Motion Probation Court For Shock
Description
How to fill out Motion To Release On Earned Probation?
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FAQ
What is Shock Probation? The idea behind shock probation is to give youthful offenders a glimpse into the realities of incarceration in order to deter them from future criminal conduct. For states that use shock probation, an offender is sentenced to a period of confinement in a locked facility.
In shock probation, a convicted offender is sentenced to prison and starts serving their sentence. After three to six months, the judge re-sentences the prisoner to probation, and the prisoner is released under supervision.
Shock probation is granted by the judge who originally sentenced the defendant to jail time ? and it must be within 180 days of the original sentencing. The defendant, prosecutors, or judge can make a motion to place the defendant on shock probation. If the motion is made by the defense, it must be made in writing.
HOWEVER, SHOCK PROBATION AND PAROLE ALSO HAVE DISADVANTAGES: THE TENDENCY OF JUDGES TO IMPOSE IMPRISONMENT RATHER THAN REGULAR PROBATION, ON THE GROUNDS THAT OFFENDERS CAN TAKE ADVANTAGE OF THE SHOCK PROGRAMS; GREATER DISCRETIONARY POWER FOR JUDGES AND PAROLE BOARDS; HOSTILITY AND RESENTMENT FROM POLICE, PROSECUTORS, ...
The court has 60 days from the filing date of the motion to consider whether to grant shock probation. A ruling must be entered within 10 days of considering the motion. If the judge grants the shock probation motion, the person is released from jail and serves the remainder of their sentence on probation.