I have read several times about something called shock probation. Could someone please tell me a little about this or tell me where I might find some information.

Thanks,
Annie2

Here is a case that had a pretty good defination of shock probation:

00-330 and 00-355. State v. Coffman.
Delaware App. No. 99CAA09044. Judgment affirmed.
Resnick, F.E. Sweeney and Lundberg Stratton, JJ., concur.
Cook, J., concurs and concurs separately.
Moyer, C.J., Douglas and Pfeifer, JJ., dissent.
Opinion:ftp://ftp.sconet.state.oh.us/Opinions/2000/980921.doc

Trial courts have final say in shock probation
Although the General Assembly repealed the provision allowing it five years ago, shock probation remains available to inmates convicted for offenses committed before July 1, 1996. With a 4-3 ruling released today, the Supreme Court restricted the rights of those eligible, saying inmates cannot appeal trial court decisions denying their motions for shock probation.

The opinion by Justice Francis E. Sweeney Sr. affirms a district appeals court's conclusion that the denials are not "final appealable" orders. The 5th District Court of Appeals made the determination in an appeal filed by Dana E. Coffman, who sought shock probation slightly more than two years into his three to 15-year sentence for robbery.

Loosely defined, a final appealable order is a court's final order that disposes of all issues in controversy. Ohio law counts orders issued in "special proceedings" that affect a "substantial right" as final appealable orders.

Hearings on shock probation are considered special proceedings, but there is no substantial right to it in Ohio, Sweeney said.

"Shock probation provided defendants with an opportunity to receive probation after... a short period of time in a correctional facility. The theory underlying shock probation was that immersing a defendant in the penal system for a short period of time could 'shock' him or her into a noncriminal lifestyle...Like other forms of probation, shock probation was in the nature of a privilege rather than a right or entitlement. As with any decision to award probation or suspend sentence, the decision to grant shock probation came as an act of grace to one convicted of a crime."

"While we recognize that appellate review is an important procedural safeguard for the rights of defendants, it must be kept in mind that by the time defendants move the sentencing court for shock probation, many procedural safeguards have already been afforded to them," Sweeney wrote, noting constitutional restrictions on search and seizure, and the rights to confront accusers and a trial by a jury of peers.

In a dissenting opinion, Justice Andrew Douglas wrote that he believes the denial of a shock probation motion could be reviewed under a statutory provision that allows appeals of "an order that grants or denies a provisional remedy." Chief Justice Thomas Moyer and Paul E. Pfeifer concurred.

David H. Bodiker and Theresa G. Haire, 614-466-5394, for Dana E. Hoffman.

W. Duncan Whitney and Rosemary E. Rupert, 740-833-2690, for the state of Ohio.

Hi Annie2,
My son's father is currently in Shock In New York. It's basically an alternative to prison and it reduces your time. Shock in New York is for 6 months. The inmate is in a minimum security prison with a boot camp type setting. They do alot of the same things someone in the military would do in training. There is alot of physical endurance needed but the hardest part is the emotional abuse because the officer's will try to break you down in this way. If you can deal with the yelling and the disipline then you can make it in Shock. I also know that it is only offered if it is someone's first offense and there are age restictions. If you want to know anything else I'll tell you to the best of my knowledge. Hope I helped alittle!

Hi! Annie2,

I live in Ohio and since every states different you may need more info than I can give but here is what I know:

Ohio had two shock probation catagories; Shock and Super Shock.


Shock Probation: A prisoner based on the degree of felony conviction could apply for shock probation after being incarcerated for a period of 30 days in a correctional institution. The prisoner or his attorney would apply to the judge. The judge could then issue a hearing date. The inmate would be scheduled to appear before the judge for oral argument by the attorney or the judge could say he would rule on the motion without the prisoners presence.

In Ohio if the prisoner attended a hearing in front of the judge then he 99.9% of the time was granted probation. The prison sent him to court with all his belongings and he was immediatley released to five years of county probation.


Super Shock: The exact scenario as above except, The prisoner was not allowed to apply for probation until after six months of time served in and institution.

The normal inmate released on shock was a non-violent, first time offender.


I received Super Shock in 1992. Ohio stopped the above mention practices of Shock probation and now they have almost the same program called "Judicial Release".

Thanks guys, I think that waiting on his sentence has made me a little crazy at times. When I see or hear of something that I haven't heard about before it gets me to thinking. I hate to admit it but before this happened with my son I didn't think about all the pain that a loved one goes through day to day just to make it untill tomorrow. My heart goes out to all of you here.

Annie

If anyone knows about how this works in Colorado and could give me some help, I'd bake you a pecan pie...

Hi I'm new to all this. I would like somehelp with the whole shock probation thing. If anyone knows anything about how this works in the state of Texas can you please let me know. I have heard that you have to do this before one gets sentenced? Is this true? Any help would be greatly appreciated it.

I would like some information on how it works in Kentucky. Any infromation would be helphful Thank you

I would like some information on how it works in Kentucky. Any infromation would be helphful Thank you

Pat_Shorty,
I was just released from prison in Ky in March and I can tell you that the chances for shock in this commonwealth is very slim!! The inmate has 6 months from the date of sentencing to apply for shock, which is basically just asking the judge for a second chance. The inmate may apply up to three times in that 6 month period, and they may be turned down the first time and told not to reapply, it is strictly up to the judge.
In my case I was turned down the first time and it took about 6 weeks to get the judge's answer, I then applied again and he held his response for 3 1/2 months and turned me down again, it was too late to apply again.
Everything about this is up to the judge, some judges will not even consider giving shock for any reason. It seems as though they feel that any leniency they would give was given at sentencing and that we should not even ask for shock.
In 21 1/2 months in the system I only heard of two people getting shock, sorry.
Don't give up hope though, anything is possible, just be ready for the bad news in case you get it. Best of luck to you!