What is RRRI? How does it get Pennsylvania prisoners out of jail early, without seeing the parole board?
Recidivism Risk Reduction Incentive (RRRI) (pronounced triple R I) is a new sentencing program that gives mostly non-violent offenders an opportunity to get out of jail early, without meeting Pennsylvania’s parole board (which is notoriously slow and problematic) if they comply with a host of requirements.
If you have any prior history or open cases involving violent crimes, including personal injury crimes, sex crimes, and Megan’s Law offenses, you are ineligible as a a matter of law, unless your attorney can convince the District Attorney to waive the ineligibility. The program is agreed to at the time of sentencing, and requires that you serve a state sentence and be supervised by the Pennsylvania Department of Corrections.
If you are deemed RRRI eligible by your trial judge, you get past classification and go to your base state correctional institution, you will be given a list of classes and tasks to perform to become a RRRI candidate. If you do these things, you will be eligible at your RRRI parole date.
The benefit is that you will be paroled much earlier than you would if you were not serving a RRRI sentence. If you receive a sentence of 3-6 years or less, your RRRI minimum will be 3/4 the value of your minimum. If your sentence is greater than 3-6 years, your RRRI minimum will be 5/6 of your minimum. Not only are you eligible to be paroled to the street earlier this way, but you will be “presumptively paroled” on that date. This means that you don’t have to wait for the parole board to get around to see you (which can happen months after your eligibility date) nor risk that they won’t parole you once they finally so see you (a fate that is very common).
The effect of the RRRI program is that a prisoner sentenced to 3-6 years in a state correctional institution, who previously might have served 39 months or much more, will now be automatically paroled at 27 months, for a discount of a year or more of his life.
51 comments:
My fiance caught a case on may 22, 2008. He was found with 499 grams of cocaine and there was two firearms found in his apartment. One firearm was legally under his name and the other firearm was not his. But because it was in his apt he was charged with having a firearm. This was my fiances first offense. He never committed a crime with a firearm. His crime was not a violent crime. Yet they denied him the Triple R.I. I don’t understand why. A firearm was found but not in his person. He was very cooperative with police. Gave them no problems. Why is he not eligible for this program?
I was wondering when this came into effect. I was told by my husbands attorney that this was new since 1/28/10. Is that true?
It is not unusual for someone to be made “eligible” for RRRI even if they are not. If the correct procedures are followed this can work, but if they are not it won’t. Call us for a consultation.
My son received RRRI but was classsified. He has done 3/4 of his sentence as of this week. He had a parole hearing in October and was told he would hear something in 4 – 8 weeks. We still are waiting. I called the inmate inquiry and they told me he was a “violent” offender. If he is how could he be eligible for RRRI? He has done all the classes required of him. He has served 23 months, it is time for him to come home.
My boyfriend was given RRRI during sentencing. He went to camp hill, then to his home jail. He asked a counselor about the status/progress concerning the RRRI. His counselor then responded back saying that he didn’t Have RRRI. He showed the paperwork saying he did. Could that be a mistake or could the judge have taken it away? What should he do?
Call us and we can review the paperwork to find out if they are correct.
If the knife was considered a deadly weapon, which is likely, then he is likely not eligible for RRRI. You should submit the paperwork from NJ to a qualified Pennsylvania Lawyer for review to determine whether he is eligible or not.
My boyfriend was sentenced to 15-30 months. The judge stated that he may not be eligible for RRRI because of a weapons charge in the state of New Jersey. The weapons charge was a class 4 felony, possession of a knife, does that make him ineligible?
My fiancé was issued a 3/10 sentence in a state correctional facility in Pennsylvania, he has drug charges. He had no weapons and when I looked up his court summary it said rrri ineligible, could that be changed? He served 8 months so far and is taking classes and learning a trade. If he becomes rrri eligible when would he be up for parole?
You will need to have an attorney review the sentence sheet and affidavit of probable cause to determine why he was ineligible and if a mistake was made. If a mistake was made then it is possible that this is an illegal sentence, which is not waivable. That would mean that even though you are past the appeal deadline it can still be raised. Remember there is a one year deadline to file a PCRA as well. Good luck. Steve
my question is my husband got rrri his sentence was 4 i a half to nine so how much would he actually do ?
Four and one half years is 54 months. RRRI would reduce his minimum to 45 months, which is when he should be presumptively paroled. Best of luck. Steve
if a person already had there sentencing can they still get RRRI? I think this is a great program and hopefully the programs they are required to do are hard programs for them to complete and want to change as a mental health tech I think this is wonderful for non violent offenders. But if already sentenced and they didn’t bring this up at court there should be a way for them to be able to still get the benefit.
I don’t think you can get RRRI unless the sentencing Judge specifies eligibility on the Order. The good news is that if someone was eligible and it was not done you could probably get relief through appeal or PCRA since an issue pertaining to the legality of sentencing is never waived. Contact us if you want to go over the details of your case.
My daughter’s father received a mandatory 5 year sentence for drug possession with the intent to deliver (marijuana) and possession of a firearm (bb gun that police say were found on top of the marijuana). He has already served over 2 yrs. At this point, is there anything that can be done to see if the district attorney would wave the eligibility requirement for him to become eligible? He’s also being told about something called “good-time” were a certain amount of time is knocked of a sentence for each year the person completes as long as they maintain good behavior. Do you know anything about this?
Thanks for your help!
Unfortunately it is not likely that anyone can help you on either count. The RRRI sentence must be imposed at the time of sentencing. If a defendant is not given RRRI even though he is entitled to it then it becomes an illegal sentence which can be challenged at any time, but if the DA did not have to agree then it is not an illegal sentence. The only possible solution here would be to try to get the DA to agree to it after the fact, which is unlikely enough that I would not want to take your money to attempt that absent some strongly compelling circumstance. In Montgomery County and Bucks County, where I do most of my work, you can get good time on a county sentence. I am not familiar with a “good time” program (other than RRRI) in state prison.
Thank you. I appreciate your reply!
So my fiance was released to a halfway house and endd up leaving before he was released. He has been on the run for almost 5 yrs and was just picked up on an outstanding misdamenor warrent in a different state. They are extraditing him back to pennsylvania. His original charges were non violent. Would he be eligible for RRRI going back in?
He would not be eligible because he was not originally sentenced to RRRI. He could only get that if he found a way to be re-sentenced. Get a good lawyer.
So pretty much he is going to have to do the two yrs remaining on original sentence plus whatever additional time he gets for fleeing the halfway house?
That part is up to your lawyer and a lot of variables, but he won’t be eligible for RRRI on the original sentence.
Ok. Thank you for your responses i just wanted to see what to prepare myself and our children for.
My girlfriend got 15 to 36 mnths and RRRI eligible in 9mos. She got into a fight but it was foiund that the fight was not her fault but her RRRI date was 12/26/12 but since she was in the hole he couldn’t get out on that date she has to see the parole board now because she missed her date…she has to get one vote for parole. what is the chances she will be released? it was said that she didn’t actually loose her date but the board could give her a hit for the fight even though it was shown not her fault on the tape. I want to know what to expect. cn she have on offense on the program?
RRRI can result in presumptive parole, but it does not absolve the inmate for any bad conduct while in prison. Imagine the inmate murders another inmate during incarceration – they are not going to let her go at her RRRI date. Where someone is in the hole at the presumptive release date she will not be released and release will likely be delayed a period of months, though there is no set time frame.
Hello, I came across this website and was pleasantly surprised to see some great information. I thought I would inquire more info considering I am experiencing the same circumstances. My boyfriend is currently serving a 5-10 sentence for drug possession and intent to deliver. It is considered a non violent crime and he tells me he is eligible for triple RI. He already served 28 months. When is he eligible for
this program? And, is there any new programs or incentives he may be offered since he is a nonviolent offender and is an honor block inmate with no bad behavior and first time offender? Thank you for your time
If he is otherwise eligible for RRRI then he should file a PCRA (late) arguing that he was given an illegal sentence. If he got a five year mandatory based on weight or a gun then he is likely not eligible, but otherwise, depending on any prior record, he probably is eligible. You don’t get RRRI unless it gets marked on the sentence sheet at the time of sentencing. Good luck. Steve
If someone is sentenced to 3 -6 years in Pa and already have time served of 2 to 3 months, are eligible for RRI, do you think the SIP program is a better choice to try for? The 3 to 6 years is from 2 county charges that are going to be served concurrent.
SIP would be better because it is a flat 24 month sentence and typically it starts with just 7 months of therapeutic treatment/detention and then steps down security from there.
Does he have to be offered SIP or can his lawyer suggest it. Do they offer it after classification ever?
I don’t think he can be offered it – I think it has to be done at the time of sentencing. You should contact his original lawyer and ask why he did not get it – there may be a good reason.
I wish we had retained you. I asked both his lawyers several times and one said he had not been offered it, the other didn’t even know what it was at first. This is his first and last offence, nonviolent marijuana offence but the weight was above 10 lbs in each county so he was looking at 2 different counties with a mandatory of 3 years each. The lawyers just kept saying that 3 years was the mandatory and the fact that he can serve them together was the best they could do. The first lawyer talked him into accepting a guilty plea deal at the first preliminary and the second said his hands were tied from that. I watched a court for the entire day and the judge pretty much agreed with every deal that was put forth from the prosecution. So now being in this so close I realize its all about how the lawyer handles it. After he is not state property )maybe sooner) I am going to be the biggest activist against min. Mandatory for marijuana and the “true to sentencing” bill Gov. Corbett applied. It seems there is no forgiveness for first time non violent offence other than the RRRI. In NY this would have been 9mos. From the gravity score,maybe even parole. I will definately recommend you to anyone I can. You seem to be one lawyer that knows the law. I wish I found you $20,000 and 3 months ago.
My son was authorized RRRI by the judge as part of his 1-5 yr. sentence for DUI. He has successfully completed the RRRI program, has been a model prisoner and has gotten in absolutely no trouble. 3/4th of his minimum sentence has expired, yet nobody has said anything about his release. Shouldn’t he be getting released after 3/4 of his sentence has been completed? And shouldn’t he be able to bypass the parole board? Seems they aren’t following the rules.
That is the problem with any of the prison programs. They often have final say in how or why something is implemented or not, so there is no consistency. For instance, I have seen that the SIP program suggests that you do 7 months in prison before being released to a half-way house, but often the inmate sits for months before starting the 7 month portion of the sentence, which effectively lengthens the 7 month incarceration. You may want to hire a lawyer to investigate why your son has not been released, or perhaps contact the parole agent, the prison, or the Pennsylvania Commission on Sentencing to see if anyone can explain why this is happening. Steve
My fiance is awaiting sentencing and we are trying to determine if he will be eligible for RRRI; however we have been unsuccessful in determining if he is indeed. He pleaded guilty to possession of cocaine and possession with intent to deliver of an amount all together of 171 grams; however he was indicted in the past for possession of firearms and to me I don’t believe it is considered a violent crime as it wasn’t with deadly force but I am not certain as the information I have been seeing online is not concrete. I hope you can help me or point me in a direction where I can find out, anything will help. Thanks!
The possession of firearms charge makes him clearly ineligible – it does not have to be a violent crime if he was convicted of any offense under the Uniform Firearms Act. You should have a good lawyer in your jurisdiction render an opinion on whether the DA might agree to waive the disabling offense and whether DOC will honor that waiver or not.
Hello I am still trying to get a clear a clear understanding on my boyfriend’s sentence. He was sentenced to 5-10 but RRRI eligibility. I called to ask his counselor about the program. He said the judge who sentenced him has nothing to do with the final decision if he’s accepted or not. But im confused on how much time this program takes off his sentence. Maybe you could tell me how much of his sentence he has to complete with the RRRI program.
The answer to this one is actually contained in the blog post above – an inmate who gets a minimum sentence of 3 years or less is supposed to be presumptively paroled at 75% of the minimum sentence (the lower of the two numbers in the sentence). An inmate sentenced to more than 3 years for the minimum component of the sentence must serve 5/6 of that time before presumptive parole.
hello, I don’t quite understand how the program works… If a prisoner is sentenced to a min of one year with RRRI making the new min 9 mos, and has approx. 4 mos time served at the county level will that go towards the one year min, or would the time not actually start until moved to the state prison? Any help would be greatly appreciated!
The four months time-served prior to sentencing is deducted from the RRRI sentence, meaning that the inmate is eligible for presumptive parole after 5 more months under your scenario (total of 9 months in jail). If the terms of RRRI are not complied with then he is eligible for parole after completing the one year minimum (8 months after sentencing). Hope this helps. Steve
I think the confusion lies with the fact that pre-sentence time does not count for the SIP program. Further, all of the RRRI programs have to be completed before release, so if someone does not have sufficient time in state prison to complete them then he won’t be released at his RRRI minimum.
One final comment – I contacted the Pennsylvania Commission on Sentencing and learned that the programs are long enough that inmates should plan on having about a year to complete them. Inmates who enter state prison with less than a year to serve on RRRI sentences tend not to finish in time to be released at the RRRI minimum.
Hi my fiance is currently in jail his sentence is 9 months to 3 years his sentencing judge gave him the triple ri program he has been in for almost 5 months he is in his home jail an his minimum is june 4th. He wrote me a letter saying he won’t see parole board until August an in his state case it says nothing of the triple ri program why is this an why does he have to wait till August
You should have a lawyer review his sentence sheet to see what he was sentenced to there and make sure that the prison is aware of what his sentence is supposed to be.
My Boyfriend Was Sentenced 15/30 Months State Time With Time Served &’ Triple RI He Went In Dec.6 &’ Is Being Sentenced Today May 2nd So How Much Time Would He Do. ?
11 months 8 days if all goes well.
My son was sentenced with the triple R-I DEC 29 2012 1 to 4 years it’s now May 4th and he still has not see parole and is still at the classification Prison he has been classified for sometime now. He’s volunteers for what ever he could and finally gotten a tear working job. making no cense to could you please help me understand what happening
There could be lots of other factors at work here – read through the earlier postings about the delays in getting into the programming, whether he spent all his time in state prison or some in the county, how long of a delay in his sentencing, and whether he has any misconducts. For more specific information pertaining to him you would have to call the prison yourself or hire us to do it. Thanks, Steve
If someone is convicted of a sex crime and is not eligible for RRRI, does that mean there is no way to be released prior to serving their minimum sentence and meeting with the Parole Board?
Practically speaking such a person is not likely to be released before his minimum date.
My boyfriend just got.sentenced 1/3yrs,on a county parole violation .he is eligible For rrri and has 8 1/2 months in county.he.hasnt got shipped To.gratorsford yet but is waiting.will he.move.from there or get classified there To.get.released.also all this talk about summaries not.reading the.same as First.stated is scaring me.so he totally bypasses the.po board? And just.gets a date.
He might stay at Graterford or might be moved to Camp Hill. He will bypass the parole board unless he is still incarcerated when they otherwise might parole him.