Misdemeanor Misdemeanor SanctionsSanctions

Making a DifferenceMaking a Difference

Purpose of Misdemeanor Purpose of Misdemeanor SentencingSentencing

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

To punish the To punish the offenderoffender

Judge’s DiscretionJudge’s Discretion

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

JAILJAIL Minor Misdemeanor- Minor Misdemeanor-

NoneNone 44THTH Degree Misdemeanor Degree Misdemeanor

– 30 days– 30 days 33rdrd Degree Misdemeanor Degree Misdemeanor

- 60 days- 60 days 22ndnd Degree Misdemeanor Degree Misdemeanor

– 90 days– 90 days 11stst Degree Misdemeanor Degree Misdemeanor

– 180 days– 180 days

Work Release or Intermittent Work Release or Intermittent ConfinementConfinement

Except for Except for mandatory termsmandatory terms the court the court may:may:

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

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

FINESFINES Minor Misdemeanor- Minor Misdemeanor-

$150.00$150.00 44THTH Degree Misdemeanor Degree Misdemeanor

- $250.00- $250.00 33rdrd Degree Misdemeanor Degree Misdemeanor

- $500.00- $500.00 22ndnd Degree Misdemeanor Degree Misdemeanor

- $750.00- $750.00 11stst Degree Misdemeanor - Degree Misdemeanor -

$1,000.00$1,000.00

Driving Privilege SanctionsDriving Privilege Sanctions

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

Community ServiceCommunity Service

Community Service Community Service up to five hundred up to five hundred hours for a 1hours for a 1stst Degree Degree Misdemeanor and Misdemeanor and up to two hundred up to two hundred hours for 2hours for 2ndnd, 3, 3rdrd, , and 4and 4thth Degree Degree MisdemeanorsMisdemeanors

RestitutionRestitution

Court can order Court can order restitutionrestitution

A 5% fee can be A 5% fee can be charged to collect charged to collect restitutionrestitution

Community Control Community Control SanctionsSanctions

Community Control Community Control DepartmentDepartment

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

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

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

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

Three Types of “Probation”Three Types of “Probation”

Intensive Probation SupervisionIntensive Probation Supervision Basic Probation SupervisionBasic Probation Supervision Monitored Time (Good Behavior)Monitored Time (Good Behavior)

Intensive Probation SupervisionIntensive Probation Supervision

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

Basic Probation SupervisionBasic Probation Supervision

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

Monitored TimeMonitored Time

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

Community Residential Community Residential SanctionsSanctions

Halfway HouseHalfway House

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

Alternative Residential FacilityAlternative Residential Facility

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

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

Release and Other Options While Release and Other Options While Serving a Residential SanctionServing a Residential Sanction

Same option as jai release:Same option as jai release: Permit intermittent confinement, Permit intermittent confinement,

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

-continued--continued-

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

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

Nonresidential SanctionsNonresidential Sanctions

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

Day ReportingDay Reporting

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

House ArrestHouse Arrest

House arrest with House arrest with or without or without electronic electronic monitoringmonitoring

Drug Treatment ProgramDrug Treatment Program

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

Drug and Alcohol Use Drug and Alcohol Use Monitoring Monitoring

A term of drug and A term of drug and alcohol use alcohol use monitoringmonitoring

CurfewCurfew

A curfew may be A curfew may be imposedimposed

EmploymentEmployment

A requirement that A requirement that the offender obtain the offender obtain employmentemployment

Education or TrainingEducation or Training

A requirement that A requirement that the offender obtain the offender obtain education or education or trainingtraining

Victim-Offender MediationVictim-Offender Mediation

Victim-offender Victim-offender mediation with the mediation with the approval of the approval of the victimvictim

CounselingCounseling

Counseling Counseling including but not including but not limited to family limited to family violence counselingviolence counseling

Other SanctionsOther Sanctions

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

Early Early InterventionIntervention

Misdemeanor Case- Misdemeanor Case- Conditions of BondConditions of Bond

Conditions of BondConditions of Bond

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

What conditions can the What conditions can the Judge set?Judge set?

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

organizationorganization Place the person in Place the person in

the custody of a the custody of a designated person designated person or organization or organization agreeing to agreeing to supervise the supervise the personperson

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

can associate withcan associate with Place restrictions Place restrictions

on the travel, on the travel, association, or association, or place of abode of place of abode of the person during the person during the period of the period of releaserelease

House Arrest or Work House Arrest or Work ReleaseRelease

Place the person in Place the person in a work release a work release programprogram

Place the person Place the person on house arreston house arrest

Control contact with VictimControl contact with Victim

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

Protection Order or Protection Order or No Contact OrderNo Contact Order

Control contact with witnesses Control contact with witnesses or othersor others

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

Attend alcohol or drug Attend alcohol or drug treatmenttreatment

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

Any other condition reasonably Any other condition reasonably necessary to ensure necessary to ensure

appearance appearance or public safetyor public safety Any other Any other

constitutional constitutional condition condition considered considered reasonably reasonably necessary to necessary to ensure appearance ensure appearance or public safetyor public safety

Role of Community Control Role of Community Control Department with Conditions of Department with Conditions of

BondBond The community The community

control department control department monitors monitors compliance with compliance with conditions of bond conditions of bond just as they monitor just as they monitor compliance with compliance with terms and terms and conditions of conditions of probation post probation post convictionconviction

Thank YouThank You