NCJ Number
104983
Journal
Texas Law Review Volume: 64 Issue: 6 Dated: (March 1986) Pages: 1165-1207
Date Published
1986
Length
43 pages
Annotation
This article examines the effectiveness of Federal court release orders in achieving compliance with constitutional standards in State and county correctional institutions.
Abstract
After a review of the constitutional standards under which Federal courts scrutinize conditions in correctional facilities, the article traces the history of Federal litigation that explicitly addresses whether Federal release orders are appropriate remedies for unconstitutional overcrowding in State and county correctional facilities. From an examination of population changes in correctional facilities, the court appearance and rearrest rates of released detainees, and changes in public opinion, funding, bail, parole, and sentencing following release, this study concludes that specially tailored Federal court release orders can be proper and effective means of remedying unconstitutionally overcrowded conditions in State and county correctional facilities. The study also explores objections to Federal release orders based on federalism and equal protection along with several alternatives to release orders. Among the alternatives examined are State early release programs, halting admissions, consent decrees and contempt proceedings, changes in funding allowing for construction of new facilities, and programs for serving sentences outside prisons. 268 footnotes.