LEGAL ASPECTS OF THE ENFORCED TREATMENT OF OFFENDERS

• NCJ Number: 66383
• Author(s): R K SCHWITZGEBEL
• Date Published: 1979
• Length: 140 pages
• Contract Number(s): 282-77-0133
• Sponsoring Agency: US Dept of Health, Education, and Welfare
• Corporate Author: US Dept of Health, Education, and Welfare
• Sale Source: Superintendent of Documents, GPO
• Language: English
• Country: United States of America
• Note: CRIME AND DELINQUENCY ISSUES - A MONOGRAPH SERIES

Annotation

THIS MONOGRAPH EXPLORES THE RELATIONSHIP BETWEEN THE RIGHTS OF OFFENDERS AND THEIR THERAPEUTIC TREATMENT IN PRISONS AND MENTAL HOSPITALS; FOCUSING UPON LEGAL ISSUES IN THE TREATMENT OF PATIENTS AND PRISONERS.

Abstract

AN OVERVIEW IS PRESEUTED OF MAJOR CONSTITUTIONAL DOCTRINES SUCH AS CRUEL AND UNUSUAL PUNISHMENT AND DUE PROCESS THAT MAY LIMIT THE ENFORCED TREATMENT OF OFFENDERS. THE EMERGING TREND TOWARD THE USE OF EXPLICIT AGREEMENTS AND CONTRACTS IN TREATMENT IS DESCRIBED, AND THE REQUIREMENTS FOR DEVELOPING LEGALLY VALID TREATMENT CONTRACTS WITH PRISONERS AND PATIENTS ARE DISCUSSED. BECAUSE THESE CONTRACTS MAY BE LIMITED OR VOIDED BY VARIOUS LEGAL DOCTRINES, ISSUES SUCH AS COERCION, DURESS, AND MISREPRESENTATION ARE CONSIDERED. THE BOOK ALSO EXAMINES TOPICS OF INCREASING CONCERN SUCH AS THE RIGHT TO REFUSE TREATMENT AND THE USE OF 'LEAST RESTRICTIVE CONDITIONS' IN COMMITMENT AND TREATMENT. OTHER ISSUES RELATE TO TREATMENT REQUIREMENTS IMPOSED DURING PAROLE, WORK RELEASE, AND HOSPITAL LEAVE OR AFTERCARE STATUS, WITH PARTICULAR ATTENTION TO CONDITIONAL RELEASE PROGRAMS. IT IS CONCLUDED THAT, BASED ON PRESENT LAW, MENTALLY COMPETENT, INVOLUNTARILY COMMITTED MENTAL PATIENTS HAVE A RIGHT TO REFUSE TREATMENT. MENTALLY COMPETENT PRISONERS GENERALLY DO NOT HAVE A LEGALLY RECOGNIZED RIGHT TO REFUSE STANDARD FORMS OF TREATMENT UNLESS TREATMENT IS HAZARDOUS OR EXCEPTIONALLY INTRUSIVE. TREATMENT MAY BE IMPOSED UPON PATIENTS OR PRISONERS WHO ARE MENTALLY INCOMPETENT TO MAKE TREATMENT DECISIONS AFTER LEGALLY REQUIRED PROCEDURES HAVE BEEN FOLLOWED, BUT THESE PROCEDURES MUST CONFORM TO CONSTITUTIONAL REQUIREMENTS. MOREOVER, BEFORE TREATMENT, CONSENT OR SUBSTITUTED CONSENT SHOULD BE OBTAINED TO AVOID LIABILITY FOR TECHNICAL ASSAULT AND BATTERY OR MALPRACTICE. APPENDIXES INCLUDE THE BILL OF RIGHTS AND RELATED AMENDMENTS, A GLOSSARY, A SUGGESTED STATUTE REGARDING HAZARDOUS TREATMENT OR TREATMENT INVOLVING UNUSUAL DISCOMFORT, CONSENT AND CONTACT FORMS, AND STATUTES WITH CONDITIONAL RELEASE PROVISIONS. FOOTNOTES ARE ATTACHED. FOR RELATED INFORMATION CONCERNING PROCEDURAL ISSUES INVOLVED IN THE SENTENCING, COMMITMENT, TRANSFER, AND RELEASE OF OFFENDERS, SEE NCJ 40043. (AOP)