Sentencing Guidelines Principles of LPSCS

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Types of Sentencing Concurrent Concurrent Runs the same duration as another sentence Runs the same duration as another sentence Consecutive Consecutive Sentences run one after another Sentences run one after another Concurrent v. Consecutive Concurrent v. Consecutive Concurrent v. Consecutive Concurrent v. Consecutive Determinate Determinate A specific amount of time is given for an offender to serve A specific amount of time is given for an offender to serve Indeterminate Indeterminate A period of time to serve “not less than” and “not to exceed” a range of punishment A period of time to serve “not less than” and “not to exceed” a range of punishment Vanessa George case Vanessa George case Vanessa George case Vanessa George case 3 Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.

Types of Sentencing (continued) Deferred Deferred The sentence is postponed to a later date The sentence is postponed to a later date Suspended Suspended Withholding or postponing of the pronouncement or execution of a sentence Withholding or postponing of the pronouncement or execution of a sentence Life Life The convicted person spends the remainder of his or her natural life in prison The convicted person spends the remainder of his or her natural life in prison Mandatory Mandatory The sentence is imposed from a statute that gives no room for discretion. A judge may not suspend or give probation. The sentence is imposed from a statute that gives no room for discretion. A judge may not suspend or give probation. 4 Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.

Types of Sentencing (continued) Maximum Maximum The longest amount of time that can be given for an offense The longest amount of time that can be given for an offense Straight/flat Straight/flat A fixed sentence without a maximum or a minimum A fixed sentence without a maximum or a minimum 5 Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.

Sentencing Guidelines Misdemeanors Misdemeanors Class C: fine not to exceed $500 Class C: fine not to exceed $500 Class B: fine not to exceed $2000 and/or 180 days in jail Class B: fine not to exceed $2000 and/or 180 days in jail Class A: fine not to exceed $4000 and/or up to 1 year in jail Class A: fine not to exceed $4000 and/or up to 1 year in jail 6 Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.

Sentencing Guidelines (continued) Felony Felony State Jail felony (SJF): no less than 180 days but no more than 2 years, and a $10,000 fine State Jail felony (SJF): no less than 180 days but no more than 2 years, and a $10,000 fine 3 rd Degree: no less than 2 years but no more than 10 years, and a $10,000 fine 3 rd Degree: no less than 2 years but no more than 10 years, and a $10,000 fine 2 nd Degree: no less than 2 years but no more than 20 years, and a $10,000 fine 2 nd Degree: no less than 2 years but no more than 20 years, and a $10,000 fine 1 st Degree: no less than 5 years up to 99 years, and a $10,000 fine 1 st Degree: no less than 5 years up to 99 years, and a $10,000 fine 7 Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing Shock probation Shock probation A short amount of incarceration in addition to a period of probation A short amount of incarceration in addition to a period of probation Taylor Thompson gets shock probation (news story and video) Taylor Thompson gets shock probation (news story and video) Taylor Thompson gets shock probation Taylor Thompson gets shock probation Work release Work release Offenders report to jail during non-work hours Offenders report to jail during non-work hours Man escapes from work release program (news story and video) Man escapes from work release program (news story and video) Man escapes from work release program Man escapes from work release program 8 Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing (continued) Weekend sentencing Weekend sentencing Offenders report to jail only for a weekend or another designated time Offenders report to jail only for a weekend or another designated time House arrest House arrest The offender is monitored by electronic means and may not leave the house except for certain reasons The offender is monitored by electronic means and may not leave the house except for certain reasons Lindsey Lohan on House Arrest Lindsey Lohan on House Arrest Lindsey Lohan on House Arrest Lindsey Lohan on House Arrest 9 Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing (continued) Community Service Community Service Required work for a government or non-profit agency without pay Required work for a government or non-profit agency without pay Probation: Probation: Serves the sentence in the community; offenders must abide by the special guidelines Serves the sentence in the community; offenders must abide by the special guidelines What are some conditions of probation? What are some conditions of probation? What happens if probation is violated What happens if probation is violated What are the benefits of probation? What are the benefits of probation? Suspect gets probation Suspect gets probation Suspect gets probation Suspect gets probation 10 Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing (continued) Boot camps Boot camps Highly regimented programs styled after the military to instill discipline and hold youths accountable Highly regimented programs styled after the military to instill discipline and hold youths accountable Fines Fines Monetary amounts paid to the court in lieu of confinement Monetary amounts paid to the court in lieu of confinement Restitution Restitution Money paid to the victim for damages and suffering Money paid to the victim for damages and suffering 11 Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing (continued) “Scarlet-Letter” punishments “Scarlet-Letter” punishments Punishment by shaming Punishment by shaming Example: a judge requires a child molester to put a sign in his front yard stating that he is a sex offender Example: a judge requires a child molester to put a sign in his front yard stating that he is a sex offender 12 Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing (continued) Asset Forfeiture Asset Forfeiture Seizure of assets, used in or obtained from illegal activity, by the government Seizure of assets, used in or obtained from illegal activity, by the government 13 Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing (continued) Incarceration Incarceration A period of confinement to either jail or prison A period of confinement to either jail or prison Diversion The charges are dropped after the person completes a condition such as Drug treatment Sex offender counseling Anger management First offender programs Scared straight 14 Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.

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Resources (continued) Concurrent or Consecutive Sentence (LawWebTV) Concurrent or Consecutive Sentence (LawWebTV) Vanessa George Jailed for Nursery Child Abuse Vanessa George Jailed for Nursery Child Abuse Taylor Thompson gets shock probation Taylor Thompson gets shock probation Man Escapes from Work Release Program, Arrested in Montgomery Man Escapes from Work Release Program, Arrested in Montgomery Lindsay Lohan Turns Herself in for House Arrest Lindsay Lohan Turns Herself in for House Arrest After dirty drug test, suspect gets probation After dirty drug test, suspect gets probation Copyright © Texas Education Agency, All rights reserved. Images and other multimedia content used with permission.