MOBILE, Ala (Reuters) – Starting on Monday, nonviolent offenders in Bay Minette, Alabama, will get to choose whether to serve their sentence in a jail cell or a church pew.

Municipal Judge Bayless E. Biles is launching “Operation Restore Our Community,” intended to function not only as a diversion program but also to address jail overcrowding issues in the southwest Alabama community.

Misdemeanor offenders will have the option of attending church every Sunday for a year rather than serve their sentences in jail. Participants must check in with both the police and a clergy member each week, and if they follow the rules can have their case dismissed.

Umm, is this even legal?

Do we really want to incorporate churches into the prison industrial complex? Although I do enjoy the tacit admission that going to church is comparable to jail time.

What about people who already go to church on a regular basis? Do they get to just walk away without any consequences at all? What about non-Christians? Can Muslims and Jews attend Mosque or Temple instead? Do atheists get to spend Sunday mornings at IHOP?

Of course these are moot questions since none of this is actually about rehabilitating criminals or doing anything about the prison population in Alabama. This entire program is obviously a thinly-veiled attempt by local government and churches to indoctrinate people who are in a vulnerable position.

I have a better idea: If your jails are overcrowded, quit sentencing people to jail time for smoking a joint and instead save space for the real criminals.

The ones who wear suits and carry Blackberries.