There are five common types of alternative sentencing in California criminal cases. These are community service, home detention, drug diversion programs (per Penal Code 1000), drug treatment programs (per Proposition 36), and probation.
As to the latter, California law allows for either:
- misdemeanor (or summary) probation – for misdemeanor offenses, or
- felony (or formal) probation – for felony offenses.
“Alternative sentencing” is when a person completes his/her criminal sentence in the community (or at home) rather than in custody in county jail or state prison.
Some benefits of alternative sentencing include that a defendant:
- keeps his job,
- receives help to overcome an addiction, and/or
- can get more effective rehabilitation.
What is alternative sentencing?
An alternative sentence is where a person convicted of a crime completes his/her sentence in the community (via some type of community or state program) as opposed to completing:
- jail time, or
- prison time.
These sentences are often incorporated into a plea agreement or are awarded after a guilty plea.
Alternative sentencing options work to benefit:
- the accused (especially first-time offenders),
- the criminal justice system, and
- society.
As to offenders, alternative sentencing programs help keep them out of jail and prison. This means they can avoid:
- the loss of their job,
- the loss of their family,
- damage to their reputation,
- the loss of their home, and/or
- financial hardship.
Taxpayers benefit from these programs as well since an alternative sentence reduces the total amount of inmates that are incarcerated.
Note that persons convicted of a crime must seek the help of a criminal defense attorney to ensure they gain entry into one of these programs.
Most defense lawyers and law firms provide a free consultation. This means people facing criminal charges can get legal advice without spending a dime.
What is community service?
Community service is when a convict performs unpaid work in a neighborhood or community. The work is done to avoid incarceration or a fine.[1]
Judges typically have broad discretion in terms of deciding what type of community work a defendant has to perform. But note that any community service that gets imposed must:
- benefit the community as a whole, and
- be directly connected to the crime the defendant committed.
Community service is normally not available to defendants convicted of a serious felony or a violent crime.
Note that community service is different from work release furlough. The latter is a correctional program that allows certain inmates to be transitioned into a county-based institution and:
- leave the facility during the day to attend regular work, and
- return to the institution immediately after work for confinement purposes.[2]
What is home detention?
Home detention is when an offender gets confined to his/her home rather than a jail or prison. This alternative sentencing option is sometimes referred to as “house arrest” or “electronic monitoring.”
In addition to confinement at home, a judge may require a defendant to adhere to certain terms and conditions, like:
- curfew restrictions,
- random drug testing, and/or
- in-office face-to-face meetings or home visits with a parole or probation officer.
Depending on the facts of a case, a judge may allow a defendant to perform the following while on house arrest:
- attend school,
- go to work,
- travel to medical appointments,
- tend to family obligations, and/or
- receive counseling for substance abuse or mental health disorders.
What are drug diversion programs?
Penal Code 1000 PC sets forth California’s pretrial diversion program for low-level drug crimes (for example simple drug possession). Formerly known as deferred entry of judgment (“DEJ”), the program allows eligible defendants the opportunity to have their charges dismissed if they successfully complete drug treatment.[3]
Dismissal means that the defendant avoids a criminal record.
Initially, the prosecuting attorney will review the defendant’s case. If the defendant appears eligible for pretrial diversion, the prosecutor will advise the defendant and his or her attorney in writing.
Defendants sentenced to home detention may have to wear a monitoring device.
What is available via Proposition 36?
Proposition 36, more commonly referred to as “Prop 36,” is a criminal sentencing initiative that was passed by California voters on November 7, 2000. Prop 36 requires that eligible non-violent drug offenders serve their time in a drug treatment program instead of in jail or prison.[4]
Note that there are three major differences between Prop. 36 and Penal Code 1000 pretrial diversion:
- PC 1000 is applicable to a wider variety of drug-related crimes.
- 36 requires a guilty plea, after which the defendant is placed on formal probation and subject to a variety of additional terms and conditions.
- upon successful completion of pretrial diversion, the charges against the defendant are automatically dismissed. In a Prop. 36 case, on the other hand, the judge has the discretion to determine whether or not to dismiss the charges.
What is probation?
Probation is an alternative to jail in which an offender serves most, or all, of their sentence under court supervision instead of in custody.
California has two types of probation. These are:
- misdemeanor (or summary) probation, which is available to misdemeanor offenders, and
- felony (or formal) probation, which is available to felony offenders.
Under probation, an offender is subject to several terms and conditions imposed by a judge.
In some cases, specific probation conditions are required by law. For instance, people convicted of certain California crimes of domestic violence must complete a batterer’s program of treatment.
If a defendant fails to comply with a probation condition, the judge can:
- overlook the violation,
- modify the probation (for example, impose harsher terms), or
- revoke alternative sentencing and send the defendant to jail/prison.[5]
Some common conditions of misdemeanor and felony probation can include that the defendant:
- pay fines, court costs, and/or victim restitution,
- participate in individual or group therapy,
- complete treatment programs,
- complete community service,
- seek gainful employment,
- be subject to a restraining order,
- abstain from alcohol and/or drugs and attend a substance abuse program (in cases involving California DUI or certain California drug crimes),
- show up at all court dates,
- submit to random drug testing, and
- not violate any laws and no further arrests by law enforcement.
[1] Black’s Law Dictionary, Sixth Edition – “Community Service.”
[2] See California Penal Code 6260 PC.
[3] California Penal Code 1000(3)(d) PC.
[4] See California Penal Code 1210 PC.
[5] See, for instance, California Penal Code Section 1203.3a.
