NCJ Number
58100
Journal
State Legislatures Volume: 5 Issue: 2 Dated: (FEBRUARY 1979) Pages: 6-11
Date Published
1979
Length
6 pages
Annotation
A NEW APPROACH TO THE TREATMENT OF OFFENDERS IS THE USE OF ALTERNATIVE MEANS OF TREATMENT RATHER THAN FULL TIME CUSTODIAL CARE WHENEVER POSSIBLE.
Abstract
ALTERNATIVE MEASURES INCLUDE COMMUNITY CORRECTIONS, PRETRIAL DIVERSION PROGRAMS, CIVIL SOLUTIONS, FINES, RESTITUTIONS AND CLOSE PROBATION SUPERVISION. THEY SHOULD BE CAREFULLY CONSIDERED BEFORE AN OFFENDER IS INCARCERATED. THE PRISON SYSTEM AS IT EXISTS DOES NOT FULFILL THE GOALS IT ATTEMPTS TO ACHIEVE, I.E., DETERRENCE AND REHABILITATION OF THE OFFENDER. MOST INMATES ARE NOT HELPED BY PRISON LIFE, THEY ARE FREED INTO SOCIETY BITTER, SUSPICIOUS, ILL-EQUIPPED TO PARTICIPATE IN THE ECONOMY OR THE SOCIETY AND ARE OFTEN DANGEROUS. PRISON CONDITIONS, FOR THE MOST PART, ARE DEPLORABLE; THE LACK OF HYGIENE, LACK OF PROGRAMS AND RECREATION, OVERCROWDING, AND INADEQUATELY TRAINED STAFF CAUSE VIOLENCE IN EPIDEMIC PROPORTIONS IN NEARLY EVERY AMERICAN PRISON. UNDER SUCH CONDITIONS, IT IS IMPOSSIBLE FOR THE MENTAL AND PHYSICAL HEALTH OF THE PRISONERS NOT TO BE DEEPLY AFFECTED. THE CONDITIONS IN PRISONS HAVE LED TO LITIGATION BASED ON THE EIGHTH AMENDMENT, WHICH CONCLUDED THAT THE TOTAL CONDITIONS IN THE PRISONS CONSTITUTED CRUEL AND UNUSUAL PUNISHMENT. THE HISTORIC CASE IN THIS INSTANCE WAS HOLT V. SARVER (1970). ON THE BASIS OF COST ALONE, IT IS MORE ECONOMICAL TO LEAVE THE OFFENDER FREE; IT COSTS BETWEEN $7-8,000 PER YEAR TO INCARCERATE AN OFFENDER. IF ON THE OTHER HAND, THE MAJORITY OF OFFENDERS ARE INVOLVED IN SOME SORT OF COMMUNITY SERVICE, THE COSTS TO THE PUBLIC ARE SUBSTANTIALLY REDUCED. THERE IS SERIOUS DOUBT ABOUT THE EFFECTIVENESS OF REHABILITATIVE PROGRAMS WITHIN THE PENAL INSTITUTION; A PERSON CANNOT BE TAUGHT TO BE A RESPONSIBLE MEMBER OF SOCIETY BY BEING LOCKED AWAY WITH OTHER MISFITS. THERE IS A NEED FOR INCARCERATION; HOWEVER, FOR ONLY A SMALL PERCENTAGE OF THE TOTAL POPULATION OF OFFENDERS. FOR THE MAJORITY, ALTERNATIVE METHODS OF TREATMENT CAN HELP THEM BECOME PRODUCTIVE MEMBERS OF SOCIETY. (STB)