Frequently Asked Questions

FAQ

 

Q) What is the difference between a “concurrent” sentence and a “consecutive” sentence?

A) Concurrent sentences (terms of incarceration) are served at the same time; whereas, consecutive sentences are served one after the other (sometimes referred to as “stacked” sentences).

Q) What is the difference between a “determinate” sentence and an “indeterminate” sentence?

A) Determinate sentences (terms of incarceration) are sentences of a specific period of time and must be fully served, less time off for good behavior. Conversely, indeterminate sentences have a “range” of time that can be served. For example, a three (3) to five (5) year sentence is an indeterminate sentence, as it has a minimum and a maximum time to be served.

Q) What is a “suspended” or “deferred” sentence?

A) A person receiving a sentence such as six (6) months in jail could have the sentence suspended or deferred based on the individual’s agreement to comply with all of the terms of their plea agreement, probation grant, or agreement to complete some type of substance abuse/alcohol treatment program. The individual’s failure to comply with the terms of their agreement could result in the imposition of the “suspended” or “deferred” term of incarceration.

Q) What are “Truth-in-Sentencing” laws?

A) Truth-in-Sentencing legislation encourages states to pass sentencing laws that guarantee that convicted individuals will serve close to their entire sentence rather than just a portion of it (regardless of their behavior while incarcerated). Truth-in-Sentencing laws are also sometimes referred to as “85% laws.” Prior to Truth-in-Sentencing laws, parole boards retained significant freedom in releasing convicted offenders prior to the completion of their sentence.

Q) What are “Three Strikes” laws?

A) “Three Strikes” laws mandate enhanced terms of incarceration for individuals with prior convictions who are subsequently convicted of additional felony convictions. It is important to note that the application of “three strikes” legislation is not uniform throughout all states. For example, some states impose mandatory life without parole sanctions, and other states such as Arizona, require sentence enhancements for subsequent convictions.

Q) What does the term “Felony Murder” mean?

A) Most states, and the federal government, have felony murder statutes that punish as murder the causing of a death of another while the defendant is committing a felony of violence. It is extremely important to note that a felony murder charge and conviction does not require a showing of malice or deliberate intent to kill.

Q) What is the difference between “Work Release” and “Work Furlough?”

A) There are several differences between work furlough and work release. The work furlough program is monitored by the Adult Probation Office and requires that the individual pay a daily fee and that their employer sign a “letter of understanding” acknowledging knowledge of the situation; whereas individuals serving a work release sentence are not subject to those requirements.Most importantly, it is important to understand that work release is typically only available to individuals that are sentenced to jail for misdemeanor offenses. Work furlough is a completely separate program from that of work release (with very different rules) and is typically given to people that are sentenced to jail for felony offenses. Here is a more detailed explanation of how the work furlough program works in Maricopa County.

Work release allows for a person to be released from jail for up to twelve (12) hours per day, six (6) days per week. Individuals serving a sentence with work release privileges are typically not subject to the same scrutiny as those in the work furlough program and are able to return home and take care of personal errands/obligations during their release hours.

Individuals serving sentences of fifteen (15) days or longer in either the work release or work furlough programs are typically required to provide the jail with health screening forms at the time that they begin their term of incarceration. Failure to provide the jail with these forms could result in a delay in being placed into the program. Here is a link to the forms for your convenience.