NCJ Number
96406
Journal
Land and Water Law Review Volume: 17 Dated: (1982) Pages: 643-680
Date Published
1982
Length
38 pages
Annotation
The current uses of Wyoming's Institutional Transfer Statute, which allows the transfer of juveniles from the State's Industrial Institute to its penitentiary, are invalid on three counts.
Abstract
The practice of transferring juvenile offenders has been justified as being an administrative power necessary for the maintenance of discipline and order at the Industrial Institute. It has also been suggested that transfer is for the best interests of incorrigible inmates for whom the Institute's rehabilitative programs have been ineffective. However, transferring is statutorily unauthorized and violates the due process and equal protection clauses of the 14th amendment. The complete lack of standards at all levels of administration is perhaps the most disturbing aspect of the administration of discipline at the Industrial Institute. The statute, which lacks standards, is used to justify summary action by the State Board of Charities and Reform. The Institute has no formal procedure for determining when transfer should be sought or discipline administered, and no standard exists to measure behavior which will result in transfer or other discipline. Juvenile delinquents need open, orderly proceedings and the fundamental protections of the Constitution. A total of 156 notes are supplied.