Alternatives In The Sentencing Process

Many offenders in the prison system are diverted to different alternative outcomes in the sentencing process. The different alternatives are a newer approach than what it used to be before World War 2. The sentencing process is the post-conviction stage of the criminal justice process, in which the defendant is brought before the court for the imposition of a penalty. If a defendant is convicted in a criminal prosecution, the event that follows the verdict is called sentencing. A sentence is the penalty ordered by the court (“Sentencing,” n.d.). The main goal of the sentencing guidelines is to put the offender with the correct community sanction. Three types of alternatives of incarceration are pre-trial diversion programs, alternative
sanction programs, and the alternative disposition programs. In order to be considered for the pre-trial diversion programs, the offender must have done certain crimes.
Some of the crimes are receiving a DUI, family violence, violent crime that happened in a school or on school property, and possession of drugs or the drug paraphernalia. A DUI is when a person is caught driving under the influence of alcohol. An individual can apply for the pre-trial diversion programs while awaiting a court date, but there is a fee and eligibility that is required. A few of the specific programs an individual can be enrolled into is Pre-trial Alcohol Education, Pre-trial Drug Education, Pre-Trial School Violence Education. The judge may waive the fee or the specific program if the individual cannot afford to pay the fee. Once a defendant is accepted into a program, a judge vacates the bail bond and suspends prosecution of the criminal charges (“Pre-trial Diversion & Alternative Sanctions,” n.d.). If the person refuses to finish the program they were enrolled into by the judge, the judge can bring the criminal charges back, unseal the file, and bring the state’s attorney in for
prosecution. There are also alternative sanctions that offenders are eligible for. There are seven alternative sanctions they are broken down into. The seven sanctions are Alternative Incarceration Centers (AIC), Day Incarceration Centers (DIC), domestic violence sanction, residential treatment centers, adult behavioral health centers, community service programs, and special populations such as sex offenders. An individual is able to go into the specific program depending on what the crime was. For example, if an individual abused and brutally beat his wife, he could be sent to a domestic violence sanction, if the judge offered him to do so instead of being incarcerated or reduce the time in prison. The alternative sanctions are to help with prison and jail overcrowding, the safety around the communities, helps the offender so he does not get incarcerated, and court backlogs. A court backlog is a pending case in the courts for a longer period of time. The AIC is focuses on helping offenders during the day and evening.
A few of the services offered at the AIC is helping with life skills, housing assistance, evaluation and counseling for substance abuse, job education, etc. The service must be reported to the judge and must go to the AIC at least three times a week if they are working or in school. AICs typically do not accept defendants charged with or offenders convicted of sexual assault or arson offenses or clients with a diagnosed serious mental illness or substance abuse problem (“Pre-trial Diversion & Alternative Sanctions,” n.d.). The offender must be active in the AIC in order to be kept in the program. Another sanction is the DIC. The DIC focuses on helping the individual by drug testing them, counseling them such as life skills and anger management, etc. The offender must go seven days a week, but if the individual is already sentenced it is up to the judge on how long the person goes to the program for. Also, probation is one of the number one alternative
sanctions. The two domestic violence programs are EXPLORE and EVOLVE. EXPLORE is specifically for men who abused their female partner. This helps with behavior managing, and helps with conflict resolving. EVOLVE helps with long term behavior changing. The program will be for the men who did domestic violence on their female partner as well. Residential treatment centers can be short term or long term depending on what the judge offers the individual. A few examples of residential treatment centers are halfway homes, mental health homes, and detox homes. These specific residential treatment centers can have different requirements to stay in the facility. For example, a halfway house has no set time to be in the home. The amount of time staying there depends on what the individual needs. Other services are the Community Service Labor Program (CSLP) and Zero Tolerance Drug Program which are considered alternative sanctions. In conclusion, offenders are diverted into alternative sanctions. The alternative sanctions will work better for the offender because they can go to programs instead of being incarcerated. The type of program the offender is in depends on the crime committed. An individual receiving treatment is better than being put in a prison cell. When offenders are incarcerated and the released, they are more likely to be a re-offender. The different types of alternative sanctions will help the individual more positively.