I would think that the length of parole was determined at sentencing. Do you still have the court order minutes? If not, you can probably request them from your attorney who represented him. My guy is on a 3 year formal "probation" in California, and all paperwork list the date when his probation ends. I don't think it can just be changed without a good reason, like a violation. Maybe someone else has more info on this. Let me know what you find out.

Parole is a period of supervised release AFTER a period of time in prison. The parole is not usually a part of the sentence at sentencing time.

For example, a guy could get a 20 year sentence and be paroled after the tenth year. He will then have 10 years on parole on the outside to do instead of serving his time in prison.

It is generally accepted that parole is after spending time in prison.

Probation is time served INSTEAD--in lieu---of prison.

For example, if I received a 20 year sentence, but 10 years was suspended, I would serve 10 years in prison and spend the last 10 years on the outside on probation.

Parole is approved by a parole board and is not part of the sentence. Probation is designated at sentencing.

Some people escape prison altogether and are sentenced to a period of supervised release. That period, since they never were in prison for any period of time, is called probation, also called paper time.

If your husband served time in prison and was paroled to the streets, he will finish his sentence under the authority of a parole officer. And no, they cannot lengthen his parole.

For example, it he was sentenced to 20 years, but made parole on the twelfth year, that would leave him eight years to do on parole. They cannot extend that eight years to 10 years. He only had a 20 year sentence and if he did 12 years in prison, they cannot change the remainder of his sentence---in this case, eight years--to ten years.. They cannot increase the term or length of the sentence as it was declared by the judge at sentencing.

rewdiazepam

EDIT--

I said, "For example, a guy could get a 20 year sentence and be paroled after the tenth year. He will then have 10 years on parole on the outside to do instead of serving his time in prison."

To clarify the above statement, I meant "for example, a guy could get a 20 year prison sentence and be paroled after the tenth year after serving 10 years in prison. He will then have 10 years on parole on the outside to do instead of serving the remaining 10 years in prison.

They cannot change his original sentence.

rewdiazepam

Thanks Rew. I knew you would be able to explain it. Of course, you are right. Probation is determined at sentencing.

We were told by his PO that the time could change...scares me.

My husband's prison term was 3 years. He was paroled after 18 months. That means he would have 18 months left. He does not...he has 3 years of parole. Respectfully, I don't think your statement is correct.

Rinkydink,

Yes, I understand that his prison term was 3 years. Are you saying he had a 3 year sentence? And only a 3 year sentence?

At sentencing, and on his sentencing papers, was your husband given a 3 year sentence by the judge? Did the judge sentence him to 3 years for his crime?

If so, and he went to prison on a 3 year sentence----and the sentence was for 3 years---and he was paroled after 18 months, then he served 18 months of a 36 month sentence in prison. After he was paroled, since he served 18 months of his 36 month sentence, he would have 18 months left to serve on parole.

You said, ". That means he would have 18 months left. He does not...he has 3 years of parole. Respectfully, I don't think your statement is correct."

If, as you say, he still has 3 years parole after serving 18 months in prison on a 3 year----36 month sentence---something is wrong.

If, as you say, he still has 3 years parole to serve after he has already served 18 months in prison, that would change his sentence from the original 3 years to 54 months. In effect they would have enhanced his sentence from the time of sentencing.

Nobody but a judge can change a person's sentence.

Who is telling you that your husband still has 3 years parole after serving 18 months in prison on a 36 month sentence and then being paroled? Who has told you that? Where did you hear that?

If this is the case as you insist---and his sentence was for 3 years and 3 years only---then the 18 months he served in prison was not even deducted from his sentence since you say he still has 3 years parole.

Are you sure his sentence was a 3 year sentence only, and not a 3 year sentence following by some probation time?

They cannot change the length of his sentence. If he was sentenced to 3 years, then he serves 3 years either in prison or on paper time. They cannot sentence someone to a 3 year sentence and then increase that sentence as you say they are doing.

Ask his PO how his sentence changed from a 3 year sentence to a sentence of 18 months in prison plus 36 months paper time, which would be 18 + 36 or 54 months.

Ask the PO how his sentence changed from the original 3 years---36 months----given to him at sentencing to a 54 month sentence.

Either the PO does not know what he is talking about or is confused or you are confused on the amount of time he originally received by the judge.

rewdiazepam

The court documents state that my husband was sentenced to 3 years with 50% served, followed by a 3 year parole. This is a fact on paper...I am not confused. The PO officer told him that the laws in California have chaned and his parole could be increased to 5 years...it is up to the parole board.

Rinkydink,

I am not saying you do not know what you are talking about and I am not attacking you, but I am trying to help.

In your earlier posts, you said, "My husband's prison term was 3 years. He was paroled after 18 months. That means he would have 18 months left."

This was your exact quote. There was no mention anywhere in your quote that the sentence included 3 years paper time after prison. You only said a "prison term for 3 years."

You didn't mention anything about "with 50% served followed by a 3 year parole." Nowhere did you mention FOLLOWED by 3 years paper time.

Nowhere at all did you mention that his sentence was 3 years in prison FOLLOWED by a 3 year parole period.

So, your husband was not sentenced to 3 years prison; his sentence was not for just 3 years.

Now you are telling me that he was SENTENCED, not to just 3 years only, BUT 3 years PLUS PLUS 3 years parole. There is a big difference. Now you have added the 3 years on the back and you did not mention that the first time.

Now you are telling me that your husband was given a 3 year sentence followed by a 3 year parole period. That is a 6 year sentence, not a 3 year sentence.

This is confusing I know. I am just trying to get all the facts so I can help you. Trust me, I am on your side.

rewdiazepam

I also used to understand it that one we sentenced to, say 10 years in prison. It was then entirely up to the parole board to let the inmate out earlier, with the remainder to be served under strict supervision on parole. 5 yrs prison, 5 yrs parole. Or 7 yrs prison, 3 yrs parole. During the parole period technically the person was still an inmate.

At least nowadays this is no longer the case. There is a period of incarceration, which may be subject to early release, in ADDITION to a parole period.

Ask on the CA RSOL board. I seem to remember moving / increasing parole end dates being discussed, but I am no expert.

Dixon,

You said, " There is a period of incarceration, which may be subject to early release, in ADDITION to a parole period."

That is correct. Her husband had a 3 year prison sentence followed by 3 years paper time. The 3 years parole was in addition to the 3 year prison sentence.

If that amounted to a 6 year sentence, then they cannot keep him under supervision for more than 6 years, the length of his original sentence.

I have no idea how they do it out there now, but I do know that if a person is sentenced to 6 years, he cannot be kept in prison or under supervision longer than 6 years.

Dixon, you mentioned how they do it nowadays. Do you mean that now if a person gets a 3 year prison sentence, that they can make him serve 18 months in prison and then give him so much paper time that it would exceed his original sentence?

rewdiazepam

What I was trying to say is that I was under the impression that parole was in lieu of prison time, a reward for good behavior or this and that or a desire by the system to prepare for a soft landing, if you will, a time in the community - under strict supervision and technically being a prison inmate - adding up to the complete prison sentence. If you do not want parole for whatever reason you serve your entire time in prison and get out and are free and clear.

Someone told me recently that they were sentenced to a prison term PLUS parole (with GPS and the whole enchilada) commencing at the end of physical incarceration - whenever that might be. The parole term being independent of incarceration. That was news to me.

I seem to remember (but I could be mistaken) from the CA RSOL board that some were complaining about their parole end date moving (ahead).

Thank you, Dixon, and interesting.

rewdiazepam

I have a friend he was senteced to 5 yrs with 85% and three years of parole. When he got out his parole agent said 3 yrs of parole just like court order. Then it was raised to 5. He asked why and it was because california laws had changed. Now they changed it to 10 yrs. That would be a sentence of 15 yrs total. What can he do in this aspect. Would he have to get a lawyer or can the public defender that defended his case do something.

The state I live in does things their own way, so it seems. I got 15 years with 5 suspended, my crime was considered non-violent and was my first offense so I did a 3rd of ten years (about 3 years). I am on parole for about 7 years and 5 years over my head but if I fail at my parole and I am sent back they can take some of or all my street or time away and also impose some of my suspended time. That could mean there is a possibility I could do more then 15 years in the end. I think every state has it's own way of doing things. One can say they can't do that but they have in this state and it's up to the person to get attorney to represent them and what attorney wants to represent a SO? Parole board in this state is very hard on SO's they are the ones to decide one's fate for failing at parole.