Model Judicial Corporal Punishment Statute

Here is how to reduce incarceration and its costs in America. This legislative proposal was written for the State of Alabama, but it would work with a little modification in the other 49 states. Please contact the author for assistance in drafting legislation appropriate for other jurisdictions.
Model Corporal Punishment Statute for Alabama
New Article 11 (Corporal Punishment) to Title 13A of the Code of Alabama:
(a)(1) In full or partial satisfaction of a sentence of incarceration or detention, which full or partial satisfaction may not exceed three (3) years, a convicted criminal, prior to being placed in the custody of the Department of Corrections, with the written agreement of the prosecutor and written acceptance of that agreement by the trial court, may accept a sentence of corporal punishment under such terms, conditions and circumstances as are agreed upon by those parties. Acceptance of such punishment by a youthful offender or minor must be approved by the attorney for the youthful offender or minor. No convicted criminal with an unsatisfied restitution order shall be eligible for such punishment without the written consent of all victims to whom restitution is payable.
(a)(2) An inmate not convicted of a crime of violence in the custody of the Department of Corrections may satisfy no more than two (2) years of a sentence of incarceration, and only upon the written agreement of the prosecutor, the Board of Pardons and Paroles and the inmate, and the written acceptance of that agreement by the trial court. In the event of any such corporal punishment, the offender shall be returned to the county where the crime occurred (or to the county where convicted if the place of occurrence is undetermined) to receive such punishment. No convicted criminal with an unsatisfied restitution order shall be eligible for corporal punishment without the written consent of all victims to whom restitution is payable.
(b) The written agreement, endorsed by the trial court, shall be posted in the courthouse, or city hall in municipal court cases, immediately after the agreement is made. After acceptance of a specific sentence of corporal punishment, the sentence must be executed according to the terms and conditions agreed upon by the prosecutor and convicted criminal, provided such agreement was accepted by the sentencing court; except when for good cause the sentencing judge decides to end such punishment during the execution of same.
(c) Convicted criminals shall remain in the city, county or metro jail after a sentence of corporal punishment is imposed by the court and until the sentence is executed, but in no event shall the execution of punishment be delayed for more than three (3) days after the sentence is imposed. The sentencing judge shall witness, control and supervise all such corporal punishment, which must be executed in a public place to be selected by the sentencing judge, during daylight hours, and upon the posting of such public notice as the court deems appropriate. No convicted criminal or representative may revoke any agreement to this punishment during the execution of same.
(d) The execution of corporal punishment shall be open to the public and may be filmed, videotaped or recorded by any interested person. The sentencing court retains full power to impose restrictions and contempt penalties and otherwise assure the orderly execution of the sentence. The sheriff, or chief of police if convicted in a municipal court, under the direction of the court, shall provide the personnel and equipment necessary to execute the sentence, may accept volunteers to serve in the same manner, and if ordered by the sentencing judge or requested by the punished offender, must provide care for the punished offender's wounds and must allow the offender to remain in the city, county or metro jail to recover, with the assistance of the correctional authorities, for up to two (2) weeks if desired by the punished offender.
(e) Each convicted offender agreeing to a sentence of corporal punishment accepts any and all risks, scars, permanent injury and disfigurement associated with the same, including any pain associated with the treatment of wounds and any medical expenses after release of the punished prisoner. In addition to any legal immunities and defenses now enjoyed, all judges, judicial employees, prosecutors, defense attorneys, chiefs of police, law enforcement officers and employees, sheriffs, and their designees and volunteers shall be immune from suit for any and all actions taken in good faith in agreeing to, authorizing, assisting, providing equipment for or executing sentences as provided in this article.
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Amendment to Code of Alabama, Section 15-18-1(a):
Legal punishments; sentencing; liability of Department of Corrections for costs.
(a) The only legal punishments, besides removal from office and disqualification to hold office, are fines, hard labor for the county, imprisonment in the county jail, imprisonment in the penitentiary, which includes hard labor for the state, judicial corporal punishment and death. [Added: "judicial corporal punishment"]