By Warren F. Spalding

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.