ALTERNATIVES TO INCARCERATION FOR DRUG OFFENDERS IN ST. JOSEPH COUNTY, INDIANA, UNITED STATES: A WORKING MODEL (FROM RESOURCE MATERIAL SERIES NO. 42, P 151-169, 1992, SEE -- NCJ- 147772)

• NCJ Number: 147779
• Author(s): C A Nix
• Date Published: 1992
• Length: 19 pages
• Corporate Author: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Sale Source: National Institute of Justice/; United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Japan

Annotation

An Indiana prosecutor describes the use of alternatives to institutionalization for drug offenders convicted of felonies in St. Joseph County (Ind.).

Abstract

Many of the sanctions are also available to offenders convicted of crimes other than drug law offenses. The noncustodial measures can be used at any stage of a drug offender's criminal case. The law mandating nonsuspendible sentences of incarceration in many drug cases has recently been amended to give a judge discretion to impose intermediate sanctions such as home detention and participation in a community corrections program. In addition, judges can now release certain offenders from prison up to 2 years early. The police and drug prosecutor also make important informal and formal decisions that determine when a drug offender is arrested, the crimes charges, and the plea bargaining. The prosecutor's office operates a formal pretrial diversion program, which may involve drug or mental health treatment. A special drug and alcohol court is expediting the processing of these cases. The courts use many intermediate sanctions. Finally, two civil procedures, asset forfeiture and eviction, allow for noncustodial sanctions.