Asked 10/1/2016 – Austin, TX

My husband went to court on 8/23/16. The judge ordered him to 90 days ISF. Unfortunately he has to wait for a bed to open. Meaning in the meantime he is sitting in jail at the Travis county correctional complex wasting time away. He found out 2 weeks ago he will be going to the Henderson isf in Texas. Supposedly the ISF coordinator who told him he is going to Henderson also told him the wait is 4 to 8 weeks. He has been in jail since court so he is now in his 6th week. Wednesday 10/05/16 will be the start of his seventh. His lawyer has no answers. I would like to know what happens if it goes past 8 weeks? He just keeps waiting? If so, how long? Also, heard that his lawyer can set a motion to modify sentence. Will that help if he goes past 8 weeks? Also is it true he could complete isf earlier than 90 days once transfer? If so how? What would he need to do to try to come home early?

Answer

Your husband’s attorney has no answers because there are no answers to give. The Judge ordered ISF, and your husband will remain in jail until a bed opens at the facility where he is to be transferred, even if it takes longer than 8 weeks (4 to 8 weeks was just an estimate, there is nothing magical about 8 weeks passing before an inmate is transferred to an ISF facility). Your attorney can request the court to modify the sentence, but that modification may entail jail time instead of probation. I know you are anxious about getting your husband back, but there is no time table to give you. He gets transferred when he gets transferred, he finishes the program when he finishes, and he returns when he returns. There is nothing much you can do to speed up the process.