Reviewed on: October 07,2015

My husband did not go to jail for a violent crime so he shouldn't have gone to a penitentiary. Can you go to the penitentiary for parole violation?

Asked: December 10,2014
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A defendant will be designated to a facility based on a point system and their designation score. The higher the point score, the more restrictive the facility, although Public Safety Factors can (and in almost all instances do) override the designation score. Inmates former criminal history weighs heavily on where they are designated. Obviously this is a major increase in points for those who have significant criminal history. They look at the Judgment and Commitment Order for this score. If it is not listed in the Judgment, they next look to the Pre-Sentence Report and finally may calculate this score on their own. You do not want to let them score this on their own as there is no guide for how related conduct is scored and crimes that would have been grouped together will more than likely be scored individually - therefore you should have a post-conviction specialist attorney assist in this process. Inmates are designated/re-designated to institutions based on:  the level of security and staff supervision the inmate requires, the level of security and staff supervision the institution provides, the medical classification care level of the inmate and the care level of the institution, the inmate's program needs (e.g., substance abuse treatment,educational/vocational training, individual and/or group counseling, medical/mental health treatment), and various administrative factors (e.g., institution bed space capacity; the inmate's release residence; judicial recommendations; separation needs; and security measures needed to ensure protection of victims, witnesses, and the general public).Your inmate may transfer after clear conduct after 18 months. Any request for transfer must originate with an inmate's institution Unit Team at his or her current facility. The administration evaluates referrals submitted by institution staff and makes decisions based on the information provided by the institution. Inmates are encouraged to work closely with members of their institution Unit Team to determine if transfer to a facility closer to their release residence may be possible.
Accepted Answer Date Created: December 11,2014

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