Is this a creative solution?  The Alaska State Constitution already mandates this approach in Article 1 Declaration of Rights § 12. Criminal Administration.   "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Criminal administration shall be based upon the following: the need for protecting the public, community condemnation of the offender, the rights of victims of crimes, restitution from the offender, and the principle of reformation." .