there was a another question about this sort of thing before and Rew explained what he knew about the "time" served and the good behavior thing. hopefully he will chime in on this because i don't want to misquote him!

i am still a little confused too tho. judge said my daughters sentence was 9yrs, PD said that was because of time already served and possible good behavior already factored in. that they don't give any extra time off for future good behavior in fed prison. but her BOP page says 10yrs. she just mailed me a paper she received that says her sentence is 151 months, 10.58yrs. they sure don't make any of this crap easy to understand!!

I'm so sorry to hear that, Heartbroken. I wish i had something to say to help you feel better. But I don't understand this either. So sorry. {{Hugs}}

Heartbroken,

I think you and your son are misunderstanding this document the DOC gave him.

Here is what happens-----When someone is sentenced, the judge sentences them to "x" amount of years. They are then turned over to the DOC and the DOC---and state statutes----determine how much time the inmate serves on the sentence the judge handed down.

Your son originally received a seven year sentence? Is that correct? That is his maximum out date. He should still get some good time credits for good behavior and taking programs, which will shorten that seven years.

This paper had to show a seven year out date because they have no way of determining how much good time your son will accrue while in prison. They have no way of knowing when he will actually be released, so they state the seven year release date.

For example, when I first went in in 1992, I received a sheet from my case manager that said my discharge date was 2012, which would be correct if I
never received any good time credits for programs or good behavior.

But I did receive good time credits, which allowed me to serve my 20 year sentence in eight years.

The only exception to this is that the DOC does not allow good time credits for some crimes, or they allow a big reduction in good time credits. In Oklahoma, an inmate serving time for drug trafficking served almost his entire sentence, as he was only eligible for a fraction of the good time credits that regular inmates were. Sex offenders, bank robbers, murderers, etc., all received the same amount of good time credits.

I had a rape charge and I received the same amount of good time as a murderer. But at the time, the Oklahoma legislature really was on a kick to keep drug traffickers in prison for most of their allotted sentence.

I am sure your son received a piece of paper that mentioned his out date seven years in the future, but that did not include any good time credits he will earn.

The only way that seven years could be accurate would be if his crime was one of those crimes in Louisiana which received no good time, which is very unlikely.

rewdiazepam

@Echo,

Echo,

Yes, Kelly did send you a page that said her sentence is 151 months, but she gets approximately 54 days a year for ever year she serves as long as she maintains good conduct. Actually I think the way BOP figures it, it closed to 47 days a year.

But her the amount of time the judge sentenced her to was 151 months, not 10 years and not 9 years as the PD said.

But she spent some time in the county jail, after she was sentence which she will get credit for and it will be deducted from that 151 months. But her basic sentence was 151 months, so she really was sentenced to about 12.5 years.

Eighty five percent of 12.5 years is about 10.6 years, which is what they BOP has calculated.

A federal inmates serves 85% of his or her time. Eighty-five percent of 365 day is 310 days. Subtract 310 days from 365 days and you get 55 days good time a year, which is very close to the 54 days always quoted.

If Kelly received 151 months, then she should serve 128 months if she maintains good conduct. 151 x 85% = 128 month.

But from that 128 months, you can deduct the time she spent in the county jail after sentencing. I don't remember exactly how long that was, but if it was eight months, then her sentence should be 120 months, which is the amount of time she will served if she maintains good behavior.

The problem with all these calculations is that the PD or anyone else did not use the 151 months as her sentence. The PD said one thing and I have hear others say something else.

She was sentenced to 151 months. Her sentence will be 151 months x 85% minus the time she will get credit for being in the county jail after sentencing.

That is exactly how much time she will serve.

rewdiazepam

Here is a link that will go more into detail, but unless I overlooked something, I think my figures are pretty accurate.

http://tinyurl.com/pesl657

rewdiazepam

thanks rew... silly i know but some how i keep hoping that her time will be shorter! ~sigh~

Thanks everyone! And Rew, thank you so so much!

If it is federal, they do a release date with all the "good time" calculated. You can see it on this web site: http://www.bop.gov/inmateloc/. You just put in the name or number of the inmate and it shows the release date. I did this for a number of guys that were incarcerated with my husband since no one really tells them what their release date is.

Catspaw is correct. I did it the long way to show how it is calculated.

Kelly got 151 months. 151 months X 85% = 128 months to be served.

128 months divided by 12 is 10.66 years to serve, which is very close to what the BOP says, which is 10.58 years.

rewdiazepam

yeah that's what i calculated too. she'll be 34 1/2 and i will have just turned 70. that is if i'm still above ground and with some brains cells still functioning and intact!.

Echo,

For some reason I think that you are a pretty tough old gal. I think you will still be around.

rewdiazepam

LOL

This whole ordeal will kill brain cells soooo you won't be alone (( ))

speaking of old? just realized that i mistyped my daughter's age. she will be 44 1/2 when she gets out.

and yeah, in the past 2 1/2 yrs i have caught this strange burning smell once in a while.i figured that it's my brain cells sizzling, frizzling, frying and short circuiting out. poor little things don't even flash at the end any more!

EchoMoon, we need to be here for them because they need us when they get out.