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  #1  
Old 05-09-2012, 09:07 AM
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Default Why doesn't his outdate include time served?

They changed my fiancee's out date from 10/15/2013 to 10/11/2013 & I actually got really excited! lol.
It's only four days.. but still... the sooner the better!


However, I'm a little confused.
My fiancee has been in jail since January 4th 2012.
He got sentenced to 21.4 months.
His out date does not include his time served?? Why not??
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Old 05-09-2012, 09:47 AM
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Not sure about time served. My man was denied his time served.

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Old 05-09-2012, 09:53 AM
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I'm confuse as well he did 48 days in county and still show the normal sentence 36 months :'(

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Old 05-09-2012, 12:57 PM
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They only get time served if the judge specifically says that it should be applied to his sentence. Also, when my husband was in Michigan, as long as he had a bond none of the time he spent counted as time served. He had to revoke his bond to start accruing time served. I don't know if the rules are the same in Florida, every time he's gone to jail down here it's been no bond.
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Old 05-09-2012, 03:21 PM
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The judge told us he would get credit for time served.He never had a bond the whole time he was in county. Maybe they are waiting until he gets to his permanent camp? He's still in reception right now.
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Old 05-09-2012, 05:58 PM
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Mine had bond and judge said time served but on doc page still same date ?why ...what happened to the county days?

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Old 05-09-2012, 06:09 PM
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Quote:
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Mine had bond and judge said time served but on doc page still same date ?why ...what happened to the county days?

Miss Z
Mine had 3 months in the county before getting sentenced & I was told it would count too. I dunno whats up with that. It's important to me though cause my birthdays in August & he's already gonna miss my 21st & his 26th... I don't want him to miss next years too. ;(
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Old 05-09-2012, 06:22 PM
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I'm not sure when Ben's county time was applied to his release date, but it was because he maxed out before we thought he would. It was due to the county days being applied.

Also, his date will change each month until he reaches the 85% date because he has to earn those days. They aren't given and then taken away if he gets in trouble.

Lastly, even with county time applied he can't go below 85%. That is the amount of time he will have to serve regardless of how much time he earned at the county jail. For example, if he was eligible to earn 1 year of gaintime and spent 6 months in county, he could only earn 6 months of gaintime before he maxed out. They continue to be awarded gaintime after they reach the 85% date, but the date doesn't change each month any longer unless he gets in trouble and loses gaintime. Then he can earn it back depending on how much he lost and how much time he has remaining to serve.
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Old 05-09-2012, 06:25 PM
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Quote:
Originally Posted by ben's girl View Post
I'm not sure when Ben's county time was applied to his release date, but it was because he maxed out before we thought he would. It was due to the county days being applied.

Also, his date will change each month until he reaches the 85% date because he has to earn those days. They aren't given and then taken away if he gets in trouble.

Lastly, even with county time applied he can't go below 85%. That is the amount of time he will have to serve regardless of how much time he earned at the county jail. For example, if he was eligible to earn 1 year of gaintime and spent 6 months in county, he could only earn 6 months of gaintime before he maxed out. They continue to be awarded gaintime after they reach the 85% date, but the date doesn't change each month any longer unless he gets in trouble and loses gaintime. Then he can earn it back depending on how much he lost and how much time he has remaining to serve.
His sentence is 21.4 months.
I used the prison calculator and it told me he could get out as early as April 19th if he keeps ALL good time & gets his time served. Does this sound right?
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Old 05-09-2012, 06:32 PM
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I am not good at those calculations. There are some formulas in a Sticky thread at the top of this subforum (FL Parole, Probation & Release) that should be able to help you. I used one of those online calculators and it didn't match Ben's release date given to give by DOC.
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Old 05-09-2012, 08:07 PM
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Well all I know the whole 6 weeks my man was at rmc west and main Unit only gained four days ...he sent me the original copy so ill keep it at the house and I don't look at doc site nomore bc Realli sad me da date never change :'( ...

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Old 05-09-2012, 08:28 PM
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Quote:
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Well all I know the whole 6 weeks my man was at rmc west and main Unit only gained four days ...he sent me the original copy so ill keep it at the house and I don't look at doc site nomore bc Realli sad me da date never change :'( ...

Miss Z
He's been in there for 2 1/2 weeks and gained the 4. I dunno if that's for getting baptized or just gain time.. either way I'm excited. lol.
The DOC website makes me sad too.. I hate lookin at his picture on there..
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Old 05-09-2012, 09:05 PM
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Quote:
Originally Posted by tripsgirl

He's been in there for 2 1/2 weeks and gained the 4. I dunno if that's for getting baptized or just gain time.. either way I'm excited. lol.
The DOC website makes me sad too.. I hate lookin at his picture on there..
HHahhahhahhahh baptized hahahahahhahh I feel u..so ya man is at rmc? Pm me

Miss Z
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Old 05-10-2012, 06:09 AM
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4 days is about the standard gaintime earned while in reception. Once he has a job assigned to him he will be eligible for the 10 days per months.
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Old 05-10-2012, 08:29 AM
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Mrs Ben. What a great comment my baby just told me last nite he star school today and a job....ayeeeeee ...

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Old 05-11-2012, 08:14 AM
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Quote:
Originally Posted by ben's girl View Post
.
Lastly, even with county time applied he can't go below 85%. That is the amount of time he will have to serve regardless of how much time he earned at the county jail. For example, if he was eligible to earn 1 year of gaintime and spent 6 months in county, he could only earn 6 months of gaintime before he maxed out. They continue to be awarded gaintime after they reach the 85% date, but the date doesn't change each month any longer unless he gets in trouble and loses gaintime. Then he can earn it back depending on how much he lost and how much time he has remaining to serve.
This is not correct.

"Time served" from county jail is a time credit that goes against the 85% of your sentence that you have to serve - you were sitting in a jail cell just not at the state for that time and they are giving you credit for that as a day served.

That is how a lot of guys actually end up at DOC for less than a year. They get sentenced to short sentences over a year but had a ton of jail credit because they spent a lot of time in jail waiting before being sentenced finally. Since their sentence is technically on paper over a year they get sent to DOC, even though with their jail credit they may only have a few months of it left to serve. Many of these guys don't even max out their 85% dates because they weren't earning gain time in the county and they don't spend enough time at DOC to earn their 15%.

For instance...an 18 month sentence with 9 months of jail credit. 18 months is eligible for 2.7 months of gain time. That would take about 8 months to earn.

So....

18 months - 9 months jail credit - 2.7 months gain time = 6.3 months

The guy wouldn't actually be at DOC long enough to earn all of that 2.7 months. He'd end up serving about 7 months at DOC, plus the 9 months in jail. 16 months out of the 18 months.
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Old 05-11-2012, 06:16 PM
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"Time served" from county jail is a time credit that goes against the 85% of your sentence that you have to serve - you were sitting in a jail cell just not at the state for that time and they are giving you credit for that as a day served.

That is what I was trying to relay. I may have used inaccurate calculations because I don't know how to calculate this stuff exactly (my numbers where an example, but not meant to be true calculations), but they still can't go below 85%. Ben maxed out before we thought he would because of the county jail time, hence why he didn't earn the gaintime in DOC because he got credit for the county time. He's still sitting at 85%, not below it.
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Old 05-11-2012, 10:15 PM
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I'm so confuse ...mi man said out of his 36 months he will do 30 then out of the 30 they will have to credit his 48 days from time served at county since is what the judge said...but at the doc still said same date since 3 months ago ....is crazy ..but now u guys said dat county time Will b including on the 85%???? Please explain....

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Old 05-12-2012, 02:18 PM
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Quote:
Originally Posted by missZ View Post
I'm so confuse ...mi man said out of his 36 months he will do 30 then out of the 30 they will have to credit his 48 days from time served at county since is what the judge said...but at the doc still said same date since 3 months ago ....is crazy ..but now u guys said dat county time Will b including on the 85%???? Please explain....

Miss Z
You've mentioned a couple times that your man has been in the box? He can't earn gain time during a month that he was in the box. So that would keep his date from shifting.

He will have to serve 30.6 months (that's 85% of 36 months), minus 48 days that he already served in county. So about 29.5 months.
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Old 05-13-2012, 07:55 AM
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Quote:
Originally Posted by NAN425

You've mentioned a couple times that your man has been in the box? He can't earn gain time during a month that he was in the box. So that would keep his date from shifting.

He will have to serve 30.6 months (that's 85% of 36 months), minus 48 days that he already served in county. So about 29.5 months.
..just da first week once he was moved from county to rmc main he was sent there due one of his charges as da classification told me...regardless he gain his normal 4 days as bensgurl said ...is all u can gain at reception ...so been sent there it didn't mater due it wasn't because he did nothin wrong ....my question was about county time done...when will be apply......but I thank u so much for the math LOL ...thank u.

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Old 05-13-2012, 08:07 AM
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Wat da .5 means? 5 days?

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Old 05-13-2012, 01:32 PM
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That's a decimal point. So .5 equals one half. 29.5 months is 29 and a half months
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Old 05-25-2012, 06:33 PM
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all i know, is my boo went it on march 7th, his flat date was august 25th of next year. he was in county till march 28th, when doc got him and took him to prison. his day has moved to august 10th of next year. He tells me as long as he gets his ged, takes anger management classes, drug and AA classes, he'll be out in feburary. I'm in tennessee though, not florida.
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