California is one of several states that choose to implement split sentences in some cases. As part of California’s realignment of criminal justice policies, split sentencing allows the defendant to serve their sentence in two parts. California Penal Code 1170(h)(5) allows the court to sentence the defendant to serve part of their sentence in jail, and the rest under community supervision. This becomes preferable for the state in lieu of jail overcrowding, so it’s important that defendants understand whether they are eligible to receive a split sentence and potential consequences of a split sentence.  Split sentences apply to county jail prison sentences in felony cases.  For example, a person sentenced to 16 months in LA County Jail, would serve the first four months in custody (due to PC 4019 good time/work time credits) and then serve another four months on community supervision.   This is preferable to 8 months in custody for most defendants.  Split sentences are most commonly offered inserious drug cases and non-violent felony theft cases.

What does the community supervision portion entail?
Under the California Penal Code, part of the defendant’s sentence is suspended under community supervision. During this time of suspension, a probation officer supervises the defendant, and ensures the defendant complies with the terms, conditions, and general procedures of community supervision. As a mandatory portion of the defendant’s sentence, only the court can terminate the supervision period prematurely.

While community supervision may sound like probation, it is slightly different. Split sentences are different from probation and parole, in that the defendant actually receives credit for each day served under community supervision. This credit goes toward the term of imprisonment the court imposes. The credit also reduces the defendant’s term of imprisonment if they violate the community supervision requirements and returned to custody as a result of the violation.

How probation typically works:
Example: A defendant is convicted of narcotic possession, and is sentenced to three years on formal probation, and six months in jail. At sentencing, the court tells the defendant that any probation violations during this term will result in a two-year jail sentence. The defendant serves her jail sentence, but violates probation the day she gets home. As the court ordered, she will now have to serve a two-year sentence. However, she will receive credit for the six months she has already served. On the other hand, say the defendant almost makes it to the three-year probation term, but violates the conditions of probation on the last day of her probation term. She still has to serve the two-year jail penalty, and will still receive credit for the 180 days served, but she will not receive any credit for the time she spent on formal probation (out of custody).

How split-sentencing works:
Example: Using our same defendant, the court instead sentences her to a split two-year sentence, allowing release after six months. However, the rest of the sentence will be served under community supervision. Every day that she does not violate the terms of community supervision imposed by the court, her potential sentence upon a violation decreases. If she violates community supervision after two days of being released from jail (after her six-month sentence), she will serve another day and 183 days in jail. As you see, she receives credit for the two days she was out of custody and under community supervision.

Am I eligible for a split sentence?
Split sentencing sounds much more favorable than other types of sentencing, so who is eligible? Eligibility varies from state to state, and likely depends on the type of crime. Some states specifically exclude certain types of crime from split sentencing. Many states also disqualify certain defendants if they have several other convictions. In addition, defendants who are sentenced to a term exceeding 20 years is not eligible for split sentencing – simply due to the significant length of the sentence. This is where it becomes important to have a competent defense attorney. If your attorney can argue for a lesser conviction, you may be more likely to be eligible for split sentencing.

What are the pros and cons of split sentencing?
If the defendant is not confident that she can comply with the conditions of community supervision, split sentencing may not be the best route. Defendants are expected to follow stringent rules and regulations, so some defendants may prefer to just serve their time and be done – without the worry and monitoring that comes with community supervision or probation. In addition, defendants who have several crimes against them may be better off considering a plea deal. Again, obtaining an experienced, competent criminal defense attorney is the best way to get the most favorable outcome, which will depend on the facts of each individual case.