Early discharge from parole

[nightowl50]

I paroled from a Ca. prison on 12/8/99 after serving 45 months of a 56 month sentence for a non-violent felony (grand theft). My Parole Officer has already told me that she will be recommending to the Board of Prison Terms that I be discharged at the end of my first year. However; she also stated early discharge would most likely be denied by the BPT. Under Sec.3001(a) which states in part that any person ...on parole continuously for one year since release from confinement, within 30 days, that person shall be discharged from parole, unless the Department of Corrections recommends to the Board of Prison Terms that person be retained on parole.... Since the word "shall" is used in the law, wouldn't the BPT be in violation of said law if they denie the requested discharge? I would also like to know what my chances might be to get a denial by the BPT overturned?
Thanks you for any help you can give me.


[This message has been edited by nightowl50 (edited October 09, 2000).]

 

[3rdtimeacharm]

Hello Nightowl!! My experience says that you have a good chance of discharging parole in 13 months. Since this is NOT a violent crime, most cases of that sort do discharge early. However, you know the state...they do what they want. Do what parole wants you to do. Obey their laws. And you have a good chance. If you have more than the "3 year" parole, you may NOT get that early release. Also, if your'e a High Control case, not much chance there either. I wish you all the luck. I just got out Sat. the 4th., from Corcoran.

 

[Indiana Filer]

Hello Nightowl!! My experience says that you have a good chance of discharging parole in 13 months. Since this is NOT a violent crime, most cases of that sort do discharge early. However, you know the state...they do what they want. Do what parole wants you to do. Obey their laws. And you have a good chance. If you have more than the "3 year" parole, you may NOT get that early release. Also, if your'e a High Control case, not much chance there either. I wish you all the luck. I just got out Sat. the 4th., from Corcoran.

I know you've been out of circulation for a while now, but the post you responded to is almost 9 years old. I'm quite sure Nightowl is long gone from this forum by now.

You're welcome to stay, but please don't resurrect old threads. It's frowned upon here.

I think, if you follow your own advice above, you'll be successful now that you're out. Listen to your parole officer, and good luck to you.