HOW SPLIT AND SUSPENDED SENTENCES WORK

How do suspended sentences work? What does "1-0-2 mean?" There are a few different types of sentence structures a court can impose on a defendant following a conviction: fines, unconditional discharge, conditional discharge, probation, jail or a combination of different types. A court can suspend the execution of a sentence, meaning that the jail term will end or not start until another condition occurs. 

FINES AND IMPRISONMENT

A court can impose a sentence of fines and/or jail. If the jail sentence is flat (or "straight") time, it will start immediately and will be over when the term of imprisonment is complete. 

UNCONDITIONAL DISCHARGE

An unconditional discharge is essentially a warning. There is no jail, fine or period of probation or conditional discharge or any other obligation on the defendant. This is often used in a sentencing package when there are multiple charges and convictions but can stand on its own. 

CONDITIONAL DISCHARGE AND PROBATION

There are two major types of court-ordered supervision: conditional discharge and probation. In both, the court sets conditions the defendant must follow. Probation is a period of monitoring, by Adult Probation of the Court Support Services Division. For a conditional discharge ("C.D."), the defendant is on his or her own to follow the court's conditions and is not monitored by Probation.

SUSPENDED SENTENCES

A jail sentence can be suspended in its entirety or in part. When a sentence is suspended entirely, the defendant does not go to jail right away. These are often said as "(Time) suspended, (time of) conditional discharge/probation." They are usually written along the lines of "1-0-2." Suspended sentences include a first number, which is the time hanging (suspended) over the defendant. The third number is the period of supervision, which is a conditional discharge or probation. During that time, the defendant must comply with certain conditions. Violation of those conditions may lead to a charged Violation of Probation or Coditional Discharge for which the suspended portion is the potential punishment. 

SPLIT SENTENCES

A split sentence is is a suspended sentence that includes some jail time. An example is five years suspended after two (5-2-3), three years probation. In that sentence, the jail term would be two years (the executed part). After the jail is served, the unexecuted part of the sentence--three years (because two of the five were served)--hangs over as the potential sentence for a violation of probation (VOP). 

PAROLE AND SPECIAL PAROLE

Parole is not part of a court's sentence but a period of monitoring for a defendant who is released from prison early. It is monitored by the Department of Correction and Board of Parole. The Board of Parole determines release for parole-eligible sentence, which are those that are more than two years of prison. Special Parole is a period of monitoring that a court imposes as part of a sentence that is monitored by DOC and Parole, not probation. Violations of Special Parole are handled by those authorities that well in an administrative rather than judicial process.