This time, the crime may be worse. It is hoped that the initial experience of prison will provide an effective deterrent to recidivism. THE JUDICIARY VIEWS IT AS A SENTENCING ALTERNATIVE WHICH ALLOWS FOR LATER REVIEW, ALTHOUGH CORRECTIONS AND PROBATION PERSONNEL SEE IT AS HAVING A FUTURE DETERRENT EFFECT ON CRIMINAL BEHAVIOR, AND LAWYERS VIEW IT AS A LEVEL IN PLEA BARGAINING. The defendant may move the court for a shock probation, or the jury may recommend it. Restrictions and Rules. Shock probation involves the judge retaining jurisdiction over the defendant for 180 days from the date the jail time actually begins. He can hire a lawyer to help him or do it on his own. Shock probation allows a judge to send a defendant to prison or jail for a short period of time, and after that stint is served, put the defendant on probation. Marketplace: How much does it cost to send someone to prison? NOTES ARE CITED. And the defendant automatically become ineligible for shock probation once the 180-day period has expired. Theyre realizing that traditional periods of incarceration have not done anything, Hartley said. texas journal of corrections volume: 5 issue: 5 dated: (september/october 1979) pages: 10-13,20,21. author(s) t c sims. A . "Shock probation" or more accurately "shock community supervision" is a provision in the Texas Code of Criminal Procedure that allows a judge to temporarily send a defendant to prison or jail before returning him or her before the court and sentencing him or her to community supervision. Since shock probation cuts a defendants jail time, the state doesnt have to pay for that person to be in jail, which averages more than $31,000 per prisoner nationwide. It can also be used to reward good behavior. on November 11, 2014, Manufacture Or Delivery Of A Controlled Substance, Tampering With Or Fabricating Physical Evidence, Prohibited Substances And Items In Correctional Facility, Driving While Intoxicated With A Child Passenger, Injury To A Child Elderly Individual Or Disabled Individual, Interference With Emergency Request For Assistance, Texas Criminal Defense Lawyers' Association, National Association of Criminal Defense Lawyers, Austin Criminal Defense Lawyers Association. United States Federal Sentencing Guidelines, https://en.wikipedia.org/w/index.php?title=Shock_probation&oldid=1058941478, This page was last edited on 6 December 2021, at 14:19. By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair, John Floyd is Board Certified in Criminal Law by the Texas Board of Legal Specialization. TX 78701, 1000 Heritage Center Cir The application and decision of the court must occur before the individual has been in custody for six months. Shock probation or shock community supervision is an alternate type of sentencing or early-release program in the Texas Code of Criminal Procedure. At the hearing, the defendant and attorney for the state must be given an opportunity to present evidence in support or opposition of the request. For instance, it can traumatize young people, since they are separated from their families and subjected to the harsh reality of jail.
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