NCJ Number
15823
Journal
Catholic University Law Review Volume: 22 Issue: 4 Dated: (SUMMER 1973) Pages: 774-806
Date Published
1973
Length
33 pages
Annotation
PROPOSAL THAT THE WIDESPREAD CORRECTIONAL ADMINISTRATIVE DISCRETION IN ALL AREAS PERMITTED BY STATUTORY VAGUENESS SHOULD BE CONTROLLED BY MAKING CORRECTIONAL AGENCIES SUBJECT TO PRESENT ADMINISTRATIVE PROCEDURE ACTS.
Abstract
THE RESULTS OF A SURVEY OF THE LEGISLATIVE SCHEMES CONTROLLING CORRECTIONAL DECISIONMAKING IN TWELVE STATES AND THE FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENTS ARE ANALYZED AND DISCUSSED. THE AUTHORS CONCLUDE THAT THE STATUTES GOVERNING CORRECTIONAL ENDEAVORS IN THE UNITED STATE ARE EXTREMELY VAGUE, THEREBY GIVING CORRECTIONAL ADMINISTRATORS A 'TABULA RASA' ON MANAGEMENT AND PROGRAM ISSUES. THEY ALSO CONTEND THAT CORRECTIONAL AGENCIES SHOULD BE, AND IN FACT ARE, SUBJECT TO ADMINISTRATIVE PROCEDURE ACTS NOW OPERATIVE IN MOST JURISDICTIONS. THIS HYPOTHESIS AND ITS IMPLICATIONS ARE EXPLORED WITH RESPECT TO THE UNITED STATES BUREAU OF PRISONS AND THE DISTRICT OF COLUMBIA DEPARTMENT OF CORRECTIONS. SEVERAL JUDICIAL DECISIONS RELATING TO THE COVERAGE OF THE ADMINISTRATIVE PROCEDURE ACTS OF THESE TWO GOVERNMENTS ARE CITED. IT IS SUGGESTED THAT IF THE FEDERAL AND DISTRICT OF COLUMBIA ADMINISTRATIVE PROCEDURE ACTS GOVERN THOSE JURISDICTIONS' CORRECTIONAL AGENCIES, THEN THE SAME MUST BY ANALOGY, BE TRUE OF SUCH ACTS IN THE INDIVIDUAL STATES. THE AUTHORS CALL FOR ACTION BY STATE LEGISLATURES TO SET FORTH WHETHER STANDARD ADMINISTRATIVE PROCEDURE ACTS DO, INDEED, APPLY TO THE VARIOUS CORRECTIONAL FUNCTIONS.