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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 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.

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, 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.

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 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.

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

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 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.

@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.

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.

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 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.

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.

The folks are Root and Rebound are awesome! I was offered a job at one of the large hardware stores. Passed the onsite drug test. Failed the background. Even though my crime had nothing to do with the job in question, they rescinded the job offer, which is a violation of the law. R&R worked with me to prepare the humiliating but required documentation and statements as to why I’m “worthy” of working at their business. They will either hire me or find themselves in court explaining how my being a sex offender (low risk) is dangerous to their business.

“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…

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)

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 considered a violation? I am going to try and fight this none the less.

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 to court and ask the judge. There is a story on this board of someone who did that after 3 years of 10 year parole (he was a very good parolee).

@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 books over and over, and they only put you on titration. So what parole is saying is that for a PC 290 offender, there is no early discharge, because it is an impossible standard to meet, to complete sex offender treatment. This practice is akin to the definition of RACKATEERING. The treatment place is profiting, while strong arming a client by force, where the client is paying with years of his life, with the threat of going back to prison for non-compliance (thiink of one paying organized crime for protection under threat of harm). This is wrong.

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… if anybody cares enough to read this far into what ive wrote can you PLEASE TELL ME IF YOUVE EVER HEARD OF A CASE LIKE THIS.

@Ashley

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

The same happen to me…from a 3 year parole term assigned by court to 10 years that cdc made

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 with your biological child as long as said child was not your victim.

@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 sure there is much more I can offer. Work to the best of your ability to get you PO and anyone else in the legal system on your side. It takes a long time and a lot of effort to gain even a little trust, but it can be the difference in getting conditions changed.

I hope your situation can improve

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 can use to RETAIN on parole. The decision to retain must be in writing and a copy provided to the parolee so he can appeal if necessary. If you are not given a copy, it is a due process violation in which you can win by filing a habeas corpus petition in superior court. But if you are a determinate sentence prisoner, you must exhaust administrative remedies first by filing a 602 that the Board did not provide you with a copy of the decision, first. Additonally, if you violate any condition of parole or have parole revoked AFTER the 37 months period (this includes the 30 days for review), then you can win in Court that the Board and CDCR lost jurisdiction to revoke your parole, where the revocation occurred after the 37 months (where they never provided you a written decision and the opportunity to appeal that decision). Case law is clear on this. Good luck, I hope this helps you.

I believe this info, although I’ve never known anyone to get a copy of the retain decision.

BTW 3722 also states that this can be used to retain on parole:

(4) Supervision Needed. The parolee is in special need of continued supervision for the safety of the parolee or of the public.

Any comments?

To answer your question, the BPH or CDCR uses that excuse on all PC 290 offenders to retain on parole. You can win in Court if you are ‘low risk’ (Non HRSO), because sex offender treatment is meant for ‘High Risk Offenders (HRSO) by statute. Also, if you can point to the Court that you have a low Static 99 score and CSRA score. The other successful way to challenge in Court is that the CDCR is denying you ‘early parole discharge’ using the excuse that you must complete sex offender treatment. Completion of sex offender treatment is not listed in Title 15 criteria to deny ‘early parole dsicharge’ See Title 15 Section 3722. Lastly, if you want to complete sex offender treatment after your first year on parole, file a habeas petition with the Court stating that the statute requires APPROVAL by the Court of a ‘completion date.’ The statute says specifically that a date of completion is determined by the parole agent, the sex offender supervisor, and AS APPROVED BY THE COURT. As you may know, there is no such thing as ‘completion of sex offender treatment’ and you will do the entire duration of parole without an early discharge. Hope this helps!

“Sex offender” “treatment” is quite a grift. What % of “patients” does it help? I’ll guess 5%. But it also does certainly make some % of the people just simply want to really harm other people and retaliate. What % is that? I’ll guess much higher than 5%.

All that aside, I do wonder why these grifters haven’t tried to force “treatment” on all kinds of other crimes. Do they not think there is money to made there? Or they think those crimes are normal and don’t need treatment? Makes no sense to me. They want to “treat” a person who looks at pictures but not a person who shoots someone with a gun. Yeah, sure, that’s all about public safety.

I agree, convicted murderers who are paroled, less than ONE PERCENT commit another crime. Unfortunately, society believes that parolees who served time for a sex offense or murder, are the most dangerous and a threat to public safety. Offenders such as serial arsonists, property offenders, thieves, these are not victimless crimes yet are perceived differently by society, with no desire or plan to provide them treatment. Statistically, they have a 70% or more percentage of recidivism. Numerous sex offenders required to complete sex offender treatment committed their PC 290 offense, ten, twenty, thirty, forty years ago, and have a CURRENT offense which is non PC 290. Many have minor crimes in relation to the more major (soliciting a minor over Internet -where minor was an undercover cop, urinating in public, 18 year old having sex with 17 year old). In summary, I believe treatment for ANY offender on parole is helpful for those who desire to participate. For those who do not desire to participate, with no desire to change their behavior, the requirement to be in treatment breeds anger, frustration, and hopelesness, perhaps doing more harm than good.

Penal Code Section 3000 says that the BPH shall have the “right to reconsideration of the length of parole and the conditions thereof.” This is the statutory line the BPH uses to establish early discharge for 290s. Because of its vagueness, and the procedure is not detailed in other laws, the BPH gets to fully govern how early discharge works for parolees with parole longer than 5 years. It is possible to “graduate” from treatment. Albeit they demand perfection. I have witnessed three parolees with 10-20 year parole “graduate” from Sharper Future and had early discharge granted. Your goal is to get on Maintenance, and from there you can apply for early discharge at the halfway point of your parole. The parole officer also has the discretion to recommend discharge at any point during the parole process. This is separate from the “earned discharge” outlined above.

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