When to file a motion for shock probation in Kentucky?
For example, a person who is convicted by a Kentucky court must file a motion for shock probation within 30 to 180 days from the date of conviction. The court has to consider such a motion within 60 days of filing, and pronounce the verdict within ten days from the date of considering the motion.
What is shock probation?
In shock probation, the offender is sentenced to imprisonment, but is brought before the judge after completion of a few months in the prison. He is then re-sentenced to probation.
Who is eligible for shock probation?
Usually, young and first-time offenders receive shock probation, provided they are not convicted for grave offenses like homicide, rape, or robbery. So, shock probation is mainly granted for non-habitual offenders who are convicted for non-violent offenses.
When does a person go on probation for a criminal offense?
(1) When a person who has been convicted of an offense or who has entered a plea of guilty to an offense is not sentenced to imprisonment, the court shall place him on probation if he is in need of the supervision, guidance, assistance, or direction that the probation service can provide.
How does shock probation work in Kentucky?
The statute permits any district or circuit court to grant shock probation "upon motion of the defendant made not earlier than thirty (30) days after the defendant has been delivered to the keeper of the institution to which he has been sentenced." The court may "suspend the further execution of the sentence and place ...Mar 4, 2019
What type of offender is shock probation most used for?
Shock probation is most commonly used in cases involving:Juvenile offenders.Young offenders.First time offenders, and.Individuals arrested for relatively-minor crimes (e.g., some or theft drug offenses).Nov 6, 2018
What is shock treatment in jail?
Shock probation is the US legal policy by which a judge orders a convicted offender to prison for a short time, and then suspends the remainder of the sentence in favor of probation. It is hoped that the initial experience of prison will provide an effective deterrent to recidivism.
What is a major difference between split sentencing and shock probation?
In shock probation, the offender is originally sentenced to jail, then brought before the judge after 30, 60, or 90 days and re-sentenced to probation (Ohio scheme). In split sentencing, probation is part of the original sentence requiring no additional appearance before the judge (California scheme).
How does shock probation differ from traditional probation?
Shock probation differs fundamentally from ordinary probation. In shock probation, the court sentences the defendant to a full term of incarceration—five years in prison, for example. After a certain minimum period of time—typically 30 to 90 days—the defendant can apply for shock probation.Jul 26, 2021
Which is an example of shock incarceration?
Commonly known as "boot camp prisons" due to their military-style orientation, shock incqrceration programs are designed to confine inmates fur a short period of time (90 to 180 days) in a highly regimented program of strict discipline, military drill and ceremony, and physical exercise.
What are drawbacks of shock incarceration?
"Con" team members note that shock incarceration is particularly psychologically injurious for those who may be physically or psychologically handicapped, since their inability to comply with program demands increases their punitive treatment and further lowers their self-esteem.
How effective is shock incarceration?
The findings reveal that shock incarceration appears to be an effective program in changing attitudes toward the use of alcohol but has little impact on attitudes toward illicit drug use.
Why is shock incarceration effective?
Shock incarceration is strongly supported in New York State because of its intensive emphasis on both discipline and therapy and its cost-effectiveness. In 6 months, shock incarceration provides a far better chance of rehabilitation than a custodial sentence and also saves taxpayers money.
What does a 6 month suspended sentence mean?
A suspended sentence is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation.
What is shock probation quizlet?
Shock Probation - incarcerate for a short period followed by supervision within the community (period).
What does informal probation mean?
Summary probation (also called informal probation) is an alternative to jail in misdemeanor cases whereby you get supervised directly by the court rather than reporting to a probation officer.
How long does it take to get shock probation?
The statute permits any district or circuit court to grant shock probation "upon motion of the defendant made not earlier than thirty (30) days after the defendant has been delivered to the keeper of the institution to which he has been sentenced.". The court may "suspend the further execution of the sentence and place the defendant on probation ...
Why is shock probation important?
It is important when considering shock probation to have a plan regarding why your judge should grant you the priviledge of shock probation. It is also import to convince the prosecution and any possible victims in your case to possibly support the motion if possible.
Is shock probation reviewable?
Like misdemeanor shock probation, the circuit court's decision is not reviewable on appeal. The same arguments for shock proabtion in misdemeanor cases apply in felony shock probation. However, you should have an even stronger argument for why the Court should probate you on your felony offense.
Can you be held in jail for shock probation?
If you are held in the county jail you shall not be subject to transfer to a state correctional facility until the decision is made not to place the you on shock probation.
Can a violent offender be probated?
If you are a violent offender (as defined in KRS 439.3401), the sentence can not be probated. You are not elligible for probation if you have been convicted of:"1. A violation of either KRS 507.040 or 507A.040 and a violation of KRS 189A.010 arising out of the same incident; or2. A violation of either KRS 507.050 or 507A.050 and a violation of KRS 189A.010 arising out of the same incident. (5) If [you have] been convicted of an offense under KRS 510.050, 510.080, 530.020, 530.064 (1) (a), or 531.310, or criminal attempt to commit any of these offenses under KRS 506.010, the sentence shall not be suspended, in accordance with KRS 532.045."
What is probation in criminal justice?
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Statute: A law passed by a legislature. ...
What happens if you get probation with an alternative sentence?
Upon completion of the probationary period, probation with an alternative sentence, or the period of conditional discharge, the defendant shall be deemed finally discharged, provided no warrant issued by the court is pending against him, and probation, probation with an alternative sentence, or conditional discharge has not been revoked. ...
What is an appeal in Kentucky?
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal.". One who appeals is called the appellant.
Regular Conditions
All regular felony offenders must abide by a set of rules known as the Conditions of Supervision. The conditions that all felons must follow include:
Special Conditions
The court or parole board may order special conditions of supervision to be added to the standard conditions above. Some examples of the these might include:
Supplemental Conditions for Sex Offenders
In addition to the conditions listed above, convicted sex offenders may be required to abide by additional conditions. Examples of these conditions are:
