NCJ Number
59703
Date Published
1978
Length
8 pages
Annotation
THE PROBLEM OF CONFIDENTIALITY THAT OCCURS WHEN INMATES INTERACT WITH COUNSELORS AND THERAPISTS AND WHEN PAROLE BOARD CONSULT WITH THESE PERSONNEL TO EVALUATE AN INMATE'S REHABILITATIVE CAPACITY IS ADDRESSED.
Abstract
IN ISSUING AN OPINION REGARDING THE REHABILITATIVE CAPACITY OF INMATES OR THEIR READINESS FOR THE COMMUNITY, COUNSELORS AND THERAPISTS FREQUENTLY OVERLOOK DUE PROCESS CONSIDERATIONS THAT ASSURE THE BASIC PROTECTIONS OF INDIVIDUAL RIGHTS AND LIBERTIES. LITERATURE ON PRISON COUNSELING AND CONFIDENTIALITY PRESENTS DIVERGENT VIEWPOINTS, AND THERE ARE FEW STATUTES AND PRECEDENTS TO CONSULT FOR GUIDANCE. LAWS REGARDING CONFIDENTIALITY AND IMMUNITY FROM DISCLOSURE VARY FROM STATE TO STATE. LANGUAGE USED IN ETHICAL STANDARDS AND COURT DECISIONS IS OFTEN VAGUE AND AMBIGUOUS. BECAUSE CORRECTIONAL COUNSELORS ARE NOT ABLE TO GUARANTEE CONFIDENTIALITY, THEY MAY BE OBLIGATED TO REVEAL WHATEVER INFORMATION A PAROLE BOARD REQUESTS. LIKE PSYCHOTHERAPISTS, COUNSELORS ARE CAUGHT IN A BIND BETWEEN SERVING THEIR CLIENTS AND PROTECTING THE WELFARE OF CLIENTS ON THE ONE HAND AND SERVING CORRECTIONAL FACILITIES WHERE CONTROL AND SECURITY ARE PRIORITY CONCERNS ON THE OTHER. IT IS NECESSARY FOR COUNSELORS AND THERAPISTS TO DEVELOP A CRITICAL APPROACH TO ETHICAL DECISIONMAKING. THE CONFIDENTIALITY PROBLEM ENCOMPASSES THREE MAJOR ISSUES RELATED TO ETHICAL DECISIONMAKING: (1) ROLE CONFLICT OF THE CONFIDANT IN SERVING NEEDS OF INMATES AND CORRECTIONAL FACILITIES; (2) IMPORTANCE OF PRESERVING A TRUSTING RELATIONSHIP BETWEEN INMATES AND PROFESSIONALS; AND (3) PREDICTION OF DANGEROUS BEHAVIOR. (DEP)