This step helps courts determine what their jurisdiction is currently doing in the area of sentencing alternatives. Courts should review existing information and collect new information, where necessary, to answer the questions below.

Few changes in the use of sentencing alternatives will be possible if the court does not have the cooperation of key parties outside the court, both within the immediate criminal justice system and also within the larger community. As the court reaches out to other agencies and interested parties to gather information on current practices, it should take note of potential opportunities and obstacles to use sentencing alternatives presented by relevant stakeholders.

1. What are the stated goals (if any) behind the application of alternative sentences?Which cases are currently eligible for alternative sanctions? Are there any state statutes defining or restricting the use of alternative sanctions for specific cases?Which cases (if any) typically get an alternative sentence? Are there patterns (based on, for example, offense history, type of offense, race, sex, age) regarding which cases do or do not receive alternative sanctions? What alternative sanctions are available? Which sanctions do the court use? How does the court determine which sanction to use? How does the court determine the application of alternative sentences to particular offenders? E.g., does the court use any risk  or needs assessment instruments in this context? What kinds of information do judges currently use to gather information and make decisions about sentencing?  What types of presentence investigation tools are used? What have been the results of current sentencing alternative options (i.e., how effective have they been and according to what measures)? What are the costs of current sentencing alternatives versus the costs of incarceration? With whom in the criminal justice community (e.g., law enforcement, prosecutor, probation services, public defender) does the court interact when applying alternative sentences? Are there barriers (e.g., limited resources for handling more offenders, lack of judicial awareness of available sanctions or reluctance to use them, community sentiment) to the greater use of alternative sanctions?
2. Are there signs of change or trends (e.g., factors related to political or economic conditions, age of population, immigration, crime statistics) that could affect the status quo or that could influence the choice of appropriate alternative sentencing solutions?

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   Next Step: Step 2: Determine Changes