Slide 1

The Justice AcademyTen Minute Training Series

The Last Chance Program:Deferred Imposition of Sentence for Misdemeanor Offenses

Judge Hal Campbell, Ph.D.

As states and the federal government continue to experience an unprecedented growth in the prison population with diminished resources, the development of alternative-based punishments both before and after incarceration have become a necessity rather than a luxury (Steen & Bandy, 2007).Also known as community-based corrections, the necessity for these alternatives and best practices comes at a time when our knowledge of those programs most effective at reducing recidivism while addressing the individual needs of the offender is at an all-time high.The Last Chance Program is an example of how the criminal justice system might approach this challenge by integrating the advice and counsel of all segments of the justice community into a systemic program that seeks to reduce recidivism and lower the cost of punishment for selected offenders.The program is centered around the judicial option of deferred imposition of sentence. The Last Chance Program

Philosophy of Deferred Imposition of SentenceDemonstrates flexibility by the justice system to support the efforts of the offender to alter their behavior and prescribes conditions that reflect the multivariate nature of their behavioral and lifestyle choices leading to criminality.Demonstrates a compassionate justice approach that considers the well-being of the offender and extends an opportunity to alter lifestyle habitsPromotes restorative justice strategy with specific conditions of sentenceUses multifaceted sentencing approach to diminish the likelihood of recidivism by altering behavior of the offender and identifying those factors that chronically contribute to criminalityPositions the court to impose maximum sentences in future cases Sends a clear message to the offender that society is about to give up on them

Risks of the ProgramPotential continued threat to the communityPerceived inability by the court to balance the scales of justiceCommunicates a reticence by the court to impose stiffer penalties

Potential RewardsLessens the burden on jail infrastructure and justice system resources Decreases costs associated with corrections, housing, and logistical requirementsExtends the reach of the court for a period that exceeds the term of sentenceProvides the court with the ability to address the multivariate nature of the criminalityDiscontinued association with selected peersMay impose a requirement for the offender to participate in drug and alcohol treatmentMay impose psychological counseling or anger management treatmentFacilitates the ability of the offender to maintain employment Provides a mechanism for restitution through continued employment

Implementation StrategyPolice department endorsement of the deferred sentencing strategyPolice activism and vigilance in detecting offender violations of sentencing conditionsProsecutor agreement and support for deferred sentence impositionProbation department concurrence with sentencing parameters and conditions of releaseCommunity stakeholder concurrence to support the conditions of continued releaseCreation of a seamless mechanism for the reporting of violations of the conditions of release

Multivariate Criminality Array

EnvironmentalFactorsCriminalBehaviorNo CriminalBehaviorRole ModelReligious InfluenceExtendedFamilyDrug UseAlcoholPeer ValuesGangAffiliationParental ValuesSchoolPerformancePositiveInfluencers bX1 + bX2 + bX3 + bX4 + bX5 Role ModelsPsychologicalFactorsSociologicalFactorsPersonal ValueFactorsBehavioralFactorsHopelessnessAspirationEngagementIntelligencePeer GroupInclusionIdentification

Montana Code Annotated Authority for Deferred Imposition of Sentence(a) Whenever a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere, a sentencing judge may defer imposition of sentence, except as otherwise specifically provided by statute, for a period:(i) not exceeding 1 year for a misdemeanor or for a period not exceeding 3 years for a felony; or(ii) not exceeding 2 years for a misdemeanor or for a period not exceeding 6 years for a felony if a financial obligation is imposed as a condition of sentence for either the misdemeanor or the felony, regardless of whether any other conditions are imposed. 46-18-204. Dismissal after deferred imposition.Whenever the court has deferred the imposition of sentence and after termination of the time period during which imposition of sentence has been deferred or upon termination of the time remaining on a deferred sentence under46-18-208, upon motion of the court, the defendant, or the defendant's attorney, the court may allow the defendant to withdraw a plea of guilty or nolo contendere or may strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed. A copy of the order of dismissal must be sent to the prosecutor and the department of justice, accompanied by a form prepared by the department of justice and containing identifying information about the defendant. After the charge is dismissed, all records and data relating to the charge are confidential criminal justice information, as defined in44-5-103, and public access to the information may be obtained only by district court order upon good cause shown.