Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, February 15, 1994 TAG: 9402150171
SECTION: VIRGINIA PAGE: B3 EDITION: STATE
SOURCE: Associated Press
DATELINE: ROANOKE LENGTH: Medium
Jennifer West was convicted in 1992 of possession of two ounces of cocaine with intent to distribute. She served almost a year in prison.
Her 1992 lawsuit filed in U.S. District Court in Roanoke contends the program's admission policy violates the equal protection clause of the 14th Amendment.
Assistant Attorney General Pamela Sargent, who is defending the state Department of Corrections in the lawsuit, said the program does not violate the Constitution.
Sargent also notes in court documents that boot camp is a five-year pilot program that began in 1991.
But West's attorney, Deborah Wyatt, said the state has not offered a legitimate defense to a program.
"The only suggestion of a justification is defendants' bare assertion, without any supporting evidence, that the program is a `five-year pilot program,' " Wyatt said in court documents.
"Even if it's a pilot program for a week, think coeducational," she said.
Wyatt filed a motion for summary judgment against the state Feb. 4 and is scheduled to argue the motion before a federal magistrate Feb. 28.
Felons who qualify for the program spend 90 days in the military-style camp at the Southampton Intensive Treatment Center.
If they complete the program, they are released and placed on probation for at least a year. If there are no problems while on probation, their sentence is ended.
By contrast, West served 357 days in prison and will not complete the probationary phase of her sentence until 1999. She says boot camp would give women the same opportunity to pay their debt to society in a fraction of the time.
"I was struggling at the time of my sentencing to get my life together," West said, adding that she has been living drug-free for two years. "I think the boot camp is a way to facilitate that."
Virginia's first boot camp platoon began in April 1991. The current class, which graduates later this month, will be the 27th.
Tom Wilson, chief of the Department of Corrections' Adult Probation and Parole District in Charlottesville, thinks women could benefit from boot camp. Louisiana and New York have such programs for women.
Wilson said two main features of the boot camp program are counseling against drug abuse and developing self-esteem.
"I've been extremely impressed with the graduates after they come out of that," he said. "It's not the answer because not everybody is eligible, but it's a part of the pie."
Andrew Molloy, special programs manager in the Department of Corrections, said the state has tracked the 531 men to graduate from boot camp through November.
The recidivism rate - the tendency of criminals to commit another crime - stands at 16.4 percent for the boot camp grads. Molloy estimates that is about half the rate for felons released from prison.
While the early indication is that boot camp works, Molloy cautions against overestimating its impact.
"Because the program is new, these people haven't been on the street that long," he said. "It's hard to say if they'll stay out of trouble."
by CNB