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Living with 290

Living with 290: Mundane Purity

I titled this story “Mundane Purity” because I thought it was a catchy title and may grab someone’s attention.

I met a woman when I was in the Marine Corps in 1998 and married her 3 months later. She had two children I raised as my own and we were blessed with a 3rd child that was born in January of 2000. I’m not going to bore you with the details of our marriage but I’ll try and make a long story short and get to the point.

I hired out with a major railroad (one of the largest in the country) and quickly promoted to locomotive engineer in 2004. In 2007 I was injured on the job and sued the company. In 2010 I settled out of court and was pretty much supposed to take the money earned in the settlement and live the rest of my life. After receiving the settlement I noticed a tremendous change in my wife. She frequented casinos and was disappearing for several days at a time without telling me anything. I was completely frustrated because I had got another job and no one was there to help me watch my children. Please, before anyone labels me a sexist, we had an agreement that I make the money and she watch the kids and keep the house. This was in an effort consistent with our beliefs that no one loves your children like you do and she wanted to do it.

Fast forward less than 6 months after receiving the settlement I had had it with the “I’m leaving, not saying a word, and showing up 3 to 4 days later.” I tracked her to a house in SoCal and found some 15 year old kid driving my Nissan GTR. I went in to the garage where I found her with 5 to 7 guys. I got the picture real quick. To my dismay my wife had been cheating on me. I could go into great detail but a long story really really short I ended up getting several charges that night to and including one that labeled me as a sex offender for life.

My charges were against my wife who is older than me by 3 months and we were 32 at the time. 2 1/2 years later, 2013, I’m out of prison and I meet my parole officer. Nice guy. We went over my parole conditions thoroughly. I was told my parole was to be for a period of 3 years with 5 being the maximum if I screwed up or did something I wasn’t supposed to do. I signed the conditions just as I did a few days before I was released from prison. He explained to me that if I kept my nose clean I would be off parole in 3 years (2016). I’ve complied with everything they’ve asked, several unreasonable conditions in my opinion. I’ve never violated. I was told by my new parole officer that I need to go sign my new parole conditions. I did, thought it wouldn’t be a big deal.

However, I noticed when I signed it was a lot less restrictive than it previously was. I no longer had a curfew! Yay!! In addition, upon further review, I noticed the parole officer had marked that I had to do 5 years of parole instead of 3. I immediately brought this to her attention as anyone would that cares anything about themselves would. She told me she would address that then and there and it was probably just a clerical error because she had redone so many parolee’s conditions that morning no big deal. She disappeared behind the “door”. I sat and waited patiently without giving it much thought. The “door” opens approximately 5-7 minutes later and she tells me, “I don’t know how to tell you this but you got 10 years of parole.” I was floored. How could this be? Then she went back behind the “door” and emerged a few minutes later and spout out basically “Jessica’s Law” to me that states if you were convicted or plead between these dates you get this amount of time on parole so on and so forth. My issue is this: 10 years of parole is ridiculous!!! I signed for 3 years NOT 10!!

I’ve asked other parolees (I’m sure everyone on parole in California is familiar with the joke called Sharper Future) about the situation I’m in and if there is any relief anywhere. Everyone seems to know that they have heard of many people’s parole being extended but they don’t seem to know of anyone in specific. Also, everyone seems to know that they lawyered up and are getting their parole put back to where it was. I’ve dug into this myself. Every lawyer in my county is a criminal defense attorney and none of them are interested on taking on parole. They don’t do it period. It’s a special kind of attorney that takes on parole and they just don’t seem to have that kind where I am from.

The question I pose to you is this: Is anyone in my shoes? If so, what are you doing about it? Have you had any success with anything? I’m in the appeals process right now (which, of course you know is just plain silly). Did you get a lawyer? If so, who? Can anybody help me please???? I would like to go back to being a productive member of society but these restrictions accompanied by this VCR on my leg keep me from doing anything somewhat productive.

HELP, I’m begging you! My respects to everyone and if there is anything I can help you with hit me up.

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  1. NotLikingCalifornia

    Well I’d start with figuring out if she is correct. 10 year parole is fairly limited. Does your case meet these requirements:
    People convicted of a violent sex crime listed in Penal Code § 667.5 (c)(3)-(6),
    (11), (15), (16), or (18) committed between September 20, 2006, and November 6,
    2006. This provision also applies to people convicted of a violent sex crime listed
    in Penal Code § 667.5 (c)(3)-(6), (11), or (18) committed on or after September 9,
    2010, and who do not fall into some other category.

  2. Guest

    what @notliking said.

    here is more information

    http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf

    #16 – How long is a Person on Parole, page 27

    should be a good place to start. also

    B. Can a person get off parole early, page 30

  3. Anonymous

    Remember, your parole agent barely knows anymore that you do. They don’t set your parole term, and most won’t help you figure it out anyway. Best thing to do is to send a 22 form to Sacramento (that Parole manual that was linked should help you in this regard).

    Regarding Parole length however, that manual is very outdated. Rules for parole length has changed regarding sex offenders, although it’s hard to say what the rules actually are now, since Title 15 does not give any mandatory term. It used to be mandatory 5 years for sex offenders, now it seems it’s up to CDCR to decide. But as for what criteria they use to determine your parole length, it’s almost impossible to tell.

    When I got out of prison, I had a 5 year max parole length. 8 months later at my first containment meeting, I find out it was changed to 3 year max. Was never told this before, have no idea when it was actually changed. This happened to a few other I know at Sharper Future. Also, not only has the parole length changed, but also custody level. Used to be mandatory high-control parole for SO’s. Already, two people I know from sharper future (with violent sex crimes) have gotten their custody level reduced to mid-control.

  4. USA

    Well, I’m a little confused. Your story doesn’t ad up. Marine/Engineer/win a settlement? How would finding your now ex wife with multiple men result in your being required to register? Your leaving something out. You went on to portray yourself as a great guy and then?

    • steve

      USA:

      He’s not here to justify anything to you. Maybe he doesn’t want to give us the details. I don’t need them. He’s here for help to find an answer to a question. Back off.

  5. USA

    Steve, you don’t control the site. If he doesn’t want it known, don’t mention it! I’m asking for clarification. Duh

    • wonderin

      As I see it USA you have every right to wonder why Mundane wouldn’t just lead his question with: My charges were against my wife who is older than me….
      Why babble on about his history for four paragraphs if it wasn’t germane to his post?
      Was it an attempt to explain his sentence and the length of his parole…. or an attempt to justify his behavior….who knows?

  6. USA

    Correct/thank you. He was very detailed about everything. Then, he sees a 15 year old driving his car and he confronts 5-7 guys in a garage with his wife? So, how did he become a registered citizen with 5-7 guys present and a 15 year old driving his car? How did he know the age of the driver? Was it 5 or 7 guys? Men? Kids? Whose house? How did he find her? The story doesn’t make sense/sorry.

    • steve

      Ahh..The conspiracy theorists.. I see it now..I’m just going to come on to a sex offender site make up some story and not give all the gory details to get a few panties in a bunch. Bottom line he just wants info on how to deal with a parole issue. Did you ever think he’s not comfortable sharing probably the worst decision he ever made in his life? Whatever that was. This is stupid.

  7. USA

    Steve, everyone is entitled to ask questions. Perhaps I was inquiring to clarify a few issues? As noted, he was very descriptive with his introduction. Furthermore, everyone is entitled to their opinion. People are beginning to become very defensive whenever someone asks for clarification. I might recommend becoming more proactive, rather than reactive/although that’s just my opinion. Best of luck.

    • Mundane Purity

      I’ve responded with the rest of my story. I do hope they post it and that satisfies all of your curiosity questions and fills any gaps. If not let me know. I’ll explain the best I can regardless of how relevant I feel it is to my question. Enjoy

      *** it went into the spam folder. now posted. Moderator ***

  8. Mundane Purity

    First I wanted to thank everyone who gave me any kind of advice at all. I am appealing it. Right now the 22 request is in case records. It has been denied once already and I’m certain I will get back the second denial tomorrow. I will then appeal it with a 602 form and climb the ladder appropriately.

    I wanted to address some of the negative feedback I received and explain myself a little bit. I did not come to this site to deny or affirm my charges or how dirty they were. I plead guilty and will leave that where it is. However, in an effort to clarify for “USA” and “wonderin” I will go into detail for you. “Steve” was right. It was the worst day of my life and I went on this site seeking help for my parole length. I will not minimize anything I did that night or blame the victim for anything. I went through the beginning as such, to catch people’s attention and put eyes and hopefully brains on my case. I was able to successfully do that to a degree. I just wanted people to know that I was what I consider to be a normal person and not some jay cat that lives in his mom’s basement, dresses barbies, and dreams of Barney.

    Without further adieu: My wife said she was going to her sister’s house that night and I didn’t believe her. I threw my cell phone in the back of her car and tracked her through a locating plan with my cellular company. She ended up in a town approx. 20 miles away. When I pulled up there was a young man driving my car. I watched him get out and then walk up to a residence where the garage was open. I’m not sure how many men were there. I said between 5 and 7 because there were people coming and going. It was a high trafficked meth house in a very nice neighborhood. My wife was in the garage. I got out and walked into the garage and asked which one of you is _____________ my wife? One man with long hair said he was. I was enraged. I felt I needed time with my wife to confirm that this is what she wanted. We drove back to our city to discuss this in the car I came in. She told me that this was just a phase and that everything would go back to normal soon. So I suggested we go back, get the GTR, and go home. She seemed to think that was a good idea.

    We went back. This is where things got ugly. She told me, once she got there that she wanted to stay with the men and that we were through. To me this was completely unacceptable, degrading, and humiliating. I started swinging. I don’t recall how many people I hit and it’s not in the report. By the time the cops got there most of the people there had left I assume. My wife was one of the people I hit. After the outburst of violence was over I asked my wife if she wanted to go with me to discuss this further. She had a black eye and a busted lip at the time. She agreed and we went for a drive. I was still in a fit of rage. She told me that she was sorry and that she still wanted to be with me. I was over it. She started to orally copulate me and I told her to stop. Then she suggested we pull over and have sex. I assume this was to smooth things over because I would be calm by tomorrow and everything would be ok. I agreed. We did our business out in the sticks somewhere in an unincorporated area. Upon completion I walked to the back of the car to urinate. She came back to where I was and told me she loved me. I then walked to the driver seat and got in. When I got there she wasn’t in the car. I started looking for her. I didn’t find her. I started the car in hopes she would hear me and drove real slow looking for her everywhere. Then I looked up and saw red and blue lights. It was the cops. They ordered me out of my vehicle and took me to the sheriff’s sub station. I thought I was going to get a spousal charge against me. A detective said he wanted to ask me some questions but before he did this woman came in and did a full on rape kit on me. I was shocked. Then the detective asks me when she was done with the rape kit how much I had to drink that night. I asked for an attorney and shut my mouth. Later that night I was taken to jail.

    When I was sitting in jail I was issued a restraining order telling me I had to basically have no contact with my wife and do not try to either. My attorney told me I had a maximum exposure of 34 years. I was initially charged with Kidnapping, Battery, Sexual Battery, Vaginal Sex, Anal Sex, and Oral Sex. They dropped those charges 2 or 3 days later (can’t remember) and released me. Upon my release I was rearrested with the charges Holding a Person Against Their Will, Corporal Injury to Spouse, and all the sex charges remained.

    I debated with my court appointed attorney about what I should do. Of course all he’s thinking is deal, deal, deal. He told me if they came at me with 8 years how would that make me feel? I told him I would plea to Corporal Injury to Spouse and that was it. If the sentence was 8 years for that then that’s what I did. He told me they wanted me to plea to one of the four sex charges and I would be given only 3 years with 85%. That would mean for me I would have a chance at getting my daughter back. I took the deal. I plead to Corp Injury to Spouse and Forced Oral.

    I’m not blaming my victim for anything or trying to minimize anything I did that night. I was wrong. Completely and totally wrong. I wish I had a rewind button. I’m not making up excuses to justify my actions. They were justified to me that night and what a messed up sense of anything I had that night! I can’t fix it. I can’t rewind it. I live in the now, not the then.

    I now have custody of my daughter. My wife had been in and out of jail several times since my incarceration due to crystal meth.

    I’m fully aware of the time lines that state how long parole is. After Sept. of 2010 your parole length is 10 years if you have one of the crimes meets the criteria. Mine does and my crime was committed in Nov. of 2010.

    My debate is that I did not sign for 10 years I signed for 3. This is ex post facto law which is ridiculous to me. It’s ridiculous because this extra 7 years is punitive in nature and not serving the interest of the people or the state.

    I was a great guy: I love apple pie, my mother (a high school English and
    Spanish teacher), my father ( a retired police chief). I played football, worked great jobs, and tried to make something great of myself so I could be a good example to my children. I failed miserably with that one night. Then, I blamed it on rage. Now, I blame myself with no excuses. My story obviously differs from hers but thanks to Sharper Future I have passed my polys. Doesn’t matter.

    I just wanted to hear that someone’s parole was extended and they were able to correct the issue. This is what I got. I’m still thankful for the good advice people gave me. I’m sorry if it appeared if I was trying to be deceitful in any way. Hell, I’ve already been to prison. I just thought I might spare people my nightmarish story and get to my question. I guess I could have just said I’m a 290 and here’s my question but I figured people want a little more since they pour their souls out on this site. There it is, my soul is poured out. If you have any further questions, ask. If you want to prosecute me, I’ve already been there and done that.

    • wonderin

      Thanks for all your effort to complete your story, Mundane Purity. I assumed the (rest of the story) went something like that and having been in a similar situation I understand exactly.
      I only wanted to support USA because I understood his dilemma when you seemed to want to complete your difficult situation but stopped suddenly.
      Good luck to you in receiving the kind of love and life you obviously deserve.

    • steve

      Sorry to hear all of this and sorry you had to rehash it.

    • NotLikingCalifornia

      As far as I know, you don’t sign a deal for parole length. Parole length is governed by statute. If anything, you might be able to claim that the plea should be invalidated, but then you’re right back to where you were a few years ago.

      I’m not a lawyer, but that’s been my understanding.

    • KangaroOCourt

      Your witness ..usz, usak, usuk..Ooo whatever you call youself.
      Maybe uaz ..an apology put forth is in order to Mundane Purity.
      ….witness is excused.

  9. MK

    Mundane.
    My husband had the same exact thing happen.
    We both heard the judge say, 6 yrs prison, 3 yrs parole.
    Once he completed 85% of his sentence, he was paroled.
    Hid paperwork didnt have an outdate listed. It simply said, until discharge.
    The parole agent he originally had said he had 5 yrs parole. This would have made him over with cdcr next yr in Nove 2016.
    At the end of August he was told ………sorry buddy. Its now 10 yrs parole which makes it 2021. 2021!!!!!!!!!!!
    I was planning on retiring and hub was planning on moving back home (I currently live too close to a school/park)
    Im in such a depressed state over this. We dont know what, if anything we can do.
    I hate all of this so much.
    His date of offense falls between the dates listed in the statute.
    This is all so crappy.

    • Timmr

      So, a broader slew of questions come to mind and maybe someone can answer: when did judges lose the authority to define sentencing and the legislature take over the task? Have legislatures been given an exemption to the separation of powers and can come up with laws increasing an individuals debt to society without any new criminal activity by the once convicted? I am confused, is this not ex post facto punishment, is this not what is going on; and if so, who deemed it Constitutional?
      A question no one can rightly answer, where is the one child that was saved by this?

    • KangaroOCourt

      @mk..I would write to clerk superior court requesting copy of that day transcript and go from there..
      Maybe also request a copy of the judge’s clerk transcript record for that particular day..
      That’s what I’d do.

      • mk

        I have no idea who is the *decider*
        One would think the judge was.
        But as I understand it its is CDCR
        He plead on the same day jessicas law was voted into effect.
        But who knows. that statute gives dates, which I have no idea if it has any bearing at all.
        During the whole thing……..the victim could not remember a date fo one charge ( he plead to two)
        Almost wish he went to trial.
        No matter now.
        I dont have the money to investigate much.
        I did get a printout from the courthouse on what he was sentenced to.
        It did not say anything about parole. Only what he rec’d as his time to serve.
        I would have to try to get a printout of everything that was said I’d guess and that would be quite costly.
        Not even sure it would do any good. Probably still be 10 yrs, or worse.

        • Jojo

          You can buy a certified court transcript from the court reporter. Mine was under $50. You look at the print-out you have now to see his/her name listed for the sentencing hearing date, then locate his/her contact information from the court, and leave a message with the case number, date, name and court. S/he calls back about when and where to meet (usually at some court) and how much to bring in cash. Don’t be surprised if there are some errors.

    • Mundane Purity

      It’s very unfortunate for you and your husband. I’m terribly sorry to hear this. Here’s where I’m at now: I’ve exhausted my appeals through the 602 process as instructed by a certain attorney whose opinion is very valued on this site. I was told when my appeals process was exhausted I would get further assistance from her. I’m also going to contact the ACLU. I know some attorney somewhere will help because this is huge. It has affected (not sure if it’s affected or effected) so many parolee’s, their families, and other loved one’s lives. I’m going to keep hunting. I’m in Riverside County. I’v been told it extended many parolee’s parole terms here by my own parole officer. While she appears to be sympathetic there is absolutely nothing she can do. I was told on my final appeal word for word by P. Balderas, Parole Coordinator, South Parole Region: “Your appeal has been cancelled pursuant to the California Code of Regulations, Title 15, Section (CCR) 3084.6(c)(1). The action or decision being appealed is not within the jurisdiction of the department. – You are attempting to appeal Penal Code Section 3000 (a) (1) (b) (2), a State of California law that defines the date and type of commitment offense(s) that governs parole periods. Your only remedy to overturn a law is through the legislature or the courts. You are appealing a matter outside the jurisdiction of CDCR.”

      I don’t know which attorney will help me but this Jessica’s Law that went retroactive affected many 290’s on parole. Maybe there is attorney that would start a class action with regard to everyone whose parole date changed. I don’t know what can be done if anything. One attorney suggested I take my case back to trial. The parolee’s that had their time extended is because of Ex Post Facto Law, stemming from Jessica’s Law. Ex Post Facto Law is only supposed to be able to affect someone if whatever goes retroactive is non-punitive in nature. I’m sorry. I know it’s not quite prison but extending someone’s parole for 7 &%#$% years is definitely punitive in nature.

      I did my time in prison. I’ve done my time on parole and I’ve had enough and I’m completely fed up and frustrated. Ankle monitor for another 7 years!!! Not happening, I’m not taking it laying down. There must be someone with the legal know-how that can do something.

      I understand if you sign your deal, and your terms are spelled out in the beginning, you get what you sign for. This is not the case for me and many other parolees. Parole is too much for me to deal with. Sharper Future is too much to deal with. Lie detectors, too much to deal with. Containment meetings, too much to deal with. Missing work for parole matters, too much to deal with. For all the critics that say, “If you can’t do the time, don’t do the crime.” Walk in my shoes. I did what was asked and do not want to do anymore. I’ve had enough. This is ridiculous.

      I will keep everyone up to date on my fight. If I find out anything I will surely pass it along. Sorry it took so long to get back. I look forward to see where this thing is gonna go. Thank everyone listening to me vent and putting up with it.

      I know this, I get a lot of solicitations from attorneys who claim they can help 290’s get removed from registration requirements. One of their requirements over the phone is that they be off parole anywhere between 7 and 10 years. 10 years off parole for me would be 2026. Now it’s 2033! This started in 2010 when I was 32. In 2033 I’ll be 54. That is extreme overkill. Best wishes!

      • mike t

        This issue is ripe for a class action lawsuit. I’ve been waiting patiently for one. I don’t have the legal experience or financial backing to start one personally. But, believe this has happened to enough registered citizen by now that if we pooled our resources and stood together we would win.

        I was released from parole last winter. My parole ended up lasting five years. I was sentenced 8/6/2006, prior to Jessica’s Law. My original sentence was 3 yrs. of which I did 30 months with good behavior (80%) and 3yrs. parole. I signed my 3yr. parole condition a couple weeks before I was released from prison in the presence of my counselor.
        After my release, I went to the parole office for my initial meeting or conference with my parole officer to be fitted with GPS and review my parole conditions which were the same as the one I signed in prison with the exception that my parole term had been scratched out and re-written to 5-7 years. I pointed this out and was quite frankly told “Sign ze papers, or go back to prison!” (duress).

        Similar to MK I recall the sentence in court being 3/3. I also have both the conditions from prison and the parole office in my folder showing the discrepancy. I imagine this has affected a few thousand people at this point. Aside from being punitive, I would call it mental torture along with a list of other psycho related conditions this imposes on a person who is trying to make amends and play by the rules.

        I paid a lawyer who sent one of those mimeographed letter/petition by mail to look into this shortly after release. He took my money and did nothing. To all those out their reading this, be careful of those sharks who are sending you mail that say they can help you. It was an expensive lesson.

        I believe that if enough registrants contact the ACLU it would have to begin an investigation into the practice. Not just the adding more Parole time onto your sentence, but making you adhere to restrictions that clearly had nothing to do with your original offense. The restrictions should be carefully tailored and not hap hazardously thrown at you just because they’re too lazy to read your initial criminal report.

        I’m very sorry to hear what you are going through and believe that at some point these human right issues are going to be addressed. This website is the place I feel confidant will have the greatest impact as it gives us a place to share our issues, ideas, and concerns. I’ve been following this grassroots website since it’s inception and have seen many great things happen since 2011. The wheels are in motion, but were still in first gear. It will take time. Hang in there and keep us posted. We look forward to hearing your progress.

  10. Mundane Purity

    I finally got ahold of a certain attorney who said she would help me. According to her she no longer can due to other legal obligations. I understand. She referred me to Chance Oberstein. I’ve been trying to get something going for months to no avail. I no longer know what to do if this guy cannot help. I still have fight in me but no legal know-how. I’ve completely exhausted my appeals. Good luck everybody and I hope some of you are about it and not just talk.

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