For the Defense - Vol. 5, Issue 4 - 33

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 10% of offenders resentenced
for a technical violation received a state incarceration sentence and 20% who were convicted of a new offense
received state incarceration. During the period of May through July 2020 there was a slight increase in the use
of state incarceration for technical violations (average of 14.4% of offenders). For offenders convicted of a new
offense there was a significant increase in the proportion of offenders sentenced to state incarceration (29.5%) and
a commensurate reduction in the proportion sentenced to probation.20

of offenders sentenced to state incarceration (29.5%) and a commensurate reduction in the proportion
sentenced to probation.20

Exhibit 7: Proportion of Resentences Imposed by Sentencing Alternative, by Month

2020

2019

Exhibit 7: Proportion of Resentences Imposed by Sentencing Alternative, by Month
Technical Violations
State
County
Number Incarceration Incarceration Probation
338
11%
46%
43%
292
11%
42%
47%
354
13%
44%
43%
359
12%
49%
39%
381
7%
49%
43%
310
8%
46%
45%
363
10%
48%
42%
394
10%
43%
47%
375
10%
43%
47%
354
10%
46%
44%
377
8%
43%
49%
318
13%
44%
43%
366
8%
44%
48%
345
9%
45%
46%
204
15%
50%
35%
131
10%
52%
38%
126
22%
50%
29%
137
15%
38%
46%
157
12%
33%
55%

January
February
March
April
May
June
July
August
September
October
November
December
January
February
March
April
May
June
July
2019 average
May -July 2020 avg

10%
14%

45%
43%

44%
43%

New Offenses
State
County
Number Incarceration Incarceration Probation
141
20%
35%
45%
101
27%
41%
33%
126
15%
62%
23%
129
20%
52%
28%
96
24%
46%
30%
87
25%
44%
32%
104
19%
45%
36%
113
15%
43%
42%
126
15%
46%
39%
123
26%
43%
30%
85
17%
51%
32%
105
17%
39%
45%
123
15%
45%
40%
137
20%
46%
34%
72
19%
50%
31%
53
25%
57%
19%
47
24%
52%
24%
50
30%
46%
24%
60
38%
34%
28%
20%
29%

46%
47%

35%
24%

Continuing Uncertainty

Continuing Uncertainty

COVID-19 has brought with it a tremendous amount of uncertainty. There is uncertainty over

	
COVID-19there
has brought
it awave
tremendous
amount
uncertainty.
is uncertainty
over whether
whether
will be awith
second
of infections
andofhow
long it willThere
be before
we can return
to our there
will be anormal
secondlives
wave
of
infections
and
how
long
it
will
be
before
we
can
return
to
our
normal
lives
and
as
and business as usual. There is also uncertainty over the impact that decreased revenues business
will
usual. There
is
also
uncertainty
over
the
impact
that
decreased
revenues
will
have
on
state
and
local
budgets.
Will
have on state and local budgets. Will budget reductions impact funding for public defender offices, courts,
budget reductions impact funding for public defender offices, courts, probation offices, jails, etc.? The potential
probation offices, jails, etc.? The potential impact associated with such reductions may significantly
impact associated with such reductions may significantly impact the criminal justice system for years to come.

impact the criminal justice system for years to come.

This article provided a first data-focused view at how the disruption associated with COVID-19 impacted sentencing
Thispractices
article provided
a first data-focused
view atthere
how the
and resentencing
in the Commonwealth.
However,
are disruption
still many associated
unknownswith
and COVID-19
additional work
impacted
sentencing
resentencing
practices
in theofCommonwealth.
However, there
are still
is needed
to understand
theand
shortand long-term
impacts
COVID-19 on sentencing
practices
and many
the criminal
justice system
as aand
whole.
Some work
of the
many questions
that remain
unanswered
include:
What
does theon
caseload
unknowns
additional
is needed
to understand
the shortand long-term
impacts
of COVID-19
composition
look
like
for
new
cases
filed
with
the
court
since
March?
What
is
the
size
of
the
pending
inventory
sentencing practices and the criminal justice system as a whole. Some of the many questions that remain
of casesunanswered
awaiting disposition
or sentencing?
How much
additional
work
a backlog
of cases
for public
include: What
does the caseload
composition
look
like will
for new
cases filed
with create
the court
defender
offices?
Did
the
reduction
in
surveillance
of
offenders
under
community
supervision
have
an
impact
on
since March? What is the size of the pending inventory of cases awaiting disposition or sentencing? How
crime rates or on rehabilitative efforts? If the impact was limited, what does this imply for future supervision policies
much additional work will a backlog of cases create for public defender offices? Did the reduction in
and practices? Were recidivism rates impacted by the furlough or expedited parole of state inmates or from the
surveillance
of offenders
under community
have
an impact on crime
ratesfor
or on
rehabilitative
release of inmates under
the Governor's
reprievesupervision
of sentence
of incarceration
program
non-violent
offenders?
efforts?
If
the
impact
was
limited,
what
does
this
imply
for
future
supervision
policies
and
practices?
Were
There are many additional questions that can be asked, and new questions will emerge as the story of COVID-19
and
recidivism
rates impacted
by the continues
furlough ortoexpedited
parole of state
inmatesanalyses
or fromshould
the release
of
its impact
on the criminal
justice system
unfold. Additional
data-driven
be undertaken
under the associated
Governor'swith
reprieve
of sentence
of incarceration
program
non-violent
offenders?
to help inmates
answer questions
the impact
of COVID-19.
The answers
willfor
help
inform future
policies and
practices.
There are many additional questions that can be asked, and new questions will emerge as the story of
PANTONE

2955C

7406C

CMYK

COVID-19 and its impact on the criminal justice system continues to unfold. Additional data-driven
90/78/39/30

9/22/91/0

RGB

22/58/92

234/194/56

HEXIDECIMAL

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Vol. 5, Issue 4 l For The Defense
7

33



For the Defense - Vol. 5, Issue 4

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

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