Ashanti's Stalker Gets Prison Time ... But Chance He Could Walk

3/31/2016 9:05 AM PDT

Ashanti's Stalker Gets Prison Time, But Chance He Could Walk

EXCLUSIVE

Ashanti's stalker might be getting out of prison, even though he was just sentenced to up to 4 years behind bars.

Devar Hurd got 16 months to 4 years prison time, but the catch is that he's already been locked up for 32 months for violating a restraining order. He'll get credit for that time, but the Department of Corrections has to decide if he stays in prison. If they decide his sentence is longer than 32 months ... he'll stay in prison for the difference.

Whenever Hurd does get out ... he can't contact Ashanti, her sister or mother for the next 5 years under the terms of a new restraining order.

Hurd was found guilty earlier this month of felony 2nd degree stalking after sending several X-rated tweets to Ashanti and her sister and even texted an X-rated pic of himself to her mom.

He'd been arrested previously in 2009 for stalking Ashanti.