Balance suspended upon completion need help

[JersGirl68]

My husband is in Jess Dunn Correctional Center in Taft, OK. He got 8 yrs for possession of child pornography. He had never been in trouble before and has been in almost 3 years now. He is starting a class for sex offenders and most inmates in his class are getting out after they complete the class ( even the ones who actually did things to children) so he wants me to check into it. It is called Balance Suspended after completion. Does anyone know anything about this or know if it can be done after sentencing. He has taken so many classes and has been a model prisoner. Thanks, Ang

[tommy_d61]

Originally Posted by JersGirl68

My husband is in Jess Dunn Correctional Center in Taft, OK. He got 8 yrs for possession of child pornography. He had never been in trouble before and has been in almost 3 years now. He is starting a class for sex offenders and most inmates in his class are getting out after they complete the class ( even the ones who actually did things to children) so he wants me to check into it. It is called Balance Suspended after completion. Does anyone know anything about this or know if it can be done after sentencing. He has taken so many classes and has been a model prisoner. Thanks, Ang

being very familiar with ODOC policy, i am not aware of such a policy within DOC. it is possible that ODOC can recommend to the court that the balance of his sentence be suspended. the other guys you mentioned in his class may have that stipulation in their judgment and sentence requiring them to complete the program before being released. your husband may or may not have such a stipulation in his judgment and sentence. you can find out by obtaining a copy of his J&S.

[InTheKnow]

In My Humble Opinion (IMHO), your S.O. may need to have his case reviewed by an attorney familiar with the state Post-Conviction procedures. Here's why: child pornography is governed by two statutes. One statute governs "simple" possession, the other governs manufacturing and/or distribution. If your S.O. merely possessed child porn (i.e., downloaded it from the internet or bought a magazine), then the maximum sentence is 5 years. An 8-year sentence for simple possession is an illegal sentence.
If, however, he manufactured it (by taking pictures himself) or distributed it (by using a file-sharing program), then the maximum sentence is 20 years and an 8-year sentence is legal. The situation is very fact-dependent, but you could get a modification if your S.O. received an illegal sentence. You need to have someone look at it.

[Majickgem]

JersGirl68,
Just an FYI.. If his charges are Child Porn, it is considered an 85% crime. Meaning that he will need to serve 85% of his sentence. But of course, as tommy d61 said it all depends on his J&S.. I'd start there.

[InTheKnow]

Whether he has to serve 85% of his sentence depends on the specific statute he was convicted under. One statute, the statute for simple possession, is NOT an 85% crime. The other statute, which addresses the making and distribution of child porn, IS an 85% crime.
Also, if the Judgment and Sentence says something to the effect of 8 years in, 4 years out, then he has received a split sentence. He will serve the in-custody portion, then be on probation for a while. Regardless of which statute he was prosecuted under, he will likely have to register as a sex offender. That is going to be a serious problem when he is released because it will affect where he can work, where he can live, where he can go, etc.
One last thing: any programs mentioned in the Judgment & Sentence are ADVISORY only. They do not bind the Department of Corrections. That is, the sentencing court cannot make the Department of Corrections place an inmate into a specific program or job. It's a separation-of-powers issue.

[irshnrse]

FYI: the original poster created this thread in June 2008.

[FreeZee]

So does the 85% law prohibit any inmates from being eligible for this? My neice was asking me the same question as to whether she is eligible when she completes the Programs at Mabel.

[InTheKnow]

I do not know whether it makes him ineligible for programs. However, I am sure that successful completion of any such program will not remove the 85% requirement from the sentence.