percent were given split sentences, 24.5 percent received deferred judgments and
3.9 percent received fines only. Unfortunately, some of the options listed above
(e.g., deferred prosecution, night or weekend incarceration, NIO, 120JR and
dispute resolution) are not being recorded, or are being under-reported, so an
accurate assessment of the extent to which these alternatives are being used is
not currently possible.
Alcohol Abuse Programs. One significant addition to the preceding list was made
during the 1984 legislative session under HB1034. The law provides that eligible persons incarcerated for DUI are to be assigned to the Department of Mental
Health for substance abuse treatment. This program will substantially expand the
Alternatives to Incarceration for Drunk Drivers (AIDD) program that already
operates in Western State Hospital and is much like one proposed by the Florida
Overcrowding Task Force for that state.
Individual Punishment Plans. The aforementioned National Center on Institutions
and Alternatives (NCIA) directs a program for "the development of effective
alternatives to incarceration consistent with public safety." Under their
Client Specific Planning, NCIA has "worked directly with defense attorneys to
develop individualized, highly-structured, alternative to prison, sentencing
plans" which consider the client's resources and the community's needs. In
order to administer the non-violent intermediate offender and 120-day judicial
review programs in Oklahoma, the Department of Corrections has established a
similar procedure for case handling. For each qualifying inmate, a Specialized
Offender Accountability Plan (SOAP) is developed based on a thorough assessment
of the person's criminal history, family support, skills, social, psychological
and training needs. These plans, which may require restitution and fine payments, community service and treatment program participation, are submitted to
the court directly, rather than through a defense attorney. For the non-violent
youthful offender who had previously been given an indeterminate sentence, the
plan takes effect after fifteen days if not challenged. About 80 percent of the
plans have been accepted as proposed. On the other hand, the 120-day judicial
review offenders receive a specific sentence from the court before being incarcerated. Alternative plans have been deemed appropriate and developed by the
Department for about half of these cases. However, the courts have been reluctant to change sentences already decided and only about seven percent of those
plans have been accepted.
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