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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27887
Experience:  30 years legal experience
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wondering if my son Timothy is eligabile to go to the Special

Resolved Question:

wondering if my son Timothy is eligabile to go to the Special Alternative Incarceration Facility in Chelsa MI? His MCL's are 750.224B and 750.110A2
Submitted: 2 years ago.
Category: Criminal Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of your son's dilemma.

Based upon your code citations, your son has been convicted of home invasion and possession of a "sawed-off" shotgun or rifle.

How many months was your son sentenced to do in prison?

Was the building he was accused of invading occupied at the time?

Doug
Customer: replied 2 years ago.
on the weapons charge 1yr min 5yr max and on the home inva. 3 yr min 20 yr max. His MDOC # XXXXX XXXXX timothy michael coy. Please look him up I did not realize this was $58.00 coming out of my checking account and with a 3yr old jumping all over me it went through before i could stop the process of the order. I know there is nothing I can do for him at this point, but if he can go to this SAIF I just need to know if he qualifies and how I go about getting him there? That is if you can help because I do not have the $$$ to throw around for 5 Q I was backing out of, yet with the help and distractions and button pushing of my lil one here I am. Thank you and sorry to have bothered you.
Expert:  LawTalk replied 2 years ago.
Good morning,

Thank you so much for the additional information. I can absolutely answer your question---and I have the law which supports my answer as well---so your money is not wasted on an answer that leaves you without an answer one way or the other.

I am going to give you a link to the specific law which sets out eligibility for admission into the Special Alternative Incarceration Facility. And while under present law, he was automatically evaluated for admission to the program before he left the reception center on initial incarceration in prison. All new inmates are so evaluated.

Under the law, and in pertinent part, a prisoner is ineligible for the alternative facility under the following circumstance:

(2) To be eligible for placement in a special alternative incarceration unit, the prisoner shall meet all of the following requirements:

(a) The prisoner's minimum sentence does not exceed either of the following limits, as applicable:

(i) Twenty-four months or less for a violation of section 110 of the Michigan penal code, 1931 PA 328, MCL 750.110, if the violation involved any occupied dwelling house.

(ii) Thirty-six months or less for any other crime.

 

Based on your description of his sentence, I'm sorry, but he will not qualify for the Special Alternative Incarceration Facility. Here is a link to the specific law:

http://law.onecle.com/michigan/791-department-of-corrections/mcl-791-234a.html


If he would have qualified, the prison itself would have been responsible for processing his request to go into the program. There would have been nothing that you needed to do.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely appreciate your abiding by the honor system as regards Accepting answers. I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27887
Experience: 30 years legal experience
LawTalk and 8 other Criminal Law Specialists are ready to help you

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