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 secure, isolation-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 two thousand 
    (2002) dollars, but this amount may be indexed to inflation; or, 
    adjusted to reflect actual expenses.  This cost shall cover:
    1) eligibility screening [not to exceed ?$1,000.00? 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 nine 
    by twelve feet;











                                  273                     SUPPLEMENT 3

    3) meals;
    4) services of a "corporal corrections" 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.