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Inmate at center of early release mix-up is free once again

3 months 3 days 14 hours ago Tuesday, February 20 2018 Feb 20, 2018 February 20, 2018 12:22 PM February 20, 2018 in News
Source: WBRZ

BATON ROUGE - A man who has been in and out of prison over the past few months due to a state error is free once again.

Nickolos Marchiafava was one of about 1,900 inmates released in late 2017 due to sweeping criminal justice reform passed in Louisiana.

Marchiafava was featured in a WBRZ report less than two weeks after his release in December. At that time, he was staying at a homeless shelter as he searched for a job to support himself. According to the Advocate, Marchiafava soon secured a job and stayed out of trouble in the 45 days following his release.

Despite this, he agreed to go back to prison on Jan. 22 after prison officials said Marchiafava's early release was a mistake. The Department of Corrections chalked it up as a "human error."

Now he's been freed for the second time in less than three months, and a DOC spokesperson says this time it's for real.

"The Department detained him in work release to serve the time he owed the state," a department spokesperson told WBRZ. "He has since been released, after serving a part of that time, and getting credit for programming he completed while being detained in work release."

District Attorney Hillar Moore says the confusion surrounding Marchiafava's release and re-release is evidence of a rushed process.

"Probably was with the rush and urgency to get there, not really taking our time," Moore said. "So we're all for safe justice reform and not some speedy reaction."

The district attorney went on to say that of the 1,900 inmates released due to the legislation last year, about 200 are already back in prison.

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