My husband has 729 days of earned time owed him by the state of Colorado that was never applied to his sentence… he served day for day… and now they say it can not be applied to his parole time. There has to be a way to have the time he is OWED to his parole and get him off of paper.
In August of 2005 Kent was sentenced to a 9-year sentence with 5-year parole (case number XXXXX all other cases fall under this one) to run concurrently with a governing Federal sentence. At that time he was given, 465 days of earned time/credit for time served in DOC custody awaiting trial. I believe that was a total of 15-18 months in custody. He was then taken into Federal Custody to serve his time.
On 28 July 2011, Kent was released from Leavenworth and into State custody. From Aug. 2005 – July 2011, no earned time was applied to Kent’s DOC sentence, he served day for day. However upon his release from the Feds to a halfway house in Colorado Springs in 2011 the DOC started applying earned time once again. The State says that it was his responsibility to produce the records for the earned time since he was in Federal custody. However at the same time they say that Kent (any inmate) is not allowed contact with Time Comp and only family or friends may contact them on his behalf.
Kent’s State sentence should have been finished at this time, and his parole started if his earned time had been applied. The DOC has treated his case with prejudice to someone holding the same sentence within the state of Colorado because of his Federal ruling sentence.
In January of 2012 the State put him into county jail in the Springs from the halfway house for a 3 month drug furlough program, because of a hot BA given at the halfway house. He was released back to the halfway house in May, and then at the end of August he was sent back to county due to a violation from the State to finish his time in custody until his mandatory release date.
It was at that time I started calling Time Comp to inquire about his earned time that should have been applied to his sentence. After giving them copies of all of his certificates earned while in Federal Custody, Mary at Time Comp informed me that just going off of the finish date/Month on the certificates, because at that time we did not have his work records, that the State owed Kent 729 days of earned time. In the end they ended up applying only 88 days of earned time to Kent’s sentence for immediate release.
I asked what happened to the rest of the time owed, and they informed me that they are very sorry that his mandatory release date was not accounted for correctly in the past, but that it could not be applied to Parole time.
Upon his immediate release in September 2012, Kent was then officially on Probation with the Feds and Parole with the State. The Federal probation took precedence over the State and he only had to meet once a month with his State Parole officer, but all UA’s and counseling were done under the Federal supervision.
In February 2013 Kent was taken into Federal custody on a Violation. In April he was sentenced to serve 12 months at the end of which he will be off of Federal paper for good. (The State has not violated him and considers him to still be on parole in good standing.)
It is because of this that we now want to fight the State for the earned time that was never applied. It is my understanding that according to State law, for each day held over a mandatory release date there is a monetary amount of around $300 usd that should be owed to that person. Is this true? We would like to see him either off of Parole, or to be compensated for the amount of time that he was held in custody past what should have been his mandatory release date due to the state holding his sentence prejudice.
I now have copies of his entire work duty while in Federal Custody. I also have copies of all certificates earned, plus his 32 college credits earned through the Oxford University. With his work duties added he should be owed even more time than the original 729 days.