Conditional Sentencing and Release

Conditional Sentencing (Informal Probation)

With informal probation, the judge orders the offender to a revocable release into the community as that person's primary sentence, often following a guilty plea. This sentence will usually come with mandatory conditions to which the offender must adhere, such as attending drug or alcohol treatment, paying fines, or completing community service. The primary condition that must be met is that the offender must not commit any further crimes. Unlike formal probation, which involves close supervision by a probation officer and often follows a term in jail, informal probation is more typically used in lieu of prison time altogether.

This type of probation is often offered to juvenile offenders if they confess to a relatively minor crime and/or as a diversionary sentencing option. If the sentencing judge determines that an incarceration term may be detrimental to the offender's rehabilitation or place the offender at higher risk of recidivism, then the use of informal probation may be a viable option. Not limited to juveniles, this type of probation may also be offered to adults who have pleaded guilty to a misdemeanor offense, such as driving under the influence, possession of drug paraphernalia, or vandalism. In many jurisdictions, the use of informal probation is formally prohibited for individuals who have committed a felony. Generally, informal probation may be substituted at the judge's discretion whenever the state's legislation permits the use of probation as a sentencing option for the particular offense committed.

Far more lenient than incarceration, informal probation is also considered less stringent than formal probation, both in reporting and in monitoring and the duration of the term. Unlike formal probation, informal probation generally does not involve the offender being assigned to a probation officer, and the offender is therefore not closely monitored while on probation. Rather, he or she is typically responsible for reporting directly to the court regarding adherence to the conditions set by the judge and maintenance of good behavior. Informal probation terms also tend to be shorter than formal probation terms, at times only as long as a month, as opposed to the possibility of years under a formal probation term. However, placing an individual on informal probation does not erase or negate a criminal conviction, as that person's admission of guilt will remain on his or her criminal record, much as it would if jail or formal probation were ordered.

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