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RonandTed · #1 11-30-2011, 10:51 PM

I have read several posts and I have yet to find answers to my questions First a little background. My bf has 2 charges and the judge sentenced him to 1 year per charge meeting the minimum 2 year TDCJ-ID sentence but they r to run concurrent. I understand some ppl might say thats impossible to get a 1 year sentence but thats what it is on his judgements and all the systems and its not for state jail. Anyways... He went to jail on sept. 13,.2011 and was sentenced on Oct. 13, 2011. The judge gave him back time for a month that he did 2 years ago and a few days he did here and there. The county clerk messed up his judgement packets when they were sent to the county jail twice and then sent the right ones the 3rd time the jail finally sent the corrected ones overnight to tdcj on nov.22 received and signed for on the 23rd. I called them everyday and got them to enter his information and he became state ready today nov.30, 2011. Then the lady in the state ready dept said she has to send it to admissions then sent to parole dept. She advised me that they will forsure mail him a tdcj number to his county jail and and he will PIA because "its a waste of time and money to trnsfer him". Does anyone know how much longer it can take. Somehow I got them to by-pass their 45 day rule and put him in their system but since he has done approximately 4 months he is way past his PED consideing he only had to complete a month and 13 days on a 1 year sentence. Please someone help if you know. Thank u and sorry for the long message.

mallafri · #2 12-01-2011, 05:58 AM

Hi, my BF's in federal so I can't help you but you should try posting in the Texas state forum instead, you'll probably get more help and info there. Good luck!

RobinsMan · #3 12-01-2011, 06:37 AM

It is impossible to have a one year TDC-ID sentence so that will have to be reconciled for me to understand what is going on there. However, whatever is the situation with the sentence, what you describe that you were told by the state ready department sounds exactly like someone who is already past their PRD and so the parole board not only cannot block his release to mandatory supervision, they are in the position of needing to get him processed in then out and then released ASAP. However, the backtime you mention is hardly enough for that to be the case on what, for TDC-ID sentence where someone is eligible for parole or RMS, must legally be a minimum two year sentence ... which brings me back to the one year sentence business.

As far as his PED, that is just a date - or amount of time served - after which it is legal for him to be released on parole. It is not a deadline for TDC but, since it has passed, they would start a review right away.

RonandTed · #4 12-01-2011, 09:23 AM

Thank u robins man, thats very helpful except ima first.timer and I really dont understand what ur saying about parole office blocking his parole?? Or not being able to block his parole what does that mean? I know its confusi.g about the 1 year sentence but thats what his judgements say and thats what the judge ordered. I was at his hearing and the judge specifically said 1 year tdcj and a 1000 fine. He also stated "after serving 1 month and 13 days you are eligible for parole,.and im granting your back time from whatever 2009 to whatever l,.so u r currently eligible for parole" Have a nice day lol

RonandTed · #5 12-01-2011, 10:22 AM

Ok so I just got off the phone with someone in the parole dept. They said his parole eligibility reveiw date is Oct. 22,2011. And his prd (im guessing projected release date??) Is feb. 25th. She said he will be granted release if he is granted and the serve all date is sept. 09,2012. Robinsman I hope this helps u make sense of the 1 year thing because he barely went to jail sept 13th of this year 2011. Now I need help as to weather he will get out on the feb dateif not before... Or what r his chances he wont get put then and have to serve all

RobinsMan · #6 12-01-2011, 12:15 PM

Ok. There are two ways that someone can be released early from prison. Both end up with them under supervision until the end of their sentence, in his case that is 9/9/2012. One way is by parole and, for those that are eligible, the other is by Release to Mandatory Supervision.

In the case of parole, the person becomes eligible for release on their PED and the parole division will review him and vote one way or the other as soon as practicable ("legalese" word, not mine). If someone is in prison for some time before their PED arrives then there is time for them to start and complete a review and get a vote in by the persons PED but in a case such as yours where the PED has already passed then all they can do is review him once they learn about him and vote as soon as they can. Either way, it is completely up to the board vote as to whether he is released on parole or not. If he is denied then they will set a next review date one year from the date of the denial.

In the case of Release to Mandatory Supervision, for those that are eligible (and he apparently is), they will be released on their Projected Release Date unless the parole board votes to block that release. Now, the decision about parole is completely up to the parole boards whim but the bar to block someones short way (Release to Mandatory Supervision) is higher, requiring them to find, upon review, both that the inmates accrued good time is not an accurate reflection of their potential for rehabilitation and that their release would consitute a danger to the public. I don't know if your boyfriend has any criminal background or what the nature of his ofenses are but it seems that, in his case, it might be hard for them to reach that decision and release on his PRD would not be blocked.

However, he must go through that review process. I posted above that he may already be past the point where they can block his PRD. Well, given the dates you posted, he is not. They still have time to give him appropriate notice (60 days), review and vote one way or the other.

Also, I think that the person at the state ready department's statement about it not being worth transporting him to TDC is not going to pan out. At one point not so long ago,even if TDC didn't learn of someone before it was too late to block RMS on their PRD they would have most likely released them directly from county. However, it seems that policy has changed since then. Not long ago someone on PTO's son was well past his PRD before TDC even knew he existed making his release to mandatory supervision mandatory. However, he was still transported to TDC to be proecessed in before being released. When that person called to ask why that was so it was explained to her that, due to errors being made in the past, they no longer released directly from county. Of course, I have no idea what they do in every case so maybe there are exceptions even to that but I think it is worth it to prepare yourself that he might end up transferring to TDC regardless of what the state ready department person was saying.