On March 21, Trenton Rodriguez was sentenced for his actions regarding the accident on October 22, 2011, in which one teen was killed and another injured. For the Intoxication Assault with a Deadly Weapon charge, a third-degree felony, Rodriguez received ten years’ probation. He will have to undergo a substance abuse evaluation and receive treatment. He will also receive credit for time served for the statutory 30 days jail time required. The state will abandon the deadly weapon charge.
For the Intoxication Manslaughter charge, which is a second-degree felony, Rodriguez received ten years’ jail time in the Texas Department of Criminal Justice (TDCJ). However, the state will not oppose shock probation, if a motion is filed after he has been imprisoned for 120 days from the date of this judgment and has served his time well. If shock probation is granted, he will receive credit for the mandatory 120 days served, but he will also have to pay court costs, $2,500 in restitution to the victim’s family, and waive his right to habeas corpus. If Rodriguez violates any of the conditions of shock probation, he will immediately return to prison to serve out the full term behind bars.
Shock probation provides defendants with an opportunity to receive probation after spending a short period of time in a jail or prison. The theory underlying shock probation is that immersing a defendant in the penal system for a short period of time can “shock” him or her into a non-criminal lifestyle. For many a first offender, the worst part of prison comes in those shocking first days behind bars. Stunned by the strip search on entering, the frightening environment of the prison, and the long incarceration stretching ahead, the new inmate is overwhelmed. Theoretically, this will reduce recidivism and encourage the inmate to never commit another crime.
Like other forms of probation, shock probation is considered a privilege rather than a right or entitlement. This means it is up to the discretion of the sentencing judge. In Texas, judges may grant shock probation to felony and misdemeanor offenders within six months of the time they begin serving their jail sentences. For felony offenders to be eligible, this must be the first felony for which they have been incarcerated. As Texas allows jury sentencing, juries also may recommend shock probation. Once released, offenders are put on community supervision.
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