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Wednesday, December 9, 2015

According to Probation Services...

I was wondering what official policy is around early release from supervision. I suppose it should surprise none of us that there is a lot of discretion on the part of those in power (not us) to decide who is considered and who is not for early release:

"Can I get off of Federal supervision early?
The short answer is generally yes, if certain conditions are met.  According to federal statue, all offenders are eligible for early release after one year of supervision.  However, it is the decision of the sentencing judge. Some sentencing judges will not grant early release if a significant downward departure was given at the time of sentencing. Others will not consider it until you have reached 1/2 to 2/3 of the your supervised release sentence. Some districts will grant an early termination with an outstanding fine or restitution balance, if payments have been made as ordered during the period of supervision. Other districts will not consider anyone for early termination as long as there is any outstanding debt to the court. A request for early release can be generated by the officer after they have examined your role in the offense, the nature and severity of your offense and criminal history, your compliance under supervision, how any of your codefendents were handled, and if the U.S. Attorney has an objection to early release. This process takes a little while, and again underscores the importance of compliance on supervision and a good working relationship with your officer."

I have not heard back from my P.O. I was supposed to hear by Friday. Either he forgot, did not hear back from the prosecutor in my case, or was just telling me what I wanted to hear. If I don't hear from him by the end of the day tomorrow, I'll be calling him again,

Monday, December 7, 2015

December Supervision Update and More

A couple months ago I posted that my P.O. had stated that I should be off supervision by the holidays (remember?). Later, Freckles posted that her P.O. stated that she was told that nearly no one gets off supervision. Well, it is the holidays... what's my status?

I have been on supervision a total of 17 months of my 3 year sentence. Word was that most people have to do at least 18 months, so there's that. What about the "before the holidays," stuff though? I had to go see my P.O. and I have been pushing him in a cordial kind of way... "any movement?" "anything I can do?"

One thing I did was bring in my Carswell certificate that showed I took a class in financial budgeting. It was a requirement of my supervision that I have a financial course and encouraged that I do it while still incarcerated. I didn't mind doing so. It was informative and Glitter taught it. I went for six weeks and we watched videos, filled out paperwork, took a pre and post test. It was legit. I received a certificate and points on my official paperwork for completing it. It was one of the few educational activities where I was a participant and not the educator. My P.O. made a copy of the certificate last time I was there and we crossed that requirement off my paperwork, or so I thought.

Last week, I talked to my P.O. again due to my needing permission to travel for Thanksgiving, and he informed me that he still wanted me to get in another financial seminar ("I don't care how short or long it is"). I guess pushing these programs while still incarcerated don't count once we are out. Luckily, I had several workshops I'd been to that we could choose from. We selected a workshop I recently attended with the youth I work with where I actually took a selfie with Rev. Jessee Jackson Sr. Telling my P.O. that I had a selfie with Rev. Jackson resulted in his wanting me to text him a copy of the photo. While not nearly as informative as the seminar I attended at Carswell, the one day workshop with Jessee Jackson crossed that "t" and dotted that "i," and there was nothing remaining on my requirements from court for concern. No matter what anything may think of Rev. Jessee Jackson, the workshop was really good and he was inspirational to the youth - also, he was impressive to my P.O. which is all that really matter!!!

So, was that enough? Well, no.

Being qualified to be recommended for early release from supervision and having your P.O. actually seek it are two entirely different things! I had done everything expected of me for the last 17 months - monthly reports, paying more than expected in restitution, maintaining my employment, school, solid family life, no negative police interactions, clean from gambling, active in recovery, etc., but there are several people that must make the decision to ACT before anything can happen and the first level had initially decided to NOT act.

My P.O. informed me that the office was so overwhelmed with "bad" drug dealers that they did not have time to go to court to request my early release. Early release is the lowest priority in such a busy office. With the number of people recently being released from prisons, they are just too burdened to take on the work of early release. He admitted he was going to try to get me released before, but too much work has now piled upon him. I think he could see my disappointment as I just stared at him knowing that he had all the power in that room.

I did not let it entirely go, though. I brought up the fact that travel is a real part of my life - as all our family members live out of state and I am constantly burdening him with travel requests.

Next thing that happened is that my P.O. decided that he would call the prosecutor from my case and see if there would be an opposition to early release. If not, it will be much simpler to go forward. That phone call should have occurred this past week. I am supposed to hear back from my P.O. tomorrow.

My P.O. asked me if the prosecutor was being really tough on me. I said that, honestly, he was tough in the fact that he asked for prison and a year and a day, but that he could have gone with the statutory minimums of 3-5 years. My P.O. laughed and said, "he went for a year and a day?"

I said, "I know, he wanted me to be able to get time off..."
My P.O. said, "exactly." One year and I'd have served exactly 365 days in prison and instead I was able to served about 10 months!

I also said that the prosecutor allowed me to hold on to my passport and go to South Africa between arraignment and sentencing. This fascinated my P.O. "You went to South Africa??"

"Yeah, they said I was a good bet." Meaning I wouldn't run. "I told them that they should use a different choice of words on me."

My P.O. is the one person in the legal system who understands my sense of humor around my gambling addiction. I reminded my P.O. that I am 7 1/2 years clean from gambling. I am also 7 1/2 years since any wrong doing.

I do not know what could happen. Will I be released from supervision before my three years are finished or will I have the opportunity to have a judge consider me for early release? These are outside my control.  I will just keep doing the right thing whether on or off supervision and hope that I continue to maintain a decent relationship with my P.O.

Honesty, Open-Mindedness, and Willingness are three words we learn in recovery --- I think they are applicable in our relationships with our P.O.'s as well!