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§22-1514.


§22-1514.
   
   The following purposes and policies of the criminal justice and
   corrections systems are hereby established:
   
   1. Protection of the public. Incarceration should be viewed by the
   court both as punishment and as a means of protecting the public.
   Limitations on the freedom of the offender and the appropriate level
   of custody should be dictated in the first instance by the nature of
   the offense, the violent character of the offender, the proclivity of
   the offender to engage in criminal conduct as demonstrated by his
   criminal record, and the sound judgment of the sentencing court after
   taking into account all of the relevant aggravating and mitigating
   factors involved in the offender's record of criminal conduct.
   
   2. Punishment of the offender. After the interests of public
   protection have been addressed, consideration should be given to
   restriction of the liberty of the offender in such manner and to such
   extent as is necessary to demonstrate clearly that the offender's
   conduct is unacceptable to society and to discourage a repetition of
   such conduct. In determining the appropriate punishment, the court
   should consider a range of sanctions at the state or community level
   which may include incarceration, various degrees of restrictions on
   the offender's liberty including house arrest, electronic monitoring,
   various degrees of supervision, community penalties, community
   service, restitution, reparation, or fines.
   
   3. Rehabilitation of the offender. Every sentencing plan should
   consider treatment and rehabilitative needs of the offender to the
   extent that it addresses the cause of the criminal behavior and,
   therefore, might assist in correcting such behavior. The offender
   should be enrolled in a program of rehabilitation over a definite
   minimal period of time. The program of rehabilitation should involve
   work and recreation and may involve education, psychological or
   psychiatric counseling, treatment for alcohol or drug abuse and sexual
   aggression either within or without the prison walls as the individual
   case may indicate. The court may recommend remedies for alcoholism,
   substance abuse, mental illness, education and employment
   deficiencies, and may order community-based offenders to pay for such
   treatment to the extent the offender is able. Public institutions
   should respond to the court order at no cost to the indigent offender.
   Where treatment is not available from public institutions, the state
   should purchase appropriate treatment from the private sector.
   
   4. Restitution and reparation. When appropriate, the sentencing plan
   should provide for restitution or reparation to the victim or victims,
   whether they be individual citizens, corporations, or society as a
   whole, to be paid as soon as practicable. Such restitution or
   reparation should include repayment for any property stolen or
   damaged, medical costs and lost wages of the victims, court costs and
   reasonable costs to cover pretrial detention, and restitution to the
   community through community service. In those cases where the offender
   can be punished and rehabilitated outside of prison without
   jeopardizing the security of the society at large in their persons or
   property, it is appropriate and encouraged that the offender pay his
   debt to society through a range of punishments which are alternative
   to incarceration. The court should order such supervision or
   restrictions as deemed necessary for the offender to comply with the
   restitution orders. Failure to comply should result in stricter
   measures.
   
   5. Work policy for offenders. It is the policy of this state that
   offenders should work when reasonably possible, either at jobs in the
   private sector to pay restitution and support their dependents, or at
   community service jobs that benefit the public, or at useful work
   while in prison or jail, or at educational or treatment endeavors as a
   part of a rehabilitation program. Offenders should be offered the
   opportunity to reduce the duration of their sentences by earning
   "time" credit for work endeavors in achieving vocational or
   educational skill levels. Prisoners who are able and do not work or
   who refuse to participate in treatment programs should be prohibited
   from enjoying privileges which may be provided to inmates beyond those
   required by law.
   
   6. Responsibility of Department of Corrections. It is the goal of the
   Department of Corrections to provide adequate prison space to ensure
   that those sentenced to prison will remain incarcerated until such
   time as they can be safely released, or until their active sentences
   are completed, and to provide community-based supervision for those
   offenders selected for supervised probation and parole by the courts
   and the Pardon and Parole Board.
   
   It is the mission of the Department to provide housing, clothing, food
   and medical care to its inmates, to maintain a safe and secure prison
   system, to keep accurate records, to offer job training, education,
   counseling, work and treatment programs deemed appropriate to monitor
   and advance the rehabilitative progress of its inmates, to provide a
   fair and orderly progression through custody levels, and to make data
   and recommendations regarding parole available to the Pardon and
   Parole Board. As an inmate demonstrates that he is no longer a threat
   to society, that the punishment has been effective and that a program
   of rehabilitation is showing progress, the inmate's level of custody
   may be commensurately reduced in an orderly progression through
   custody levels to parole and release from supervision.
   
   It is the mission of the Department of Corrections to receive
   convicted offenders selected by the courts and the Pardon and Parole
   Board and to protect society through a coordinated program of
   community supervision which provides realistic opportunities for
   probationers and parolees to develop skills necessary to adjust to
   free society. As a probationer or parolee demonstrates that the
   supervision has been effective and that a community treatment program
   is showing progress, the level of supervision may be commensurately
   reduced in an orderly progression to prepare for release from
   supervision.
   

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