For the Defense - Vol. 5, Issue 4 - 32

Resentencing While on Probation
When the court imposes an order of probation it attaches with it a set of reasonable conditions it deems necessary
to ensure or assist the defendant in leading a law-abiding life.16 The probation sentence may be revoked for a
technical violation or for the conviction of a new offense in which incarceration is a possibility. Upon revocation, all
sentencing options are available to the court.17 Exhibit 5 displays the number of resentences, by month, between
January 2019 and July 2020. In 2019, there were an average of 463 resentences imposed per month, for offenders
on probation, in the Commonwealth.18 Beginning in March 2020, the number of resentencing hearings fell, with an
average of 190 hearings per month between April and July 2020. During this latter period, the number of hearings
remain remarkably stable, with 184 hearings in April, 173 in May, 187 in June, and an uptick to 217 hearings in July.

Exhibit 5: Number of Resentences for Individuals under Probation Supervision, per Month

600
ExhibitExhibit
5:
Number
of Resentences
forIndividuals
Individuals
under
Probation
Supervision,
5: Number
of Resentences for
under
Probation
Supervision,
per Monthper Month
600
500
500
400
400
300
300
200

200
100
100
0
0

Jan

Feb

Mar

April

May

June

July

Aug

Sept

Oct

Nov

Dec

Jan

Feb

Mar

April

May

June

July

------------------------------------------------- 2019 ------------------------------------------------- --------------------------- 2020 ----------------------Jan Feb Mar April May June July Aug Sept Oct Nov Dec Jan Feb Mar April May June July

Exhibit 6 shows a disaggregation of the reasons for revocation of probation sentences into
------------------------------------------------- 2019 ------------------------------------------------- --------------------------- 2020 ----------------------technical violations and violations due to a conviction for a new offense.19 In 2019, there were an average
Exhibit 6 shows
a disaggregation
the reasons
for revocation
of probation
into
of6350
resentencing
hearings
per
month
for of
technical
violations.
In comparison,
there weresentences
an average
of
Exhibit
shows
a disaggregation
of
the
reasons
for
revocation
of probation
19sentences into technical violations and
In
2019,
there
were
an
average
technical
violations
and
violations
due
to
a
conviction
for
a
new
offense.
19
138due
resentences
for technical
violations
per month
between
Aprilan
and
July 2020.
Thisresentencing
significant decline
violations
to a conviction
for a new
offense.
In 2019,
there were
average
of 350
hearings per
of 350
resentencing
hearings
per supervision
month for
technical
violations.
In
thereearlier,
were
an
average
of
month for
technical
violations.
In comparison,
there
were an
average
ofcomparison,
138Asresentences
for
technical
violations
per
may
reflect
changing
probation
practices
during
COVID.
discussed
containment
138 resentences
technical
violations
per
between
and
July
2020.
This
declinepractices
month between
April
July
2020.
This visits
significant
decline
may April
reflect
changing
probation
supervision
protocols
led to and
afor
reduction
in home
by month
probation
officers
as well
as
a decrease
in significant
in-office
meetings
mayfewer
reflect
changing
probation
supervision
practicesled
during
COVID. As in
discussed
earlier,
containment
during COVID.
As drug
discussed
earlier,
containment
protocols
to a reduction
home visits
by probation
officers as
and
tests conducted.
well as aprotocols
decreaseled
in to
in-office
meetings
andvisits
fewer
tests officers
conducted.
a reduction
in home
by drug
probation
as well as a decrease in in-office meetings
and fewer
drug tests
conducted.
A slight
increase
in the number of resentences for technical violations in June and July 2020 may
A slight increase in the number of resentences for technical violations in June and July 2020 may be indicative of
of a return
to more
normalunlike
practices.
However,
unlike sentencing
hearings,
the rates
a returnbetoindicative
more normal
practices.
However,
sentencing
hearings,
the rates for
resentencing
forfor
technical
A slight
increase
in violations
the number
of resentences
for50
technical
violations
in June
and July
2020 may
resentencing
for
technical
remain
well
below
percent
of
the
2019
average.
Similarly,
the
violations remain well below 50 percent of the 2019 average. Similarly, the number of resentences for revocations
be
indicative
of aoffenses
return
more normal
However,
unlike
sentencing
hearings,
the rates
for
of resentences
fortorevocations
duepractices.
todeclined.
new conviction
offenses
significantly
declined.
In 2019,
due to number
new conviction
has significantly
In 2019,
therehas
were
an average
of 111
resentencing
resentencing
for
technical
violations
remain
well
below
50
percent
of
the
2019
average.
Similarly,
the
were anfor
average
of 111 resentencing
hearingsApril
per month
for2020
new there
conviction
Between
hearingsthere
per month
new conviction
offenses. Between
and July
were offenses.
an average
of roughly 50
number
resentences
for
due
new conviction
offenses
significantly
In 2019,
resentences
for
revocations
due
torevocations
new
conviction
offenses.
April
andof
July
2020 there
were
an average
ofto
roughly
50 resentences
for has
revocations
due declined.
to new conviction

there were an average of 111 resentencing hearings per month for new conviction offenses. Between
offenses.
April and July 2020 there were an average of roughly 50 resentences for revocations due to new conviction
Exhibitoffenses.
6: Number of Technical Violations and New Offense, per Month
Exhibit 6: Number of Technical Violations and New Offense, per Month
450

Technical Violations

450

New Offenses

Exhibit 6: Number of Technical Violations and New Offense, per Month
400
350

350

450
300

Technical Violations

400
250

450
300
350
200

300
150

300
150

250
100

250
100

200
50

200
50

100

50
0

Jan

Feb

Mar April May June July

Aug Sept Oct

Nov Dec

Jan

Feb

Mar April May June July

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

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

Jan

Jan

Feb

Mar April May June July

Aug Sept Oct

Nov Dec

Feb

Mar April May June July

New Offenses

400
250

350
200

1500

1500
100
50

0

Jan

Feb

Mar April May June July

Aug Sept Oct

Nov Dec

------------------------------------ 2019 ---------------------------------Jan

Feb

Mar April May June July

Aug Sept Oct

Nov Dec

Jan

Feb

Mar April May June July

------------------ 2020 -----------------Jan

Feb

Mar April May June July

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

During 2019, the types of resentences due to technical violation revocations or for a revocation
for a new conviction offense remained relatively constant from month to month. For example, roughly
During 2019,
the typesfor
of resentences
due to technical
revocations or
for a revocation
10% of offenders
resentenced
a technical violation
receivedviolation
a state incarceration
sentence
and 20%
for
a
new
conviction
offense
remained
relatively
constant
from
month
to
month.
For
example,
roughly
who were convicted of a new offense received state incarceration. During the period of May through
July
For
The
Defense
l resentenced
Vol. 5, Issuefor
4 a technical violation received a state incarceration sentence and 20%
10%
of
offenders
2020 there was a slight increase in the use of state incarceration for technical violations (average of 14.4%
------------------------------------ 2019 ----------------------------------

32

400

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

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



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
For the Defense - Vol. 5, Issue 4 - 5
For the Defense - Vol. 5, Issue 4 - 6
For the Defense - Vol. 5, Issue 4 - 7
For the Defense - Vol. 5, Issue 4 - 8
For the Defense - Vol. 5, Issue 4 - 9
For the Defense - Vol. 5, Issue 4 - 10
For the Defense - Vol. 5, Issue 4 - 11
For the Defense - Vol. 5, Issue 4 - 12
For the Defense - Vol. 5, Issue 4 - 13
For the Defense - Vol. 5, Issue 4 - 14
For the Defense - Vol. 5, Issue 4 - 15
For the Defense - Vol. 5, Issue 4 - 16
For the Defense - Vol. 5, Issue 4 - 17
For the Defense - Vol. 5, Issue 4 - 18
For the Defense - Vol. 5, Issue 4 - 19
For the Defense - Vol. 5, Issue 4 - 20
For the Defense - Vol. 5, Issue 4 - 21
For the Defense - Vol. 5, Issue 4 - 22
For the Defense - Vol. 5, Issue 4 - 23
For the Defense - Vol. 5, Issue 4 - 24
For the Defense - Vol. 5, Issue 4 - 25
For the Defense - Vol. 5, Issue 4 - 26
For the Defense - Vol. 5, Issue 4 - 27
For the Defense - Vol. 5, Issue 4 - 28
For the Defense - Vol. 5, Issue 4 - 29
For the Defense - Vol. 5, Issue 4 - 30
For the Defense - Vol. 5, Issue 4 - 31
For the Defense - Vol. 5, Issue 4 - 32
For the Defense - Vol. 5, Issue 4 - 33
For the Defense - Vol. 5, Issue 4 - 34
For the Defense - Vol. 5, Issue 4 - 35
For the Defense - Vol. 5, Issue 4 - 36
For the Defense - Vol. 5, Issue 4 - 37
For the Defense - Vol. 5, Issue 4 - 38
For the Defense - Vol. 5, Issue 4 - 39
For the Defense - Vol. 5, Issue 4 - 40
For the Defense - Vol. 5, Issue 4 - 41
For the Defense - Vol. 5, Issue 4 - 42
For the Defense - Vol. 5, Issue 4 - 43
For the Defense - Vol. 5, Issue 4 - 44
For the Defense - Vol. 5, Issue 4 - 45
For the Defense - Vol. 5, Issue 4 - 46
For the Defense - Vol. 5, Issue 4 - 47
For the Defense - Vol. 5, Issue 4 - 48
For the Defense - Vol. 5, Issue 4 - 49
For the Defense - Vol. 5, Issue 4 - 50
For the Defense - Vol. 5, Issue 4 - 51
For the Defense - Vol. 5, Issue 4 - 52
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue3_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue2_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue1_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue4_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue3_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue2_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue1_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue4_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue3_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue2_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue1_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue4_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue3_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue2_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue1_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue4_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue3_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue2_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue1_2018
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue4_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue3_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue2_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue1_2017
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue4_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue3_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue2_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue1_2016
https://www.nxtbookmedia.com