NCJ Number
46092
Journal
American Bar Association Journal Volume: 64 Dated: (MARCH 1978) Pages: 356-359
Date Published
1978
Length
4 pages
Annotation
TO ALLEVIATE THE GROWING SUPERVISORY BURDENS PLACED ON THE COURTS IN REGARD TO INMATE GRIEVANCES, A PROPOSAL FOR THE ESTABLISHMENT OF INMATE INSTITUTIONS COMMISSIONS (IIC'S) IS OUTLINED.
Abstract
THE CONCEPT THAT ACCESS TO SOCIAL JUSTICE IS ANALOGOUS TO ACCESS TO THE COURTS, PARTICULARLY FEDERAL COURTS, IS UNIQUE TO THE UNITED STATES. A NUMBER OF FACTORS HAVE CONTRIBUTED TO THE DEVELOPMENT AND EVOLUTION OF THIS CONCEPT, INCLUDING AN ENORMOUS INCREASE IN THE NUMBER OF LAWYERS, IN GROUP ADVOCACY ORGANIZATIONS, AND IN BOTH THE PRIVATE AND PUBLIC FUNDING OF LITIGATION. UNFORTUNATELY JUDICIAL SYSTEMS ARE RELATIVELY INELASTIC AND EXPENSIVE, AND IN VIEW OF THE TREMENDOUS OVERLOADS FACING MOST COURTS, THE EFFECTIVENESS OF THEIR SOCIAL REFORM ROLE IS LIMITED. ALTHOUGH COURTS CAN RECOMMEND CHANGE, THEY CAN NOT APPROPRIATE FUNDS NECESSARY FOR SUCH CHANGE. INMATES OF PUBLIC INSTITUTIONS ARE THE MOST HELPLESS SEGMENT OF THE PUBLIC. THEY HAVE NO POLITICAL VOICE AND THERE IS A GENERAL RELUCTANCE TO EVEN ACKNOWLEDGE THEIR EXISTENCE. IT IS PROPOSED THAT 15 NATIONAL COMMISSIONS, WITH TERRITORIAL JURISDICTION OVER PUBLIC INSTITUTIONS OF NOT LESS THAN TWO STATES, BE CREATED AND PROVISIONALLY DESIGNATED IIC'S. AN IIC CHAIRPERSON WOULD BE APPOINTED BY THE PRESIDENT, AND IIC MEMBERS WOULD BE APPOINTED BY THE U.S. CONGRESS AND THE STATE LEGISLATURES. THE IIC WOULD BE RESPONSIBLE FOR INSPECTING INSTITUTIONS UNDER ITS JURISDICTION, WITHOUT ADVANCE NOTICE, AND REPORTING FINDINGS TO THE STATE GOVERNOR OR THE U.S. DEPARTMENT OF HEALTH EDUCATION AND WELFARE (HEW). THE IIC WOULD RECEIVE INMATE COMPLAINTS, ORDER GRIEVANCE HEARINGS, REQUIRE THE DRAFTING OF PLANS FOR IMPROVEMENTS, MAKE RECOMMENDATIONS, AND PROVIDE CONSULTATIVE ASSISTANCE. ADDITIONALLY, THE IIC COULD REQUIRE THE INSTITUTION TO APPLY FOR FUNDING GRANTS FOR NECESSARY IMPROVEMENTS. THE CHAIRPERSONS WOULD BE AUTHORIZED TO ACCEPT OR REJECT GRANT APPLICATIONS, TO DESIGNATE FUNDING PRIORITIES, AND TO IMPOSE CONDITIONS ON THE GRANTS; FINAL GRANT APPROVAL WOULD REST WITH HEW. THE IIC WOULD ALSO BE RESPONSIBLE FOR INSPECTING INSTITUTIONS TO ENSURE THAT GRANT CONDITIONS ARE BEING MET. IN THE CASE OF VIOLATIONS, THE IIC WOULD ASSUME THE ROLE OF THE COMPLAINANT IN ACTIONS TO BE FILED IN THE NAME OF THE STATE OR THE U.S. ATTORNEY GENERAL. THE IIC WOULD NOT BE USED AS A SUBSTITUTE FOR HABEUS CORPUS NOR WOULD ACCESS TO THE COURTS BY INDIVIDUALS BE PROHIBITED. BY ACTING AS AN OMBUDSMAN, THE IIC WOULD PROBABLY SUBSTANTIALLY REDUCE THE NEED FOR CLASS AND INDIVIDUAL ACTIONS ATTACKING INSTITUTIONAL CONDITIONS. (JAP)