For the Defense - Vol. 5, Issue 4 - 31

----------------------------------------------------------- 2019 ---------------------------------------------------

------------------------------ 2020 ----------------------------

To further illustrate the impact of COVID-19 on sentencing, Exhibit 3 shows the number of
sentences
imposed
by week
a Third Class
county. During
20193and
the the
firstnumber
12 weeks
2020 there
is
To further
illustrate
the impact
ofinCOVID-19
on sentencing,
Exhibit
shows
ofofsentences
imposed
by
that is
most 2019
likely and
reflective
of the
episodic
sentencing
hearings
week inweekly
a Thirdvariation
Class county.
During
the first
12 weeks
of calendaring
2020 there isofweekly
variation
thatin
is this
most likely
reflective
of theWhen
episodic
calendaring
ofthe
sentencing
thisonly
county.
When
the court
in the
spring of
county.
the court
closed in
spring of hearings
2020, thein
court
imposed
a handful
of closed
sentences
each
2020, the
court
only
imposed
a
handful
of
sentences
each
week
over
an
8-week
period.
Following
this
period
of
week over an 8-week period. Following this period of limited sentencing activity, the number of sentences
limited sentencing
activity,
the
number
of
sentences
imposed
per
week
returned
to
normal.
The
one
exception
is
the
imposed per week returned to normal. The one exception is the second to last week in July where the
second to
last week
in July
where
the number
doubled
typical
week. Again,
spikeefforts
may be
number
doubled
from
a typical
week. Again,
this from
spike amay
be indicative
of thethis
court's
to indicative
clear out of the
court's efforts to clear out a backlog of cases needing sentences.
a backlog of cases needing sentences.

ExhibitExhibit
3: Number
of Sentences
Week
for Third
One Class
ThirdCounty
Class County
3: Number
of Sentences Imposed
Imposed byby
Week
for One
120

90

60

30

0

123456

12

24

36

48

1

12

24

Although COVID-19 affected the number of sentences imposed, the statutory grades of offenses
------------------------------------------------------------ 2019 ----------------------------------------------------------- ----------------------------------- 2020 --------------------------------sentenced remained consistent between 2019 and July 2020. However, in April 2020, when counties
reported the least number of sentences, there was an increase in convictions for F-3 offenses and a
Although COVID-19 affected the number of sentences imposed,13the statutory grades of offenses sentenced
decrease in convictions for M-1 and unclassified misdemeanors. There was also a corresponding shift in
remained consistent between 2019 and July 2020. However, in April 2020, when counties reported the least number of
4
the
composition
of offenses
during thisfor
month,
with anand
uptick
in property
offenses and
decrease
in
sentences, there
was an increase
in convictions
F-3 offenses
a decrease
in convictions
for aM-1
and unclassified
14 13
DUI.
misdemeanors.
There was also a corresponding shift in the composition of offenses during this month, with an
uptick in property offenses and a decrease in DUI.14

The types of sentencing alternatives imposed also remained stable between 2019 and 2020.15
15
The types
of 4sentencing
alternatives
also remained
stable
between
2019and
andfor
2020.
Exhibit
4 displays
Exhibit
displays the
proportionimposed
of sentencing
alternatives
for 2019
(average)
January
through
the proportion
of
sentencing
alternatives
for
2019
(average)
and
for
January
through
July
2020.
The
usage
July 2020. The usage rate of these sentencing alternatives remains fairly constant with 10% those rate
of thesesentenced
sentencing
alternatives
remains
fairly incarceration,
constant withroughly
10% those
receiving
sentences
of state
30% sentenced
receiving areceiving
sentencesentences
of countyof state
incarceration, roughly 30% receiving a sentence of county incarceration, and roughly 55% receiving probation and
incarceration, and roughly 55% receiving probation and county intermediate punishment. As previously
county intermediate punishment. As previously noted, during the month of April 2020 sentencing practices seemed
during
month
of April 2020
sentencingwere
practices
seemedtotostate
have incarceration
changed. A higher
proportion
to have noted,
changed.
A the
higher
proportion
of offenders
sentenced
(20%)
and to county
of
offenders
were
sentenced
to
state
incarceration
(20%)
and
to
county
incarceration
(50%)
than
other that
incarceration (50%) than in other months. The over representativeness of confinement as a sentenceinsuggests
months.
over
representativeness
of confinement
as a sentence
suggests
that courts
may
have been
courts may
have The
been
primarily
focused on more
serious offenders
when the
courthouses
were
closed.
primarily focused on more serious offenders when the courthouses were closed.

Exhibit 4: Sentences Imposed by Sentencing Alternative
Exhibit 4: Sentences Imposed by Sentencing Alternative
75%

75%

75%

State Incarceration

County Incarceration

Probation and County Intermediate Punishment

50%

50%

50%

25%

25%

25%

0%

2019
Average

Jan

Feb

March

April

May

June

July

0%

2019
Average

Jan

Feb

March

April

May

June

July

0%

2019
Average

Jan

Feb

March

April

May

June

July

Resentencing While on Probation
Vol.
5, of
Issue
4 l For conditions
The Defense
When the court imposes an order of probation it attaches with it
a set
reasonable
it
deems necessary to ensure or assist the defendant in leading a law-abiding life.16 The probation sentence

31



For the Defense - Vol. 5, Issue 4

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 4

Contents
For the Defense - Vol. 5, Issue 4 - 1
For the Defense - Vol. 5, Issue 4 - 2
For the Defense - Vol. 5, Issue 4 - Contents
For the Defense - Vol. 5, Issue 4 - 4
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