In many states, first-time offenders have the opportunity to petition for involvement in a type of diversion program known as shock probation. An individual working through a shock probation program spends only a brief period in jail, followed by probation for the remainder of his sentence term.
What is the definition of shock incarceration? In the 1960's, judges in a few states began a program called "shock probation," also known as "shock release," a program where first-time offenders who are sentenced to prison can file an appeal to a judge to be released on probation after spending 30, 60 or 90 days in prison. Thus, the offender could experience the trauma of incarceration without suffering its long-term ill effects. Many states have some type of shock release program in place today.
History of Shock Probation
In 1966, shock probation began in Ohio and involved 4,014 prisoners, who served only the initial 60 to 90 days of their original sentence. The recidivism (committing a crime after release) rate among these prisoners was only 9% - far lower than the average national recidivism rate of 65%. Encouraged by these improved recidivism rates (as well as the cost savings from keeping fewer inmates), Kentucky and Indiana began their own shock probation programs in the late 1960's. Today, Georgia, Texas, Alabama, Iowa and Maine have also adopted statutes specifically allowing shock probation.
"Shock Probation" vs. "Split Sentencing"
In criminal law, split sentencing refers to any state law that allows a judge to divide a convict's sentence between incarceration and probation or parole. For example, a prison sentence that includes a set date for parole eligibility is a split probation sentence because it allows for the possibility of the convict replacing part of his incarceration with parole. Most states allow for this type of split sentencing. While shock probation is a form of split probation sentencing, what sets it apart is the brevity of incarceration involved with shock probation versus the length of time a convicted individual spends in jail with a split probation sentence. Also, shock probation includes a required pre-release program as well as an additional appearance before the judge.
Petitioning for Shock Release
Applying for shock probation begins after you have been convicted of a crime and a prison sentence has been handed down by the judge. To be eligible for the program, you must be a first-time offenders and your crime must be either a non-violent felony or a misdemeanor. It helps if the misdemeanor is non-violent, unless there are extenuating circumstances. Sex offenders are not eligible.
There are a number of ways one can receive shock probation: the jury can recommend it, the judge can decide it at sentencing or a prisoner (usually through power of attorney) can enter petition to the sentencing judge.
If accepted, the prisoner will immediately enter a "bootcamp-style" pre-release program, usually involving strenuous physical exercise, work/vocational assignments, classes in decision making, education and drug rehabilitation. After successfully completing this program (30-90 days long), the prisoner reappears before the judge to be sentenced to probation. During this hearing, the terms of probation are set and the prisoner is released into the community.
The Probation Part of Shock Probation
Once released under shock probation, you remain under probation for a period determined by the judge. Usually, the period is longer than the prison sentence itself would have been. Like parole, convicts out on shock probation are required to stay crime-free and follow any specific additional terms of the probation.
If you successfully pass the probation period, the conviction still goes on your permanent record but at least you managed to escape several months behind bars. If you violate your probation, expect to restart your prison sentence where you left off, along with additional months added to your total sentence and no chance of early release.
Shock Probation's Effectiveness
The original 1966 shock probation recidivism rate of 9% generally holds true today, suggesting that this program successfully "shocks" most first-time offenders away from crime for good. However, this effectiveness owes largely to the discerning eyes of the judges who grant shock probation. On average, nine of every ten applications are rejected, meaning that those accepted truly are "exceptional cases." Also, because each application is reviewed by the judge who oversaw the original trial, the final decision is a truly informed one.