A deferred sentence allows a defendant to be placed on supervised probation and to put off sentencing until a later specified date. If the defendant violates the terms of the deferred sentence, the court may accelerate the date of sentencing and enter a judgment. The deferred judgment procedure does not apply to sex offenses that require an offender to register pursuant to the Sex Offenders Registration Act. Offenders with prior felony convictions are ineligible for a deferred sentence unless the court waives this prohibition upon written application of the district attorney.
A court may suspend the execution of a sentence in whole or in part, with or without probation. Offenders who receive suspended sentences with probation are supervised by the Department of Corrections for a period specified by the Judgment and Sentence. For example, if an offender receives a one year suspended sentence, they will be supervised for one calendar year beginning the date the Judgment and Sentence was rendered. This statute allows the Department of Corrections to end supervision at two years if deemed to be in the best interest of the public.
If a violation warrant is issued by the court prior to the termination of the suspended sentence, the offender goes through a revocation process and may have the sentence revoked by the court. If the sentence is revoked, the offender will be remanded to Department of Corrections custody for the period specified.
A split sentence is when a court specifies both a term of incarceration and a term of probation. After the incarceration term is completed, a detainee may be released and the probation term will begin. The probation term is subject to revocation and additional incarceration if the terms of the probation are violated.