What is shock probation?
Shock probation is a sentencing strategy offered in some jurisdictions to shock or introduce young offenders to the long-term realities of a criminal career through a short-term visit to prison. Even though shock probation is only offered by a few states, it can be an extremely helpful alternative to a regular prison sentence.
The concept behind shock probation is to shock a defendant with the reality of incarceration. Even though it is structurally very similar to a split sentence, the requirements of shock probation are distinctly different. Like a split sentence, a defendant is sentenced to a period of confinement. Unlike a split sentence, however, a defendant serves a much shorter period of time. After being sentenced, a defendant must a make a motion to be brought back to the original trial court and to be placed on probation. This motion and the hearing on the motion must occur within a relatively short time after the defendant is sentenced and sent to prison, usually around six months. Failure to file a motion in a timely manner can result in a forfeiture of the right to ask for shock probation.
After receiving a timely filed motion, the prison authorities are required to submit a report to the trial court telling the court whether or not the defendant was compliant during the time he was in prison. A good behavior report will improve a defendant's chance of receiving shock probation. The court can either deny the motion (thereby ordering the defendant to complete the balance of the sentence), or grant the motion and place a defendant on straight probation. The decision to grant a shock probation motion is completely within the trial court’s discretion-- as long as the defendant is otherwise eligible to receive shock probation.
Shock Probation Eligibility
Only certain defendants can qualify for shock probation. Shock probation is designed to assist first time or early career offenders. A defendant being prosecuted under a career offender statute would not be eligible. However, a defendant who had previously received a deferred sentence that did not result in a final conviction could be eligible.
Shock probation is also meant to serve as a deterrent for lower level or non-violent offenses. The idea is that if a defendant knows and gets a feel of the eventual consequences of crime, then he will be deterred from committing future crimes. Offenses that would qualify for shock probation include drug, theft, and forgery type offenses. Shock probation is not available for aggravated offenses like aggravated sexual assault or aggravated robbery. Even though a defendant is eligible for a grant of shock probation, he should visit with an attorney before filing the motion to review the advantages and disadvantages of filing a shock motion.
The first major advantage of a judge granting a defendant’s request for shock probation is that the defendant is released from prison after a relatively short time. However, a defendant doesn’t simply get to walk out unfettered. After a motion for shock is granted, a defendant will be expected to understand and follow all of the rules of a regular probation. If a defendant does not follow the rules, he is returned to prison.
The second major advantage of shock probation is the effect of the judgment on future enhancements. For example, in Texas, because the effect of a grant of shock probation is to suspend the sentence, the judgment will not be considered a final conviction for enhancement purposes later. However, the shock probation will prevent a defendant from later making an application for community supervision in a subsequent prosecution.
Shock probation has some definite advantages. However, a defendant should also consider his likely success while on probation and current parole standards. On a low sentence, a defendant could potentially be released on parole in the same amount of time it takes to get a motion for shock probation granted. Depending on the level of supervision in a particular jurisdiction, a defendant may find complying with parole rules easier than complying with the requirements of community supervision.