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Periodic Detention Revisited

NCJ Number
176832
Author(s)
I Potas; N Marsic; S Cumines
Date Published
1998
Length
87 pages
Annotation
This document reviews and evaluates reforms to periodic detention relating to non-attendance and cancellation orders.
Abstract
Periodic detention is intended to provide a cheaper and more humane alternative to full-time incarceration. It enables some offenders to work in the community and live at home for the greater part of their sentence. The 1996 legislative amendments, among other things, introduced greater flexibility into dealing with canceled orders and now enable the sentencing court to make such orders as it considers appropriate. Periodic detention may now be imposed on fine defaulters. The document discusses media coverage of periodic detention, net-widening and the non-residential stage of the program. That stage requires detainees to report directly to a nominated work site on each of the two days of their weekly detention. Opponents of the use of this stage argue that it has no legislative basis, is no more punitive than a community service order and offends the principle of "truth in sentencing." Arguments in favor of the stage include the consideration that it provides a valuable incentive for detainees to attend, assists management of detainees and frees up valuable bed space. The report recommends retention of stage two and that its legitimacy be put beyond doubt by appropriate, unambiguous legislation. Notes, figures, tables, cases cited, statutes, references, index