Based on the information collected in Step 1, is the jurisdiction adequately served by the sentencing alternatives currently used? To answer this question, the court should establish a working group of individuals critical to deciding and implementing sentences. An initial task for the working group is to consider the outcomes sought by the criminal justice system generally and sentencing options specifically. For example, common outcomes sought by sentences include:

• Protecting the public’s safety
• Satisfying the public’s desire to see that offenders are punished
• Deterring future offenses (both recidivism by the same offender and deterring other potential offenders)
• Providing restitution to the victim
• Rehabilitating the offender, including treatment of substance abuse problems that may underlie criminal behavior
• Effectively using limited public resources
• Successfully reintroducing the offender into the community as a productive member of society

Although the working group may not reach complete consensus on the goals of sentencing, it is important that the members understand that different perspectives may underlie the discussion and that it will be important to try to balance the perspectives as the group considers specific issues.

Once there is a general mutual understanding regarding desired outcomes, the group should consider current sentencing practices in light of the outcomes. What sentencing alternatives currently are working well? Are there opportunities to expand their use to improve offender outcomes without jeopardizing public safety? Are there sentences that are not effective and should be modified or eliminated? Are there populations of offenders that could receive alternative sentences but do not?¹ If so, why (e.g., have not traditionally done so, alternative approaches not available, lack of resources to expand use of alternative approach, concerns regarding public perceptions, judges lack information about effectiveness or are uncomfortable with approach)? Does the court need to update its risk or need assessment instruments? What practices should be instituted to support the more effective use of alternative sentences? As group members consider what changes need to be made to expand the more effective use of alternative sentences, they can also consider potential strategies to address the needed changes that are described under “Step 3: Identify Solutions.”

¹ The working group may also want to discuss the reasons why certain populations of offenders do not  receive alternative sentences. The current focus is on offenders who could be incarcerated or could receive an alternative sanction. It does not address earlier decisions that determine that an offender is only eligible for incarceration.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

   Previous Step: Step 1: Gather Information   << >>   Next Step: Step 3: Identify Solutions