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You are here: Experts > News/Issues > Crime/Punishment > Criminal Law > Hold on an inmate
Expert: Robin Sexton
Date: 5/11/2008
Subject: Hold on an inmate
Question
QUESTION: My boyfriend was sentenced in Minnesota and Michigan, Michigan ran his time concurrent with Minnesota, and he is serving his time in Minnesota, but Michigan has a hold on him that is preventing him from being allowed into minimum security or qualify for work release. We are wondering why they have the hold on him, and is there a way to get it off so he can go on work release. What is a "hold" actually mean, and how can I go about finding out why it is in place? Also what are the chances they will come and get him because MN has good time and he will be out on parole before his whole sentence is complete in Michigan because they are on a parole system.
ANSWER: Mariah,
A "hold" is also called a detainer. I would suspect that even though his time is running concurrent his sentence in Michigan may be longer. I would suspect that once his time is done in Minnesota he will still owe time in Michigan. That would probably prevent him from participating in a work release. He should be able to get the information from his file as to what the problem is as to minimum security. It could be since he has a hold on him that would prevent him from qualifying for minimum. Same as being convicted of certain crimes prevents you from going to minimum. Truthfully with out reviewing his file i can't be more definitive.
Sorry I can't be more clear.
Robin
---------- FOLLOW-UP ----------
QUESTION: His sentence in Minnesota was 7 years, and he should get out next year on good time, and his sentence in Michigan was 7-40 years, I'm thinking Michigan does it that way because of the parole vs. good time served? This detainer is preventing him from doing anything as his "points" are too high because of it, and thats the reason he cant go to minimum. What are the chances that Michigan will come and get him, and will we be notified that they intend to get him or on his release day could they really be waiting to transport him? Also is there a chance that Michigan would drop the detainer? Is there always a detainer throughout the whole sentence if an inmate is serving concurrent time with more than one state?
Answer
Mariah,
Correct, Michigan is a parole state your boyfriend would need to do the minimum at which time he is eligible for parole. His record is reviewed for parole release. Obviously his sentence in Michigan is obstructing his minimum chances in Minnesota. I really can't say what his chances are, I would suspect that Michigan would require the 7 years. This information should be in his file but the final decision will probably not be determined till about 30-60 days before his sentence is up in Minnesota. The detainer stays in the file until the requesting state drops it or it is satisfied.
Sorry I know these are not the answers you were hoping for.
Good Luck
Robin
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