PART-TIME IMPRISONMENT - THE LEGAL AND PRACTICAL ISSUES OF PERIODIC CONFINEMENT

• NCJ Number: 66031
• Journal: Judicature Volume: 63 Issue: 8 Dated: (MARCH 1980) Pages: 385-395
• Author(s): N PARISI
• Date Published: 1980
• Length: 11 pages
• Corporate Author: American Judicature Soc
• Sale Source: American Judicature Soc; UMI Dissertation Services; Institute for Scientific Information
• Language: English
• Country: United States of America
• Note: PRICE QUOTED FOR AJS IS FOR THE ENTIRE ISSUE.

Annotation

PERIODIC CONFINEMENT, VARIOUSLY KNOWN AS INTERMITTENT AND WEEKEND CONFINEMENT, IS ALLOWED IN 30 STATES. PRESUMABLY A BETTER ASSURANCE OF REHABILITATION, IT ALLOWS OFFENDERS TO CONTINUE EMPLOYMENT OR SCHOOL.

Abstract

PERIODIC OR PART-TIME CONFINEMENT DIFFERS FROM WORK RELEASE IN THAT THE DECISION IS MADE BY THE JUDGE RATHER THAN BY THE CORRECTIONS AGENCY OR INSTITUTION. IT BEGINS RATHER THAN FOLLOWS INCARCERATION, AND SOMETIMES INVOLVES SUPERVISION BY THE PROBATION DEPARTMENT. THIRTEEN STATES MAKE PERIODIC CONFINEMENT A CONDITION OF PROBATION SO THAT ELIGIBILITY REQUIREMENTS FOR PROBATION WOULD APPLY. STATUTES SPECIFY EITHER THE LENGTH OF EACH CONFINEMENT INTERVAL OR THE MAXIMUM SENTENCE DURATION AND USUALLY THE PLACE OF CONFINEMENT. PROVISIONS CONCERNING FAILURE TO REPORT ARE RARE. MASSACHUSETTS AND TENNESSEE PERMIT THE PART-TIMER TO PETITION THE COURT FOR A MODIFICATION OF THE SENTENCE TO CONSECUTIVE TIME. IN JURISDICTIONS WITH PERIODIC CONFINEMENT STATUTES, PROBATION DEPARTMENTS AND JAIL ADMINISTRATIONS SHOULD DEVELOP POLICIES TO DEAL WITH THESE LEGAL ISSUES. IN ADDITION, RESEARCHERS SHOULD INVESTIGATE THE TYPES OF PERIODIC CONFINEMENT STATUTES AND THE TYPES OF OFFENDERS IN SUCH PROGRAMS AND SHOULD ANALYZE THE EXTENT TO WHICH PERIODIC CONFINEMENT ACHIEVES ITS EXPRESSED GOALS. THE QUESTION OF DISPOSITION IMPACT SHOULD ALSO BE ADDRESSED. A 1979 TABLE OF STATUTORY PROVISIONS AUTHORIZING INTERMITTENT CONFINEMENT AND FOOTNOTES ARE PROVIDED. (AOP)