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California Prison & Criminal Justice News & Events + 3 Strikes Do you have news relating to California's Prison or Ciminal Justice System and related efforts? Post them here! Also discuss 3 Strike laws.

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  #51  
Old 01-14-2015, 09:16 PM
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Default another confused one here

I'm sorry this in a way is new to me as well. Please be patient

Does the 2 for 1 only apply to camps? Or is it for anyone (non violent) in a medium facility?

Thank you in advance.
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  #52  
Old 01-14-2015, 10:11 PM
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I'm sorry this in a way is new to me as well. Please be patient

Does the 2 for 1 only apply to camps? Or is it for anyone (non violent) in a medium facility?

Thank you in advance.
All minimum security A & B who are NOT in camps and already serving 50%.
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  #53  
Old 01-18-2015, 10:47 PM
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Just out of curiosity has anyone's LO heard from their counselor regarding their new release date? I'm just curious how it falls in line with everything else.
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  #54  
Old 01-21-2015, 12:51 PM
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My guy saw his counselor last week who told him he could see the committee immediately and basically forced him to waive the 72 hour required notice -- then it was a nightmare. This is his first time in, first felony; he is a minimum custody inmate with 12 points, serving at 50%. He was recommended for fire camp in reception last May. When he got to CCC in Susanville, after waiting over 3 months he was denied camp and told he could discuss it at his annual review NEXT May. He then filed an appeal and in December his counselor told him that appeal wasn't helping him and convinced him to withdraw it, promising him she would get him into the Warden by the end of the year and that he would get to camp. Well, that never happened. Then, this latest event as mentioned above.

During this committee, one of the members said she would make him a deal - put him on "probation" for 90 days and if he didn't get in any trouble (he hasn't been in any since he's been incarcerated for almost 2 years), then she will send him to camp and NOT take away his 33%. Then she did happen to mention that would put him right around his annual review in May - NO KIDDING! So basically, nothing has happened - they have just drug this out for a year.

He said no one there is making ANY mention of this Feb. 2014 court order where these guys get their 2 for 1 credits whether or not they get to camp, if eligible. And this committee member apparently has authority to remove his 33% for whatever reason she wants - nothing was mentioned about depleting fire camps.

My thought is to send him a copy of this Feb. 2014 court order. But then what, what does he do with it? If he raises a stink about it, they could retaliate and ship him off to somewhere worse ... he is already 600+ miles from home, making visitation very difficult. Seems like any time he asks a question, there is a consequence for him. If he tries to appeal a decision - they talk him out of it only to have nothing come of it - just false promises. This is our first time through this system and it is very disheartening.

I don't want to do anything to make things worse for him, he doesn't want to do anything to make his time worse - he just wants to get through this. But my understanding of the new Court order is he is to get this 1/3 time as of Jan. 1st this year, as he is eligible.

Any help or suggestion would be most appreciated. I've included below the part of the new order that is applicable for him. Thank you so much for reading this - I realize it's a big lengthy - & any reply.

"Additional credits for minimum custody prisoners (starts January 1, 2015) --

The February 2014 court order requires the State to increase credits prospectively for minimum custody inmates “to the extent such credits do not deplete participation in fire camps.” CDCR had told the federal court that it would not increase time credits for those prisoners because it had determined that giving minimum custody prisoners 2-for-1 credits would deplete participation in fire camps. On September 16, 2014, the Prison Law Office and other lawyers for the prisoners filed a motion asking the federal three-judge court to order CDCR to increase credits for minimum custody prisoners.

After the motion was filed, CDCR on December 12, 2014 agreed to grant two-for-one credits to all prisoners who are designated as Minimum Custody A or Minimum Custody B pursuant to CDCR rules (Title 15, Cal Code of Regulations, section sec. 3377.1) who are currently eligible to earn day-for-day credits (50%). This new credit measure will be implemented on January 1, 2015, and will applied prospectively (meaning increased credits will be earned only on days served after 1/1/15). Defendants estimate that approximately 4,300 inmates will be eligible to earn 2-for-1 credits under this provision."
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  #55  
Old 01-22-2015, 07:24 AM
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All minimum security A & B who are NOT in camps and already serving 50%.
Who enforces this? As you can see from my lengthy post above, I'm trying to sort out solution. Thanks!
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  #56  
Old 01-22-2015, 06:24 PM
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Who enforces this? As you can see from my lengthy post above, I'm trying to sort out solution. Thanks!
Very simply put the Fed's enforce this with the oversight of the Court appointed compliance officer. Additionally, there are monthly reports due on the 15th of each month that CDCr publishes to show compliance. Remember CDCr moves slow...
Monthly reports are here http://www.cdcr.ca.gov/News/3_judge_panel_decision.html
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  #57  
Old 01-24-2015, 12:16 PM
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My guy saw his counselor last week who told him he could see the committee immediately and basically forced him to waive the 72 hour required notice -- then it was a nightmare. This is his first time in, first felony; he is a minimum custody inmate with 12 points, serving at 50%. He was recommended for fire camp in reception last May. When he got to CCC in Susanville, after waiting over 3 months he was denied camp and told he could discuss it at his annual review NEXT May. He then filed an appeal and in December his counselor told him that appeal wasn't helping him and convinced him to withdraw it, promising him she would get him into the Warden by the end of the year and that he would get to camp. Well, that never happened. Then, this latest event as mentioned above.

During this committee, one of the members said she would make him a deal - put him on "probation" for 90 days and if he didn't get in any trouble (he hasn't been in any since he's been incarcerated for almost 2 years), then she will send him to camp and NOT take away his 33%. Then she did happen to mention that would put him right around his annual review in May - NO KIDDING! So basically, nothing has happened - they have just drug this out for a year.

He said no one there is making ANY mention of this Feb. 2014 court order where these guys get their 2 for 1 credits whether or not they get to camp, if eligible. And this committee member apparently has authority to remove his 33% for whatever reason she wants - nothing was mentioned about depleting fire camps.

My thought is to send him a copy of this Feb. 2014 court order. But then what, what does he do with it? If he raises a stink about it, they could retaliate and ship him off to somewhere worse ... he is already 600+ miles from home, making visitation very difficult. Seems like any time he asks a question, there is a consequence for him. If he tries to appeal a decision - they talk him out of it only to have nothing come of it - just false promises. This is our first time through this system and it is very disheartening.

I don't want to do anything to make things worse for him, he doesn't want to do anything to make his time worse - he just wants to get through this. But my understanding of the new Court order is he is to get this 1/3 time as of Jan. 1st this year, as he is eligible.

Any help or suggestion would be most appreciated. I've included below the part of the new order that is applicable for him. Thank you so much for reading this - I realize it's a big lengthy - & any reply.

"Additional credits for minimum custody prisoners (starts January 1, 2015) --

The February 2014 court order requires the State to increase credits prospectively for minimum custody inmates “to the extent such credits do not deplete participation in fire camps.” CDCR had told the federal court that it would not increase time credits for those prisoners because it had determined that giving minimum custody prisoners 2-for-1 credits would deplete participation in fire camps. On September 16, 2014, the Prison Law Office and other lawyers for the prisoners filed a motion asking the federal three-judge court to order CDCR to increase credits for minimum custody prisoners.

After the motion was filed, CDCR on December 12, 2014 agreed to grant two-for-one credits to all prisoners who are designated as Minimum Custody A or Minimum Custody B pursuant to CDCR rules (Title 15, Cal Code of Regulations, section sec. 3377.1) who are currently eligible to earn day-for-day credits (50%). This new credit measure will be implemented on January 1, 2015, and will applied prospectively (meaning increased credits will be earned only on days served after 1/1/15). Defendants estimate that approximately 4,300 inmates will be eligible to earn 2-for-1 credits under this provision."
wow, what a mess! He definitely should get 1/3 time from January 1 on, and it sounds like they are not even discussing that with him. Would it be feasible for him to make an appointment with his counselor and show them the court order and politely ask how/when they are going to recalculate his release date based on that? If they refuse to respond then he can file a 602, or you can write to the Prison law office and get them involved. CDCR seems to like to play these little games, when my son was in prison he was minimum security and was placed in a level 2/3 facility, when he tried to complain he was reminded of 'how much worse it could get for him' if he didn't shut up about it
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  #58  
Old 01-24-2015, 10:14 PM
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My husband has been on his cc1 and cc3 about the implementation of the 2 for 1 credits since the beginning of this month. Now, they are getting annoyed at him bugging people about this and threatened to write him up.
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  #59  
Old 01-25-2015, 07:49 PM
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So I seen my man and he seen his counselor and was put at level one security and told he's eligible now for the 2-for-1 credits. He has to be transferred to a California Community Center now (they told him either in McFarland or Adelanto) he said they'll probably transfer him in 3wks. and the 2 for 1 starts as soon as he gets to his next location.
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  #60  
Old 01-26-2015, 12:03 AM
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For twistedgemini - So glad to hear progress on your end! Where is he now? ... For what it's worth, the order clearly states that the 2 for 1 credits are to begin as of Jan. 1, 2015.
As Donna May has pointed out, in the past when he has asked any question, politely AND respectfully, he has always been reminded he could be sent somewhere way worse - in other words, shut up and go away. He now has a copy of the Order. We've recalculated his time and know the date he should be released this fall. Guess we'll wait & see what happens at his annual review later this Spring and for response from the PrisonLaw office. That & a lot of praying!
Yep, 2Sleepy, his counselor & CC2 & the other unidentified 2 at the committee did not make one mention of this order, rather it seems they are not going to - now anyway. And it does seem like some at CDCR get off on the mind games they play on the inmates, a bit bizarre to say the least.
Thanks so much!
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  #61  
Old 01-26-2015, 01:59 AM
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Remember to calculate the 33% off of 100% as of the first of the year. And since you calculated fall they have time to get it together. I'm definitely not defending them and I do think we all need to keep an eye on what's going on but I'm thinking with all the changes hitting on the first of the year they are scrambling to get updated on what and how to implement. I remember the last major change in recalculating dates it took them about 60 days till we all got word it was finally happening. They knew it was coming but thought they could ride it out til they got the date. And believe me, I'm as impatient as a mother trucker right now. Just saying... It has to be coming, give it time (it's only been 3 weeks since the 1st), and others are even in a worse spot fighting the lingo of the order. So the counselors are only the buffer zone for the actual ones we want to hear us.
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  #62  
Old 01-26-2015, 11:04 AM
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For twistedgemini - So glad to hear progress on your end! Where is he now? ... For what it's worth, the order clearly states that the 2 for 1 credits are to begin as of Jan. 1, 2015.
As Donna May has pointed out, in the past when he has asked any question, politely AND respectfully, he has always been reminded he could be sent somewhere way worse - in other words, shut up and go away. He now has a copy of the Order. We've recalculated his time and know the date he should be released this fall. Guess we'll wait & see what happens at his annual review later this Spring and for response from the PrisonLaw office. That & a lot of praying!
Yep, 2Sleepy, his counselor & CC2 & the other unidentified 2 at the committee did not make one mention of this order, rather it seems they are not going to - now anyway. And it does seem like some at CDCR get off on the mind games they play on the inmates, a bit bizarre to say the least.
Thanks so much!
He's at North Kern State Prison right now. I understand that's when the order started but because he hadn't received his severity status until last week it didn't apply to him. I feel that that 2 for 1 credits should've started the day they determined he's minimum custody but he told me it starts once he's at the new location but we'll see. It would've been if the order was retroactive and go back to Jan for him but it's not.
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  #63  
Old 01-26-2015, 11:41 AM
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Does the second strike have to be their commitment offense? My husband has two strikes, but serving 50% on another offense.
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Old 01-26-2015, 04:59 PM
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I'm definitely not defending them and I do think we all need to keep an eye on what's going on but I'm thinking with all the changes hitting on the first of the year they are scrambling to get updated on what and how to implement.


My LO's said his counselor said they have to work on those who have to have hearings scheduled by Feb. first and then they'll start recalculating the 2 for 1 the minimum custody inmates.

Last edited by jilkenma; 01-26-2015 at 05:02 PM.. Reason: Typo
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Old 01-26-2015, 10:51 PM
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Remember to calculate the 33% off of 100% as of the first of the year. And since you calculated fall they have time to get it together. I'm definitely not defending them and I do think we all need to keep an eye on what's going on but I'm thinking with all the changes hitting on the first of the year they are scrambling to get updated on what and how to implement. I remember the last major change in recalculating dates it took them about 60 days till we all got word it was finally happening. They knew it was coming but thought they could ride it out til they got the date. And believe me, I'm as impatient as a mother trucker right now. Just saying... It has to be coming, give it time (it's only been 3 weeks since the 1st), and others are even in a worse spot fighting the lingo of the order. So the counselors are only the buffer zone for the actual ones we want to hear us.
I thought 33% was of time remaining 1/1/2015. So are you saying its 33% if the original sentences? Then what about credit he was given for time served in jail (599 days), and then the 50% time off of his sentence? We took his sentence (8 yrs) less credit in jail (599 days), which is what was calculated @ his 1st review hearing, & told he had 1151 d
ays left to serve (computer @ 50%), w/release date of 7/22/17. That was before this order was signed. I was told 33% does NOT go back to any time prior to 1/1/15, it only is for time served from 1/1/15 forward.
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Old 01-26-2015, 10:52 PM
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I'm definitely not defending them and I do think we all need to keep an eye on what's going on but I'm thinking with all the changes hitting on the first of the year they are scrambling to get updated on what and how to implement.


My LO's said his counselor said they have to work on those who have to have hearings scheduled by Feb. first and then they'll start recalculating the 2 for 1 the minimum custody inmates.

That makes sense, just anxious. Thank you!
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Old 01-27-2015, 05:14 PM
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I thought 33% was of time remaining 1/1/2015. So are you saying its 33% if the original sentences? Then what about credit he was given for time served in jail (599 days), and then the 50% time off of his sentence? We took his sentence (8 yrs) less credit in jail (599 days), which is what was calculated @ his 1st review hearing, & told he had 1151 d
ays left to serve (computer @ 50%), w/release date of 7/22/17. That was before this order was signed. I was told 33% does NOT go back to any time prior to 1/1/15, it only is for time served from 1/1/15 forward.
Right. But it's not 2-1 after the 50% was already taken off. As of the first of the year instead of 50% taken off he'll get 66.7 taken off. So it's sorta like saying if you look at the time he has left with the 50% credits given take off an extra 16.7%. So if I'm just sorta guessing according to his release date if he stays minimum and eligible the rest of his sentence it's an extra 6 months off.

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Old 01-27-2015, 05:54 PM
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Right. But it's not 2-1 after the 50% was already taken off. As of the first of the year instead of 50% taken off he'll get 66.7 taken off. So it's sorta like saying if you look at the time he has left with the 50% credits given take off an extra 16.7%. So if I'm just sorta guessing according to his release date if he stays minimum and eligible the rest of his sentence it's an extra 6 months off.
oh no, what a blow! This is how any of this has been explained to us. Even if he goes to fire camp - it was explained he got his 50%, THEN he served 1/3 of what remained from that.

I think I'm going to throw up ....

Thanks - I guess - for the update.
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Old 01-27-2015, 07:12 PM
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oh no, what a blow! This is how any of this has been explained to us. Even if he goes to fire camp - it was explained he got his 50%, THEN he served 1/3 of what remained from that.

I think I'm going to throw up ....

Thanks - I guess - for the update.
I know. I'm sorry. After I posted I realized if it were me I would probably cry or puke also. With all these changes I am hopeful but know I can't get my hopes up to high. You're not the first one to read it that way. But hey. Keep remembering the bigger picture is that the whole reason for the lawsuit is for too many years mental patients have been treated horribly and the overcrowding was so bad people were dying. And because of the lawsuit many of us are seeing some type of benefit. And the loved ones inside are hopefully getting better treatment. And 6 months or whatever it ends up being is still him home sooner if no one stepped in to fight for this.
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Old 01-28-2015, 11:32 PM
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He's at North Kern State Prison right now. I understand that's when the order started but because he hadn't received his severity status until last week it didn't apply to him. I feel that that 2 for 1 credits should've started the day they determined he's minimum custody but he told me it starts once he's at the new location but we'll see. It would've been if the order was retroactive and go back to Jan for him but it's not.
There was nothing in the order that said they have to get out of reception to get 1/3 time, so you are correct- he should get it as soon as he is classified. I think these people just make up the rules as they go along. Hopefully enough people will complain and they will go back and adjust the release dates
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Old 01-29-2015, 06:28 AM
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There was nothing in the order that said they have to get out of reception to get 1/3 time, so you are correct- he should get it as soon as he is classified. I think these people just make up the rules as they go along. Hopefully enough people will complain and they will go back and adjust the release dates
Thank you I thought I was only one who seen it that way. He wasn't even given an updated release date and he told me he wouldn't get that until he got to his next location. Hopefully they do take into consideration the date he was classified and adjust from there. Either way he has less than 60 days left so I'm excited.
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Old 01-29-2015, 05:41 PM
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I know. I'm sorry. After I posted I realized if it were me I would probably cry or puke also. With all these changes I am hopeful but know I can't get my hopes up to high. You're not the first one to read it that way. But hey. Keep remembering the bigger picture is that the whole reason for the lawsuit is for too many years mental patients have been treated horribly and the overcrowding was so bad people were dying. And because of the lawsuit many of us are seeing some type of benefit. And the loved ones inside are hopefully getting better treatment. And 6 months or whatever it ends up being is still him home sooner if no one stepped in to fight for this.
You're right about the bigger picture and for those folks, I am grateful. It's just another of many disappointments endured - and we're not the only ones, I know. And if it means he comes home one day sooner then that's what it will be. There have been so many times I've told myself not to get my hopes up too high, but how can you not have hope - it's a double edged sword. Anyhow, don't know how I would get through any of this but for the kindness and compassion of those of you here. So thank you from the bottom of my heart. Good luck to all of us. xo
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  #73  
Old 04-16-2015, 01:45 PM
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Default CA increased 2-1 credits..need advice please.

Hi fellow PT'ers.....

My Brother plead no contest to a Felony charge of 245 (a) (1), under threat of life in prison. He was sentenced to 4 years at 50%. I wish I could fill in the details of what happened to he and I in the court system, but I'm worried about retaliation from our local District Attorney and the local judges. With that said....

June 26, 2013 Arrested
August 25, 2014 Signed Plea, given 426 days actual custody credit, 426 good time credit of 426 for 852 days credit.
Sept 17, 2014 Picked up from County Jail, sent to Wasco Reception
Dec. 12, 2014 Transferred to Facility "C" CHINO, CA

After doing all the CDCR worksheets, I too came up with June 26th as his EPRD. Since the "prospectively Applied" 2-1 credits was to be implemented as of Jan 1, 2015, his new EPRD as yet to be recognized or calculated by his counselor. His underlying "crime" 245 (a) (1) was a wobbler, yet charged as a Felony.

So....I believe he should qualify for the 2-1 credits.

Per original calculations...on Jan. 1, 2015, he had 352 actual days left on his 4 year sentence and at 50%....176 days, which would have been June 26, 2015 would be his Earliest possible Release date.

Now....since the 2-1 was to be applied Prospectively from 1/1/15...

Is this correct? 352/3= 117 days.

Jan 1, 2015 plus 117 days= April 29, 2015. Yet, his counselor said he "doesn't think" my Brother qualifies for the increased credits. Does anybody else have a similar situation to date? This is my Brother's first Felony charge and he's 53 and works at Chino in the kitchen.

(The "crime" was Assault with a deadly weapon other than a Gun).

Any input is greatly appreciated, as always. Thank you!!

Last edited by poolside; 04-16-2015 at 01:47 PM.. Reason: changed August 2015 to 2014
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Old 04-16-2015, 11:52 PM
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Originally Posted by poolside View Post
Hi fellow PT'ers.....

My Brother plead no contest to a Felony charge of 245 (a) (1), under threat of life in prison. He was sentenced to 4 years at 50%. I wish I could fill in the details of what happened to he and I in the court system, but I'm worried about retaliation from our local District Attorney and the local judges. With that said....

June 26, 2013 Arrested
August 25, 2014 Signed Plea, given 426 days actual custody credit, 426 good time credit of 426 for 852 days credit.
Sept 17, 2014 Picked up from County Jail, sent to Wasco Reception
Dec. 12, 2014 Transferred to Facility "C" CHINO, CA

After doing all the CDCR worksheets, I too came up with June 26th as his EPRD. Since the "prospectively Applied" 2-1 credits was to be implemented as of Jan 1, 2015, his new EPRD as yet to be recognized or calculated by his counselor. His underlying "crime" 245 (a) (1) was a wobbler, yet charged as a Felony.

So....I believe he should qualify for the 2-1 credits.

Per original calculations...on Jan. 1, 2015, he had 352 actual days left on his 4 year sentence and at 50%....176 days, which would have been June 26, 2015 would be his Earliest possible Release date.

Now....since the 2-1 was to be applied Prospectively from 1/1/15...

Is this correct? 352/3= 117 days.

Jan 1, 2015 plus 117 days= April 29, 2015. Yet, his counselor said he "doesn't think" my Brother qualifies for the increased credits. Does anybody else have a similar situation to date? This is my Brother's first Felony charge and he's 53 and works at Chino in the kitchen.

(The "crime" was Assault with a deadly weapon other than a Gun).

Any input is greatly appreciated, as always. Thank you!!
245 (a) 1 is a violent felony and since it adds 19 to the classification score it would be impossible for him to qualify for 2-1 credits. To qualify you have to be doing half time AND be classified as a minimum security lvl1 inmate. Depending on what other factors there are that would affect his score, he will probably be lvl 2 or 3 - but if he doesn't get in trouble his points will drop some after a year. http://www.prisonlaw.com/pdfs/Classi...ch,Oct2012.pdf
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Old 05-12-2015, 11:09 PM
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Ok Ive read through all these posts and Im still not sure if my husband qualifies. He is serving 4 years at 80%. He has 2 strikes and he is in for 2nd degree burglary and possession of stolen property. So does his 80% go down to 66.7%?
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