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Overview of Split Sentencing Research October 25, 2006 Mark Rubin. Presentations given to subcommittee. Exploring the Relationship between Split Sentences and Probation Recidivism in Maine - July 27, 2006 Who gets a Split Sentence in Maine? - August 2, 2006
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Overview of Split Sentencing Research October 25, 2006Mark Rubin
Presentations given to subcommittee • Exploring the Relationship between Split Sentences and Probation Recidivism in Maine - July 27, 2006 • Who gets a Split Sentence in Maine? - August 2, 2006 • Who is getting revoked on probation? - September 21, 2006
Study Parameters/Methodology • Examined 2004 and 2005 populations of individuals entering probation via : • Split Sentence (spent some time in jail or prison just before entering probation • Straight Probation (received a sentence of probation without any jail or prison time
Exploring the relationship between sentence type, risk, recidivism, and revocations Examined the following variables in the analysis: • Risk Level (LSI-R scores) • Crime type (MEJIS index and Class) • Region • Jail/Prison split • Number of Priors • Demographic variables (gender, age, education, race,et al.) • Criminogenic factors, including criminal histories (number of priors) • Shock Sentence • Probation revocations by type of offense (new crime vs. technical) • Revocations by risk level • Revocation information by sentence type
Twice as many split sentenced offenders entered probation in 2004 and 2005 as those with a straight probation sentence
The likelihood of a split sentence correlates with LSI Rating
Split sentences are the majority of sentences whether the crime is a Felony or a Misdemeanor
There appear to be regional differences in sentencing practices
Most offenders receive a split sentence of less than 45 days
Exploring the Relationship between Split Sentences and Probation Recidivism
Split Sentenced probationers have higher recidivism rates than probationers receiving a straight sentence
The data suggests first time/one time offenders may have worse outcomes when receiving a split sentence versus straight probation
Lower risk offenders appear to have statistically higher recidivism rates when receiving a split sentence
Offenders convicted of certain crimes appear to have statistically higher recidivism rates when receiving a split sentence
Recidivism rates are higher for shock sentences than straight probation, especially after 30 days.
Concluding Thoughts • Split Sentence probationers appear to have higher recidivism rates than straight probationers even after accounting for specific characteristics. • However, sentencing practices are at best weakly related to a recidivist outcome. Other factors play a role, such as AFA, Priors, Current Age, Education, Married. • It appears that split sentencing has a more profound impact on lower risk offenders as to whether they recidivate.
The higher the risk level of the offender the more likely s/he is to be revoked for a technical violation
Technical violations are the most common type of revocation violation regardless of sentence type
Take away points on revocations • Half of the revocations are for technical violations • Administrative cases are 50% less likely to be revoked than moderate cases • Split Sentences have higher revocation rates than straight probation cases