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Living with 290

Living with 290: Early Discharge from Parole Granted

I wanted to share an experience that might provide everyone a better idea of the current climate in the California CDCR Parole arena. I was just approved for an early discharge from parole and have an appointment to go in tomorrow to have my ankle monitor removed and be officially discharged.

The plea deal I took, for a 288(a) L&L w/child under 14 included a 6 year prison term at 85% and 3 years of parole. When I was released, I was informed that my parole was now 10 years due to changes in the law. I am on Parole in Riverside County, CA.

The 3 year anniversary of my release was April 1st. My Parole Agent recommended me for early discharge, as did his supervisor, a PA-III, and the “DA” … which I only know as “District Attorney” but I suspect may be the title of someone within CDCR? He said he would know in approximately two weeks, however to not get my hopes up, because they’ve not seen anyone approved for an early discharge with my length of parole, only “talk” of it.

Yesterday, he received a status change. The BPH returned my review with an early discharge approved as of May 3rd.

This story should provide HOPE for those under lengthy parole terms and their families. I’ve been continuously employed since my release. I’ve never missed one group session of sex offender therapy. I was open and honest during one on one’s. I was polite and respectful to parole staff and agents. I passed all of my polygraph examinations. I’ve had stable housing. I participated in the process, I didn’t fight it.

I wish everyone the same fortune.

More Living with 290

Join the discussion

  1. Anonymous

    I told the truth to every polygraph question. The machine said I was slightly deceitful.
    Humiliated by clinician in group and sent to the back of the “graduated sanctions” line. F#€ked

    • Will Allen

      Don’t allow people to humiliate you. Only you can allow that. So don’t.

      You should have told the clinician that he/she was an idiot for believing a machine that everyone knows is shit. That is the definition of an idiot. Repeat as often as necessary.

      • Anonymous

        @Will Alen. I didn’t stand for it. I got kicked out. P.O. violated me!. $7k into a lawyer now and the judge wants me in jail. Goodbye Charlie.

        • Will Allen

          Good for you. Harassers never know how to handle strong people. I truly believe that most of these “jobs”, especially probation officers, attract some of the worst, talentless people in humanity. Decent people don’t want to do those jobs. There are some exceptions of course, but few.

          I could see a program kicking out a person if he/she was belligerent or wouldn’t participate or try. But only a scam program would kick out a person for speaking his/her mind and standing up for him/herself. I do believe that most of these “treatment” programs are scams and really little more than just “legalized” theft. So it wouldn’t surprise me. Most probation/parole/scam treatment people have no idea how to help or improve society. They are dregs themselves.

          It takes a strong person to stand up for principles when there are significant consequences. Congratulations. You’ll be even stronger later.

  2. DaveP

    AMAZING! Congrats!!!! Wow
    Maybe SB145 WILL PASS! along w/Tiered Reg.
    Maybe they’re listening to the CASOMB board finally.
    You hopefully the first of many for early release off of Parole

  3. SR

    Congratulations! Glad to hear it worked for you. I hope it’ll work for many others as well!

  4. Chris

    I can corroborate this. In my group (Orange County) one person is almost at his halfway point for a 10 year parole. He was given a form to sign for earned discharge credits (I read it) which stated he would be eligible for early release at the halfway point. It also said if you hadn’t violated parole in the first 2 1/2 years you would be eligible after 3 years, which may have happened to the original poster here. So if anyone is just starting out, please don’t violate parole!

    The others in group haven’t been given a form yet, but my understanding is they may not give it to you until you approach the halfway point.

    The counselors also told us 4 weeks ago that we may see this kind of paperwork, and they were right.

    • Anonymous

      Tell the truth to the polygraph machine but it says you are showing some deception. . Years of loyal hard work down the s%!tter. Can’t “graduate” from treatment. Can’t.

    • Chris

      I got a hold of the form I talked about and am posting it:

      STATE OF CALIFORNIA
      NOTIFICATION OF EARNED DISCHARGE CRITERIA
      CDCR 1605 (04/17)

      REQUIREMENTS FOR NON-SEX OFFENDERS

      If you completed the last 180 days of your prison term in a community based re-entry program, you must complete the first 3 months of your parole without any revocation or absconding, then three months* without any violations, then three months* of minimal supervision without any violations, for a total of nine months, before you can submit a request for Earned Discharge Consideration.

      If you did not complete the 180 days of your prison term in a community based re-entry program, you must complete an intensive program at least six-months long. While on parole, you must complete the first 180 days of parole without any revocation or suspension, then three months* withoout any violations, then three months* of minimal supervision without any violations, for a total of twelve months, before you can submit a request for Earned Discharge Consideration.

      REQUIREMENTS FOR SEX OFFENDERS

      If you have ever been convicted of a crime requiring registration pursuant to Penal Code sections 290-294, you must complete half of your total parole term without any revocation or suspension, then three months* without any violations, then three months* of minimal supervision without any violations, before you can submit a request for Earned Discharge Consideration. If your parole is revoked during the first half of your total parole term, you must complete the remainder of the first half, or 12 months (whichever is greater), without any violations.

      You must also complete Sex Offender Treatment.

      * If you commit a violation during any of these periods, even if you are not arrested, the period starts over.

      ADDITIONAL REQUIREMENTS: Based on your specific criminal history and/or criminogenic needs you must also meet the following selected criteria:

      If you are able to work, maintain an average of 25 hours per week of verifiable employment. If you are unable to work due to an approved circumstance, you must receive financial assistance to meet basic living needs.

  5. Shawn

    Hello everyone, this feels like an appropriate topic to ask this question. I have been reading about this bill AB-1182 Post Release Supervision of Offenders. Here is the link to the bill:

    http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1182

    It looks to me like any of us on parole will finally be up for early discharge if this goes through. What I’m trying to figure out is how long it will take for this bill to make it through the system. From what I can see in the wording, a lot of RSOs on parole will find relief. I can’t seem to find a lot of information out on the net.

    Any help deciphering this mess would be helpful. I have read the bill three times and still feel unsure of what it offers.

    Thanks

  6. AERO1

    Probation is easy if you’re not doing anything wrong and the fact that people are getting early discharged off of 10 years probation or parole for pc290 charges just shows the fact that people are starting to wake TF up
    10 year probation thats just ridiculous I’m glad to see this brother find some peace and light at the end of a very dark tunnel ..

  7. AnonMom

    Congratulations on early release from parole!

    Does anyone have any insight to early termination of probation? We are in Riverside County too, and husband is on County Probation, but about to hit the halfway mark. No violations or issues with probation. Just wondering if anyone has had success with getting it shortened.

    • NPS

      @AnonMom

      I had my probation terminated early. Though I was originally adjudicated in Orange County, I moved to San Francisco and my case and probation was transferred to San Francisco. It was SF that granted my early termination, reduction to misdemeanor and expungement.

      File the 1203.3 motion to request early termination of probation. If your husband is qualified to have his charges reduced to misdemeanor (17b) and expunged (1203.4), this can be done at the same time.

      He will need to have a letter from probation stating they have no objection to the early termination. Generally, the judge will listen to the probation department’s recommendation. Has he completed the sex offender “treatment” program? Usually this has to be completed first (or have at least a year completed); the date he was adjudicated might make a difference. A letter from his counselor stating that he has been successful or has successfully completed the program along with the passing of the lie detector test should also be submitted. He will also need to write a letter to the court stating why he is asking for early termination. Have several character reference letters from people in his network.

      I do know the forms have changed since I filed in 2014. I was also able to file without an attorney or even any assistance with an attorney. There was also no cost. I’ll go through my records when I get home tonight and follow up with you.

      • AnonMom

        @NPS-

        No he has not completed “treatment”. He has successfully attended for almost 1.5 years, missing only one day because of really really bad illness. He is always on time and pays in full (not even a reduced fee), passed poly, and has never had issues with PO, in fact has had a supportive PO. I’ve heard that treatment is paced to keep you there for the whole three years though. He was charged and convicted in 2017, so I don’t think he qualifies for reduction, even though the attorney said he would when he took the plea. I don’t mind hiring an attorney, I just don’t want to spend the money and effort if there is no chance and nobody has been successful.

        I appreciate your insight, we just want what’s best for our family-my husband is doing his absolute best to overcome
        all this, just like so many here, so I appreciate your time in sharing your experience.

        • NPS

          The law is written as follows: PC 1203.067 – Persons placed on formal probation on or after July 1, 2012, shall successfully complete a sex offender management program, following the standards developed pursuant to Section 9003 , as a condition of release from probation. The length of the period in the program shall be not less than one year, up to the entire period of probation, as determined by the certified sex offender management professional in consultation with the probation officer and as approved by the court.

          Therein lies the problem. The length of time is determined by the trio specified above. I was adjudicated in 2010 and the law at the time was “participate” not less than one year. The law was changed to “successfully complete”. Also at the time, passing the polygraph meant successful completion of the program. I don’t know how it is today with regards to the polygraph. Once you passed, that was it. However, it seems like they want to keep probationers in the program for the entire duration even after passing the polygraph; a total money grabber. If your husband’s probation officer is supportive and he’s passed the polygraph, he should discuss the possibility of having the treatment deemed successfully completed. That’s the only way one can terminate probation (according to the law). Consult with an attorney who specializes in sex offense laws and can write a motion for early termination of probation.

  8. Todd H.

    I was just notified in my containment meeting that I was doing great and they are recommending switching from to parole agent check-ins to one per month. Then they also dropped the bombshell that my parole was now 10 years from 3!!! When I “took the deal” three years was said. This is crazy! How the heck can they change the deal?

    • Shawn

      I am in a similar situation. Here is what they are not telling you. The penal code 3000 was changed in around 2010, to say that we must do up to 10 years of parole. So technically you aren’t supposed to do 10, it is supposed to be worst case scenario. If you read on to 3001, you will discover that your PDD is actually 3 years. You should look it up. It basically says that you must be released at the 3 year mark unless they have good reason to detain you longer. That’s where things get muddled. Look up your rights. If you go to the root & rebound website they offer a bunch of legal information on this topic. It’s helpful. Good luck. Don’t give up no matter what crap they try to feed you.

      • Joe P

        Hey Shawn, they didn’t discharge you in April? I thought that’s when your 3 year early discharge review date was.

        • Shawn

          @Joe

          Nope, they have not discharged me. I’m still working on it and waiting to see the letter explaining why they didn’t. I’ll likely be talking this all the way through the habeas corpus petition. Things are never easy with these people.

  9. Steveo

    “How can they change the deal?”…. That is the million dollar question that so many of us have been asking in our own situations for years. I grew up naively thinking that the government in America was for the most part about law, about justice, and truth, and all of that boy scout stuff. Well, it’s not. It’s corrupt. Our state and federal government is a corrupt seething cesspool. Law enforcement is corrupt, criminal justice, probation, parole, it’s all corrupt. They see themselves as good people and look at people who’ve done crimes like you’ve done as lesser people that they can get away with doing that to. Because they’re the righteous ones, and you’re irredeemable, you don’t deserve anything good in their eyes, so they’ll just do things to you that they see fit, or whatever they think they can get away with, and you can’t do anything about it, because nobody will take your side, because you’re a piece of excrement to them.

    I feel bad for them, because I belong to Christ, and God sees what these people have done, and are doing, and it’s not going to go well for them in the end…

  10. mk

    I just want to add. They did the same thing to my husband. He also was sentenced to 6 yrs prison, 3 yrs parole. At release from prison, he was told its 5 yrs parole. Then they told him, no its now 10 (this about the 4 yr mark)
    At around the 5 1/2 yr mark of parole, and right after his annual meeting with his agent (I think this one was number 18 on the list of parole agent changes) they called him two days later and told him he needed to come in. Didnt say why.
    Well hub was working and wouldnt be able to make it before they closed. His agent said….ok. well come in first thing in the morning.
    He then called him back and said…….You can cut off your ankle monitor, you’ve been released from parole. His *counselor* also called him and told him the same thing.
    Well hub refused to cut the thing off, and made them do it. I told hub he had to take a photo of the agent cutting it off. (no dummy here)

    So just his experience.
    He has not paid restitution (bad idea cause that will catch up to him)
    He did everything he was supposed to while on parole.
    He did complete his therapy classes. (group meetings mostly)
    He had no idea and from the sounds of it, neither did his parole agents that he was going to be released.
    I was happy because he could move back home then. (I didnt want parole agents all up in my business or in my home anytime they wanted to come in and due to the residency restrictions our house is too close to parks and schools, so hub lived separately)

    • Shawn

      Thank you for sharing your experience. It gives me hope.

      • Joe p

        Hey Shawn,
        Did you get any violations since you’ve been on parole? Did your parole officer approve of early discharge or did he/she go against it? Your still in Sacramento right?

        • Shawn

          @Joe

          I did have a violation. When I first got out I had pictures of my wife and my daughter. They arrested me for having pictures of my daughter. That was 3 years ago. The crazy thing is that on the paper they gave me denying early release it also says I have a violation from a month ago. I had a big old vintage stuffed monkey from the early 1970s, nothing you would give to kid, and I was not arrested for having it, but my parole officer advised me to get rid of it. So how is that considered a violation? I am going to try and fight this none the less.

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