About The Sentencing Foundation

What is The Sentencing Foundation?

The Sentencing Foundation (TSF) is the logistical support for a crime reduction program known as Resource-Based Sentencing and Supervision. At its core, the program is a logistical resource specifically designed to reduce recidivism while simultaneously promoting and improving the general public’s perception of the Criminal Justice System’s ability to actually produce just results.

Why does The Sentencing Foundation exist?

With over 97% of (federally) incarcerated individuals being released from custody at some point in their lifetime, it is crucial to recognize the danger and likelihood of recidivism under our current criminal justice structure. These individuals are released from custody but do not have the tools or resources to effectively re-enter the community. Defendants often struggle with substance dependency, mental health issues, educational limitations, employment deficiencies, as well as long term and short term housing challenges.

According to the National Institute of Justice, about 44% of people released from prison are re-arrested within the first year after release, and 68% were re-arrested within the first 3 years. The system is not structured to support the re-entry of formerly incarcerated individuals nor is it built to humanely house and feed millions of people, thereby trapping society in a system of incarceration.

The Sentencing Foundation exists because we recognize this cycle and its consequences. By addressing associated systemic issues, we effectuate real reductions in crime.

What is the Resource-Based Sentencing and Supervision Program and where does TSF come in?

The Resource-Based Sentencing and Supervision Program is a comprehensive crime reduction program that aims to address the root causes of crime, thereby reducing recidivism. The program relies on the commitment of the sentencing and supervising judge in referring defendants to organizations dedicated to helping incarcerated peoples, a.k.a. re-entry resources, and the commitment of the defendant in properly utilizing those resources to improve their livelihoods.

The Sentencing Foundation, as the logistical support for this program Resource-Based Sentencing and Supervision, gathers local re-entry resources in the jurisdiction that the judge operates in. We then connect these reliable re-entry resources with judges, and the judges then use those resources to benefit defendants.

With the support of The Sentencing Foundation, this program can effectively and efficiently operate in every state and federal criminal court room in America.

How Does Sentencing and Supervision Typically Work?

A guilty person will face a sentencing judge after a guilty plea or a trial deeming them guilty. The judge will pronounce a sentence which will order that person to probation, jail or a combination of jail and probation/parole.

Excluding those of specialty courts (like mental health courts, drug treatment courts, or other diversionary programs), the general path in state and federal criminal courts transfer the convicted person to a probation officer or a parole officer, once any period of incarceration has been served. The next time the sentencing judge encounters that person is when a probation or parole officer requests a Violation of Probation/Parole (“VOP”) hearing. Generally, a VOP request is made because the convicted person has either had an additional arrest, an additional conviction or the officer finds some other lack of compliance. The officer generally recommends additional punishment measures.

Since supervising judges generally have no experience with the convicted person (beyond the sentencing hearing, and possibly prior VOP hearings), that supervising judge will usually follow the officer’s recommendation.

What does the Resource-Based Sentencing and Supervision process look like?

The process for Resource-Based Sentencing and Supervision ensures that defendants are provided with the tools needed to reduce recidivism and reintegrate into society.

During this process, he sentencing/supervising judge will:

Identify the reason(s) for the defendant’s offense;
Order conditions which directly address the identified reason(s);
Engage with the defendant to construct a comprehensive plan on how to meet the ordered condition(s);
Conduct periodic status hearings to hold the defendant accountable for making reasonable progress on fulfilling the condition(s).

The judge will refer defendants to cost-free re-entry resources that will assist them in fulfilling the ordered condition(s). Resources may fall under one of the following categories:

Mental Health Support
Substance Abuse Guidance
Educational / Vocational Training
Employment and/or Entrepreneurial Opportunities
Long-Term and Short-Term Housing Solution Related Services

The program holds the resources and the defendants directly accountable to the sentencing and supervising judge. Probation/parole officers will continue to supervise defendants and will act as a liaison between the resources and the defendants. Sentencing/supervising judges are responsible for pronouncing comprehensive sentences and providing direct oversight of guilty defendants’ progress, playing an active role in ensuring the defendant does not reoffend.

This program helps defendants improve their outcomes after conviction, providing them with the resources required to become productive citizens and not recidivate (reoffend). It aims to serve as a mechanism by which a paradigm shift can occur in how criminal-justice-involved people interact with their sentencing and supervising judge.

Please see the flowchart below to see what RBSS looks like as compared to a typical sentencing model.

Is TSF Applicable in Your Jurisdiction?

Yes. TSF ensures that Resource-Based Sentencing and Supervision can effectively and efficiently operate in every state and federal criminal court in America regardless of whether it is in big cities or small rural communities.