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Mississippi Probation, Parole, ERS, ISP, & ICC Topics & discussion related to probation, parole, ERS, ISP, & ICC in Mississippi. All information & questions relating to parole, probation or release in Mississippi should be posted here.

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  #1  
Old 09-01-2016, 06:00 PM
hecominhome16 hecominhome16 is offline
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Default What are reasons they could deny a Home plan?

So today my love finally gave his case manager his address for when he come home. What would be a reason for them to deny his home plan? What are they looking for when he come home? Can their be kids in the home?
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Old 09-01-2016, 07:12 PM
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There are some "standard" reasons: drugs, alcohol, weapons in the home; being "related" to the offender's crime ie a co-defendant / victim; landlord says no to having them there. Sometimes the answer is "no" if you have a certain breed of dog in the home, IF the PO deems it a danger to him/herself and/or LE in general.

Other than that, its totally up to the PO, if he/she gets bad vibes for any reason, they can and will deny the home placement.

Dust bunnies don't count and will not hurt the chances of approval
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Old 09-02-2016, 02:51 AM
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Originally Posted by patchouli View Post
There are some "standard" reasons: drugs, alcohol, weapons in the home; being "related" to the offender's crime ie a co-defendant / victim; landlord says no to having them there. Sometimes the answer is "no" if you have a certain breed of dog in the home, IF the PO deems it a danger to him/herself and/or LE in general.

Other than that, its totally up to the PO, if he/she gets bad vibes for any reason, they can and will deny the home placement.

Dust bunnies don't count and will not hurt the chances of approval

Ok so they need the landlord approval also??
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Old 09-02-2016, 06:53 AM
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You don't say what crime the soon-to-be-parolee has committed. Sexual offenses carry more stringent restrictions than most, so I'm going to list the most common ones in the state of Georgia. If this doesn't apply to your situation, perhaps it can help someone else.

If he is a sex offender, he would be subject to sex offender restrictions in addition to the ones patchouli mentioned. (There are also "special conditions.")

There can be no minor children (under 18) in the home - in some cases, not even the sex offender's own children. If he IS allowed to be with his children, they must be his biolological or adopted children and he must have "lawful custody" or court-approved visitation rights for those children. He cannot even be a chaperone to a child under 18 unless another adult who knows his history as a sex offender is present.

There are lengthy "frequenting or loitering" restrictions that include a 1000-feet restriction on school bus stops, skating rinks, sporting fields that have children or youth activities, public swimming pools, gyms, arcades, amusement parks, libraries, playgrounds, churches, parks, sports facilities, neighborhood centers - and to be on the safe side, you might want to make sure your home meets those restrictions, as well.

There can be no internet access in the home (actually, no internet access available to the parolee, but that usually boils down to no internet access in the home). Password-protected computers will not bypass this restriction.

He cannot live in a house with a person with a history of sexual offense convictions. This does not apply to residential treatment settings, so if he lived in a halfway house with convicted sex offenders, that doesn't mean he would be clear to live in your home if there are other convicted sex offenders living there.

He cannot be employed within 1000 feet of a school, child care facility or church, but that information is listed in the "Approved Residence" conditions section, so you might want to infer that those restrictions will apply to his residence, as well.

He would have to avoid areas known to have prostitution activity, so count out any neighborhoods like that.

A special condition that is often applied is that he can have no contact with his victim(s), so if they are in the same house or live nearby, it's a safe bet that your residence is going to be rejected.

I don't know what conditions apply in other states, but if your situation includes a sexual offense condition, you might use this as a starting point and check the internet or Mississippi's Pardons and Paroles office to see if they have a list of restrictions that might apply to your husband.

Good luck.

Last edited by Tina Balser; 09-02-2016 at 06:57 AM..
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Old 09-02-2016, 06:56 AM
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(As an aside, I went through a patchouli period when I was in my late teens and early - to - mid twenties. I still smell the sample bottles when I pass the essential oils in Whole Foods and Earth Fare. )
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Old 09-02-2016, 07:23 AM
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Quote:
Originally Posted by Tina Balser View Post
(As an aside, I went through a patchouli period when I was in my late teens and early - to - mid twenties. I still smell the sample bottles when I pass the essential oils in Whole Foods and Earth Fare. )
I still have a bottle of patchouli, but I use it only on special occasions or when I feel like I need the vibe of it.

I don 't believe the OP's fella is an SO But to further answer her question: Usually, yes, the landlord is contacted. Maybe not always, but usually. Also, if the lease is in your name only, read it. Some landlords, especially apt. complexes w/management companies specify "No Felons" in their lease agreements.
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Old 09-02-2016, 07:39 AM
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I answered with the sex offender conditions for two reasons:

1) Someone in that position might have questions, too; and
2) She asked specifically if his kids could be in the home.

The only times I have seen restrictions against children in the home have been with sexual offenders and child abuse offenders.

Again, since she didn't specify the convictions, I wasn't sure if he had a record of sex offenses - but I thought the information might help someone out there who had those issues.

As you get to know my personality, you will find that I try to never be mean to anyone. My grandmother always taught me that you should be nice to everyone - even to people who are mean to you - because if you are nice to them, it will make them ashamed of themselves.
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Old 09-02-2016, 01:19 PM
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Quote:
Originally Posted by Tina Balser View Post
You don't say what crime the soon-to-be-parolee has committed. Sexual offenses carry more stringent restrictions than most, so I'm going to list the most common ones in the state of Georgia. If this doesn't apply to your situation, perhaps it can help someone else.

If he is a sex offender, he would be subject to sex offender restrictions in addition to the ones patchouli mentioned. (There are also "special conditions.")

There can be no minor children (under 18) in the home - in some cases, not even the sex offender's own children. If he IS allowed to be with his children, they must be his biolological or adopted children and he must have "lawful custody" or court-approved visitation rights for those children. He cannot even be a chaperone to a child under 18 unless another adult who knows his history as a sex offender is present

There are lengthy "frequenting or loitering" restrictions that include a 1000-feet restriction on school bus stops, skating rinks, sporting fields that have children or youth activities, public swimming pools, gyms, arcades, amusement parks, libraries, playgrounds, churches, parks, sports facilities, neighborhood centers - and to be on the safe side, you might want to make sure your home meets those restrictions, as well.

There can be no internet access in the home (actually, no internet access available to the parolee, but that usually boils down to no internet access in the home). Password-protected computers will not bypass this restriction.

He cannot live in a house with a person with a history of sexual offense convictions. This does not apply to residential treatment settings, so if he lived in a halfway house with convicted sex offenders, that doesn't mean he would be clear to live in your home if there are other convicted sex offenders living there.

He cannot be employed within 1000 feet of a school, child care facility or church, but that information is listed in the "Approved Residence" conditions section, so you might want to infer that those restrictions will apply to his residence, as well.

He would have to avoid areas known to have prostitution activity, so count out any neighborhoods like that.

A special condition that is often applied is that he can have no contact with his victim(s), so if they are in the same house or live nearby, it's a safe bet that your residence is going to be rejected.

I don't know what conditions apply in other states, but if your situation includes a sexual offense condition, you might use this as a starting point and check the internet or Mississippi's Pardons and Paroles office to see if they have a list of restrictions that might apply to your husband.

Good luck.


His original charge is grand larceny they put him on parole and put him on gps but he cut it off so he violated
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Old 09-03-2016, 02:37 PM
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Sorry it took me so long to respond. I need to check my email more often.

I went through to check standard parole conditions (again, this is in Georgia - Mississippi might be different, but you might be able to search the internet or the Mississippi Pardons and Paroles website for the standard conditions to see if you can find anything that could lead to the denial of a home plan).

The first thing I see on the list is the "Weapons" condition. Even though he might not personally own a weapon, I would make sure there were no weapons anywhere in my house to avoid having that used against my husband.

The second condition that I could see that could possibly relate to the approval of his home plan is "Child Support, Restitution and Fees." You mentioned that he had been on EM but had cut off his monitor. Although I have read about at least one electronic monitoring device that will work with a cellphone, most of the ones I've heard of require a landline, so I would check beforehand to see if his EM device requires a landline and get one installed in advance to avoid any possible problem or delay there.

Additionally, although this has nothing to do with having his children with him or having his home plan approved or disapproved, a standard condition here is that he has to pay child support as required by Georgia law. Make sure he doesn't fall behind or he might have his parole violated - not just go to jail until the back support is paid.

Parolees are also not supposed to associate with other convicted felons; I know that two felons who marry each other are exempt from this rule - and I have heard of (for example) an acceptable living arrangement where a parent who is on parole and a child who is on probation live together under the same roof - but to be on the safe side, I would make sure there were no convicted felons living in the house listed on your husband's home plan.

It would also be a good idea to make sure no one in your household or visiting your home brought drugs into your house. I'm sure you know he will be drug-tested occasionally as a matter of course, but I would not allow anyone to come anywhere near my house with drugs in order to protect my husband from false accusations.

Those are the only conditions that I can think of that might cause your husband's home plan to be rejected.

If you live in a different state than the one where your husband is incarcerated (I didn't see any information about that in your original post), he will need to file for an Interstate Compact as soon as he is allowed to.

I wouldn't think that a charge of grand larceny would cause him to not be able to have access to his children, but again, I'm not a parole officer and Mississippi might be different.

I will check next week and see if I can find out any other obstacles that might cause a problem for you with a home plan and will let you know if I get additional information.

Have a great holiday weekend and good luck as you prepare for your husband's homecoming.

Last edited by Tina Balser; 09-03-2016 at 02:54 PM..
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Old 09-03-2016, 11:28 PM
hecominhome16 hecominhome16 is offline
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Quote:
Originally Posted by Tina Balser View Post
Sorry it took me so long to respond. I need to check my email more often.

I went through to check standard parole conditions (again, this is in Georgia - Mississippi might be different, but you might be able to search the internet or the Mississippi Pardons and Paroles website for the standard conditions to see if you can find anything that could lead to the denial of a home plan).

The first thing I see on the list is the "Weapons" condition. Even though he might not personally own a weapon, I would make sure there were no weapons anywhere in my house to avoid having that used against my husband.

The second condition that I could see that could possibly relate to the approval of his home plan is "Child Support, Restitution and Fees." You mentioned that he had been on EM but had cut off his monitor. Although I have read about at least one electronic monitoring device that will work with a cellphone, most of the ones I've heard of require a landline, so I would check beforehand to see if his EM device requires a landline and get one installed in advance to avoid any possible problem or delay there.

Additionally, although this has nothing to do with having his children with him or having his home plan approved or disapproved, a standard condition here is that he has to pay child support as required by Georgia law. Make sure he doesn't fall behind or he might have his parole violated - not just go to jail until the back support is paid.

Parolees are also not supposed to associate with other convicted felons; I know that two felons who marry each other are exempt from this rule - and I have heard of (for example) an acceptable living arrangement where a parent who is on parole and a child who is on probation live together under the same roof - but to be on the safe side, I would make sure there were no convicted felons living in the house listed on your husband's home plan.

It would also be a good idea to make sure no one in your household or visiting your home brought drugs into your house. I'm sure you know he will be drug-tested occasionally as a matter of course, but I would not allow anyone to come anywhere near my house with drugs in order to protect my husband from false accusations.

Those are the only conditions that I can think of that might cause your husband's home plan to be rejected.

If you live in a different state than the one where your husband is incarcerated (I didn't see any information about that in your original post), he will need to file for an Interstate Compact as soon as he is allowed to.

I wouldn't think that a charge of grand larceny would cause him to not be able to have access to his children, but again, I'm not a parole officer and Mississippi might be different.

I will check next week and see if I can find out any other obstacles that might cause a problem for you with a home plan and will let you know if I get additional information.

Have a great holiday weekend and good luck as you prepare for your husband's homecoming.

Ok thanks
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