PROPOSED INITIAL LEGISLATION

                                 271                     SUPPLEMENT 3

              INITIAL LEGISLATION (ROUGH DRAFT)

   PURPOSE: To affirm the  pre-existing right of a defendant  to waive
   any other right, or protection under the law, with the exception of
   a single review of a sentence of death.  To  set forth standardized
   guidelines  for the  utilization  of this  right  as pertaining  to
   corporal,  alternative  sentencing.    To  provide  safeguards  and
   procedures  for   use  of  voluntary,  corporal   sentencing  as  a
   sentencing  alternative  to   incarceration.    To   authorize  and
   encourage the Department of  Corrections to utilize such sentencing
   alternatives  to alleviate  prison  overcrowding.   To establish  a
   means of  maintaining the statistical  data which may  be generated
   out of  such voluntary  alternative sentencing programs,  for later
   use in determining the  feasibility of enacting corporal sentencing
   legislation.

   I. It shall be considered lawful  and acceptable for any judge,  or
   any district  attorney, at his or  her discretion, to waive  any or
   all  of  a sentence  of imprisonment,  (possibly,  to allow  for an
   additional deferred adjudication?) even  if that imprisonment would
   otherwise be  mandatory, and instead, impose  a sentence including,
   but  not  limited  to,   corporal  punishment,  provided  that  the
   defendant shall independently submit:

   1) Notarized waivers of the defendant's rights  under the current
   interpretations of  the Eighth Amendment to  the U.S. Constitution,
   witnessed  by  his  or her  attorney,  applicable  to:  the current
   charge(s), any partial deferment of the sentence, and the inclusion
   of corporal sentencing (at  the courts discretion) in the  event of
   any future conviction.

   2) A statement from  the defendant agreeing to comply,  fully and
   completely,  with any additional  requirements such as restitution,
   drug  treatment, avoidance of  persons or  places where  alcohol or
   other drugs are likely to be present or used, etc.

   3) Notarized statements releasing:
         a) all government officials and entities,
         b)  all  persons  involved  (before, during,  and  after)  the
   application  of said  corporal sentence,  from any  liability which
   might  arise  as the  result  of  such  application,  unless  gross
   negligence or misconduct can be proven.

   4) A  sworn statement from his or her attorney stating that (s)he
   has fully explained these documents, and their full
   implications, to the defendant  and attesting to the fact  that the
   defendant chose to sign  the documents under no threat,  duress, or
   coercion.

   5) A statement  from an approved  (private or publicly  operated)
   corporal corrections center stating that they have screened the 










   SUPPLEMENT 3                  272

   defendant and are  willing to  accept them in  the event that  such
   alternative sentencing is approved.

    II.  Any  inmate,   currently incarcerated,    may file  a petition
    requesting  that their sentence be  revised in accordance with this
    law, and the Department  of Corrections is authorized to  give such
    requests serious consideration, provided  the inmate: is willing to
    comply with all portions of section I and that the sentencing judge
    approves the revision of such sentence.

    III. Persons  sentenced under  these waivers  shall be  remanded to
    such centers based on the following preferences:
    1)  the  center available  in the  county  where the  charges are
    filed, or where the inmate is incarcerated;
    2) the center available in the defendants county of residence (if
    different);
    3)  if no  such center  is available  in either  (1) or  (2), the
    center which is closest to (1);
    4)  if more than one  such center exists  under these guidelines,
    the court shall have the final choice and, all  other factors being
    equal, shall give preference to the center demonstrating the lowest
    percentage of recidivism.
    ?) provisions for use of jail facilities?

    IV.  The sheriff  of each  county, and the Dept. of Corrections, 
    is authorized  to set up,  cause to be  set up, or  to approve 
    such  corporal corrections  centers,  or  to contract  for private
    services to be provided in a jail type setting.

    V.  All  persons,  requesting  sentencing  under  this  act,  shall
    complete an  exercise  cardiology test  during  the course  of  the
    screening process and  must rate  in the average  or above  average
    category to  be accepted  for participation.   If the  need for  an
    Electrocardiogram is  indicated, it shall be  the responsibility of
    the applicant to make his or her own arrangements to  obtain such a
    test, the cost  of which shall be independent of  the rates set for
    other  screening  procedures.    If the  results  of  the  exercise
    cardiology test and such an electrocardiogram conflict, the results
    of the electrocardiogram shall  prevail to determine the applicants
    eligibility status.

    VI. All costs  of such sentencing are to be  borne by the defendant
    and  shall be paid in  advance (provisions for  deferred payment by
    indigent  defendants?); but shall not exceed a total of six hundred
    1996 dollars, but  may be  indexed to inflation.   This cost  shall
    cover:
    1) eligibility screening  [not to  exceed ?00.00 and  to be  paid
    separately], including   physical exam, psychological  testing, and
    screening interview;
    2) up to a 120 hours stay in an isolation-type cell, the  size of
    which shall be not less than six by eight foot, nor more than eight
    by ten feet;











                                  273                     SUPPLEMENT 3

    3) meals;
    4)  services of  a counselor, specialist,  technicians, med-tech,
    and (if applicable) a doctor;
    5)  such materials  and supplies  as are  needed to  complete all
    required assignments;
    6) such  in-facility medical  care and  supplies as  required and
    deemed necessary.   Any medical  care performed outside  of such  a
    facility  shall  be the  further  financial  responsibility of  the
    person receiving such services.

        If  the person is currently incarcerated in the custody of the
    Department  of  Corrections,  such  costs  may  be  borne   by  the
    Department of Corrections.

    VII)  Any judge,  district attorney,  assistant district  attorney,
    prison official, corrections  officer, law enforcement  officer, or
    any other person  in a position  of public trust  who is proven  to
    have caused through threat,  duress, or coercion; either personally
    or through  the use of a  third party; the signing  of such waivers
    shall be guilty  of a felony,  the penalty for  which shall be  not
    less  than five years imprisonment  or, should they  choose to sign
    such  waivers themselves,  not less  than  four times  the corporal
    sentence which was imposed upon the defendant.  If any third party,
    not in a  position of public trust, shall be  proven guilty of this
    section,  they shall be  guilty of a felony,  the penalty for which
    shall  be not  less than  four years  imprisonment or,  should they
    choose to sign such waivers themselves, three times the corporal 
    sentence received by the defendant.  However, the refusal to accept
    other types of  alternative sentences, or  reduced sentences, as  a
    part of a plea agreement shall NOT  be construed as threat, duress,
    or coercion.

    VIII)  Any  such  corporal  punishment  shall  be  carried  out  in
    accordance with the provisions dealing with such  punishment in the
    book, "You're FED UP with the 'Criminal Justice' System, too, huh?"
    [ENTER INTO RECORD]

    IX)  The   Department  of  Probation  and   Parole  shall  maintain
    statistics including, but not limited to:
    1) age, race, and gender of offender;
    2) previous criminal history of offender;
    3) type of crime committed;
    4) sentence imposed and sentence which WOULD  have been otherwise
    imposed;
    5)  other  requirements (drug  treatment, restitution,  etc.) and
    compliance rates;
    6) follow-up notes;
    7)  success/failure rates,  including: a)  subsequent convictions
    for  the  same offense  and  b)  subsequent  convictions for  other
    offenses (including charge);
    8) cost-savings analysis;













    SUPPLEMENT 3                  274

    and  shall  submit  such  reports  annually  to  the  head  of  the
    Department  of  Corrections.   Corporal  Corrections Centers  shall
    submit any data pertinent to  the above which is available to  them
    and shall cooperate fully in the maintenance of such statistics.

    X)  Any person,  who is employed as a  counselor in such a  center,
    shall maintain  absolute confidentiality outside such  a center and
    shall  be precluded  from testimony  pertaining to  any information
    told to them by  the inmate under such auspices  of confidentiality
    unless  such information shall pertain to an admission of murder or
    shall  be of  the nature of  a threat  against a  person or against
    property.

    XI) The state, its  officers, agents and employees shall  be immune
    from liability resulting or arising from:

    1)  any   physical, emotional,  or mental  damage which may  be the
    result  of   allowing  the  person  to  choose  such  a  sentencing
    alternative, in the absence of negligence or misconduct;

    2) any  claims of  a violation of  that person's  rights under  the
    constitution which may be presented as a result of allowing them to
    voluntarily participate;

    3)  any claims of  a violation  of that  person's rights  under the
    constitution which may be presented as a result of the person being
    denied eligibility to participate  due to their physical or  mental
    condition,   because  they are  deemed to  present a danger  to the
    community if  they were  to be  released under  such a  program, or
    because they appear to  be unwilling to make the  lifestyle changes
    required to ensure rehabilitation.

    XII) Persons excluded from participation in such programs:

    1)  persons with a history  of violent crimes,  indicative of their
    being an ongoing risk to the community if released;  Such history 
    shall include a search of the candidate's juvenile criminal history.

    2) person currently classified as mentally incompetent;

    3) persons with  a medical  history of stroke,  heart attack,  very
    high blood pressure, or  other conditions which, in the  opinion of
    the examining  physician, could  pose a  significant risk  to their
    life.

    XIII) THINGS TO BE FIT IN SOMEWHERE:

    1) no contact is to be permitted among inmates;

    2) all med-techs must hold a valid and current E.M.T. license;

    3)  a med-tech must be physically present during the application of
    any corporal punishment;










                                275                     SUPPLEMENT 3

    4) any person performing the job of specialist must have previously
    shown proof of training and competence  in techniques sufficient to
    prevent damage to the spine;

    5)  persons working as counselors  need not be academically degreed
    professionals but  should, instead,  and in  addition to  any other
    training which these persons  have previously acquired, should have
    received specialized training for this specific job;

    6) no  person  shall receive  more  than 50  lashes  in any  30-day
    period;

    7)  any sentence  of  more  than 30  lashes  shall  require that  a
    licensed physician be physically present;

    8) any person acting in  good faith, shall be immune from  civil or
    criminal liability.

    9) Strong language insuring access to rehabilitative programs.

         Such legislation would be  extremely hard to defeat, since  it
    does not mandate either  the defendant or the judge  to participate
    in the system.   However, it would also provide  a statistical base
    and  a rather effective counter-arguement to  any claims of future,
    mandatory corporal sentencing legislation being in violation of the
    Eighth Amendment.

    QUESTIONS                      70

                     WOULDN'T IT BE POLITICAL SUICIDE FOR A
                  LEGISLATOR TO SUPPORT YOUR PROPOSALS?

        Not by  a long shot.   If anything, the reverse  would be true.
    When  I started this book, I anticipated  a lot of resistance to my
    ideas -- it  simply has NOT been there.  I  have, instead, been met
    with  overwhelming  support.    Many  of  these  same  people  have
    expressed  doubts that anyone else  would be as  supportive as they
    are...   Now, it's  a matter  of  establishing communication  among
    those who  are  willing to  try  something that  will  work, for  a
    change.  There are a lot more of you out there than you realize, in
    both the ranks of legislators and of the voting public.  People are
    coming to  the realization that what  we have been doing  is simply
    not  working.  They are  sick and tired of being  asked to pay ever
    higher and higher taxes to support a system which has proven itself
    to  be a  failure.   In one  recent election,  a candidate  who had
    introduced  similar legislation  in  the previous  session won  re-
    election by a landslide over his  opponent, who had run against him
    largely on  the grounds of  this bill.   Voters want  to see  ideas
    proposed  which will  accomplish both  a reduction  in crime  and a
    lowering of the drain on their state's limited financial resources.
    My proposals would do both.
        Even the more "liberal"  people who I have discussed  this book
    with  have been  supportive,  if  on  no  other  grounds  than  the
    knowledge that, under this  system, people would be more  likely to
    receive the  help they  need  in turning  their lives  around.   It
    appears that I  have come up with a plan  which could receive wide,
    bi-partisan, support.