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Missouri Parole, Probation, Pre-Release & Release All information & questions relating to parole, probation, pre-release/treatment centers, or release in Missouri should be posted here.

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Old 09-02-2019, 06:06 PM
Madrone Madrone is offline
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Default Eligibility for early release & Zero Percent - Help!

Hi! I am new to posting, but have read what I can find on this issue and can't find an answer. Can you guys help?

My nephew is serving a felony B sentence in Missouri and he keeps talking about being at "zero percent" so he isn't eligible for early release. He can't tell me what it means - he doesn't understand what it means, so he can't explain it to me. It doesn't make sense to me, because he has served 30% of his sentence at this point, but keeps insisting he is at 0%.

Can anyone tell me what this really means?

Thanks!

Last edited by Madrone; 09-02-2019 at 06:15 PM..
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Old 09-02-2019, 06:46 PM
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I'll see what I can find....in the meantime, has he lost Good Time? Been in the Hole for any reason?


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Old 09-02-2019, 06:57 PM
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Quote:
Originally Posted by patchouli View Post
I'll see what I can find....in the meantime, has he lost Good Time? Been in the Hole for any reason?


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No! In fact they moved him to a lower-security facility and he has completed several programs while he's been in.

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Old 09-02-2019, 07:04 PM
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Did he sign a plea deal that took away early release?
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Old 09-02-2019, 07:11 PM
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Quote:
Originally Posted by onedayatatime13 View Post
Did he sign a plea deal that took away early release?
He did sign a plea agreement, but his attorney at the time indicated he would be eligible for early release. But I will check on the terms.
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Old 09-02-2019, 07:31 PM
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I know this is a lot of questions, but Statutes generally contain a lot of "ifs, ands or buts" and references to other Statutes

Is he a violent offender or sex offender?

Were there any "enhancements" such as persistent / habitual offender??

I'm going to move your thread to the Missouri forum....hopefully someone there can better answer your questions


EDIT: The link to the new location will be in the automated message you receive.


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Old 09-02-2019, 07:47 PM
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I'm going to give you some links so you read through the info and not have to disclose too much personal info about your nephew.

Quote:
Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
  Chapter 217   217.690. Board may order release or parole — assessment, personal hearing — fee — rules — minimum term for eligibility for parole, how calculated — first degree murder, eligibility for hearing — hearing procedure — notice — special conditions — education requirements, exceptions — rulemaking authority. — 1. All releases or paroles shall issue upon order of the board, duly adopted.

http://revisor.mo.gov/main/OneSectio...&bid=35653&hl=
Quote:
Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS  Chapter 558
  558.011. Sentence of imprisonment, terms — conditional release. — 1. The authorized terms of imprisonment, including both prison and conditional release terms, are:
  (1) For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment;
  (2) For a class B felony, a term of years not less than five years and not to exceed fifteen years;
  (3) For a class C felony, a term of years not less than three years and not to exceed ten years;
  (4) For a class D felony, a term of years not to exceed seven years;


4. (1) Except as otherwise provided, a sentence of imprisonment for a term of years for felonies other than dangerous felonies as defined in section 556.061, and other than sentences of imprisonment which involve the individual's fourth or subsequent remand to the department of corrections shall consist of a prison term and a conditional release term. The conditional release term of any term imposed under section 557.036 shall be:
  (a) One-third for terms of nine years or less;
  (b) Three years for terms between nine and fifteen years;
  (c) Five years for terms more than fifteen years; and the prison term shall be the remainder of such term. The prison term may be extended by the board of probation and parole pursuant to subsection 5 of this section.

http://revisor.mo.gov/main/OneSectio...ection=558.011
Take a look at those pages, also look at any links provided (557.036, 556.061, etc if applicable)

Nowhere did I see the term Zero Percent, but perhaps your knowing what he was convicted and looking at Statutes will help you make sense of why is isn't eligible for early / conditional release.
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