Alternatives to Incarceration
The United States government is struggling with exploding jails and prisons, and courts are now more open to alternative ways to rehabilitate criminals or law offenders. Lawmakers can give alternative punishments besides imprisonment provided the punishment for a crime is not a mandatory sentence.
The alternatives to incarceration are non-custodial sentences, such as fines and probation which have been applied by courts for some time but other alternatives like community service have also become popular. Toronto criminal law can be complicated and that’s why you should consult a Toronto criminal lawyer if you’re facing criminal charges. Alternatives to Incarceration (Non-Custodial Sentences) Studies show that noncustodial or community-based correctional sentences help reduce recidivism–the likelihood of relapsing to crime, compared to imprisonment. However, no non-custodial sentence is preferred over others. The advantages of non-custodial alternatives include judicial efficiency, reduced rehabilitation costs, and health benefits of decongestion. Common alternatives to incarceration or non-custodial sentences include: 1. Fines, Restitution, and Community Service Courts impose non-custodial sentences for misdemeanor crimes, such as public disturbance or disorderly conduct and others, as an alternative to imprisonment. Non-custodial sentences can also be preferred for felonies, such as property damage and embezzlement, particularly where the accused is a minor, and vulnerable to influence.
2. Probation Probation (supervised or unsupervised) can also be recommended instead of imprisonment by a judge–depending on the nature or seriousness of the committed offense. Probations can be in the form of deferred or suspended sentences, applicable to both misdemeanors and felonies. The Judge will impose the terms and conditions or terms of the probation which are to be followed by the accused to avoid incarceration. The original sentence can be triggered if the accused violates the recommended probation terms. Deferred and Suspended Sentences 1. Deferred Sentences
Probations are imposed after the accused pleads guilty then conviction follows. The judge may decide to defer or suspend the accused’s sentence until they complete probation. A case might be dismissed if the defendant completes their probation program successfully or without any problems. Alternatively, a crime can be reduced to a misdemeanor if probation is completed successfully. Violating the terms of probation may attract the imposition of the original sentence–imprisonment. 2. Suspended Sentences The court passes a jail sentence but suspends the sentence or part of it provided the accused completes probation successfully. Part suspension means the accused will serve part of the sentence in jail and the other part of the sentence on probation. Violating the terms of probation means losing the privileges of non-custodial sentences and you may be forced to complete the remaining sentence in jail. 3. Unsupervised and Supervised Probation Unsupervised probations are common in minor crimes, such as public disturbance or embezzlement. Defendants are given conditions certain conditions by the courts but regular reporting to their probation officer is not necessary. However, the accused must abide by the recommended terms to avoid incarceration. Common conditions imposed in unsupervised probations can include:
The accused must avoid drugs or alcohol during the probation term; The accused must avoid new arrests or criminal offenses during the probation term; The accused cannot leave the country during the probation term; or The defendant should not go near the victims of their offenses.
Supervised probations are common in serious offenses and the accused must obey the recommended terms, and be under the supervision of a probation officer. Common conditions imposed in supervised probations can include: Complying with an imposed curfew; Agreeing to take random drug tests, Attending counseling sessions; Avoid new offenses and arrests; Maintaining employment; The accused should not use or possess a weapon during the probation term. 4. House Arrest
House arrest sentences are served at home but the accused is subjected to electronic monitoring, which involves wearing a monitoring device–wrist or ankle shackle. The monitoring device is alerts authorities if the accused goes beyond the permissible range; typically at the defendant’s home. The monitoring device can be programmed to include the defendant’s workplace if they’re in employment. The probation will be revoked if the accused violates the terms of house arrest like in probation.
5. Inpatient Rehabilitation Programs Rehabilitation programs are ideal for sex offenders, people having intoxication challenges, and people with psychiatric problems who might be required to serve part of their sentences in rehabilitation centers. The programs run for 6 months to 2 years and must be approved by the court. Non-custodial sentences are alternatives to incarceration so if the likely punishment for your case is imprisonment, you can contact a criminal lawyer for further advice.
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