Families of Prisoners Support Group
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So, My boyfriend and I have been doing this since April 2014. They gave him a 4 year sentence. I have been checking his status every month to verify he is getting the 5 day credits. He was up until recently. I checked today and they added 3 months to his time. It did say August 20 and it now say 11/03/17. Also, The facility that they have him at on the web is another facility. I called and they said he is still at the prison that he has been at since they transferred him. I am now wondering if something happened. Can they give you more time for an incident inside? So confused. I talked to him last night twice and he seemed to be fine... ugh! Please help??
Nobody, not the DOC or anyone, can change the nature of his sentence, i.e, the terms and the length except a judge.
It sounds as if your guy received a misconduct of some kind there in prison. It might have been having contraband, fighting, being late for count, not showing up for work, or a thousand other things; but something like that has happened.
With a misconduct they always take some good time credits and drop the inmate down a notch on his level rating. Reducing his rating from level 4 to level one would stop the five days a month he received as good time credits for good behavior and the release being pushed back from August to November is because he lost some of the good time credits he had already gained. A Class A misconduct or a Class X misconduct can result in them taking away 360 days of good time credit which has already been earned.
Let me explain it to you using my situation as an example. I was convicted in 1992 and given a 20 year sentence. If I never received one day of good time credit by never working and getting into a fight every day, they could not keep me past the year 2012, which was 20 years from the date of my conviction.
But I knew if I never got a misconduct or write up, I would be out in eight years, which would be April 2000. The good time credits I would have received along with my good work record would have allowed me to be out in April 2000, which is what happened.
But if I had received a misconduct, then my release date of April 2000 would have been pushed back and I would not have been home until the fall of 2000 or even later, since they would have take some good time credits from me.
The actual length of my sentence never changed, but the prison system basically said, "REW, if you maintain good conduct and hold a job, we will let you out in April 2000. But if you get a misconduct, you will lose some of your good time and your release will be delayed.
That is probably what has happened to your guy. His release date is delayed because of a misconduct or something similar.
BUT, BUT, BUT, here is some good news. In many prison situations, once a guy is within six months or so of his release date, he can petition and ask the prison system to give back the good time credits which were lost; if those credits would allow the inmate to be released early, the prison almost always restores them.
I did a lot of filing these request for inmates when I worked in the law library. So when he is close to his release date of November, sometime around the spring of 2017, tell your guy to apply for those lost credits. If it will discharge him, they will probably give them back.
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I freaked out one day too, thinking they had moved him and I hadn't known there was a chance of that. This prison, is very close to him, and it's also where they bring them if they are real sick. It has a medical unit that they can be cared for in it. So I was scared to death, thinking that he had gotten hurt or sick, and they hadn't told me, of course, just like when he had a heart attack in prison a few years ago.
Then I looked up another guy in the place he is in. Same thing. Didn't list the right place, because it's a treatment place. Listed this other prison. I can't get any other explanation out of anyone WHY it is that way.
I was up all night scared, thinking the worst, then he called in the morning and explained it can't be listed, for privacy reasons because being in treatment makes it not possible because of HIPPA laws, they can't say where they are. Confusing, right? Especially since people can look up their criminal record and almost anything else you want to know nowadays.
Don't worry, it may not be anything big. I find that when I freak out the most, I get all kinds of crazy thoughts in my head, and I find out later it is nothing.