NCJ Number
122997
Journal
Southern Illinois University Law Journal Volume: 14 Dated: (Fall 1989) Pages: 1-26
Date Published
1989
Length
26 pages
Annotation
Most prison inmates are alcoholics or drug addicts who are likely to recidivate and who should receive addiction treatment if the cycle of crime and incarceration is to be broken.
Abstract
Recent studies in 12 cities have found that up to 82 percent of persons arrested test positive for drugs other than alcohol. These data and data on recidivism show the need for criminal justice personnel to become sensitized to the need for treatment for a majority of offenders. However, State laws on alternative sentencing vary widely with respect to the defendant's eligibility for treatment, whether the treatment is instead of incarceration or in addition to a prison sentence, and how the alternative sentencing option is initiated. The laws of Illinois, Florida, and California demonstrate this point. However, all statutorily eligible, addicted, nonviolent offenders should be considered for alternative sentencing and, if acceptable, placed in treatment. Information sources regarding which offenders are most appropriate for treatment include defense attorneys, prosecuting attorneys, and probation officers. Judges should also use assessments by qualified professionals in determining eligibility. Treatment orders may take the form of diversion or probationary treatment, although short "shock sentences" followed by treatment may be particularly effective with young offenders. Improved drug prevention, interdiction, and inmate treatment are also needed. 94 footnotes.