Alternative sanctions involve using non-monetary sanctions as credit for an assessed monetary sanction. Credit toward or in place of a fine or fee can be given for a defendant’s past or future participation in programs such as education or vocational courses, treatment programs, acquisition of state identification, traffic school, completing community service hours, or time spent incarcerated.
The purpose of alternative sanctions is to create systems that do not rely entirely on financial sanctions or incarceration and that work to meaningfully address the underlying causes of a particular offense.
Consider “fix-it tickets” that are commonplace for equipment violations. These citations allow waiving of the citation fee once proof that the repaired equipment is submitted, the rationale being that the goal is to enforce vehicle safety.
Alternative sanctions may be applied to encourage positive engagements that targets the underlying behavior. The services that are offered as credit for alternative sanctions benefit the defendant and can promote the general wellbeing and safety of the community harmed by the cause of action.
Courts looking to implement reforms involving alternative sanctions should collect input from stakeholders about what sanctions would help address community needs and ensure that these sanctions do not create additional barriers for defendants (such as current limitations on transportation, caregiving, and/or employment responsibilities).
- New Jersey Supreme Court Directive #12-21 provides guidance for payment alternatives available after default.
- Arizona permits credit for time served and community restitution (alternative sanctions) in lieu of monetary sanction.