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NCJ Number: 66383 Add to Shopping cart Find in a Library
Title: LEGAL ASPECTS OF THE ENFORCED TREATMENT OF OFFENDERS
Author(s): R K SCHWITZGEBEL
Corporate Author: US Dept of Health, Education, and Welfare
Alcohol, Drug Abuse, and Mental Health Admin
United States of America
Date Published: 1979
Page Count: 140
Sponsoring Agency: Superintendent of Documents, GPO
Washington, DC 20402
US Dept of Health, Education, and Welfare
Rockville, MD 20852
US Dept of Health, Education, and Welfare
Washington, DC 20203
Contract Number: 282-77-0133
Publication Number: DHEW ADM 79-831
Sale Source: Superintendent of Documents, GPO
Washington, DC 20402
United States of America
Language: English
Country: United States of America
Annotation: THIS MONOGRAPH EXPLORES THE RELATIONSHIP BETWEEN THE RIGHTS OF OFFENDERS AND THEIR THERAPEUTIC TREATMENT IN PRISONS AND MENTAL HOSPITALS; FOCUSING UPON LEGAL ISSUES IN THE TREATMENT OF PATIENTS AND PRISONERS.
Abstract: AN OVERVIEW IS PRESEUTED OF MAJOR CONSTITUTIONAL DOCTRINES SUCH AS CRUEL AND UNUSUAL PUNISHMENT AND DUE PROCESS THAT MAY LIMIT THE ENFORCED TREATMENT OF OFFENDERS. THE EMERGING TREND TOWARD THE USE OF EXPLICIT AGREEMENTS AND CONTRACTS IN TREATMENT IS DESCRIBED, AND THE REQUIREMENTS FOR DEVELOPING LEGALLY VALID TREATMENT CONTRACTS WITH PRISONERS AND PATIENTS ARE DISCUSSED. BECAUSE THESE CONTRACTS MAY BE LIMITED OR VOIDED BY VARIOUS LEGAL DOCTRINES, ISSUES SUCH AS COERCION, DURESS, AND MISREPRESENTATION ARE CONSIDERED. THE BOOK ALSO EXAMINES TOPICS OF INCREASING CONCERN SUCH AS THE RIGHT TO REFUSE TREATMENT AND THE USE OF 'LEAST RESTRICTIVE CONDITIONS' IN COMMITMENT AND TREATMENT. OTHER ISSUES RELATE TO TREATMENT REQUIREMENTS IMPOSED DURING PAROLE, WORK RELEASE, AND HOSPITAL LEAVE OR AFTERCARE STATUS, WITH PARTICULAR ATTENTION TO CONDITIONAL RELEASE PROGRAMS. IT IS CONCLUDED THAT, BASED ON PRESENT LAW, MENTALLY COMPETENT, INVOLUNTARILY COMMITTED MENTAL PATIENTS HAVE A RIGHT TO REFUSE TREATMENT. MENTALLY COMPETENT PRISONERS GENERALLY DO NOT HAVE A LEGALLY RECOGNIZED RIGHT TO REFUSE STANDARD FORMS OF TREATMENT UNLESS TREATMENT IS HAZARDOUS OR EXCEPTIONALLY INTRUSIVE. TREATMENT MAY BE IMPOSED UPON PATIENTS OR PRISONERS WHO ARE MENTALLY INCOMPETENT TO MAKE TREATMENT DECISIONS AFTER LEGALLY REQUIRED PROCEDURES HAVE BEEN FOLLOWED, BUT THESE PROCEDURES MUST CONFORM TO CONSTITUTIONAL REQUIREMENTS. MOREOVER, BEFORE TREATMENT, CONSENT OR SUBSTITUTED CONSENT SHOULD BE OBTAINED TO AVOID LIABILITY FOR TECHNICAL ASSAULT AND BATTERY OR MALPRACTICE. APPENDIXES INCLUDE THE BILL OF RIGHTS AND RELATED AMENDMENTS, A GLOSSARY, A SUGGESTED STATUTE REGARDING HAZARDOUS TREATMENT OR TREATMENT INVOLVING UNUSUAL DISCOMFORT, CONSENT AND CONTACT FORMS, AND STATUTES WITH CONDITIONAL RELEASE PROVISIONS. FOOTNOTES ARE ATTACHED. FOR RELATED INFORMATION CONCERNING PROCEDURAL ISSUES INVOLVED IN THE SENTENCING, COMMITMENT, TRANSFER, AND RELEASE OF OFFENDERS, SEE NCJ 40043. (AOP)
Index Term(s): Civil commitment; Cruel and unusual punishment; Mentally ill offenders; Prisoner's rights; Right to Due Process
Note: CRIME AND DELINQUENCY ISSUES - A MONOGRAPH SERIES
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66383

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