The proposed approach to promoting humane care in the prison system calls for keeping out of prison those who do not need to be imprisoned, establishing a legal framework for the treatment of prisoners, improving relations between all groups in prisons, and reshaping the prison system. There are several distinct categories of prisoners for whom custody is used to excess: remand prisoners, fine defaulters, mentally ill prisoners, and child care abusers. The first step to creating the proper context for a humane prison system is to establish a legal framework which clearly defines prisoners' rights and minimum standards for all aspects of prison life. Recommendations accompany each of the proposed steps. 38 references