Alternative punishment is a form of punishment that is being adopted by many court systems for non-violent offenders and juveniles in an attempt to keep people out of jails and to rehabilitate them more effectively. This type of punishment has been used to some degree for many years, but judges across the country are increasingly choosing alternative punishments for a variety of reasons.
Some forms of alternative punishments include:
- Community Service
- Agreement by the offender to complete drug or alcohol counseling
- Restitution to the victim or the state
- Agreement to enter a treatment facility for drug or alcohol abuse
- Increased probation or restrictions such as curfews and drug tests
- Offender-Victim programs
- Electronic Monitoring or House Arrest
There are many reasons why judges are choosing alternative punishment methods such as those listed above as opposed to jail time. In many states and counties, jails and prisons are overcrowded and offenders are non-violent offenders are often released early due to a lack of room. Alternative punishment keeps these offenders out of the prison system while still requiring them to pay for their crime.
Another reason judges may be choosing alternative punishment is due to a high rate of recidivism when offenders are placed in the criminal justice system. According to a prison study done by the Commission on Safety and Abuse in America's Prisons, 67% of former prisoners are rearrested and 52% are re-incarcerated. These statistics may be making judges question the effectiveness of the U.S. prison system. As a result, some judges are choosing to hand down punishments that directly relate to the crime committed, such as restitution for an offender that steals or an alcohol treatment program for one that is convicted of a DUI.
Alternative punishment programs are also being used more often for juvenile offenders, most likely in the hope that they will be rehabilitated without having to be placed in an institution. Some states, such as New York, are working very hard to allocate funds to alternative programs. A bill proposed in the New York State Senate by Senator Montgomery is asking for 12 million dollars to be set aside for alternative punishment programs for juveniles in the state.
Those who are being tried for a crime, whether juvenile or adult, may want to speak to their attorney regarding the potential for alternative punishment if they are facing jail time.
*This article is intended to be used for informational purposes only and is not intended to be used as legal advice. Those who require legal advice should seek the counsel of a qualified attorney.