LEGISLATIVE DOCUMENT 1970
STATE OF NEW YORK
THE ONE HUNDRED AND TWENTY FIFTH
ANNUAL REPORT
OF
THE CORRECTIONAL ASSOCIATION
OF NEW YORK
135 EAST 15th STREET, NEW YORK
1969
ONE HUNDRED AND TWENTY-FIFTH ANNUAL
REPORT OF THE CORRECTIONAL ASSOCIATION
OF NEW YORK*
March 9, 1970
Hon, Malcolm Wilson
Lieutenant Governor and President of the Senate:
Hon. Perry B. Duryea, Jr., Speaker of the Assembly
Sirs —In accordance with Chapter 163 of the Laws of 1846,
wo have the honor to present the One Hundred and Twenty-Fifth
Annual Report of The Correctional Association of New York, and
to request that you will lay the same before the Legislature,
Respectfully,
THE CORRECTIONAL ASSOCIATION OF NEW YORK
By Melber Chambers, President
Donald H, Goll, General Secretary
* The name of the Associstion was changed from The Prison Association of
New York 10 The Cometonal Asceistion of New York on February 16,
1961 at a special meeting ofthe members.
PREFACI
‘This is an official report of The Correctional Association of New
York to the Legislature of the State of New York, which has been
‘made annually since 1845, and constitutes the one hundred and
‘wenty-fith of the series.
Paragraph 6 of Article XI of the act incorporating The Correctional
Association of New York provides that “the said exccutive committee”
ation) “by such committees as they shall
from time to time appoint, shall have power, and it shall be their
duly to visit, inspect and examine all the prisons of the State, and
anuqually report to the Legislature their state and condition and all
such other things in regard to them as may enable the Legislature to
perfect their government and discipline.
Letter of Transmittal
Preface
Officers and Members of the Executive Committee, 1970
Standing Committees for 1970,
‘A Glimmer of Hope
Recommendations to the 1970 Legislature
1. State Regulation of Morality
‘Bail Reform Release on Own Recognizance
Employment of Inmates in Correctional Institutions
‘The Alcoholic Offender
‘Abolition of New York City’s Marshals
Selection of Judges
Marijuana
‘Narcotic Addiction
‘The Correctional Association's General Activities
State
‘Legisition
“Assemblyman Stavisky
‘Abortion
‘New Yorkers for Abortion Law Repeal
Marijuana
Commission of Correction
Gun Control ‘i
Senate Committee on Penal Institutions
Governor's Special Commitee on Criminal Offenders
‘Monroe County Department of Mental Health
CLEAR
Conference of Judges
Use of Solitary Confinement in Juvenile Training Schools
Parole In-Service Training
Community Observers
Preventive Detention
New York City Department of Correction
Marijuana Conference
Ocexabill Brownsville Demonstration School District
6
E.R. Cass
New York Federation of Women's Clubs
New York State Welfare Conference
‘New York City Junior League
‘Warden Milton Roth Educttion Fond
Expert Witness — Supreme Court Trial
Personnel Policy
Professionals in the Administcation of Justice in City of New York
British Consulate
‘The Fortune Society
Advisory Council on Alcoholism to the Health Service
"Administration of New York City
Study on Recidivism
Direct Service
Family Visits to Correctional Tnsititions
Public Relations
1969 Annual Report
Assistance to Students
National
99th Congress of Correction
United States Senato Sub-Committee on Juvenile Delinquency
Junior Chambers of Commerce
First National Conference on Abortion Laws
Institute for Criminal Justice — State of New Jes
25th Anniversary Dinner ~~ National Couneil on Alcoholism
Book of the States
Congressman Edward Koch
‘The Institute on Man and Science
‘American Ditchley Foundation
‘Anglo-American Confereace on Drug Takiag in the
"Younger Generation
Addiction Research Unit, Institute of Peychiatry, Maudsley
Hospital, London
A Visit co the United Kingdom
World Mental Health Assembly
International Council on Alcobol and Addictions
United Nations — Human Rights Commission
United Nations Seminar on the Legal Aspects of Addiction
Social Defense Section acta panes
Fourth Quinguennial Congress on Crime and Delinquency
Unite Nations Quinguensn’ Congretr on the Prevention of Crime
find Treatment of Offend
‘The lntraional isons Aid Asosiaion
United Nations —NGO Status
[Anglo-American Conference on the Crmiaal Law and Paychiay
‘The World Counel of Churches
Recruitment of Corestional Personnel ia Japan
Foreign Visors
Magistrate
Supreme Court justice from South Alice
Canadian Visitor
‘Asstt Profesor, instte of Criminclogy, University of
Ottawa
Instore of Legal Medicine — Geneva
Governor of English Approved School
“The Correctional Assoeaton’s Diet Services
Employment and Kelle! Buread
Molt raining Program
amily Serie Bureat
“The Correctional Ansociation’s Legislative Activities
Constitution and By-Laws
THE CORRECTIONAL ASSOCIATION OF NEW YORK
OFFICERS AND MEMBERS
ofthe
EXECUTIVE COMMITTEE
1970
President and Chairman of the Executive Commitice
Menuer Cuasens
Treasurer Recording Secretary
Hanky W. Fowurn Dayw A. Sexuure, Jn
Associate Treasurer General Secretary
Wauase B, Mever Doxato H. Gore
Vive Presidents
‘Mas. Jutius Ocus ApLEn
Mrs. Lucia H. BaLLaNTixe
Hanotn K, Hocnscum
Class of 1971 Class of 1973
ALEXANDER Atonrert Donat Acnnw
(Mas. Sevens Baro Gronce F. Baker, Jn,
R. Baunatey Suirriens Hay L. Pierson
Hanow P. Witaerine
Class of 1972 Class of 1974
‘Mas. Auten W. Duties
Oopex Waite Mynow S, Isaacs
Epwvano R, Cass Groner G. Warxen
Lows MacDonate, M.D. Lours B. Warnen
Joun L. Hawnrss Wrunumus B, Brvax, IIL
ARCHIBALD 8, ALEXANDER,
S FOR 1970
COMMITTEE ON LAW
ISAACS, AGNEW, HAWKINS, PIERSON,
WARREN, MacKAY
COMMITTEE ON FINANCE
FOWLER, MEYER, WHITE, WILMERDING
MRS. BALLANTINE, MEYER, SMITHERS
COMMITTEE ON NOMINATIONS
HOCHSCHILD, MRS. BAIRD, MRS. ADLER,
MEYER, WILMERDING, MAULL, JR
COMMITTEE ON PROBATION AND PAROLE
MRS. ADLER, CASS, DR. MacDONALD, WILMERDING
COMMITTEE ON PRISON ADMINISTRATION
MRS. BALLANTINE, SCHULTE, HAWKINS
THE CORRECTIONAL ASSOCIATION'S
RECOMMENDATIONS
TO THE 1970 LEGISLATURE
STATE OF NEW YORK
“Phe tragedy of our day is the climate of fear in whick we live, and
Jear always breeds repression.
Apu
E, Srevensox before the American Legion, 1952.
A GLIMMER OF HOPE
“The tragedy of our day is the climate of fear in which we live,
and fear always breeds repression.”
‘These words spoken by Adlai E. Stevenson almost twenty years
ago apply equally 10 our present time, Fear is an almost all pervading
‘emotion in the country today. ‘The causes are numerous, probably the
most important being the extent and rapidity of change'in all aspects
of life. Crime — the overt, usually publicized, breaking of law — is
‘one of the few causes of fear that is tangible. Criminals can be recog-
sized as the perpetrators of their deeds and dealt with, an increasingly
rare ovcurrence in this day of the anonymous, faceless “they.”
Fear is generally unreasoning. Its overt manifestation is usually the
repression or destruction of that which breeds it. Nowhere can this
be better seen than in the whole area of “Crime in the Streets.” People
are afraid to walk the streets at night. They react by calling for more
police and Jonger sentences. They donot realize that police can only
apprehend those suspected of crime, They do nothing to change
‘behavior of the individuals arrested. Increasing police without increas
ing other branches of the criminal justice system — probation, the
courts, corrections — only results in a_ situation like the one with
Which New York City is presently faced. Detention facilities are danger-
ously overcrowded, running almost 200% of capacity. Probation
so understaffed and overworked that pre-sentence reports have almost
become a farce. One probation officer was attempting to supervise
125 active cases. The suggested maximum is 35. The courts are so
congested that even with the dispensing of “histy second justice” the
system threatens to stop entirely.
‘Once again court administrators are seriously suggesting suspending
all civil actions so as to assign all existing judges and supporting
personnel work on the criminal back log. And this in the jurisdiction
‘which has the highest instance of some of the most important civil
Thgation inthe entire country.
Common reaction to the problem of crime at a time when almost
everyone knows someone whose apartment has been burgled, whose
purse has been snatched, or who has been mugged, is one of harsher
Sentences, mandatorily imposed. Once again there’ is a ery for the
‘einstatement of capital punishment. This in spite of the fact that
capital puishment has not been known to deter murderers and that
longer sentences only postpone the time when the individual will be
returned to society. Without emphasis on treatment while an individval
is institutionalized, imprisonment becomes merely punishment and
Societal revenge and makes a mockery of all talk of rehabilitation
1s
16
Commissioner Paul D, McGinnis of the New York State Depart-
meat of Correction and Commissioner George McGrath of the New
York City Department of Correction, both capable and experienced
professionals, to the best of their ability have attempted to mect the
Problems squarely, but have been continuously thwarted and frustrated
by the general lack of concern and interest in their problems,
Bt even in the midst of this time of repression there are glimmers
fof hope, Both the President of the United States and his new Chict
Fustice of the Supreme Court have shown that they recognize the
‘extreme importance of the correctional process in true crime prevention,
The State of New York is balancing the public ery for repression with
the recommendations arising from the Temporary Commission of
Revision of the Penal Law and Criminal Code for criminal offenders
appointed by Governor Rockefeller in 1966.
"Fue Governor incorporated those suggestions in his 1970 State of
the State message calling for a coordinated department of correction
‘which would resolt from the merging of the present Department of
Correction and the Division of Parole. It is hoped that the activity
fend concern expfessed by the political leaders will translate itself to
the people which will engender the support necessary to permit New
York City and New York State Depariments of Correction to assume
the leadership role that they once played in the United States
RECOMMENDATIONS TO THE 1970 LEGISLATURE
RECOMMENDATION NO. I
STATE REGULATION OF MORALITY
“Private sin is different from public erime, and only the latter lies
jn the province of man-made law.” In accord with this quote from
‘Acquinas, the Conectional Association of New York feels that the
fact that certain conduct is considered immoral is not sufficient cause
to justify making this conduct punishable by the criminal Iaw. We
believe that sin should not be equated with crime and that there should
be a marked distinction made between moral law and statute law.
‘The Association believes that the province of the penal law includes
matters of public order, public safety and public health. We deem it
inappropriate for the government to attempt to conteol behavior that
hhas no substantial significance except as 10 the morality of the actor.
‘Sach matters are best left to religious, educational and other influences,
For these reasons, the Association calls for revision of those laws of
the penal law which base their authority on the immorality of the acts
committed and aot on matters of public order, public safety and public
health,
A, ABORTION
That the present highly restrictive abortion law be abolished so
Yat the question of termination of pregnancy is removed from the
control of the state and left to the personal conscience of the woman
involved under the guidance of the medieal profession.
COMMENT: The right of « mature person of sound mind to
fave personal consol over his body is fundamental ‘The present abort
law in existence in New York Sate fein dct contention of tat
dg. would pear thst lrge number of women cain this spit
individually and entelgaly by their penal actions nosing
egal sborions, ‘The preset ace abortion laws otwisanding,
one milion sbotions ate perfoied in the Uned Sites year, the
great majority of which are Heel
able suppor or removal of the bans on abortion i widespread,
cating acon social, economl, racial and religous bounderes, Varios
reputable pols taken locally and thoughout the county have coatine
tly reported thatthe majority of people poled —e they middesass
women, Roman Catholics, or doctors — favor changing the present
law. At the end of 1969, two courts at cpposie googie ends of
the cootty declared the'sborton lpia in efct in ther atest
Uoconatiiona, ‘She Caliomia Supieme ‘Court rung. erick down
theo law in tat Sat which permited abortions only forthe reser.
vation ofthe ie or health of te mer, Calan pated Shy
tore Hocrl law two years go which was nok alfleied by this rain
‘The Federal Court forthe Distt of Columbia eld to be meant.
ena the same yp of law as was eld nconstnona by the Calfomia
Supreme Cour, thereby making the Capitol the fist fuscia
the United Sates with a0 Tegal control on abortions, Both decisions
se aso on te ages fhe ev. Ind, many egal expe
eve that itis imposible to. wre an abortion la spose
to be constitutional. " EE es Se
Many doctors state thatthe existence of abortion Jaws prevents a
dccor from making a medial judginent based on his own technical
tnowledge. The eel tangle presen existing over abortion can best
bevexemplied by the paradowcal sation in which doctors ih one
State wee bough up on cima charges fr having commited abortions
ca women who had contacted German measles during te st imeser
tad a jary in another state which awarded damages apsinst a hepa
tor esig fo petfonn an abortion in ie vamne cacumwnics Gn 8
‘woman who. subsoquenty gave bith to a physically and metaly
Aefectve eh. This ambiguous legal postr i forcing the doctor to
tthe tndsiable subterge, legal ston or extemely conservative
Selvin agian is tst med fopmest fom ear of Walang he
1B
‘To abolish the abortion law im this State would simply allow
individuals to follow the dictates of their own particular religious beliefs
and personal consciences. It would not force any individual to have an
abortion or any member of the medical profession to perform one.
‘The matter would be, as it should be, resolved by the women involved
uided by the advice of their chosen physicians,
B. PROSTITUTION
That the Legislature consider prostitution solely as a matter of public
safety and public health and that a marked distinction be made
between the religious and theological approaches to prostitution and
the intervention of the sate through the penal law (in questions of
morality) 20 that the act of prostitution between competent, consenting
‘adults be no longer criminal; that the state limit its concern only 10
the problem of open public solicitation when it constitutes @ public
‘annoyance and the accompanying offenses of recruitment for prostitw-
tion and exploitation oj a prostitute.
COMMENT: In its statement of legislative principles in 1968,
the Now York Stato Council of Churches stated:
“In matters of private morality, the state rightfully seeks
to give protection of the law to the young, the ianocent, the
lunwiling and the incompetent. However, while adultery,
fomication ... among competent and consenting adults vio-
Jate the Judaco-Christien standards of moral conduct, we
think the penal law is not the instrument for the control
of such practices, when privately engaged in, when only
adults are involved, and when there is no coorcien, We favor
repeal of those statutes which make such practices among,
‘competent and consenting adults criminal acts.”
‘The Correctional Association of New York questions the tight of
the state to intervene in matters of morality when an impairment of
public order, public safety or public health is not involved. The Asso
Ciation believes that such questions of private morality should be
by religious institutions and the individual citizen devoid of
governmental regulations, We therefore believe that prostitution, per
se, should not be proscribed by the Penal Law.
‘On September 1, 1969, the maximum sentence for prostitution was
raised from 15 days to three months. Six weeks latter, one of this
City’s newspapers which had been most vocal in pointing out the
‘need for such an increased penalty ran a feature article stating: “The
impact of a stiffer penalty for prostitution ... has failed so far to put
any appreciable dent in the City’s stretwalker population...”
19
ing a
hould
©. HOMOSEXUALITY
That the present law making sodo ren 60
naan i Present aw making sodomy between competent, consenting
COMMENT: ‘The American Law Institute,
15 years ago unged reform of the criminal [aw
Sex practices performed in
port stated in part
sin a report issued nearly
‘o eliminate punishment
private between consenting adults. This
Sd religous responsity inthis area tected
ea felted inthe peal
coves of such predominately Catholic coun as frei
20
Italy, Mexico and Uruguay, none of which attempt to punish
‘private misbehavior ofthis sort. The penal codes of Denmark,
Sweden and Switzerland also stay out of this area
“As in the case of ict heterosexual relations, the existing.
Jaw is substantially unenforced and there is no prospect of real
enforcement except in cases of violence, corruption of minors,
and public solicitation. Statutes that go beyond that permit
capricious selection of a very few cases for prosecution and
serve primarily the interest of blackmailers. Existence of the
criminal threat probably deters some people from seeking psy-
chiatric or other assistance for their emotional problems; cer-
tainly conviction and imprisonment are not conducive to cures,
Farther, there is a fundamental question of the protection to
Which every individual is entited against state interference in
his pecsonal afars and when he is not hurting others. Funds
for personnel in police work are limited and it would appear
to be poor policy to use them to any extent in this area when
large areas of atrocious crimes remain unsolved, Even the
necessary utilization of police in cases involving minors or
public solicitation raise the special problems of police morale,
because of the entrapment practices that enforcement seems
10 require and the temptation to bribery and extortion.”
Tn the instance of homosexual behavior as well as heterosexual acts,
should such activites be accomplished with violence, constraint or fraud,
punishment according to the (ype of violence, constraint or fraud com-
‘mitted should be meted out without the sextal clement being considered
a relevant or aggravating circumstance. The province of the law is to
preserve public order and to provide protection against exploitation and
Corruption of others, especially those who cannot protect themselves.
Otherwise, all acts committed between competent consenting adults in
private fall outside the ambit of the penal law.
D, PORNOGRAPHY
That there be no legislation controlling the ereation and dissemination
of written, visual, or auditory pornography to adults who solicit such
material. That logislation be enacted to protect individuals from un
solicited pornography in a public place or through the medium of the
mails.
COMMENT: The Correctional Association believes that the ri
of the individual to be free from government control 80 long as he is
not harming himself or others includes that which he voluntarily desires
to sce, rad or hear in a private Rome or such other places as are closed
a1
iat Meee
fone
i spre
the disruption of public order, and maintain Public safety ‘od ats
re Ri gn Py an eke
fs one se oe oS Rech Bt oped
sscea calm) Oa malo
Thad Wal B, Pony te conn
ei mi ts eg
‘Report and a leading researcher for the Kinsey Institute, has stated thet
bee dct ee fe fet
Pe Sy Neh os fia ss
offered that sex offenders are less often aroused by pornos y me
‘est of the male population. Do poreag tia
Trani ter fo Dear, wh cored tt on
Pomography in two steps in 1967 and 1969, show the possible begin-
Se et oo
pideinereee aa
i inl mpeg ome
wee pu anal ts te pmopaiy ti
Acc or et ey pale tah The Corea
nets Sart Seiten eee
alee
oe
grees iii
The right to express oneself freely (explicit in the Con-
stitution) may collide with other rights, among them (probably
‘implicit in the Constitution) a general right to be let alone.
2
“Flere the concept of privacy and the concept of public
decency mix, Words on a billboard are not the same as words
jin a book... Hanging a painting or photograph in a store
window is not the samo as hanging it im a gallery ..
“Privacy is an element in the concept of public devency.
‘There is nothing of paradox in this. When a public display
offends, the sight to be let alone is breached. An offcusive
letior sent to an unwilling recipient is not a public expression;
neither is the obscene telephone call
“But there is no inconsistency, and no hypocrisy, im the
proposition that certain things which freely occur in’ private
should not occur in public.”
‘The statute suggested would be similar to that presently in foree in
Denmark. The Government of that country abolished the controlling
Jaws on pornography in July of 1969 with the exception of one whi
protects individuals from any form of offensive public display which
‘offends community standards. The police department is authorized to
‘act upon complaint to require the removal of any such public display.
Sach a law would not deay to any individual the right to see that which
hhe wants to see. It would protect every individual from seeing that which
hae does not want to see.
RECOMMENDATION NO. IL GUN CONTROL
That legislation be enacted to require individuals to obtain a permit
to possess or purchase a rifle or a shotgun in the state; that all firearms
Derregistered in a central state registry; that ammunition be sold only
10 individuals with licenses for appropriate weapons: and that posse
sion by private citizens of weapons firing a missile large than 12 mm.
be prohibited.
COMMENT: low many more people have to get assassinated in
this country?” Since that question was asked on the floor of the Senate
in the midst of a heated debate on gun control after the assassination of
President Kennedy, there have indeed been other major assassinations in
the United States — those of Martin Luther King, Js. and Robert
F, Kennedy, There has not been truly significant gun control legislation.
‘The Correctional Association of New York urges the State to enact
‘gun control law similar to the one enacted in New York City and in
the State of New Jersey. It is somewhat difficult to understand why
New York State, with its strict Sullivan Law regulation on hand guns,
does not have another equally strict statute on long guns which would
bring all firearms under the control of the State.
Popular support has been demonstrated for firearms legislation time
‘and time again. All the polls, local and national, show figures ranging
23
trom 6566 t9 80% ofthe pubic favoring varying levels of gun contol
Jn the last few years several major real Roppiey of hea nae
Yoluntrly dscontinsed or curled thee sale of gums en ne
Ssastaion of Marin Lathot King, Seats Reciuck We wad fg
tear of uns, and Montgomery Ward soppd tit mal ce ok
a New York Cty, Macy's, Gibet, and Avraham sod Sige os
stores which had discontinued all sales of guns and ammunition ‘more,
than a year before the assassination of Matti Luther King loner
sa ey eps uae readers to we te ese
‘he Corectonal Associaton proposes that
fslons, minors, individuals with a history of drug addiction or mental
ies oot ay aman, tt cm
tithe ans Sy ps en
whe tl ae emi pte
sat (ge Font Poca of fra « poe
erence nt att aegis
és
seu
La
a
regardless of legal controls imposed, sould aa illegay”
Site, however, the great majority af homicds raul Trem emotes)
weak gun control cities of Dallas, Texas, and Phoenix, Arizona, 77
24
with firearms. When one compares the overall murder rate, the results
dre even more striking. In four states with weak gun control laws —
Nevada, Louisiana, Mississippi and Texas — the overall murder
rate per. 100,000 ranges from 9.1 to 10.8, In the four highly urban
States of New York, New Jersey, Pennsylvania and Massachusetts, all
ff which have stringent hand gun controls, the murder rate per 100,000
ranges from 2.8 to 5.4, approximately ‘one third that of the weak
pun law states. The same comparison also holds true for assaults and
armed robberies.
"We would propose the following points be considered essential for an
effective gun control law in the State:
1. Licensing of dealers of all firearms.
2, Requiring permits for the possession of rifles and shotguns,
excluding certain individuals such as convicted felons, minors,
individeals with history of drug addition, or confinement in mental
institutions, exeept where they can prove possession of a firearm
‘would not be dangerous.
3. A central State registry of all firearms.
4. Sale of ammunition only to those individuals with a permit for
the appropriate weapon.
5. Outlawing all destructive devices such as mortars and anti-tank
guns,
RECOMMENDATION NO. HIT
COMMISSION OF CORRECTION
Gorreetion Las
COMMENT: Article XVII, Section 5_of the New York State
Constitution provides there be a State Commission of Correction whiclt
shall visit and inspect oF cause to be visited and inspected by members
Of its staff all institutions used for the detention of sane adults charged
with or convicted of a crime.
‘Until 1895 there was mo provision for 2 State agency responsible
{or the visitation and inspection of the various types of prison facilites.
‘Enabling leyisation (Chapter 1026, Laws of 1895) disected the Gov-
txnor with advice and consent of the Senate to appoint eight persons,
fone residing in cach judicial district of the State, for a term of eight
‘years, o be known as “The Commissioners of Prisons” whose purpose
Hewas to inspect and visit institutions in which individuals were being
25
eiained by virtue of criminal process to prevent cruel and degrading
practices and to assure that the physical surroundings in which indivi
tunls were held were not detrimental to the health of the individuals
being detained.
The present Correction Law of the State, Article HII, Section 46,
lists specific functions of the Commission among others ast
“Aid in securing humane and economic administration and
sanitary conditions of the institutions subject to inspection.
Investigate their management and conduet of their oflicials.
Improve of reject plans for renovation or construction
‘Close any county penitentiary, county jal, county lockup,
city jail or police station jail, town, county or village lockup,
court detention penitentiary’ or hospital prison ward. which
Js unsafe, unsanitary, or inadequate to provide for the separa-
tion in classification of prisoners as required by law or which
hhas not adhered to or complied with the rules and regulations
‘promulgated by the Commission.”
‘The scope of the Commission's activites includes the inspection and
visitation of the New York State Department of Correction facilities
except the Reception Center and the two hospitals for the criminally
insane. This is in addition to the institutions under the New York City
Department of Correction, the New York City Police Department,
precinct stations, the eivi jail of New York City, the county penitenti-
aries, the county jails, the city jails, town, village and county lockups,
court detention pens and hospital prison wards.
In its regular inspections, zhe Commission includes the buildings and
equipment, personnel, records, administration, safe custody, food, medi-
cal service, classification as required by law, employment, cleanliness
and sanitation, It endeavors to assist the officials in charge with their
problems, to make helpful suggestions, to investigate complaints, 10
‘cause unhealthful and unsanitary conditions to be remedied promptly.
Te becomes at once obvious that if an inspection service is to operate
ficiently within the framework of statutory requirements, the service
‘must approach the situation with a thoroughly derached point of view.
‘This requires that the ageney be in no way connected with the facilities
Subject to inspection cither through the institutions themselves or the
Officials of the political sub-divisions of the State which operate and
maintain them. ‘The manner in which the Commission was intially
proposed and established and the experience during the years of its
existence points up the nevessity for separating the functions of super
vision and management from those of visitation and inspection.
‘While the Correctional Association has a great deal of faith in the
ability, conscientiousness, and integrity of the present Commissioner
‘of Correction of the Stato Department of Correction, Commissioner
26
Paul D, McGinnis, it fools that the principle of autonomy of an inspee-
tion service is of major importance and that that section of the Corres
tion Law presently placing the operation of the Commission of Cor-
rection under the direction and control of the Commissioner of the
State Department of Correction should be repealed. The Correctional
‘Association does not believe that the direction and control of any auton-
‘omous body should be placed in the hands of the official who is re-
sponsible for the administration of the institutions and facilities. which
the autonomous body is charged by statute to visit, inspect and
investigate,
RECOMMENDATION NO. IV
STATE CONTROL OVER SENTENCED PRISONERS
That the Legislature enact that aspect of the Preliminary Report of
the Governor's Special Committee on Criminal Offenders which would
place all sentenced individuals, regardless of the length of sentence,
under the control of the State Department of Correction.
COMMENT: For a mumber of years, The Costectional Associa
tion of New York has been urging that all sentenced prisoners be
placed under the control of the State Department of Correction. This
‘would mean that individuals presently serving sentences in local county
jalls or penitentiares would be placed in State Correctional institutions
Where they can get the training and treatment they so sorely
‘The present distinction which sends those individuals sentenced to
less than one year to the county and those for greater than one year
to the State is an arbitrary one without meaning, In 1969, it is an
‘anachronism, The Preliminary Report of the Special Committee on
the Criminal Offender and the State's Investigation Commission Re-
port of 1966 both clearly point out the urgent need for State control
of all sentenced prisoners if there is to be any inroad in reducing the
‘rime problem in New York Stato. It is extremely discouraging 0 se=
Individuals serving short sentences held in enforced idleness in county
jails upstate devoid of any personal counselling, vocational training ot
remedial educational programs. Likewise, it is extremely discouraging
and frightening to see throe men awating disposition in New York City
jammed into a cell constructed for one because the urgently needed
spaco is being used by prisoners sentenced to the City.
‘Were the State to take over all sentenced prisoners, two problems
‘would be ameliorated simultancously, The fist, that of providing con-
structive rehabilitation programs for the men who simply wait out
their time for reli in upstate jails. The second result would be a reduc
tion in the population in tho New York City Department of Corres-
tion which almost daily is breaking previously record highs. Beds are
27
available in institutions of the State Department of Correction. They
are not available in institutions of New York Ciity
‘The Correctional Association of New York joins with the State
Investigation Commitise and the Governor's Special Committee on
Criminal Offenders in urging that steps be taken immediately to bring
about this change from local to state jurisdiction of all sentenced
prisoners in New York Site
RECOMMENDATION NO. V
BAIL REFORM RELEASE ON OWN RECOGNIZANCE
That the Legislature provide funds to permit the staffing of special
nits in each county to review and recommend to the court those
dividuals who should be released prior to trial on their own reoog:
nizance without monetary bail,
COMMENT: ‘The Constitutional basis for permitting the posting
of bail for an individual arrested for a crime but not yet convicted is,
to assure his return for trial. The assumption has been that with the
posting of a surety, individuals fearful of fosing this. surety will be
available and will not abscond. This system of posting monetary bail
has acted to the detriment of those in the lower socio-economic levels
and to the advantage of more serious offenders in organized crime
(generally in the upper socio-economic level). In realty it docs not
permit equality of justice under the law and does not accomplish its
intended purpose. Indigent individuals who have not yet been con-
vioted and may be innocent of the crime for which they are charged
forced to remain in detention for weeks and months pending their
ay in court because they cannot meet the required bail, while at the
same time more affiuent offenders are free to live normal Bves in the
community
‘The enlightened research project on the administration of the bail
system in New York City begun in 1961 by the Vera Institute in com
‘operation with the New York University School of Law has resulted
in revolutionary changes in the bail procedure in New York City and
in upwards of a hundred other jurisdictions throughout the United
States. The "Manhattan Bail Project” revealed thal “a defendant is
Severely handicapped in preparing his defense, He is unable to point
‘to employment and good conduct while on bail as grounds for pro-
bation; if found not guilty he bas needlessly suffered the degradation
of jail nd his family has been punished as well. There are good grounds
for suspecting that the outcome of his case, as to both judgement and
Sentence, is materially influenced as to whether he is in jal or on bail.”
Further, and of equal importance, is that studies have indicated that
there is grester likelihood that those individuals released on their own
28
recognizance after an investigation of their roots in the community are
‘more likely to appeer for trial than individuals released solely upon
monetary surety
‘The economic benefits both to defendants and the community at
large are such that ROR should be State subsidized,
RECOMMENDATION VI EMPLOYMENT OF
INMATES IN CORRECTIONAL INSTITUTIONS
That the Legislature take action to meet the need for increased,
‘meaningjul productive employment of inmates who are presently being.
maintained in correctional institutions at the expense of the taxpayer
COMMENT: A serious problem facing correctional administra-
tions and one with far reaching effects upon the public welfare situation
in local communities is the meaningful employment of inmate bodies
in correctional institutions. Failure 10 provide sufficient productive em
ployment for inmates not only produces monotony and idleness which
Create discontent and is a breeding ground of trouble in prisons but
also has stullifying effect upon the individuals involved. When in-
‘mates are held in enforced idleness, engaged in grossly overmanned job
assignments or given “made work,” a public welfare problem is pro-
jected onto the local community upon their release, At the same time
Prisoners who do not cam at ieast the cost of their maintenance are
fan added burden to the taxpayer. The failure to instill proper work
habits in incarccrated persons because of lack of employment possibil-
ities within correctional institutions is bad basic training for the indi-
‘vidual and tends to create an unemployable problem later on.
‘To deal with this vacuum and to bring modem training programs into
‘correctional institutions of the State, we would propose that considera
tion be given to the creation of a correctional industries advisory council
‘comprised of representatives from labor and industry to advise on means
‘of expanding the industrial programs wherever possible and to provide
‘work and training for inmates in keeping with the State's Constitution
Article III, Section 24. The well demonstrated Federal Prison Industries
‘Board and those of other states have clearly shown the value of such
council. This we feel will be a step toward ameliorating any depen-
dency problem which developed as a result of demoralizing idleness
because equipped work outlets are not provided in institutions,
We further believe that through such a correctional industries ad-
visory council, industry would be encouraged to introduce vocational
training programs with up-to-date equipment and machinery into cor-
rectional institutions to better equip inmates for productive, meaningful
work upon their release.
29
RECOMMENDATION NO. VIL
THE ALCOHOLIC OFFENDER
That the Legislature enact legislation to handle the chronic alcoholic
under medical and social service auspices instead of the present practice
fof sentencing such individuals to short jail terms in accordance with
the proposals submitted by the Interdepartmental Health and Hospital
Council in 1967.
COMMENT: tis estimated that throughout the United States 50%
of the individuals in local county correctional institutions are alcoholics
committed on public intoxication charges. The Stato of New York is
no exception. A safe estimate is that 90% of all individuals committed
to local county correctional institutions on public intoxication charges
are ill with alcoholism,
‘We have already seen two United States Courts of Appeal declare
‘unconstitutional the conviction and sentencing of these individuals to
sectional institutions although these rulings do not apply to New
York, It is expected that in the near future a new case will be presented to
the United States Supreme Court contesting the constitutionality of erim-
inaly prosecuting an individual for displaying a symptom of his illness.
Should the United States Supreme Court concur with the two Courts
of Appeal decisions, New York State will no longer be able to sentence
alcoholics to jail for being publicly intoxicated. The enactment of a civil
commitment law, together With the development of appropriate facilities
to deal with the esthetic and treatment problems involved with what at
the present time constitute almost half of the jail population of the
State of New York, is urgently needed to cope with this medical-welfare
problem. It would be unfortunate for the State if it should find itself
without legal means and facilities to handle those who in the past have
been “serving life sentences om the instalment plan” in county jails and
penitentiaries of the State.
RECOMMENDATION NO. VIL
ABOLITION OF NEW YORK CITY'S MARSHALS
That the office of marshal in the civil court of the City of New York
be abolished and its function be turned over to the sherif
COMMENT: The office of marshal is an anachronism in the mod-
em court system, Empowered to serve papers in cortain civil cases
attachment of property, salary gamishees, and landiord-tenant disputes
— matshals receive no net salary, depending instead on the five percent
commission they receive on judgements collected. A study made by the
New York City Office of Investigation showed that in one year eleven
marshals had gross annual incomes from their marshal's fees alone of
30
ore than $70,000, One individual was found to have grossed $167,000
in a single year.
‘Marshals are required as agents of the court to accept any and all
processes. In practice the individuals with bulk business get preferential
‘ueatment while the small claims judgement of the average citizen gets
jgnored. There have been myriad complaints of excessive interest
charged, illegal charges, and dispossess and eviction notices charged for
Dbut never delivered. One 84 year old marshal claims to have executed
2,000 papers during the first six months of one year, a claim which
averages out to 15 services a day!
In what has been called a “puddle of political patronage,” one
marshal, appointed for his second six year term, has never served 8
paper of any kind. His district leader has asked him to “hold the bag”
keep the office in that particular club house to prevent it from passing
‘on to anothe
The Sherif of the City of New York is the head of a stat of civil
service deputies who perform identical services for the sume court for
the same fees (but payable to the City). He estimated that he could take
over the marshals business at a profit to the City of $750,000 a year.
Since 1961, some of the leading citizens groups of New York have
urged the abolition of the office of marshals. Led by the Citizens Union,
the Administrative Board of the Judicial Conference, the Legal Aid
Society, the Association of the Bar of the City of New York, the Com-
mittee for Modern Courts, as well as Mayor Lindsay, have all backed
legislation for this end. The office of marshal must be abolished leaving
the sheriff with his civil service salary deputies to take over the function
to the profit to the City and the benefit of the entire system,
RECOMMENDATION NO. IX SELECTION OF JUDGES
That the present procedure of electing judges be abolished and an
appointive process as is presently being used by other states and the
Federal government instituted 10 insure the highest level of civil and
criminal justice in the State
COMMENT: The 1968 Legislature passed a law creating 125 new
judgeships for New York State, Of the 85 positions apportioned to
New York City, 31 were filled by appointments made by the Mayor
‘rom recommendations by a non-partisan committee. The other 54 were
to be elected from the slate decided on by the political parties, Owing to
‘extreme public pressure, the parties decided to choose only from a list
‘of recommendations made by a non-partisan committee headed by
Bernard Botein, then Presiding Justice of the Appellate Division of the
First Department. Since this arrangement was purely voluntary, how=
31
ever, the partes were not bound to accept the recommendations of this
committes, as in reality they did not.
‘The committee finally disbanded, not wanting to give an appearance
of legitimacy to the parceling out of Supreme Coutt judgeships of
anaual salary of $37,000 as rewards for faithful party service and con-
tributions to party coffers.
‘The people of the State of New York arc entitled to judges of the
highest calibre. ‘The present system whereby a few individual party
leaders decide what names will appear on the ballots completely negates
any question of individual merit and ability, substituting for it only paz-
tisan political considerations. An editorial in the New York Times stated:
“.. the time has come to give a new objective to do
away with the election of judges. Popular voting has proved
a last November to be a very poor way to pick judges —
except as a means to distribute political plums. All judges
should be taken out of the election process and substituted
instead a system of properly safe guatded executive appoint
ment. We urge that proper steps be taken immediately to
prepare for submission to the voters a new aril forthe Con-
stitution which would establish such an appointive judicial
selection process."
RECOMMENDATION NO. X MARIJUANA
That the Legislature reduce the excessively high penalties for mari-
Juana possession and sale,
COMMENT: The present penalties for the possession and the sale
‘of marijuana are exceptionally harsh, Under the existing law, a 19-year
‘old college student who sells one marijuana cigarette 10 20-year old
roommate can be sentenced to a 25 year prison term. The prosent laws
‘make no distinction between heroin and marijuana, maintaining sim-
ilary severe penalties for simple possession for personal use of both.
This we believe to be markedly wrong.
Without taking a position at this time as to whether there should be
‘any criminal penalties at al for the possession of marijuana for personal
use, the Correctional Association of New York strongly favors the re-
duction in penalties as proposed in the pending Federal legislation and
supported by the Director of the Federal Burcau of Narcotics and
Dangerous Drugs and the Assistant Secretary of the Department of
Health, Education and Welfare foe Medical and Scientific Affairs. We
lurge the enactment of legislation to bring about a reduction in these
Penalties as promptly as possible.
32
RECOMMENDATION NO. XI NARCOTIC ADDICTION
A. That the Legislature in its efforts to bring narcotic addiction in
the State under control pay particular attention to the younger addicts
under 16 years of ase, that it provide the separate means for their
treatment and establish programs to provent youngsters jrom becoming
addicted to narcotic drags.
COMMENT: When a 13-year old dies from an overdose of heroin
after having beem addicicd for a number of years, it is time that the
Legislature squarely confront the problem of juvenile drug addiction in
the State, In its efforts to bring drug addiction among adults under
control, many millions of dollars have been appropriated, But for the
youth dnder the age of 16 no serious effort has been made to provide
for treatment, The New York State Narcotic Addiction Control Com-
‘mission has rightully, following social welfare philosophy, turned over
to the Department of Social Wellare those youngsters brought to its
attention because of addiction but to no avail,
The report by the Citizens Committee for Children of New York in
December, 1969, clearly points up the inability of thar agency to cope
with the Specialized problems involved with youngsters addicted to
sarcotic drugs.
We would propose that the New York State Narcotic Addiction
Controt Commission be charged specifically, by legislation, with the
responsibility of developing programs and facilities, under its own
with the evergrowing problem of narcotic addiction
B. That the Legislature in ite efforts to bring narcotic addiction in
the State under control consider the Methadone Maintenance Program
Jor adults as only one of a variety of treatment techniques and continue
to regard it as in the research stage,
COMMENT: Much publicity has been given to the success of the
rogram utilizing methadone maintenance for drug addicts. Some in-
dividuals are suggesting legislation to mandate that methadone main-
tenance be markedly expanded. Others are proposing that it even be
transformed into a general public health policy. While the evidence
5s clear that for some individuals, methadone has been highly beneficial,
The Correctional Association of New York believes that the program
‘must not be seen as a panacea and must continue to be regarded as in
the research stage.
‘Since those individuals who have been successful in The Methadone
Maintenanco Program are in general older than their street peers, care-
fully selected volunteers, are Well motivated, and receive a panoply of
rehabilitative and supportive measures, before any conclusive jadgment
can be made, we must know its effect on a random selection of young
33
addicts including those who are not motivated. Studies must also be
directed toward the effects of giving methadone alone without any other
‘chabilitation and providing all the intensive rehabilitative aids within
the methadone maintenance program without using the methadone drug
‘Before considering any legislation on methadone, the Correctional
Association urges study of the report on the methadone program by
The New York State Council on Drug Addiction, This report attempts
to place The Methadone Maintenance Program in perspective
THE CORRECTIONAL ASSOCIATION'S
GENERAL ACTIVITIES
STATE
NATIONAL,
INTERNATIONAL
STATE
LEGISLATION
ASSEMBLYMAN STAVISKY
Following the news release on the Association's Recommendations
to the 1969 Legislature, we received many telephone calls and letiers
from organizations and ‘private citizens commending us on our forth-
right stand and requesting copies of the full report. Assemblyman
Leonard Stavisky of Queens asked us to provide him with a list of
bills we would like him to introduce and those on which we would like
his support, The General Secretary met on a number of occasions with
the legislative assistant of the Assemblyman, reviewing our recommen
dations and discussing the ones which might be introduced by Mr.
Stavisky. Bills on the Commission of Coerection, gun contzo, the alco-
holic offender, and marijuana study were introduced by the Assembly-
‘man for us,
ABORTION
Among those who contacted the Association as a result of its Rec-
‘ommendations was the Committee on Medicine and Law of the
Association of the Bar of the City of New York which was considering
its position on abortion law reform.
‘The General Secretary talked with the secretary of the Committee
‘and regretted that we could not be personally present when the Com-
mittee met as we had been invited, but assured her that we would
available to cach member of the Committee a copy of the
‘Association's complete position.
Immediately aftr this Committee met, the secretary of the Committee
advised us that they had officially espoused a position on abortion which
‘was in complete agreement with oar own position, and that our material
had major impact in having The Association of the Bar urge the re-
‘moval of criminal sanctions from all abortions performed during the
first six months of a pregnane
‘Adding the Committee on Medicine and Law of The Association of
the Bar of New York City to the growing list of organizations calling
for abortion law repeal is a major step forward and one for which The
Correctional Association of New York can be justifably proud, in that
‘ur philosophic discourse, “The State Regulating Morality,” was a
‘major factor in the action taken by this committee.
NEW YORKERS FOR ABORTION LAW REPEAL
During the last legislative session, the Association worked with and
was a member of New Yorkers for Abortion Law Repeal, a group of
37
38
individuals pursuing the aim of complete repeal of the New York State
Abortion Law. Put together hucriedly last January so as to have some
cffect during the 1969 legislative session, the group, at ils June meeting,
adopted a Constitution and By-Laws giving ita formal organization and
voted on officers and members of a board of directors. The statement
of purpose of the organization embodied in the Constitution not only
pledges the group to work toward complete repeal of all abortion laws,
‘but also puts it on record as being completely opposed to any inter-
‘mediate reform bill, Not only will the organization work to support
repeal, but it will also work to defeat reform. It is unfortunate that
the absolute quality of this stand precluded irom membership both
Cyril Means and Dr, Christopher Tietze, members of the Commission.
appointed by Governor Rockefeller to study the problem of abortion
‘Despite all indications that a modified abortion law would be enacted
in 1969, a last minute change of mind resulting from an impassioned
speech by one Assemblyman brought about the defeat of the Blumenthal
bill on the floor of the Assembly. This isthe third consecutive year that
the abortion reform bill has been defeated, It is still our belt that in
vview of the number of organizations that have been formed and the
public spotlight which has been focused on the matter, there will be
eventual repeal of the abortion statute in New York State
MARIJUANA
‘The bill to increase the penalty to a maximum of a life sentence for
selling marijuana to an individual under the age of 21 (vetoed by the
Governor last year) has been passed again by the Senate. It is believed
that there are sufficient votes in the Assembly to prevent its ultimate
passage, This is another example of the mood of the Legislature toward
‘increased penalties in general
COMMISSION OF CORRECTION
‘The Association was successful in having a bill introduced to remove
the control and direction ofthe State Commission of Correction from the
‘Commissioner of Correction ofthe State, This was the firs time that such,
ill had been introduced to inctease the role of the Commission of
Correction. While the bill was passed by the Assembly, it was killed by
the Penal institution Committse of the Senate. The Association intends
to have this bill introduced again next year with better hopes for its
GUN CONTROL
In an attempt to’
about sound gun control legislation for the State
of New York, and as part of the New York Citizens Committee for
39
‘Sound Gun Control Laws, the Association exercised pressure on legis-
Jators to bring rifles and shotguns under legal control. We also urged the
citizens of the state to make their feelings known to their legislative repre-
sentatives. We obtained the names of some 20,000 individuals in the
State of New York who signed petitions favoring Federal restrictions
fon gun sales and ownership, We wrote to one thousand persons from the
list, urging them to join the New York Citizens Committes for Gua
Control Laws and to actively support good gun control laws.
Tn addition, we sent a kit of materials to some 700 organizations
‘hroughout the state which included a draft editorial, a list of
‘organizations might do to bring about tighter control on firearms such
as contacting their radio and television stations for local spot announce-
ments, making gun control a topic at their meetings, inviting speakers of
gun control to local orgunizations, and contacting governmental officals
fon the need for sound gun controls in the state.
As a result of this mailing, we were contacied directly by the State
Board of the Business and Professional Women’s Clubs two days in
advance of its annual meeting to decide programs for the forthcoming
year, They asked for 200 copies of the gun control kits plus 200 copies
of our January Newsletier which included our recommendations to the
1969 Legislature.
We are hopeful that these groups will not only actively support gun
control, but wil also join with us in other areas in which we aze trying to
bring about a more realistic administration of justice in the state.
Tn advance of the 1970 Legislative session, representatives of both
the Community Service Society and the United States Atoraey’s office
here in New York have proposed that the Association reactivate and
reconstitute the New York State Citizens’ Committee for Sound Gun
Control Laws.
Itis our studied opinion that at this time there is litle public interest
in gun control legislation in New York, and we feel thatthe energy of the
Association could more profitably be used in other areas. While we have
‘ot entirely turned down the proposal that the Correctional Association
assume leadership in organizing the Committee, no such move is antici
pated at the present time. We aro, however, remaining in contact with the
various organizations and individuals who may be willing to join with
‘us at a more appropriate time.
SENATE COMMITTEE ON PENAL INSTITUTIONS
To aid in preparing the legislative program of his committee for 1969,
Senator John R. Dunne, Chairman of the New York State Senate Com=
mite on Penal Affairs (and a member of The Correctional Association
‘of New York), asked the Association for a detailed documentation on
‘our proposal that the State assume control over all sentenced prisoners
40
‘who are presently serving their sentences in local county jails, county
‘penitentiaies or in institutions in the New York City Department of
Correction. He further requested that we provide his committee with all
copies of recent testimony and papers the Association has given on the
legal aspects of handling alcoholics. Subsequent to our providing him
with the material and after talking with him on a number of occasions,
the Senator publicly proposed reform in bath of these areas. He has
further proposed introducing legislation to bring about the necessary
statutory changes (as well as to co-sponsor the bill which the Association
‘was instrumental in introducing in the last legislative session) to make
the New York State Commission of Correction an independent autono-
‘mous body, freed from the control of the Commissioner of Correction.
‘The Senator's positon on the latter issue is extremely encouraging in that
it was his Senate Commitee which Kile that bil which had been passed
‘by che Assembly.
While there Have been repeated efforts inthe distant past o have the
‘State take over the operation of the sentenced aspects of the country jails
and penitentaries, the most recent move in this direction was initiated by
the Association in public testimony presented to the Governor's Special
Committee on Criminal Offenders at its first hearing with Governor
Rockefeller in 1966,
‘On a later occasion, Senator Dunne met with the General Secretary in
‘our office to review various concepts and programs in which the Senator
is interested which wore proposed by the Association, Senator Dunne
hhad already contacted several individuals involved in preparing the
Interdepartmental Health and Hospital Council report on handling the
skid row alcoholic as the result of our suggestion. Fle had also met with
the Governor's counsel in an effort to determine what funds can be made
available in 1970 to implement the proposal to creste detoxification
centers and continued care units throughout the state to handle individuals
‘who are now being committed to county jails because of alcoholism.
‘The Senator had also discussed with the Governor's office our proposal
relating to the Commission of Correction which would make the Com-
zission an independent body not under the direction and control of the
‘Commissioner of the State. He agreed to introduce on the Senate side the
bill to strengthen the State Commission of Correction introduced last
yyear on the Assembly side by Assemblyman Stavisky. Assemblyman
Stavisky has also advised us that he will reintroduce the Commission
bill into the 1970 Assembly.
GOVERNOR'S SPECIAL COMMITTEE ON
CRIMINAL OFFENDERS
While the Governor's Special Committe on Criminal Offenders was
technically out of existence, having become the Crime Council, the
a
former Executive Director of this Committee and principal draftsman
ofits Preliminary Report was commissioned by the Governor to develop
8 program for the implementation of paris of the Report.
‘The general plan willbe fo place in one department the state's overall
rehabilitative services relating to all offenders. In general it would put all
convicted individuals, whether or not in the past they would have boen
placed on probation ‘or incarcerated, into a unified department which
‘would then make custody evaluations based upon diagnostic workups
done in repional facilities throughout the state, Changes in custody status
of an individual would be determined by three boards appointed by the
Govemor. One of these would be to merge probation and parole into a
single field service agency, removing that aspect of probation supervision
presently under the judiciary and placing it in the new department.
‘The Association continued working withthe former Executive Director
in the preparation of this Repoct which was submitted to the Governor
during the latter part of 1969, Two important aspects of the Report
resulted from the proposals which the Association originally made in
testimony before the Governor's Committee and subsequently urged in
‘our contacts with both legislators and state officials, ‘Thess aro:
1. That probation be considered as part of the entire correctional
process and be transferred from the juridition of the courts to the
Executive Branch of Government. Not only would such a move
ceut down the multiplicity of semi-autonomous probation depart-
‘ments with varying standards and work loads, but it would also
tend to bring about a more integrated post adjudicatory system in
the administration of criminal justice in the State.
‘Tho other proposal of the Association included in the report is
that the State assume juridietion over all sentenced inmates who,
receiving a sentence of one year of Jess, are sentenced to indi-
vidual county jails or county penitentiarics. This hus been one of
the major recommendations of the Association for several years. Not
only are the local counties unable to provide the proper programs
and training for individuals committed to theie jurisdiction because
of lack of resources, but also the New York City Deparment of
Correction, with a total resident population of approximately 14,000
individuals, has only enough beds to handle the City’s detention
population, If the State takes over all sentenced prisoners, except
those serving extremely short sentences, and the preset howsg
facilities used by sentenced prisoners on Riker’s Island are used t0
Ihandle detention cases, New York City’s problem would be to a
‘reat extent solved, Having all sentenced prisoners under the jucis-
diction of the State is completely in kesping with the principles ex-
pressed by the American Correctional Association repeatedly in the
Past and in its current Manual of Correctional Standards.
2
MONROE COUNTY DEPARTMENT OF MENTAL HEALTH
Approximately @ year ago, as an outgrowth of the Man on the
Periphery study and our efforts to shift the handling of Skid Row
alcoholics from the penitentiary 10 medical authorities, the Monroe
‘County Department of Mental Health set up a program at County Hos-
pital to handle the cases which previously had been committed to the
county penitentiary. To complete the program, the county would like to
create 4 Halfway House to be used for those individuals whom they
roceive on referral from the cty courts. Since the counts quota of federal
funds, both from the Safe Streets Act and Mental Health, have boen used,
a request is being submitted for state funds to operate such a facility
following a suggestion of the State Director of Alcoholism programs. In
order that there be flexibility of operation so that later such a halfway
house might be used as a work release base for individuals convicted of
‘minor offenses other than public intoxication, it is the sense of those
{involved that a private agency should administer the funds and operate
the program,
‘At the suggestion of the Director of the Continued Care Unit of the
‘County Mental Hospital, who is also Associate Warden of the County
Penitentiary, the Director of Mental Health for the county asked the
General Secretary to meet with him to discuss the possibilities of the
Correctional Association handling the program should the state funds
become available. Various approaches to the situation were discussed,
One would be to contact the courts requesting them to place selected
Individuals on probation with the condition that they reside in the half-
way house. A second vas to approach the State Parole Boatd which has
paroling authority over misdemeanants with sentences over 90 days. and
Ihave them place individuals on probation with the condition that they
reside in the facility. Avery preliminary discussion was held on the
possible role of the Correctional Asseciation in this operation should state
funds become available and should the Association be willing to under=
take this project.
CLEAR.
Dr, Douglas Evans, president and founder of the Citizen’s League for
Education and Rehabilitation, a group of individuals working in the
‘Monroe County Penitentiary, met with the General Secretary and the
present warden of the penitentiary to discuss the possible role of
C.LEAR. and the County Medical Society inthe rehabilitation program
in the new jail to be constructed in Monroe County. We suggested that
the County Medical Society not press too hard to involve itself in the
total rebabilitative program for the county, but rather focus its attention
‘on developing the physical medical program for inmates committed to jal
4B
CONFERENCE OF JUDGES
During avs to Rochester meetings wore held wth representatives of
the Rochester Bureau of Municipal Research andthe Continued Care
Uni ofthe Montes Coun Mensa Heath Hostal to obtain eactons 'o
the possibly ofthe Corestonal Association conducting a sonfeteace
Invelving judges, prosecutor pole, parle, coresionaauberies,
paroles and inmates, The dex was’ enhusiatcally supported sad
Proposal made that sich a conference be eld inthe Rociete-Butalo
fea, Enthusiasm fr the rojst went to te extent of the individuals
Stgpsting the aaes of pose tenes,
USE OF SOLITARY CONFINEMENT IN
JUVENILE TRAINING SCHOOLS
The Association was contacted by Assembly Leonard Price Stavisky
(Queens) for our evaluation of the report of the Citizens’ Committee for
Children in the training schools of the State. The Assemblyman was
Particularly interested in our reaction to the possiblity of restricting
through legislation the use of solitary confinement of juveniles. He further
asked if the Association would arrange a joint meeting with the legislative
representatives of the Citizens’ Commitice for Children, himself and the
Correctional Association to consider other areas of possible legislation
to improve the State Training School system.
PAROLE INSERVICE TRAINING
‘The General Secretary met with the Director of Training for the
New York State Division of Parole to encourage the Parole Division to
include several hours on the problem of alcoholism and drug addiction in
theit in-service program. These two extremely important topics have ia
the past been only lightly touched by parole,
We further indicated our willingness to provide lectures on these topics
for the next cycle of in-service training at which attendance of all parole
officers is required,
COMMUNITY OBSERVERS
‘Two briefing. sessions and tours through the Menhatan Deaton
ens were conducte for members of te Association who vluseced
10 be community observers in the event of a major emergency in the
iy. In adation 1» members of the Executive Comite, the Associ
Sion has obiained some ten individuals who voluntered from the general
membership, Taluded ae two former Peace Cocps met, four clergymen,
and te eache-n-cargeof the Adil Tainiog Division ofthe New York
Board of Education
4a
While the City remained calm this summer and there was no need to
call the community observers in, we will remain alert in the event an
‘emergency does develop
PREVENTIVE DETENTION
‘A meeting was arranged with the Executive Director of the Temporary
‘Commission on Revision of the Penal Law and Criminal Code, an
Assistant United States Attorney interested in the problem of preventive
‘detention, and a probation officer handling bail for a New Jersey judge
to consider the pros and cons of President Nixon's preventive detention
proposal. The Temporary Commission on Revision of the Penal Law
and Criminal Code planned to include a section in the Criminal Code
which would allow courts to hold individuals without bail if there was a
strong indication that they would commit a crime if released on bail. As
‘a result ofthe controversy created by the Nixon proposal, the Temporary
‘Commission in the State of New York decided that the section on pre-
‘ventive detention should not be included in the total proposal revising the
Criminal Code of the State, but should be submitted as a separate item
for consideration by the Legislature, The Commission believed that if
the preventive detention section was included in the total package,
enactment of the remaining aspects of the revised criminal code might
be jeopardized.
NEW YORK CITY DEPARTMENT OF CORRECTION
‘The General Secretary met with Commissioner MeGrath on several
‘occasions as the result of several suicides in institutions of the New York
City Department of Correction. We were further contacted by Senator
Dunne, Chairman of the Joint Legislative Commitice on Penal Insti
tions for our evaluation as to the eauses of the suicides. Tt was our con-
tention that while even a single suicide is to be regretted, the number of
suicides in the City correctional institutions was not out of line with those
in other correctional institutions throughout the United States, nor with
the suicide rate for the same age catepories in the general public
‘As to a possible cause of suicides in the institutions, we pointed out
that the crisis ereated by the population peak meant that
‘officers had many more individuals to observe and that the actual pres-
sure for living space seriously curtailed activity programs, thereby allow-
ing individuals to brood over their status.
“To alleviate partially the overcrowding, the first of am eventual 1,000
inmates were transferred in the middle of August from Riker's Island
to the New York Department of Correction after several months of nego-
tiation. While the reduction of 1,000 in the sentenced population will
help, with a continuation of the same population trend, the institutions of
45
the New York City Department of Correction will still be operating at
175% of capacity.
MARIJUANA CONFERENCE
‘The Association was a community sponsor of a conference on mari-
juana held by Congressman Edward Koch to gain background informa-
lion in support of a bill he introduced calling for the creation of
Presidential Commission to study the sociological, pharmacological and
psychological aspects of marijuana usage. The bill as copied from two
previous bills introduced in the New York Assembly through efforts
of the Correctional Association of New York.
‘The panelists at this conference included Dr. Henry Brill of Pilgrim
State Hospital, formerly of the New York State Narcotic Addiction Con-
trol Commission, and Chairman of the AMA Committee oa Narcotics;
Dr, Sidney Cohen, N.lLM.HL; Dr. Joe] Fort, an expert on ghetto medicine
from the University of California; Frederick Garfield, Federal Bureau
of Nareotics; Harold Rothwax, Director of Legal Services of Mobiliza-
tion for Youth; and Bardwell Grosse, National Student Association.
‘These individuals addressed themselves fo four questions:
1, Does the use of marijuana cause violent ime or aggrossive anti-
social behavior?
2. Does the use of marijuana produce conditions of dependence,
psychosis or other harmful effects requiring medical treatment?
‘Does the use of marijuana lead to the use of heroin?
4. Are the current criminal penalities for the possession of mari-
juana appropriate?
OCEANHILL BROWNSVILLE DEMONSTRATION
‘SCHOOL DISTRICT
‘The Association conducted an oriontation session for ten team leaders
of the Push-Out Program, part of the Community Education Center
of the Oceanhill Brownsville Demonstration School District. The Center,
located in quonset huts ina school playground, is attempting to develop a
comprehensive system of community education. Program Push-Out
(Go called because it deals with those individuals who have been “pushed
‘ou’ of the educational system) is designed to use young men between the
ages of 16 and 22 to work with others in the samo age group in the
community. The ultimate aim is to have those individuals in turn work
with the younger children in the 8 to 12 group to Keep them from reach-
ing the ertical 16 year old drop out or push-out stage, The team leaders
will be responsible for coordinating their groups of approximately 8
adviduals and giving what ad, counseling, support and lose drtion
they can.
46
‘The Association was asked tobe presen since most of the young men
with whom the program is concerned will have tome form of criminal
history. In addition to giving general information on the problems and
approaches in dealing with this pecticular group, the Association's direct
service programs were stressed. One of the trainees from the Assoc
tion's Muitith Program was also present atthe orientation session. His
presence was considered mest effective as he was the living example of
the accomplishment which most of the team leaders felt could. not be
reached. He was able to answer their questions as to his own thought,
rotvation and effect ofthis program on him. His very presence had a
marked effect.
‘We hope to be able to work with this project in the future since it
scems to be a very worthwhile one.
ER. CASS
Tune 1969 marked the 56th anniversary of Mr. E. R. Cass with the
Correctional Association of New York, 40 years of which he served as,
General Secretary. Coming to the Association for the first time on June
14, 1913, Mr. Cass, after nine years as Assistant Secretary, became the
General Secretary upon the death of Dr. Orlando Lewis in 1922 and held
that positon unl his retirement in 1962.
‘AS a member of the Advisory Trustees of the G. Howland Shaw
‘Foundation, Mr. Cass was again successful this year in obtaining a deeply
appreciated unrestricted grant for the Association in the amount of
87,000.
NEW YORK FEDERATION OF WOMEN’S CLUBS
‘The Correctional Association worked with the Federation of Women's
(Clubs of New York City throughout the year to supply speakers on topics
‘of our choosing for their meetings. Harriet Pilpel, a founder, member, and
counsel of the Association for the Study of Abertion, addressed a group
of presidents of one hundred women's clubs on the topic of abortion law
repeal, Vincent Broderick, former police commissioner of New York
Gity and Chairman of the New York Committee for Gun Control Laws,
addressed the same group on Gon Control Legislation, ‘The General
‘Secretary made two talks during the year, one on the topic “Should the
State rogulate Morality?” and another on the Association's position on
‘unsolicited pornography sent through the mails.
‘The General Secretary further arranged for the President of the New
York Federation of Women's Clubs, Mrs, Dorothy Strayer-Premiet, t0
‘meet with Mrs, Nancy Banning, Public Tnformation Officer of the
‘Women’s Unit of the Governor's office. They explored ways in which the
Federation of Women’s Clubs, the Women's Unit, and the Correctional
4
Association might work together for mutual benefit. As a result of this
Particular mecting, the topic of preventive detention was discussed at
the following meeting of presidents of the City’s Women’s Chibs. The
Association arranged for Mr. Lawrence Marcus, Council for the Judicial
and author of a study on the dangerous defendant which
focuses on the constitutionality of preventive detention, to talk on that
‘opi
‘Mis. Banning described the work of the Women’s Unit in the Gov-
emor’s Office headed by Kitty Catisle,
As a by-product of the work with the Federation of Women's Clubs,
the Association arranged for Assemblyman Leonard Stavisky, then
Honorary Co-chairman of the New York City Citizen's Committee on
‘Gun Control, to speak to the Women’s Press Club on gun control,
NEW YORK STATE WELFARE CONFEREN¢
As a member of the Program Committee of the New York State
Welfare Conference, the General Secretary met in Albany to plan the
sessions im correctional services for the November conference, We sug
gested that in view of the general upheaval and the pressure for greater
Involvement on the part of those who are recsiving services, one session,
should devote itself to ways in which clients (in this case inmates, pro-
bationers or parolees) might become involved in decisions affecting
themselves. a view ofthe movement oward school decentralization with
greater community control, the movement to organize weltace recipients
so that they may have greater say as to what happens to thea, and the
unrest on college campuses in which students are pressing for a greater
participation in the affairs of universides, it is not unthinkable that
Similar movements might develop from correctional clients, In order that
correctional administrators be prepared for such a possibility, thought
‘must be given now t0 ways in which greater involvement and participa
ion could be developed to prevent the confusion and disorganization
presently going on on college campuses.
NEW YORK CITY JUNIOR LEAGUE
Two members of the New York City Junior League spent several
hours with the General Secretary discussing the possibilty of the League
developing a “Project Misdemeanant” for the City of New York. Such a
Project would involve using voluntary trained professional personnel 10
felate and work with individuals convicted of minor offenses in the
Criminal Courts ofthe City on a one to one basis.
‘The basic concept of “Project Misdemeanant” was developed in
Royal Oaks, Michigan when a local lower court judge, Keith J. Leon-
houts, expressed a belief that for the lesser offenders there was no legal
altemative save fine or incarceration for short periods of time.
48
For these individuals, Judge Leenbouts felt great deal of empathy
and recognized the need fora personal relationship to aid in helping
them solve some oftheir problems, Not having a probation slat aval-
‘ihe nor aay olier disposition except a ne for those who could pay it
fr short jl sentence, and rocopnzig thatthe majority ofthe lesser
eon became olen confit withthe eat of er on
nal ably to cope wih siteaion, this judge conceived ofthe rle
Brien involvement inthe lover courts t hep salve the problems of
Imany of thse who appeared before hin.
With the suppoct of the National Methodit Church, the idea of
edie private clizens with misderseanans grew unl at the present
tine in tome By cites throvghiout the United States privat cizens ae
Gevoting thei time, talents and energy to Hp those in authority deat with
the probiom of th ser offender
"The General Secretary frer arranged for a mowing involving him
self, he two members of the Junior League, and the Administrative
Disetr ofthe Fist Department of the Appelats Division to discus a
progam #0 vilize voluntesrs as probation ais wilh eases placed on
probation by the Ciminal Courts Of the City of New York. Asa rest
Fru meni such a project for New York City was given the geen
Tight inthe Fist Department, consting the Bronx and Manhattan. It
‘expected that he mil pict projet wil be started inthe Bronx within
the year.
WARDEN MILTON ROTH EDUCATION FUND
|At the suggestion of Commissioner George McGrath, Mrs, Milton
Roth, widow of the late Warden of the New York City Reformatory on
Rikets Island, contacted the Correctional Association to express a desire
to establish a memorial to her late husband, She proposed that there be
‘2 fund created whose income would be used solely for the purpose of
providing additional education or vocational training for young men
feleased from Rikers Island Reformatory. Mrs. Roth proposed that such
funds be held in perpetuity with only the income available for use. Sbe
indicated that she would start this fond with a contcibution of fom
$4,000 to $5,000 and that she would continue to work to have other
individuals add to the principal.
“To insure the continuity of this fund, Mrs, Roth suggested that it be
created as part of the endowment of The Correctional Association of
New York. The General Secretazy assured her that we would bring the
‘matter to the attention of the Executive Committee and urge that it
‘authorize the ereation of such a fund.
‘Unfortunately, it was the decision of the Executive Committee that
such an undertaking would not be feasible at this time.
49
EXPERT WITNESS — SUPREME COURT TRIAL
{In keeping with the Association's position supporting the merit system
for the selection of upper echelon personnel in the administration of
justice, the General Secretary, as an expert witness for the City, was
involved in a Supreme Court tral in which one individual who kad taken
‘civil service test contested his grade on the examination,
‘The Honorable Judge Myles Lane, former Chairman of the State's
Investigation Commission, presided over the tral. The expert called in
by the petitioner was a teacher at the Delehanty Institute, a cram school
for evil sorvice examinations.
‘The Association's interest im issues of this type goes back to its origin
hea concern over the qualifications of individuals responsible for cox
reetional institutions was expressed. In this particular instance, an
Individual was attempting to obtain a position through civil service
status which civil service felt was markedly above his ability
PERSONNEL POLICY
Ithad been hoped that a serendipitous result of the Multilith Training
Program would be a changing of companies’ hicing policies toward ex-
offenders. One of the companies contacted by the Association to employ
a multilith trainee was the Intemational Division of a large, well-known
firm. The personnel interviewer became extremely interested in the
‘Associatioa’s program and the idea of hiring ex-ollenders. The company
had never knowingly hired individuals with a criminal record, While he
said there was no formal company policy to this effect, there obviously
was an unwritten one. After two weeks of meetings with the upper
‘echelon executives as well as the company’s attorneys, the decision was
‘reached to hire one of the trainees in the Multilith Program. It was felt
that having gone through the decision-making process for this individual,
J would not be necessary to repeat it for any further individuals with
‘criminal histories being consideved for employment by the company.
PROFESSIONALS IN THE ADMINISTRATION OF
JUSTICE IN THE CITY OF NEW YORK
Renewing the practice which we started Inst year of mecting infor-
mally with the federal, state and local principals involved in the vatious
aspects of crime in the New York City atea, we held a luncheon meeting
With representatives from the Federal Bureau of Prisons, the Federal
arsau of Narcotics ant Dangerous Drugs and the Site Division of
Since our last mesting in the spring of 1968, there have been major
‘administrative changes within the old Federal Bureau of Narcotics. That
bureau was transferred from the Treasury Department to the Department
50
oe ee ty ete
iy eh nt a
ae cme ce et
ep eae ee
gees ete ae te ape
BerEcatar Busca of Narcotis and Dangerous Drags fo the others who
BRITISH CONSULATE
er Sertary met wth the Couns fo the Bets Consulate
ete ata dec of te New York fice of he Fedral
Senet sMenestgnton, to rv the procedure wheehy th Federal
Baan ot Taesigaos aad the ConectonlAssoiaion work o-
aariysy wih ty low inthe Unied Sac. The Fedral Buea of
Ser erlan i eariogindvaduas fom ther aes cars tough pet
erst Sus wit ea police departments, The Corestonal Aso
essen tana rom te tne oS eg uae
re
ahi meting, we ame tat the india who had orginally st
wp int lena operate arrangement wil be as the Con
Sa cana with whon he Aaron ha worked gute eo,
Wd joc bos appointed Conse General in Geseva, Svitzeriand
Sic rtm tle in lping te Bosh Consulate may involve 8
fu tot of works we fee tat thiereaomsip 8 an extremely
ar ae cleat te Asnlton an geerall bain it
aaah casera as than the Counsel ca by going O08
femal governmental chanel
THE FORTUNE SOCIETY
The Fortune Society, an outgrowth of the play Fortune and Men's
yen's an organization of men who have served tine in prison. 1
CioSming inoasingly aggresive and eical of the administration of
Juste. The non paid Executive Discetor ofthe Society is professionally
Ife itewor ot publicty for Hair and Boys inthe Band. White apparently
Scere, basse the knowledge of how to bing about conse
hangs, "The group devoted ently to pubbe appearances of members
Stake Forane Society on television programs, before cbuch ond college
Groupe, anos own eekly rato progam om WHA. traces
Spprenimately 3,000 people teaugh a monthly Newser. :
"Race we ft that in many instances the Fortune Socity was being
afin we met with tho Exatutive Director, who we know, 10 discuss
sl
ways im which the Fortune Society could develop a more constructive
approach and program, We suggested that before publicizing specific
dramatic instances based solely on inmates’ statements, that they contact
us to check on the facts of the situation, This was acceptable to the
Executive Director. As an example, the Fortune Society had been con-
tacled by the mother of an inmate in the Bronx House of Detention
who claimed that he was refused medical attention by the authorities
following a fight with another inmate. The Correctional Association was
able to find out that not only had the individual received medical atten-
ion within ten minutes ef his fight, but subsequently had been seen by the
staff physicians in the institution. As a result of his continuous com-
plains, he was thon transferred to Bellevue Hospital where he was given
complete examination and transferred back 1o the institution with a
“no injury” diagnosis. He was then transferred to the prison on Rikers
Island where he remained for a week, was examined and studied by a
third set of doctors who were also not able to find anything wrong. Rather
than having denied him medical attention, the Department of Costection,
investigation revealed, had bent over backwards to verify the reports of is
own doctors that there was ao injury by having repeated examinations
by outside physicians. We are hopeful that in the future the Fortune
Society will continue to contact us whea a problem develops, rather than
‘immediately trying to get maximum publicity for unverified stories.
‘There was dissension within the Fortune Society itself over the un-
critical acceptance of inmates stories and a group of releasees left the
‘organization to form a new group which they claim will criticize only
‘when they know the facts and when they are able to propose constructive
alternatives to existing conditions, It is interesting that representatives of
this splinter group independently had contacted us only three days before
the General Secretary met with the Executive Ditector of the Fortune
Society.
ADVISORY COUNCIL. ON ALCOHOLISM TO THE HEALTH
SERVICE ADMINISTRATION OF NEW YORK CITY
Upon request of Mr. R. Brinkley Smithers, the Chairman of the
Advisory Council on Alcoholism to the Health Service Administration of
New York City, the Geaeral Secretary briefly addressed that group on
current changes in methods of handling alcoholic offenders by the admin-
istration of justice in the United States. He pointed out that courts were
ot meting out to the same extent traditional shott jail sentences to skid
row habitues, ut were altempting to find other alternatives with more
Promise for reclamation. For more serious offenders, special case loads
have been set up by Parole Divisions to give closer supervision, better
uadertaning and more peient counseling to fenders with alcoolc
problems.
2
Despite this, punitive statutes still remain on the books and the
sovereign state still continues to try to “punish away” a medical problem.
Troads are being made with some legislators to bring about an entirely
now way of dealing with individuals who in the past have been “serving a
life sentence on the installment plan” solely because of their addiction to
alcohol. Ia New York State, Assemblyman Stavisky and Senator Dunne
‘both have been in touch with the Correctional Association for assistance
in setting up a better legislative approach to the problem in the forth-
coming legislative session,
STUDY ON RECIDIVISM
‘The Association is acting as consultant to a study on recidivism being
carried on by the Rutgers University. Psychology Department under
National Institutes of Health funding. ‘The study has temporarily bogged
down duc to the breakdown of the Rutgers University computer, Raw
‘data was collected on over 300 individuals admitted to the Adolescent
Division on Rikers Island and the interviewing of all new admissions to
that institution continued so that upon the availablity of the computer,
the data could be analyzed. One of the benefits of this study, in addition
to its research value, is the fact that objective mental measurements test
results are available to the classification committee at the institution and
the Parole Board. This information has not been available in the past
DIRECT SERVICE
‘Seventcen year old Mark was sent to the Correctional Association by
his grandmother. Mark had been in detention for six months. He had been
tunable to make bail, neither the original $500 nor a subsequent reduced
amount. As a result of the pressure of the overcrowding existing in the
City institutions, Mark's case was re-teviewed and he was returned to his
grandmother's address where he had been living six months previous
the time of his arsest and original probation report. During Mark's de-
tention, however, his grandmother had lost her job, and she had moved
in illegally with @ daughter fiving.in a City project. When Mark came
hhome he found vhat “home” had cessed %0 exist. He then went to his
conly other living relative, the aunt, and found his grandmother there as
well. They were afraid t take him in since that would then make two
‘people living there ilegilly. He was able to sleep ata friend's home one
night and he spent the next night on the subway. He was living on
‘quarters borrowed from people he knew.
Finally, the grandmother called the Correctional Association and
‘made an appointment for Mark. The office was able to arrange for Mark
to stay at St. Mark’s Emergency Shelter. Because of his extreme youth,
53
it was felt that he had to be placed somewhere with supervision, even if
it was of «limited nature.
FAMILY VISITS TO CORRECTIONAL INSTITUTIONS
‘Among the major modifications in welfare grants and procedures made
by dhe new Welfare Law which elective July 1, 1969, one small
‘but extremely important change to us is the deletion of grants to women
on welfare for travel expenses to visit their husbands in correctional
Insitutions, This has placed a heavy financial burden upon the Correc-
tional Association in that we feel it imperative that family continuity be
maintained while the husband is serving a sentence. ‘The dificulty in
‘maintaining family solidarity becomes almost insurmountable when
prison visits cannot be made, We have been in contact with a long-time
benefactor of the Association asking for his financial support t0 help
cover some of the increased direct service expenses resulting from our
efforts to provide funds allowing wives and children to visit their hus-
‘bands and fathers in institutions. We have received some help but must
‘squarely face the situation and decide whether we can continue to carry
this additional financial burden without additional income.
It cannot be ascertained at this time to what extent the 1970 Legisla-
‘ure will modify the 1969 law. In any event, it can be anticipated that
‘even with a statutory change in the next legislative session, the problem
‘ill continue at least until July of 1970.
PUBLIC RELATIONS
‘The General Secretary met individually with two professionals in the
fickd of public relations, Mr. Arthur Reef, Director of Public Relations for
the American Metal Climax Company and Mr. William Moore, Director
‘of Communication for the National Episcopal Church. The purpose of
the meetings was to obtain ideas as ¢o how to increase the involvement
‘and interest of existing members and how to broaden the membership
base of the Association
Several very worthwhile suggestions were made by both of these
individuals which will be considered by our Ad Hee Committee on
Relations with Members,
1969 ANNUAL REPORT
‘The 1969 Annual Report was formally led in both the Senate and
the Assembly, Copies of our recommendations had been previously for-
warded to each legislator shortly after the Legislature opened. After that
time the Correctional Association was in constant contact with the
Legislature about specific bills in our area of interest. We received
34
telephone calls and letters from the various legislators asking for our
opinions on specific bills and we were also asked by the Governor for
our comment on bills which have been passed and were awaiting his
signature.
ASSISTANCE TO STUDENTS
It is not uncommon for the Correctional Association to receive re-
quests from college students for written materials on the administration
(of criminal justice or to havo students visit the office to talk to the slaft
‘concerning problems in the fleld. There were several such visits during
the year.
Miss Jacqueline Johnson, a graduate student in Urban Affairs at
Princeton's Wilson School, was working on a legislative program for
abortion reform and demonstrated an interest in that topic beyond that
cof her class assignment. A meeting was arranged at the Correctional
Association office with Mr. John Lassoe, Exocutive Director of the
‘Abortion Reform Association, and the Astistant to the General Secre-
tary to discuss the history of the abortion reform movement as well
as the basic reasons for reform. We also met with a graduate student in
the N.Y.U, School of Social Work who was doing her year's paper on
the community organization aspect of the abortion reform movement.
‘The Association met with a third year Columbia Law School student
who had been assigned to write a thesis on ex-offender self help groups,
using the Fortune Society as an example. We spent some four hours
self help” concept and its evolution with this young
‘Among other points raised were the orientations of such groups. Some
ups are oriented toward providing assistance to
individuals released from correctional institutions. Others have taken it
upon themselves to change the prison system by attacking the admit
istration of institutions. While undoubtedly their motives are good, often
the attack is directed against the wrong individuals and ia many in-
stances there are distortions of the true facts.
‘Two other students, independently, spent several hours with the Gen-
cral Secretary to obtain our viewpoint on drug taking among youths and
vocational possiblities in the field of social disorganization. A third stu-
dent, in architecture, after reading our recent Newsleter describing the
‘community correctional facility of the New York City Department of
Correction, decided that his senior thesis should be on community resi-
‘dential facilites for young adults. It is interesting that a number of young,
students are applyiig their particular skills to new correctional concepts.
Tn this case the architecture student is working on the design for a
physical plant based upon the desirability of keeping offenders in com-
‘munity residential facilities rather than housing them in massive isolated
prisons.
3s
‘The Association has for years worked with architects translating in-
raovative concepts in correction into physical structure. Much of the
development of the telegraph pole type of reformatory structure came
from work that the then Prison Association did with an architect in the
years around 1915,
NATIONAL,
99th NATIONAL CONGRESS OF CORRECTION
“The Correctional Association was represented at the 99th Congress
of Correction by Mrs. Stevens Baird, Mrs. John W. Ballantine and
Mr. Gofl. This annual meeting of professionals in the field of correction
drew over 1,500 individuals and thei families,
“The frst Congress developed from the efforts and work of Me. E. C.
Wines when, a5 General Secretary of The Corctional Association of
New York, be was istramenial in organizing the fist national meeting
of individuals concerned with correctional institutions. This inital meet
lng led to the formation of the National Prison Association which later
changed its name tothe American Cosrectional Associaton.
‘While many of the topics and problems discussed at this 99th Con-
ess had been considered in the past, several new ideas were con-
sidered. The problem of violence and general unvest in United. Sates
insttations as well as in the cities was the topic of several different
tnoetings. The growing number of federally funded programs such as
National Insitute of Law Enforcement and Criminal Justice, the Law
Enforeement Assistance Act, the Correctional Manpower and Training
Commission, the Juvenile Delinquency Control Act of 1968 were ex-
amined and explained.
‘An AllCongress workshop on conjugal visiting and family parici-
pation held the last afternoon of this five day long meeting drew a large
number of participants and received good publicity locally.
100th CONGRESS OF CORRECTION
‘The100ch Congress of Correction will be held in Cincinnati, Ohio,
‘October 10th io 15th in 1970. Te was on these same dates and in the
same city that the 1870 National Conference on Prison Reform organized
by E. C. Wines was called to order by Governor Rutherford 3. Hayes
‘Because of the role played by E, C, Wines, General Secretary of the
then Prison Association of New York, in organizing the first National
Prison Reform Congress in 1870, the Association has been asked to
‘work with the Centennial Commission which is planning the program
for the 1970 Congress. Among plans being considered is the reproducing
of the proceedings of this first Congress. There are only three known
56
ss of the origi presengs, one of which fn the oe of the
SeShon a 15 Bast 15th Set
E.R. CASS AWARD
standing service to he fe
premade Witla T. Cou
Bruce Publishing Company, Me.
ae renee Peanylvaniy and Me. A. A. McLaughlin, Director of
Tndustis of Ott, Canada
UNITED STATES SENATE SUB-COMMITTEE
‘ON JUVENILE. DELINQUENCY
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JUMOR CHAMBERS OF COMMERCE
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7
support the Association’s position on a mumber of matters relating to
the administration of justice. The president of the New York Jaycees
provided us with the mailing lists of the executives of all Junior Cham-
bers of Commerce in the state, 1,200 individuals, and assured us that
tho present administration would Cooperate to the best of its ability in
helping us bring about reforms in the administration of justice.
‘As an indication of the interest of members ofthis organization in our
work, we have already received requests from seventy-six Jaycee
chapters in the state for additional material and for placement on Our
‘mailing ls.
‘To extend the Jaycee correctional program internationally, we for=
warded to our international correspondents material prepared by the
national Jaycees describing those correctional programs which can be
developed in Jaycee chapters. We have already been advised by che
Executive Director of the Canadian Jayoees that he would like to in-
vestigate this program in greater detail. We have placed him in contact
with the Executive Director of the John Howard Society of Ontario and
Commissioner A. J. Macleod, Commissioner of Penitentiasies.
FIRST NATIONAL CONFERENCE ON ABORTION LAWS
In keeping with the Association's efforts to switeh control over
abortions from the penal law to medical authorities, the Association
tended a national meeting on abortion faws in Chicago, Tinois. Some
150 individuals concerned over the existence of criminal sanction for
abortion joined forces to organize the National Association of Repeal of
Abortion Laws. In addition to representatives of the Correctional As-
sociation of New York, those in attendance represented among others,
tho National Organization for Women (NOW), the Episcopal Dioceses
of Chicago and New York, the World Council of Planned Parenthood
(represented by Dr. Alan Guttmacher), the Organizations for Abortion
Law Reform and the Institute for Criminal Justice of the University of
Chicago Law Schoo!
At the end of this three-day meeting, during which the position of
the Correctional Association was distributed, a national association was
formed for the purpose of bringing about the ultimate repeal of any
Slate statute relating to criminal abortions by licensed physicians.
While there was complete agreement that the ultimate objective should
be repeal of all abortion laws, tho selection of tactics to achieve this end
‘aused some discussion. There was apprehension that those who violentiy
oppose any legislation which stops short of complete repeal — such as,
the militant group which disrupted the legislative hearings held recently
in New York City by the Lent Committee — would gzin control of the
session and put the conference on rocord as opposing any change other
than totat repeal. However, there was a sizeable group present which
58
an ten pt ws
a a cts time oe
ei mocha om
bie to keep control of the conference.
ISTICE —
INSTITUTE FOR CRIMINAL JUS
‘STATE OF NEW JERSEY
‘the General Secretary met with D
Taw School and chairman of « commissi
ean Fairbanks of Rutgers Univer-
jon created 10 propose the
the State of New Jersey
sik ANNIVERSARY DINNER —
25th ANONAL COUNCIL ON ALCOHOLISM
sation of New York vas represented a te
se Kanal Cour co Alea BY
ee eo te General Ses
rect en ths aa, Tis dines,
spc over 600 meals,
se reados McCambridge a
ots pine speaker
se
‘The Correctional Associ
tes De. opr Hastert. As
pent IE citon Hood United States Stecl
ee Cord F. Hood, Past President of he Unie :
« ration and Mr. James F. Oates, Jr., Chief Executive ‘Officer of the
Portable Life Assurance Society of the United States.
BOOK OF THE STATES
The Association has again been asked to write the chapter on
‘Comection” for the bi-annual publication of the Council of State
Governments, The Book of the States. This is # publication of the
organization which sponsors the anaual mectings of Governors, and
formulates plans for and acts as the sectelary to the various interstate
compacts relating to probation and parofe which allow the transfer of
legal supervision over parolees from one state to another. It also is the
secretariat for handling runaway children who cross state lines as well
as many other state matters.
The Book of the States is the principle publication of this organization.
It is used by state legislators and members of the executive branch as a
source book on general trends in the United States in major state serviees
such as correction, highways, welfare, conservation, and transportation,
with a complete chapter devoted to cach topic.
CONGRESSMAN EDWARD KOCH
The Association was asked at a meeting with the Administrative As-
sistant to Congressman Edward Koch to help set up a series of meetings
and visits for the Congressman during the Congressional recess, January
I-15, 1970, We suggested among other things that the Congressman
‘become acquainted with the Teacher Corps-Viste Program presently in
operation on Rikers Tsland but due shortly to expire. Further, we are
in the process of arranging for the Congressman to meet with Chairman
Lawrence W. Pierce of the Nareotic Addiction Control Commission and
to visit some of the facilities of the Commission here in the City of
New York,
Tc will be recalled that Congressman Koch picked up our proposal to
the New York State Legislature for an in-depth study of the sociological,
psychological, pharmacological and criminalogical effets of marijuana
and introduced a similar bill into Congress. Af the present time there are
66 co-introducers om this bill
THE INSTITUTE ON MAN AND SCIENCE
The General Secretary has been asked by the Program Director of the
Institute of Man and Science to be @ member of the planning council
for this year’s Precedent Conference of the Instimte on “The Criminal,
Prisons and Society.” The Conference will be held from June 14th to
July 3rd, 1970 at the Institute's Campus in Rensselaervlle. The Inst
tte is chaired by Everett R. Clinchy, formetty President of the National
Conference of Christians and Jews
Each year the Institute chooses for its Precedent Conference a critical
social problem in which a dialogue can make a difference. ‘These are
60
problems of widespread and deep concern. The program will focus upon
‘New York State and the relevant problems.
‘The Conference is divided into three segments: (1) crime, apprehen-
sion and conviction, (2) the courts, and (3) prisons and society. A core
‘group of 50 to 60 resident participants including State Senators, prison
Wardens, eciminologists, judges, prisoners, police chiefs, etc, will meet
ima structured program with a dilferent group each week. The planning
council atthe present time consists of such individuals as Richard Bart-
Tett, Chairman of the New York State Crime Control Council; the Hon-
orable Stanley Fuld, Chiet Judge, State of New York; Peter McQuillan,
Director of the Crime Control Council; Peter Preiser, Consultant, Crime
Control Council; Milton Rector, Director, National Council on Crime
‘and Delinquency; Commissioner Paul D. McGinnis, State Department
ency;
of Correction; Russell G. Oswald, Chairman, State Board of Parole
MASS MEDIA
THE SUFFOLK SUN
As is our usual practice, at the same time that we forward our pro-
pposuls to the Legislature, copies are sent to various newspapers through
the state. The Suffolk Sun carried an editorial in its February 19, 1969
edition as follows:
LIMITS OF STATUTORY POWER
Should government power be used t0 enforce purely moral
for religious standards? A private agency authorized by the
State, The Correctional Association of New York, concludes
that it should not
“The agency, in addition to advocating abolition of the
state's abortion law, recommends elimination of criminal
statutes covering prostitution and homosexual conduct be-
tween consenting adults
‘On the issue of prostitution, the Association asks that the
it its concer to “open public solicitation when it
Constitutes a public nuisance” and to “recruitment for prosti-
tution and living off the earings of a prostitute,” which it
‘terms exploitation of another person.
Homosexual behavior, the agency says, should be treated as
in heterosexual acts, with punishment micted out in casos of
¥ ‘without the sexual clement
being considered a relevant or aggravating circumstance,
a
This thinking may seem advanced to some legiatrs, but
Public opinion is rapidly reaching the same cosienies
Maiters of public order and safety are the important ones t
e in the state's criminal statutes. With crime in
ne Streets on » Merman
Abe sets on he a, ple enough weep tee
ecpied without having o be concerned with Seine i tg
The law should lint tet thou
0 protecting people without ia-
inging upon personal actions tat do ms hate wo coe,
RADIO STATION WTFM
fet
W YORK TIMES
Upon receiving a co
of our recommendations to
the New York Times mia fo ta
February 13, 1969 edition,
outacied the Association, as
2
feelings about bail, the number of judges available to hear all affect the
detention process. Added to these are such logistical problems as the
lecation of the detention facility in zelaton to the courthouse, the number
fof men to be transported from detention, the number of correction
‘officers available for supervision, and the physical structure of the deter
tion facility itself
‘As an example of the inter-olationships in the administration of jus-
tice, we pointed out that because of its detention population, the New
York City Department of Correction inmate census is at an all time
high. ‘This is probably due to a shift in the policy of the District At
tomey's office in bargaining resulting in more individoals pleading not
‘guilty and being held for tral. This in turn extends the time an individual
will spend in detention institutions and thereby brings an increase in
the population,
PARADE MAGAZINE
For several years, the Association has been working with Parade
magazine which is a Sunday supplement with the largest circulation in
the United States, We have succeeded in placing five articles in areas
connected with the Association's work, In 1969, two more articles were
published by the magazine.
The May 4th issue of Porade magazine carried an article describing
the last week of the last man executed in the United States. Tn dovelop-
ing this article, the Parade reporter met on several oceasions with the
General Secretary to discuss the approach which would have the greatest
impact on the general public. The Association was able to obtain the
information for the magazine on the man who was executed and made
arrangements for the writer to meet with the Commissioner of Corre
tion of Colorado, the State in which the execution occurred.
‘Upon reading’ the completed article prior to publication, we were
‘most impressed with its emotional impact and contacted a number of n2-
tional organizations interested in the abolition of capital punishment to
determine whether they would like reprints of this article. Because of out
relationship with Parade magazine and the assistance we gave in the
development of this article, the Editor provided us with 10,000 reprints
to be distributed nationally and internationally.
A second article published by Parade at the suggestion of the General
Secretary was on abortion. We had been trying for several years to have
this magazine with its 30 million readers carry an article on abortion i.
an effort to help move public opinion in favor of abortion law repeal. We
hhad proposed that the magazine send a staff writer with a middle class,
‘martied, respectable middle-aged mother of several children when sie
had an abortion. We asked a number of individuals to notify us whee
such a woman who was willing to have her story written became ava
68
The atte describes the trip ad th
(Tease tcp and the experienc ofthis woman a wel
ss desenbing the Clergy Consutation Services which hea ee
thoughout the Unied States, Thee Clergy Conrtaton tena ee
‘vide counsel and actually make the neces: meas fe pomen
ie counsel and actualy make the neta ananganen a oes
INTERNATIONAL
AMERICAN DITCHLEY FOUNDATION
The American Ditchley Foundation, recently created as an America
de 3 pipet
purpose the bringing toget
from England and the Us
ANGLO-AMERICAN CONFERENCE
ERICAN CONFERENCE ON DU
TAKING INTHE YOUNGER GENER EON
An Antio-Ametien
sored by the Ditchley Foundton an i
seo, wa hd in Dichey Pat Oxon Eagan
m Conference on Drag Taking in You, spon-
Ditcley Founda
hey Park, Oxon, Eugland, November Teh to TO
os
1969 to which 15 English experts and 15 American experts on Anglo-
‘American narcotics problems were invited.
“Those in the British delegation were:
"The Rt. Honorable William F. Deedes, Conservative Member
of Parliament;
Mr, Arthur Bleakinsop, Labor Member of Parliament, Presi-
‘dent of the Social Commission of the Council of Europe,
former Patliamentary Soctetary, Ministry of Health;
Mr, Petcr Beetle, Assistant Secretary, Drug Branch, Home
Office;
Professor W. D. M, Paton, Professor of Pharmacology, Ox-
ford Universi
Me. C. G. Jeffery, Chief Inspector, Drug Branch, Home
Office;
Dr. Allen B. Tayler, Dean of St. Catharine's College, Oxford
University;
Dr. A A. Baker, Senior Principal Medical Officer, Depart-
‘ment of Health and Social Security
{In addition to Dr. Lonnie MacDonald and Mr. Goff of The Corres
tional Association of New York, some of those in the American delegn-
tion were:
John FE, Ingersoll, Director, Bureau of Nareoties and
Dangerous Drugs, United States Department of Sustice;
Mr, Sanford D. Garelik, President Elect of New York City
‘Connell; .
Dr. Sanford J, Feinglass, Program Director, National Edu-
‘cation Association;
Mr. Thomas M. Campbell, Chairman, President's Advisory
Council on Youth, . ;
Dr. Howard S. Becker, Professor of Sociology, Northwestern
University:
Dr. Shermaa N. Kieffer, Director, National Center for Mental
‘Health Services, Department of Health, Education and
Weltaco;
Dr. Donald B. Louria, Chairman, New York State Council
‘on Drug Addiction;
Mr. Lawrence W. Pierce, Chairman, New York State Nar-
‘coi Addiction Control Commission:
Professor Louis J. West, Chairman of the Department of
eychiatry, UCLA;
Professor John Kaplan, Professor of Law, Stanford Uni-
versity.
Early in the Conference it became that two polar points
existed in the philosophy of the use of chemical substances for mood
6
‘manipulation or escape. The primary concern was the use and abuse by
youth and others of the so-called soft drugs such as cannabis, barbitu-
Tates, and amphetamines as contrasted to the use of various morphine
derivatives and cocaine. ‘The issue of legalizing cannabis was continually
raised and while there was almost a uniform agreement that the existing
penalties for possession in both the United States and England were out
ff line and should be reduced, there was no conseasus on completely
legalizing and regulating cannabis as is the case in both countries with
alcohol, another drug extensively in use in the United Kingdom and
United States.
ADDICTION RESEARCH UNIT, INSTITUTE OF
PSYCHIATRY, MAUDSLEY HOSPITAL, LONDON
‘The General Secretary met with the research staff and the head of the
Addiction Research Unit of the Institute of Psychiatry, Maudsley Hos
pital to be briefed on a research project that unit has undertaken:
1. To discover the amount of illegal drug usage not registered with
the Ministry of Health,
2. To follow as far as possible the intimate life patterns of heroin
users.
Preliminary findings indicate that heroin use in the United Kingdom,
based upon this one study, may be five times greater than the official
statistics indicate, There were further indications that, contrary to past
experiences, heroin users are now using multiple drugs and not remain-
ing with one substance. This fact was also brought forth by those in
atlendance at the Ditchley conference. To obtain their information, the
research unit has assigned three sociologists to live full time in the drug
culture of a provincial town in England, While the unit is not providing
the nareoties, they reported being present when 90%. of their cases
“shot up”. This particular study is considered of such importance that
the Ministry of Health has agreed to supplement its original grant t0
allow the study to continue,
A VISIT TO THE UNITED KINGDOM
In traveling to @ conference on narcotic addiction at Ditchley Park
in England, the General Secretary visited the Southern General Hospital
in Glasgow, the center for the prevention and treatment of addiction for
‘western Scotland, He spent most of the day with the Consultant Psy-
chiatrist in charge, talking with addicts and staff members, and giving a
lecture on the legal aspects of addiction in the United States to the
Psychiatric residents and senior repistrars of the hospital
‘As yet, narcotic addiction in Scolland has not reached an epidemic
stage and appears to be Timited to the severely emotionally disturbed
66
is i i ven oie rin ne
sire its en srs rrtrn
Suber ete eo oe mee
Sb icin iat ea
‘hostel in Glasgow for alcoholics and ex-offenders. Prior to the creation
Tie oie decisis a una
shared am
WORLD MENTAL HEALTH ASSEMBLY
General Sersary parodia won o@ mariana and #
seceplion ven by the Bourd af Directors of the ai Mt Heal
seal ‘in Washington, D2, rerestng both The Covel
‘Aeella ar Now ee ends intros Comsat ice ad
fon The meting and ‘ezpton were pr ofa eck ong Sul
‘ence of the World Mental Health Assembly bringing together individuals
frm 100 counties svcved i mesa eae
“he Cormatoall Auscaons kant tts padcuae Analy
focus ont deton are andthe pln te soins aed
tor many Year tht Indl edt ees faeces a
{it shedd be handed eprte way tom the erin en
fod shuld 0, be commited fF shot Pune souace to Toa
talon tcc nog tho wend
INTERNATIONAL COUNCIL ON
ALCOHOL AND ADDICTIONS
In keeping with the long time effort on the part of the Association to
seo he drow ls om he arena tm, te Geta
Scortary presoned the fifth annual paper om the criminal aspects
alcohol before the International Council on. Alco! and Aditons
in Budapest, Hungry. We were inost interested to learn that on the oy
0
in which the paper was presented a special delegation of six Soviet police
officials attended the Conference,
UNITED NATIONS — HUMAN RIGHTS COMMISSION
Acting as the agent for the Intemational Couneil on Alcohol and
Addictions, the Association prepared a memorandum for the Human
Rights Commission of the Economic and Social Council of the United
Nations which erticied a previous study made by the Commission for
falling to provide adequate protection of drug and alcohol addicted in.
dividuals. This study, entitled “The Right of Everyone to be Free From
Arbitrary Arrest, Detention and Exile,” failed to emphasize the need for
‘separate procedures in the process of justice for handling addicts,
The original idea for interesting the Human Rights Commission in
this topic came from Mr. Curtis Roosevelt, Head of the NGO section of
the United Nations. It was through the cooperation of Mr. Roosevelt,
the other members of the NGO section, the staf of the secretariat of the
Human Rights Commission and Mr. R. Brinkley Smithers that we were
able to draft the content of the memorandum, proceed through the intr.
‘ate protocol and technical controls within the United Nations, and have
the document translated, reproduced and distributed in time for the
Geneva meeting, all in a six-week period, ‘The memorandum, translated
into three languages, was circulated to members of the Human Rights
Commission in advance of their February meeting in Geneva
It was considered and referred back to member nations for further
study. The Commission suggested that an effort be made to intexest the
‘member nations of the United Nations in the proposal during the next
(wo years. A further suggestion was that an application be made to the
Human Rights Commission for a seminar on the legal aspects of adic.
tions and that consideration be given to having such a seminar on the
legal aspects of addictions in three years. It is believed that such a
Seminar, part of which would be funded by the United Nations, would
bea most fruitful way of intresting the member nations of the United
Nations in the topic of the legal aspects of addiction
‘The Secretary of the Human Rights Commission also proposed that
Mr. Goff contact the Social Defence Section to see if this topic might be
considered for the agenda for the 1975 Quiaquennial Congress on the
Prevention of Crime and Treatment of Offenders. The agenda for the
1975 meeting will be worked on in 1972,
UNITED NATIONS SEMINAR ON THE
LEGAL ASPECTS OF ADDICTION
As a result of the Association’s work with the Human Rights Com-
‘sisson and the Social Defence Section of the United Nations in the past
68
fy and as an afemath of the General Sorta’ paper in Buds-
Se a a ue Goverment of the Neteriands seus cone
En a oaton wo te Human Righs Secinar
Se Teen foot of Addon” The une go, ene wich
So Te La ASP sea Now York has eked on ot any
oe eet temowal of asics whose ou fens fs pub
Te apm of te dase am pone hadlng by
2 year of indus eed to mots,
se is etiam th wer ch
Se ee mst property ae pce la be aco:
Na Yan Ce eblens of reenon an teste ol
arousal fou.
SOCIAL DEFENCE SECTION
a charge and two
“The General Secretary met wit the acting office in charge
staf members of te Saal Defence Section of te United Natons fo
Sete woys i whch the Ss Dee Seon might calaborse
sith the Hunan Rights Commision in bringing about more activity on
the pt ofthe Unted Nations n dfereniaing the andbing of aiid
Seid om te ordnary rset pele. Has aed tt
1970 Quingucnaial Congress in Kyoto, Japan, th matter wou
te considered’ when the topic of Minimum Standard Rules was dis
Gina vas fre agrnd that the Sosa) Dele Seton wold
ooperate withthe Human Rights Commission if we are succesful ia
Gveloping a United Nations seminar en the legal aspects of adlction.
FOURTH QUINQUENNIAL, CONGRESS ON
{CRIME AND DELINOUENCY
[At the suggestion of the acting officer in charge of the Soctal Defence
Section, the General Secretary met with Mr. Minoru Shikita, Special
Social Affairs Officer from Japan assigned to the Social Defence Section
to plan for the Kyoto, Japan meeting in 1970. Mr, Shikita was seeking
‘ogpestions a5 fo ways to improve the quinguennial meetings. It was Our
position that in ation to the plenary sessions and the large moctings at
which major papers ate presented, the Congress should include smal
oup mectings which would allow special interest groups to meet on an
ftcoming tom the smaller groupe tobe contrary to Unite Nation
Foe and to become part ofthe formal writen proceedings.
9
All of these points were discussed and considered and it was our ten
tative recommendation that the host nation of Japan might arrange for
facilities to be available for special interest groups who desire to mest but
that conclusions not be officially part of the proceedings and not reported
formally by the Principal Rapporteur of the Congress.
UNITED NATIONS QUINQUENNIAL CONGRESS
ON THE PREVENTION OF CRIME
AND TREATMENT OF OFFENDERS
One of the foremost items on the agenda of the Fourth Quinquennial
Congress on the Prevention of Crime and Treatment of Offenders to be
held in Kyoto, Japan, August 19, 1970 is the minimum standard of
treatment of prisoners. These standards established in 1955 are to be
discussed and considered in light of new thinking. To provide the back=
ground material on these standards, the United Nations has asked the
Criminal Law Education and Research Cenier of New York University
under the direction of Gerhardt A. W. Mueller to prepare a study of the
standard minimum roles for the treatment of prisoners with a possible
redraft ofthese rules.
‘The General Secretary met on several occasions with the research as-
sociate conducting this study for the purpose of proposing modifications.
he Geneval Secretary also met with Mr. Shikita, acting officer-in
charge of the Social Defence Section, at his request, to aid in the planning,
for this Congress. The most recent meeting focused on some of the
mechanical aspects of housing and transportation for the delezates
tending the Conference. Previous meetings were devoted to the develop.
‘ment of small informal group meetings as part of the Congress when
special interest groups might be able to get together to exchange informa-
tion and ideas,
At the request of Mr. Alexander, the General Secretary met with the
United States correspondant to the United Nations, Mr. William Cl
ford, Executive Secretary, The Fourth United Nations Congress om the
Prevention of Crime and Treatment of Offenders, to discuss the develop-
‘ment of the national paper for the United States. Since we were in the
Process of preparing the chapter on Correction for the bi-annual publica-
tion of the Council of State Governments, The Book of the States, it was
suggested that this chapter might form pat of the national paper for the
United States at the Kyoto meeting,
THE INTERNATIONAL PRISONER'S AID ASSOCIATION
As a member of the Board of Directors of the Intemational Prisoner's
Aid Association, the General Secretary attended the meetiag of the
Board to make preparations for the Quinquennial Congress conducted
0
by the United Nations. The IPAA holds consultative status as a Non-
Goveramental Organization with the United Nations, and to a great
extent is responsible for having a section devoted to volunteers and
voluntary organizations in the prevention of crime and treatment of of-
fenders as part of the full United Nations Congress Agenda.
UNITED NATIONS — NGO STATUS
‘The General Secretary was advised by the NGO section of the United
‘Nations that the status of The Howard League for Penal Reform, the
organization the General Secretary represents in the United Nations, was
up for review and that he should remain alerted to appear before the
reviewing committee of the Economic and Social Council, We were
subsequently advised that the status of the Howard League will remain
a it has been in the past with category two representation.
This review of all NGOs in the United Nations resulted from dis-
closure that United States CIA money was being given to private
‘organizations which might have United Nations status. Subsequeatly,
the Near East situation created another reason why the socialist coun
tries. wanted to review all non-governmental organizations connected
with the United Nations.
ANGLO-AMERICAN CONFERENCE ON THE
CRIMINAL LAW AND PSYCHIATRY
At the suggestion of Mr. Louis Warren, member of the Executive
Committee of The Correctional Association of New York and President
of the American Ditchley Foundation, the General Secretary met with
Mr. H. V. Hodson, Provost of Ditchley, and the Rt, Hon, William F.
Deedes, Conservative Member of Parliament to propose an Anglo-
American Conference on Criminal Law and Psychiatry. The idea of
such a conference grew from the General Secretary’s growing concern
‘over conflicting points of view of criminal responsibility and the dis-
position of individuals with severe psychiatric problems convicted of
criminal behavior. Both the Provost and the Conservative Member of
Parliament expressed a great interest in the concept, The Rt. Hon. Wit:
liam F. Deedes cited the present situation in the United Kingdom on the
issue of capital punishment. Since the temporary suspension of the death
penalty in the United Kingdom, there has been a marked decrease in
Pleading of diminished responsibility by defendants charged with homi
ide. A finding of diminished responsibility automatically means com-
mitment to a mental hospital for life. Since the criminal conviction for
homicide carries as a maximum penalty a life sentence which in effect is
only seven years in the United Kingdom, the Conservative Member of
n
Pacanent fouls that there may be a numberof indvidals who, to
le he comunity, shoud be in natal boapa forthe es of hee
ves, who have been Cimiaally eonvited ans parle
after only seven years, * ine es a
‘The Provost indicated the matter of such a conference would be
brought to the attention of the board as a topic for 1971.
THE WORLD COUNCIL OF CHURCHES
‘The Word Couns of Churches is plamng a constaton on “Penal
Poles inthe middle of Jone, 1970 a he Cheten Se age Satan
ind. The aim isto bring togsber people conrad wit ten es
in emia administration, chaplaincies, aftercare, psychology and
ines
Tee Natonl Cou of Chucho has asked he Genera Secretary to
attend as an American representative from the National ‘une
Churches and the Correctional Association. Sonal Couns of
While the meeting wil be of anger dation, the format flows tat
ole Disey Foun in England hr atl manta pa
Sein (approximately $0 intraional church ected protege
be closeted for a week at the World Council's lasttute at the Chateau
& Basiy in Celi Szrand As tease t mot incon
conferences tee vil be smultanous translations i eee
and German. maim aaa
RECRUITMENT OF CORRECTIONAL PERSONNEL IN JAPAN
Minoru hikta,Promice Japanese Prosecutor, presently on lave cf
sbsene as Acting Oterin-charge, Socal Delos Sion, Ug
tions, fo work on preparations forthe Fourth Unied Natooy Coat
{B55 8 Crime and Delnqucaey, met stthe rajuest of hit Governed
wih the General Sccetary for ssatance i the seein of ee
onal personnel. Similar ‘othe station in the United Stes ees
ide aficuly in reeuting law enforceient personae i Tapan, bet
problems are being expecnced in ebainng qualifed ened cerees
tonal workers. We explained some of the efforts bing tad here tc
ate Sats orig beter quid inivauals o e ed'n ts
ining efforts to improve the qualiy of personal aaty copiers
We provided Mr, Shika with pubiaton ofthe Commission ou Cox,
scdonal Manpower and Training which succinctly dessnbad te oor
tection manpower situation inthe county and propel number et
Sep toimpove
FOREIGN VISITORS
ENGLISH MAGISTRATE.
“The Associaton met with Mrs. Margaret Richardson, a Magistrate of
Lona Tvaie Cau, who We had revolt EVO Jets 49,
al cdarfanged progam of vstaion to various do
At that ti case! Divton on Rikers Island and programs of the
camer oath The visis were inerpted unexpectedly by ines.
Miedo ao cet be ving the ated Ses
_Richaron ke tows thowe faces se was ule to ste two
ea ei esky Assocation fo revommend possibilities of
Sear er sntary work with this City’s Correctional Department, preferably
wrth aolessens
SUPREME COURT JUSTICE FROM SOUTH APRICA
° time with the Honorable
The Assocation was pissed to spend some
Mae een, Steyn of the Supreme Court of South Altea dix
Me. te sca restom and preven techniques being used
ited States, :
ae ne inng ofthe Suer Cana, ships which previously sed the
canes Ge pang around the Cape stopping t Capetown, South
Care a tee shi ae crying Mzal Urs a3 2 cose-
Ala ony origin Sou Afric ae bevomingcomseried Ovt 38
Seen ay heroin in tat coy. "Te problem of maja,
Here ee tor some tine paeially omong te Sou Aftcan
er puiten, Thee ne soy nos cote a5 ses
Nero poplin macuruns The big concer, however, over the
eee ein rin usage de wo sester aval of the dev
posible incre Stan, Tue Steyn seeking help im developing #
revelon program forbs cout. :
Prevation Pr Stee with various mates on bot ce treatment
an eres of nrc wition afr explaining tha at de present
Siam ofthe comply ofthe oben ze seams fo #2
or Reatmet ot preven. We pointed oa
1 ay inthe we of exact (talk wi Nob
Sug in order to remove fom
CANADIAN VISITOR
, airman of he
"Aseiaton was vnted by Marin Pakzr, the Chainan of the
cs Ait Oe ce Minis of utes, Onto, Canada, Cant
B
is starting to implement a new program of work release and Me. Pinker
was interested in any material which the Association had on this sub-
ject, Hie was especially interested in specific administrative details such
fs what to do with the earnings of inmates in such a program. He was
informed that usually earnings are held in escrow while the individual
fs in prison and his family continues on welfare, At the time of his re~
lease, there would be one reimbursement made to welfare from the
aceried earnings,
ASSISTANT PROFESSOR, INSTITUTE OF CRIMINOLOGY,
UNIVERSITY OF OTTAWA
The Association was contacted by J. Alex Edmison, an Assistant
Professor of the Institute of Criminology at the University of Ottawa
who is presently working on a book on the history of the Canadian
Prison System. He was interested in obtaining information on the early
history of Auburn and its relationship to the development of theCanadian
Penitentiary System, The Association was able to supply him with a
treat deal of specific information and written material as well as some
ld, rare volumes from the Association's library.
INSTITUTE OF LEGAL MEDICINE — GENEVA
One of the Correctional Association's correspondents, the Fondation
ses Foyers Feux Vert, a Swiss organization providing residential treat-
ment programs for juvenile delinquents, asked us to prepare a program
of visitation for Dr. Taeques Bernheim. Dr. Beraheim, Professor of Legal
Medicine of the University of Geneva and Chief Psychiatrist of the
Swiss Corzectional System, Visited the Association to discuss the psychi-
cic treatment of dangerous offenders. Dr. Bernheim visited the Clinton
Diagnostic Center at Dannemora and met with Dr. Fini, Director of
the unit. We further arranged for Dr. Bernheim to visit the New Jersey
Diagnostic Center at Menlo Park and to meet with Dr. Ralph Brancale,
the Medical Director of that facility
Dr, Bernheim expressed a great deal of interest in the work the As-
sociation was doing in the ficld of addictions, particularly our current
effort to have the United Nations focus more attention upon separating
auicted individuals from the present criminal prosecutory procedure.
GOVERNOR OF ENGLISH APPROVED SCHOOL
Mi. G. B. Tumer, Governor of an Approved School in Knotley Hall,
England, spent several days with the Association and on visits and trips
arranged by the Correctional Association. This was Me. ‘Turner's second
visit to the United States and be wanted to update his knowledge of
4
{acilities and programs being conducted for delinquents in this country,
Visits were arranged to the Stanley Sheppard Home of the Di
for Youth and a School for Boys in Brooklyn, Mr. Turner also sat in
on proceedings in the Family Court and Night Court as well as a tral in
‘Supreme Court. He commented om the great difference in courtroom
decorum in the two eity courts compared to what he was accustomed
(0 in English courts
At his specific request, Mr. Turner was also referred to @ parole
‘officer to accompany him 'on home visits
THE CORRECTIONAL ASSOCIATION'S
DIRECT SERVICES
”
EMPLOYMENT AND RELIEF BUREAU
‘One of the three basic tenets on which The Correctional Association
of New York was founded 125 years ago was “the support and en-
couragement of reformed convicts after their discharge by affording
them the means of obtaining an honest livelihood and sustaining them
in ther efforts at reform.
While continuing in the attempt to achieve this goal through the
ffots ofits Employment and Relief Bureau, the Association added a
‘new dimension to its work with ex-offenders,
MULTILITH TRAINING PROGRAM
In spite of continuing bureaucratic problems with implementing the
contract on the Association's training program in offset duplicating
machine operation, twenty individuals had entered the program at the
end of 1969, Because March 31, 1970 is the cut-off date for the state's
fiscal year, and the (otal on-the-job-training is sixteen weeks, mo more
individuals can be trained ander this eonteact.
Preliminary results of this program are quite encouraging. Of the
twenty who started training, ten successfully finished the institutional
phase. Two of the remaining ten found the program inappropriate and
Gropped out, two had to drop becavse of illness, and two were rear-
rested, one for a new offense and one for parole Violation. The where-
abouts of the remaining four are unknowa. Of the ten who successfully
completed the initial taining phase, seven were placed on jobs. Of
those, one had difficulty with his supervisor because of is criminal
record and left to get a job of his own, one was rearrested as a parole
violator although his work record was excellent, one simply could not
adjust to the work required of him, and four are still successfully em-
Played as multiith operators. The Association has further learned that
among those individuals who did not successfully complete the Associn-
tion’s training program, one succeeded in obtaining an excellent job as
‘© mlllth operator through a relerral made by the Correctional As-
sociation,
The General Secretary started discussions with the Stato Department
of Labor on a mult-skill training program for ex-offenders to begin in
the Fall of 1970. Such a program is especially necessary owing 10 the
termination of the Division of Parole’s highly successful Program De-
velop whose $180,000 budget fell prey to this year’s govetnmental
economy move. Since individuals with criminal histories are autor
cally exciuded from many, if not most, of the vocational training
Programs available, such a program conducted by the Correctional
Association would fill a very pressing need.
78
EMPLOYMENT AND RELIEF BUREAU
STATISTICAL REPORT
ANNUAL REPORT
1969
Different men interviewed 869
[New York State applicants
Probation applicants
(Out of state institation applicants
Relatives of inmates
Other interviews
Applicants provided with employment
“Total night lodgings provided 125
“Applicants given cash for carfare, ols, food, and shelter 1053
14
1s
n
953
44
‘Total relief given for food, shelter,
‘cash and employment $16,500.77
FAMILY SERVICE BUREAU
“The Correctional Association of New York has tong been aware that
those ‘who are truly punished when a man is sent to prison are Mt
family members. who are left behind. The man is clothed, 8,
‘Galred. Even his recreation is provided. The family, on the other
Hand, usualy left without any means of support forced to dspend of
Uanbc welfare assistance. Often there are expenses which were inoue
nls dhe husband was bome which have to be paid in some way rot
the wellae chock. Most important, the woman f eft alone wit
‘eka responsibilty of preserving a family unit and wit
Grew upon for sympathy, understanding and support.
"The Family Service Bureau has a two-fold function. Ya dis ime
ensinking welfare allotments and rapidly rising living costs, the Fam!y
See areau provides small amounts of money 10 mect emerger
role and probation ofces 20!
MPG fice or releres ques
“Toa ad pone converan wi
EUR ST Ste ow
9
and to cover the items not included in welfare. Tradionally, the Assoc
tion has considered it most important that the family be able to visit
the man while he is in prison and retain some kind of continuity. With
the change in the state welfare laws in Tune 1969, the supplemental
amount to visit institutionalized relatives was eliminated. For a woman
‘who docs not have a friend who can drive her 10 the prison, this would
‘mean being completely shut off from any personal contact with her
husband. For the child, it would mean not seeing his father for years
‘nil he finally came home, by then a complete stranger. The Family
Service Bureau has attempted to fill this need for its present clients by
paying for prison visits ranging from once a week to an institution as
close as Sing Sing to once a year for a vist to the Federal Penitentiary
in Atlanta, Georgia.
The Family Service Bureau serves another and pechaps even more
important function, It isin that office that the women can discuss prob-
lems which they can share nowhere else, Tt is here that they can talk
about their fears, theie doubts and their loneliness — for everyone of
them is lonely. Problems that cannot be told to a husband (who is
impotent to help), to friends who don't want to hear, and to families
who too often disapprove and turn their backs, can be brought to the
Family Service Bureau office.
In the 63rd Annual Repost of the Association for the year 1907,
Samuel J. Barrows, President of the International Prison Commission,
‘wrote: “In spite of the fact that we profess not to punish the family
for the acts of its members, that is what we ate doing all the time, The
prisoner's family not only has to bear the mental suffering which comes
from the wrong doing of a member, an economic burden is often laid
‘upon the family greater then it can bear. The prisoner himself is sure
of plenty of food and shelter; he will not receive any notice 10 quit
because he cannot pay his reat. It is the wife, the mother, the children,
who suffer in this way. The family had been living close to the margin
of comfort; it has no accumulated resources; it depends upon the labor
‘of the husband or father, and when this is withdrawn, itis plunged into
poverty and destitution
“Under our present legal system we are punishing the family-in many
cases much more than we punish the offender.”
‘The Family Service Bureau attempts to ease that mental and economic
burden and to lessen the unsought, unjust punishment.
STATISTICS FOR FAMILY SERVICE BUREAU
FOR 1969
Families in active category January 1, 1969
New Cases accepted
Cases reopened
‘Total number of cases during year
Cases closed
‘Families in active category December 31, 1969
‘Total amount of financial assistance $6,029.85
Families provided with Christmas dinner and toys 2B ‘THE ECTION: 5500
rea CORRECTIONAL ASSOCIATION'S
Cildren seat to summer camps 8 H LEGISLATIVE ACTIVITIES
83
‘The Association has been analyzing and evaluating bills introduced
into the Legislature relating to the administration of criminal justice
throughout its 126 years of existence. Following the study of all bills
embracing our field of interest, the Association may register support or
‘opposition with the chairmen ‘of the various committees to which the
bills have been referred and with individual members of the Legisla-
ture. When a bill has been passed and forwarded to the Governor, the
Association continues with written epproval or disapproval.
From time to time we elicit the support of other organizations with
a legislative interest or may join with them in a concerted effort of
support or opposition.
“This the Association has done throughout its history. 1969 was no ex-
ception
‘On January 8, 1969, the 192nd Annual Session of the State Legisla-
tare was convenéd. The legislative work of the Association had started
number of weeks before examining many of the prefiled bills which
‘numbered 1,003 in the Senate and 1,764 in the Assembly. By the time
the session was adjourned May 2, 1969, over 5,701 Senate bills and
7,212 Assembly bills had been introduced. While a large majority of
ese wore ia areas outside the interests of the Association, it was
necessary for us to review the summary of every introduced bill in
‘order to determine those which were of concern to us. The actual bills
of interest were ordered from the Legislative Index and studied in detail
to determine whether or not the Association should include them io,
those on which a major effort was to be exercised. The following are
some of the bills on which the Association focused its attention during
the 1969 Legislature:
ASSEMBLY INTRO. 19 STATE COMMISSION OF
‘CORRECTION
‘This bill, intcoduced on behalf of the Association provides that the
‘State Commission of Correction be removed from the direction and con-
‘tol of the Commissioner of the State Department of Correction. Passed
Assembly but died in State Penal Institutions Commit,
SENATE INTRO, 4628 TEMPORARY COMMISSION ON
REVISION OF THE PENAL LAW AND CRIMINAL CODE
This bill continues the Temporary Commission on Revision of the
Penal Law and Criminal Code until March 31, 1970. This the Associa
tion approved. Now Chapier 542 Laws of 1969.
ASSEMBLY INTRO, 1310 ABORTION REPEAL
This bill repeals the provisions probibiting abortions. ‘This bill the
Association supported. Failed of passage.
84
ASSEMBLY INTRO, 3473 ABORTION REFORM
This bill amends the public health law and the penal law and adds a
new section to the public health law to authorize physicians and sur-
{geons to lawfully perform non-criminal abortions if approved by a
hospital abortion committee or authorized by court order when there is
‘medical evidence of a substantial risk that continued pregnancy will
‘endanger the life of the mother, or would gravely impair her physical
‘or mental health, or medical evidence of a substantial risk that the
fetus would be malformed or have such abnormalities as to be perma-
rently incapable of caring for himself or that pregnancy resulted from
rape of incest or that the mother was unmarried and 15 years or less.
‘This the Association approved. Defeated on floor of tiie Assembly at
third reading,
SENATE INTRO. 4646 WORK RELEASE.
‘This bill added article 26 to the Correction Law to require the Cor-
rection Commissioner to designate institutions for the conduct of work
release programs wherein inmates eligible for release on parole or who
will become eligible within one year may be granted the privilege of
leaving the institution premises for the purpose of education, on-the-
job training o employment. Supervision of the work release during
icipation to be by the Division of Parole. This the Association
patti
approved. Now Chapler 472 of the Laws of 1969.
SENATE INTRO. 3714 CERTIFICATE OF RELIEF
‘This bill amends the Correction Law to allow the court to issue 2
certfcate of relief from disabilities to first offender who had been
certified to the care and custody of the State Narcotic Addiction Control
Commission. It further authorizes the Commission to issue certificates
Of relief to frst offenders who are in its care and custody pursuant 0
a sentence of the court. This the Association supported. Was recom-
mitted to Penal fnstitutions Committee for 1970 session.
ASSEMBLY INTRO. 2425 LEGAL CUSTODY OF
PAROLEES
‘This bill amends the Correction Law to provide thet persons oo
parole outside af prisons shall remain in the legal custody of the Board
of Parole instead of the warden of the prison from which he was rc-
leased. This the Association supported. Now Chapter 270 of the Laws
of 1968,
ASSEMBLY INTRO, 1383 SEX OFFENDERS
‘This bill amends the Correction Law to provide that when a prisonet
Ihas boen sentenced upon conviction of ceriain sex erimes against chil
85
ASSEMBLY INTRO. 6408 TRANSFER OF INMATES
‘This bill amends the correction law to
only persons convicted of a felon
ASSEMBLY INTRO, 2918 CRIME VICTIMS
COMPENSATION BOARD
This bill amends the Executive Law to authorize the Crime Victims
CCanpensaton Board to got emergency eat sso
supported, Now Chapter 726 ofthe Laws of 1969,” Aussation
ASSEMBLY INTRO, 6641 GUN CONTROL
‘This bill amends the penal law and adds a new section to
ww section to create a
rile and shotgun control board to license and regulate sale, disposition,
‘ownership and possession of rifles, shotguas and ammunition, It makes
provisions as to licensing and licenses, an appeal board and declaration
OF ownership and crite of epson This he Asses
Ported. Failed of passage. . ~—en
ASSEMBLY INTRO. 4919 NARCOTIC SALES
This il amends the penal law to make a person gully of ci
sling arco drugs in the Rat degre when he el hart dees
<onsting of one or more Preparations wth an agreate weight of ho
ees Or more containing hein, morphine or soca, ato pre
pare opium, The pea i ed fon cass A tleny. Tie fs Ane
on syppored Now Chapter 787 of the Lans af 1905,
felony, 4 Class B felony. This the Associa-
ion approved. Now Chapter 788 of the Laws of 1969,
86
ASSEMBLY INTRO. 5904 MARIJUANA ;
"This bill amends the penal Taw to except marijuana from the defini-
tion of narcotic or dangerous drugs and places @ maximum penalty to be
a fine of no more than $15.00 for possession of marijuana. This the Asso-
ciation supported. Failed of passage.
ASSEMBLY INTRO. 5478 DANGEROUS DRUGS
“This ill amends the Penal Law fin the dein of
daagerous drugs for the purpose of criminal possesion or sale ol
atitana andJefincs the weld of mixtures of number of cigaets
ti ike basis for various penalties. Ths the Assocation disapproved.
Fale of pusage
n 1 SALE OF DANGEROUS DRUGS
ASSEMBLY INTRO. 335 SDRUGS
P on is guilty of
“This bit amends the penal law to provide that a person is gully
ccm sling dangerous drugs ia the Sst depee when be now
Seay and unlawhly sels a dangerous sized of a narcote drug (02
peda ese Uan 21 years of age. This the Assocation disapprove
Pied of passage
TRO. 1813 MANDATORY PENALTIES
ASSEMBLY INTRO. 18: ENALTIES,
“This bill amends the penal law to requise that when a person is eon
vicied ofa crime of criminally seing dangerous drugs i the ft, So,
fond or thitd degre, the court shall fix a minimum sentence of at leas
'5 years and if convicted of the same offense for the second time, of a
least 10 years with no such person to be placed om probation or 0 be
eligible for conditional discharge for the period of minimum sentence,
‘This the Association disapproved. Failed of passage.
ASSEMBLY INTRO. 1506 CRIMINAL SALES ;
“This bill amends the Peual Law to make a person guilty of eri
inally selling dangerous drugs in the first degree when he knowing
and unlawfully entices a person less than 21 years of age to use narcotic
‘drugs and changes {rom a Class B felony to a Class A felony the act of
Criminally selling dangerous drugs in the first degree. This the Associa
tion disapproved. Failed of passage.
SENATE INTRO, 1450 DEATH PENALTY
"This bill amends the Penal Law to require that when a defendant has
been convicted by a jury of murder, the court shall promptly condo
1 further proceeding to determine whether defendant shall be sentence
87
to death in liew of imprisonment for a Class A felony if satisfied that
at the time of the commission of the murder the defendant was engaged
jn the crime of robbery or attempted robbery. This the Association
Uisapproved. Failed of passage.
SENATE INTRO. 1142 DEATH PENALTY
This bill amends the Penal Law to provide the death penalty for a
person convicted of murdering a fireman or volunteer fireman when the
Iaiter was in the course of performing official duties. This the Associa.
lion disapproved. Failed of passage.
SENATE INTRO. 910 DEATH PENALTY
‘This bill amends the Penal Law to provide that where the victkm of
‘crime was a person who was killed while aiding a police officer in the
course of performing his official duties, the court shall conduct pro-
ceedings to determine whether the convicted defendant shall be sen~
‘enced fo death in lieu of being sentenced to imprisonment for a Class
A felony. This the Association disapproved. Failed of passage.
ASSEMBLY INTRO. 1812 JURY RECOMMENDATION
FOR LIFE IMPRISONMENT
This bill amends the Penal Law to provide that when the defendant
has been convicted by a jury of murder, the court shall sentence the
defendant to death, unless the jury recommends life imprisonment. It
slso contains a provision to include causing the death of another by
recklessly engaging in conduct creating grave isk of the death of an-
other person. This the Association disapproved, Failed of passage.
ASSEMBLY INTRO. 4463 ESCAPE FROM CUSTODY
‘This bill adds a new section to the Penal Law to provide that when
defendant has been found guilty of murder after a trial, and. among
other things, the defendant was in immediate fight from confinement
or eustody, he shall be sentenced to death instead of having the court
conduct further proceedings to determine whether he should be sen-
‘enced to death, This the Association disapproved. Failed of passage.
ASSEMBLY INTRO. 4897 JURY RECOMMENDATION,
FOR LIFE IMPRISONMENT
‘This bill amends the Penal Law to provide that when the defendant
hs been convicted by a jury of murder in the first degree, the court
shall sentence the defendant to death unless the jury recommends life
‘imprisonment. This the Association disapproved. Failed of passage.
88
SENATE INTRO. 3051 PROSTITUTION
‘This bill amends the penal law to make prostitution a Class A mise
demeanor instead of a violation. This the Association disapproved.
Failed of passage.
ASSEMBLY INTRO, 1642 PENALTY FOR PROSTITUTION
‘This bill amends the Penal Law to make prostitution a Class B mis-
demeanor instead of a violation, This the Association disapproved. Now
(Chapter 169 of the Luws of 1969.
ASSEMBLY INTRO, 5611 PROHIBITION OF PROBATION
This bill amends the Penal Law to provide that the courts shall not
impose a sentence of probation when the defendant has been convicted
of criminal possession of dangerous drugs in the frst degree. This the
‘Association disapproved. Passed Assembly. Recommitied to Senate
Codes Committe for 1970 Legislature.
SENATE INTRO. 4342 PROHIBITS PROBATION
This bill amends the penal law to provide that the courts shall not
impose a sentence or probation when the defendant has been convicted
‘of criminally selling dangerous drugs in the second degree. This the
‘Association disapproved. Recommitied to Codes Committee for 1970
Legislature,
SENATE INTRO. 2905 DRUG MAINTENANCE,
This bill amends the mental hygiene law and the public health Jaw
to direct the mental hygiene commissioner to make rules and reguls
tions for the certifcation of physicians competent to treat narcotic
addicts and to certify physicians who shall have the power to describe
‘and administer narcotic drugs to addicts, This the Association disap
proved. Failed of passage.
SENATE INTRO. 2903 DRUG MAINTENANCE,
‘This bill amends the public health law to provide that restrictions
on the sale of narcotic drugs shall not discourage or prevent a
physician from caring for persons in need of such drugs even thougi
addicted to these drugs nor subject the physician to penalty, fine, dis-
Cipline or forfciture of license for prescribing drugs to addicts. This the
‘Association disapproved. Failed of passage,
ASSEMBLY INTRO. 5962 GUN CONTROL
‘This _mult-sponsored bill amends the penal Inw and adds a now
section to provide that no person shall own or possess 2 rifle or shotgun
89
unless ie tthe older of am idelication card whic sh
jon card which shall be assed
tor any lawful purpose to every elighe panos ove
specie the qualifeaions which prohibit te isuanse ofc ford.
tion; it makes other provisions as to prohi a
shoigns to tiers than licensed decfes
‘and those with identification
cards. This the Association supported. Fal ie
odo pase.
ASSEMBLY INTRO. 351 GUN REGISTRATION
Ths bil adds fo the Poa T i i
‘ 20 now secon establishing in
Dison of State Plc a cena egston teat fe eee
Son of sles and shotguns. Tt also probe
hibits persons Srom owning or
pesssing are or shogun unles he holds eperatns congce
‘herefore. This the Association supported. Failed of passage,
SENATE INTRO. 2901 MARIJUANA
‘This bill adds a new section
of criminal possession of a na
ton teat nd ponent
vison to be given 2 warn
‘vo years fom te date of ths ing
anest rnlting in sich at con
‘eyed This the Asbsiation supported. Fale ot snc
:
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[
APPENDIX “A*
PORNOGRAPHY
“...( There are] noinherentrightsin the individual to voice his
thought in public speech or in writing, When a man becomes
articulate he must answer to the state, and if he be a Catholic,
tothe church. Consequently, the state and church may regulate
the public expression of thought." From the Catholic Encyelo.
pedia.
“Congress should make no law... abridging the freedom
of speech, or of the press, ... First Amendment to the Con.
itution of the United States of America
‘Until the very recent past — the last 200 years — censorship's main
use was to protect the established political and religious orders. Control
of pornograpley was unknown.
‘All moral standards are relative to a given society and a given point in
time, That which is immoral is that which a particular society defines as
‘immoral, Such a code of behavior is binding only upon those over
‘whom that society exerts jurisdiction. “It was a technical impossibility
to be [pornographic] in Chaucer's time. [Pornography] is a violation
of social taboos, and S00 years ago those taboos did not exist with a
sufficient degree of intensity or strength to make their violation
criminal."
Until the 16th century censorship of any type was sparse and spo-
rac, It was exercised primarily by the Roman Catholic Church which
has been for a thousand years the leading political as well as religious
force in western civilization. Official Christian censorhip began. at the
Council of Nicea in 325 and continued through various councils and
papal decrees which banned certain books and teachings. These were
without exception issues of heresy directed against such individuals as
Abelard, Wyclif, and Huss?
‘The growth of censorhip exactly parallels the growth of printing
and a literate middle class. The offical rigid Roman Catholic censor-
Ship dates from the Counter-Reformation Council of ‘Trent followed in
1557 by the Index Liborium Prohibitorium, a list of books which the
Prepared by The Correctional Assocation of New York, December, 1969
{Joho P. Frank, “Obscenity: Some problems of values and the use of experts”
bscenity, the Law and the English Teacher, two papers by John P. Frank and
Robert F, "Horgan. ‘Champaign, Ullsois, National Covacll of Teachers of
English, 1966,
= Nonman St. John Stevat. Obscenity and the Law. (Secker and Warburs,
1956) p. 260.
a
2
in existence today.
faithful could act though the means ot
Teonsed pining compas
t X “censorship in advance.
‘ean ented, In England,
‘Saioner Comp
te, HOWeNE,
rang matics of ext
the sy
REM Soa coi ocmulpenucnt ie Suey =
aan peat In Aveopagiia, John Miton wrote :
ii Sota nn he
eer os
St er Set ps eo
cream kets aon
to Teammed men, Kc hinders the discovery of new truths and
makes exisine ig thomselves and in secking poblic uly
ess, 1960)
—FRapat Dowas (ed.), The Firat Freedom, (Chicago: Chicage Press, 136
a tooks (Cleveland: Cleveland World Publishes
1968)
4 Alec Craig, Sunpresed Bi
rr
fT, Mestener, 1961)
Sipavid G. Loth, The Erotic in Literature. (New York: T. Me
65.
p
“bi. p. 82-8.
93
through uniformity rather than diversity of thought, it de-
slroys the very hallmark ofa free society."
‘The restoration of the Stuart monarchy brought with it a restoration
of the pre-Puritan moral code and the licensing law was allowed to
lapse.
The effects of public opinion are often difficult to locate. In the area
cof legal control of morals, however, the controlling force is obvious.
When the politial and moral excesses of the restored Stuart kings
‘exceeded what the public would allow, those kings were deposed and
others invited to take their place, "The role of a large and literate
middleclass as part of the industrial revolution in England ... heralded
the popular reaction against the literary freedom of the two previous
ccenturies."=
The shift in popular attimde brought along with it a shift in legal
Snterpretation, In 1708, the first ease concerning obscenity in print was
Deard, The government argued that obscenity was a common law
‘time. Judge Sir John Holt, sitting in this case, declared that obsceaity
was not punishable under either common or statute law. If it existed
8 a crime anywhere, it was probably under ecclesiastical jurisdiction?
Seventcen years later in 1725, the case of Rex v. Curll stated that
obscenity was punishable by the courts as 2 common law crime in that
it violated the king's peace and threatened public order.1°
In spite of these cases, the only prosecution during the 18th century
was a booksoller for selling an unauthorized version of Fanny Hill
‘whieh had been bowdlerized in reverse by the addition of some highly
descriptive pictures.”
The force of the changing public opinion, however, continued to
make itself fet. “During the 18th century a‘iterary? reading public
merged and replaced the private patron as the arbitrator of taste.”"*
‘This had the effect of controlling plays performed in the theatre and
books published and sold through withdrawal of patronage and lack
of consuming public.
Fanny Hill, which enjoyed a period of intensive popularity for sev
eral decades after it was published in 1748, was finally driven under-
Joho Milton. Areopesitica. (New York, Payson and Clarke, Lid, 1927)
Pie
Harford Montgomery Hyde, Hltory of Pornography. (New York: Farrat,
|) Straus and Giron, 1965), p12
Leth. Erotic in Literature, p- 19S.
1 Americen Law lnsitute, Model Penal Code Tentative Draft No. 6. p5.
oth Ertl in Literatur, p. 104.
81 JohnStevas, Obscenity and the Law, p18.
"SLoth, Erode in Literature, p. 103 - 104
94
: oe
rod ble hich complished te supe f=
ent, tm Cah ls phn at he
oun ee er Comal ote tk
ber wa sg a
erm on aang pte pw Se
ia sant eg eco
sneer aoe Sere
Sa ets of Engin’ by Bishop Wiese”
tii he Cacho Ea ae Sen
pacer fiscovered that obscenity violated
Rene east
fo
oven yas nr
Swe ih se el
me r rd Cockburn was
sain Rot fouled by Chit Sse Lo >
nt Hin oe cen els be dened BY & Sm
merce 0 ea tec for becnty woud be he eft &
segs and te den ths mind of susceptbe vidal ato Whos
om, ebek niet aL
rupt those whose minds
‘whose hands a publication of
ae (London: Clive
sy (el). baie on the Bok Fre Lami
ae Se T. i,
ne ren Obey ond te a3 _
tr lin Ama aw Rede Ob
ome Ay. sn alegid
Sc ety te Fry Peto (Cin: Ces es
Sse Mort lation 2,
hae Helin. 3039,
95
‘The frst obscenity case in the United States was the Commomeealsh
(of Penn) v. Sharpless in 1815 which involved the exhibiting of
obscene paintings in private homes2* In 1821, the United States
formally adopted the English common law, The’ first case involving
printed material tried under this law came in Boston in the same year
And involved the classic of pornography, Fanny Hill?"
‘in 1840, the fist Tariff Act in the United States authorized Customs
officers to confiscate obscene material being brought into the United
States from abroad.##
“The first obscene literature suppression statute to be enacted any-
where in the United States came out of New York State at the behest
of the YMCA in 1868. This law attracted the attention of Anthony
Comstock who volunteered his services to the Y to insure its enforce-
ment By 1873, Comstock was head of the Society for the Suppres-
sion of Vice and was suocessful in lobbying for the Federal Anti-
Obscenity Law which bears his name. (This is the only Jaw in the
history of the United States Congress to bear the name of an individual,
not an elected member of government.) While the first paragraph of
the law has to do with “every obscene, lewd, lascivious, of filthy book,
pamphlet” etc., the next five paragraphs have to do with articles “for
preventing conception or abortion, or for any indecent o¢ immoral
purpose.” All such material was to be banned from the mails.®*
In 1879 the United States Courts adopted the Hicklin Rule as a
definition of what was legally obscene 77
in the same period, the Roman Catholic Church which had histori-
cally been more concerned with printed heresy than with obscenity,
formally updated the Index Liborium Probibitonum. In the Offciorum
‘Ae Munerum, the constitution concerning the prohibition and censor-
ship of books promulgated by Pope Leo XIII in 1897, the church said:
Lath, rote in Literature. p. 120.
Downs, The Fiat Freedom. . 81
The Sst alempt to use the Usited States malls as an agent of censorship
United States mail Congres else fo pas the suggested bl which would have
sllowed the Post Office fo refuse to deliver and even destoy certain mal 2
James C. Paul and Murray Schwartz. Federal Censorships Obscenity in the
Mal. (New York: The Press of Glencoe, 1961). pp. 77-7
Leth, Erotic in Literature. 143,
bid p. 121
317 Stat. $98 (U.S, Code). 258.
Charles Rembar. The End of Obscenity (New York: Random Howe, 1968).
96
“Chapter IV — Al obscene books.
9. Books which profess, treat of, narrate, or teach lewd
‘or obscene subjects, are entirely prohibited since care must be
taken, aot only of faith but also of morals, which are easily
corrupted by the reading of such books.”
‘The first revision of the Hicklin Role came in 1913 in a decision
written by Judge Learned Hand in a case involving the mailing of =
Mvel Hagar Revelly. Hand felt that the concept of obscenity was a
Taative cae and that no absolute criteria could be laid down for mens
‘ting it, He stated
“The rule as laid down, however consonant it may be with
rmid-Vietorian morals, does not seem to me to answer to the
Understanding and morality of the present time. .. If there
be no abstract definition, such as J have suggested, should sot
the word ‘obscene’ be allowed to indicate the present critical
point in the compromise between candor and shame at which
{he community may have arrived here and now?”
He continued to say, “(the rule] does not seem to me to answer
to the understanding and morality at the present time. ... Ik is no longer
necessary to reduce our treatment of sex to the standard of @ chills
brary."
The second major adaptation of the Hicklin Rule involved another
Judge named Hand. In the famous case of the United States v. Ulysses
in’ 1933, Judge Wolsey stated and Judge Augustus Hand on appesl
Confirmed that a book must be judged as a whole, not merely by
ftolaied sections; that it should be judged according to the eficet it
bad on the averuge person; and that the intent of the author had to
be taken into consideration.
With the exception of Ulysses, all activity was directed towards con
timaing and strengthening the already existing laws of pornography.
‘This period also ssw ap increase in the reading public and in
availability of books. The paperback revolution following World War
TT brought books within the reach of many who previously could not
afford o would not have been exposed to them.%*
in 1953, at the same time that Congress leislated the Post Office Act
which strengthened the already existing Comstock Law, President Eisea-
Pr Apostole Constitution of ..Lee XIIL concerning The Prohibition soi
‘Cemorihip of Books. Oficerum ac munerurs. 189
29 U.S. v, Kennerley. 209 Fed 119.
sid.
31S FS 182; 72F 24705.
1 Pal, Federal Censorship. p- 93.
7
heer ald fa am aden at Darou Coleg on te sb of
“Don't join the book banners. Don't think you are going to
conceal faults by concealing evidence that they ever existed,
Don't be afraid to go into your library and read every book,
as long as that document does not offend our ideas of
decency?
Serer hae
nee ee Son Ce es res ton Ore
i ie
Brennan, stated that the First Amendment was not intended to protect
Se ae ee
es ot ae ee eet
ies cy omens Fe tee er
‘through three cases involving D. H. Lawrence's Lady Chatterly’s Lover,
Henry Millr’s Tropic of Cancer, and John Clsland’s Memoirs of «
ie neia sone
“A book cannot be proscribed unless it is found to be
ely withot redeeming social val, Ths i fo eve though
the book is found to possess the requisite prutient appeal and
to be patcatly offensive. Each of the thres Federal Constitu-
tonal criteria is to be applied independently; the social value
% Rembar. The End of Obscenity. p.7.
bid pA.
"U.S. Roth, 354 U.S. 476
sem,
98
‘of the book can neither be weighed against nor cancelled
by its prurient appeal or patent offensiveness.
AX the same time that the Coutt handed dovin a decision on Fanny
Hill, it also entered a caveat in a case regarding Ralph Ginzburg
Ginzburg had been convicted of publishing obscene materials based on
three of his magazines, one of which was Eros. The Court upheld the
conviction, not on the quality and content of the magazines, but because
of the way in which the publications were promoted. The “pandering
concept” was not a new one, The way in which a book was sold had
for a long time been deemed relevant in obscenity cases. However, the
pandering concept would apply only when the material itself was on
the edge of illegality. “The context of the circumstances of promotion,
sale and publicity [might be considered] as an aid to determining the
question of obscenity. ..."8° The majority decided that “‘since the pub-
Iishers of the material ‘proclaimed its obscenity,’ the court below had
made no error when it accepted the defendant's own evaluation at its
face value..."
Pornography in the United States is a flourishing business. The Chief
Inspector of the United States Post Office estimated that one hundred
million objectionable publications went through the mail in 1966."
id shibboleths have fallen at an asiounding rate. am Curious (Yel-
Tow) is a far cry from the old Hays office regulation that if two iodi=
viduals were shown on a bed one of them had to have at least one foot
‘on the floor. (While there has not been a final court decision on this
fil, i is being shown in many states across the country.)
The sex novels of Harold Robbins and Jacqueline Susaane can be
ead with impunity by any small town ladies club member. The New
‘York legitimate stage features nudity and simulated copulation in show
after show. Che (which was raided) and Oh! Calcutta! (which was
not) are two of the most famous. Productions like these are lucrative
‘enterprises: seats in the front two rows of Oh? Calcutta! cost $25.00
apiece!
“Twenty-five cent nudie peepshows are found in approximately fifty
¢stablishmenis throughout New York, concentrated heavily in the Times
‘Square area." Sixteen mm, stag films are advertised freely in the news-
Paper and can be seen in any number of movie houses, Topless dancers
are old hat and bottomless ones recently won a court case in California.
ST Memoirs. Mase, 383 U.S, 413.
88 Ginzburg ». U.S. 383 U.S. 463
2 Rembar. End of Obscenity, p. 484
400. K. Armstrong. “Damning Cate Against Pornography, Reader's
LXXRVIT (December, 1965). p.
41 New York Times une 6, 1969.
99
‘The sexual freedom and underground newspaper movements merged
with a large dollop of hardheaded capitalism thrown in, in the publica-
on of tabloid-style New York newspapers devoted to sex. The execu
tive editor of Screw, the first of this field, estimates a circulation of
128,000 copies a week, Court cases are still pending on the legality
of these papers.
‘The problem being considered here is not to define “obscene” or
determine whether there is any such concept as obscenity. It is a much
broader problem of what the position of government should be in this
question. The theory behind criminal law has been stated many times
A thousand years ago St. Thomas Aquinas said, “private sin is different
from public crime, and only the Inter lies ia the province of man made
law." The American Law Institute has stated that “eriminal law is
not, and cannot be, a code of defining right bebavior.”®
‘The proponents of government regulation of pornography base their
arguments on the threat to public order and safety and danger to society
presented by obscene materials. Obscenity is believed to produce
“impure” thoughts and engender corrupt attitudes damaging to society;
(o foster eriminal or anti-social sexual misbehavior among adults; to
have an adverse effect on susceptible individaals; to present an Out
Tageous offense to many individuals though public exposure of
ite
‘Those who argue against government control of pornography observe
that “the only kind of morality the legislature seems to be interested
in (is) sexual moralty.""? Of the seven deadly sins only Lust has
Known government regulation. Opponents argue that any censorship is
8 pernicious evil to be guarded against. In his book describing the
tials of Lady Chatterley, Tropic of Cancer and Fanny Hill, Chaves
Rembar, the leading attorney in all of those cases, stated: “Sex and
literature, provided the fields on which the struggles recounted in this
book took place, but the war was wider. The true censor has objectives
beyond the masking of the erotic and the indecent.”* This argument
‘can be illustrated by an action of a superintendent of public instruction
in California, Both Soul on Ice by Eldridge Cleaver and Dutchman,
& play by LeRoi Jones, were removed from a suggested reading list 10
be used in a high school elective course on black authors. The reason
aiven for their removal was that any teacher suggesting these books
“Cited in Rembar. End of Obscenity. p. 199.
© ALL. Model Penal Code. . 8
“Poul Federal Censorship pp. 191-202. passim,
“© Rembar. End of Obscenity. p. 306
1a. p73,
100
‘would lose his credentials on the grounds that he had “assigned obscene
‘and pornographic reading,”*"
‘The Kinsey Institute has done several studies on the effect of por-
‘ography on both the normal population and on sex offenders. The
conclusion reached was that pornography Is not a significant cause of
sex crimes. Indeed it was found that in texms of his reaction to pornog-
raphy an individual convicted of a sexual offense had more in common
with a normal adult on his same socio-economic level than with another
sex offender from a different level. The control seemed to be level of
educatio
Wardell B, Pomeroy, one of the co-authors of the Kinsey Report and
2 Jeading researcher for the Kinsey Institut, stated in testimony in one
of the Fanny Hill prosecutions that pornography does not rank espe-
<ially high a8 a souree of sexual stimulus. Based on interviews with over
18,000 people, the conclusion was offered that sex criminals were les
often aroused from pornography than the rest of the male population.”
‘The Kinsey Report concluded that the group most susceptible to arousal
from erotic literature was the adult male especially ia the upper social
lass."
‘When dealing with the effect of pornography on the “average” adult,
the English historian, McCauley, stated “we find it dificult to believe
that in a world so full of temptations as this, any gentleman whose
life would have been virtuous if he had not read Aristophanes and
Suvenal, will be made vicious by ceading them.”*"
‘One of the primary concerns is the effect of pornographic material
‘on youth, “The rationale for the legal suppression of obscenity
‘that the consumption of obscene malier by
Research Center for Human Relations reviewing the existing litera
in this field, it was concluded that “in the vast research literature on th
causes of juvenile delinquency there is no evidence to justify the assump-
$7 New York Timer. August 26, 1969.
‘Paul H. Gobhard, et al. Sex Ofendere. (Now York: Harper aad Row
1965). 671
© Rembar. End of Obscenity. . 38S.
4 Alfred C. Kinsey, et a. Sexual Behavior inthe Human Male (Philedlpbi:
W. B, Sauoders Coy 1948), 363
1 Rembar. End of Obscenity. p 333,
© Foim Commies on Continuing Legal Education of the American Law
Insite and the American Bar Ansciation. The Problem of Drafting am 83%
lay Statute, Piladephia, 1961. p. 67
101
Non hat eng abou. sexual mater, eds odetingunt ats."
‘arguments against government contol of pornography Tet
the fist amendment prncplo of Constulonal protation ot ieedon
of speech, It is blcved by some that balancing argument cas be
found in the Constiatonal proton of the ieaividuals night oo
privacy —the sight to be face rom intrusion ial’ “The Ceanmon
Ew rosopnizes the neod in ts doctig of nuisances cereim actte,
that ae Tod or telly or unsighly wil by exjnd™ Mi, Renta
Tstener, and while we are abroad a5 well ay a home, I is
sot only a man's home tht is his cs itis lg his neous
system... We alo want some defenses againt th man yah
4 sales pith, public address systems, neon sigs, sky
Jetiers addressed to Occupant. “ =e
Ce Hat core oa rly (expt a We Cone
ston) may colide with other rights, sttong them (rob.
ly imple inte Consens sear Pabt to Be
“Here the concept of privacy and the concept of public
decency mix. Words on board ae not te same as words
in a book... Hanging a painting or photograph in sore
window sot he sane as Hanging iin aly.
rivacy is am element in the concept of Publis decency
‘There is nothing of paradox in this. Wien a public splay
ofends, the right to be let alone is breached. An offensive
eter sent fo an unwiling recipient i not a public expres.
sin; peters the see tephoe cal.
“But there is no inconssteney, and 0 hypocrisy, ia the
Proposition that certain things which testy gecur ie private
Should not occur in publi."™=
“igen. Te tmp of Line: A Paget Diu of
seme Rieais Pest aes Rell gain of
kre ee
epileptic
Srmean
102
‘munication and less with the idea that obscene creations... must be
fotally expunged from the face ofthe earth."
“Their recommendation was as follows:
“Assaulting people with obscenity is one postible area of
prohibition. In more precise terms, this conduct is the inten
Fiona! use of obscene expression to shock people or subject
them to emotional distress against their consent, without justi-
fBeation, and under circumstances transcending community
Standards and involving a likelihood that mental distrubance
affront, shame, fear or disgust — will in fact
Se cane we macnn
ering fect jai t,o ean
Jation ir the following excerpt from Charles Rembar’s The End of
Fret a i As aN
SS er
eae re!
asl, Federal Censorchip.p- 217
bid. p. 244
28 id 218.
soma.
103
with an idiot slyness. We approach a seduetio ad absur-
“This is indeed 2 lp-licking damp-palmed age. My objec-
tion is perhaps different from that of the Citizens for Decent
Literature. I consider allthis ant-sex.
“But it will pass. It will pass because it is not the freedom
itself, but the taboo it displaces, that sets the stage for pruri-
ence. ... The truest definition of pornography requires that
the act of reading itself be sinful, or illegal, or authority-defy-
ing, or at least sneaky... . The Fesponse cannot be the same
when no book is forbidden. The long refusal to permit honest
treatment of sexual subjects has conditioned a nation of
voyeurs. As the courts move on their present path, they hustle
pornography off the scene, a billy in its back.
“A change, T believe, is already observable. Tt isthe grown-
‘ups who provide most of the adolescent reaction. ... Tis they
and not their juniors, who are most likely to be aroused (10
sexual response or © moral indignation, or to bot) by the
‘sudden release of forbidden books. The younger generation
is much Jess excited by the new freedom jn literature — in
both senses: itis less alarmed and it is less ttlated.
“If writing will remain free for a sulicient time, some
balance will be restored... The present distorted, impov-
crished, masturbatory concentration on representations of sex
‘will diminish as the restraints on expression recede, Pornog-
raphy, which is in the groin of the beholder, will lose its
‘With the lifting of legal restraint, the kind of response
in the reader — shocked or aroused or guilty — that marks
what we are accustomed 10 call obscene’ will begin to
disappear,
‘There will always be things obscene in a deeper sense,
things that have a special kind of ugly evil. But obscenity
as the term has been commonly understood — the impermis-
sible description of sex in literature — approaches its end...
So far as writing is concemed, that not only in our law
‘but in our culture, obscenity will soon be gone.”
"© Rembar. End of Obscenity. pp. 491-3,
APPENDIX “Bn”
With few exceptions, the laws on pornography presently existing
‘txoughout the world differ only in degree and means of enforcement
rather than in kind, French law makes it “an offense to make, pos-
sess, transport, distribute, sell, import, or export for commercial pur-
Doses any waiting or pictures “contraires aux bonnes mocure.": The
Jaws of Belgium and Swicerland aro similar? The Canadian Taw
comes from their Criminal Code of 1959: “For the purpose of this act,
any publication a dominant characteristic of which is the undue ex:
ploitaion of sex, or of sex and any one or more of the following
subjects, namely crime, horror, cruelty and violence, shall be deemed
tobe obscene.”
Irland, Australia and New Zealand all have very rigid censhorship
with active censorship boards, The Trish cannot read George Orwell's
84s
‘The statute currently in force in England is the Obscene Publication
Act of 1959 which states: “For the purposes of this act an article shall,
be deemed to be obscene if is effect... i, if taken as a whole, such
as to tend to deprave and corrupt persons likely, having regard for all
relevant circumstances, to read, see or hear the matter contained or
embodied in it."® However, it is undorstood that a bill to suspend all
obscenity laws (except those protecting children and prohibiting of-
feasive public display) for a trial period of five years will be intro-
duced in the next session of Parliament. This is the result of a report
by a committec of the government-financed Arts Council which con-
cluded that “repression can deprave and coreupt.”|
World-wide publicity has been given to the decision of the govern-
ment of Denmark to lift all restrictions whatsoever on obscene mate-
tials, The laws were ameaded in two steps, the last one being in July
of 1969, The result is that there is mo law whatsoever controlling
the production and distribution of pornographic materials in that
country, There is a law, however, which protects individuals from any
JARS Cale, Reed Books of Eneland and Other Counce (Core Alen
4 Union Publishers, 1963) p. 185
‘Michael Wiliam Adums, Censorship: The risk Experience. p.250
Obscene Publications Act. 7 and § Flsabeth 2 (1959)
los
106
form of offensive public display. Pornography cannot be sold to an
Weividual under the age of 16 and films are graded in three categories:
iMitable for those over 16 years of age; between 12 and 16; and
T"Lagsation Concerlag Pornography: Status, Joly 1, 1969," Consulate
General of Denmark
THE CORRECTIONAL ASSOCIATION'S
FINANCIAL STATEMENT
‘THE CORRECTIONAL ASSOCIATION OF NEW YORK GENERAL FUND
STATEMENT OF INCOME AND EXPENSES
"YEAR ENDED DECEMBER 31, 1969
8 4,375.00
125th Anniversary Dinner
Other Funds
Total 2
Donations — unrestricted 21,682.85 $ 47,094.18,
Endowment Income ~
Dividends 26,257.70
Interest 5132494
“S75R2 64
Income Earned on Legacy 1.28491 58,867.55
= s19.84
9
33,682.81
(Cash, food, clothing, ete.) $22,762.78
Family Service Bureau —
‘Administration 9,988.19
Employment Bureau —
‘Administration pse8.51 42,939.48
Publications mes
‘Travel expenses
‘Equipment, supplies, printing and stationery
Postage
Telephone and
Professional and legislative services
Invosiment custodian fees
Membership, periodicals and miscolancous
House mainienance
Pensions
Employee's retirement plan
USS Old Age Benefits tx
Disability and workmen's compensation
25th Anniversary Dinner
‘Total Fxpenses 132,297.08
Excess of Expenses over Income 5
AUDITORS’ OPINION
Ne have suited he book, aeons, minute apd other tecords of The Core.
onal Atsacation of NewYork for the Year ended December 1y 1969. In eit
‘opinion the sateen of incoree and expenses show above presets filly The
‘als ofthe operation of the General Fund for iat year.
New York, New York ‘Wins, Hower & Brapo
Apa, 1970 ‘Cornfied Pubic Accountants
CONSTITUTION AND BY-LAWS
corporate The Corrections Association of New Yawk *
Paani aaae bya trtirs vt (es subsequently amended)
Passed May ae Ste of New York, represented in Senate a
Auembly, deena ele
ons a8 ow are and erate shall Become
runt fo the cans thee
porate by the ame of TH
ahd by that same have te
ivcenh chapter, of te rt pst
ration, provided that such
ue of ten thousand dolla,
fc for which this corpora
Joncemns of said corporation shall be managed
mittee, in conformity to the con
lowing articles that now
‘0 be the fonda
16 mode
al be: ;
Sle of prisoners winter dined
ine and the government of
ison whether for cities, ceceenll
pt The support and ef rene conv alter their
discharge by allording ining
frcltioed and sustaining them in their efforts at reform.
“The officers of the society shall be a president, four view president, ¢
recording soxrclary, a corresponding sereary, and a ease on
there shall be the following committees, viz
ial meeting of
T FORMERLY, The Prison Association of New York, At a special esting of
ng FORMEREY same wan changed on February 1, 196) 10 The Corrections)
ae rarioa of New York aad this change was duly recorded with the Secre
410
un
committee on detention, a committee on prison discipline, s committee
fon discharged convicts’ and an executive committee, The number of
the executive committee shall consist of not moze than thirty-five, of
whom not more than ten shall be officers of the society, and not more
than twenty-five shall be persons other than officers.
‘The officers named in the preceding article shall be ex-officio mem-
bers of the executive committee, who shall choose one of their number
to be chairman thereof.
‘Tho executive committe shall meet once in each month, and keep
regalar minutes of their proceedings. They shall have a general superin-
tendence and direction of the affairs of ihe society, and shall annually
report to the society all their procoedings, and such other matters as
shall be likely to advance the ends of the association,
‘The society shall meet annually in the city of New York, at such time
and place as the exccutive committee shall appoint, and at such other
times as the president, or in his absence, one of the vice-presidents,
shall designate
Any person contributing, annually to the Fonds of the association not
Jess than five dollars shall, owing to such contribution, be a member
thereof. A contribution of five hundred dollars shall constitute @ life pa~
trom; a contribution of one hundred dollars shall constitute an hon-
‘rary member of the association for life, and a contribution of fifty
dollars shall constitute a member of the association for life. Honorary
and corresponding members may, from ime to tine be appointed by
the executive committe.
A female department shall be formed consisting of such females as
shall be selected by the executive committee, who shall have charge of
the interest and welfare of prisoners of their sex, under such regulations
4s the excentive committee shall adopt.
‘The officers of the assosiation shall be chosen annually at the anpual
‘meeting, at which time such persons may be elected honorary members
as shall have rendered essential service to the cause of prison discipline.
12
‘Any society having the same objects in view may become auxiliary to
this astociation by contributing to its funds and cooperating with i.
‘The executive committee shall have power to add to any of the stand
ing committees such persons, as, in their opinion, may be likely to pro-
mote the objects of the society, and shall have power to fl any vacancy
‘which may occur in any of the offices of the association, intermediate
the annual meetings.
cmt wi ed tn os
ee ee ee fee
rene a wu ecm a
oes a ee
Say fer te at oma i ity
le ae te
ee cy alive foes es
oe ie oe Pow York, and tee cetion, 1
Teceive and take into the said workhouse all such persons as shall be
Se er ay pier
Se ee ae ober of pal
sn Ct Ot se aye pg
fe ne a es co te ay oo
ty, io ee fee wy
i peo cn ie ein ch os
tan aa
Bo oe a ep
etn el beg New Ue
aa SD ae ey ng canoe
rein NS a a dace coum
13
an general all such fasts and particulars as may exit the operations
‘of said association.
§5. The said executive committee shall have power, during the
rinority of any of the persons so committed to the Said Workhouse, to
bind out the sald persons so being minors, as aforesaid, as apprentices
ff servants, with their consent during their minority, to such persons
and at such places, to learn such proper trades and employment as in
their judgment will be most conducive to their reformation and amend:
‘ment and future benefit and advantage of such persons.
§6. The said executive committee by such committees as they shall
from time to time appoint, shall have power, and it shall be their duties
to visit, inspect, and examine, all the prisons in the State and annually
report to the Legislature their state and condition and all such olher
things in regard fo them as may enable the Legislature to perfect their
government and discipline. And to enable them to execute the powers
snd perform the duties hereby granted and imposed, they shall possess
all the powers and authority that by the twenty-fourth section, of title
first, chapter third, part fourth of the Revised Statutes, are invested in
inspectors of couaty prisons and the duties of the Keepers of exch prison
that they may examine shall be the same in relation to them, as in the
section aforesaid, are imposed on the keepers of such prisons in rela-
tion to the inspectors thereof; provided, that no such examination or
inspection of any prison shall be made until an order for that purpose to
be granted by the chancellor of this State, or one of the judges of the Su-
preme court, or by a vice-chancellor or circuit judge, or by tho first
judge of the county in which the prison to be examined shall be situate,
shall frst have been had aad obtained, which order shall specify the
name of the prison to be examined, the name of the persons, members
‘of the suid association, by whom the examination is to be made, and the
time within which the Same must be concluded.
BY-LAWs*
L. There shall be a slated meeting of the executive committee on
the fourth Thursday of each month, and spocial mecting shall be held
‘on the requisition of the Chairman or any three members of the execu
tive committee. The call for a special meeting shall, in all cases, stale
the business to be transacted at said meeting. The annual meeting shall
be held on the fourth Thursday of January in each year at an hour and
place to be designated by the executive committee.
As amended by
‘Febroary, 1938, May, 1934 and May, 1961.
‘the Executive Committes of the Associaton, December,
4
‘The number of members composing the executive committee ex-
clusive of the officers of the association, is hereby fixed at twenty-four,
‘and divided into four groups or classes as follows: At the election held
at the annual meeting of the year 1916, there shall be elected, to serve
from that date, six members for the term of one year, six for the term of,
two years, six for the term of three years, six for the term of four years.
‘At each anmal meeting thereafter six members shall be clected for the
term of four years in place of those whose terms of office then expire.
‘Any vacancies in the membership of the committee by death, resigna~
tion or otherwise, may be filed either by the association at any annual:
‘meeting or, in interims between the annual meeting, by the executive
committee
TL. At every meeting of the executive committee five members shall
be necessary t0 constitute a quorum.
TTL. ‘The order of business at the annual meeting shall be as follows:
|. Election of chairman and secretary.
9, Reading of minutes of the last meeting.
3, Report of committee on nominations.
|. Election of officers.
[Report of corresponding secretary on work of year.
‘Annual report ofthe treasurer.
IV. The order of business at every other stated meeting shall be as
follows:
1, The reading and approval of the minutes of the last preceeding
mecting
2. Report of treasurer.
Report from standing committees.
[Report from the corresponding secretary.
‘Reports from special committes.
‘Report from the general agent
Miscellaneous business.
‘Ata special meeting no other business shall be transacted than that
for which the said mecting was called.
YY. ‘The chairman shall appoint il standing and special committees
and decide all questions of order, subject to an appeal; and the cules of
‘order shall be those embodied in Cushing’s manual so far as they are
applicable.
‘Vi. The recording secretary of tho association shall be the secretary
of the executive committee; and it shall be his duty to keep the minutes
ff the proceedings of said committe, to record them in a book pro-
vided for that purpose, and to give due notice of all meetings of the
committe.
us
VIL. The corresponding secretary shall conduct the correspondence
of the executive committer and of each of the slanding committees; and
shall act as the general financial agent of the association, and shall
feport at each stated meeting of the committee.
VIII. The treasurer shall have charge of the funds of the associa-
tion, and shall give such security as the executive committee may re-
quite. His duties are more fully defined in by-law X.*
IX. There shall be at Joast the following standing committees: ex-
‘ecutive; finance; Jaw; detentions; nominations; probation and parole;
prison administration, Such committees in addition to any powers of
dlties conferred by these by-laws shall severally possess the power and
bbe subject to the duties designated from time to time by the executive
‘committee. Furthermore, the committee on probation and parole shall
function as the committee on discharged convicts mentioned in the con-
stitution, and the committee on prison administration shall function as
the commitize on prison discipline mentioned in the constitution.
"The duties of the above named committees, not otheewise provided
{for in the constitution oF by-laws, are as follows:
Ik shall be the duty of the committoe on detentions to inquire as far
as may be practicable or necessary into the causes of commitment of
persons held in institutions of the Department of Correction of the City
of New York, and, whea deemed desirable, to adopt available measures
for procuring the discharge or providing for the defense of such as
shall appear to be entitled thereto, It shall further be the duty of the
committee, when arrangements are made therefor, to extend its Work to
jails, penitentaries, reformatories and prisons outside of the City of
New York and within the State of New York.
I shall be the duty of the commitiee on nominations to consider the
qualifications of persons available for election as vice-presidents or avail-
able for membership on the executive committce of the association,
and to make recommendations thereon to the executive committee for
final ation
1 shall be the duty of tho committee on probation and parole to be
associated with the operation of the probation, parole and employment
‘bureaus of the association, and, from time to time, to make recom-
in respect thereto.
It shall be the duty of the committee on prison administration to con-
sider the internal organization and management of county jails, peni-
‘entiaries, reformatories and State prisons, and the welfare of persons
confined therein.
‘The position of Associate Treasurer was created ty the Executive Comanitee
atts meeting in May, 1961
