Misdemeanor Sanctions

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Misdemeanor Sanctions

• Making a Difference

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Purpose of Misdemeanor Sentencing

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

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Judges 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.

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JAIL

• Minor Misdemeanor- None
• 4TH Degree Misdemeanor 30 days
• 3rd Degree Misdemeanor - 60 days
• 2nd Degree Misdemeanor 90 days
• 1st Degree Misdemeanor 180 days

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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

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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

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Driving Privilege Sanctions

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

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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

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Restitution

• Court can order restitution
• A 5 fee can be charged to collect restitution

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Community Control Sanctions

• Community Control Department

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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

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Three Types of Probation

• Intensive Probation Supervision
• Basic Probation Supervision
• Monitored Time (Good Behavior)

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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 courts
  order

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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

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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)

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Community Residential Sanctions
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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)

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Alternative Residential Facility

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

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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 offenders occupation
  or care for the offenders family

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-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 offenders wages while on
  release be applied to any financial sanction
  imposed

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Nonresidential Sanctions

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

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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

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House Arrest

• House arrest with or without electronic
  monitoring

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Drug Treatment Program

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

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Drug and Alcohol Use Monitoring

• A term of drug and alcohol use monitoring

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Curfew

• A curfew may be imposed

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Employment

• A requirement that the offender obtain employment

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Education or Training

• A requirement that the offender obtain education
  or training

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Victim-Offender Mediation

• Victim-offender mediation with the approval of
  the victim

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Counseling

• Counseling including but not limited to family
  violence counseling

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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

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Early Intervention
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Misdemeanor Case- Conditions of Bond
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Conditions of Bond

• Criminal Rule 46 permits a Judge to place
  conditions on a persons release from jail on bond

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What conditions can the Judge set?
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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

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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

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House Arrest or Work Release

• Place the person in a work release program
• Place the person on house arrest

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Control contact with Victim

• Regulate or prohibit the persons contact with
  the victim
• Protection Order or No Contact Order

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Control contact with witnesses or others

• Regulate the persons 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

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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.

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Any other condition reasonably necessary to
ensure appearance or public safety

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

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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

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Thank You