My husband is a non- violent offender is release date is Nov. 2013, is there any way he can apply for an half way house?

He's in a minimum security prison in Ione, CA he has served 7 yrs he served 2 yrs in CDCR fire camp program

Los Angeles, CA -

Attorney Answers (3)

Gayle Anne-Marie Gutekunst

Gayle Anne-Marie Gutekunst

Criminal Defense Attorney - San Francisco, CA

He seems like a good candidate for transitional release given that he served in fire camp. I've been to Ione several times; I assume you are referring to the lowest level of custody there.

Usually, once a person's release date gets near, he is transferred to a minimum security housing arrangement where he can sometimes be released during the day to work at a job in the community, either through a state program or a private employer.

If the prisoner does well, he may possibly qualify for placement in a half-way house, a residential facility where he can have a job, and may even qualify for day or weekend passes. Once he has completed the halfway house, he can be released to the community. My understanding (which might be wrong) is that the halfway house stay is about 6 months. He should probably tell his counselor that he wants transitional release into a halfway house, so that this acceptance process can start now.

Chris J Feasel

Chris J Feasel

Criminal Defense Attorney

Can he? Sure - nothing's stopping him. But it won't do any good unless he gets his sentence modified, and if that wasn't discussed prior to his original sentencing, good luck doing it now.

Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing... more
Seth Andrew Weinstein

Seth Andrew Weinstein

Criminal Defense Attorney - Sherman Oaks, CA

It needs to be part of a sentencing modification. Likely, they won't approve it now because his release date is in 10 months.

Seth Weinstein, Esq.
Practicing throughout Southern California
(310) 707-7131

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more

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