NCJ Number
64529
Date Published
1980
Length
23 pages
Annotation
IT IS ARGUED THAT PRESENT UNFAIR, UNHUMANITARIAN JAIL AND BAIL SYSTEM SHOULD BE ELIMINATED IN PRETRIAL DETENTION; DETENTION CENTERS OFFERING THREE TYPES OF DETENTION SERVICES SHOULD BE INTRODUCED.
Abstract
ALTHOUGH MANY ALLEGED OFFENDERS ARE DETAINED BEFORE TRIAL IN OVERCROWDED AND FILTHY JAILS, JAILS SHOULD DETAIN ONLY DANGEROUS CRIMINALS. RATHER THAN IMPROVING JAILS, PLANNERS SHOULD REPLACE THEM WITH DETENTION CENTERS MANNED BY SOCIAL SERVICE WORKERS RATHER THAN POLICE. THESE CENTERS WOULD (1) DETAIN THE DANGEROUS, (2) OFFER HEALTH CARE OR OTHER SERVICES TO THOSE REQUIRING THEM, AND (3) HOUSE CONVICTED OFFENDERS IN TRANSIT, ON WORK-RELEASE, OR UNDER SHORT SENTENCES. TO REDUCE INEQUITIES AND TO ENSURE THAT DANGEROUS CRIMINALS ARE DETAINED, CASH BAIL SHOULD BE ELIMINATED AND, FOR MINOR OFFENSES, BE REPLACED BY PRETRIAL RELEASE PROCEDURES INVOLVING A SUMMONS TO APPEAR IN COURT RATHER THAN ARREST; FOR THOSE UNDER MORE SERIOUS ACCUSATIONS DETENTION HEARINGS SHOULD BE HELD. ALTHOUGH MANY JAIL REFORM OPPONENTS FEAR MASS FLIGHT FROM TRIAL BY THOSE NOT DETAINED, POLICE MAINTAIN THAT IT IS RARE IN ALL CIRCUMSTANCES. JUVENILES SHOULD RECEIVE PROCESSING SIMILAR TO THAT FOR ADULTS, BUT TO REMOVE THEM FROM UNHEALTHY ENVIRONMENTS PRETRIAL DETENTION WILL BE REQUIRED MORE OFTEN. MENTALLY ILL DEFENDANTS OR PUBLIC INEBRIANTS SHOULD BE DETAINED IN THE HEALTH CARE WING OF DETENTION CENTERS AND BE CHANNELED INTO APPROPRIATE PROGRAMS. PROGRAMS DISCUSSED FOR CONVICTS POSSIBLY INVOLVING DETENTION CENTERS INCLUDE FURLOUGHS, AND HALF-WAY OR RESTITUTION HOUSES. NOTES ARE INCLUDED, AS WELL AS AN APPENDED COMMENTARY. (PAP)