Law
Fact-checked

At MyLawQuestions, we're committed to delivering accurate, trustworthy information. Our expert-authored content is rigorously fact-checked and sourced from credible authorities. Discover how we uphold the highest standards in providing you with reliable knowledge.

Learn more...

What is Shock Probation?

Mary McMahon
Mary McMahon
Mary McMahon
Mary McMahon

Shock probation is probation which is offered after a prisoner has served a part of his or her sentence, usually around three to six months. The idea behind it is that the early stages of an incarceration are often the most difficult, and that they may startle a prisoner into good behavior once released. Shock probation is believed to reduce recidivism rates because it arranges for a prisoner release while a prisoner is still in shock from immersion into the penal system, in contrast with a prisoner who is released after several years who may have adjusted to the system and even picked up traits which may contribute to recidivism.

In shock probation, someone is sentenced to prison and starts serving the sentence. After three to six months, the judge resentences the prisoner to probation, and the prisoner is released under supervision. It is usually considered when a prisoner is a first time offender and a judge believes, given the circumstances of the case, that the prisoner has a chance at reform which may be enhanced by being released.

Shock probation is sometimes offered after a prisoner has briefly experienced life behind bars.
Shock probation is sometimes offered after a prisoner has briefly experienced life behind bars.

This term is sometimes used interchangeably with “split sentence,” but the two concepts are different. In a split sentence, at the time of the initial sentencing hearing the judge declares that the convicted person will be sent to prison and then released on probation after a certain amount of time. While the effect, a brief stay in prison followed by probation, is the same, split sentencing and shock probation differ because one is prearranged and the other is offered later.

In addition to potentially reducing recidivism, shock probation also addresses prison overcrowding, a common problem in many regions of the world.
In addition to potentially reducing recidivism, shock probation also addresses prison overcrowding, a common problem in many regions of the world.

In addition to potentially reducing recidivism, shock probation also addresses prison overcrowding, a common problem in many regions of the world. By removing prisoners, judges free up room in prisons. Overcrowding is dangerous both for prisoners and prison personnel, and it itself can also contribute to the development of recidivism because low-risk prisoners may end up in close and prolonged contact with hardened criminals.

In shock probation, the judge will decide, after about 3-6 months, to change the jail sentence to probation.
In shock probation, the judge will decide, after about 3-6 months, to change the jail sentence to probation.

Shock probation is a privilege, not a right, and it is at the discretion of the judge. Judges began quietly using this option in the 1960s, and it grew as an approach to criminal justice in the 1970s. If a prisoner is potentially eligible for shock probation under the law, his or her lawyer will discuss the matter and provide more information about how the terms of the probation will work and whether or not the judge is likely to offer it as an option.

Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Learn more...
Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Learn more...

Discussion Comments

anon1003068

I think a variety of factors would need to be considered before this option is chosen as opposed to traditional probation (not incarceration).

Removing people from society will likely damage their ability to overcome the challenges they were facing which lead them there in the first place. Especially if the person has an established career , mortgage / rent. However I feel this approach could be used more effectively especially in the cases where removal from society for a short time will not create a big rift in the persons personal life after the fact. I could see this being useful for especially for those those involved in crimes for personal financial gain (Drugs , theft, ). But it's much more harmful to the person who has children, and a full time job who committed a white collar crime.

I also do not see this at all being helpful in the case of planned violent crime where clear motivation to do violence was there. My point is if you want to "shock" someone and reduce recidivism, understand what's at stake for that person's life, for most low level crimes a few fines and standard probation is more fitting - as soon as you put someone in jail which leads to termination of employment and income - they are left picking up the pieces and may not recover which would lead to further crime.

In summary these scared straight tactics would be great for the teen who lives at their parents house and sells drugs, but very damaging for 32 year old accountant who got a little drunk and disorderly at the local sports game.

anon962464

If the offender has not had any other felony convictions over five years or was a youthful offender, the judge may grant the offender shock probation. The judge takes into consideration many factors and at the end it is up to the judge and the judge alone. In many cases the judge grants shock probation to the offender given this PSI classification level. Also, having a good lawyer definitely helps.

anon342639

What about if a person is convicted of a C class felony in New York state for possession of a loaded firearm? Would this person still be eligible for shock probation? The firearm was purchased legally, and the person has never committed any other crimes.

anon279782

Shock probation as an alternative to ridiculously long prison terms for addicts and alcoholics is a good idea. Addiction and alcoholism are associated with criminal activity, but if more addicts receive treatment it is a treatable disease. I vote for rehab vs. prison. Build more state funded rehabs not prisons, an incubator to perpetuate crime.

anon279781

There are too many lengthy prison terms for addicts. That is why there is overcrowding. Rehab works better for addicts than prison. I think our penal system is in the dark ages and more rehabs need to be built. We should be trying to mend, not break people.

Many inmates in the prison system are beat up and raped. I think there is a more humane way to treat addiction than sending someone to prison for fifteen years. Unfortunately, addicts commit crimes such as burglary to support their habit. If education was treatment rather than punishment, there would be less reason to build more jails.

Shock probation is a good alternative to help save inmates who can reform, as opposed to excessively long prison terms and burdens on government funds. I would much rather see addicts be given a chance to reform than leaving them in prison to get sicker.

ALevine

@LTimmins - I totally agree with you! If you look at the last paragraph of the article, it says that lawyers can advise their clients about shock probation. If someone is charged with a felony conviction, of course they'll be on good behavior in order to be free as soon as possible. Perhaps solving the problem of overcrowded prisons would be a better idea? An intensive reform program for first-time prisoners might also help to keep them out of trouble once they're released.

pennywell

@LTimmins - You've got quite a strong opinion there and while I agree on some points, I do also think that shock probation could work in some select cases. For example, a first time offender who might have committed a minor crime - say a burglary - might be suitably shocked by the consequences of their actions after spending some time in prison. Don't forget that they're still under supervision for some time upon release, so they're not entirely free from the eyes of the law just yet.

LTimmins

I'm not sure at all that I like the idea of shock probation! I'm sure it would be easy for criminals to avoid any probation violations for a few months and then return to their old ways once their out. The argument that this type of probation reduces overcrowding in prisons seems to be null. Prisoners should carry out their full sentence instead of being allowed back into society after such a short time!

Post your comments
Login:
Forgot password?
Register:
    • Shock probation is sometimes offered after a prisoner has briefly experienced life behind bars.
      By: andreykr
      Shock probation is sometimes offered after a prisoner has briefly experienced life behind bars.
    • In addition to potentially reducing recidivism, shock probation also addresses prison overcrowding, a common problem in many regions of the world.
      By: Jean-Jacques Cordier
      In addition to potentially reducing recidivism, shock probation also addresses prison overcrowding, a common problem in many regions of the world.
    • In shock probation, the judge will decide, after about 3-6 months, to change the jail sentence to probation.
      By: Andy Dean
      In shock probation, the judge will decide, after about 3-6 months, to change the jail sentence to probation.