Sentencing

After an individual is found guilty of a crime, a judge imposes a sentence which may include fees, fines, community service, probation, jail, community corrections, or prison. The prosecutor and defense attorney on the case provide recommendations to the judge, who decides on the ultimate sentence. This section presents information on sentencing by the most severe sentence imposed on the case.

Why is this important? It is important to ensure sentences minimize unnecessary punitiveness while appropriately addressing serious crime. In addition, we want to treat all individuals fairly and equitably.

It is important to read sentencing information together with the other material provided on this website. For example, the chart below deals with sentences imposed on felony convictions. You may also consider additional data such as how felony cases resolved (i.e.: the percentages that were dismissed or reduced to misdemeanor offenses) for greater context and insight into these numbers.

The Judge makes the final determination on sentencing. Plea agreements are reached between prosecutors and defense attorneys, who consider a number of factors. Such factors may include community and victim safety, input of the victim, defendant's criminal history, strength of the case, defendant’s acceptance of responsibility, and level of cooperation with rehabilitation that may include behavioral health and substance use issues.

Our office values the Community Corrections program as a suitable sentencing option for some defendants to get the assistance and resources they need while remaining in the community.

Recidivism after a community-based (non-incarcerative) sentence is an important data point. Our office uses alternatives to incarceration as a positive intervention in a defendant’s life with the hope that it provides a level of supervision and support that enables defendants to get out of the criminal justice system. The low percentage of defendants that reoffend after a community-based sentence is encouraging. However, our office will continue to work with stakeholders to try to reduce this number further.

Indicators

Below are a set of indicators that provide additional context about sentencing. These indicators help the DA's Office ensure fairness in the type and severity of sentences imposed, reducing unnecessary pretrial detention, and avoiding unwarranted incarceration without compromising public safety.

Our office prioritizes incarceration of dangerous defendants. That includes defendants who pose a risk to the safety of victims and community, have committed serious offenses, have an established pattern of escalating criminal behavior, have demonstrated a disregard for court orders, or are a flight risk.

Deferred judgments offer an opportunity for a defendant who does not pose a community safety risk to avoid a permanent criminal conviction upon successful completion of certain obligations. There are many reasons why a person may be offered a deferred judgment including, the person's age, criminal history, the seriousness of the offense, the goals and desires of the victim, and whether rehabilitative and therapeutic goals can be met.

If successfully completed, a deferred judgment results in a case being dismissed. A defendant would not have a permanent criminal record. A sentence to traditional probation involves a conviction.

Given the reduction of many felonies to misdemeanors, our office may need to develop different standards or reassess which cases are eligible for deferment.

Community Corrections (often referred to as COMCOR) allows offenders to live in the community with intensive supervision as an alternative to prison. COMCOR offers robust and timely rehabilitative programming compared to prison. Programs can include in-patient drug and alcohol treatment, addiction therapy, cognitive therapy, sex offender treatment, and employment and life skills coaching.

Typically, a person sent to COMCOR is required to live at the facility and may only leave to work, to look for work, or attend required classes. Successful offenders may earn the ability to live away from the facility under supervision similar to probation.

Each defendant must apply for and be approved by the COMCOR board before being admitted.

Pretrial Detention Indicators

Below are a set of indicators that provide additional context about pretrial detention, incarceration in jail prior to case resolution. These indicators help the DA's Office ensure the reduction of unnecessary pretrial detention.

While a prosecutor is responsible for arguing the amount and type of bond and the conditions of release, the judge makes the final determination on pretrial detention. Prosecutors make their recommendations to promote public and victim safety, prevent misconduct while on bond, and attempt to ensure defendants make it to their court appearances.

Notes

• Underlying data counts for each chart can be accessed through this link.
• This data reflects only those cases where a sentence was ultimately imposed. Cases that resulted in diversion, an outright dismissal, or some other resolution, are not reflected here. 
• This data represents initial sentences only, sometimes a case may have a subsequent sentence in cases because of a revocation of probation or due to a request to modify the sentence. Those subsequent sentences are not represented here.
• Warrants are excluded (for all cases identified as a warrant).