In a separate report, he and two other law professors have called for broader use of alternative sentences, including probation.
Similarly, the circumstances under which people can be sentenced to such alternative sentences vary from state to state.
Working with defense attorneys, these programs devise alternative sentences for more than 16,000 indigent defendants a year.
The courts must therefore "seriously consider" alternative sentences, like community service, as viable alternatives to direct imprisonment.
Prosecutors could block the alternative sentences if they believed the felons deserved time in prison instead.
But others argue alternative sentences can be effective.
The only alternative sentence, consequently, was life without parole.
A wider range of alternative sentences replacing custodial sentences should be considered.
Here, it is recommended once again that for the most part alternative sentences should be chosen over imprisonment.
Also some courts allow a contribution to the 'poor box' as an alternative sentence.