NCJ Number
38025
Journal
Chicago-Kent Law Review Volume: 53 Issue: 1 Dated: (1976) Pages: 79-96
Date Published
1976
Length
18 pages
Annotation
THE FEDERAL YOUTH CORRECTIONS ACT WAS ENACTED IN 1950 TO PROVIDE SENTENCING ALTERNATIVES FOR YOUNG OFFENDERS BY EMPHASIZING REHABILITATIVE TREATMENT RATHER THAN RETRIBUTIVE PUNISHMENT.
Abstract
TO PREVENT YOUTHS FROM BECOMING HARDENED CRIMINALS THROUGH NORMAL SENTENCING AND INCARCERATION, CONGRESS GRANTED THE COURTS DISCRETION TO IMPOSE PROBATION, SPECIALIZED TREATMENT IN CUSTODY OR, IN THE EVENT THAT THEY WOULD NOT BENEFIT FROM THESE MEASURES, NORMAL PENALTIES FOR THE VIOLATION. AFTER DISCHARGE FROM PROBATION OR CUSTODY PRIOR TO THE EXPIRATION OF HIS SENTENCE, THE YOUTH'S CONVICTION IS AUTOMATICALLY EXPUNGED, THUS REMOVING ANY STIGMA OF A CRIMINAL CONVICTION. THIS NOTE DEALS WITH THE QUESTION OF WHETHER PROBATION GRANTED TO YOUTH AND YOUNG ADULT OFFENDERS UNDER THE YOUTH CORRECTIONS ACT (YCA) PROBATION CLAUSE MAY BE CONDITIONED ON THE PAYMENT OF FINES, RESTITUTION, OR SUPPORT AS IN ADULT PROBATION. PERTINENT FEDERAL CASE LAW FOCUSING ON THE DIFFERENCES BETWEEN YCA PROBATION AND REGULAR FEDERAL PROBATION AND ON THE RETRIBUTIVE NATURE OF FINES AS OPPOSED TO THE REHABILITATIVE INTENTION OF THE YCA IS CONSIDERED. THE PROPRIETY OF IMPOSING CONDITIONS OF FINANCIAL PAYMENT ON PROBATION UNDER THE YCA PROBATION CLAUSE IS ALSO ANALYZED BASED ON THE STATUTORY CONSTRUCTION AND LEGISLATIVE INTENT OF THE ACT, THE COMPATIBILITY OF THE GOALS AND POLICIES OF THE YCA AND THE FEDERAL PROBATION ACT, AND THE PRACTICAL EFFECTS OF ALLOWING OR DISALLOWING FINANCIAL CONDITIONS UNDER THE YCA PROBATION CLAUSE. IT IS CONCLUDED THAT ALTHOUGH THE TREND HAS BEEN TO PROHIBIT IMPOSITION OF FINES ON OFFENDERS SENTENCED UNDER THE YCA PROBATION CLAUSE, USE OF THESE CONDITIONS MAY EFFECTUATE THE REHABILITATION OF YOUNG OFFENDERS UNDER CERTAIN CONDITIONS. (AUTHOR ABSTRACT MODIFIED)