A split sentence in criminal law involves mandatory time in prison followed by probation. The defendant may be required to complete tasks and refrain from certain behaviors. Split sentencing is often used for first-time or lesser felony offenses. A bump test is similar but involves the defendant returning to court after prison. A reverse split sentence involves probation first, then incarceration.
In criminal law, a court may be authorized to issue a split sentence when imposing punishment on a defendant. Typically, this means that while the defendant is ordered to serve mandatory time in prison, he is not incarcerated for the full sentence. The judge, on the other hand, usually suspends part of the sentence and places the defendant on probation for the remainder of the time. This has the effect of having the defendant serve a relatively short amount of time in prison, often between 30 and 90 days, with the remainder of his sentence spent on probation.
During probation, a defendant may be required to complete a variety of tasks, such as meeting a probation officer, completing a drug or alcohol treatment program, or performing community service. The defendant may also be ordered to refrain from engaging in certain behaviors, such as consuming alcohol, driving a car, or committing another crime. In cases involving drugs or alcohol, the defendant may be ordered to enroll in an electronic monitoring program while on probation. If the defendant violates the terms of his or her probation, the court can end the probation and order the defendant to return to prison to serve the remainder of the suspended sentence.
A split sentence is often reserved for someone who has committed a felony for the first time or someone who has committed a lesser felony. As a general rule, statutes dictate whether split sentencing is permissible for a particular crime. A judge may have broad discretion in choosing whether to grant a split sentence, depending on the jurisdiction.
The concept of a split sentence is often used interchangeably with the notion of a bump test. The two ideas are similar in that the defendant first serves the mandatory time in prison before being placed on probation. With the shock test, however, the defendant reappears before the judge after having served his prison sentence, and the judge then sentences him again to probation. On the other hand, a defendant generally does not reappear in court with a split sentence and is simply automatically placed on probation after incarceration.
A reverse split sentence is the opposite of traditional split sentencing. While less common, it is used in some jurisdictions. With a reversed sentence, the defendant is usually placed on probation first. Subsequently, he is incarcerated for the remainder of his sentence.
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