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Old 10-23-2019, 05:22 PM
Katherinemichel Katherinemichel is offline
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Unhappy Convicted as parole violator: What happens next?

So my husband was out for 4.5 years and paroles up in July 2020. In July I had to call 911 due to a suicide attempt ( he took a bunch of pills and held a knife to his throat) and they ended up arresting him on a dui. Now this triggered a detainer he took a plea because he had been sitting in county on a detainer for almost 3 months and although he wanted to go to trial he decided to plea out to get things moving which he got time served for. So now heís being moved upstate as a convicted parole violator. Anyone know what happens next? Do I write a letter to the board? What do I even tell them?
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Old 10-27-2019, 06:38 AM
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Hi there I am sorry you havent received any responses. I am sorry to hear you are going through this and I hope you receive some answers soon.
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Old 10-27-2019, 06:56 AM
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To be declared a CPV, there are two hearings under Gagnon v. Scarpelli. The Gagnon I hearing is like a preliminary hearing to determine if he should be detained. At the Gagnon II, the Board makes a final decision. If he's already had the Gagnon II, then a green sheet is forthcoming. It will set out the amount of time the Board wants him to serve and also how much of his street time they have taken back. It will list his next review date for re-parole consideration and also his new max date.

if he's already determined to be a CPV, there's nothing you can do until he approaches his date for re-parole consideration. You could then write a letter of support that focuses on his successes while on parole without minimizing his DUI behavior. (The Board is very serious about DUIs.)
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Old 10-28-2019, 03:27 PM
Katherinemichel Katherinemichel is offline
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Quote:
Originally Posted by bobble60 View Post
To be declared a CPV, there are two hearings under Gagnon v. Scarpelli. The Gagnon I hearing is like a preliminary hearing to determine if he should be detained. At the Gagnon II, the Board makes a final decision. If he's already had the Gagnon II, then a green sheet is forthcoming. It will set out the amount of time the Board wants him to serve and also how much of his street time they have taken back. It will list his next review date for re-parole consideration and also his new max date.

if he's already determined to be a CPV, there's nothing you can do until he approaches his date for re-parole consideration. You could then write a letter of support that focuses on his successes while on parole without minimizing his DUI behavior. (The Board is very serious about DUIs.)
Well heís still sitting in county and hasnít been taken back upstate yet. He waived some hearing when he was first booked with parole back in August Iím assuming that was his gag 1? Iíve tried numerous times to comprehend the way they do these hearings and outcomes but I just donít understand it. I know they can take back street time which honestly neither of us cares about at this point. Our concern is getting him back home and back to work. Heís the sole supporter to our family of 6. So this is a huge set back for me and the kids as well as him. His job is waiting for him. He got a time served sentence for his plea he took for the dui case but he didnít plea to a dui because he needs his license for work. Any advice or help comprehending whatís up next? What happens at the board hearing?
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Old 11-03-2019, 07:21 AM
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I believe he is awaiting his Gagnon II hearing. It may not happen until he is in state prison. He then awaits a green sheet with their ruling.

In my experience with parolees who commit DUI, up to 12 months of street time is taken, which moves the max date by one year. The parolee is then sentenced to a term of incarceration of around six months and may be required to complete a TC program. Since he was given time-served for the DUI, none of that time counts towards his parole sanctions.

He can ask for an attorney for the Gagnon II hearing.
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