Alternative Sentencing Including Shock Probation and Shock Parole

¶ … prison overcrowding and recidivism major problems in criminal justice, alternatives to incarceration become more salient than ever before. One of the most common alternatives to incarceration is probation: an alternative sentence to prison time that generally involves supervision by an appointed parole officer or group of officers. Probation allows the individual to go about his or her daily life including occupational activities and family life. Therefore, probation does reduce the harm associated with prisoner re-entry, and minimizes the risks associated with dismantling families and communities.

Probation may be especially effective for offenses that are nonviolent in nature, including drug offences. Parole is an early release from a prison sentence, offered to individuals based on good behavior in prison, lack of risk for re-offense, or minimal threat to society. Like probation, parole helps reduce prison populations. Parole by definition means the individual did spend some time in prison, but it also means that the original sentence was shorter than its maximum mandate. In some cases, probation may be part of the parole package.

In other words, a person released on parole may be on an interim period of probation before being fully released from criminal justice monitoring. In addition to probation and parole, there are a slew of other alternative sentencing options judges may issue. These other alternatives vary from state to state, and judges use their discretion when issuing them. Alternatives include community service or participation in drug rehabilitation programs. Shock probation and shock parole are related concepts, and both are forms of alternative sentences.

Empirical research does show that shock probation and shock parole "reduce incarceration and shorten the length of imprisonment," leading to desirable outcomes in the criminal justice system including reduced recidivism and cost savings (Scott, Dinitz & Shiclior, 2010, p. 113). Both shock probation and shock parole involve a conscientious decision on the part of the judge to issue a prison sentence with the intention of providing early release (parole) or conditional release (probation).

The availability of shock probation and shock parole as alternative sentences varies from state to state, and is largely a matter of prosecutorial and judicial discretion. In other words, the prosecuting attorneys may view shock probation and shock parole as elements in the plea bargaining process, while judges may use shock probation and shock parole as options on the continuum between being too lenient and too strict. Whether or not to alert the felon of the "shock" treatment is also up to the prosecutorial and judicial discretion.

The goal of shock parole and shock probation is to "shock" the person with a short prison sentence, theoretically frightening the person from re-offending. Shock probation and shock parole are generally offered to low-risk persons such as first time offenders, who pose little or no threat to the community. Some problems with shock probation and shock parole include the potential for judges to underestimate the riskiness of the offender; or on the contrary, for judges to overestimate the role that time spent in prison has in reducing recidivism.

Some felons might be better rehabilitated in.