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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90089
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My husband has 729 days of earned time owed him by the state

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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.

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The Colorado Supreme Court has held that a parolee is entitled to have confinement credit deducted from his mandatory parole. See: Edwards v. People, 196 P.3d 1138 (Colo. 2008). Thus, there is precedent in Colorado for applying his earned time to his parole time to reduce that time. Because there is precedent for applying that time to reduction of his parole, he would not be able to claim he is owed money for not being released on time.

While Edwards deals with presentence credit, the same identical analysis applied by the court would apply in this type of situation, since earned time is time off a sentence of incarceration, just like presentence credit is, if presentence credit can be deducted from parole, so can earned credit time as they are both credits against a sentence and the important thing in Edwards is the Colorado Supreme Court held that parole is PART OF THE SENTENCE and as long as it is part of a sentence earned time can be applied towards a sentence.



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Customer: replied 1 year ago.

Hi, thank you for your answer! I've spoken with Mary Carlson at Time Comp, who was referenced in the foot notes even of Edwards vs. People. She is ADAMANT that this is ONLY to pre confinement time. Even though this is just what we were looking for in regards to "sentence" meaning the whole period of time to include Parole.


Could you please tell me what kind of motion we would need to present, or what might be the next step in making them acknowledge that this earned time should be applied to his sentence??


 


Thank you very much!


Laurie Bickel

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You would have to file a motion for credit for the comp time and you would argue the definitions in Edwards about sentences and get the lower court to rule. If they deny you, this is something that is able to be appealed based on Edwards and it is likely something more appropriate for the appeals court to rule on.
Customer: replied 1 year ago.

Hello again and thank you for being patient with me while I try to work through this!


Okay, I have a letter ready to send to Mary Carlson at time comp along with a copy of his work duty while in federal custody. I know this is just process here as she has already told me that she will deny his request for this time to be applied to his parole. However by me submitting this to her she said they would have to open his file for review again on the matter, even though it "won't do any good" she said.


Could you please tell me what our "plan of action" or the correct chain of command would be from here? What courts do we file with after she deny's us? Do we file against the DOC? Do we file in the county in which he was sentenced? Or do we first need to exhaust our remedies as far as the grievance process goes within the DOC before we even start in the courts?


I just don't want to jump head first into filing motions with the court for them to tell us we first should have filed grievances and been denied there beforehand. I want to be certain that we know what we are doing in case we only get the one chance, and I don't want to miss a step.


For some reason every lawyer I've contacted about this has not been able to "take a case of this complicated nature at this time"


I do not see this as very complicated; they owe him the time and they need to apply it to his parole. I was starting to believe that maybe it wasn't possible until you replied to me with that case law and now I am just certain that it should be cut and dry!


Thank you so much for everything!


Sincerely,


Laurie

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If your appeal to the parole board is denied for his early release, you have to exhaust the administrative grievance/appeal process first through the parole board before you can file in the court where he was sentenced. Then the next step from there is the court of appeals.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90089
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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