Legal Question in Criminal Law in Michigan
T.I.S.
my brother was sentenced under T.I.S. He has never been ticketed and has all good reviews from his block. He was under the impression that he does his time (under T.I.S.) and gets out. He is also getting good time (24 days to be exact--i thought T.I.S. eliminates good time) Well he has been flopped about 3 times already and he doesnt know why. He has certificates from his drug, alchol, and sex offenders classes...why is he still incarcerated? Is it a bad idea to write the judge who sentenced him, or the parole board members who keep flopping him? How can I help my brother come home?
1 Answer from Attorneys
Re: T.I.S.
Truth in Sentencing only applies to the convict's "minimum" sentence. Once he's served that minimum, the parole board controls whether he is parolled then, or serves more time up to and including the maximum allowed for that crime. The sentencing judge does not control your brother's sentence now ... although, like any interested citizen, the judge can write a letter to the parole board and provide pertinent information or opinion to be considered at the next parole board review of his case.
Reading between the lines ... he was convicted of Criminal Sexual Conduct (or a CSC-like crime)? The parole board is notorious for keeping CSC convicts in past the "early-out date" (only 10-13% are parolled on average since 2000). But the board must also use "parole guidelines" in its decision. His guidelines score must put him in a low- or average-probability for parole range. But your posting does not indicate this information.
What can you do to help your brother's case in front of the board? Space is too short here. So I'll refer you to: http://www.sado.org/parole.htm . You might also want to consult with an attorney in private practice who handles prisoner rights cases.
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