Shock probation is offered to inmates after serving a portion of their sentence, usually three to six months. It aims to reduce recidivism rates by releasing prisoners while still in shock from the penal system. It is a privilege at the judge’s discretion and is often considered for first-time offenders. It differs from split sentencing, which is pre-arranged. Probation also addresses prison overcrowding. Judges began using this option in the 1960s and it grew in popularity in the 1970s.
Shock probation is probation that is offered after an inmate has served a portion of his sentence, usually three to six months. The idea behind it is that the early stages of an incarceration are often the most difficult and can lead a prisoner to behave well once released. Shock testing is believed to reduce recidivism rates because it involves releasing the prisoner while a prisoner is still in shock from immersion in the penal system, in contrast to a prisoner who is released after several years who may have adapted to the system and even chose traits that may contribute to reoffending.
In shock probation, someone is sentenced to prison and begins to serve his sentence. After three to six months, the judge remands the prisoner to probation and the prisoner is released under surveillance. It is usually considered when an inmate is a first time offender and a judge believes, given the circumstances of the case, that the inmate has a chance for reform that may be enhanced by release.
This term is sometimes used interchangeably with “split sentence,” but the two concepts are different. With a split sentence, during the first hearing the judge declares that the convict will be taken to prison and then released on probation after a certain period of time. While the effect, a short stay in prison followed by probation, is the same, split sentencing and probation differ because one is pre-arranged and the other is offered later.
In addition to potentially reducing recidivism, probation also addresses prison overcrowding, a common problem in many regions of the world. By removing prisoners, judges free up space in prisons. Overcrowding is dangerous for both inmates and prison staff, and can also contribute to the development of recidivism because low-risk inmates may end up in close and prolonged contact with hardened criminals.
Shock proof is a privilege, not a right, and is at the judge’s discretion. Judges quietly began using this option in the 1960s, and it grew as an approach to criminal justice in the 1970s. If an inmate is potentially eligible for probation under the law, their attorney will discuss the matter and provide more information about how the terms of probation will work and whether the judge is likely to offer it as an option.
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