NCJ Number
56521
Date Published
1978
Length
12 pages
Annotation
ENTRY OF CLIENTS INTO COMMUNITY CORRECTIONAL FACILITIES THROUGH PRETRIAL DIVERSION, DIRECT COURT COMMITMENT, OR AFTER A TERM IN PRISON BUT BEFORE OUTRIGHT RELEASE IS EXAMINED IN TERMS OF CORRECTIONAL MANAGEMENT AND LAW.
Abstract
ANY LOCAL OPERATION OR FACILITY THAT ATTEMPTS TO DEAL WITH CRIMINAL OFFENDERS SHOULD BE PART OF AN INTEGRATED CORRECTIONAL SCHEME REFERRED TO AS COMMUNITY CORRECTIONS. HALFWAY HOUSES OR COMMUNITY FACILITIES ARE DESIGNED TO REINTEGRATE OFFENDERS INTO THE COMMUNITY AFTER RELEASE FROM PRISON. CONDITIONS OF RELEASE SHOULD BE CLEAR, CONCISE, AND SPECIFIC AND SHOULD BE COMMUNICATED TO BOTH THE CLIENT AND THE FACILITY DIRECTOR. IF POSSIBLE, CONDITIONS SHOULD BE THE SAME REGARDLESS OF WHETHER THE COMMITMENT IS MADE AT PRETRIAL DIVERSION, AFTER A GUILTY PLEA OR COURT CONVICTION, OR AFTER RETURN FROM PRISON. FROM THE LEGAL STANDPOINT, THE FOLLOWING FACTORS MUST BE CONSIDERED IN FORMULATING GUIDELINES ON WHAT THE LEGAL MINIMUM IS IN CORRECTIONAL SETTINGS: (1) A FACILITY SHOULD BE SAFE TO BE LEGAL; (2) A FACILITY NEEDS SOME SECURITY TO MEET COMMUNITY PROTECTION REQUIREMENTS AND TO AVOID TORT LIABILITY; (3) CLIENTS NEED TO BE CAREFULLY SELECTED IN ORDER TO MEET THE LIMITED SECURITY PROVIDED BY A FACILITY, TO AVOID TORT LIABILITY, AND TO BE ACCEPTED IN THE COMMUNITY; (4) CONSENT OR COMMITMENT WHICH IS THE BASIS OF A CLIENT'S PRESENCE SHOULD BE KNOWN; (5) REGULATIONS SHOULD BE CLEARLY DEFINED AND MADE KNOWN TO CLIENTS BEFORE THE FACT TO AVOID CHARGES OF CAPRICIOUSNESS AND ARBITRARINESS; AND (6) REGULATIONS SHOULD BE DIRECTED TOWARD NEEDS OF CLIENTS AND COMMUNITY PROTECTION. THE LAW URGES A BALANCE BETWEEN LEGITIMATE INTERESTS OF THE STATE AGAINST PERSONAL LIBERTIES OF THE INDIVIDUAL. EQUALITY IN TREATMENT IS VITAL, AND CLIENTS SHOULD KNOW WHAT IS PERMITTED AND WHAT IS PROHIBITED. RULES SHOULD BE GEARED TO SPECIFIC AND LIMITED TYPES OF PUNISHMENT IF POSSIBLE TO SATISFY DUE PROCESS AND MEET LEGITIMATE DEMANDS OF TREATMENT. PROBLEM AREAS LIKELY TO EMERGE IN FACT FINDING ABOUT PUNISHMENT ARE DIVIDED INTO TWO GROUPS: (1) DRUGS, THEFT, ASSAULTIVE CONDUCT, AND MISUSE AND ABUSE OF PROPERTY OR STAFF; AND (2) REFUSAL TO MAINTAIN SANITARY CONDITIONS, REFUSAL TO GO TO WORK, AND REFUSAL TO HELP IN A FACILITY. PUNISHMENT SHOULD BE PROPORTIONATE TO THE OFFENSE AND CANNOT BE CRUEL AND UNUSUAL. CASE LAW DEALING WITH CRUEL AND UNUSUAL PUNISHMENT IS DISCUSSED. RIGHTS OF PRISON INMATES AND COMMUNITY FACILITY CLIENTS ARE DISCUSSED. MONTANA'S LEGAL APPROACH TO ASSURING PRIVACY IN LIGHT OF LEAA'S EFFORTS TO DEVELOP COMPUTERIZED CRIMINAL HISTORIES ABOUT ARREST, OFFENSE, COURT, AND PRISON DATA IS EXAMINED. (DEP)