Can a Crime Committed on Probation Lead to Harsher Penalties?
Yes, a defendant can receive additional punishment for committing a crime while on probation. The legal framework allows courts to impose a harsher sentence when an individual on probation violates the conditions of their release by committing a new offense. In such cases, the court may impose a prison sentence for the new crime, even if the sentencing guidelines would ordinarily recommend probation or a nonprison sentence. This principle was highlighted in State v. Trimble, 21 Kan. App 2d 32 (1995).
Key Takeaways from State v. Trimble
Dispositional Departure and Increased Punishment:
The court in Trimble examined whether the imposition of a prison sentence, rather than probation, for a defendant who committed a crime while on probation constituted a dispositional departure. Under Kansas law, a dispositional departure occurs when the court imposes a prison sentence when the presumptive sentence is nonimprisonment (probation), or vice versa. The court held that in cases where a defendant commits a new felony while on probation or parole, the court can impose a prison sentence, even if the presumptive sentence would normally be probation, and this does not necessarily constitute a departure.Kansas Sentencing Guidelines and Probation Violations:
According to K.S.A. 1993 Supp. 21-4703(h), a dispositional departure is a sentence inconsistent with the presumptive sentence. K.S.A. 1993 Supp. 22-3716(b) allows courts to impose a consecutive prison sentence for a new crime committed while the offender is on probation, parole, or community corrections. In such cases, a prison sentence is appropriate even when the guidelines suggest probation for the new offense. The court emphasized that a judge is not required to adhere to presumptive sentencing guidelines if substantial and compelling reasons exist for a departure, such as the defendant’s criminal history or the fact that the crime was committed while on probation.Substantial and Compelling Reasons for Departure:
When reviewing a departure sentence, appellate courts consider whether the sentencing court's findings are supported by the evidence and whether they constitute substantial and compelling reasons. In Trimble, the trial court cited the defendant's extensive criminal record and the fact that the new burglaries were committed while on parole as reasons for the upward departure. The defendant had a long history of criminal activity, including 32 burglary convictions, which justified the court’s conclusion that the defendant was not amenable to probation and required imprisonment instead.The Legal Changes and Their Application:
At the time of the original sentencing, the court treated the defendant’s parole status as a reason for imposing a prison sentence. However, amendments to K.S.A. 1993 Supp. 21-4603d later clarified that a prison sentence could be imposed without constituting a departure if the new crime was committed while the defendant was on parole, probation, or community corrections. While these amendments were not yet in effect at the time of Trimble's sentencing, they were significant in affirming that crimes committed while on release could justify harsher penalties, even when the presumptive sentence would otherwise suggest probation.
Legal Framework for Sentencing When a Crime Is Committed on Probation
Probation Violations and Sentencing:
If a person commits a new crime while on probation, they can face additional penalties. The court is permitted to revoke probation and impose a prison sentence for the new crime, regardless of the presumptive sentence under the guidelines.Dispositional Departures:
A dispositional departure occurs when a court imposes a sentence that deviates from the expected guideline, such as ordering prison instead of probation. However, if a new felony is committed while the individual is on probation, parole, or community corrections, a prison sentence may be imposed without being considered a departure, according to K.S.A. 1993 Supp. 22-3716(b).Substantial and Compelling Reasons:
When considering an upward departure (imposing a harsher sentence), courts must identify substantial and compelling reasons, such as the defendant's prior criminal history, the severity of the crime, or the fact that the crime was committed while under supervision. In Trimble, the defendant’s extensive history of burglaries, along with the fact that the new offenses were committed while on parole, provided compelling reasons to impose a prison sentence.
Conclusion: Additional Punishment for Crimes Committed While on Probation
A defendant who commits a crime while on probation can receive additional punishment, often in the form of a prison sentence, even if the sentencing guidelines initially recommend probation. Courts have the authority to impose a harsher penalty, particularly when there are substantial and compelling reasons, such as a history of criminal activity or the nature of the new offense. In State v. Trimble, the court upheld the imposition of a prison sentence for a defendant who committed multiple burglaries while on parole, citing the defendant’s lack of amenability to probation as a key factor justifying the increased punishment.
Frequently Asked Questions (FAQs)
What happens if I commit a new crime while on probation?
If you commit a new crime while on probation, the court can revoke your probation and impose a prison sentence for the new crime, even if the guidelines would typically recommend probation.Can the court impose a harsher sentence for a crime committed on probation?
Yes, the court can impose a harsher sentence for a crime committed while on probation or parole. The court may impose prison time even if the sentencing guidelines would normally suggest a nonprison sentence.What are “substantial and compelling reasons” for a departure?
Substantial and compelling reasons are circumstances that justify a deviation from the presumptive sentence. These can include factors like the defendant’s prior criminal record, the nature of the crime, or the fact that the crime was committed while on probation or parole.Can I appeal a sentence if the court departs from the guidelines?
Yes, you can appeal a departure sentence, but the appellate court will review whether the sentencing court’s findings were supported by the evidence and whether they constituted substantial and compelling reasons for the departure.Does the court always impose prison time for new crimes committed on probation?
Not always, but the court has the discretion to do so, particularly when the new crime is serious or when the defendant has a history of criminal behavior.