Presumably the State violates the Constitution if it does not permit equal
access to, and credit for, a non-religious treatment program. But I wonder
whether there's not a more fundamental problem. It's hard to tell from this
article, but presumably the treatment programs are operated, at least in part,
by the State itself, inside the prisons. If so, then isn't it the case that
the prison may not offer the 12-step, explicitly religious programs in the
first instance? Does the earlier settlement address this issue?
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---BeginMessage---
From
www.al.com :
Lawsuit seeks alternatives to faith-based prison drug
treatment
8/24/2005, 4:56 p.m. CT
By BOB JOHNSON
The Associated
Press
MONTGOMERY, Ala. (AP)
Five Alabama prison inmates filed suit Wednesday claiming they are being
required to participate in drug treatment programs that are based on Christian
principles, violating a settlement of an earlier suit.
The lawsuit
was filed in federal court in Montgomery on behalf of
the inmates by the American Civil Liberties Union, which cited the settlement
reached five years ago. In that settlement, state prison officials agreed to
provide an alternative to faith-based 12-step treatment programs
and to inform inmates that alternative programs were available.
Some inmates
are required to participate in drug treatment programs in prison as part of
their court-ordered sentences, while the Department of Corrections requires
others to receive treatment to be considered for certain programs like
work-release.
The
government is allowing only one type of treatment program, a religion-based,
12-step program, said Kyla Groff Kelim, an attorney representing the
ACLU.
The
suit says the prison system requires inmates to participate in 12-step programs
like Alcoholics Anonymous and Narcotics Anonymous, which are based on religious
principles. One of the 12 steps says, We came to believe that a power
greater than ourselves could restore us to sanity, according to the
lawsuit.
Department
of Corrections spokesman Brian Corbett said the prison system did develop a
nonreligious drug treatment program. But he said the system was only required
to offer the secular drug treatment when it was requested by at least 25
prisoners.
We
have never had but a handful of inmates show an interest, Corbett said.
ACLU
attorneys disputed that the settlement required 25 prisoners to request the
program. But Kelim said the prison system has absolutely no idea how many
people would take it, because they don't tell anyone that there is a
program.
The
lawsuit asks the court to order the prison system to develop a secular drug
treatment program, to notify all inmates of the existence of the program and to
not punish inmates who refuse to take the religious-based 12-step program.
Joel L. Sogol
Attorney at Law
811 21st Avenue
Tuscaloosa, Alabama 35401
ph (205) 345-0966
fx (205) 345-0971
[EMAIL PROTECTED]
Ben Franklin observed that truth wins a
fair fight -- which is why we have evidence rules in U.S.
courts.
---End Message---
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