He was put in Jan 15th.. that day they told us four months or less. but his pe/te date is set for 6/08/14 its changed twice since he was sent to prison last wed.. but its going down so I know that's a plus.. but I'm really in need of answers I'm sick of him being gone. we have two babies and another on the way by far the hardest thing to do alone. he isn't a trouble. a trouble maker at all I don't think he deserved to be in there. please help me get answers and stop stressing so much. thanks a lot!(:
Once a person is sentenced and sent to prison the Arkansas Department of Corrections then has jurisdiction over the defendant. The PE date can be changed by different factors the prison uses according to the guidelines the person was sentenced under. The PE date is your best estimate but that is about as definitive an answer you can expect. Your boyfriend is also the best source as he will know why the PE date has changed and what he has been told about his potential release date.
I agree with Ms. Hudson. When your boyfriend was put in, he was given a PE/TE date based on the seriousness of the crime and the time period at which he is eligible for parole. Note that eligibility for parole does NOT mean he will get parole. It's based on a lot of factors, not the least of which is his behavior while in prison.
If his behavior is good, he will be given "good time," which can be as much as one extra day credit for every day he serves. Here's how it works (in case no one has explained it to you):
Arkansas has several levels of parole eligibility. They are 100%, 70%, 50%, and 33%. What that means is, depending upon the level of crime, the person must serve either 100%, 70%, 50%, or 33% of their sentence before they are ELIGIBLE for parole (again, that doesn't mean they will get it). Then, if they get good time, that parole eligibility date will move up because that time is further cut down. So to make it simple, let's say your boyfriend is on a 33% crime and received a sentence of 3 years in the department of correction. That would mean he would serve 33% of 3 years, or ONE year, before he would be eligible for parole. But so long as his behavior is good, he could get good time credit of up to one extra day for every day he serves, so that would cut his eligibility in half, and he would be eligible for parole after only 6 months.
The problem is that when defendants are first incarcerated, they are usually not on full good time credit. In other words, instead of one extra day for every day served, they may be on something less, like getting one extra day credit for every two days served. They have to work themselves up to the highest level, which is two-for-one credit. So the longer he is in there without a problem, the more his good-time credit will go up, and the faster his parole eligibility date will move up. Since he's in prison for a violent crime (battery), these things often move a little slower than someone who is in on a non-violent crime like drug possession or car theft.
Plus, depending on the circumstances, the parole board will allow the victim in his crime to be heard as far as allowing him to be paroled. In battery cases and other violent crimes, some inmates may not necessarily get out as early as non-violent criminals with the same sentence, because there's no victim in those cases who is asking the parole board to deny parole.
So as you can see, many many factors come into play. Hopefully the victim will not be pushing for the parole board to deny parole, and hopefully your boyfriend will be on good behavior in prison so he can get out as soon as possible. I know this must be a very difficult time for you and it's good that you are standing by him, but you need to be realistic. To say "he isn't a trouble maker at all" is, at least on some level, denying the problem here. He's in prison, and presumably he either pled guilty or no contest. As far as the criminal justice system is concerned, he IS a trouble maker. Lots of people plead because they are worried about what a jury might do at trial; but having pled, he needs to now make the parole board and everyone he deals with at the prison believe he's a good guy who feels really bad about what happened and will ensure it will never happen again. If they offer any sort of anger management or counseling or anything like that at his facility, he should sign up for it. Anything he is doing to make it look less likely that he will be involved in another violent crime will make it more likely the parole board will grant his parole at his first parole hearing.
Good luck to you. Good fo
No attorney-client relationship is established with this answer. It is not to be considered legal advice, but is merely given to point you in the right direction and give you a general answer as to the law regarding the question you have asked.
Prisons are trying to cut down on the population. I would suggest he contact the parole board and see if he is elgivlble for parole.
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