NCJ Number
237544
Journal
Ohio State Law Journal Volume: 72 Issue: 5 Dated: 2011 Pages: 983-1042
Date Published
2011
Length
60 pages
Annotation
This article proposes a system for using prison vouchers to enable prisoners to choose which prison to go to, including faith-based prisons.
Abstract
The basis of this article stems from a court case, Americans United for Separation of Church and State v. Prison Fellowship Ministries, which challenged the constitutionality of faith-based prisons. The plaintiffs argued that because the agenda of the prison was based entirely on the application of Biblical principles and because prisoners had no choice in being sent there, the prison and its programs violated the Establishment Clause of the Constitution. To avoid violating the Establishment Clause, the author proposes a voucher system to be used for allocating prisoners, thus enabling prisoners to choose to go to faith-based prisons or regular, government-run prisons. The use of a voucher system by prisoners would provide a neutral manner for selecting prisons, without regard to religion. The system would use per diem reimbursement as opposed to direct reimbursement, in effect giving the payment to the prisoner who would then pay the provider of the services that he prefers. This system would provide prisoners with a "genuine and independent private choice" thus removing any violation of the Establishment Clause and allowing prisoners to receive services that otherwise might not be available to them. The constitutionality of a voucher system is discussed in detail.