Alternatives to Jail

Depending on the severity of the criminal charge or on other case-specific details, a person may avoid serving time in jail by participating in one of a number of alternative sentences.  Prisons are over-crowded and are an expensive investment made by the state.  Many studies have been done which suggest that placing convicts in jail is not an effective method of rehabilitating them or of reducing the risk of repeat offenses.  States offer different alternatives to a sentence of prison time and the options of alternative sentencing also vary depending on the type of criminal conviction.  Some judges are open to creative alternatives to suit the crime, and other judges may not offer any alternatives.  Offenders of some crimes are not eligible for any alternative sentencing.  Below are some examples of alternatives.

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Drug Rehabilitation Programs

 A rehabilitation program provides the convict with therapy and an opportunity to recover from a drug addiction.  A rehabilitation program will have strict accountability rules including mandatory attendance at meetings and counselor appointments.  Random and scheduled drug testing is also usually part of the program.  Failure to attend meetings or to submit to the drug testing will result in removal from the program placement in jail.

Work Release Programs

The participants must perform work, usually physical labor, at a designated site (often called “the work house”) and are allowed to either sleep in a dormitory or to go home to sleep at the end of the day.  Participants must check in for work each day and some have to check in with their probation officers.  Failure to appear for work on time or to meet the probation officer at a scheduled time can result in removal from the program and placement in jail.

House Arrest/ Electronic Monitoring

House arrest allows participants to go to work or school or any other activity approved by the court.  The participant is fitted with an ankle bracelet which allows probation officers to monitor where the participant is at all times.  Some participants are not allowed to leave their homes, but some are allowed a larger perimeter within which they may travel.  A newsworthy case of house arrest was Martha Stewart, who wore an ankle bracelet after she served some time in jail and wore to an awards dinner which the court approved.  She later commented that she had to find a dress that would camouflage her ankle bracelet.

Community Service

Community service is a sentence which involves working in and for the community.  Community service is an appropriate punishment for those convicted of lesser crimes because people convicted of more serious crimes could pose a threat to the community.  Crimes against the community are appropriate for community service sentencing and sometimes the specific service is designed to fit the crime. For example, a person convicted of destroying property though graffiti may be required to clean up public and private buildings of all graffiti.  Some community service will involve cleaning up parks, or roadways of litter.  Community service is supervised by officers of the court and participants must show up at their scheduled times of service and must perform the service satisfactorily in order to complete the program.

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