Sentencing Alternatives To Jail Time

Every time a person is convicted, jail time isn’t necessarily the outcome. There are some crimes that carry determinate or Consecutive Sentences. This means that a conviction of that crime carries a minimum sentence that must be handed down, regardless of the circumstances. When convicted of a crime with a determinate sentence that requires jail time, there is no alternative because the judge is required to pass that sentence.

Often, even with crimes that don’t carry determinate sentences, jail time is combined with other penalties. Sometimes a sentence of “time served” is handed down, meaning the only jail time required is the time the person already spent in jail waiting for trial. And in some cases a judge might sentence a person to do weekends in jail, to enforce a punishment but allow the person to work during the week and keep his or her job.

But sentencing is often up to the judge’s discretion, and he or she has many options besides jail time.

• Fines
• Community service
• Drug or alcohol rehabilitation programs
• Probation
• Suspended sentences
• Restitution
• Various programs relevant to the crime
• House arrest

The Most Common Jail Alternatives

Fines, restitution, community service and probation are the most common alternatives to a jail sentence. Sometimes drug and alcohol offenders are required to complete rehab rather than serving jail time, too. Very often these will be included with a jail sentence, but in many cases they are ordered in place of jail or prison time. The offenders most likely to receive these instead of jail time are first offenders convicted of minor crimes.

A suspended sentence is a unique case. Some crimes make the offender ineligible for a suspended sentence, but when it is a possibility, a judge can sentence a person to a set number of months or years in jail. The judge will then suspend that sentence, which means the convicted person does not have to serve that time. A suspended sentence usual comes with conditions, as well as probation or a court-ordered rehabilitation program of some kind. If the person doesn’t meet the conditions the judge gives, then the judge can rescind the suspending of the sentence and require the person to serve the time after all.

Other Jail Alternatives

Some people are sentenced to jail time, but it’s adjusted so that they can serve their time in their homes. Some sort of electronic monitoring device, like an ankle bracelet, is set to go off if the person ventures too far from home or is gone for a set amount of time.

Many other sentencing alternatives to jail time are designed to fit the crime. A person convicted of driving under the influence of alcohol may be forced to install an ignition device on his car that won’t allow the car to be started until the driver blows into a tube. Programs may also be in place to help educate those convicted of abuse, child neglect or a variety of traffic violations.

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