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  #1  
Old 12-29-2015, 10:25 AM
mxpyacymmzy mxpyacymmzy is offline
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Default Confused! Husband says that he's eligible for parole after serving half.

My husband spoke with his counselor a few weeks ago. He's in for first-degree murder (25-life) along with a gun enhancement (25) making it a total of 50-life. His counselor told him that he would be eligible for parole after serving 13-15 years. I thought that he would have to serve his determinate sentence, which would be 50 years, before he is eligible for parole. He wrote back to me and said that he found out the reason why his counselor said that was because the gun enhancement doesn't matter and that other inmates are telling him the same thing... but now that he's said that, it's made me more confused then ever. If you have answers, please help me out on here. Thanks in advance.
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Old 02-01-2016, 10:49 PM
sunnykday sunnykday is offline
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i've been released only 6 months and have learned of this before leaving prison. i believe he has it wrong. from my understanding it was. people who have non-violent 2nd strikers will be eligible for parole when they have served half of their time. but to be considered he has to stay trouble free for 18 months( no write-ups). then the counselor will put their c-file(state prison file) to the parole board for early release. then it still takes about a month or two for it to be approved or denied. then their release date changes to the new one. but from what i've seen they do a little over half of their time(couple months over). But i could be wrong. it has been 6 months since i've been out. the rules could have changed.
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Old 02-02-2016, 09:56 AM
mxpyacymmzy mxpyacymmzy is offline
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Thanks. That's what I thought too, that it only applies to non-violent inmates, but he kept saying that that is what the other inmates and his counselor told him. Thanks again for the clarification. And I'm glad to hear that you're out.
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Old 02-02-2016, 11:19 AM
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miamac miamac is offline
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I wish the gun enhancement "didn't matter", my husband could come home today.

Unfortunately prison rumors regarding sentencing are common and most-often really wrong. Sometimes CO's start them, sometimes it's inmates exaggerating something they heard and sometimes it's an ill-informed counselor. You get kinda used to it. :/
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Old 02-02-2016, 11:57 AM
mxpyacymmzy mxpyacymmzy is offline
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Thanks for the heads-up on rumors... I sort-of figured. My husband has been telling me a bunch of things that I think are bs since I could never find anything to back it up.
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Old 02-03-2016, 01:00 PM
MRS.GARZAT MRS.GARZAT is offline
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Quote:
Originally Posted by sunnykday View Post
i've been released only 6 months and have learned of this before leaving prison. i believe he has it wrong. from my understanding it was. people who have non-violent 2nd strikers will be eligible for parole when they have served half of their time. but to be considered he has to stay trouble free for 18 months( no write-ups). then the counselor will put their c-file(state prison file) to the parole board for early release. then it still takes about a month or two for it to be approved or denied. then their release date changes to the new one. but from what i've seen they do a little over half of their time(couple months over). But i could be wrong. it has been 6 months since i've been out. the rules could have changed.
Hello-I came across your post, and wanted to ask you a couple of questions since you have been recently released from a CDCR. Hope you don't mind. My husband is in reception at San Quentin. He arrived on 1/20/16. He is there on a 16 mo term at half which is 8 months. He has about 4 months left as of today.County gave 184 credit with 92 actual. Do you think that he will just stay in reception? and will he do the whole 8 months? Also I am guessing none of these new credits and other early release programs will apply to him while he is in reception. Any info would be appreciated. Thank you
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Old 02-15-2016, 12:19 AM
2sleepy 2sleepy is offline
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Hello-I came across your post, and wanted to ask you a couple of questions since you have been recently released from a CDCR. Hope you don't mind. My husband is in reception at San Quentin. He arrived on 1/20/16. He is there on a 16 mo term at half which is 8 months. He has about 4 months left as of today.County gave 184 credit with 92 actual. Do you think that he will just stay in reception? and will he do the whole 8 months? Also I am guessing none of these new credits and other early release programs will apply to him while he is in reception. Any info would be appreciated. Thank you
They will probably keep him there, it takes about 4 months to be mainlined from reception. He is not eligible for third time, and there is probably not enough time for him to get any milestone credits but he might ask his counselor about it, probably the only program available in reception would be GED classes and I'm not even sure they offer those in all reception centers.
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Old 02-18-2016, 08:49 PM
brandonsgirl65 brandonsgirl65 is offline
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hi im new to this ive been trying to get information my husband is in DVI since 10/9/15 he got 3 years for felony duis he got 6 months credit in county and half time when he entered state(DVI) which left him 15 months he has not seen a counselor and when I call they tell me he has already seen his counselor he said not true so its 4 months already how long will he have to stay in reception? he gets 1/3 time when he hits mainline will that be after the 30 months or how does it work? appreciate the help.
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Old 02-19-2016, 01:56 AM
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Originally Posted by brandonsgirl65 View Post
hi im new to this ive been trying to get information my husband is in DVI since 10/9/15 he got 3 years for felony duis he got 6 months credit in county and half time when he entered state(DVI) which left him 15 months he has not seen a counselor and when I call they tell me he has already seen his counselor he said not true so its 4 months already how long will he have to stay in reception? he gets 1/3 time when he hits mainline will that be after the 30 months or how does it work? appreciate the help.
Well, I always say, I never understand and have never done any calling to the prison. I'm not sure who you talked to, but in general they are notorious for giving false information just by looking at generalizations. Remember they do not have to tell you anything, and many times they are not allowed to tell you anything. California has taken personal information very seriously. Great except the times we really do need info. The person you spoke to for some reason didn't just say I don't know. So unless your husband would lie to you about this, they gave you info to get you off their backs. 3-5 months is common. Some have gone longer before seeing a counselor. Once he does you will have a lot more info.
How do you know he will get 'third' time? I always wonder that, been forever since we were at that stage. I thought it was the counselor who confirmed all that. And he hasn't seen his. He should be seeing the counselor any day now. But could be a month or more worst case but has happened. Until then his time accrual is how the judge set it up. Once he is endorsed for his prison and what level it may change at that point. And might not. He must be given minimum custody, certain restrictions, to be qualified for the third time. And that is off of the complete remainder of time. Like if he was given third time, the remainder of his sentence would be third instead of half. Not a third of the half. Most people see things as 'of course he would be minimum, he only did...', but I would never assume, unless you've already been told. They have some calculation thing that determines that, by the point level.
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Old 02-20-2016, 03:24 PM
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Originally Posted by brandonsgirl65 View Post
hi im new to this ive been trying to get information my husband is in DVI since 10/9/15 he got 3 years for felony duis he got 6 months credit in county and half time when he entered state(DVI) which left him 15 months he has not seen a counselor and when I call they tell me he has already seen his counselor he said not true so its 4 months already how long will he have to stay in reception? he gets 1/3 time when he hits mainline will that be after the 30 months or how does it work? appreciate the help.
Some guys are in DVI for more than 6 months before they get mainlined, they are very slow there. He will only get third time IF he is endorsed to a minimum security facility. You can call whoever you want, but I caution against it. Every time I hear about someone making calls to the reception counselor it seems that the inmates in those situations stay in reception longer than other inmates, maybe it's just coincidence, but it sure seems funny..
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