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Can Someone Refuse To Leave Prison After Their Sentence Is Served

Has a prisoner ever refused to leave prison, and said, "I want to serve out my supervised release in prison and get it over with"?

I know for a fact that at least one convict has done this. It occurred in early 2006, in the third week of January. This was in the state of Arizona, which is one of the states that has followed California in adopting the ‘truth in sentencing' act- convicts must serve 85% of their sentence in captivity, and then 15% is served in free society on ‘community supervision’. If it is completed satisfactorily, then the convict reaches his sentence expiration date and is discharged from the AZ dept of corrections.I remember the sentencing judge mentioning during my sentencing that I would be required to fulfill the above requirements, and that in certain cases, the individual will be required to serve 115% of their sentence. It was left purposefully vague as to which cases this applied to, and thus I forgot all about it.Right up until the third week of January, 2006. And when they came to tell me to ‘roll up' and say my goodbyes, I informed them that I'd be staying to finish out my sentence (another 10 months on a 5 year bid). I had lost whatever possessions, friends, everything pretty much, and had nowhere to go and no resources… and I knew better than to think I could do 10 months of parole in these circumstances, homeless and destitute with a 4 year gap in my resume. I wanted to stay and finish my time on that yard, where I was established and lived pretty good for a convict. They told me to go to the yard office and there it was explained exactly which ‘cases were required to serve 115%’. Mine. Convicts who choose to refuse their community supervision release date are required by law to serve 115% of their actual sentence locked up. Unless I rolled up and got my ass outta there, that 10 months became more than another year and a half.So I rolled up, gave my shit away (clear plastic television and other crap) and was transported to the phoenix homeless shelter. And somehow, I made it.Asked and answered, and good evening to you.

What is the longest prison sentence you've seen someone receive for a non-violent offense?

Depends on what you classify as non-violent. If never a violent or past criminal record and only a white collar crime. I was sentenced to 7 years for forgery for the amount of $978. I know that is not the most but a lot of crimes can be classified as non-violent so you need to be more specific.Drugs often lead to violence. Dui’s Are violent because you could’ve killed someone. Robbery, Arson are both violent since you’re causing significant damage. But when you think about it every crime causes damage.

What is the longest known prison sentence that someone has served fully, and been released?

Both of the other answers cite Paul Geidel who served 68 years; however, I’m not sure if that answers the original question which was about people who have served a definitive—but very long—sentence—not someone released on compassionate grounds while very elderly. Geidel does seem to have been released simply because he was getting very old.I don’t know what the current record is, but one person who could potentially break it—at least given his current sentence—is Justin Bourque, a Canadian murderer convicted of killing three Mounties (RCMP officers). Bourque was sentenced to 75 years without parole at age 24—meaning he could be released at age 99, an advanced but not impossible age. Interestingly the defense had argued for a sentence of 50 years without parole (release at age 74) meaning that a 50 year sentence was seen as meaningfully more lenient, possibly allowing Bourque to enjoy a few more years of freedom in old age. However the court rejected that and imposed the full 75 years, the maximum allowed under Canadian law.Under Canadian law, Bourque and others serving extra long sentences do have the option of petitioning the Minister of Public Safety for a commutation after 35 years:Life will mean lifeHowever, as this will involve an additional step, there is no guarantee that whoever is serving as the Minister will act in Bourque’s favor when the time comes. The Minister could certainly choose to allow the 75 year sentence to stand. The potential for a commutation after 35 years is based on a relatively recent law so there is no track record as yet as to how frequently, in practice, such requests will be granted.

Why Muhammad Ali was sentenced to 5 years in prison?

Get your facts straight before you assume something that is not true.

Boxer Muhammad Ali, born Cassius Clay, joined the Nation of Islam in 1964, just days after first claiming the heavyweight title. As a Muslim, he believed that only Allah could command him to go to war.

Drafted in 1966, Ali declared that he would not serve in Vietnam, saying “I ain’t got no quarrel with them Viet Cong.” Three separate petitions to the U.S. Supreme Court failed to win him a draft exemption.

On April 28, 1967, Ali refused to step forward at his induction ceremony to signal entry into the Army, even after warnings that he faced a prison sentence and a $10,000 fine.

The World Boxing Association stripped him of the heavyweight title and he was suspended from fighting.

Two months later, a Houston jury took 21 minutes to convict Ali—still called Cassius Clay in court—of draft evasion. Time magazine declared, “It appears unlikely that Clay … will ever again be a championship contender.”

Ali spent the next three years free while his conviction was on appeal. Barred from boxing or leaving the country, he lectured at universities and Muslim gatherings around the United States, gaining support as antiwar sentiment increased.

On June 28, 1971, the Supreme Court reversed his conviction, ruling that he was entitled to an exemption as a conscientious objector. Ali regained the heavyweight title in 1974 and continued boxing until 1981.

If a prisoner already serving a life sentence escapes from prison and is eventually caught, what is the worst that can happen to him?

The worst? Being caught and spending the rest of the life sentence  in solitary. For example: In 1987, while in county court on a drug charge, Billy Blake, then 23, grabbed a gun from a sheriff’s deputy and, in a failed escape attempt, murdered one deputy and wounded another. He is now 49 years old, and is serving a sentence of 77 years to life. As a cop-killer and an escape risk, Blake is considered a permanent threat to prison safety. For this reason, he is one of the few New York prisoners in “administrative” rather than “disciplinary” segregation—meaning he’s in solitary more or less indefinitely, despite periodic pro forma reviews of his status.

Can a prisoner refuse parole?

The right to refuse may be jurisdictional but they can and do.  The ACLU reports that in Nevada inmates aren't prepared for their freedom and 26% of them refuse parole.  Inmates complain that neither the Nevada Department of Corrections or the Nevada Department of Probation and Parole will help them with the transition from prison to the real world.  About 30% of surveyed inmates had never met with their case worker and none of them knew the NDOC offered monthly classes to help.  A full 80% of parolees said they got no help finding housing and felt they would not be able to afford rent.  Felons are not eligable to apply for public housing and are explicitly prohibited from obtaining it.   About 35% of the women admitted to prison in Nevada each year and 25% of the men are admitted for parole violations.  Nevada is not alone in its failure to prepare inmates to return to society.  The American justice system is highly punitive and the role of prison is punishment.  Inmates who spend years in solitary confinement are released back into society without acclimating them into the general prison population.  We know that inmates in long term solitary confinement with no history of violence have a higher propensity for commiting violent acts upon release so it would be prudent to step them down to a less secure facility before release.  This is routine for other inmates who go from a medium secure facility to a minimum and often obtain work release before their discharge.  From there they may go to a halfway house where they are still under DOC supervision but have a lot more freedom and are assisted with finding work and a place to live.  But Nevada has very few halfway houses and inmates must be able to pay in advance for staying in one.  It costs taxpayers an additional 4 million a year for inmates who are parolled but stay in prison.  Punishment for violent crime is understandable but over half of federal prisoners are convicted for nonviolent offenses.  Countries like Switzerland emphasize reintegration into the community and have much less crime and recidivism.  Even with long sentences many prisoners will be released at some point and society would be better served if prisons offered more than mere punishment.

Where do you go after you finished your prison sentence?

I was released from State prison in state-prison clothes (boots, pants, shirt, jacket). I looked like I just escaped, Everything was marked DOC. They said that was their policy. So the first place I went was to McDonald’s, and I got some funny stares. I ordered ten hamburgers, a large fry, and a strawberry shake.I was not allowed to return to my home state, even though I had several different family members' willing to let me stay with them. Even though I’d maxed-out my sentence there was six-months mandatory parole/probation (I cannot remember exactly which) that I had to complete outside of my home State, where I had no one to provide me a place. So my family helped me get a room in a Ramada Inn which was very expensive. I had to stay there for two months until I could finally convince someone that was renting out a room to allow me to rent the room from him.Without a real residence (not a temporary residence) I could not get an identification card. Without and identification card I could not get a job or set up a bank account. Fortunately, I did have plenty of cash, but you cannot pay utility bills, or cell phone bills with cash (you need a bank account for that). So here I am, an ex-con fresh out of prison, storing $30,000 in a room I was renting in someone else’s home. It was not as easy as I’d hoped.By the time I finally got the identification, the job, the bank account; my six-months mandated supervision was up. So finally I was able to relocate back to my home State.

What happens if you refuse to work in prison?

No, they cannot withhold food. That would be an 8th Amendment violation. What they will do, however, is give you a write up as a “program failure” and take any privileges away from you for a predetermined amount of time. After the third time that they write you an infraction they can put you in administrative segregation. Privileges are things like: access to the prison store/canteen, buying a radio or television, contact visits (although visits can usually only be taken for visiting related violations), pictures, etc. Basically, they can take anything from you that isn't considered a right. But not food. That is one of life's necessities and they therefore cannot refuse to provide you with something as basic as food.Beyond that, I worked because I received a “day for day” incentive. Meaning that for every day I did “clean” and while working in a prison job, I would have one day knocked off my sentence. For me, that meant that when I was first sentenced in 1983 to a 47-year sentence, I was only required to do 23–1/2 years. But because I was a dumb ass and lost a lot of “good time” time for doing or saying stupid stuff (cursing out guards, fighting, stabbings, insubordination, etc.) All in all, I ended up doing 6 years extra for not being able to work while in the “hole.” So instead of 23 years I ended up doing 29 and change.

If a judge sentence you 30 days do you serve all 30 days?

I love it when people who do not know the law just guess instead of looking something up.

Every person sentenced to County Jail has his sentence reduced by approximately 1/3 so long as he does not violate the rules and does not refuse to work if directed to do so. It does not matter whether the sentence follows a probation violation or not. So the most a person would serve on a 30 day sentence is 20 days. A Sheriff can release somebody up to five days early under any circumstances, and jail overcrowding has resulted in even earlier releases. However, nobody has a right to an early release, so it is best to plan for 20 days on a 30 day sentence.