NCJ Number
49331
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 54 Issue: 3 Dated: (1963) Pages: 267-272
Date Published
1963
Length
6 pages
Annotation
THE OBJECTIVES OF A WORK RELEASE PROGRAM, THE MERITS OF THE VARIOUS TYPES OF WORK RELEASE LEGISLATION, MAJOR DIFFICULTIES ENCOUNTERED IN WORK RELEASE, AND WORK RELEASE AS AN EFFECTIVE PENAL SANCTION ARE DISCUSSED.
Abstract
AT LEAST 17 STATES CURRENTLY HAVE LAWS FORMALLY PROVIDING FOR WORK RELEASE SENTENCING. IN MANY OTHER STATES LOCAL COMMUNITIES FORMALLY OR INFORMALLY USE VARIOUS WORK RELEASE ALTERNATIVES. A SURVEY FOUND THAT WORK RELEASE IS APPLIED MOST EXTENSIVELY IN WISCONSIN, CALIFORNIA, AND NORTH CAROLINA. THIS EVALUATION IS BASED PRIMARILY ON THE EXPERIENCES OF THESE THREE STATES. CAREFUL SELECTION OF WORK RELEASE PARTICIPANTS IS IMPERATIVE. THERE IS GENERAL AGREEMENT THAT IT IS MOST APPROPRIATE FOR NONSUPPORT CASES, TRAFFIC OFFENDERS, SELECTED BAD CHECK OFFENDERS, AND INDIVIDUALS FOR WHOM ALCOHOL IS A PROBLEM. IN ALCOHOL CASES, SPECIAL THERAPY IS OFTEN INDICATED. IT IS RECOMMENDED THAT OFFICIALS ADMINISTERING WORK RELEASE PROGRAMS SHOULD NOT BE SWAYED BY JAIL CONDITIONS, APPEALS OF BUSINESSMEN FOR CHEAP LABOR, OR POLITICAL PRESSURES. CALIFORNIA AND OREGON HAVE LEGISLATION MANDATING WORK RELEASE PARTICIPANTS TO BE PAID PREVAILING WAGES. HOWEVER THIS CREATES A MAJOR PROBLEM WHEN ECONOMIC CONDITIONS IN AN AREA ARE POOR. THEN THERE IS GREAT PRESSURE NOT TO ALLOW OFFENDERS OUT OF JAIL WHEN LAW ABIDING CITIZENS ARE UNEMPLOYED. HOWEVER THOSE MOST OFTEN RELEASED ARE THOSE WHO WERE EMPLOYED AT TIME OF CONVICTION AND WHO OFTEN, RETURN TO THE JOBS THEY HELD BEFORE CONVICTION. IN WISCONSIN AN ACTIVE EFFORT IS MADE TO FIND JOBS FOR CANDIDATES. IN SEVERAL STATES THE CANDIDATE IS ALLOWED TO LEAVE JAIL TO SEEK HIS OWN JOB. ADMINISTRATION, RECORD KEEPING, CHECKING PRISONERS IN AND OUT, JOB FINDING, AND OTHER ROUTINE DETAILS ARE CALLED THE BIGGEST PROBLEM AND THE MAJOR REASON WHY WORK RELEASE IS NOT USED MORE OFTEN. VARIOUS STUDIES HAVE FOUND IT FAR CHEAPER THAN INCARCERATION ALONE. IT ALSO SEEMS TO FULFILL THE FUNCTIONS OF DETERRENCE, REHABILITATION, AND RETRIBUTION. WORK RELEASE SEEMS MORE SATISFACTORY THAN PROBATION BECAUSE THE OFFENDER IS REMOVED FROM THE COMMUNITY AT NIGHT AND ON WEEK-ENDS. IT ALSO MEETS THE PUBLIC'S DEMAND THAT THE CRIMINAL NOT BE 'CODDLED'. RESTITUTION IS ALSO FACILITATED BY WORK RELEASE PROGRAMS. FOOTNOTES CITE ALL STATE WORK RELEASE LAWS PASSED AT DATE OF PUBLICATION AND COMPARE VARIOUS STATE AND MAJOR LOCAL ORDINANCES.