Shock Probation, Split Sentencing, and Judicial Release

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Shock probation and split sentencing generally refer to a sentence for a term of years, but after a brief period served, the offender is released to serve the remainder of the sentence on probation.

While these terms refer to basically the same outcome (some jail, some community) and are often used interchangeably, they are actually very different.

In shock probation, the convicted offender is originally sentenced to jail and then after 30, 60, or 90 days appears before the judge to be "re-sentenced" to probation. It is presumed that this brief time in prison would "shock" the offender into changing his or her criminal behavior. In other words, a small taste of prison could have as much a curative effect as the actual full dose.

In split sentencing, no additional appearance before the judge is necessary since probation is part of the original sentence.

Kentucky Law provides for both felony and misdemeanor convictions to be eligible for Shock Probation including violent offenders and sex offenders.

See Kentucky Laws: Shock Probation in Felony Conviction and Shock Probation in Misdemeanor Conviction

Judicial Release in Ohio

Back in 1965, Ohio became one of the first of 14 states to enact the early release program known as "Shock Probation" which is now referred to as Judicial Release.

Only certain offenders are eligible for Judicial Release. If an offender, for instance, is serving a mandatory term of prison, he or she must first complete the mandatory term before becoming eligible. Other considerations include the type of crime the offender was convicted of, and the date when the offender began serving the sentence.

Contact the Law offices of Lisa Wenzel to see if you or a loved one is eligible for shock probation, split sentencing, or judicial release.

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