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For Paul J D: In Oklahoma the County jails have different guidelines from Department of Correction for earning credits for work in the jail and good behavior (Can find at oscn.net) Specific laws under Title 57(Prisons and Reformatories), chapter 2 (County Jails) give two specific statutes for earnig credits one is Title 57,chap2, section 58.3 which is 2days credit for one served in jail and the other is Title 57, chap 2, section 65 which is 5 days for every 4 days of credit for good behavior. A prisoner who is working in the jail is only getting the credit for doing work but not the one for good behavior. This will make a difference of one month and 1 week in his release time if he gets the other credit as he should. He recently filed a grievance and referenced the laws and even gave an attorney general opinion which makes it clear a prisoner in county jail should get both credits. Two weeks have gone by and no response from jail administrator on the grievance and time is getting close to date should be released with both credits. What makes the situation particularly bad is the prisoner has no means of making a copy of his grievance before he places it on the outside of cell on some kind of clip board for the jail administrators to pick up. The prisoner wants to get some feedback from the jail administrator/sheriff so he can see the reason his release date does not reflect his credits for good time.(He was told once by one staff that he only gets one or the other but this is not what the attorney general opinon says.) He plans to file a writ of habeus corpus when his true release date comes but needs feedback before doing that. Two questions: 1. What legal action can be taken against jail administrator/sheriff for destroying grievances? 2. Based on the laws given above is there anyway a judge or DA or even jail official can take away the credits legitmately earned if prisoner files a writ of habeas corpus?
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Ok. Thanks. So there is no way they can take away his credits for time he has worked in jail is there?
One reason I ask this question is this same defendant filed a motion for suspended sentence about 3 months ago. (It was denied) During that hearing the DA told the judge that not only should defendant not get a suspended sentence but all of his good time should be taken away. (The defendant had explained how he was doing good in prison and was a trustee) The judge did not say anything about that request from the DA but I alway wondered if the judge did have authority to take away credits for work and good behavior.
I recently read in one of the Oklahoma laws governing jails that a person in jail could not file a lawsuit until he had gone through all the administration processes available in the prison ie grievance.
Would this also apply to writ of habeas corpus especially in this case when the jail administrator is not responding to a grievance that has been filed?
Has it been your experience that if a prisoner files a writ of habeas corpus he is seen in a day or two?
And on that first appearance if the DA or Sheriff cannot show a reason to hold him is he released on that same day?
I found a writ of habeus corpus form online It says at the top:
The US District Court is about a hundred miles from where the defendant is jailed. So does this mean the sheriff will have to take him to that federal court?
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