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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

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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

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.

@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.

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… Read more »

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

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

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,… Read more »

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.

Now this earlier release bill which state is this for?

The state of California

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… Read more »

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… Read more »

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 ..

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.

@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… Read more »

@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… Read more »

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… Read more »

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?

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… Read more »

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

@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.

“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… Read more »

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… Read more »

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

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?

@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… Read more »

What county are you guys in?

Anyone know how to submit a request for “Earned Discharge Consideration”
Is there a form?

@RKD, I posted the form a few scrolls up. My agent told me they were told to give these forms to all parolees. Maybe it is taking a while for you. You don’t file one, they give it to you to sign. However, my agent said it doesn’t apply to people who have no presumptive discharge date, which is (I believe) 288(a)s. She said she wasn’t sure though and she would find out for me. I will update when I hear something. You could also file a 22 asking to be let out of parole, then a 602, then go… Read more »

@Chris…Thanks
I am 4yrs into a 5yr.
Totally clean. Contra Costa Co.
I think I will give it a try.

Has anyone heard anything in regards to 20 year parole? I believe I was supposed to have 5 and it turned into 20… any info grateful appreciated.

My understanding is that if you where sentenced with the understanding that your period of parole is 5 years. You are not subject to the new parole period. If your conviction was result of a plea agreement. The term on parole would also be part of the agreement. If conviction was result of trial the term of parole would had been stated at sentencing.. Check your transcripts. I do not believe a retractive application of new effects direct consequences of a plea or conviction. Only on collateral .

Listen guys, SB 1182 is under submission, meaning they got blow back against it–there is so much money involved with sex offenders. Job security for all involved–including the doctors. If we are “cured” they are unemployed. Keep the myth going. According to CDCR’s own stats we have the lowest rate of re-offending of all offenses except pot possession and meth manufacturing. Go figure.

I got you though. I got info that they do not want you to have.

So, I am understanding that ab1182 will give no relief for anyone on parole over 5 years in duration… is this correct?

10 years parole on a 288(a) charge? I thought the law was 20 years 6 months for 288(a)? My BF took a plea deal that said max of 4 years parole but now has been told it’s 20 year 6 months because of the 288(a) charge. Is that not correct? Can it be 10 years? Please let me know. Thanks!

I was put up for early discharge at the 2 year mark after release, after serving 24 years for PC 290 offense and murder offense, because crimes were committed in 1992, and 3 year max parole term is the term at time of crime. All agreed for discharge but BPH denied due to saying I must complete sex offender treatment. I provided evidence that NOT ONE PC 290 offender at the treatment place, in their 7 years of operation, has EVER completed sex offender treatment. The reason is because they use failed polygraphs, they make you repeat the same 3… Read more »

HUGE DIFFERENCE between 288a & 288(a) …. 288a will get you the 20 years. 288(a) = 10 years.

My husband committed his offense in 2010 & was convicted in 2011 for 288(a) L&L w/ child under 14. After being deemed by a psychologist NOT A PEDOPHILE, NOT A RISK OF REOFFENDING, he was sentenced the lowest term of 3 years prison followed by 3 years parole. In 2014 few months before his release from prison, he was forced to agree to 5 YEARS. Then 1st thing when he got out & reported to parole, they CHANGED HIS 5 YEARS PAROLE TO 20 YEARS!?!?! 1st 602 got DENIED. 2nd 602 was PARTIALLY GRANTED FROM 20 YEARS TO 10 YEARS…… Read more »

@Ashley

The change for his parole after he came out, was there even trial for it? Or did probation tell him that?

Are you allowed to live with your own biological child while on parole? Does anyone have a list of parole conditions?

To your comment the answer is yes! After my release from prison my wife got pregnant with our daughter and at that time my P.O. was very adamant on not allowing me to be with my wife and daughter, who was in the NICU due to an early birth. But after going to a lawyer and seeking guidance I informed my P.O. and his supervisor that I had legal right to be with my new family and upon looking at my parole conditions there was nothing stating that I couldn’t be with my biological child. So yes you can be… Read more »

@alone, The situation sounds horrible and terrible and tragic. While on parole or probation the PO has enormous power over you and your circumstances. I got married while on probation and the court ordered counselor threatened to violate me if I married. We worked it out and but it made for a rough couple of weeks. Parole conditions,’to my understanding, are unique to each individual/case. If you do not have a copy of your conditions you can contact your attorney (if you had one), or possibly the public defenders office might be able to help you. Without more information not… Read more »

I am on 5 year parole for 288.1(a) Have been on parole for 3 years and 21 days today, I have not been notified of BPH Completing a good cause determination and am looking for advice on how to proceed,

@ Anthony,

They are supposed to send you a letter telling you their decision, but they never do. I usually fill out a 22 form requesting the letter of determination. If they never reviewed your case then you may request to be released from parole. Some how they seem to always remember to deny early release.

Thanks Shawn, that’s what I was thinking I am planning on waiting for the 30 day Period to be over then request it, and if they did it appeal it, or if they didn’t then request release… or best case is they let me off…

Does anyone know the name of the good cause evaluation? My parole officer doesn’t know nor does BPH and DAPO, I talked with all three today, not sure how to proceed… been on parole 3 yr 1 month and 2 days now…Please help! I want to be off parole if possible

A good cause evaluation is found in Title 15 “Early Discharge Criteria” which states that after 3 YEARS of continuous parole, the Board has only up to 30 days after 36 months, to find good cause to RETAIN a person on parole. Good Cause is defined as that the parolee has 1). Abscounded parole, meaning took off. 2). Has been placed on psychiatric hold 3). Has had parole revocated and returned to custody for a violation of conditions or new charge. Thus, if a parolee can meet the 36 months of continuous parole, this is the only criteria the Board… Read more »

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