If you plead guilty to a crime or are convicted after a trial, you may assume that you’ll spend at least some time in jail or prison. But that’s not necessarily the case. You might only have to pay a fine, serve time with some form of community sentencing, or go through treatment or other programs as a condition of probation. Your sentence—and whether you’re eligible for alternatives to incarceration—will depend on several factors, including:
Advocates for criminal justice reform have long argued for alternatives to incarceration as a better way to rehabilitate offenders and avoid the harm to their families and communities. More and more states are coming around to that point of view, especially since alternative sentencing saves taxpayer money and reduces prison overcrowding.
Incarceration refers to serving time in jail or prison. Jails are run by local authorities and are designed for short-term sentences (usually a year or less), as well as detention before trial or sentencing. Prisons, which are run by state governments or the Federal Bureau of Prisons, are meant for inmates serving longer sentences.
Typically, defendants convicted of felonies go to prison. That general rule may be changing, however. California instituted a major reform in 2011 known as “public safety realignment,” which shifted many lower-level, nonviolent felony offenders from prison to the supervision of county sheriffs’ and probation departments. In the ensuing years, far fewer offenders ended up behind bars in the state, either in prison or county jail.
Many less serious offenses—from routine traffic violations to petty theft and shoplifting—carry a sentence of only a fine. For some other crimes, fines may be combined with other types of punishments.
An order to pay restitution may be part of the sentence for certain crimes. Restitution is different than a fine because it goes directly to the victim or to a state restitution fund.
Many states provide some form of community sentencing or community control, either as a condition of probation or a punishment on its own. Offenders may live in halfway houses (now usually called community correctional centers or residential rehabilitation centers). Although many people think of these facilities as transitions from prison to life “outside,” state laws may allow direct sentencing to community control for some crimes. This type of sentence usually requires cooperation with treatment programs, curfews, and other strict rules.
After a criminal conviction or guilty plea in some cases, judges may sentence the offenders to probation. In those cases, the jail or prison sentence is usually suspended as long as the offender meets the conditions of probation. In other cases, offenders will be placed on probation after a period of incarceration or under a deferred sentencing agreement (which allows criminal charges to be dismissed after the defendant pleads guilty and then completes probation).
Traditional probation conditions include reporting to and obeying a probation officer; paying fees, fines, and restitution; keeping a job or going to school; and obeying all laws. But many other alternative sentences may be included as a condition of probation, including:
If you’ve been charged with a crime and are hoping to get some form of alternative sentencing, you should discuss the matter with your lawyer. Eligibility requirements for alternative sentencing vary depending on your record, the charges, and where you live. Some programs like drug courts might involve giving up some of the constitutional rights that defendants have in normal criminal proceedings. And most involve fees that you’d have to pay. An experienced criminal defense attorney can explain how local laws apply to your case, as well as the pros and cons of various sentencing alternatives.
