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Shorfall News: Fed. Sentencing Guidelines

Federal Sentencing guidleines fail to specify sufficient imprionment5 to be suspended for particpation in extedined staty, residential therapeutic communities, some of which take 2 1/2 years. as inline text as quoted text as attachment

Proposed Bill for Crime Reduction through Alternatives Funded by Designated
Suspended Sentences.

Authored by Thomas Donelson, Attorney,
Phone: (703) 425-6600
5615 Castlebury Court
Burke, VA 22015

E-mail Rehabmissd@aol.com

Revision date 10/17/1999, alvasen.mme

Whereas, offenders who return to society after imprisonment, too
frequently commit further crimes, and too frequently, those crimes are more
serious than the offenses for which they were previously imprisoned,

And Whereas there would be less stress on Police and other law
enforcement officers, if offenders returning from prison to the community,
were to have a lower rate of recidivism,

And Whereas there are effective alternative programs which have records
of preventing crimes by participants, and for reducing both recidivism by
75%, and reducing the seriousness of recidivism, for both voluntary
participants and those participating as an alternative to imprisonment,

And Whereas it is in the interest of the communities of the Commonwealth
to minimize criminal activity by any offender being released from
imprisonment, and to provide reasonable incentives for any prisoner about the
be released, to have participated in an effective program of rehabilitation
that has a likelihood of reducing the chances of the offender committing any
further criminal activity,

And Whereas, a significant number of offenders are imprisoned because of
offenses committed while under the influence of intoxicants, and there are a
variety of programs that are helpful in assisting offenders to improve their
individual management of the temptations of intoxicating substances, thereby
posing less risk of becoming repeat offenders,

And Whereas ordinary citizens can plan ahead for difficulties, and
understand that longer terms of imprisonment are of a greater deterrent value
for average citizens, but the problem that many imprisoned offenders are
short on long-range planning skills, is best addressed by alternative
programs before offenders are released from supervision, as part of the
process of release from imprisonment,

And Whereas citizens feel more secure with offenders serving the maximum
length of imprisonment they deserve under the law, the actual safety of the
society can be enhanced fourfold by exchanging a slightly shortened term of
imprisonment, for an appropriate alternative program for the offender as part
of the re-entry to the community.

Crime Reduction through Alternatives Funded by Designated Suspended
Sentences, Page 2

And Whereas the sentencing authority in some instances is presented an
offender whose crime would not warrant as long a sentence as is mandated by a
mandatory minimum sentence, and thereby precludes a reasonable amount of
imprisonment from being suspended as an incentive for the participation in a
rigorous or expensive regimen of effective rehabilitation,

And Whereas, the Commonwealth collects taxes from the businesses which
manufacture, distribute and sell substances of intoxication and abuse,
including alcohol and pharmaceuticals,

And Whereas, a number of successful program models have been developed
for offenders with drug addictions, which contain rehabilitative processes
and regimens that are effective in reducing recidivism for many types of
offenders,

and Whereas it is in the interests of the tranquility of the community
that offenders returning to the community from prison, set the best examples
for constructive participation in society, and might even have learned
counseling skills to guide acquaintances to constructive participation in the
community, and further reduce the support structure for criminal activity by
those not yet facing criminal prosecution,

And Whereas recent research indicates that offenders with the learning
disability of Attention Deficit, Hyperactivity Disorder, (ADHD) and some
other learning disabilities have elevated rates of recidivism, and ADHD
offenders are accepted into some Virginia programs of rehabilitation,
utilizing alternative strategies, processes and regimens, not usually
available in public schools and colleges,

And Whereas the parents of offenders have often expended considerable
effort and resources to assist the offender, before the court, to attain an
arrest-free lifestyle, and modern psychology and religious counseling, and
therapeutic programs have enriched the efforts of parents, relatives,
teachers and coaches, and achieved many successes,

And Whereas social deterrence of crime is the most effective deterrence
to crime, and social deterrence can be increased if an increased number of
individuals returning to the counter cultures from imprisonment, can be
better advocates and role models for an arrest free life-style,

Therefore, it is hereby enacted that:

(A) (1) The trial or sentencing judge may designate up to three years of
a suspended sentence of any sentence, to be conditioned upon participation in
a suitable program of social adjustment of 6 months or longer. Any program
utilizing the residential Phoenix House model of the 1970's which utilized
group therapy, role playing or Gestalt therapy, individual therapy and
progressive privileges,

Crime Reduction through Alternatives Funded by Designated Suspended
Sentences, Page 3

shall be considered suitable. The judge may designate this portion of a
suspended sentence as proportionally reimbursable to the City or County
providing the alternative services. Any time spent in the program shall be
credited at a 3 to 1 ratio, or such ratio as designated by the sentencing
authority. There shall be proportional credit for imprisonment time, for all
of the offender's time of participation in the alterative program. If there
is a mandatory minimum prescribed by statute, and the sentence of
imprisonment imposed by the jury or the judge does not exceed the mandatory
minimum by three years, then the mandatory minimum is hereby set aside, to
the extent that there shall be a minimum of three years of imprisonment to be
suspended conditioned upon participation by the offender in a constructive
alternative program.

(A) (2) All types of programs of self-improvement, self management,
communication skills, skills of interpersonal relations, and counseling,
shall be considered at sentencing, and a proportional amount of the final
three years of imprisonment shall be suspended, giving accordance to the
length of the program, the intensity of the program, and the amount of the
participant's contribution toward payment for the expense of the program, and
the difficulty of the program for the individual offender, and the resistance
to therapy of the particular offender's personality profile.

(A) (3) All types of offenders shall be eligible for credit for the
suspension of up to 3 years of imprisonment, for participation in
constructive rehabilitation programs. Offenders with learning disabilities
shall also receive imprisonment credit for alternative programs limited to
academic learning and job training.

(A) (4) If a City or County has provided an alternative program to an
offender under a designated suspended sentence, the City or County may apply
to the Department of Corrections for reimbursement of the expenses of the
alternative program. The Department of Corrections shall reimburse the City
or County making application, up to the rate of � the average cost of
incarcerating an inmate for the proportional number of months, which was
suspended, up to 6 months of imprisonment, for 2 months of alternative
service.

(A) (5) An offender who participates in a program, in lieu of a
suspended term of imprisonment, shall earn proportional imprisonment credit
for any time of participation in the alternative program. A judge may add up
to 4 days of imprisonment for every one day an offender has not reported to
his probation officer after leaving a program. An offender shall not face
any charges for voluntarily leaving a program, provided the offender contacts
his parole or probation officer within 19 days of leaving the program, and
subsequently makes an earnest effort to re-enter the original program, or
find a suitable substitute alternative program.

6alvasen.mme

undeveloped ideas:

it will be better if the offender have developed longer range planning
abilities.

is in the best coming back to the society without having developed skills to
avid disruptive behavior

recognize the need to be mindful of the costs of police and imprisonment,

And Whereas, there are potential offenders who have not been identified
as a threat, who are acquaintances of offenders being released from
imprisonment, and it is in the best interests of the tranquility of the
society that offenders returning from prison set the best examples for
constructive participation in the society, and be equipped with the best
counseling skills to guide acquaintances to constructive participation in the
community.

and Whereas for purposes of crediting funding back to the County or City
providing the rehabilitative alternative services, the ordinary suspended
sentence needs to be distinguished from a reimbursable, recidivism reducing
alternative to imprisonment.

And Whereas many citizens find pleasure and sport in the lawful ownership
of firearms, and while there is an interest in tranquility for firearms to be
difficult to the maximum for unintended users to obtain firearms, and to make
their sue for illegally injurious purposes to be maximally difficult,

it is also in the interests of the commonwealth that firearms not be used for
illegally injurious purposes, and to maximize safety of firearms, it is most
advantageous to have members of the community returning from prison to as
self- possessed and self-disciplined and least trouble minded as possible,
having taken advantage of the programs available from modern psychology and
religious teachings, to be able to withstand the temptation f an available
firearm.

And Whereas many citizens would like stricter controls on firearms to
reduce the likelihood of guns being used for criminal activity, and since all
types of crime will be reduced by reducing crimes from recidivism, then guns
will be less frequently used in criminal activity, if effective alternative
programs are more fully utilized, and the need for stricter gun control will
decrease

from a program for an offender who has spent three months in the program, and
reimburse on a pro-rated amount, based upon the length of the sentence
suspended, and the expected length of the program.

(A) (4) The Bureau of Prisons shall transfer monies to the County or
City which funds the program for which imprisonment is suspended, upon
application of the City or County, and reimburse full expenses up to 1/4 of
the cost of imprisonment, for the term that is suspended in lieu of
alternative service. The Bureau of Prisons shall honor any application for
which an offender has participate in a program for at least 2 months, and
shall honor applications for each 2 month interval, or longer, as may be
decided by the County or City, based upon the proportional amount of
imprisonment that ha been served.

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