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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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