NCJ Number
52262
Date Published
1978
Length
163 pages
Annotation
SPLIT SENTENCE UTILIZATION BY FEDERAL AND STATE COURTS, CASE LAW PERTAINING TO SPLIT SENTENCES, AND GEORGIA'S EXPERIENCE WITH SHOCK PROBATION (ONE FORM OF THE SPLIT SENTENCE) ARE EXAMINED.
Abstract
THE TRADITIONAL SPLIT SENTENCE INVOLVES INCARCERATING AN OFFENDER FOR PART OF THE SENTENCE, SUSPENDING THE REMAINDER OF THE SENTENCE, AND PLACING THE OFFENDER ON PROBATION. OTHER FORMS INCLUDE IMPOSITION OF A PERIOD OF IMPRISONMENT AS A CONDITION OF PROBATION, MODIFICATION OR REDUCTION OF A SENTENCE WITHIN A SPECIFIED PERIOD OF TIME, PRESENTENCE COMMITMENT TO A STATE OR OTHER DIAGNOSTIC FACILITY, AND RESENTENCING OF AN INCARCERATED OFFENDER TO A PERIOD OF PROBATION. THE SPLIT SENTENCE IS AN ATTEMPT TO COMBINE THE ADVANTAGES OF PROBATION WITH SOME OF THE ADVANTAGES OF INCARCERATION. THE LONG-TERM PRISON COMMITMENT AND ASSOCIATED HARDENING OF ATTITUDES ARE AVOIDED, BUT CONSTANT SUPERVISION IS PROVIDED FOR A SHORT PERIOD OF TIME. THE SPLIT SENTENCE ACCOUNTED FOR 5.6 PERCENT OF ALL CONVICTED DEFENDANTS SENTENCED IN U.S. DISTRICT COURTS IN FISCAL YEAR 1976. SINCE 1927, WHEN CALIFORNIA ENACTED THE FIRST SPLIT SENTENCE STATUTE, ALL STATES EXCEPT THREE HAVE ENACTED LAWS AUTHORIZING SOME FORM OF SPLIT SENTENCE. THE FEDERAL AND STATE APPELLATE COURTS HAVE UPHELD THE SPLIT SENTENCE DISPOSITION, ALTHOUGH THE DISPOSITION MIGHT NOT BE UPHELD IN THE ABSENCE OF A SPECIFIC STATUTE OR LEGISLATIVE INTENT. IN GEORGIA, SPLIT SENTENCES WERE IMPOSED ON 3.3 PERCENT OF ALL DEFENDANTS CONVICTED IN STATE DISTRICT COURTS IN FISCAL YEAR 1976. THREE OF GEORGIA'S CORRECTIONAL INSTITUTIONS OPERATE SHOCK PROBATION PROGRAMS, PRIMARILY FOR PROBATIONERS WHO ARE ON THE VERGE OF HAVING THEIR PROBATION REVOKED. THE PROBATIONERS GO THROUGH A MOCK ENTRY INTO THE PRISON AND OBSERVE THE DAY-TO-DAY LIFE OF INMATES. CORRECTIONS OFFICIALS FEEL THE PROGRAMS CAN SERVE AS EFFECTIVE DETERRENTS TO FURTHER CRIMINAL BEHAVIOR. IT IS RECOMMENDED THAT GEORGIA EXPAND ITS SHOCK PROBATION PROGRAMS AND INTRODUCE OTHER SPLIT SENTENCE OPTIONS FOR THE COURTS, AND THAT EVALUATIVE MECHANISMS FOR ALL SHOCK PROBATION AND SPLIT SENTENCE PROGRAMS BE ESTABLISHED. DETAILS OF THESE AND OTHER RECOMMENDATIONS ARE PROVIDED, TOGETHER WITH ANALYSIS OF SPLIT SENTENCING AT THE FEDERAL LEVEL AND IN CALIFORNIA, AND OF SHOCK PROBATION PROGRAMS IN OHIO AND KENTUCKY. JUDICIAL INTERPRETATION OF THE SPLIT SENTENCE IN FEDERAL AND STATE COURTS IS SUMMARIZED, WITH EMPHASIS ON INTERPRETATION OF OHIO'S SHOCK PROBATION STATUTE. STATISTICS ON SPLIT SENTENCE UTILIZATION BY THE FEDERAL COURTS AND IN GEORGIA ARE PRESENTED. EXCERPTS FROM STATE STATUTORY PROVISIONS FOR SPLIT SENTENCES, CASE CITATIONS, AND A BIBLIOGRAPHY ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--LKM)