I look at incarceration being there for two reasons.
1. To protect society from violent criminals.
2. To punish someone who has been convicted of certain crimes.
We can throw out #1 in this case, but IMO, Smollette deserves a stint behind bars for his conviction and the seriousness of what he attempted to get away with.
Okay, how was it "serious". He staged a hate crime to try to get his bosses to pay more attention to him, someone who wasn't him called the CPD, and they pretty much debunked it within weeks.
I have no issue with making him pay for the manhours wasted. (Although even more manhours were wasted in this kind of pointless prosecution.)