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Analysis of Alternatives to Incarceration for Non-Violent Offenders - A Progressive Approach to Correctional Procedure

NCJ Number
72937
Journal
St. Mary's Law Journal Volume: 11 Issue: 1 Dated: (1979) Pages: 187-211
Author(s)
C M Scaglione
Date Published
1979
Length
25 pages
Annotation
Harmful effects of incarceration on non-violent offenders are reviewed; a plea is made for full implementation of work release and community-based probation statutes passed by the Texas legislature in 1978-79.
Abstract
The recent trend in the nation is away from institutionalization for juveniles, mental patients, and adult offenders and legislation in many states has provided for community-based alternatives to incarceration. Research evidence has demonstrated that incarceration fails to meet the major goals of rehabilitation and deterrence. Negative effects of prison confinement on adult inmates include an increased propensity to crime, embitterment, hindrances to postrelease adjustment and high recidivism rates. Therefore, the construction of more maximum security prisons in Texas to relieve overcrowded conditions is not recommended. Instead, correctional goals can be achieved at a much lower cost without increasing crime incidence through community-based alternatives, as mandated by the new State statutes. Current Texas practice, however, fails to carry out the intent of the statutes by sentencing nearly all felons to the State penitentiary and virtually none to community-based facilities. Additional compelling reasons for community-based alternatives are that civil actions are being brought by inmates challenging confinement conditions and that a Federal court has declared (Pugh v. Locke) the arbitrary denial of less restictive treatment forms in violation of inmates' 14th amendment rights. The Texas probation statute provides a practical method for determining which offenders should participate in community-based alternatives, and it should be implemented despite potential political and judicial impediments. Intelligent evaluation rather than tradition should be the basis of future Texas correctional decisions. One hundred ninety-six references are provided.

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