Prison will increasingly be viewed as a last option in sentencing criminals after the Senate passed wide ranging amendments to Bermuda's Criminal Code yesterday.

The amendments - which put into practice Government's Alternatives to Incarceration strategy - allow for the establishment of a drug court, leniency in sentencing, shorter periods of incarceration prior to eligibility for parole, intermittent imprisonment periods and open up training and work opportunities to prisoners.

Government Senator Michael Scott referred to the amendments as "landmark legislation" when introducing the Act for debate in the Upper House.

The Criminal Code Amendment Act 2001 addresses "a number of social ills in our community", he said.

The changes are being made "in recognition of the high level of imprisonment among our citizenry and in particular the high number of young male blacks in prison", he added.

Increasingly courts will be expected to "be sensitive to alternatives" he said in the hopes of reducing recidivism. The focus will change from punishment to rehabilitation, he said, and the amendments "provide avenues to ensure the person becomes a more positive person who'll avoid prison in the future".

And amendments to criminal code will allow for some offender who are incarcerated to do their time in prison on an intermittent basis, such as on weekends as well as providing training programmes in prison and drug treatment options.

Although many offences will now be dealt with in a separate Drug Treatment Court, Senator Scott explained that strict criteria of eligibility will govern whether defendants can be tried in that court.

Among the eligibility criteria will be the nature of the offence, previous convictions, expression of remorse, reparations, the offender's background and religious growth, he said.

However, should an offender sentenced in the drug court fail to comply with terms of the sentence set there, they can be then dealt with through normal court procedures, Sen. Scott. But Opposition Senator Mark Pettingill - who is also a prominent defence lawyer - said that he thought far fewer people would be eligible for treatment in the drug court than was originally suggested.

Sen. Pettingill said the eligibility criteria are "very narrow" and would only seem to apply to a small percentage of people who have drug problems but no previous offences.

Sen. Pettingill said he always asks clients "what are you on" but most don't admit to a drug problem on a first offence and often should the individual re-offend, they have moved on to harder drugs.

"People have been saying it's going to a busy court, but I think it may be a very quiet court," he said.

Sen. Pettingill also discussed his concerns about a seeming contradiction in the legislation which would allow a Magistrate to send an offender to the drug court after he or she has already pleaded - or been convicted - guilty.

At this point, individuals would have already been convicted - and may have put the courts through the expense of a trial - when "the whole idea is for them not to have been convicted of the offence if they have a drug problem," he said.

Sen. Pettingill said he didn't think offenders should be allowed the "Shaggy defence" - "it wasn't me, it wasn't me" - and then, upon conviction, call out for the "soft option" of the drug court.

But he said, overall, the legislation was "well put together and can be well appreciated."