| Imposing
a non-incarcerative sentence. |
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| It
was a priority of the commission to integrate intermediate
sanctions into the sentencing guidelines so that the guidelines
may provide a framework for sentencing a defendant to intermediate
sanctions and for the development of intermediate sanctions.
The commission worked closely with the Office of Community
Corrections (OCC) to ensure that there would be compatibility
between the sentencing guidelines and the planning and development
efforts of OCC. |
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| An
intermediate sanction is defined as a non-incarcerative sentence,
or portion thereof, which includes a level of restriction,
such as standard probation, intensive supervision probation,
community service, home confinement, and day reporting, and
which may be coupled with components, such as residential
programming, substance abuse treatment, restitution, continuing
education, vocational training, special education, and psychological
counseling. |
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| The
commission adopted the concept of a continuum of intermediate
sanctions, according to the severity of the punishment or
constraint on personal liberty associated with the sanction,
and identified four levels of intermediate sanctions, as follows:
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Level
IV - 24-Hour Restriction
The offender is subject to 24-hour restriction/accountability
of his whereabouts. This represents the maximum level of restriction/accountability
short of incarceration.
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|
Level
III - Daily Accountability
The offender is subject to daily accountability
of his whereabouts. This represents the level of restriction/accountability
that falls in between 24-hour accountability and standard
probation supervision.
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Level
II - Standard Supervision
The offender is subject to weekly accountability
of his whereabouts. This represents the level of restriction/accountability
that is typically associated with standard probation supervision.
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Level
I - Financial Accountability
This represents the level of restriction/accountability
that is typically associated with administrative probation.
It is primarily designed to monitor the timely payment of
restitution, fines, victim/witness fees, and the like, by
the offender.
|
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| As
noted earlier, there are three sentencing zones on the grid:
an intermediate sanctions zone (green zone); a discretionary
zone (yellow zone); and, an incarceration zone (red zone).
Ordinarily, sentences to intermediate sanctions would occur
for a defendant in the intermediate sanctions zone or the
discretionary zone. Sentencing to intermediate sanctions is
permissible for a defendant in the incarceration zone, but
such a sentence would constitute a departure from the guidelines,
and, as such, would require written reasons by the judge,
as described in the following section. |
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|
Imposing an
Intermediate Sanction
Intermediate sanctions are to be imposed as a condition
of probation. As under current law, there is no limit on
the length of the probation period that may be imposed.
To impose such a condition the judge must specify:
|
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| (1) the
intermediate sanction level at which the offender will start
serving the term of probation and may include a minimum period
during which the offender would be required to be supervised
at that level; and, |
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| (2) any
program components in which the offender is required to participate
(e.g., drug and alcohol counseling). |
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| |
illustration
7: A defendant is convicted of Possession Class B Substance,
a level 2 offense. Based on the defendant’s record of
convictions, the defendant’s criminal history is determined
to be category B or Moderate Record. The grid cell which represents
the intersection of level 2 and category B is in the discretionary
zone including an incarceration sentence range of 0 to 6 months
and intermediate sanction levels IS-1 to IS-III. Without departing,
the judge could impose a sentence of 12 months probation to
begin at IS-III for a period of no less than 3 months. |
|
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| The
supervising probation officer, may in his or her discretion
move a probationer down in level(s) in appropriate circumstances,
without judicial consultation, consistent with any special
conditions or time restrictions that may have been specified
by the judge. Such a reduction in the intermediate sanction
level by a probation officer may not go below the guideline
levels set forth in the grid cell in which the offender was
sentenced. |
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| The
supervising probation officer may also move a probationer
back up in level(s) to the original level set by the judge.
Only a judge, however, has the authority to increase an intermediate
sanction level beyond the original level or add program components. |
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| Considerations |
Distinction
Between Sanctions and Programs
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|
The commission
distinguished between an intermediate sanction, which refers
to the degree of restriction or constraint on personal liberty
imposed by the order of the court, and a program, which
may be a component of an intermediate sanction. For example,
an intermediate sanction - such as day reporting, house
arrest and electronic monitoring - may incorporate a program
- such as job training, education, and any treatment - but
such a program is not the sanction.
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|
Illustration
8: If a judge requires, as a condition of probation, an
offender to report daily to a day reporting center, that is
a restriction on personal liberty and is considered a sanction.
While there, if the offender engages in substance abuse treatment
or job training, or attends AA meetings or GED classes, those
are programs.
Program
components, such as drug and alcohol counseling, education,
and job training, are available at every level of intermediate
sanction.
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Excluded
Offenses
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In some
cases a defendant may not be eligible for intermediate sanctions
under any circumstances due to the nature of the offense
(e.g., Escape From State Work Release Program). These offenses
are noted on the Master Crime List.
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Fines
and Restitution
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| When
appropriate a judge should order fines or restitution or both
as part of any sentence. Restitution to the victim should
be a priority of the judge at the time of sentencing. |
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|
Probation
Revocation
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| The
sentencing guidelines do not apply to incarceration sentences
imposed at a probation revocation hearing - i.e., the judge
may impose any sentence up to the statutory maximum. |
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