Misdemeanor sanctions
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Misdemeanor Sanctions. Making a Difference. Purpose of Misdemeanor Sentencing. To protect the public from future crime by the offender and others (emphasis added) To punish the offender. Judge ’ s Discretion.

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Misdemeanor Sanctions

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Misdemeanor sanctions

Misdemeanor Sanctions

Making a Difference


Purpose of misdemeanor sentencing

Purpose of Misdemeanor Sentencing

  • To protect the public from future crime by the offender and others (emphasis added)

  • To punish the offender


Judge s discretion

Judge’s Discretion

  • Unless mandatory jail or another specific sanction is required the court has discretion to determine the most effective way to achieve the purposes of sentencing and may impose any sanction or combination of sanctions.


Misdemeanor sanctions making a difference

JAIL

  • Minor Misdemeanor- None

  • 4TH Degree Misdemeanor – 30 days

  • 3rd Degree Misdemeanor - 60 days

  • 2nd Degree Misdemeanor – 90 days

  • 1st Degree Misdemeanor – 180 days


Work release or intermittent confinement

Work Release or Intermittent Confinement

Except for mandatory terms the court may:

  • Permit intermittent confinement, overnight, on weekends or at any other time to allow the person to keep their job or care for their family

  • Allow release so that the person can seek or maintain employment, receive education or training, receive treatment, perform community service, or otherwise fulfill an obligation imposed by law or by the court


Fines

FINES

  • Minor Misdemeanor- $150.00

  • 4TH Degree Misdemeanor - $250.00

  • 3rd Degree Misdemeanor - $500.00

  • 2nd Degree Misdemeanor - $750.00

  • 1st Degree Misdemeanor - $1,000.00


Driving privilege sanctions

Driving Privilege Sanctions

  • If authorized by law, suspension of driving privileges, immobilization or forfeiture of a vehicle or any related sanction


Community service

Community Service

  • Community Service up to five hundred hours for a 1st Degree Misdemeanor and up to two hundred hours for 2nd, 3rd, and 4th Degree Misdemeanors


Restitution

Restitution

  • Court can order restitution

  • A 5% fee can be charged to collect restitution


Community control sanctions

Community Control Sanctions

  • Community Control Department


Except when a jail term is required by law the court has several options

Except when a jail term is required by law the court has several options

  • Directly impose a sentence that consists of one or more community control sanctions

  • Impose a jail term, suspend all or a portion of the jail term imposed, and place the offender under a community control sanction

  • The duration of any community control sanction may not exceed five (5) years


Three types of probation

Three Types of “Probation”

  • Intensive Probation Supervision

  • Basic Probation Supervision

  • Monitored Time (Good Behavior)


Intensive probation supervision

Intensive Probation Supervision

  • Requires the person maintain frequent contact with the probation department while the offender is seeking or maintaining necessary employment and participating in training, education and treatment programs as required in the court’s order


Basic probation supervision

Basic Probation Supervision

  • A term of basic probation supervision defined as a requirement that the offender maintain contact with a person appointed to supervise the offender in accordance with sanctions imposed by the court


Monitored time

Monitored Time

  • A term of monitored time defined as a period of time during which the offender continues to be under the control of the court subject to no conditions other than leading a law-abiding life (i.e. good behavior)


Community residential sanctions

Community Residential Sanctions


Halfway house

Halfway House

  • Serving all or a part of the jail term in a halfway house (if the political subdivision that would have responsibility for paying the costs of confining the offender in a jail has entered into a contract with the halfway house for use of the facility for misdemeanor offenders)


Alternative residential facility

Alternative Residential Facility

  • Serving all or a part of the jail term in an alternative residential facility.

  • Any facility other than the offender’s home that (a) provides programs through which the offender may seek or maintain employment or may receive education, training, treatment or habilitation and (b) has received licensing or certification from the governmental agency responsible for certification or licensing


Release and other options while serving a residential sanction

Release and Other Options While Serving a Residential Sanction

Same option as jai release:

  • Permit intermittent confinement, overnight, on weekends or at any other time to allow the offender to continue at the offender’s occupation or care for the offender’s family


Continued

-continued-

  • Allow release so that the offender may seek or maintain employment, receive education or training, receive treatment, perform community service, or otherwise fulfill an obligation imposed by law or by the court

  • Order that part of the offender’s wages while on release be applied to any financial sanction imposed


Nonresidential sanctions

Nonresidential Sanctions

Nonresidential sanctions include but are not limited to the following that may be imposed alone or in combination:


Day reporting

Day Reporting

  • Requires an offender to report to and leave a center or other approved reporting location at specified times in order to participate in work, education or training, treatment, and other approved programs at the center or outside the center


House arrest

House Arrest

  • House arrest with or without electronic monitoring


Drug treatment program

Drug Treatment Program

  • A term in a drug treatment program with a level of security for the offender as determined necessary by the court


Drug and alcohol use monitoring

Drug and Alcohol Use Monitoring

  • A term of drug and alcohol use monitoring


Curfew

Curfew

  • A curfew may be imposed


Employment

Employment

  • A requirement that the offender obtain employment


Education or training

Education or Training

  • A requirement that the offender obtain education or training


Victim offender mediation

Victim-Offender Mediation

  • Victim-offender mediation with the approval of the victim


Counseling

Counseling

  • Counseling including but not limited to family violence counseling


Other sanctions

Other Sanctions

  • Any other sanction intended to discourage the offender or other persons from committing a similar offense if reasonably related to the purposes of sentencing


Early intervention

Early Intervention


Misdemeanor case conditions of bond

Misdemeanor Case- Conditions of Bond


Conditions of bond

Conditions of Bond

  • Criminal Rule 46 permits a Judge to place conditions on a person’s release from jail on bond


What conditions can the judge set

What conditions can the Judge set?


Place the person in the custody of a trusted person or organization

Place the person in the custody of a trusted person or organization

  • Place the person in the custody of a designated person or organization agreeing to supervise the person


Place restrictions on where the person can live and who they can associate with

Place Restrictions on where the person can live and who they can associate with

  • Place restrictions on the travel, association, or place of abode of the person during the period of release


House arrest or work release

House Arrest or Work Release

  • Place the person in a work release program

  • Place the person on house arrest


Control contact with victim

Control contact with Victim

  • Regulate or prohibit the person’s contact with the victim

  • Protection Order or No Contact Order


Control contact with witnesses or others

Control contact with witnesses or others

  • Regulate the person’s contact with witnesses or others associated with the case upon proof of the likelihood that the person will threaten, harass, cause injury, or seek to intimidate those persons


Attend alcohol or drug treatment

Attend alcohol or drug treatment

  • Require a person who is charged with an offense that is alcohol or drug related, and who appears to need treatment, to attend treatment while on bond.


Any other condition reasonably necessary to ensure appearance or public safety

Any other condition reasonably necessary to ensure appearance or public safety

  • Any other constitutional condition considered reasonably necessary to ensure appearance or public safety


Role of community control department with conditions of bond

Role of Community Control Department with Conditions of Bond

  • The community control department monitors compliance with conditions of bond just as they monitor compliance with terms and conditions of probation post conviction


Thank you

Thank You


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