More research is needed to understand the impact of non-incarceration responses to illicit behavior on the HIV risk of women who use drugs. Research about the detrimental impact of incarceration on HIV risk has not fully articulated best practices for an alternative response. Recommendations tend to focus on services that can be provided during re-entry, after incarceration, to recover from carceral disruption. Alternatives to incarceration, no-entry solutions, center options within the criminal-legal arena that may ultimately lead back to incarceration. There are about one million women on probation in the United States, a status that is associated with homelessness, interpersonal violence and drug use. Efforts to move away from incarceration as a response to drug use must explore and develop community-based non-judicial programs that can reduce the risks faced by vulnerable women.