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Lovemylove1 · #1 06-27-2012, 01:43 AM

My husband violated his probation by having a dirty test. His probation was revolked and they gave him the MAX time which is 3 years in prison.

My question is..........will he be given parole when he gets out? When he originally was given probation it was 1 year in county 1 year in sober living home with a total of 3 years TOTAL on probation.

I just recently moved to sacramento and his probation was in kern county, if they do give him parole will he have to do it in kern county or can they transfer him here to sacramento???

Please HELP!!!!!

LOST!

2sleepy · #2 06-27-2012, 09:45 AM

he will get credit for his county jail time, but I'm not sure about the time in sober living- I know they get credit for time in a drug program... If he is eligible to do his time in the county jail parole is not automatically added to his sentence- BUT since his original sentence was prior to 10/1/2011 I'm not sure if that will apply. If he gets parole it will be under county supervision, that will make it easier for him to transfer to where you live. I think your best bet is to call his public defender and get some answers to these questions, he should have all the information that you are seeking about credits and parole term.

Lovemylove1 · #3 06-27-2012, 02:46 PM

Thanks for the help.
Still kinda mixed up on the parole tho. I think he may be considered a HIGH RISK because he did get convicted of a few things back in 81 and did 22 years. NOW THIS UGGGGHHHH

. But my question is if he MAX out with his probation why would they give him parole??

2sleepy · #4 06-27-2012, 04:40 PM

I don't know, but Gryphon will probably see this and respond. Gryphon is an attorney and knows alll this stuff. I'm pretty sure he/she will respond to your questions

Gryphon · #5 06-27-2012, 07:40 PM

Quote:

Originally Posted by Lovemylove1

My husband violated his probation by having a dirty test. His probation was revolked and they gave him the MAX time which is 3 years in prison.

My question is..........will he be given parole when he gets out? When he originally was given probation it was 1 year in county 1 year in sober living home with a total of 3 years TOTAL on probation.

I just recently moved to sacramento and his probation was in kern county, if they do give him parole will he have to do it in kern county or can they transfer him here to sacramento???

Please HELP!!!!!

LOST!

What was the crime. He may not be leaving the county jail, and he may be on PRCS by the probation department rather than parole.
In Oct. '11, many things related to housing and supervision things changed. We are still sorting some of it out.

Lovemylove1 · #6 06-28-2012, 01:24 AM

Quote:

Originally Posted by Gryphon

What was the crime. He may not be leaving the county jail, and he may be on PRCS by the probation department rather than parole.
In Oct. '11, many things related to housing and supervision things changed. We are still sorting some of it out.

The crime was being caught with a controlled substance. He already had 2 strikes but the did a Romero Motion and struck those strikes (thank god)

He does have to go to prison matter~a~fact they should be there any day now to pick him up.

I was told that they would give him parole because he is considered "High Risk" but im pretty sure this person doesnt really know!

Xiu Xiu · #7 06-28-2012, 01:36 AM

It will all depend on his history too, but my husband was also high control with strike and is serving prison time in prison but got PRCS when released. No more parole for him. Good luck. If he gets PRCS also they can discharge after 6 months of no violation. I love that part

Lovemylove1 · #8 06-28-2012, 03:03 AM

Quote:

Originally Posted by Xiu Xiu

It will all depend on his history too, but my husband was also high control with strike and is serving prison time in prison but got PRCS when released. No more parole for him. Good luck. If he gets PRCS also they can discharge after 6 months of no violation. I love that part

Not sure what PRCS is???? When will we find out once he gets out???

Xiu Xiu · #9 06-28-2012, 09:36 AM

PRCS is Post Release Community Supervision, probation. When he sees or saw his counselor they will tell him.

Lovemylove1 · #10 06-28-2012, 07:15 PM

Quote:

Originally Posted by Xiu Xiu

PRCS is Post Release Community Supervision, probation. When he sees or saw his counselor they will tell him.

Thank you guys for all your help!!! Im new to all this but Im so happy that I have someone out there who understands what im going thru and is there for me. PEACE AND LOVE

Xiu Xiu · #11 06-28-2012, 07:40 PM

here is a video that explains it a bit
http://youtu.be/ME60KOiXyXI

and here is the website
http://calrealignment.org/realignment-overview.html

Just in case he does get PRCS then you are up to date.

Lovemylove1 · #12 06-30-2012, 03:24 AM

That youtube video really came in handy. It answered some of my questions. Thanks for the help @Peace and Love@

Gryphon · #13 07-02-2012, 12:40 AM

Quote:

Originally Posted by Lovemylove1

The crime was being caught with a controlled substance. He already had 2 strikes but the did a Romero Motion and struck those strikes (thank god)

He does have to go to prison matter~a~fact they should be there any day now to pick him up.

I was told that they would give him parole because he is considered "High Risk" but im pretty sure this person doesnt really know!

This is actually a murky issue given the current state of the law. There's an argument he shouldn't be housed in CDCR if a strike wasn't part of the sentence.

The issue has to do with CDCR being required where strikes are pled and proven. Since the strikes were dismissed, it is possible that they didn't really do this. The, if pled and proven, but not part of the sentence, maybe that ought to be local housing (no case on it yet).

I predict he'll be PCRS since the current crime is non violent and not a sex crime (both would make him high risk) and he doesn't have a conviction that requires parole.

Lovemylove1 · #14 07-12-2012, 04:29 PM

Quote:

Originally Posted by Gryphon

This is actually a murky issue given the current state of the law. There's an argument he shouldn't be housed in CDCR if a strike wasn't part of the sentence.

The issue has to do with CDCR being required where strikes are pled and proven. Since the strikes were dismissed, it is possible that they didn't really do this. The, if pled and proven, but not part of the sentence, maybe that ought to be local housing (no case on it yet).

I predict he'll be PCRS since the current crime is non violent and not a sex crime (both would make him high risk) and he doesn't have a conviction that requires parole.

Question!! Being that both strikes were given to him during that 1 crime, did they strike both or just one????

Gryphon · #15 07-17-2012, 11:42 PM

Quote:

Originally Posted by Lovemylove1

Question!! Being that both strikes were given to him during that 1 crime, did they strike both or just one????

They both count, but getting them in a single case is something that can be considered by a DA or Judge when deciding to give him 26 to life if he picks up a future felony.