LEGISLATIVE DOCUMENT 1969
STATE OF NEW YORK
THE ONE HUNDRED AND TWENTY-FOURTH
ANNUAL REPORT
OF
THE CORRECTIONAL ASSOCIATION
OF NEW YORK
135 EAST 15th STREET, NEW YORK
1968
ONE HUNDRED AND TWENTY-FOURTH ANNUAL
REPORT OF THE CORRECTIONAL ASSOCIATION
OF NEW YORK*
April 16, 1969
Hon, Malcolm Wileo
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, we have
the honor to present the One Hundred and Twenty-Fourth Anazal
Report of The Correctional Association of New York, and to request
that you will lay the seme before the Legislature.
Rospectfully,
THE CORRECTIONAL ASSOCIATION OF NEW YORK,
By Melber Chambers, President
Donald H. Goff, General Secretary
The pase of the Association wes changed fom The Pugon Association of
Now Yen 'the Erector Kematln of Now Yor on Famary To 08 st
S'Speclal meeting of the members
PREFAC
‘This is an official report of The Correctional Astociation 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 twenty-fourth
ofthe series
Paragraph 6 of Article XI of the act incorporating The Correctional
(of The Correctional Association) “by such committers as they shall
from time to time appoint, shall have power, and it shall he their duty
to visit, inspect and examine all the prisons of the State, and annually
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.”
TABLE OF CONTENTS
Letter of Transmittal
Preface
Osicors and Members of the Executive Coramittee, 1969
Standing Committees for 1969
Recommendations to the 1969 Legislature
I. The State Regulating Morality
A. Abortion
B. Prostitution
. Homosexuality
[. Gun Control
Commission of Correction
State Control Over Sentenced Prisoners
Bail Reform — Release on Own Recognizance
Marijuana
Employment of Inmates in Correctional Institutions
The Alcoholic Offender
X. Work Release
Selection of Judges
‘The Correctional Association’s General Activities
‘Stato
Preliminary Report of the Governor's Special Committee on
Criminal Offenders
Employment Policy of Large International Corporation
Work Release
Legislation in Governor's Ofice
Abortion Legislation
Prostitution
Gun Control
New York City Marshals
Wardens’ Position — City Department of Correction
Bill to Create a City Correctional Administration in New
York City
Student Disruption
“Theatre For The Forgotten”
Physical Plant Based Upon Correctional Concepts
‘Teacher Corps and Vista Project —-New York City Department
‘of Correction
Drug Conference
Mesting of CLAE.A.R. and Civic Development Committ —
Rochester
|A Plan for Court and Probation Services— Monroe County
Monroe County Study Committee
Lanchcon Meeting for Torsten Eriksson, Director-General
Swedish Correction System
Havens Relief Fund
‘Juvenile Detention in New York City
Vocational Tyaining for Probationers and Parolees
‘Alcoholism and Epileptoid Behavior
Parole Prediction Study
natitute of Judicial Administration
Visit to Night Court
Fortune Society
‘Moultlith Training Project
Chairman, New York State Parole Board
‘The New York City Federation of Women’s Clubs
Retirement of the Chairman of the Governor's Advisory
‘Committee on Alcoholism
New York State Wolfare Conference
‘Tunior Chambers of Commerce
City, State and Federal Criminal Justice Administrators
‘West 8th Street Area Neighborhood Aavoct
0f Direct Service Interest
‘Temporary Commission on Revision of the Penal Law and
Criminal Code
Honorary Degree of Doctor of Laws — Harold K, Hochse
Distinguished Employee Award
Probation In-Service Training
Reprinting Material of the Association
‘Minutes of the Astociation on Micro Film
Newsletter
Family Service Bureau
Fifty Years of Membership in the Correctional Astociation
National
98th Congress of Correction
Aleoholisia
jonal Conference on Social Welfare
un bomen
‘The Powell Case
National Couneil of Churches
Taw and Morality
Cepital Punishment
Commission of Pastoral Care
Council of State Governments
Cooperation With the Federal Bureau of Prisons
New Jersey Assembly
Abortion Law Reform
Mass Media
Article for Parade Magazine
‘Time Magazine
International
Alcoholism
International Meeting on the Drunkenness Offense
International Conference on Alcoholism — Milan, Ttaly
International Council on Alcohol and Addictions
United Nations
British Consulate
New Plea for Lack of Criminal Responsibility
Australian Controller General of Prisons
Cambridge Student
Attorney Generals Department
Scottish Paychiatrist
British Pathologist
Dean Kenneth 0. $
Sydney, Australia
Commonvvealth of Australia.
atwel, Law School, University of
Employment and Relief Bureau
The Correctional Association's Legislative Activities
Appendix “A” — Correctional Programs
‘The Correctional Association's Financial Statement
Constitution and By-Laws
‘THE CORRECTIONAL ASSOCIATION OF NEW YORK
OFFICERS AND MEMBERS
of the
EXECUTIVE COMMITTEE
1969
President and Chairman o| the Executive Committee
Mruxer Cnanrnens
Treasurer Recording Secretary
Haney W. Fownen Dav A. ScHutre, Je
Associate Treasurer General Secretary
Wrrssaxe B, Mex Dowarn H. Gorr
Vive Presidents
Mas. Junius Ocus ADLER
Mas, Jouw W. BaLLanrine,
Hanoun K. Hocrisexs.p
Class of 1970 Class of 1972
Amciinato S. ALEXANDER Mrs, Arzex W. Douiss
Mynoy S. Tsanes coer Watrre
Groce G. Wanxer owann R. Cass
Mns, Pup H. Tenia Lonsie MacDoxato, M.D.
Touts B, Wannen Jor L, Harem
Class of 1971 Class of 1973
ALExANDER ALD&ICHL Donan» Acnew
Mrs. Many Srevess Barro Groner: F. Baker, Jn,
R. BrInkty SMOTHERS Hen L. Pueson
Hanot P. WitatenDine
S FOR 1969
COMMITTEE ON LAW
Isaacs, Agnew, Hawkins, Pierson, Warren
COMMITTEE ON FINANCE
Foyer, Meyer, White, Wilmerding
COMMITTEE ON DETENTIONS
‘Mrs. Ballantine, Meyer, Smithers
COMMITTEE ON NOMINATIONS
Hochschild, Mrs, Baird, Mrs. Adler, Meyer, Wilmerding,
COMMITTEE ON PROBATION AND PAROLE
‘Mrs, Adler, Cass, Dr. MacDonald, Wilmerding
‘THE CORRECTIONAL ASSOCIATION'S
yMMITTEE SON ADMINISTRATION
COMMITTEE ON PRIS RATE RECOMMENDATIONS
Mrs. Ballantine, Schulte, Haskins
‘TO THE 1969 LEGISLATURE
STATE OF NEW YORK
“Prevention of crime is more important than punishment for
“In order that every punishment may not be an act of violence com-
mitted by one man or by many against a single individual, it ought to
be above all things public, speedy, necessary, and the least possible io
the given eireumstances.”
‘At a time when there is a great furor over erime in the streets and
when law and order is an often repeated rallying cry, these statements,
‘made by the 18th century Italian political scientist, Cesare Beccaria,
in his essay Crime and Punishment, must receive serious consideration
hy those in government lest we in New York State find ourselves re
turning to a barbaric era when social revenge and not the prevention
of crime and treatment of offenders was the purpose of the criminal law.
‘There are those at the present time who continuously advocate increas
ingly severe penalties ag solutions tothe present day crime problem. The
first of the fallacious assumptions underlying this belief is that most
people are deterred from certain behavior by the possibility of serious
consequences. The staggeringly large number of rational adults who
continue to smoke cigarettes despite the dire warnings of medical au-
thorities and the United States government should raise serious doubts
‘of the effectiveness of controlling behavior by the possibility of severe
Penalties. The sight of highways and tmpikes clogged with millions
of automobiles every holiday despite all of the warnings of the National
Safety Council on the number of fatal automobile accidents predicted
for that holiday is a dramatic example of the rationale—"I won't be
the individual involved. Others may but I won't.”
Knowing the possible grave consequences of one’s actions dock not
necessarily act as a deterrent to their commission, An excellent exemple
is the argument put forth by those who support capital punishraent that
if you execute murderers there will be less homicides. Completely over
looked is the fact that the vast majority of homicides in this country
are crimes of passion, committed at a time when the individyal is 20
overwrought that the severity of penalty is meaningless. There is the
case of the individual who was the leader of the movement to re-establish
capital punishment in a mid-Atlantic state in which it had recently been
abolished, This individual voeiferously argued that the existence of the
eath penalty deterred people from committing murder. His state did
re-establish capital punishment and one of the first individuals to be
arrested and charged with homicide after the re-enactment of the death
‘penalty was this very individual who had killed his wife.
Severity of penalty is relatively ineffective in orimes involving prop:
erty as there is a general feeling that the individual will not be caught.
8
16
Since the United States is averaging approximately 20% crime clearance
fate thore my be some jstifeation for such opts
There is another reason for arguing that the impostion of overly
severe penalice may be self defeating. Experience shows thot juries and
ours ave reluctant to convict individuals when they know tha such &
Sonvition meana an arbitrary. mandatory, extremely hars_ sentence.
Petar if you wi the station im which an 18 year old college student
tals one ouljuana cigarete to his roomate, fv arrested and brought
to ia, What jury would convict if such conviction meant a minima
‘Sntence of $0 yeu imprisonment? And yet this one ofthe slatons
rious propoed forthe drug problem.
“The Correctional Association of New York dos not belive tht thoxe
rho solate the lavs ofthe tte should do so with impunity. Te doc
love, however, tat las aust be realise. They must not infinge
Aton indivdusl> rights and Ibertes, Nor should they be vindictive,
ringing down on Une elendar the Tall weight and force of the sover:
tion tate, Our concern in with weducing crime at obtaining vengeance:
a imeret isin protecting veryoue the community ox well as the
Individat, Our means of doing this is through the development of a
aik, ficient administration of justice and truly correctional treatment
programs.
‘To bring this about requires fret a biter trained police force supplied
with modern medial equpment and programs for faster detection of
Crimes and apprehension of offenders. The development of the Now
York State Incligence and Information System Taking together the
thousands af agencis involved In crime detection in the State of New
‘York ina major step forward inthis diration
Fast apprehension of eflendes through increased police efiteney is
smeaningles ules the courts are able to properly handle the cases, At
freon he court present the pictre of iting eat loads, partisan poi
Traly appointed judges and heer skelter hail and detention proce
Ghuces which allow welbherled felons to post ail and continue eximinal
St while the poor and uninformed, perhaps innoont, perhaps. ac
ined ofa criminal at for the it tne, mut Ianguah Sn jal wating
a, Ball eton prover rovion for promt ane
lc legal a to indigent and measures (o halt the alarming increase
Iavvckvim are mater which must be dealt with # there i to be
qual justice for rich and poor, black and. white, across the sate.
Nothing will truly be accomplished, however, if improvements stop
with the police and the courts. A cot ‘of an individual for a
Crime is in reality the state's excuse to intervene in his private life in
Ww
an attempt to change unacceptable social behavior. No change will be
accomplished if the individual is merely sent to sit for two years in a
correctional institution, There must be available treatment programs
which will meet the individual needs of offenders and lesten the chance
that they will return to the process through the commission of another
‘An increase in the swiftness with which offenders are apprehended,
the efficiency of the courts, and the improvement of correctional treat
‘ment programs is not brought about by an inerease in maximum sen-
tences for eriminal behavior. At present, a great deal of police and
judicial time and effort as well as space in correctional institutions
being taken up by matters of morality which have heen arbitravily de-
clared illegal. There simply it not enough manpower or eourt time avail:
able to deal with both erime and sin, to quote from « commentary
of Fred Darwin, News Director of Radio Station WTFM. Such moral
matters as abortion, prostitution, homosexual acts between consenting
adults in private do not rightfully fall within the province of the ex
inal law and are unnecessarily sapping the police power and unnee-
scarily burdening the courte and correctional institutions.
A striking example of the use of the justice system for a non-penal
‘question is the cate of the skid row alcoholic who forms a major part
of the population of jails and penitentiaries. In the upstate counties,
with few exceptions, alcoholics who are publicly into
tueatod a5 criminals, They are arrested, prosecuted, cor
prisoned despite the American Medical Association’s definition of aleo-
holism as « disease, The President's Commission on Law Enforcement
and Administration of Justice succinctly points out that over 50% of the
enerzy of law enforcement is spent in deeling with this prob.
Jem which is fundamentally a medical one. The development of medical
facilites and separate non-prosecutory procedures would mean that
additional police manpower, court time, and institutional space could
be available to deal with serious exime matters,
New York State is indeed fortunate to have a number of sincere
and knowledgeable administrators responsible for the treatment of of-
fenders. Despite the myriad of problems facing them, general public
apathy towards constructive treatment programs, and an 0
upon severely long, sentences, Commissioner Paul D. McG
‘New York State Department of Correction, Chairman Russell G, Oswald
of the New York State Parole Board, Mr. Milton Luger, Director, New
York State Division for Youth, and Commissioner George F. McGrath
of the New York City Department of Correction should be commended
18
for their great efforts to bring about reduction of crime in the state.
Having no control over the sentences imposed upon offenders or the
‘amount of money appropriated for their respective units which controls
the number and quality of constructive treatment programs for offend-
cers, these individuals continuously have an uphill fight to accomplish
the true goal of correction against those who believe that the only solu
tion to the crime problem is increasingly longer penalties and harsher
handling of offenders.
Certainty of punishment not severity of punishment is the effective
way to deter possible offenders and bring about a reduction in the erime
RECOMMENDATIONS TO THE 1969 LEGISLATURE
Recommendation No. I
‘THE STATE REGULATING MORALITY
‘The Correctional Association of New York holds that the only pur-
pose for which the power of the State can rightfully be exercised over
any citizen of the State against his will is to prevent harm to others.
‘The fact that certain conduct is considered immoral is not sufficient to
justify making this conduct punishable by the criminal law. Sin should
not he equated with erime, There should be « marked distinction made
Detwoon moral law and statutolaw.
‘The Correctional Astociation does not believe that the power of the
State should be used to enforce purely moral or religious standards.
We deem it inappropriate for the Government to attempt to control
Dehavior that has no substantial significance except as to the morality,
of the actor. Such matters are best Ieft to religious, educational and
other influences. For these reasons, the Association calls for revision
of those laws in the Penal Lave which hase their authority on the immor-
ality of the acts which they prohibit and not on matters of public order,
public safety and public health.
A. ABORTION
That the present, highly restrictive abortion law be abolished 0
that the question of termination of pregnancy is removed from the
control of the State and placed on the personal conscience of the woman,
involved with the guidance of the medical profession. This isin keeping
with the position of the American Public Health Association and a
number of other national organizations,
COMMENT: ‘The right of a mature person of sound mind to have
Personal control over his body is fundamental. Tt would appear that
a large number of women manifest this belief by their personal action
in obtaining illegal abortions. The present arch
withstanding, one million abortions are performed in the United States
yearly the great majority of which are illegal.
Results of polls taken all over the country have shown an almost
overwhelming desire on the part of the people to have the presently
cexinting stringent abortion laws reformed and relaxed, A poll taken by
the nationvride women’s magazine Gaod Housekeeping resulted in 72%
‘of the women responding being in favor of revised abortion laws. Out
»
20
of 40,0 datos replying toa quesionnie ofthe Journal of Modern
Metcie, 860% levered Weralsing sborion ln. Apel tenn
New York Sate hy Olver Queyle Awocite shove tht even among
Roman Cathal, 72 favored reform
A exelent example of the legal morass in which the question of
shorton exis isthe paradoncal tation wherein doctors In Call:
Torna were brought op on charges for having comme abortions 00
women who had contacted German meas during he fst thee
Inontyof tee pregnancy, an tho station in Brook in which el
emages were ssered gant » wpa for rataing to perform an
thorton opin © pragma wouan eho had Garman metls darag
theft tone tnd eabeucnly gave Birth to veroaly yseally
{nd mentalydfectve cl ony doctor ee tet ohjetins to or.
tin laws on jt uc a egal tangle, They say that doctors are nt being
‘lowed to take 1 media! Jodgiont hud on tar own tack
Knowledge and are being every hampered by lcely dren, ambi
tous les which force doctors into undericable subterfuge ar extremely
Coneeratvebebavior agin! thelr best medial judgment frm eer ef
Molaling te law. Pan
"To abolish the sborton I inthis tate would spy allow indie
sale to fellow the dian oftheir ove pastenlar religious belts and
pertonal conscience, It would nt fore any individual or member of the
India profcson int an abortion, The ater would be, wt shoud
ander the personal conscience ofthe wemen Favaved Ried By he
‘rio ofthe motel pofeuion
B, PROSTITUTION
That the Lgilatre consider pronation solely os « mater of public
conten pubic softy and pablo heath and thet @ marked dintion be
made benecen the riigiou and thealogla pproechesto position end
the intervention of the state through the penal law tn guetons of
Imorlity to that th at of position bean competes, consenting
Cds ben longer eriminl; tht the sate lini Ut concern nly to
the problem of open pie solittion when i constr a public
rusonce and the aoompanying offenses of ecritment or prose
Tin and living of the earnings of prot,
©. HOMOSEXUALITY
That the present law making sodomy between competent, consenting
‘adults a crime be abolished,
a
COMMENT: In its statement of legislative principles in 1968, the
New York State Council of Churches stated
“In matters of private morality, the state rightfully seeks
to give protection of the law to the young, the innocent, the
unwilling and the incompetent. However, while adultery, for.
sication, homosexual acts, and certain deviant sexual proc
tices among competent and consenting adults violate. the
Jadaco-Christian standards of moral conduet, we think the
Penal law is not the instrument for the control of such prac
floes, when privately engaged in, when only adults are involv
ced, and when there is no coercion. We favor repeal of those
statutes which make such practices among competent and eon
senting adults criminal acts
‘The Correctional Association of New York questions the right of tho
state to intervene in matters of morality when an impairment of public
order, public safety or public health is not involved. ‘The Association
believes that such questions of private morality should be handled by
‘religions institutions and the individual citizens devoid of governnment.
al regulations. Tf, however, private behavior threatens puble order,
‘Public safety or public health, then the State should intervene by both
roscriptive and prescriptive statutes, We feel that open solicitation
‘when it constitutes « public nuisance should he proscribed by criminal
statute and propose that this offense be made a class B misdemeanor,
‘We also feel that the recruitment of the young for prostitution or living
off the carnings of « prostitute, both offenses being the exploitation of
another person, should be prohibited by criminal law. The act of prow
fitution, itself, regardless of the question ofits morality, is inthe prom
"of personal conscience and religion and is not a matter for evok,
{ng the penal statutes of the State.
Aside from the fundamental question of the separation of issues of
morality from matters that relate to public order and public aafety
there js also the very important fact that the energy of law enforce,
‘mont is being diverted from serious crime control by the very existence
of the statute which maakes prostitution a erime. In a recent newspaper
auticle on *Sexurbia,” a police official in a suburban county satel thet
the arrests made of four housewife prc
ostitutes resulted from a month
Jong investigation by officers in his department
When one considers the serious crimes committed that go unsolved
Durglery, robbery, rape, and even murder, have a clearence or sol
tion rate of about 20% (the data indicates that homicide salations are
only about 80%) —and when one considers the hue and ery of the
2
ict to understand why police
on the seth is somewhat dial to unde
os \ny individuals and organ-
creer Se Being devoted 10 4 matt any
a ald nt be inthe rea of publi legal concern
So ae nim, in vepors edn 1955, wel
see, Aan a ain pnt for oe rie
stom of he rnin ve tT pet ae
ras
no haan othe slr Sates o the comity #
sci eee pate ter co
ec te eae
ale erepeee
a ee
i ar lng ten
sa ay oe. :
amine har ny Ne acne i fal
snows reer ay Cin counts Fron
se my on of wc amp 0 Fh
1 Mt oe Te pl cole ot Dena
PE te nyo fh re
: oi saat
Sinn af ch heros elaion
ce eed teen pops fT
tn aay lence even of wos
cece ee Sats tng bo tat rm
a pi So ase for pecestion
Pron wy the interest of Dlackmalers, Existence ofthe
2 Fn cee some role fom cocking
cri eee tia coin poems
Pei oa iment ae ns cmc 0
crayon a edamorna qonion fhe Pe
care, Path ee rented aga st inter
SE mtn he nt horde oe
fren nt nie wore ar ied end ool
ed ore yaa an exes hn re
spp to eB oc crimes semaines
ea ace ewe ing mn ot
eet apel protien of ple morale
publ lato me ni noe ems 0
a onto bey aed enon
nm the instance of homosexual behavior as well as heterosexual acts
should such activites be accomplished with violence, constraint of fraud,
punishment according to the type of violence, constraint or fraud com
23
mitted should be meted out ssithout the sexual clement being consi.
cred a relevant or aggravating circumstance, The province of the law
is to preserve public order and to provide protection against exploi-
tation and corruption of others, especially those who eannot protect
themselves. Otherwise, all acts committed between competent consenting,
adults in private fall outside the ambit ofthe penal law.
Recommendation No. I
GUN CONTROL
That legislation be enacted to require individuals to obtain a permit
10 postess or purchase a rifle or a shotgun in the states that all frearms
bbe registered in a central state registry; that ammunition be sold only to
individuals with licenses jor appropriate weapons; and that possession
by private citizens of wespons firing a missile larger than 12 mm be
prohibited.
COMMENT: “How many more people have to get assassinated in
Uhis country?” Less than an hour after that question was asked in the
middle of a bitter debate on gun control legislation on the floor of the
United States Senate, Dr. Martin Luther King was killed by a sniper’s
bullet,
‘The Correctional Association of New York urges the State to enact
1 gun control law similar to the one recently enacted in New York
City and in the State of New Jersey. It is somewhat dificult to under-
stand why New York State, with its strict Sullivan Lay regulation on
hhand guns, does not have another equally strict statute on Jong guns
which would bring firearms under the control of the State
Popular support has been demonstrated for firearms legislation time
‘and time again, AI the polls, local and national, show figures ranging
{rom 65% to 80% of the public favoring varying levels of gun control.
Tn the last few years, several major retail suppliers of firearms have
voluntarily discontinued or curtailed their sale of guns, After the as-
sussination of Martin Luther King, Sears Roebuck, the world’s largest
ler of guns, and Montgomery Ward stopped their mail order sales.
jew York City, Macy’s, Gimbel's, and Abraham and Strauss, three
stores which had discontinued all sales of guns and ammunition more
than a year before the assassination of Martin Luther King, placed full
page ads in the city newspapers urging readers to write their legislators
demanding the most stringent poasible gun laws.
‘Tho Correctional Association proposes that while no person af good
character who is in good repute in the community should be denied a
a
permit to purchase or possess a rifle or shotgun, we feel that it is not
fn inalienable right of all New York eitizens to possess lethal weapons.
We would propose that certain clastes of individuals, unless they can
‘prove to the contrary, should not he legally authorized to own, possess
or purchase a rife or shotgun.
We farther believe that there is no valid reason for a private citizen,
to have in his possession any weapon capable of fixing a projectile
larger than 12mm. Possession of such weapons should be restricted to
‘governmental agencies and they should not be available to sportsmen
and hunters.
‘A recent study of homicides published in the University of Chicago's
Law Review, in pointing out that the majority of homicides result from
cemotionsl outbursts of friends or relatives of the victim, also stated
that altercations involving resull in a 296 fatality rate, whereas
allereations involving guns result in a 12% fatality rate. 1 ean be con:
cluded from this that if guns were not as readily available there would
he a reduction in the number of homicides in this country
‘The Correctional Asociation of New York, in considering the matter,
recognizes that since it is estimated that there are approximately 100
aillion guns in the United States at the present time, any legislation
to bring rifles and shotguns under control rust be looked at from a
Tong range point of view, It also recognizes that in view of the number
‘of weapons in the United States, an individual with serious criminal
intent, regardless of legal controls imposed, could obtain a weapon
illegally. Since, however, the great majority of homicides result from
‘emotional explosions of a friend or relative, the ready availablity
of guns is undoubtedly affecting the number of homicides in this coun:
‘ry. Im the weak gun control cities of Dallas, Texas, and Phoenix, Avi-
zona, 72% and 66% respectively of all homicides were committed with
firearms. In New York City, with the most stringent gun controls of
any major city in the United States, only about 25% of the homicides
fre committed with firearms. When one compares the overall murder
rate, the results are 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 of which have stringent hand gan controls, the morder rate. per
fhundred thousand ranges from 28 wo Sd, approximately one third
that ofthe weak gun law states. The same comparison also holds true for
‘assaults and armed robberies.
We would propose the following points be considered essential for an
‘lective gun control law in the State:
25
Licensing of dealers of all rears,
ing permits for the possession of rifles
excluding certain individuals och convicted eteng eae
individuals with history of drug addition, confinement in
‘mene nwttations, ec excopl where they cam prove pain
of a firearm would not be dangerous. yee " ™
ind shotguns,
+ A-central state registry of all ireerms.
|. Sale of ammunition only to those individuals wit
for the appropriate weapon, =e
* Outlawing all destructive devices such as mortars and anti-tank
uns,
Recommendation No. IIL
COMMISSION OF CORRECTION
That the Stte Commision of €
of Correction continue with ite ex
authority as provided by the: Constintion and hese ty ee
srenghoned by removing the Commision fea the contro of hen
ison ofthe Sate Bepermant of Coleone ec
rection Law i ti te Cor
or convicted of a erime,
Unt 1855 there was no provision fora
the visitation and inspect is
Enabling lgiaton (Chae
nor with aie nd comen
"iding in each jul
meee
for a term of eight years,
whose purpose it was
duals being detained.
Present Correction Law of the State, Article III, Section 46, lis
*veciie functions ofthe Commision among others eas nn” Us
26
sar pg in sme
ee ie ae
ce in ee Tl pa fe
bee sete ea es Se
a as are
sy ee eas at
2
der the direction and control of the Commissioner of the State De-
partment of Correction should be repealed. The Correctional Association
does not believe that the direction and control of any autonomous body
should be placed in the hands of the oficial which is responsible for
the administration ofthe institutions and facilites 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 thet aspect of the Preliminary Report of
the Governor's Special Committze on Criminal Offenders which would
place al sentenced individuals, regardless of the length of sentence, under
the control of the State Department of Correction.
COMMENT: Repeatedly at national, regional and state gatherings of
professional correetional administrators, the neod to improve the pro-
rams and training in loeal jails is sounded and stressed. It is extremely
discouraging to see individuals serving short sentences held in enforced
idleness in small county jails devoid of any personal counseling, voos-
tional training or remedial educational programs. Individuals so sen
tenced for “correction” simply sit out the time awaiting relesce. In many
Instances because of the small number of inmates involved, the cost to
the local community of introducing and conducting constructive rehe
Dilitative programs would he prohibitive, Because of the lack of re
sources and the pressure on county governments from a nuraher of other
governmental services, itis the judgment of the Correctional Assoota-
tion that the state is in a much better position to handle all individuals
regardless of the length of sentence.
‘The present system making the county responsible for individuals sen:
fenced to greater than one year is an arbitrary distinetion without
rmesning and is, in 1969, an anachronism, The Preliminary Report of
the Governor's Special Committee on Criminal Offenders, in develop-
ing the theory of the continuum of eustody and treatment and the state's
right and need to impose sanctions upon its members, clearly points out
thie fact.
‘To develop 2 more integrated meaningful system which can be
Drought to bear on the many thousands of individuals who are sentenced
for less than one year and to reduce the plethora of agencies involved
in the post adjudicatory process, shifting responsibility from the county
to the state forall sentenced individuals would be a major step forward.
Recommendation No. ¥
BAIL REFORM—RELEASE ON OWN RECOGNIZANCE
That the Legislature provide Junds t0 permit the staffing of special
units in each county to review and recommend to the court those indi-
biduals who should be released prior to trial on their own recognizance
‘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 tis], The assumption has been that with the posting of «
surety, individuals fearful of losing 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 advan.
upper socio-zconomic level). In reality it do
justice under the law and does not accomplish its intended purpose.
Indigent individuals who have not yet been convicted and may be ie-
novent of the erime for which they are charged are forced to remain in
detention for weeks and months pending their day in court hecause they
cannot meet the required bail, while at the same time more affluent
offenders are free to live normal lives in the community.
‘The enlightened research project on the administration of the bail
system in New York City begun in 1961 by the Vera Insitute in coopera-
tion 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 that “a defendant is severely
handicapped in preparing his defense. He is unable to point to employ.
‘ment and good conduct while om bail as grounds for probation; if
found not guilty he has needlessly suffered the degradation of jail and
his family has been punished as yell. There are good grounds for sus
pecting that the outcome of his case, as to both judgment and sentence,
is materially influenced as to whether he is in jal or on bal:
Further, and of equal importance, is that studies have indicated that
there is greater likelihood that those individuals released on their own
recognizance after an investigation of their roots in the community are
‘more likely to appear 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 No. VI
MARIJUANA
That the Legislature ree the .
sxamine the excessively high penalties Jor
Imarijuana possesion and sale and enact more realistic penlis. Ia
‘addition fo this recxamination, the legislation should provide the author,
Keaton and means foram objective defntive study ofthe eet ofthe
se of marijuana,
COMMENT: Tho present penalties for the possession and the sale of
‘marijuana are exceptionally harsh, Un
ner th eiting lan a1 en
college student who sells one mari eae
comments on marijuana by sath Knomedgeabe and tapes e eae,
4 the Director ofthe Federal Food and Drug Adminntrator te ae
Cf ht maruna ay tb ore haa hn hl ave gone
unhooded by the State, Dr. Jack L. Ward, Presiden of the Assaioce
Seis of Croup Peychology
Te sated
imaijunna on colle campus, ue and rite shoe we well
song te ava are pe and arguments on the
amount of governmental contol nected on matjuann Beene of jon
sble dlterons pertnal and wc ers ll pant othe mado ere
{existing efforts to ental his hallucinogen
‘The Correctional Association of New York does not purport to have
sig gt TRL oe emt
Bp ater reread locates
‘more objectively determined. ‘
Recommendation No. V
EMPLOYMENT OF INMATES IN CORRECTIONAL
INSTITUTIONS
That te Legisnre ak aton ome he ned Jor ners, mann
it neko employment of inmates oho are present being mat
i et Pain eeepc othe se
COMMENT: A serious problem facing correctional administrations and
ene with far reaching effects upon the public welfare situation in local
communities jx the full meaningful employment of inmate bodies in
cemctional institutions. Failure to provide sufficient productive employ
‘sont for inmates not only produces monotony and idlenost which
wreates discontent and is a breeding ground of trouble in prisons but
Shes has a stultifying effect upon the individuals involved. When inmates
fire held in enforced idleness, engaged in grossly overmanned job ar
‘ignments of given “made work,” a public welfare problem is projected
serithe loeal community upon theic release. At the same time prisoners
ihe do not carn at least the cost of their maintenance are an added
<Siis wo createan unemployable problem Inter on
"To dea with ths racuum ad to bring modem tesa “
corn non of he Stat, we moa propos that ondere
Fara te eenn ofa corectonl indus aBory coat
Te repesematives irom labor and Indust to abe on
Sarat Spuning the nd pognme worver pole ad
a carindaaing for inmates in Lepiog wih the Stat’
Peri ‘Anite If, Seton 24. The well demonstrated. Federal
Saari esiee Board andthe of other sats have clearly shown
Fae eames coune This we fe willbe ate tovard amis
‘ ‘ac remit of demos
ing any. dependency problem which developed r
1 ee iecrae eulpped wok cet are ot provided
‘We fonder bln that through ach a coretonl indus advisory
oni nut cul be enraged to node vecatonal teling
i ecodate equip snd machinery tnt erzsiond
Pee Tie acy agup nats for productive, meaning work
oon oe
Recommendation No. V
‘THE ALCOHOLIC OFFENDER
That the Legislature give serious consideration to the points raised in
the United States Courts of Appeal cases involving DeWitt Easter v.
District of Columbia and Joseph Driver in the Fourth Circuit Court of
Appeals in North Carolina, and study the proposals submitted by the
Inter-Departmental Health’ and Hospital Council in 1967 to handle
civilly the chronic alcoholic who at the present time is generally sen-
tenced to short jail terms.
COMMENT: It is eaimated that throughout the United States 50%
the individuals in local county correctional institutions are alcoholics
committed on public intoxication charges. The State of New York is no
exception. A safo estimate is that 90% of all individuals eommitted to
Toeal county correctional institutions on public intoxication charges are
ill with aleoholism.
We have already scen two United States Courts of Appeal declare
unconstitutional the conviction and sentencing of these individuals to
correctional 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
criminally 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
lcoholics to jail for being publiely intoxicated. The enactment
vil commitment law, together with the development of appropriate
facilites to deal with the esthetic and treatment problems involved with
what atthe present time constitutes 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
iteelf without legal means and facilities to handle those who in the past
have been “serving life sentences on the installment plan” in county
jils and penitentiaries ofthe State.
Recommendation No. 1X
WORK RELEASE
That the Commissioner of Correction of the State Department of
Correction be authorized to releae inmates committed to his custody for
32
short periods of time for work release, school release, job seeking, home
furloughs, and for special hospital treatment in order that more latitude
be given in developing rehabilitation programs,
COMMENT: Tho sentencing of an individual to an institution imposes
many hardships in addition to his loss of lberty, not only upon him but
upon the community as well. During the period of incarceration, the
community is required to maintain this porson providing food, clothing.
and shelter, and the family often becomes a public welfare charge, Ia
‘addition, during the incarceration, the State and the community lose the
taxes paid by this individual on the income he was earning.
We feel that in selooted cases, the State Department of Correction
should be enabled and encouraged to extend to persons seatenced to the
Department the privilege to continue outside work and attend and make
use of other community services not available ia the institution.
This program is presently heing teed suoceseully by approximately
40 states. In Maryland, as of 80 January 1966, a total of 702 inmates
hhad participated in the work release progeam, and on that particular
day, 131 were in an active capacity. Out of the total of 702 inmates who
hhad participated in tho work release program, 109 or 15% were re
moved because of various rule infractions which included the drinking
of alcoholic heverages, returning to the housing Unit late, tying to bring
contraband to the institution, or for other institutional type of in-
fractions, Out of 702 inmates, 31 or 4% abseonded with 26 being re-
‘tumed almost immediately. In a period of some two and a half years,
the inmates in the Maryland release program had net earnings of $682,
439 of which $230,312 went to the State for board, $05,059 to depend:
ents, while the remainder, except for shout 19 which was used fe
‘work expenses, vent to the inmates personal account, aveilable to him
‘upon release
Teshould be noted that the Maryland Jaw which vas originally enacted
Jn 1063, restricted the program to inmates with sentences of ot more
than five years. During the 1964 legislative session, this clause was
deleted and at the present time any inmate under the jurisdiction of the
Maryland State Department of Correction may make application for
the program.
‘The State of North Carolina frst adopted a work release program in
1957, but the act was modified in 1959, 196] and 1963 sessions to
ake it more workable and less restrictive. Since its inception, a total of
7,166 men in the program have earned $5,587,352.00, returning
$1,829,195.00 to the State to pay for their board. $1,494,868.00 of the
money these inmates earned went for the support of their dependents
33
Reports from judges, employers imate and hee fies all heap
gh pie on the program. Nowh Casi, Ine Maryland ic eae
for which felon are elgle or the plan However, eae Mayans
only thove inmates serving ten ot in exes of Bie seus cae be
rane he ation of bung inthe work ress progam withnt foree
Board approve
‘The Federal goverment’ expeione,patulany a the Federal Cor
‘tional Intution at Danbury, as been exmponal, hee Ken
writen up many tines, the most recat being fa te Ofiee meen
‘in December of 1967. " ‘ *
Connesicat isthe mot reen saeto enc such werk relat lei
tion withthe at taking ef Tay, 1968,
The many benefits of such program are obvious. The exper
of thote states andthe Federal government which eve legos has
Teen etemely favorable,
Last year legislation was enacted authorizing the county jails, county
ppenitentiaries and the Department of Corsection of the City of New York
fo release men ina work release program, We feel that the same
suthoriation should be granted tothe: New York State Departnret
of Correction. a
Recommendation No.
ELECTION OF JUDGES
"hat the present procedure of electing judges be abolished and an
appointive process as is presently being used by other siates and the
Federal government instituted to insure the highest level of civil and
criminal justice inthe State
COMMENT: The overwhelaing defeat ofthe propose Constitation by
the electorate in November of 1967 clemy showet the folings of the
evple ofthe State toward the doctment draft bythe estes the
Consttational Comention. The Judicial Arile continued the sectne
rooms at a means of obtaining judges. While was only one pat of
the proposed new charter forthe Sate, we elleve that tsny diene
voted to defeat the proposed Constitation om thet ground alone
‘he number of oustanding individual and organizations hich calls
for a nor selection process cannot he overlooked, Im this group re
Soclded: The Commitee for Modem Couts-—"The jul eite
Jenoces merit section of judges which is reason enough to rejet I's
the Women's City Cia of New York”. fais in respect o dil
3a
selection and court reorganization ..."; the League of Women Voters of
the City of New York—“Its serious defects include partisan selection
fof judges and patronagevich courts...” and The Correctional Asso-
ciation of New York—"The proposed Constitution fails to correct the
buses inherent in the present method of the selection of judges. The
new provision continued selection by election instead of by properly
safeguarded executive appointment, That one failure is deemed serious
‘enough to justify a vote against the entire new Constitution.”
{An editorial in the New York Times referring to specifie “judgeship
deals” stated:
“The whole episode reinforces a strong argument for apply-
ing to all judgeships a selection process in which nominations
would not be made by political eabalicis but by screening
committees of distinguished lawyers and laymen, If public re
sentiment against the trafic in high judicial posts forces such
change, the courts will grow in effectiveness and public
respect.”
Another editorial appearing inthe same newspaper stated:
“..cand the time has come to give it a new objective;
to do away with the election of judges. Popular voting was
proved again last November to be a very poor way to pick
judges—except as a means to distribute political plums, All
judges should be appointed by the Covernor or Mayor in light
of expert non-partisan advice.”
Getting judges by election has not worked to give New York the high
quality of judiciary thatthe State deserves.
For the reason stated above, The Correctional Astocistion of New
York strongly urges that the matter of judicial selection be given highest
priority by the Legislature and that steps be taken immediately to
prepare for submission to the voters a new Judicial Article for the Con:
stitution which would establish an appointive judicial selection proces.
THE CORRECTIONAL ASSOCIATION'S
GENERAL ACTIVITIES
STATE
NATIONAL,
INTERNATIONAL,
Preliminary Report of the Governor's Special Committee on
Criminal Offenders
Tn advance of release date, the Association was given two copies of
the Preliminary Report of the Governor's Special Committes on Criminal
Offenders. This 328 page report first presents a philosophy of correction
and then builds an administrative structure to support it. The recult is
the presentation of a system of functional administration to be applied.
to the continuum of correction.
‘Tue Governor's Special Committee feels that custody should be con-
from full time field supervision to full time incarceration. Onco such
4 continuum of custody is established, with each change in level of
inevitably follows that there should be one integrated
for an individual in eustody, supervised by one integrated agen
would have control over an offender from the time of adjudication to
final release from state control
Cowhairmen for the Governor's Special Committee on Criminal
Offenders are Paul D. McGinnis, Commissioner of the Department of
Correction and Russell G, Oswald, Chairman of the Division of Parole.
Commissioner George K. Wyman, Department of Social Services; Lawr-
ence W. Pierce, Chairman of the Nateotie Addiction Control Comenis:
sion; Thomas F. MeCoy, State Administrator, Judicial Conference and
Administrative Board; Dr. Christopher F. Terrence, First Deputy Com.
missioner, Department of Mental Hygiene; and Milton Luger Director
of the Division for Youth constituted the remaining members of the Com-
rmittee, Mr, Peter Preiser is the Executive Director
Because it presents in conceptualized form the theory of a modern
postadjudicatory/eriminal treatment system and an analysis of the
problem of the prevention of recidiviem through treatment administered
by the post-adjudicatory/treatment system, the repart is not easy read.
ing. The Association received several telephone calls from members
of the press asking for not only our evaluation of this report but an
interpretation of what the report actually said. There was relatively litle
publicity given to the report in the New York City area. However, the
Gannett chain of newspapers. with whom the Association spoke, car.
vied much more detail and favorable comment upstate
‘The Correction Association's Ad Hoc Committee on the Report of the
Governors” Special Committee on Criminal Offenders met to consider
several points inthe report which had been raised specifically:
st
38
. Should the administrative control over pre-sentence investiga
tion work be removed from the judiciary and placed with the
‘executive branch of government;
Should children adjudicated juvenile delinquents or persons in
need of supervision he placed in a Department of Rehabilita
tive Services or should they remain with the Department of
Social Welfare;
| Should the existing facilities of the Division for Youth be
transferred to this new department or should they remain part
of the New York State Division for Youth;
Should involuntarily committed addicts presently under the
‘control of the New York State Addiction Control Commis:
sion be placed in the Department of Rehabilitative Services.
‘The position of the Association as formulated by its Ad Hoc Commit
tee was transmitted to the Advisory Committe to the Governor's Special
Committee on Criminal Offenders by the General Secretary, who is «
member of that Advisory Committee, The General Secretary was also
speaking for Mr, Cass, himself a member of the Advisory Committe,
‘who was unable to attend its meeting but completely concurred with the
position of the Association and asked the General Secretary to make
this known to the Governor's Committee. Despite the differing points
of view at the beginning of the meeting of the Governor's Special
Committee, more and more consensus developed around four points the
Association presented:
1. ‘That rather than weaken citizen involvement in the correctional
process, it should be strengthened even to the point of involv.
Jing representatives from the communities from which most of
the offenders come, and that the Commission of Correction be
strengthened by removing the chairmanship from the Com:
aissioner of Correction.
To retain autonomous parole boards rather than have the
decision of custody change left to individuals in an administra
tive department ofthe exeeutive branch of government
3. To continue facilites for juvenile delinquents under the age of
12 jn the Department of Social Services rather than within
an overall Department of Rehabilitative Services.
4, To shift that aspect of probation involved in the supervision
of probationers into the Department of Rehabilitative Services
within the Executive branch of government while leaving
39
pre-sentence investigation and intake work ofthe present Proba-
tion Department under the control ofthe courts
The Association was most pleased with the reactions to its observa:
tons, In addition to throe requests from members of the Advisory Com-
mittee for copies of our presentation, requests were also received from
Doth the Commissioner of Correction and Chairman of the Parle
Board.
Employment Policy of Large International Corporation.
‘The first concrete change in th
international eorporation on hiring individuals with a criminal record
was made after almost « year of effort on the part of the Association.
Jt will be recalled that the General Seoretary met at corporate head.
quarters on several occasions with the Director of Corporate Personnel
Policy and other members of the personnel staff of the corporation and
personnel directors from local branches in an effort to encourage a policy
thigt in corporate employment practices which barred individuals with
criminal histories fom employment with them, He Tater met with the
Chairman of the State Parole Board and his staf to obtain profiles of
individuals who had resided in the corporations headquarters area and
‘who would be available for employment ifthe ban were lifted.
From time to time aver a period of several months, the Correctional
Association provided material to the personnel directors which would
‘encourage the company to change its policy. The article the Association
prepared for the Council of State Governments on work release, the
article which appeared in the December 1967 issue of Office Magazine,
and a report on the success of the Danbury operation constituted some
of the material sent. We further suggested thet a modification be made
n their application form following an innovation developed in Cook
County, Tinois, which notes on employment application forms that
Criminal history is not an automatic bar to employment but that each
cate is evaluated on its own merit.
‘The Association was advised by the Director of Corporate Personnel
Practices that the Company had modified ite application form to include
the above statement. In addition, the psychology department of the
‘corporation is presently engaged in an intensive study to determine those
factors in an offender's life which indicate that the individual would
bbe a bad employee. These data when obtained will be suppliod to the
Company's personnel departments as guidelines.
Tecause the corporation was somewhat embarrassed over its previous
mn, it was their intention to gradually and undramatically integrate
40
individuals with criminal records into their factories and plants, We
were asked that no publicity be given to this move and that it be kept
confidential
Later in the year, the Correctional Association was asked by the
Corporate Personnel Department to mect with the local probation staff
in order to develop a closer working relationship between the corpora:
tion and probation, This is a further step this corporation took to re-
move all ofthe previous bare for employment of exoffenders.
Work Relea
Of great interest to the Correctional Association was the fact that three
bills authorizing work releate programs for county jails, county pens,
and the New York City Department of Correction found their way to the
Governor's Office for signature during the 1968 Lezisative session,
For a number of years the Association has been urging the enact
ment of a work-furlough law which would enable the New York State
Department of Correction to release certain selected individuals to work
in the community during the day, returning to the institution at night.
In 1966 at the request of the former chairman of the Joint Legislative
Committee on Penal Institutions, we helped prepare a bill to allow
such a program, Further, on three separate occasions, the Association
‘was in contact with Senator John R. Dunne, Chairman of the Senate
Comittee on Penal Insitutions. In addition to sending him background
‘iterial and articles on work release, we provided him with a list of
Individuals who should be contacted for public hearings on the several
Bills on work release,
‘Two hearings were held, one in Albany and the other in New York
City. The Association testified at the New York City hearing, together
with Mr, Edward Croft, Director of Rechester Jobs, Incorporated,
fand Mr. Gerald Sullivan, Director of the Continued Care Unit of the
Monroe County Hospital, former Deputy Superintendent of the Monroe
County Penitentiary. We suggested to Senator Dunne that both be in-
vited to testify.
Of the several bills introduced on the topic of work release, the
Association was unable to support the one proposed by the Joint Lexis-
ative Committee on Penal Institutions, formerly under the chairmanship
of Mr, Bertram Pode The Astociation did support the bill jointly
introduced by Assemblyman Robert Abrams, Senator Whitney North
Seymour and Senator John R, Dunne. The General Secretary appeared
with two of the legislators as yell as representatives of the Community
a
Service Society Committee on Youth and Correction at press confer:
ence called on this measure.
While both the Senate and Assembly passed the bills to authorize
work release programe in county jails, county pens, and the New York
City Department of Correction, the bill to create a work release program
for the State Department of Correction was vetoed by the Governor on
technical grounds,
Legislation in Governor's Office
‘Tho Governor's Offico, as usually ocours, asked the Astociation for
its point of view on some 30 bills passed by the Legislature, the work
release bills hing among them.
‘Many of the remaining bills passed by both the Senate and the Assem-
ly on which the Governor requested our counsel focused upon emerg-
ency measures to cope with the possibilities of civil disorders or riots
in the cities of the state during the summer. They involved such issues as
4 procedural change to permit the fling of an alfidavit by an arrest:
ing officer in a city declared an emergency area so that the policeman
will not have to appear at the time of arraignment and another bill
which authorizes the Commissioner of Correction of the State to lease
parts of or all of a correctional facility to local muniipality or
county. The latter bill would enable the City of New York to utilize
state correctional facilities to held in detention any overflow population
aboxe the 10,000 presently planned for in the event of « major riot
One particular bill on which the Governor requested counel would
increase to a life sentence the penalty for giving marijuana to an
individual under the age of 21. Tn view of the position that the Associa-
tion had already taken concerning a study of the deleterious effects of
the use of marijuana (a bill introduced on behalf of the Association for
such a study died in Committee) we felt such legislation undesirable
and urged the Governor to veto it. The other minor bills affected the
penal law and the code of eriminal procedure. After consultation with
the Temporary Comamiesion on Revision of the Penal Law and Criminal
the First Judicial Department, the Association supported the minor pro-
cedural changes. i "
Abortion Legislation
Working together with a number of other organizations in a concerted
lfortto bring about a modification in the abortion law of the State, we
2
contacted all members and individuals on the Association's mailing
Tiss urging them to write their legislators presenting their views on the
propored shortion law modification. There were not a aulficient num:
ber of votes to bring about passage this year, but the feeling is that 1969,
should see legilative action on meaningful abortion law reform,
Prostitution,
Prior to the enactment of the new penal law effective September 1,
1967, the offense of prostitution carried with it a six-month maximum
penalty. As a result of the re-evaluation of all offenses by the Temporary
‘Commission on Revision of the Penal Law and Criminal Code, prostitu
tion per s¢ was reduced to a violation with # Sfteenday maximum
sentence, Despite the fact that public hearings were held over a two-
year period on the then proposed new penal law, and the proposed
Jaw itself was widely circulated among agencies involved in the admin
istration of justice, it was not until « month before the enactment of the
new law that a hue and ery was raised by the New York City Police
Department, They claimed that hecause of the reduced penalty, “New
York City would become a mecca for prostitutes.” To offset what the
police considered to be a strong possibility, the New York City Police
Department began making mass arrests of women charging them sith
loitering or disorderly conduct. Since neither charges could be proven
‘most instances, these mast arrests resulted in mass dismissals by the
‘court, The police, hecoming frustrated, then urged the Mayor to have
the penalty for pr
Lindsay formally asked the Legislature to increase the penal
tution to a Class A misdemeanor with a one-year maximum sentence
Since the Association had previously taken a position opposing the
Inclusion of prostitution per se in the criminal code, we opposed this
move by the Administration, In addition, we were contacted informally
by a stall member of the Governor’s Crime Council who asked us to
‘write on this penalty increase.
To plan strategy, the Ad Hoe Committee on Prostitution met and
reviewed and reaffirmed the Association’s position. This position is that
prostitution per se should not be a eriminal offence bat that solicitation
‘which constituted an annoyance to others should he proscribed by erimi
nal law.
Mr. Chambers wrote a letter to the Mayor explaining our postion
and urging him to reconsider his stand, In addition, members of the
Legislature were contacted personally ax were various newspapers
throughout the State. The Bill ultimately failed of passage.
Gun Control
AAs a result of our recommendation on gun control to the 1968 Legis.
lature, the Association was invited hy Assemblyman Leonard Stavisky
to affiliate with the Citizen's Union, the Community Service Society and
interested individuals in order to form the New York State Citizens!
Committee for Gun Control Laws. This group, under the chairmanship
of former New York City Police Commissioner Vincent Broderick, is
the New York Stato afiliate of the Netional Committee for Responsible
Gun Control Laws headed by James V. Bennett. The Committee opened
its efforts by sending a delegation of which the General Secretary was
8 member to meet with representatives of the Governor to request a
special session of the State Legislature to enact gun control legislation
The Committee adopted as its legislative guidelines the essence of
the bills introduced in the last eession of the Legislature by Aaserubly-
‘man Stavisky and Green which includes the following points:
1. Licensing of al firearms dealers.
2. Permits for possession of all firearms with the exclusion of
certain clearly defined eategories of
. Central State frearme registry.
. Restriction of ammunition to those holding appropriate fire-
arms permits.
Permits renewable every three years.
Complete proscription of all destructive devices such as anti-
tank guns, bazookas, etc.
The Commitee worked to contact as many State and acl ong
tions as posable to dnterest them in gon control Thwe orgnisatons
vere sem a kt of materi which includ a statement of poston, a
Scion shest dealing simp netvte that can be anderen bythe
local group to work for gun contol a copy ofthe book No Righe To
Bear drm, 20 capes of which have bean donated by the pulses
4 member of this commie, and bumper vickers reading “We can
LIVE with Gun Control.” ° fig OW
The Commitee also crulsien all canldates forthe State Lesa
tire to ascertain their potion onthe question. The real of hs poll
will be ted to determine thweleltors who ned toe cine of
the neces ofthis lislation
‘The Committee also attempted to secure the active support of Gover-
‘or Rockefeller for gun control and towards this end invited Mr, Rich.
“
Chairman of the Crime Control Council, to attend a mect
ing and dis ion. ted the Junior
Leagues of America and
Clubs to interest those organizations in ur
‘campaign for a gun control law for the State. In addition, we
ce mailed a kit of material to be sent to approximately 400 organize:
Hons asking their cooperation and assistance. Further, we made per
onal contacts in an effort to have the Governor make gun control part
‘ofthe administrative legislative program for 1969,
‘We were further encouraged by having a representative of the national
gun control group headed by Mr, James V. Bennett, former Director
Siiihe Federal Bureas of Prisons, offer to provide the Asrociation
Sith the names of the New York State residents who have contributed
To the effort to bring about Federal gun control legislation. It is expected
that we will be receiving the names of approximately 10,000 individuals
in Now York State who will be encouraged to write their legislators,
The climate of emphasizing “law and order” may be detcimental to
our elforts in that those opposed to gun control are claiming errone-
fuely that gun control laws wil mesn that the law-al
Gable to defend himself, while “the eximinal clement” will be able to
Shain all the seeapons they want. In addition, most of the past state
Spposition came from the upstate Republican counties and now that the
Lorielatre is entirely Republican controlled, there is a question a9 to
the amount of power these upstate counties will exereise during the
1060 legislative session,
New York City Marshals
For approximately four years the Association, together with the Cit
‘zene Union, has been working to bring about the abotition of the City
‘Marshals with their Function being transferred to the Sheriff's offic.
‘There are approximately eighty City Marshals appointed by the Mayor
to serve civil papers, principally upon the poor. The position isa political
hengover from the early 1600s, The Marshals receive no salary but do
teveive a fee for each paper served and a percentage of all gamnishees
"About four years ago the Association joined with the Citizens’ Union
in a quiet but concerted effort to bring about the abolition of this posi
tion and to have the funetion incorporated in the Sherifs Department
of the City of New York as we felt that not only was the City losing
come but that the position was an anachronism in the 20th century:
‘More recently, as « result of the present City administration, the value
and fonction of the position of City Marshal has been publicly ques
tioned,
4s
Before the present publicity, and to assure that there were objective
citizens? groups behind the movement to abolish the position, the
‘Association was represented at a meeting st the National Municipal
League sponsored by the Citizens’ Union for the principle purpose of
showing support to the New York City administration for an abolition
of this position,
‘The bill did not pase the 1968 Legislature as the position of City
Marshal reprecents a somewhet important patronage appointment avail
fable to the various political club houses, Despite this, the Association
will continue to press to have the function of the position taken over
by the Sherif" Office.
‘Wardens’ Position — City Department of Correction
re at re’ ye
Bill to Greate a City Correctional Adi
New York
‘The Association was asked to mest with counsel for the Assistant
Deputy Wardens’ Association of the New York City Department of Cor-
46
retin to discus the propose bill to erate a Crzectonal Adminitrn
on for he iy
“Ts we did and were surprised that she Assistant Deputy, Ward
Aurctian belived tht the creation of « Coretonal Administration
SSG nuodace Into City sdministaton some twenty patronage pos
Sonn Thin thy spelled oot is Iter to Councilman Sadowaky, Chai
Bem The Gormitce on Teorgaivation of the New York Ciy
Conc
‘Despite he fac that in January f 1967 the Association had supported
the Seclomnnt of «Correctional Administration forthe Cty 08 the
cae cet in the principle ofan integrated Department of Cor
vette, our arstance was sought hy one of the many labor organiza
‘Sons the Department of Correction to suppor thir oppor ouch
Sia ope sora Hours wiih the counel for those who opposed
thei :
‘tr the Ad Hoe Commie on the New York City Department of
Coit teat to continse ts previows positon of support for the
Seton of «Corrina! Adnnisration
ennite thin counel forthe diet group in the New York City
Departncat of Correo cootinoed pros to ect with s nd preset
feds sriance ast why a Correctional Administration should not be
eae,
Student Disruption
Iman efor to at a peer» poston on thw pret bear
oi nt tthe Gace eran tt ih Prfoser Drv
Gc we aon ns mi ht
aa neon farmes Denn Depart of Pastore Service
an een of Churches to a loge nd eclgea
fh Nana Compan the sover aut” ket calle
Ze SESE Fite metags nve aoto bt acount
See cor te Map ine l the Nootoer of he Avec
Tre acon ofc abet: nach
Tes oe Cece Seranry dco a mater wih ch
ind ter Mate Werle Cit Repro te Ait
aac oad GutrlEdvord Cronevr ane fhe unas
Stic Connie for Nedrs Con
“Theatre For The Forgotten”
Professional actors and producers who constitute the Theatre for the
Forgotten are volunteering their services to produce plays in New York
a”
City Correctional institutions, using inmate actors, electricians, and stage
hhends. The small core of actors that form this organization are giving
of their time and ability because they firmly believe that their efforts
ray help some individuals to turn from a life of crime, The director
of this group, with whom the General Secretary met, wae seeking not
immediate funds for a specific production but a sufcfent amount of
money to permit the group to carry on an extensive program of one,
producing dramas inside correctional institutions; two, employing ex
offenders with interest and talent in a community theatre obtained from
the City of New York for $1.00 a year rents and, three, developing
road companies which would continuously stimulate the interest of in
carcerated individuals inthe theatre for its possible rehabilitative effect,
"The rehabilitative effects upon certain inmates are great and we pro-
posed that The Correctional Association of New York arrange for
Committee of the Executive Committoe to meet with members of the
project to consider ways in which the Correctional Association might
De of further assistance.
eis interesting to note thet approximately two years ago the General
Secretary met with the professional actress who first conceived of the
dea of developing, a “Theatre for the Forgotten”. Since original encour.
agement we lost contact with her and the group until just recently.
‘After a tall: by Robert Zarem, a Director for the Theatre For the
Forgotten, at the May Exeeutive Committoo meeting, a number of
members of the Committee expressed a desire to see the next theatrical
production of this group, Arrangements were made for a group of 13
members of the Executive Committee and their friends to attend “The
Showing of Pancho Blank” by Shaw on Rikers Island. The group i.
cluded Melber Chambers, Harold Hochschild, Lucia Ballantine, Mary
Baird, Harold Wilmerding, wives, relatives and friends. Other members
of the Executive Committee were unable to attend at such short notice.
‘The Theatre For the Forgotten i a group of professional actors,
ducers and backstage hands who are devoting their time and talent
to make the theatre a rehabilitative tool for individuals who have come
in conflict with the law. The group was seeking. $200,000 grant for a
‘eo year period to establish permanently The Theatre For the Forgot
ten as a rehabilitative technique as well as an entertainment vehicle
for prisons in the state and nation.
Physical Plant Based Upon Correctional Concepts
‘The Astociation’s first contact with Kenneth Ricei was six years ago.
At this time a young architecture graduate student, he was begis
his Master's thesis on the plans for a correctional institution for adoles-
48
cents, He eame to the Correctional Association for conceptual direction
We spent many hours with him, advising and suggesting. The young
man finally received his Master’s degree in architecture,
He left the United States to join the Peace Corps, returning within
‘around nine months because of a fractured log incurred in an auto-
mobile accident in Central America where he was drafting plans for
local elementary schools.
Shortly thereafter, because of his fundamental desire to translate the
concept of adolescent rehabilitation into a physical building, ho returned
to the Correctional Association for a series of meetings and discussions.
fe joined with another architect who had been two years in the Peace
Corps in Africa and, using the Correctional Association for conceptual
direction, worked for two years to draw plans for an urban residential
‘center for youths in trouble, The physiol plans seemed so proctical and
conceptually true that the Association arranged for these individuals to
meet with representatives of the Division for Youth of the State of New
York which, after a year of consideration, published in its Journal =
‘major article on thei proposal.
‘Of most concem to the Association was that these individuals devoted
their time and effort toward transplanting concepts of correction to
physical buildings without thought of personal gain.
This item is mentioned because the young mea were asked by the
State of California to meet to discuss institutional plans with them. The
[Association was most pleased that it was consulted prior to the tip to
the West Coast.
‘The importance of this cannot be evaluated by whether the State of
California accepts their plans, It ean be evaluated only by the fact that
the Association has been instrumental in interesting disciplines other
than those directly involved in correction in the problem of offenders
nd means of bringing about their rehabilitation.
‘Teacher Corps and Vista Project —
Department of Correction
In 1967, the Association was asked by the late Senstor Robert F.
Kennedy to testify in Washington on a bill he had introduced which
would allow selected correction departments to use members of the
‘Teacher Corps and VISTA in institutions. This bill was the last Bill
‘ofthe ate Senators to be enacted into law.
‘The amount of fands appropriated by the law was such that only
cone department in the United States could be involved. ‘The New York
City Department of Correction was selected.
a9
‘The General Secretary was asked by the Mayor's Office to attend
4 press conference conducted by Mayor Lindsay at which the announce-
ment of the program was made. There some twenty teacher Corps mem:
Ders who will participate in the program attempting to upgrade the
academic level of the adolescents under the New York City Departament
of Correction were introduced, The program hasieally ie an intensive
totoring program by the Teacher Corps followed up by a “Big Brother”
type of relationship hetween members of VISTA and releasees.
Drug Conference
The Atsociation was reprevente atthe fat of to major statewide
conferences held hy the New York State Narcotic Addiction Contrl
Commission. This tvoday conference eniled “Prevention of rug
Abe is Everybodys Basne” was devoted to wertshopy ie
tascaton, law enforcement, social reverch, moral, whical and sie
fun aly, comanty action, the vole of sci agen, andthe rele
Of busine and industry in drug prevention, The Conference had over
1000 rgintants dra from te ranks of edvaion, svi wor, Io
enforcement, community action groupe, snes and indiidual
fren wth no specie afiliaton It srved not only as vehicle forthe
‘pert atembled by the conference to inform thove tenting whet
the Conmmigion has dene, doing, end ls pamnng for he fe
but ako a2 meena for thoes indivdaals notin the ntul treatment
twp of drug sd to comment questa, ec, and sugge
‘The theme running throughout all ofthe workshops was the imper
szive need for uniform criteria and rgoron, objective evelaton of ll
Programm. It vas noted thal te Commision now has under he seis
fll six ofthe major rete of tenting drug adition. This lends fo
She unprecedented opportenity nt only Yo develop a sandard eal
ston proctre, but aio to be able to compere the effectivences of the
‘erousprogeate in eating ets
Meeting of CL-E-A.R. and Civie
Development Committee — Rochester
‘The General Secretary and Mrs. Ballantine, Chairman of the Ad Hoe
Committee appointed to consider the proposal made hy CLEAR to
sfliste with The Correctional Association of New York, attended a
Incheon meeting jointly sponsored by that organization and the Civie
Development Committee of Rochester, The principle speaker at the
luncheon was Judge Harry Goldman, Administrative Judge of the Fousth
Judicial Department which covers western New York State.
50
Following the luncheon meeting, Mr. Goff and Mrs. Ballantine visited
Monroe County Penitentiary which has been condemned for years as
Deing unit for human occupancy. Despite the deplorable physical
condition of this institution, Mrs, Ballantine and the General Scoretary
wrere markedly impressed by the new superintendent of the Continuing
Care Unit who under mental hygiene auspices is handling many of the
skidrow aleoholies and the new acting assistant superintendent in charge
‘of rehabilitation for the Monroe County Penitentiary.
‘A Plan for Court and Probation Services — Monroe County
With the encouragement and assistance of The Correctional Associa
ation of New York, the Rochester Bureau of Municipal Research, a
fone of a special series of studies being undertaken by the Bureau for the
Monroe County Legislature and Rochester City Council, submitted «
plan for court and probation scrvices in the county. The principal pro-
‘the plan called for a merging of two of the existing three
Separate probation departments in the county and the dividing of pro
bation into its two fonctional proponents: (1) to incorporate the inves:
Tigatory and presentence function of probation into a Bureau of Court
‘Services under the administration of a three-member court services
Doard consisting of the Administrative Judge of the City Court and the
‘Administative Judge of the Appellate Division of the Supreme Court
ferving the area, and (2) the supervisory aspect of probation to be
Consolidated into a county bureau of probation, headed by a profes:
‘lonal probation director and placed in a new County Department of
Rehabilitation and Correction in the executive branch of government.
‘This County Plan for Probation, proposed by the Association and
published in the study entitled “A Plan For Court And Probation
Services” by The Bureau of Municipal Research, was accepted by
Judge Harry Goldman, Administrative Judge of the Fourth Department,
and Mr. Gordon A. Howe, County Manoger of the County, and the
County Legislature. Further, the Stato representatives from Monroe
County introduced legislation to allow for the development of a unified
probation system and county correctional department which were pro
posed by the General Secretary ancl expounded in the study. A law was
Jaally enacted to consolidate two of the three probation Departments
in the County. It has long been the contention of the Correctional
‘Association that the administrative organization of the various functions
jn the administration of justice should be examined based upon their
Funetion rather then apon historic precedents. To this end it was pro-
posed in the study that probation should be administered in a two-fold
tray. Those aspects of probation invalving services to the courts should
sl
be separated from the function of probation involved in the supervision
of individuals convicted and sentenced to probation, The latter should
he placed under the executive department in a county department of
correction, the former to remain under the courts, This proposal runs
contrary to that which has been historic precedent in this state, namely,
that probation services are and should be a {unetion of the courts.
We believe eventually all eld services involving individuals conviet-
cd of a crime will he within the executive branch of the government in
a Sntegated sytom such as is presently in essence wih feral
offenders.
‘Monroe County Study Committee
To implement the proposals contained in the report of the Rochester
Bureau of Municipal Research “Justice Detained” and “A Plan for
Court and Probation Services”, Monroe County Manager, Gordon A.
Howe asked the General Secretary to serve as a member and consultant
toa St:member committee consisting of the outstanding lawyers, govern-
rental officials, and judges from western New York including such
individuals as Administrative Judge Harry D. Goldman of the Appel-
Inte Division Supreme Court; Family Court Judge Joseph G. Fiske,
together with a Monroe County Sherif, Albert W. Skinner; Rochester
Chief of Police William M. Lombard; the Chief City Court Probation
Officer, the County Probation Department Director and others, The
Committee elected Charles W. Wilcox, past president of the Monroe
County Ber Astociation and chairman of the Bar Associstion’s Task
Forue on Bail Procedures, as chairman.
AA series of sub-committees were created with particular emphasis
boeing placed upon the development of en ROR program since the
existing county jail was so overcrowed that over 100 individuals had
to be held ponding tral in the Monroo County Penitentiary.
At a meeting at this group, # major issue was how best to handle
ROR, Internal polities manifested themselves and the issue as to which
agency should be primarily responsible for proposing to the courts who
should be released on their own recognizance became of great concern.
It was our proposal and contention that since the matter of release
on bail is one to be decided by the courts, that aspect of probation
court those individuals who should be released on their own recogni:
‘ance. On the other hand, the public defender, a recently ereated position
within the county, contended that courts would have access to informa
the defense would not have and therefore the public defend.
52
ers office should be the agency to recommend ROR, To further com.
plicate matters the Chief of Polico of the City felt the police should be
the agency to propose to the courts those individuals who could be
safely relesced prior to their trial, As a compromise plan, the Bureau
of Municipal Research of Rochester, an independent organization, pro:
posed that it should administer ROR programe with county funding
It was our position that since ROR is a matter to be decided by the
courts, an arm of the court should be the screening and recommending
agency. We were opposed 10 either of the protagonists — prosecution
‘or defense —being principally responsible for the release on own re-
‘cognizance process as we felt that they are too involved to be able
to make an objective evaluation as to whether the individual will or
will not appear in court when he ix due.
Luncheon Meeting for Torsten Briksson
Director-General Swedish Correction System
‘The Association was well vepretented at a luncheon mesting held for
Mr. Torsten Eriketon, Director-General of the Swedish Corretion Sys
tem. Mr, Cass, Mr. Schulte and Me. Goff were all pleased to have
been invited to this affair given by the Department of Correction on
kere Ieland.
(Mr. Erfkaon fs well known to us and is one of our foreign cot
respondents. In 1965 he was chairman of the Host Commitee for the
‘Third Quinguenaial Congress on the Prevention of Crime and the Treat
‘ment of Offenders sponsored by the Social Defence Section ofthe United
Havens Relief Fund
The Association attended the Annual Meeting of Almoners for the
Havens Relief Fund. This Fund, one of the oldest in the country,
provides the Association with money it can use for direct services to
ameliorate the suffering of worthy indigents, At the time of his retire
‘ment, Mr. Cass was one of the oldest almoners of the Havens Relief
Fund.
Iuvenile Detemion in New York City
In January of 1968 the New York City Probation Department as
sumed the responsibility for juvenile detention in the City and has
Introduced a number of programs to bring about its improvement, One
such program that has been developed with some success js the ute of
53
‘2 probation staff on a perdiem basis on weekends and holidays to sereen
jnveniles who have been brought to detention by police and for whom
there has been no petition filed in the Family Court, The probation
staff has the authority to release these individuals feom detention pends
ing court appearance.
OF the first 150 police arrests, 62 children were released or paroled
by the probation officer working on weekends and holidays, ‘These
releases were made following contact with all parties and evaluation of
the factors involved, A follow up with the juvenile branches revealed
that all but one ofthe childsen appeared in count as scheduled.
‘The weekend probation officer was involved in planning for outof
town runaways and was able to affect release to parents 11 of 16 run.
aways during the weekend.
Of the children serecned and detained, iti significant that in 30 cases
the parents failed to respond to either notification by the police or
telephone messages, and in 32 situations the parents refused to accept
responsibility for their children.
Vocational Training for Probationers and Paroles
‘The Correctional Association acted a3 liaison organization between
4 City sponsored MDTA training program and the probation and parole
departments. We were contacted by the MDTA coordinator who was
heving difficulty in recruiting individuals to ll his programs, Having
worked out on Rikers Island, he was especially interested in using
‘offenders, Working with special programs in the Division of Parole
‘and in the Brooklyn Supreme Court Probation Office, the Correctional
Association hopes to be able to direct parolees and probationers into
‘raining programs in such skills as building maintenance, sewing ma
chine repair, shoe repair, otc. The training is generally for a L2-weck
period with a job guaranteed atthe completion of the program.
Alcoholism and Epileptoid Behavior
A probation officer from the Kings County Probation Departent
take the Avocation for amisanee na panelaly Interesting nod
unique probiem ease Porto the final diponton by te cours os
Young H0.year old male coniced of ational tpe, the promotes
inveigation revealed aperta which nened frien inteionton The
fst was tht the attempted rape took pac i the middle of the doy to
downtown Brooklyn infront of teverel thousands of people, The scooed
‘vat thatthe defendant had honesty aimed no knowledge of eons
Jn the coure of « prychinticexanination nt Kings County Heorial,
a
suspicion of possible epilepsy was noted, A routine EEG was performed
‘which showed no abnormality in brain waves, The suspicion continued,
hhowever, and upon frther examination it was determined that the in:
dividual had been drinking prior to this offense and several similar
‘msrult offenses in the past. Again, because of the persistent suspicion
of possible epilepsy, it was decided to do a special EEG using as con-
sultant a nesrologist knowledgeable in pharmacology, The Association
provided the consultation fee.
An EEG was performed on the individual which again gave a neg
ative resull, While still being examined, the defendant was given eix
ounces of rye whiskey, at which time the first evidence of epilepsy
showed in the brain wave syndrome. During the abnormal peaking of
the EEG the individual also manifested cliniesl symptoms of epilepsy
and a teraporary blackout. After a short period of time, when the
Alcohol had been oxidized, the brain wave pattern returned to normal.
‘The defendant, whose behavior was perfectly normal with no alcohol
in his system, showed abnormal behavior, unrelated to normal intox.
ication, when he had imbibed any aloohol, and was completely unable
to recall events in ths state, Since his behavior when he hed any alcohol
in him was extremely seriously aggressive, it was feared by the defend
‘ant, his family, and the court that unless remedial action was taken
to bring the epileptoid behavior under control, the defendant would
Kill someone.
‘The General Secretary discussed the ease with Dr. Ruth Fox, Med
ical Director of the National Council of Alcoholism, Dr. Ralph Bran-
cale of the New Jersey Diagnostic Center, and several neurologists who
stated that they knew of no cases wherein alcohol induced epileptoid
Drain wave reaction.
‘We were successful in having the individual accepted by a research
tunit in the Beth Iarael Hospital where complete pharmacological and
nourological tests were conducted. It is hoped that the defendant will be
placed on dilantin, and that dilantin, even if alcohol is imbibed, will
‘prevent the epileptoid behavior pattern of the past and control the highly
aggressive and assaultive behavior.
Parole Prediction Study
‘The National Institutes of Health awarded a small grant to Rutgers
University Psychology Department for a research project on recidi-
vim, The Association hus been contacted and asked to act in an advi
sory, consultative capacity to this study which will involve the testing
‘of 500 sentenced adolescents at the Adolescent Division on Rikers
Jandel be agit tnded Smeal upon ar
“nav ot ey apt
Si tens rae ee a rete
the cpiraton of thr parle aan meee ae nee
ity wills cased ain he neste a
i scoala we 0) dates eae rte
dere tc any coat bana ee ae,
pcp etedertid de etna
in ito othe pel nd epee to demise motivation ad
ia aoocae sae eee
Sintawed Sool ae ees ee
Seen
One of the serendipitous results of the project is that for the first
time every admission to the Reformatory on Rikers Island will hay
4 mental ability test administered which can be used both for casei
fication purpores in the institution and as part of the case folder for
study and consideration by the parole board,
‘The General Secretary met a number of times with the Commissioner
and Director of Research of the New York City Department of Corres
tion and the Chairman of the State Parole Bosrd. All af the govern.
‘mental officials involved were most enthusiastic about the project and
cooperated to their fullest, It is estimated that it will be approximately
three years before the final results can be known, but in the meantime,
interim reports will be made both to the Departiment of Correction and
to the State Parole Board of the findings to date.
Institute of Judicial Administeati
‘Tho Association was asked by Dean Gutman to present its views on
the judicial selection process in New York to a heating held by the In:
situte of Judicial Administration. We again reiterated our call for a
revision in the judicial selection process and a shift from the election
‘of judges to their appointments after approval by a non-partisan, non:
Political screening body. We wore pleased to be joined in
such individuals as Whitney North Seymour, Sr;
former President, Federal Bar Association of New Y:
rk, New Jersey
and Connecticut and Michael Dontzin, Assistant to the Mayor, speak.
fr Mayor nay
hi
indicial
I parties to use judicial posii
srew out of the disbandment of
non-partisan screening committee which had been organized by Pro:
56
siding Junice Botein, This commiter was disbanded shosly aftr it
toe anganized because the poliealInndera want back on agreement
that they would not place on the ballot individuals the commie bli
trl to be nqualie for jodicialpostlona
‘he need for a party cbouse power base by individuals qualified
sud desiring a jucal post wan again brought to the atetion of the
General Secretary by calls from ive posbleeandidatn for Jadgedipe
in the New York City Criminel Cour, Both mere qualified by exper
ieace and would undoubtedly make good judgon They both, however,
cxprewed the fact thas they would have a major uphill fight becawe
didnot have strong clubhouse support.
‘One connote encourged a thls tne that share wil be any change
in the jail eerion proces, 90 deply rooted in patronage i the
prevent system. One does, however, realize the urgent nea! for a
tovsion by the recent election at which time there were sme $9 judge
for the elector to choose, withthe great majority of the candidates being
nominated by all pers, An Snlerating question wan roited of Mr.
Edvard Cowfikyan, former Democratic leader for New York Cy, by
fone of the audience, He was aaked how many people were involved in
the Demcerae pety in electing thowe who would nun for judgebip.
Mz. Cowikyon eatimated tht 150 disret Tenders select those who
col on» Dect kt He il wt fal‘, hones,
ow many judgerhip had boon alloted the Republican party, Libera
sce Cones ry ia acest Wade oa ee
pari
Visit to Night Court
‘The Correctional Awocition excoted Dr. Purnell Benson, a rtcarch
sociologist on s tour of ght cour, Dr, Benson isthe chet investigator
for the reearch project at the adolescent division on Rikers Island and
vas very intrested in sering a8 inch of the system of the adminis
tration of justice as St worka in New York City ashe possibly could
He was impresed hy the value of case, ier extreme dveriy, and
the speed with which they were dispatched. He was alo impresed by
the demeanor of the siting judge, whe, in the Tile Sone arable
to him for deliberation, seemed to be fair td just
Fortune Society
‘The Association was represented at a meeting of the Women of the
Fortune Society, held so that women with members of their immediate
fomily in prison could got together and talk out mutual problems. The
Fortune Society has been moving into the role of intermediary and
referral service, They receive Jeers and telephone calls from men on
the inside and their families on the outside and try to advise thea as
to how best to solve their problems and what agencies would be most
appropriate for them to go to.
Members of the Fortune Society met with the first group of VISTA.
volunteers going into Rikers Island. This meeting was considered 40
helpfal that it will be a regular scheduled part of the orientation pro-
‘gram for all subsequent VISTA groups in this program, It will be re-
called that the present progeam involving VISTA and the Teacher Corps
is the result of Congressional enactment of the last bill of Senator
Robert F. Kennedy on behalf of which the Association testified at the
request of the late Senator.
‘Multilith Training Project
After having been advised by the Federal government that dus to the
‘expected sizeable budget cutbacks our application for Federal fuming for
the training of mulilith operators cannot be Federally supported, the
Association immediately contacted the New York State Department of
Labor and proposed thet the program might be underwritten by State
funds, This was agreed to and we redrafted the proposal, cutting hack
the number of trainees from 100 to 25.
Approval was received and funds set aside for the Association to
train 25 releasees from local, state or federal correctional institutions
‘moltilith operation and to place them in on-the-job training programs
‘upon completion of their formal training course,
‘This project, which grew out of our pilot project of some 144 years
‘ago, involves the Correctional Association as the prime contractor with
the New York State Department of Labor. The Adult Training Center
of the New York City Board of Education will provide a total of 160
hours classroom training over a period of six weeks. During this time,
the trainees who are without funds will receive a maintenance allow.
ance from the Employment Division of the Department of Labor. Upon
completion of the formal training, the Association, together with the
Division of Parole and the Adult Training Center, will locate employers
willing to provide additional on-the-job training while they are paying
4 minimum of $75.00 per week to the trainee. At the same time @n
employer will receive. reimbursement of $20.00 a week for a period
of 16 weeks.
‘The Association, as prime contractor, has the responsibility of se
Jeeting those who are to be trained, working through any maintenance
58
seem yng ii
sence et pe
ee ate fnew
eS ae
a a ce av
mos ee et
Then and women into the program, 0 :
aera rlased fom an iaiation aa eatonablesssuranee
sae oto Metnees Docome dlsenchanted with their preset unskilled
or and want to sec tang for beter exployment
Chairman, New York State Parole Board
New York State
‘The General Secretary met with the Chairman of the :
Parole Board for three hours in our offce to discuss among other things
the report of the Governor's Special Committee on Criminal Offenders
the way in which the Association could aid the Parole Division in
‘htaining an appropriation for emergency funds for releasees and the
‘vocational training project.
‘The asitance tho Associaton is providing and has provided the
ney funds as
New York City Arca Parole Office in terms of emergency
‘gain recognized and greatly appreciated by the Cheirman who stated
that itis often the financial assistance we prov ;
petween an individual getting ia trouble again or reinsining « law
abiding citizen.
‘The New York City Federation of Women’s Clubs
Ce mre ino the Federation of Now York City’ Womea'®
ena ei Ger
We ge
59
‘to make its views known, through their presidents, to some 10,000 wom-
‘en in the city, The talk touched on many areas of particular interest to
‘women—abortion, prostitution, and homosexuality —and brought
forth much discussion, questions and answers, As a followup we have
heen in touch with the President of the Federation to urge that the
Federation work cooperatively with us in bringing about legislative
reform in these particular areas. We further plan to urge the Federation
to have its members write their legisators to support a gun control
law for the entire state
Retirement of the Chairman of the Governor's
Advisory Committee on Alesholism,
‘The General Scoretary was most pleased that the Association was
asked to the Rochester Community sponsored testimonial luncheon
given for Dr. John Norris, Medical Director of Eastman Kodak and
Chairman of the Governor's Advisory Committee on Aleoholism who
is retiring, Our pleasure sprang from the fact that this aflair was for
local people but because the Correctional Association Js held in such
high esteem in the Rochester area, we were included.
While Dr. Norzis has left
he will undoubtedly continue his interest in the problems of addict
remaining on the General Board of Aleoholics Anonymous. His quiet
‘and unassuming air will be aisced not only in Rochester but throughout
the state as well. We wish him wel.
New York State Welfare Conference
‘The Association attended the New York State Welfare Conference
Meetings om Youth and Correction chaired by the Honorable Richard
Bartlett. These sessions focused proncipally upon the integration and
cooperative efforts on the part of all individuals involved in the admin-
istration of justice ranging from police through aftereare.
(Of particular interest to those in attendance were the programs that
might be financed by the Federal government under the Safe Streets
Act which ie a broadening of the original Law Enforcement Assistance
et.
The original Safe Streets Act provided monetary incentives propor-
tionate to the importance of each of the various levele in the adminis-
tation of justice. In the midst of the Congressional debates on this
proposed legislation a series of serious eity riots oceured and as a result
the “law and order” legislators demanded and obtsined amendments
to that atthe present time approximately 70% of the funds are allotted
0
te law enforcement with prosecution, the courts, and correction receiv.
ing the remainder.
Junior Chambers of Commerce
venom wm in comtce wh he atonal Dito of
ce he oo fe anion Chaney of Camere. Apo
cone Prosar gC he Genera Sera
waa Sd ef tie Nan nr Cabo Cee
ee i Na A cro et reed inthe eb
re ea rt sean sea fa Pet er
a ceo hae eae littl
i he, een te of ileal pop tet ith cone
a re dail re al neers oer
et er er moet in ysl pon
Sees elimoed pone! wig
ns for the Junior
‘The National Director of the Correctional Programs f
Chambers of Commerce referred the Association to the President of the
New York State Junior Chambers of Commerce and suggested that (he
New York State chapters might be interested in working cooperatively
‘with the Association. He further proposed tothe President of the New
York State chapter that the Correctional Association he given a list of
the New York State members so that they might be added to the mailing,
list for the Association's Newsleter.
We contacted the President of the Jaycees of New York State and
arranged to mest with him shortly after the first of next year to discus,
umong other things, ways in which local Jaycee chapters might be em
Cooraged to develop correetional programs, such as job finding for
cleased offenders, and also ways in which the Jaycees might assist the
“Association in ite legislative program,
City, State and Federal Criminal Justice Administrators
Tr the sorgstion of the Federal Hoote of Detention in New York
Cann ie eiton comacted the Commissioner of Coretion of the
Pee nett Supervisor ofthe Tederl Bureau of Nerotic,
Beans ‘invt Dircor of the Sate Division of Parole, and the
Tre SP Prcbation of th Criminal Cones of th City of New York,
ae an nforma meat to bring he varius agencies involved
ere eg insration of erminal justice logether. As strange ae i may
a
appear, several of the individuals involved had not met all of those
present,
A second luncheon meeting of administrators was held to which rep-
resentatives of the Federal Bureau of Narcotics, Federal Probation, the
State Division of Parole, the Federal Bureau of Prisons, the City’ De
[partment of Correction and the State and City Court were invited,
‘These informal meetings whose sole purpose is to bring administrators
in the administration of justice together so that they might know one
‘another better proved highly effective, Specific cases and administrative
problems were discussed in an informal manner so that there was an
oiling of the michinery involved. Mr. Leland Tolman, Administrator
of the Second Department Appellate Division Courts of the State of New
York, was most pleased at being invited to this group. Mr. Arch Sayler,
Director of Federal Probation of the United States District Courts —
Southern District ikewise stated that such meetings were valuable
to him.
‘As a result of our initiative, there was unanimous agreement among,
those present that similar periodie meetings chould be held in the future,
adding other persons involved in the fie. No formalized program ix
‘anticipated and the meetings will be held on an informal basis to permit
the various individuals to meet with and discuss informally various
problems and concerns that can cross federal, tate and city lines.
T
rentatives from governmental agencies arranging future meetings and
inviting other governmental officials to. ate
will be Kept of the discussion as we all agreed that the value of such
get togethers was in the unfettered conversation of those present.
Ascociation will act as the secretariat for this group of repre:
|. No minutes oF records
West 80th Street Area Neighborhood Association
‘The General Secretary met with representatives of the West 80th
Street Area Neighborhood Association, at their request, to discuss ways
to improve a local residential hotel inhabited prinefpally by drag addicts
and prostitutes, The Neighborhood Association believed thatthe solution
would he found if the Narcotic Addiction Control Commission were to
take over the hotel and use it as a halfway house, While we did not
entirely disagree with this proposal, we did point out that a local ¢
izens? group might he able to help the situation by providing reer
Dothood group will make an effort to introduce such a program with
the Correctional Association helping by providing employment possbil
ities for those residents who may have a criminal history.
Of Direct Service Interest
About three years ago, the wife of an individual serving time for
armed robbery in New York State came to us in desperation, Her hus
hand hed a twenty year maximum ventence in New York with detainers
from the States of Delaware, Pennsylvania and Massachusetts also for
farmed robbery. This woman who had boen separated from her hus
band because of iraprisonment for almost five years was atill tenaciously
holding on to him and her family.
‘The circumstances surrounding the case interested us in that we felt
that the individual, involved in a seriee of supermarket robberies during,
1 very short period of time, was being treated in an unconstitutional
‘manner, Because of warrants from other statos the husband was being
hheld in maximum security in New York State. And his requests to have
the other warrants lifted were disregarded. The very presence of these
‘warrants prevented any parole in New York State.
"The Association has contended that out of state jurisdictions should
tay individuals within six months upon request of the individual or
drop their warrant, To do otherwise is “cruel and unusual punishment
Upon our suggestion, and with legal support, the wife of this individ
ual advised her husband to request each of the jurisdictions which had
imposed a warrant against him to act on the warrants—to try him
or to remove the warrants, The State of Delaware was the first to do s0.
Upon further urging end after contact with the District Attorney in
Pennsylvania, the State of Pennsylvania decided to hear the case. The
individual waived extradition and went to Pennsylvania where be
‘was sentenced to time served in the State of New York.
Our intorest in this case rested on the individual, his family and
the administration of justice. We were most interested, however, in the
outcome and on the {act that at 2 rewult of work of the Association
that which would have been routinely a 120 year maximum sentence
is now down to a possible 20 year maximum in the State of
‘Massachusetts,
‘After many hours with this individual who was successful in having
his conviction in New York State reversed, and after several contacts
ith his wife, we felt relatively confident with the insight after seven
Yeats of incarceration in a New York State Prison, he ie not a serious
threat to the community.
‘The Correctional Association becomes involved very infrequently in
the legal aspects of appeals or writs as this is not our primary function.
‘This case, principally because of the efforts that have been made during
the last decade to have out-of-state warrants executed within a short
6
period after they are placed, interested us because it was a unique
‘sation hich fly rough about cout deciion tat interste
Warrant had tobe prosecuted within a six manth period or the mareant
‘was not effective. =
‘Temporary Commission on Revision of
the Penal Law and Criminal Code
‘The General Secretary met with the Executive Director and Assistant
Executive Director of the Temporary Cotmission on Revision of the
Penal Law and Criminal Code to review efforts being made in the State
te conto organised erie, We were prtulsyinteretd nthe devel
opment of a statute authorizing wizetapping under prescribed cireum.
‘tances, As a result of this meeting we assured the Temporary Commi
tien of our complete cooperation in hair work in trying to bring ime
‘Wo were particularly pleased to learn that our research on the use of
wiretapping and electronic devices had been extremely accurate and that
the Legal Staff of the Commission concurred with our interpretation
of the several Supreme Court decisions
Honorary Degree of Doctor of Laws —
Harold K. Hochschild
1e was witha great del of pride that the Anociation leaned that
Marold K Hoch with over 40 yar of mercy onthe Bs
sive Commits ofthe Conrecional Avociaton, seed the Hones
Degree of Doctor of Laws at Prinston Univerniy om Fane Ith 1,
‘he svar opeaks of the high etm in which Princeton University
holds hin, een wits which The Cortona Asean a’ Neg
xk agree,
Distinguished Employee Award.
‘he Association was invited to tend the presentation to Mr, Anthony
Feinspe, Director of Operations, New You City Deprtmest of Ga
real, ofthe Mayor's Medal for distinguished serves tothe City. Me,
Principe has boon a fithfal City erployes for trentpnine year, wed
for the pet ton years has en the Director of Operations forthe
Department An extremly modest ndividual, Me. Priscpe has bien the
rion who keeps the Department operating ena day by day hans
‘he ceremony tock place in City Hal bafore a large group of individ
sale acuing Mr. Cass and Mr, Goff ofthe Correctional Associaton
64
‘was most gratifying that of the three individuals Mr. Principe mentioned
{in accepting the award, Mr. Cass and Mr. Goff of the Association were
two, The other person mentioned was the first Commissioner under
‘whom Mr. Principe worked, Mr. Austin MaeCormick.
Probation In-Service Training
Periodically inservice training courses are conducted for now per
sonnel entering the Probation Department of the City of New York.
‘These formalired courses not only attempt to explain internal procedural
‘matters to new probation officers, but also acquaint probation officers
with varying pointe of view on the administration of justice and the role
and function of various governmental snd privete agencies. Because of
its role in introducing new concepts into the field of the edministration
fof justice as well as its every day work with individuals convicted of
crimes and the families of individuals incarcerated, the Correctional
Association was asked to present its program in this in-service training,
‘program, The General Secretary was most pleased to join with repre:
sentatives of the New York City Police Department, District Attorney's
Ofice, the Department of Correction of the City, and the New York
State Division of Parole, in this program.
Tt was most encouraging to see young, enthusiastic, well educated
individuals moving into the field of probation, and to answer their
questions on both the broad aspects of the administration of justice and
the specifics in terms of direct service in which the Correctional Asso-
ciation is involved.
One of the general trends in the field of the administration of justice
in the United Stater is an extension of the function of probation.
For example, in the City of New York the administration of all deten-
ton facilities for juveniles has been turned over to the Probation Depart-
‘ment, the release on own recognizance function was turned over to the
Probation Department, and in some states, the operation of probation
‘camps has been placed under the aegis of probation departments, With
additional personnel and resources, itis expected that more individuals
who in the past have been committed to local county jails for short
sentences will likewise be placed under probation supervision,
For these reasons the Association continues to push to separate judl
cial service functions of existing probation departments from their dis
positional function of supervising individuals already convicted of a
‘exime who should be under the control of a central state agency respon:
sible for custody and supervision of all individuals convicted of offenses
regardless of the extent of their sentence.
6
‘Reprinting Material of the Ascociatios
Our article in the September issue of the Newsletter on the Monroe
County Plan for Handling Alcoholics, who in the past have been com.
ritted to jails on short sentences, was felt to be so valuable by the
county government organization in the State that they reprinted the
article ia toto in theic monthly publication on county government, As
1 result, the county manager of Monroe County received approximately
37 calls and letters from individuals throughout the county for a
‘more detailed report on this program.
In addition, the Handbook for Police on Aleohol and Alcoholism,
of which approximately 125,000 copies have been distributed, was re.
printed by the Pennsylvania Law Enforcement Journal. It is most en-
‘couraging to realize how well our publications are received, not only by
lay people but by professionals in the field.
Solely so that we might know of all reprinting of the Asso
‘material, consideration is being given to copywriting the Newsletter
Minutes of the Association on Micro Film
‘The minutes of the Correctional Astociation dating back to its incep
tion in 1844 are maintained in bound copies in the office safe. Since
they ate of great historic and research value, and are irreplaceable, the
‘minutes have been microfilmed and a copy donated to the New York
City Public Library at 42nd Street
Since there i @ request on the average of once a year to use the
‘minutes in research projects, we will no longer be requited to make the
ls available in our office as we have in the past. Researchers will
‘inuply go to the 42nd Street Library to obtain the microfilm eopy and
to study it through a viewer.
ted, The Correctional Association of New
Y ral penology. Dr, E, C. Wines, former
General Secretary of the Correctional Association organized in 1872 the
first International Quinquennial meeting on Crime and Delinquency,
‘The organization which resulted from this international meeting, the
International Penal and Penitentiary Commission, became affliated with
the League of Nations when it was organized and was the last of the
on-goveramental organizations to leave the League of Nations.
In 1950 the function of the International Penal and Penitentiary
Commission in conducting international mootings on crime and delin.
‘Gueney was turned over to the United Nations which ereated the present
6
Social Defence Section for this purpote of which the Rome Institute is
part, In 1970 the Third United Nations sponsored Quinquennial
Congress on Crime and Delinquency will be held in Kyoto, Japan.
Newsletter
‘The Association continued to receive favorable responses to its pub:
tications, particularly the quarterly Newsletter. We received over 800
‘requests from individuals 10 be placed on the Association’s mailinglist
Many of these people also asked for copies of various papers, articles
‘and teatimony which the Association has given on topics ranging from
work release through prostitution, through nareotic and lcoholic
addiction.
‘The two issues of the Newsletter carrying articles on “Should the State
Regulate Morality” and “Law and Disorder” crested great deal of
interest in the broader topics of the administration of justice among «
umber of people. One person met with Mr. Chambers and volunteered
his services to the Association. Subsequently the General Secretary met
‘with this individual who was former counsel to the Senate Committee
‘on the Judiciary. He expressed his great interest in the various areas
fn which the Astociation is working and his willingness to do legal
ressarch, contect legislators or be of whatever help he ean in bringing.
‘bout improvements in the administration of justice.
Tifa further interesting that the requests for the Association's publica
tions have come from all segments of the population ranging from the
President of a chapter of the D.AR. through the young Bamard stu
eat who received 80 much publicity for living, contrary to University
regulations, with her boy friend.
"The Association began to feel the results of the efforts of the Commit-
tee on Relations With Members which was instrumental in starting the
‘Newsletter. As a result of receiving our Newsletter, the President of the
New York City Federation of Women’s Clubs met with the General
Secretary in order to determine if there were any ways in which the
Wounen's Clubs could cooperate with the Association in some of its
‘endeavors, The General Secretary addressed the Manhattan Borough
Day of the New York City Federation on the topic “Should the State
Regulate Morality?” and next spring will address the annual convention
of the Federation. This will he another opportonity for the Association
to make known its views and to increase the interest of the general pub-
lic i the problems of correction and the administration of justice.
‘We were also advised by the All India Crime Prevention Society in
Lcknow, India, that our material was of great help to them in their
oa
‘ev in tha county The following ian excerpt fom leer rs
from the President of that organization. " “a
“he repr of yours under refence some more fafa
tin Eon woot tas Ue YAU tpn fone
Untied St of'Ameron, Your ecotmmdaton’ on ber
ton abelian pretation ave of greet nee a our
foverment i povsng tation on thee mater Tend
‘shoe i yee oe iio
ince eponsiny veres moray nd dent eas fa
USA Worse wd with ne ten suet tr
iv get god bly fo your rome by tproucing
them n Hin (he tna langeoge)- Ths far hve tans
led four aio yor ia Td
‘The Newsletor is presently being distributed to approximatel
, ly being distributed to approximately 3,000
individuals in addition to bulk distribution to various departments in
the City and State
Family Service Bureau
‘The program of the Family Service Bureau of individual counselling
was augmented by bringing selected individuals together in a group
counselling sessions, It was felt that in addition to the psychelo
support the individual wives receive from the Family Service Bureau
group technique, Preliminary indications sre that this program will be
successful and undoubtedly expanded to include a larger number of
Fifty Years of Membership in the Correctional Association
In reviewing the file of active members of the Correctional Associ.
tion, the General Secretary discovered the name of one individual who
first contributed to the Association in 1908 and whe has contributed
steadily since that time. A further review of the active membership of
years ago. To the best of our knowledge, all of these individuals are
still alive, esch having contributed some time daring 1969.
1s pousbl that te Exoutve Commies might want to expo
in sme ny the fafa and det leat thse Ton tine fede
of The Correctional Association of New York.
68
NATIONAL,
‘98th Congress of Correction
‘The Association was represented at the 98th Annual Congress of
Correction of the American Correctional Association in San Francisco
E, R, Cass, President Emeritus of the American Correctional
tion, a member of the Executive Committee of The Correctional
Association of New York and Mr. Gof
Te is becoming increasingly evident that more and more individuals
jn academic disciplines and fields other than those directly related to
the administration of justice are becoming involved in this work. In
addition, the breadth of the various workshops and meetings being held
hhas increased with a geeat deal of emphasis being placed upon com-
‘The national body which holds the annual Congresses of Corree-
tion was originally formed in 1870 by the then General Secretary of
‘The Correctional Accociation of New York, Mc, E. C. Wines. For 92
years, the two organizations — ‘The American Correctional Association
‘and The Correctional Association of Newr York were closely intertwined
administratively, thus making for not only 2 local, but a national and
{international impact as ell,
‘To commemorate the 100th anniversary of The American Correctional
Association, the 1970 Congress will be hold in Cincinnati, Ohio, the
location of the frst meeting in 1870, Mr, Cass has already been asked
by George Beto, Ph.D., Director, Texas Department of Correction, who
will be President of The American Correctional Association in 1970,
to provide background material. Mr. Cass assured Dr. Beto that he and
Mr. Goff will he available to fulfil this request.
ALCOHOLISM
National Conference on Social Welfare
At the request of the National Conference on Social Welfare and the
National Couneil on Alecholis, the General Secretary presented a paper
on “The Impact of Court Decisions on Social Work sith Alcoholic
Offenders” at the 91st Annual Forum of the National Conference on
Social Wolfare. The Association was originally contacted by Mrs. Marty
Mam, founder and former execntive director of the National Council
fon Alcoholism, who stated that because of our efforts at court reform
to bring about the removal of skid row alcoholics from correctional
insttations, our expert proposals would be most helpful to those respon
sible for social welfare in the United States.
‘The paper was circulated in advance among a number of individuals
including Jack Guest, Area Director of the National Council on Alco
holism, Mx. Herman Krimmel, Exeoutive Director of the Couneil on
Alcoholiem of Cleveland; Dr. Bernard Bradman, Assistant Program
Chief, Department of Public Health, Community Mental Health Ser
of Colifornia; and Mr. Richard Mayer, Justice Department Attorney
General's Ofice, Sacramento, California, The two lattr individuals were
discussant of the paper on the formal program at the Conference.
Wo were most pleased at the reception the paper received and the
Jarge turnout of individuals who heard this pertcular topic. Perentheti.
cally, it was interesting to us that Mr. Richard Mayer from the Attorney
General's Office in California was the person who hed argued for the
State in the Supreme Court ease of Robinson vs. California,
‘The movement to remove alcoholics from local correctional insite
tions has heen extensive for the past two years, being greater than at
any time in the history of American correction.
UNITED STATES SUPREME COURT
‘The Powell Case
On 17 June 1968, tho United Sates Supreme Gout dened the appeal
in Powell V Tesas, x case ting the constetonalty of rieely
‘roerting nd convicting an slaholc for being pabllylntosiested,
‘he Associaton ba ied an wnicu erie Inthe cases dd fe tg
Easter apd Driver eases when they were hatin thes respective Une
‘States Courts of Appeal. aad
‘The Aseiation was extremely disappointed by this desnion, coming
afir'a numberof years of working fo remove te india il wk
Aeshotam from jll sod develop maize and wel folie te
which he col beter be sent. We wil however continue working for
the development of thee faite, even without the ipa of Sines
Cont decison. We hope that svathee tet ease. will shorty be helo
the Gout and wesve« moe favorable ralng
Tea fa tht one of the enone forthe Cours dcson was the fear
of several Justices that St would ayean comple. aboltan or an
Stsholic of reepomibiity for ny este comma wil fot
NATIONAL COUNCIL OF CHURCHES
Law and Morality
In attempting to obtain as much background material es posible for
the Association on the question of the extent to which the State should
0
aitempt to regulate morality, we met with representatives of the National
Couneil of Churches to discuss that organization's position on the use
ff the criminal code to control private morality. We were somewhat
Surprised to lear that no formal statement had ever heen made by the
National Council on this matter. We were encouraged, however, to
continue our work in this area ax the representatives of the National
‘Council of Churches felt that our interest could act as @ goad to others
to consider this important question.
Capital Punishment
‘The General Secretary was asked by the National Council of Churches
to help prepare for that body a position on capital punishment in
‘iow of & pending federal bill to abolish capital punishment in federal
jurisdictions,
Tt was interesting to the Correctional Association that the National
Council of Churches as corporate body had never before taken a
position on the death sentence.
‘The group with whom the General Secretary worked proposed that
the National Council oppose capital punishment for the following
1. A belief in the inherent worth of human life and the dignity
‘of human personality; that Almighty God alone gives and takes
life.
2. A preference for redemptive rehabilitation in contrast to primi
‘ive and punitive retribution.
. Holding to the fact that God's redemptive power in the soul
of the offender is precluded by prematurely killing him.
Examining the claims that the death penalty exercises a
‘penalty against future capital crimes and finding that the claims
fre not substantiated by fact.
Agreeing that the death penalty brutalizes the society which
perforce cooperates in its commission and exhibits thereby a
disregard for the sanctity of human life.
‘On the social side the proposal continued:
| An alarm at the de facto discrimination of the statute in its
‘application. The poor are Killed because they cannot afford
the legal talent which the wealthy can buy.
1 The very threat of desth in a judiotal sentence is cruel and
‘unusual punishment, and further, that making a target of the
a
‘condemned militates against his peaseful soul and eventual
reconciliation with a superior being.
‘The General Secretary of the Correctional Association pointed out
that from a practical point of view there had been only one exeeut
‘the United States in 1967 and that pragmatically the need for a
federal law to probibit eapital punishment was in reality non-existent.
Hee pointed out further, however, that if the National Council of
Churches as a theological body representing one hundred million peo-
ple in the United States was concerned with the basic principle of
capital punishment, that the organization should ascume a firm stand
It was agreed that the principles developed should be forwarded to
the General Board of the National Council of Churches who should
be urged to assume the position opposed to any capital punishment
in the United States sated above.
Commission of Pastoral Care
‘The General Secretary attended the annual meeting of the Commis:
sion of Pastoral Care of the National Council of Churches, and presented
jlueprint of what the National Counefl might do in the future in
the area of the young offender, narcotic addiction, alcoholism, and homo-
sexuality. The General Secretary is Chairman’ of the Committee on
Special Needs which has been foc
jects, Inthe past, national meetings have been held by the Special Needs
Committee of the National Couneil of Churches on the Church and the
Homosexual, the young offender, and kits of material on narcotic
‘addiction and alcoholism prepared for clergymen's use throughout the
our efforts to bring about greater
zeceptivty on the part of local churches and congregations to
and to interest local clergymen in discussions of homosexuality, aleo-
holism, and drug. abuse, We feel that the latter is particularly important
in suburban middle clase areas where we believe the abuse of “soft
drugs” to be extensive, particularly the heavy reliance on sleeping pills,
tanquilizers, and pep pills,
Council of State Governments
We were pleated to receive the galley proofs of the Chapter on Cor-
tection for the forthcoming Book of the States 1968.1969 published by
the Couneil of State Governments. The respect with which the Associa.
tion has been held can be judged by the fact that for a number of
years we have heen asked by the Couneil of State Governments to pre-
2
pare this chapter on correctional services for the publication which is
‘Considered a bible by state legislators, governors and other state officals,
Cooperation with the Federal Bureau of Prisons
"The Association hes been asked by the Director of Commanity Cor:
rections of the Federal Burcau of Prisons to accept referrals of women
in the New York City aren whooe husbands are serving time in Federal
institutions, While we will be able to provide some service of this type,
because of our limited resources and staff we will be able only to
hhandle highly selosted cases.
New Jersey Assembly
Because of the work that the Correctional Associa
the past in attempting to introduce educational and training programs
in correctional institutions, Assemblyman William Schluter from the
New Jersey Legislature spent several hours with the General Seoretary
reviewing a proposed privately funded educational program for selected
inmates in correctional institutions throughout the United
‘Through a small grant by a Princeton University colleague of Mr.
Schiluter’s, a small foundation has been ereated, the Correctional Edu-
tational Services Foundation, with the goal of providing training in
computer operation for selected inmates in correctional institutions
throughout the United States, The Foundation trustees were somewhat
iminformed about the ability, capabilities and motivation of individuals
serving sentences in state correctional institutions and, at the suggestion
of the former director of the Federal Bureau of Prisons, met with the
‘tall of the Correctional Association to attempt to place their program
in proper prospective,
As of 1968, the Correctional Educational Services Foundation hes
provided scholarships valued at $10,000 to individuals in correctional
Institutions. They would like to expand their operation and move into
training and vocational programs which would be more meaningful to
fa larger percentage ofthe iniates in institutions. Tn addition, the Assen
Dlyman was also concerned about correstion in the State of New Jersey
fand what steps might be taken to reduce the rate of recidivism of
flfenders who had been committed to the institutions of the Department
of Institutions and Agencies
Abortion Law Reform
[As the result of the work of the Association in abortion law reform,
the General Secretary was asked to testify before an Abortion Law
3
Commission in the State of New Jersey. That State, with a statute
similar to the one in New York, is just boginaing to consider liberaliz-
ing the lays. The individuals
pressing for a complete abolition of any control except that impoced
by the medical profession and the individual’ own conscience. This
contrasts with the position taken in New York State. New York follows
the guide of the Model Penal Law of the American Law Ins
which would allow abortions (1) when the life of the mother is in dan-
(2) when the physical oF mental health of the mother is in danger,
(3) when there is a strong possibility that the offspring will he deformed
if permitted to go to full term and (4) when conception results from
rape or incest. The New Jersey abortion law reform people hase their
argument principally upon the fact that women should have personal
control over their own bodies, This is the basic argument of the Na
tional Organization of Women, ADA and ACLU, as well as many other
organizations.
MASS. MEDIA
Article for Parade Magazine
‘The feature writer for PARADE magazine was assigned by the Ex:
cutive Eilitor to determine the feasibility of an article for that publica-
tion on the “bargaining process” in the courts. Because of our long.
standing relationship with this magazine, the General Secretary was
tasked to assist in the preparation,
Approximately 92% of the individusle convicted in the Criminal
Courts of New York City have pleaded guilty with almost everyone
pleading to a lesser offense. This long-standing practice of plea bargain
fand the prosecution periodically has been
condemned ax a prostitution of the administration of justice. It has
has been pointed out that while the proseoutor obtains his conviction
jury tial, the pure adzainistration of justice
sm, no one has been able to come up with
1 suitable alternative to the practice, Should all of the individuals who
presently plead guilty demand a jury trial, it has boen conservatively
estimated that ten times the number of judges, court rooms and ancillary
services would be needed than are presently available.
‘The administrative problems which would be brought on by the in
crease in the number of eases going to jury trial were noted this year
Decause of a Supreme Court decision that individuals charged with
u
serious misdemeanors are entitled to a jury trial. There was an increased
Gemand on the part of defendants in the New York City Criminal
Courts for a tal This in turn slowed the processing of cases, creating
oe increase in the number of individuals being held in detention. The
New York City Department of Correction was operating its institutions
at 144% of capacity with the bulk of the overcrowding being in the
Brooklyn House of Detention for Adolescents and the Tombs.
‘Time Magazine
‘The Association was in contact with the legal section of Time Mag:
azine which wan most interested in running an article on court conges
ion and confasion. We provided the magazine with the talk of Mr.
Tener Goodchild, Administrator of the Criminal Courts of the City of
Now York, given before a meeting of the Executive Committeo of the
Correctional Association, but learned that subsequently the death of
Martin Lather King and the turmoil on campuses in the United States
hhad absorbed all the space the section had available to it
We feel it is important to keep before the mass media the plethora
of problems confronting thoce involved in the administration of justice
Gnd the fundamental problems involved in meeting out justice in =
democratic society.
INTERNATIONAL
ALCOTOLISM
International Meeting on the Drunkenness Offence
‘The General Secretary was most pleased to be ssked by the In
‘of Poychiniry and the Addiction Research Unit of Maudsley Hospital
fo present a paper on the legal aspects of the drunkenness offence in
the United States. The Association had previously spent time with Ds.
Grifith Edwards, international expert_on addiction at the Maudsley
Hospital, in helping plan and develop this international meeting.
"This symposium which drew together specialists from throughout the
‘world on the problem of the “chronic police court alcoholic” met i=
Tondon to consider the social and medical problem which, in the
majority of countries of the world and to the majority of the world
population, is looked at as a criminal problem.
‘At this conference we were pleased to be able to point out the various
court decisions in the United States and the changes that have occurred
in terms of handling the skidrow alecholi, principally since the Ameti-
can Medical Astociation formally diagnosed alcoholism as a disease in
1956.
International Conference on Alcoholism — Milan, Italy
A paper onthe legal situation of uling aloo in the United Staten
propared by the General Seretary, was Prevented a he European Int
Matlnal Conference on Alcohol ad Alecolam in Milan, aly. Me
Brinkley Smathers ofthe executive Commntes at The Cortetional Asso
Giation of New Yorks Viee President of the Itemaional Connell
tnd Mr. Goff eves on its Board of Director.
Besse of our ineret in removing the row alohll rom jalla
aod our work along these Hines, andthe desi of the International
Conn be kop shrent ofthe current statons, we heve irom,
years peepared. papers for presentation in Londen, Cari, Wales;
Prague Coushodovakay, Zagreb, Yugoslavia, Santiago, Chiles and
Min italy.
Despite ll of our efor, we felt tat progr was tapos at
ack then the United States Supreme. Court refuse the appeal of
Powell'e Tere, thus reversing the decsous of two United States
Greuit Courts cf Appeal ‘on the comttullonalty of proweating end
fang lehols for ing peblcly ntouented
International Council on Aleohol and Addictions
‘The General Secretary was asked by the International Council to pre-
pare a memo for the Human Rights Commission of the United Nations
fon a study that Commission made of the right of everyone to be free
from arbitcary arrest, detention and exile,
We met with Mr, Curtis Roosevelt, Chief of the Non-Governmental
Organization section; Mise Howe, oficer of the same section; and with
Mr, Edward Lawson, Deputy Director of the Human Rights Commission
on the protocol involved in submitting such a memorandum, We forther
‘met with Mr. R. Brinkley Smithers, Chairman of the Association's Com
mittee on the Alcoholic Offender, and the International Council's repre-
sentative to the United Nations to prepare the contents of the mom
orandum.
‘The principal thrust will be in the direction of separating the arrest
and detention procedures and facilities for addicted individuals from
those procedures and facilities used for criminal offenders, This is in
keeping with the Association’s position as it relates both to alcoholics
and narcotic addicts
6
‘The memorandum will be filed in advance of the meeting of the
Human Rights Commission, February 1969 in Geneva,
United Nations
‘The General Secretary atended « meeting called by the United Nations
fon the existing situation in which highly trained individuals are being
rained away from newly developing countries, as well as western
Europe, into the mote technically advanced countries, specifically the
United States. The United Nations is concerned aver this “brain drain”
of individuals trained and educated in kills badly needed within their
‘countries. To some extent the countries to which these individuals are
migrating are not at (ault. They are simply offering grester educational
‘and employment opportunities, Individuals are being exposed to a dif
ferent culture which in most instances has a higher standard of living
and greater opportunities for economio advancement, and 95 a result
the individuals tend to remain in more highly advanced countries and
not return to their own where they are sorely needed.
"To some extent the Correctional Association may have been guilty of
being involved in this process. As a resull of our averscas contacts and
requests of highly trained professional personnel, within the last year
ive were instrumental in bringing two individuals into the United States
programs, The first was one of the three qualified and trained social
Workers in Eire. The second was a psychiatrist who had specialized in
‘diction in both drugs and alcohol from Wales.
‘The great need of the United States (and particularly the State of New
York) at the present time for trained qualified professionals in fields
of erime and addiction isa reason but not an excuse for
British Consulate
‘The Association continues to act asthe informal agency for the British
Government in tracking down “lost British nationals.” We are referring
to individuals of British citizenship who may have gotten into dificalty
fn the United States and who have been convicted and sentenced to
correctional institutions. While by formal treaty the British Government
fs to be notified of the arrest and physical location of such individuals,
periodically the system breaks dovin. Rather than proceed through
Formal channels the British Government prefers to contact the Correc
tional Association to “keep their records organized”.
For the past four years we have been providing this serviee through
‘our informal contacts throughout the United States.
1
Ata soiree given by the British Consulate Ceneral, the Correctional
in locating many lost British subjects
ANNew Plea for Lack of Criminal Responsibility
Recent studies in the United States ond Britain have shown that
chromosome abnormalities are more provalent in men convicted of
violent crimes than in the general population. ‘This chromosome
abnormality, known medically as Hugon, is believed to occur in one
‘out of every 2,000 males, These iuals are born with an extra
yfactor. One chromosome study of males involved in violent erime
indicated that 8% shoved the chromotomae abnormality.
In two criminal cases, one argued in Australia, the other in France,
the defence pleaded that the defendant,
criminally culpable because of the condition. In the French ease, the
jury failed to bring about an aequittal on the ground that there was an
Inherited chromosome imbalance, It is expected that both cates will be
cited in the appeal of Richard Speck who was convicted for the mass
murder of eight Chicago nurses and in whom doctors have dotected
this chromosome abnormality.
Australian Controller General of Prisons
John Morony a pertnal lend ofthe Genera! Secetary and lng
own tothe Coretonal Asean, aie of his perdng relive
‘ent afer many pears of gowernmant ser. is. Metony wie Cou
trolly General of Prisons of New South Wales He wil ot be leaving
ihe ld eatrly as bo hat box tado chaos of sonmalten tt
ise it hain of mtr feos of th Asan ae
(ce. He asked the Associaton to send ny material that might be
hp in reno of he Arlen goverment mye of hain
tliary offenders We were ale to send him reports sds an pr
txts cn bythe tv mor von ine UnledSe, ir Aca,
Sry ml ir Fac, ch we eke wl ipl he An
ovement
‘To obtain additional firsthand information Mr. Morony plans to visit
the United States in 1969 and it is expected that the Association will
play major pat in preparing program of visitation and mestings
Cambridge Student
‘An exchange student from Cambridge doing his Ph.D. at Columbia
‘was commissioned by the British Home Ofice to research parole in the
United States, ‘The Home Ofice is particularly interested in learning
what early dificulties the United States experienced in the administration
ff parole since on April 1, 1968 England began its first official parole
program.
‘The student from the Institute of Criminology in Cambridge, having
seen some of our reports and material in the Cambridge Library, was
‘ng original source material which could be used in this study. We
made available to him the minutes of the early meetings of the Associa
tion when the parole concept was being discussed, the Annual Reports
of the Association for the period immediately after the Civil War and
fther basie documents in our library. He was most interested to Tear,
that the concept of parole was first proposed in the United States by
the Correctional Association of New York in 1854.
‘Making available our library material to graduate students and others
researching into crime and delinquency is service the Association has
carried on for many years and it is one which we feel helps move
forward the entie process of the administration of justice.
Attorney General's Department — Commonwealth of Australia
Jem of eapital pu
"After these several days in New York, Mr. Famunds concluded that
tactically he would accept an abolition law similar to that presently in
‘existence in New York State, Since the principle opposition to the abol
tion of capital punishment comes from law enforcement, he recognized
thet by retwining as a eapital crime the murder of a peace officer, much
of the opposition to abolition would be neutralized.
Scottish Peyehiatrist
Daring a visit to the prison and borstal for women of Scotland at
Grennoch, The General Secretary met with the consulting psychiatrist
of that institution, Dr. Patrick Mullen, and discussed two of Scotland's
{growing problems, violence and narcotic addiction,
‘Dr, Mullen was assigned the responsibility for developing the pro-
‘gram for treating addictions for all western Scotland. To Tearn what is
»
being done in other countries, Dr. Mullen attended the 28h International
‘Congress of the International Council on Alcohol and Addiction held
in Washington recently. He asked the General Secretary to arrange &
program of visitation for him. In addition to arranging a meeting with
Dr. Vineent Dole at Rockefeller University #0 that Dr. Mullen might
observe first hand the methadone treatment program being conducted
there and a visit to Day Top Village, the Astociation arranged for a
‘y's visit to the Philadelphia Consortium of the University of Penn-
sylvania, This pilot program, heing conducted with funds provided by
the National Institutes of Health, is a community based psychiatric
Seaonent program, emphasing the treatment of alnbalim and mar
cotie addiction.
Some of the earlier experimentation with the use of LSD on addicts
was conducted by Dr, Mullen, who is continuing to follow the esses
‘which had originally received this treatment. It is expected that within
two years the Association will receive a copy of the final research
findings on the therapeutic use of LSD.
British Pathologist
Despite a vory heavy schedule, Dr, Ann Robinson, assistant to Dr.
Francis Camps, a leading British pathologist, spent several hours di
cussing and comparing various aspects of forensic medicine in the
United Kingdom and the United States with the General Secretary. Dr.
Robinson also spent several days in the ofice and laboratory of the
New York City Medical Examiner and made soveral field trips with
police to examine firet hand the techniques used by pathologists here
in the United States ia homicide cases. Both Dr. Robinson and Dr.
Camps have been Inown to the Association for some time, an associa
tion growing out of our work in the field of addictions.
Dean Kenneth 0. Shatwell, Law School, University of
Sydney, Australia
‘icing together a semester as visiting professor of law at Temple Uni-
versity Law School and a commission by the Ministry of Justice of New
South Weles to propose stops that should be taken in Australia to cutail
their increasing drug. problem and to bring organized crime under
control, Dean Kenneth Shatwell spent six months in the United States.
Having originslly met the Dean of the Law School of the Univers
of Sydney, New South Wales, Australia, over ten years ago and having
helped him to set up a training program for police in Australia as well
4s subsequently arranging for programs of visitation for him and his
0
stall on four different occasions on dilflerent matters relating to the
administration of justice, it was not surprising that the Association was
asked to assist Dean Shatwell during his stay in the United States
in preparing a proposal to curb orgenized erime und develop a program
for the control of narcotics in Australia for the Minister of Justice of
that country.
In addition to a small social evening held in his honor, we mot with
hhim spending several days discussing the narcotics picture in the
United States and the proposal of the Association on organized erime,
The major narcotics problem in Australia appears to be the use of
tmethadrine. There is relatively Tittle heroin usage in that country de
spite the fact that it is a transshipping point for opium on its way
from South East Asia to the United States.
‘Tho growth of organized crime in Australia is eausing euch consterna:
tion that this extremely individualistically oriented country is beginning
to question whether oF not they should modify their wiretapping Taws.
At the present time Ine enforcement agents ean use a wiretap only in
matters of national security. While it was personally repugnant to Dean
Shatwell to think of using material gained by 2 wiretap as evidence,
hhe did want the law modified to enable the police to use wiretapping
and electronic devices for information gathering purposes. To him, this
simple step would be a great help to law enforcement in his vountry.
‘The Dean met with representatives of Mr. Hogan's office, Mr. Gior
dano's office of the Federal Bureau of Narcotics, the New York State
Nareoties Commission and the Organized Crime Section of the New
‘York City Police Department, as well as having made a trip to Daytop
Village.
During his stay, Dean Shatwell asked the General Secretary to sd
dress a WHO meeting on narcotics addiction which will be held in
Australia in Februsry of 1970 just before the United Nations’ Quin
quennial Congress on the Prevention of Crime and Delinquency in
Kyoto,
THE CORRECTIONAL Association's
DIRECT SERVICES
FAMILY SERVICE BUREAU
‘The following item appeared in the New York Times over the signa
tures of Jack R. Goldberg, Commissioner, Now York City Department
of Social Services, and George K. Wyman, State Commissioner of Social
Services, headed “PARTNERS IN THE CONTINUAL WAR ON POV-
ERTY—-A STATEMENT BY THE ADMINISTRATORS OF THE
PUBLIC SOCIAL SERVICES:”
“The rising burden of want in New York City this year
pushed the caseload of the public sovial services to a record
high. Greater demands then ever are also being made on the
private welfare agencies
“Serving the troubled and the poor is not simply a matter
‘of supplying them with the immediate necessities of life—
ood, shelter, clothing. These wants are mot by public welfare,
Dut they are only a part of the vast need arising from the
conditions of modera industrial ociety.
“Human beings cannot survive without a reassuring personal
touch, without understanding. Over the years the voluntary
institutions played a key role in supplying the vital individual
‘attention the needy eannot find elsewhere.
“Human misfortune is = challenge which must be mot
through the cooperative effort of governmental and private
organizations.
“We in government welcome the voluntary agencies a8 neo
carry partners in the contnang fight epson poverty and
‘The Correctional Association of New York has long been aware that
those who are truly punished when # man is sent to prison isthe family
that is let behind. The man is clothed, fed, sheltered. Even his recrea-
tion is provided. The family, on the other hand, is left without any
roeans of support, often forced to depend on public welfare assistance.
Following the original traumatic shock of having the husband. and
father arrested and sentenced ia the continuing soulsapping drain of
living from day to day on the charity of the state, Often there are
‘expenses which were incurred while the husband was home which have
to be paid in some way from the welfare check. But probably most
important is the burden which falls on the wife of now having to
face slone all of the problems of keeping « family unit together and
functioning.
One of the long term cates in the files of the Family Service Bureau
Js that of Mra, Theresa M. who first came to the Association in 1962.
a
a
[At that time Mr. M. was almost eligible for parole on a 10 to 20 year
fentence, He was paroled the following year only to be re-arrested three
years later and returned to prison to serve the remaining 7 years on
his sentence, Mrs. M, las three children-a 14 year old boy, Jose, a 13
year old girl, Couette, and a 3 year old baby, David. Therese works
fs a sewing machine operator. Owing to arrangements made by an
extremely sympathetic and cooperative welfare worker, she gets supple
‘mental aid from the Department of Social Services when she is laid off
‘when she has to miss work owing to the children’s illneses, and when
the has to visit her husband, She isin sporadic contact with the Family
Service Bureau office, generally when she is faced with a problem which
she cannot understand,
Mrs. M. was fairly successful in holding her family together and
digging, herself out from under the mountain of debts which had been
incurred in the short period of time when her husband was home
She had managed to come through an extended mediesl problem with
Coquette which required several eye operations, the cost of which fortu-
nately was completely covered by her union insurance, Then Friday
Coquette came home from school with a bad cough, Her mother gave
hher aspirin and cough medicine and suggested that she stay quiet. The
next day the cough was much worse. Mrs. M, wanted to take her to the
‘Jocter, but Coquette, after her long siege of operations, had had enough
of doctors and insisted that she felt better. On Sunday the girl was
decidedly worse. Mrs. M. continued giving her cou
faspirin and told her that Monday morning she was definitely going to
the doctor, At five o'clock Monday morning Mrs, M. was awakened by
her daughter. Coquette was gasping for air and already turing blue
She was rushed to the neighboring hospital where sn emergency trach-
cotomy was performed and the mucous sludge which had been bloc
hier bronchial tubes not allowing her to breath was pumped out. She
was in critical condition and in the intensive care unit, Within 24
hours of the emergency operation she suffored a collapsed lung. During
all of this time Mrs. M. was alone, She did not want to call her
husband for fear of worrying him. She had dificulty writing him what
‘wae going on because she did not know how to spell tracheotomy,
‘The Family Service Bureau was able to give some assistance in terms
of going to the hospital, talking with the doctors and explaining to Mrs
M. what her daughter’s condition was, After four critical days, Coquette
finally started to improve and was taken off the critical list.
Mrs. M, has been marriod to her husbend for 17 years. For 12 of those
17 years he has been in prison. Most of the time she talks only aboot
ther plans for when he is released, But this time the bitterness and reseut-
a5
rent came to the surface. She was left totally alone to deal with a
situation which was beyond her comprehension and beyond her ability
to cope, Not only did che have to take care of her daughter —she also
Iuad to be concerned as to what was the best way to inform her husband
0 that he would not be unduly worried, Not only was she completely
alone, but in addition to being the support of her children, she had to
be the support of her hushend as well. Mrs. M. vill never quite forgive
her husband for leaving her eompletly alone,
STATISTICS FOR FAMILY SERVICE BUREAU
FOR 1968
Families in active category January 1, 1968
‘New cases accepted
Cases reopened
‘otal number of cases during year
Cases closed
Families in active category December 31, 1968
Total amount of financial assistance $6,993.00
‘Families provided with Christmas dinner and toys
(total of 108 persons)
(Children sent to summer camps
mployment 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 encour-
agement of reformed conviets after their discharge by affording them
ing an honest livelihood and sustaining them in their
While continuing in the attempt to achieve this goal through the
forts of its Employment and Relief Burean, the Association added a
new dimension to its work with exoffenders. In 1968, the Association
‘was successful in initiating a program to train men with eriminal his
tories as multlith operators and to obtain employment for them. This
program had its genesis in 1966 when, in a discussion with represeata-
tives of the Addressograph Muligraph Company, the manufacturers of
‘multilith machines, the Association learned that there was a dire nood of
‘experienced multilith operators, The shortage of qualified men had be-
36
come so serious that the company was having difficulty in selling its
machines owing to the lack of skilled personnel to run them. The
company was interested in finding a new, untapped labor pool and
the Association was eager to find a field which would offer satisfying
work to exoffenders. As reported in the Association's Annual Report
for 1967, a pilot program was run by the Association wherei
individuals were trained at the New York City Adult Training School
land then placed with employers, Out of the three men who finished
the classroom part of the training, two are still satisfactorily employed
‘as multilith operators, and ono i in his freshman year at Brooklyn
College.
Following the success of this original pilot program, a proposal for a
‘coupled OFT program-160 hours of classroom training and four months
cadhejob traning — was admit for Feral funding under the
Manpower Development and Training Act. Unfortunately, while the pro:
‘ram was approved there were no funds available for it, It was immedi-
ately resubmitted for state funds, In October of 1968, the Association
received the approved contract from the New York State Department of
Labor.
‘The contract calls for the training of 25 individuals, residents of New
York with eriminal histories, in multilith operation, These individuals
are referred primarily by New York State Division of Parole and Fed
‘eral Parole and Probation, The training outline calls for 160 hours.6
weeks-of shop training given by the New York City Department of
Education and then four momhs of onthejob training during which
time the employer is reimbursed $20.00 per week per traince to help
defray training costs. It is hoped that at the end of the on-the-job train
ing program, the trainee's performance will be such that the employer
will keep him on as # permanent employee.
‘end of 1968, It is hoped that these problems will be easly and speedily
resolved snd thet if this program is successful, the Association will be
able to sponsor programs for ex-offenders in a wide variety of skill
a
STATISTICS FOR EMPLOYMENT
RELIEF BUREAU
1968
Dilferent men interviewed
New York State parolees
Probation applicants
Out of state institution applicants
Rolatives of inmates
Other interviews
Applicants provided with employment 120
‘Total night lodgings provided 101
Applicants given cash for carfare, shelter, food and tools. 1,047
‘Total relief given for food, shelter,
‘cash and employment $10,215.15
‘THE CORRECTIONAL ASSOCIATION'S
LEGISLATIVE ACTIVITIES
LEGISLATION
Throughout its 125 years of existence, the Association has been
snalyzing and evaluating various bills introduced into the Legislature
relating to the administration of eriminal justice, Following the objec-
tive study of all billy in our Geld of interest, the Association mey
register support or opposition with the chairman of the various com:
aitees to which bills have heen referred and with individual members
of the Legislature. When a bill has been passed and forwarded to the
Governor, the Association continues with written approval or opposition,
On January 3, 1968 the 191st Annual Session of the State Legis
was convened. A number of weeks before this date, the legislative work
of the Association had begun, examining the many pre-filed hills which
‘numbered 1,024 in the Sonate and 1,686 in the Assembly.
By the time the session adjourned, §,955 Senate bills and 7,187 As-
enbly bills hed been introduced. While the large majority were in areas
outside the interest of the Association, it was necestary to review the
summary of every introduced bill to determine those that would be of
interest. A detailed study was then made of each relevant bill to deter:
zine whether or not the Association should include it among those on
‘which « major effort would be exerted.
‘The following are some of the bills on which the Association focused
ite attention and took a position during the 1968 Legislature.
Senate Intro. 5669 TRANSFER OF JURISDICTION OF CIVIL
JAIL IN NEW YORK CITY TO THE
COMMISSIONER OF CORRECTION OF THE
cry
‘This bill amends the correction lav, the county law and the New
Youk City Charter to transfer jurisdiction of the civil jail within New
York City and the custody of persons in this jal from the City Sheriff
to the City Correction Commissioner This the Association approved.
Falled of passage.
Senate Intro. 3226 RELEASE OF SEX OFFENDERS
‘This bill amends the correction law to provide that whore @ prisoner
has been sentenced upon conviction of certain sex crimes against chil-
een, oF asaault with intent to commit rape, he shall not be released
‘on parole except on recommendation of a psychiatric clinic which bas
‘amined him, This bill is contrary to the principle of vesting release
a
92
authority on parole in one autonomous board. This the Association
disapproved, Failed of passage.
[Assembly Intro, 5055 PAROLE BOARD HEARING OF
PAROLE VIOLATORS
‘This bill amends the correction Taw to strike out the provision that
the warden of a prison shall notify the State Board of Parole of the re
turn of a paroled prisoner charged with violation and that the Board of
Parole shall hold parole court at the iostitution as soon as practical to
sive the parole violator an opportunity to appear and explain charges
fuade against him, This the Association approved. Now Chapter 208
‘Laws of 1968.
Senate Intro. 1602 WORK RELEASE
"This bill provides that any person sentenced to imprisonment in &
sate corvectional facility and eligible for parole or conditional release
‘Shall also be eligible for consideration to participate in programs of
‘Sducation, omthe-job training or employment and requires the correc:
tion commissioner to establish such programs in which prisoners may
‘work at paid employment in the community while continsing as prison
tre. The principal of the bill the Astociation supported. Vetoed by the
Governor.
Senate Intro. 4084 COUNTY JAIL WORK REL
‘Tai Dill authorizes the sheriff, with dhe approval of the county legis:
tative body, to establish work release programs for prisoners sentenced
to the county jeil and to grant privileges of leaving the place of con
Snement to work at gainful employment or participete in programs of
Vocational training, This the Acsociation supported. Now Chapter 768
of the Laws of 1968,
Senate Intso, 4408 WORK RELEASE FOR
COUNTY PENITENTIARIES
‘This bill authorizes the superintendent, with the approval of the
county legislative body, to establish work release programs in_ which
Prisoners sentenced to county penitentiaries may be granted privileges
Of leaving confinement to work at gainful employment or to participate
in privately or publicly sponeozed programs of vocational training and,
93
in the case of 2 female inmate, to Teave the institution for the purpose
of caring for her family. This the Association approved. Now Chapter
‘7 ofthe Laws of 1968.
Sonate Intro. 5216 WORK RELEASE FOR NEW YORK CITY
DEPARTMENT OF CORRECTION
‘This bill provides that the New York City Correction Department
establish a work release program for prisoners sentenced to New York
City correctional institutions, It makes other provisions as to the con-
ditions of employment, disposition of earnings, escape and Hability
for prisoners on work release. This the Association supported, Now
Chapter 788 of the Laws of 1968.
Assembly Intro, 3919 UNIFORMED FORCE OF CORRECTION
DEPARTMENT
‘This bill required that the uniformed force of the Correction Depart-
1ent shall consiet of correction officer, sergeant, lieutenant and captain,
principle and assistant principle keeper, superintendent and director, suck
composition to be altered only by creation of new positions or ranks.
This the Association opposed. Failed of passage.
Senate Intro. 5467 EAVESDROPPING ORDER
‘This bill fixed provisions relating to eavesdropping warrants, inelud-
ing authorized Supreme Court Justice designated by Governor as Appel-
late Division Justice or designated by Appellate Division ax Adminin-
istrative Judge, upon ex-party application of applicant, to issue such
warrants which may be issued only upon application on reasonable cause
1c that evidence of commission of a particular erime or informa
in the apprehension of « perpetrator of a particular erime
has been oF may be obtained under certain conditions. Makes other
provisions as to issue, application, contents, renewals, execution return
‘nd notice, This bill the Association supported. Now Chapter 516 of the
Laws of 1968,
Assembly Intro, 761 and 6937 and Senate Intro. 5648
ABORTION REFORM
‘These bills amend the Public Health Law and the Penal Law to auth-
ovize physicians and surgeons ieensed to practice lawfully to perform
abortions, This the Association supported. Failed of passage.
on
Assembly Intro. 4494 MODEL AIRPLANE GLUE
‘This bill defines criminal sale of plastic cement or model aizplane
lae as an individual knowingly selling or giving away such cement or
flue containing any volatile solvents such as hexane, acetone, oF toluene
Thich, whea inhaled or sniffed, produce a state of euphoria that can
be dangerous and habit forming. This the Association opposed. Filed
of passage.
SELLING DANGEROUS DRUGS
This bill defined as criminally selling dangerous drugs in the frst
degree as sale to. person less than 18 years of age and changed the
penalty to a Class A felony instead of a Class B felony. This the Associa
tion opposed. Failed of passage.
Asembly Intro. 77
Senate Intro. 286 PENALTY FOR POSSESSION OF DANGEROUS
DRUGS AND CRIMINALLY SELLING
DANGEROUS DRUGS
changes the classification of eriminal possession of danger
‘ous drugs in the first degree and criminally selling dangerous drugs
fm the sevond degree from Clase C to Class D felony and of criminally
telling dangerous drugs in the fire degree from Class B to Class A
felony. This the Association disapproved. Vetoed by the Governor.
‘Assembly Intro, 1448 SEX OFFENDERS
‘This bill created a division of state criminal registration in the state
police and required persons convicted of sex offenses and offenses com:
‘mitted in conjunction with intent or attempt to commit sex crimes to
egister and maintain registration with such office and made other pro-
‘isfone as to registration, penalties and exemptions, This the Association
Aisapproved. Failed of passage.
Assembly Intro. 17. DEATH SENTENCE
‘This bill provided that where the vietim of a crime was # person
Killed while aiding « police officer in the course of performing his
‘official duties, the court shall conduct proceedings to determine whether
the convicted defendant shall be sentenced to death in lieu of being
sentenced to imprisonment for a Class A felony. This the Associati
isapproved. Fafled of passage.
APPENDIX “A”
CORRECTIONAL PROGRAMS*
By Donald H. Goff
‘The middle years ofthe 1960s have sen major changes in coretions
in the United Sate, While the roots ofthe nw orientation in tore
thon aod tho administration of otal juice are fomnd in the
immedinte po Weck War Il ra the movement which started two
Accader age bus heen immasurbly advanced by the broader recat
oto to combat problems of poverty and hy reeogiion that the root,
Suse of mock eximinal conduct sft in poverty with all vel
iewertnoy boyelennine, and hotly toward clad norms of be:
Teor, The the that ovine aed eciivon ave But pet of complex
toval problem bas led leo fo the reconiton by the various agencies
tavoltod in te edminrtion of trina juicelew enforeomen,
Prosctin, the cous und correction tat ech is Bat one
tin larger system whose function ti to maintain public anf nd
der and to grote! the righ of induces
Tn the pa, dchatce among tho charged with redcing cme cen
focwed upon a “gt tough poloy” waa “volt apponshe” Now, by
Conta, the relicaton ta fow domestic iss in the United States are
te allperading, sv compler sod ae dic of olution as ecime
iading ts greater reearch, ue enpetinesial imoralive proramn,
td more coojeration among he varfoe agence: invohe
Concern over the pervasiveness of crime has been reflected in creation
‘within the past few years of a number of bodies to study, evaluate and
find solutions to the problem, Perhaps the most significant was creation
of the President's Commission on Law Enforcement and Administration
of Justice, often called the President's Crime Commission, which in
February, 1967, submitted its report, The Challenge of Crime in a Free
Society. This report was a document of historic importance, the first
ofits kind sineo the famous Wiekersham Report of 1931, It contains a
wealth of information and challenges traditional concepts and ways of
thinking about and analyzing crime.
For a number of years, correctional admi
ators have agroed that
their principle concern was obtaining trained, competent personnel.
Manpower was not available to fill all established positions. Also the
qualifications, education and training of most categories of correctional
“> Ghapas om Comectin fm The Bok ofthe States 16849, plished by the
coun Sts Conese fl Casts
98
96
saree re at oa ine
ty eo tet ee Ae ee Stn
see eres ay Gen tn
MAIN STREAMS OF ACTIVITIES
Community Centered Coteion! Prosrans
Tne Intra ha er plc pon ihe devopont of come
re the commonly Tiss let tat aie
ee es eed aay fem ire population crt
aT ich om noma common aie, ha
ta ada every realy, ional progam
se ef ped er sterner lemma 0
a ee cea itulom Tit mavens nextel
Sena eof idence in rg wan srv fo ned
My es ean sero ay hue one
se ea iol nthtos to slow 4 soe radu tae
ee ty Heng es devopert of werk rae
an tt ats ae he ttton dering none
moa th Pea nh commonly reaing might ad 8
aig Nr Getto rem the so probation aon aoa
PreRelease Centers and Halfway Houses
te of a correctional institution — who, because of the very
Wife, has had the zunge of his decisions greatly
a
narrowed —release to the community, while eagerly sought, can be a
bewildering and frightening experience. Data indicate that to a great
extent the first fow weeks immediately after an individual's release are
critical. Immediately upon release, he is confronted with a series of
problems —finding a place to live, and coping with the more important
peychological obstacles of insecurity and self-consciousness. Research in-
dicates, however, that at this same time, when the individual is faced
with a myriad of personal and practical probleme, his motivation for
change, if it exists, is strongest. The use of halfway houses or pre-release
comers is a logical way to capitalize on strong motivation for change
and at the seme time aid the releasee in overcoming some of the
personal and practical problems with which he fs confronted.
Programs in these facilities, located in large residential areas near
educational, training and employment zesources, generally consist of
employment counseling and work placement: individual and group
counseling on problems of personal living; and semi-orgenized, individ-
‘ual and small group recreation. From the residential base which pro:
vides the immediate support required, the releasce is able gradually to
‘moot and cope with his practical and peychological problems, and
eventually can be able to make a satisfactory transition from prison
norms to socially acceptable community living.
Indications are that such community residential centers may not only
be of value to individuals “halfway out” of correctional institutions
Dut also to persons who may require more support and supervision
than can be given by probation, yet do not need complete institutional
ization. While only in an embryonic stage, “halfway in” community
residential facilities offer a new resource for the handling of offenders
Pilot programs of this type are presently being conducted successfully
by the New York State Diviston for Youth in its “urban homes” and
by the Probation Department of the Supreme Court Second Judicial
District of the State of New York in Day Top Village the first halfway
house in the United States for probationers with a history of drug
addiction
Work Release Programs
Among many growing efforts to increase the effectiveness of corree-
tion and reduce recidivism, by enabling inmates to maintain closer ties
with normal community activities, are work release or work furlongh
provisions. Under such programs, prisoners are permitted to leave the
institution during the day to continue working. in jobs they held before
being committed, to work in jobs obtained by institutional authorities,
to attend school, to receive medical treatment, orto seek employment.
98
‘The idea, while not new (it was first introduced more than fifty years
‘ago in Wisconsin) has within the past few years heen adopted by an
increasing number of States, and an ever-widening number of inmates
are enabled to avail themselves of the opportunity involved. The first
States to enact legislation permitting work release restricted its use to
‘minor offenders-misdemeanants, Statutes in States adopting the concept
‘more revently have extended the benefits to other classes of offenders,
including those convicted of more serious crimes, Generally speaking
however, certain groupe of offenders are barred from work release.
‘These include sex and narcotic offenders, persons serving life sentences,
and individuals who have warrants filed against them by other jurisdic:
tions for additional erimes.
‘The usual practice isto deposit the inmate's earnings from his outside
work into a joint account of the inmate and an institational authority.
From this income, he pays some of the cost of his confinement. What
Ihe pays ranges from $1.50 to $5.00 a day in different States. The inmate.
worker also makes some contribution towards support of his family and
dependents. Such payments are particularly significant
ceases, In general, about 40 per cent of the income of
workrelease programs goer for support of dependents, and about 35
per cent is allotted for institutional costs
‘The value to the community of such an allotment of money, for both
of these purposes, is readily observable. Law-abiding taxpayers need not
bear the fall financial costs of maintaining an individual in prison and,
as is often the case, also provide welfare assistance to his family and
dependents
From the money remaining, a small percentage becomes the individ-
uals share, available to him upon release. About the samo amount
{goes toward the payment of prior debts. There is, of course, some varia
tion in the way the inmate worker's money is broken down in the difer
‘ent States invelved. For example, in Wisconsin until 1967, when only
‘county jail inmates were eligible, about 27 per cent of earnings were
paid back to the county for bosrd, and 36 per cent went for support of
the prisoner's dependents, In Maryland, on the other hand, during the
first two and one-half years of its operation, inmate-workers with net
‘earnings of $680.00 paid approximately 33 per cent of their earnings
to the State for their board and slightly lesa than 10 per cent to de-
pendents. The remainderexcept for about 1 per cent which was used
for work expenses—was crodited to the inmate's personal account,
available to him upon release,
‘The economic advantage of work release to the community, while
‘obvious, is by no means the sole value, About 98 per cent ofall indivi.
99
ale sentence to imprisonment eventually return to the communi
Certainly a prime function of insitationalzation ht prepare once
to be lvebiding, afl, commaunty chiens This eae bo'loce hp
Aecping them avay trom community ie for extended perade Testo
rental health authorities have Tsoguised the mest to develop sises
patient relallonshipy, and have crested comms eet
js, 0 coretona authors have acted to mous & com
parable ued. For prisoners wring sulatively long senlenee, work
eae programs ean provide gral and benetetl ttamilen Ye com,
living, For ‘thor prisoners, work release ats to reduce tho
from norma ife which markedly handicaps rnterates inte
1 Frc sony upon release. Society
sets by ae? aa re re
Se ne er aa cee
perapreee er cpn
See
oa apace Ne yn tn te
"saditonal imprisonment have pointed tothe vl af expen
imprisonment have pnted to the value of expanding the ves
of probation ti eeogized that for many offenders cacti i
‘he appropriate cancion, either bocante they ate dangerots or because
of te seriousness of tei offenses Ba in the vat salty of cane
here sich a sencton is nat obviously casei, there baw bec
exoning disenchantment spon relying so heally ou imprcomnen te
schier the goal of correction, The resting incensed agli upe
Probation is supported by sveel considerations
One, as mentioned above, is the problem of rentgraing the offender
into the community afer he as been slated from normal eomrety
100
living in a prison. The Report of the Task Force on Correction of the
President's Commission on Law Enforcement and Administration of
Tastice states:
“A key element in this strategy (reintegration) is to deal
with probleme in their social context, which means the inter-
actions of the offender and the community. 11 also means avoid:
ing as much as possible the isolating and labeling effects of
commitment to an institution. There is little doubt that the
goals of reintegration are furthered much more readily by
‘working with an offender in the community than by ineareerat-
ing him.”
‘The validity of this point of view is supported by the returns of a
questionnaire circulated to correctional commissioners, wardens, chap-
lains and psychologists, Of those who replied, one-third agreed that most
of the pritoners who do remain law-abiding after release would have
done so without the necessity of imprisonment.
‘The same point of view is upheld in a report of an American Bar
Association group in January, 1968, which submitted that except for
‘such crimes as murder and treason, judges should have the authority to
put the convicted man or woman on probation, The committee stated
that judges should first consider probation, or at least the kind of
response,” the report
“More harm than good jused by such an attitude.
Often institutionalization results in little more than education
‘of the offender in more sophisticated methods of engaging
in eximinal conduct...
“Particularly in the ease of first offenders there is a much
greater chance in most eases of avoiding # subsequent offense
helping the offender adjust to society than by removing him
from it.”
‘The record of probation seems to bear this out. One summary an-
alysis of probation outcomes observed that in cleven studies the success
rates were from 60 per cent to 90 per cent. A number of other surveys
of probation provide similar results, These studies all show that a sub:
stantial number of persons ean be placed on probation with a relatively
high success rate and thereby accomplish the purpose of the correctional
Process.
A further consideration in the growing emphasis on probation is its
‘cost as compared with confinement. The average State spends about
101
$3,400 a year (excluding capital costs) to keep a youth in a state train
ing school, but it costs only about one-tenth that amount to keep him
‘on probation, The cost differential becomes even greater when one adds
capital costs for correctional institutions, which now run up to and
beyond $20,000 per bed, and when one adds the cost of welfare assist.
ance to families of prisoners and loss of taxable income of breadwinners,
Bocause of these reasons, estimates for the future project an increese
of adults on probation almost two and one-half times grester than the
growth in institutional and parole populations by 1975.
Programs jor Special Categories
A growing awareness on the part of observers in different fields that
contention of correctional authorities that certain types of offenders are
not properly the responsiblity of corrections.
The Alcoholic Offender
‘The largest number of offenders in any local correctional institution
are those sentenced for displaying a symptom of an illness-alcoholism.
‘The President's Commission on Law Enforcement and Administration
of Justice estimates that onethird of the arrests in the United States
are on public drunkenness charges, and that the majority of those
arrested on these charges are ill with aleoholism, Repeatedly, profes.
als in correctional institutional administration have pointed ont the
fatility of using correctional institutions ax a means of handling the
skid tow alecholic—“the individual who is serving a life sentence on
the installment plan.” Two United States Courts of Appeal in 1966 agreed
with both correctional authorities and the American Medical Associa-
tion that these individuals should not be prosecuted for displaying a
‘symptom of their disease. This was a decision long awaited for humani-
al consideration of the matter awaits the U.S, Supreme
Court, It is highly questionable whether in the future a eategory whose
members in the past have constituted almost 50 per cent of the popula-
tion of local county jails will continue to he jail residents under pu
sentence,
In another response to the questionnaire previously mentioned, the
commissioners of correction and wardens in the United States estimated.
that at least 10 per cent of the state budgets for correetional departments
‘are used for the care and custody of prisoners committed solely for
drunkenness; one in seven commissioners placed the amount as high
850 per cent.
302
‘The Narcotic Addict
ton Control Commission Law. Under this statute,
11966, any individual convicted of a misdemeanor who is found at the
‘same time to be a narcotic addict must be committed to the State's
‘Narvotic Addiction Control Commission for treatment of the addiction,
if the commission accepts him; traditional sentencing based upon offense
is transcended by the fact that the individual is certified as a narcotic
addict.
"To some extent, a similar law is operating in New Jersey, where an
individual narcotic addict convicted of a misdemeanor may voluntarily
‘request commitment to the State's Neuro-Peychiatric Institution for treat
‘ment of his addiction in lieu of penal sanctions.
—
103
Another major step was taken with the lesser offender on September
1, 1967 when, as a result of a new penal law in New York, individuals
with sentences exceeding ninety days could, upon their roquest, be con.
sidered for a misdemeanant parole. Despite the fact that the value of
parole has long been recognized, as it relates both to the individual and
to the protection of the community, parole generally has been operative
only for the more serious offenders. Individuals committing lesser offen.
tes have traditionally heen excluded from parole sapervision and help.
As a result of the ferment in the field of correction and the ensuing
creation by the New York Legislature of a Temporary Commission on
Revision of the Penal Law and Criminal Code, a procedure introducing
the benefits of aftercare supervision to both the community and the
individual was extended to the lesser offender.
Broad Initiatives and Current Questions
In view of the growth of work release, the shift of alcoholics from
criminal prosecution to medical and health handling, the development
of volunteer private citizens to help lesser offenders solve their prab-
lems, and the use of misdemeanant parole, it is obvious that major
changes are taking place in correctional practices.
During the short time that actdemic research has focused its attention
on corrections in an attempt to evaluate traditional programs, many
innovations have resulted from this objective, impartial research. radi
tional programs and treatment that had been assumed successful in
reducing recidivism were found to be failures when exposed to growing
‘outside examination,
But, despite the research earried out, much more needs to be done to
determine the eflectiveness of various programs. Does the community
including labor and employers —become actively involved with the de>
velopment of community residential centers? Do employment possibili-
ties increase when individual offenders are released to a community
‘correctional program under supervision, and with counseling, before a
full release to the community on parole? What type of offender can be
best handled without commitment to a rogimented, large prison, but
needs a smaller residential facility? When is the best time to release
idual to a community residential facility from a correctional
‘There are questions that require additional analysis and answers, But
the groundwork for such analysis has been laid in the past several
years, and support is forthcoming from institutions of higher learning
4s well as from correctional administrators who seek objective answers.
Examples of State Programs
‘The following summaries should be considered only as examples of
activities in various States, It would not be possible here to cite all of
the significant programs recently inaugurated by the Sty States and by
the federal government.
‘As reported from Colorado, its Legislature recently passed a subsidy
support bill to help pay the salaties of probation officers in the various
state judicial districts to enable the distriets to obtain better trainod
employees. This is an implied endorsement of the value of probation
and a recognition of the need to deal realistically with the problem of
correctional manpower and training. While probation is not a state
function in Colorado, the program noted is administered through the
Division of Corrections in the State Department of Tastitutions.
Colorado is also one of the States that have adopted legislation auth-
orizing creation of facilities physically separated from the main institu-
tions, to be used as presparole centers or work release residential cen:
tere, in addition to serving for other fanctions. Its legislation further
allows the warden to extend the limits of confinement of any inmate to
‘work at paid employment or participate in a program of job training,
to be interviewed by prospective employers, and to obtain health ser
vices not available in the institution,
‘A concerted effort is being made by the Denver County Court to
develop a judicial panishment approach alternative to fine or jail for
individuals found guilty of misdemeanors, A program is in its second
‘year of operation involving the interviewing and evaluation of the suit
ability of plecing defendants in a high-intensity program consisting of
voeational counseling, “on the spot” paychiatric services, use of VISTA
volunteers providing intensive assistance to families of probationers,
and use of volunteer counselors on a face-to-face basis. Research on the
first year of operation indicates that more individuals placed in this
program had fewer arrests since being placed on probation, as com
pared to a comparable length of time prior to probation, than did
‘members not placed in the program.’A secondary effect of the
project has beon development of similar programs in two adj
Counties, in which volunteer counselor probation supervision will be used.
A statute enabling establishment of a work furlough program in South
Carolina was enacted in 1966, and further extension was authorized in
1067, The expansion allows the Director of Correction to grant fur-
loughs to qualified inmates not only for employment interviews, to take
special training courses, and to secure living quarters, but also to make
home visits not exceeding two days after an inmate has completed at
105
Teast three months on a work release program. This places South Caro-
,forter, realiing that there sa relationship between
, vocational sis and triminal Behaving, hes ce
use nd recived a federal grant which vl enable the Sone Pepe
sent of Correction to ntl compar programming tshine perry
Ex.S mle nc an ypc fe nt
rose confidence thatthe teining would pevide inmate ok tanta
& good paying jobs once they ace raleasel, ad thos amber ee,
prospects for sohebiltation,
Jn Wisconsin, birthplace of work release for loser ofenders, 1967
sev adoption of an amendment allowing the State Departnene of Coc
on which principally receives serious fees) ta nt up s
work release priileges— placement of inmates fu aniversien edlage
tecnial, vocational or uade schol, or in sheeed wont ee
lining programs, Already, several inmates from the Wiest Can
“ioral Ton, ery instton fra eee
ate attending an advanced electronic coun ats neighboring vetoed
ighborig voatond
school, Also, several inmates from the Wisconsin State Heloreaey
have heen pled in shetred work shops prior to their telecon tee
Yocational placement testing, evaluation and in somo eases, training
In addition, Wisonsin— which in the past has been a leader in train
‘ng parole and probation ofivers— recently authorized establishment of
« centralized training facility for institutional personnel, This facility,
which began operation early in 1968, ie the Wisconsin Cosreotional
Academy, located on the grounds of a correctional center. It is staffed
by experienced institutional personnel and functions in coordination with
the state training program of the Probation and Parole Services. Besides
frientation and basic courses, the academy is pl
vision and administration of institutio
individual employees keep abreast of the
rograms in the State,
ing courses in super-
and courses designed to help
various innovative correctional
A numberof objectives ate sought by a reuearch project undertaken
4m 1967 by Texan am instution for in ofendere Wks ela
more concerning the effects of satu, cceupations, aoene nad ona
ion of young offenders, im order to aid in the prevention of eran na
in rehabilitation, Tncluded i the purpose of Whig moe Geary a
106
type and content of rehabilitative programs which would be most sue-
cessful in reducing recidivism among this type of correctional populs-
tion, In seting forth the rationale of the project it was pointed out that
the ultimate goal of a vocational rehabilitation service in a correctional
department is to place individual offenders in appropriate employment
upon release from prison. Such a rehabilitation program, it was rer0g-
nized, requires a broad range of services, including diagnosis, evaluation
tweatment, therapy, vocational and general education, counseling, and
finally, placement. “The suecess of each of these services in the rehabil
tation process.” the project plan stated, “is dependent not only upon
the quality and availability of the services themselves, ut also, and to
4 great extent, upon the suitability of the services in terms of the needs
‘of the client.”
In Illinois, with strong public suppor, legislation was signed by the
Governor in 1967 enabling the State Department of Public Safety to
establish community hased, community oriented facilities to which are.
fully selected inmates of the state penitentiary system will be sent,
prior to release, for gradual reintegration into community life. As sum:
marized by the Director of Public Safety, “The State plans for programs
consisting primarily of employment counseling and placement, individ:
ual and group counseling on problems of personal living, semi-organ-
ined individual and small group recreation and a research evaluation
program.
Having originally enncted a work release law in 1959, Ulinois
broadened it in 1967 by authorizing the Department of Public Safety to
avail itself of this type of program for more serious offenders. The
State locks forward optimistically to the effects of the program, it was
reported, as “it will enable the men to leave the institution with con-
siderable savings, and provide them the wherewithall to make restitution,
and to pay legitimate dchts, thereby freeing them from overwhelming
financial burdens on the day of release.”
Illinois, ike most States with large urban areas, is becoming increas:
ingly concerned over a growing drug problem. Ithas created a Narcotics
Advisory Council, which authorized the Department of Mental Health
to develop programs with other governmental and private agencies for
the prevention and control of narcotic addiction, and to establish uni-
fied programs inthis fel.
In Ohio, a new division of psychiatric criminology was formed as
part of the State Department of Mental Hygiene and Correction. Its
‘purpose is to work with the Ohio Division of Correction in providing
psychiatric service to the State’s penal institutions. The Chillicothe Cor
rectional Institution (leased by the State when the federal government
107
phased out its federal reformator
part of it tured over for
offenders.
Y operations) has been activated, and
Psychiatric care and research on Ohio adult
Continuing its effort to expand educational services, the Ohio Division
of Correction has introduced accredited college courses inte the cont
zectional institutions of the State, Through arrangements with loed cl
leges, two ofthe innttions are now providing filly acreited enures,
with live teachers, as opposed to correspondence courses, at pont of
advanced educational program. ae
THE CORRECTIONAL ASSOCIATION'S
‘THE CORRECTIONAL ASSOCIATION OF NEW YORK
GENERAL FUND
STATEMENT OF INCOME AND EXPENSES
YEAR ENDED DECEMBER 31, 1968
INCOME
Donations — Special Purposes
"Tho Greater Now York Fund #53800
Shaw Foundation 7000.00
Other Funds 2
‘Total
Donations —unvertroted seztes
Endowment Incime
Dividends 2619650
Interest 267308
5290953
ncome Earned on Legacy 450000 5746053
Sele of Publications ‘001
‘Miccllaneows Income 1222
EXPENSES
General Administration
Diner Serves
Financial Ald — Priwaers and
"Femlies (oon, ond; eloing, ete) $1621.55
emily Service Burau" Administration 738475.
Employment Bureau Administration _ 897678 333215.
Pablictions e202
‘Travel Expensca S200
Equlp:nent, Supsties printing
‘ial rion aera
Peatage 157908
Telephone and telegraph ra.38
Professional and legislative services 100.52
Investment cortedian fee sasrst
Membership perlodicale and miscellencoue 20875
Home maitenance 37428
Pensons agar
Enployess retirement pln 2900.8
US. Old Age Beneste tox Tsar
Dianbility and Workmen's Compensation 0
Toul Expenses lusarras
EXCESS OF EXPENSES OVER INCOME sir26sas
CONSTITUTION AND BY-LAWS
‘An Act to incorporate The Correctional Association of New York.*
Passed May 9, 1846, by a two-thirds vote. (As subsequently amended.)
The People of the State of New York, represented in Senate and
Assembly, da enact as follows:
Section 1. ATL such persons as now are and hereafter shall become
‘members of the said association pursuant to the constitution thereof,
thall and are hereby constituted a body corporate by the name of ‘The
Correctional Association of New York,* and by that name have the
powers that by the third title of the eighteenth chapter, of the first part
Of the Revised Statutes, are declared to belong to every corporation,
fand shall be capable of purchasing, holding and conveying any estate,
real or personal, for the use of seid corporation, provided that such
real estate shall never exceed the yearly value of ten thousand dollars,
‘nor be applied to any other purpose than those for which this corpora
tion is formed.
$2. The estate and concerns of said corporation shall be managed
and conducted by its exeoutive committee, in conformity to the com.
stitution of the said cosparation; and the following articles that now
form the constitution of the association shall continue to be the funda
‘mental laws and constitution thereof, subject to alteration in the mode
therein preseribed
ARTICLE FIRST
‘The objects of the association shall be:
1. The amelioration of the condition of prisoners whether detained
for trial, or finally convicted, or as witnesses
2, The improvement of prison discipline and the government of prison
whether for eities, counties or states.
3. The support and encouragement of reformed convicts after their
discharge by affording them the means of obtaining an honest livel
hhood and sustaining them in their efforts at reform.
—ZPORMERLY, The Prison Association of New York, At a special meeting of
the hebben ike name as chansed on Pebrescy 1, 1961 to he Correctional
‘BSwclaln’ of New York end thie change was duly Zecorded with tho Soertary
me
ua
ARTICLE SECOND
‘The officers of the society shall be a president, four vice;presidents, a
recording secretary, a corresponding secretary, and a treasurer, and
there shall be the following committees, viz.: a finance committee, a
‘committee on detention, 2 committoo on prison discipline, a committee
on discharged convicts and an executive committee, The number of
the executive committee shall consist of not more 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.
ARTICLE THIRD
‘The officers named in the preceding article shall be ex-officio mem-
bers of the executive committee, who shall choose one of their number
tobe chairman thereof.
ARTICLE FOURTH.
The executive committee shell meet once in each month, and keep
regular minutes of their proceedings. They shall have a general superin-
terdence and direction of the affairs of the society, and shall annually
report to the society all their proceedings, and such other matters as
shall be likely to advance the ends of the association
ARTICLE FIFTH
"The society shall meet annually in the eity of New York, at such time
and place as the executive committee shall appoint, and at such other
times as the president, or in his absence, one of the vice-presidents,
shall designat *
ARTICLE SIXTH
Any person contributing annually to the fands of the association not
les than five dollars shall, owing to such contribution, be a member
thereof. A contribution of five hundred dollars shall constitute « life pas
tron; 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 2 member of the association for life. Honorary
and corresponding members may, from time to time, be appointed by
the exooutive committee.
ARTICLE SEVENTIE
A female department shall be formed consisting of such females as
shall be selected by the executive committee, who shall have charge of
m4
the interest and welfare of prisoners of their sex, under such regulations
as the executive committee shall adopt.
ARTICLE EIGHTH
‘The offcers of the association shall be chosen snnually at the annual
resting, at which time such persons may be elected honorary ‘members
tr shall have rendered essential service to the cause of prison discipline
ARTICLE NINTH
is few become auxiliary to
[Any society having the same objects in view be
this association by contributing to its funds and cooperating with i.
ARTICLE TENTH
‘The executive committee shall have power to add to any of the stand:
ing committees such persons, a, in their opinion, may be likely to pro-
rote the objects of the society, and shall have power to fill any vacancy
wwhich may occur in any of the offices of the association, intermediate
the annual meetings.
ARTICLE ELEVENTH
‘This constitution may be amended by a vote of the majority of the
society at any meeting thereof, provided notice of the amendment has
been given at the next proveding meeting.
‘The officers elected for the current year, under the constitution shall
continue to be the officers thereof until others shall be duty chosen in
their places.
"And it is hereby further enacted that no manager of said socicty shall
receive any compensation for his services,
$8: The ssid executive common shall have powor to exalith «
wecaues se'ihe county of New York, and in hex dsrtion, ©
wonton ue in he said orks all sch persons os shall Be
Rete or md po varant or duoreny powons in sx ly
see Bot of General Suns ofthe Peace, ofthe Coutt of Spee
aan Ae Cue of Oper and Termine, Jn sid cow, oF any
Sesto, ate orth commissioner of he sass may deem prOP
reipjocs and We aid excl commie sal hve the sme powers
ee employ nd govern the sad persons as are now by Ist
Oe oe he kapes ofthe brdewal or pnentay in sid hy.
$4. The aid executive committee may, from time to time, make
bylaws, ordinances and regulations, relative to the management and
15
Aisposition of the estate, and concerns of said association and the
management, government, instruction, discipline, and employment of
the persons so as aforesaid committed to the said workhouse, net con-
tuary to law, as they may deem proper and may appoint such officers,
agents and servants as they may deem necessary to transact the busi
ss of the said association, and may designate their duties. And the
said exccutive committee shall make un annual report to the Legislature
and to the corporation of the city of New York, of the number of persons
received by them into the said workhouse, the disposition which shall
be made of them by instrueting or employing them therein, the receipts
and expenditures of said executive committer and generally all such
facts and partioulars as may exhibit the operations of said association,
55. The said executive committes shall have power, during the min-
ority of any of the persons so committed to the said workhouse, to
bind out the said persons so being minors, as aforesaid, as apprentices
fr servants, with their consent during, their minority, to such persone
and at such places, to learn such proper trades and employment as
their judgment will be most condueive to their reformation and amend-
‘ment and future benefit and advantage of such persons.
56. The said executive committee by such committees as they shall
from time to time appoint, shall have power, and it shell he their dui
to visit, inspect, and examine, all the prisons in the State and annually
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. And to enable them to exccute the powers
and perform the duties hereby granted and imposed, they shall poasese
all the powers and authority that by the twenty-fourth section, of title
fire, chapter third, part fourth of the Revised Statutes, are invested in
inspectors of county prisons and the duties of the keepers of each prison
that they may examine shall be tho same in relatfon 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 oF
inspection of any prison shall bo made until an order for that purpose to
be granted by the chancellor of this State, or one of the judges of the
Supreme court, or by # vice-chancellor or cireuit judge, or by the first
judge of the county in which the priton to be examined shall be situate,
shall first have been had and obtained, which order shall specify the
rneme of the prison to he examined, the name of the persons, members
id association, by whom the examination is to he made, and the
BY-LAWS"
1. There shall be stated meeting of the executive committee on
the fourth ‘Thursday of each month, and special meeting shall be held
‘on the requisition of the Chairman or any three members of the execu
tive committee, The call for a special mecting shall, in all cases, state
the business to be transacted at said meting. The annual meeting shall
jhe held on the fourth Thursday of January in each year at an hour and
place to be designated by the executive committee.
‘The number of members composing the executive committee exclusive
of the officers of the association, is hereby fixed at twenty-four, and
divided into four groups or classes a follows: At the election held at the
‘anaval 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.
‘Ar each annual meeting thereafter six members shall be elected for the
{erm of four years in place of those whose terms of office then expire.
‘Any vacancies in the membership of the committee by death, resign:
tion or otherwise, may be filled either by the association at any annual
necting or, in interims between the annual meeting, by the executive
TI. At every meeting of the executive committee five members shall
be necessary to constitute a quorum.
IIL. ‘The order of business at the annual meeting shall be as follows
1. Election of chairman and secretary.
2. Reading of minutes of the last meeting.
3. Report of committee on nominations.
4, Election of officers.
Report of corresponding secretary on work of year,
6. Annual report of the treasurer.
LV. The order of business at every other stated mecting shall be as
follows:
1, The reading and approval of the minutes of the last preceding
meeting.
2, Report of treasurer,
3, Report from standing committees.
4, Report from the corresponding secretary.
TAs amended by the Exeeusive Commitee of the Assocation, December, 981,
Febreay, 1958; May, 1954 and May, 190.
16
uz
‘5. Reports from spevial committees,
6. Report from the general agent.
7. Miscellaneous business.
At a special meeting no other business shall be transacted than that
for which the said meeting was called
V. The chairman shall appoint all standing and special committees
and decide all questions of order, subject to an appeal; and the rules of
order shall he those embodied in Cushing's manual so far as they are
applicable.
VL. The recording secretary of the association shall be the secretary
of the executive committee: and it shall be his duty to keep the minutes
of the proceedings of said committee, to record them in a book pro-
vided for that purpose, and to give duo notice of all meetings of the
committe,
VIL. The corresponding secretary shall conduct the correspondence
of the executive committee and of each of the standing committees; and
shall act as the general financial agent of the association, and shall
report at each stated meeting of the committee.
VILL. The treasurer shall have charge of the funds of the association,
and shall give such security as the executive committee may require
His duties are more fully defined in by-law X.*
TX. There shall be at least the following standing commitwes: ex-
ecutive; finance; law; detentions; nominations; probation and parole:
prison administration, Such committees in addition to any powers of
duties conferred by these by-laws shall severally possess the power and
be 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-
sMitution, and the committee on prison administration shall function as
the committee on prison discipline mentioned in the constitution.
The duties of the above named committess, not otherwise provided
for in the constitution or by-laws, are a8 follows
Tt shall be the duty of the committee on detentions to inquire as far as
may be practicable or necestary into the causes of commitment of per-
sons held in institutions of the Department of Correction of the City of
sw York, and, when 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 chall further be the duty of the commit:
“The position of Ausociate Treasurer wat crested by the Executive Committe
its meeting in May, 1901.
us
therefor, to extend its work to jail
ements are made ;
exten 1s outside of the City of New York
tent eres
Sennen reformatries an
od within he Sate of New Yorks arenes
4. ll be the ny ofthe cates on nominations to consider the
quits at pons avlablo for lection as vizerevdens 0
seasl os nomaberhip ont execatve commit ofthe asseltion,
aaa es recommendations here on to the excutve commitiee
Srarer: tis nd parole to be
Mt be the duty of the commitec on probation and parce © be
ween in ihe operation ofthe probation, parole and employ
associat hy atocation, any from tne to tae, o make Tem
sider the internal org’ i
tiaties, reformatories and State prison
“th connie on Sauce shal charged ith dn ity of as
in cara for fod
Sones he moro sal be viel fat wo prs 10 Be
Fe pamela
cert ad tediate direction and control of the com-
ca nar "
9
including donations for general purposes, and income from endowment
fund, shall be credited to the general fund to which the authorized dis:
bursements of each activity of the astoctation shall be charged at the
close of the fiscal year
‘The treasurer shall notify the corresponding secretary immediately
‘on receipt by him of any sum for the account of the association that
such receipt may be entered at once to the credit of the proper account
‘on the books of the association,
“The corresponding secretary shall be the general disbursing. agent of
the association, the object of the provision being to keep in the central
offices of the association, all receipts for payments by him for the asso-
ciation of any kind, nature or description and to have in the central
offices inamediate record of all his disbursements
|All donations received by the corresponding secretary shall be en
tered by him upon the proper books of the association and then
deposited in such bank as directed by the treasurer to the credit of the
association, Whenever the executive committee shall make an appro:
prlation out of the general fund the corresponding secretary shall send
to the treasurer a copy of the resolution making the appropriation,
certified by the recording secretary, which certified copy shall be the
treasurer's authority for transferring the appropriated amount to the
corresponding secretary.
‘The treasurer shall keep an account covering the general fund in the
name of the association, All bank accounts of the Association, except
the bank account of the corresponding secretary for current disburse:
‘ments, shall be subject to the check of such memabers of the Committee
on Finance as shall be designated by the Executive Committee,
‘The corresponding secretary shall keep a bank ascount in the name
of the association, subject to his check as corresponding secretary for
current disbursements, and shall deposit to the eredit of said bank ac-
count all moneys he may reocive from the tressurer drawn from the
‘general fund.
‘The committee on finance shall arrange for annual audits of the ae-
‘counts of the treasurer and of the corresponding secretary.
‘At each regular meoting of the executive committee the treasurer
shall make a detailed statement of the receipts and disbursements for
the preceding calendar month, He shall make a statement showing the
investments and the receipts and disbursements of the endowment funds
he shall make, at the annual meeting of the association, » detailed
statement of receipts and dishursements for the fteal year.
XI It shall be the duty of the committee on law to examine and
report from time to time upon the penal legislation of the State, with
