Secretary, Massachusetts Prison Association, and Member
State Parole Board
The legislation actually enacted during 1913 constituted but a
small part of the progress made in prison reform. A combination of
circumstances caused a reference to the next Legislature of many
measures which had the hearty approval of the leaders in both branches.
The reorganization of the prison commission, late in session, led to
the postponement. It was felt that the new board should pass definitely
upon the proposed legislation.
Governor Foss outlined in messages to the Legislature a program for
prison reform, the spirit of which is likely to be the basis of future
Legislation. The most important of his recommendations is that the
State assume the control and administration of all the county prisons,
on the ground that crime is against the State and not against counties,
and that the care of criminals is a function of the State. This would
make it possible to classify both prisons and prisoners.
If the prisons are to remain in the control of the State, he
recommended that all the long-term men be gathered in a few of them,
and that schools which should give both mental and manual training be
established, at the expense of and under the control of the State,
making the reformation of such men the definite purpose of imprisonment.
The State prison buildings are old, and the construction of a new
prison has been under consideration for several years. To the mind
of the Governor no steps in this direction should be taken until the
entire felon population of the State has been studied, with a view to
the construction of buildings which will provide for the classification
of such offenders, and the establishment of a system of grading and
separation of men who need different methods of treatment. This may
involve the use of the modern part of the present prison for the
worst men, and the construction of new buildings elsewhere, for other
classes, with ample facilities for outdoor work for those who can be
trusted. The Concord reformatory, built originally for a State prison,
and well adapted for it, could be used for the State prison. If that
should be done, it would be possible to have a new reformatory, built
to fit reformatory work. The buildings of the reformatory at Sherborn
are wholly unfit for such an institution, and the construction of
smaller buildings on the reformatory plan is one of the possibilities.
It is expected that the prison commission will report upon these
matters to the next Legislature.
Of completed legislation, the most important measure passed in
several years is the law establishing a board of parole. Heretofore
the prisoners in the State prison and the two reformatories have
been paroled by the prison commission. The work has been done in a
mechanical way, solely on the basis of the conduct of the prisoner,
his fitness to return to the community receiving little if any
consideration. Comparatively little attention was given to the
supervision on paroled prisoners, so long as they did not commit new
crimes.
The new parole board is required to see all prisoners who are to be
paroled, and is making fitness for free life the main consideration in
releasing. Its members are paid for their work and can therefore give
to it all the time needed. When the work is fully in hand, it will have
information covering the entire history of every prisoner, enabling
it to pass intelligently upon the case. The prison commission, which
has the supervision of paroled prisoners, is changing its methods, and
eventually will know the whereabouts and conduct of every individual.
The requirement that men shall become fit to be released is likely to
lead to changes in the prison system, as it is manifestly unfair to
require men to improve in confinement unless the State provides the
means for improvement, and makes that the first purpose in dealing with
them.
The treatment of criminal drunkenness has attracted much attention
recently. There is general dissatisfaction with present methods—short
sentences for punishment—and a feeling that “drunks” should be
separated from other offenders. On the recommendation of the Governor,
a commission was created to study the whole subject of drunkenness and
its present treatment.
In 1911 a law was passed, authorizing the establishment of departments
for “defective delinquents,” with a view to segregating those offenders
whose crimes were due to mental inferiority. No appropriation was
made however, and nothing could be done. The Governor recommended
the erection of buildings at the State farm, and at the reformatory
for women, but the Legislature, instead, authorized the Governor and
council to lease buildings for the purpose. Though the new jail at
Fall River, never opened, is not specified, it seems plain that the
intention was to use that. It is doubtful however if it will be found
suitable.
An important change was made in the law authorizing a suspension of
sentence in cases of minor offenders who have been sentenced to pay
fines. The old law permitted this, but many judges used the power in
comparatively few cases. The new law compels courts to put fine cases
on probation, giving the offender time to pay, unless it is believed
that he will default. It is expected that this will greatly reduce the
number of commitments for non-payment of fines.