Violent and dangerous offenders must be behind bars. There is no debate about that. But even with all the newly built prisons and jails, some prison officials have been forced to release violent criminals early, to make room for incoming criminals sentenced for less serious crimes under the new laws.

Moreover, prisons and jails are expensive. Taxpayers are now spending more than $25 billion a year to build, staff, and maintain these facilities. Corrections is the fastest-growing item in state and many county budgets, placing at risk public funds for other equally vital programs. In both Florida and California, for instance, spending for prisons now exceeds spending for public higher education. Moreover, a Rand Corporation study showed that California’s "three-strikes" law will require a $4.5 to $6 billion outlay over the next five years, five times more than the state had expected. The overwhelming costs associated with prison have forced policymakers to look at new options and approaches, particularly at intermediate punishments, which provide a range of sentencing options outside of prison.