Jail Alternatives

For most first offenders, Arizona law actually requires alternative sentencing in lieu of jail time if a person is charged with personal possession and the case does not involve methamphetamine and the person does not have a violent or drug related history, the person is eligible for what is called proposition two hundred, which by law mandates or requires the sentencing judge to place the person on probation and order them to participate in drug treatment and drug counseling.  

The judge cannot send the person to jail so long as they participate in good faith with their drug treatment and their counseling. If the person refuses to participate or rejects probation then they could be subject to the standard sentencing provisions which could include jail or prison.  But, so long as the person makes a good faith attempt to comply with their treatment and to participate in it and they otherwise qualify for proposition two hundred, under Arizona law they cannot be sentenced to prison on a first offense.