NCJ Number
55761
Date Published
1974
Length
10 pages
Annotation
IMPLICATIONS FOR THE JUVENILE JUSTICE SYSTEM OF THE COMMITTED OFFENDER'S LEGAL RIGHT TO TREATMENT ARE DISCUSSED.
Abstract
SEVERAL COURTS HAVE HELD THAT A JUVENILE COMMITTED TO AN INSTITUTION HAS A 'RIGHT TO TREATMENT,' BASED UPON THE U.S. CONSTITUTION AND STATUTE. MOST LAYMEN AND EXPERTS AGREE THAT THE GOAL OF A COMMITTMENT FOR A JUVENILE IS TO PREPARE THE YOUTH TO TAKE UP NORMAL LIFE AGAIN IN THE COMMUNITY, BECOME AN ADJUSTED FUNCTIONING MEMBER OF SOCIETY, AND STAY OUT OF TROUBLE. THE VARIETY OF PROBLEMS STIMULATING MALADJUSTMENT IN YOUTH NECESSITATE INDIVIDUALIZED TREATMENT. THIS INVOLVES CAREFUL DIAGNOSIS, THE PRESCRIPTION OF PRECISE TREATMENT MEASURES AND MONITORING TO INSURE THAT THE PRESCRIPTION IS FOLLOWED. SUCH A PLAN REQUIRES ADEQUATE PROFESSIONAL PERSONNEL AND PROCEDURES FOR INTERVIEWING THE YOUTH, FOR PSYCHIATRIC SCREENING AND TESTING, MEDICAL EXAMINATIONS, AND EDUCATIONAL AND VOCATIONAL EVALUATIONS. IF A JUVENILE JUSTICE SYSTEM CANNOT PROVIDE SERVICES REQUIRED FOR EFFECTIVE TREATMENT, THEN COMMITMENT HAS NO PURPOSE AND SHOULD NOT BE CONSTITUTIONALLY ALLOWED UNDER THE CIRCUMSTANCES. FURTHER, JUVENILES HAVE A RIGHT TO BE RELEASED WHEN THEY HAVE RECEIVED THE MAXIMUM BENEFIT OF THE TREATMENT AVAILABLE. THE ENVIRONMENT IN WHICH TREATMENT OCCURS IS ALSO CRUCIAL TO THE EFFECTS ACHIEVED. LARGE INSTITUTIONS SEPARATED FROM THE COMMUNITY SHOULD BE ELIMINATED IN FAVOR OF COMMUNITY-BASED TREATMENT, WHERE THE YOUTH IS ALLOWED TO RESIDE AT HOME WHILE RECEIVING TREATMENT FROM VARIOUS AGENCIES IN THE COMMUNITY, OR IS HOUSED IN A TREATMENT CENTER WITH NO MORE THAN 20 RESIDENTS. IN SO FAR AS POSSIBLE, JUVENILES UNDER TREATMENT SHOULD INTERACT WITH AN ENVIRONMENT OF PEOPLE AND OPPORTUNITIES CONSIDERED IMPORTANT FOR NORMAL ADOLESCENT DEVELOPMENT. SECURITY PROVISIONS SHOULD BE MININMAL, COMMENSURATE WITH A YOUTH'S PAST VIOLENT BEHAVIOR AND AN ASSESSMENT OF HIS OR HER PRESENT PSYCHIATRIC CONDITION. (RCB)