When I started out in 1973, we had a prison population of about 2500. Sconny sold a prison to the feds because Sconny didn't need it. At that time, prisoners were intitled to 'good time' and a prison sentence imposed by a judge was no where near the length of time actually served. In response to public demand, the Legislature passed "Truth in Sentencing" and came up with sentencing guidelines. We now have about 20,000 state prisoners. Point is, I imagine most states including Penn have a similar situation and no judge is likely to sentence first time perps to prison. Jail as a condition of probation maybe.