minded where they have a settlement-a rather undesirable feature. FeebleThe law provides for the discharge of a pupil by the vote of three and of the trustees, or by a justice of the Superior or Supreme epileptic Court, whenever further detention at the school is thought unnecessary; but strangely, "any person so discharged who is under sentence of imprisonment at the time of his commitment, the period of which shall not have expired, shall be remanded to prison." But why should a feeble-minded child be under sentence of imprisonment; and if feeble-minded, why should he be remanded to prison? Evidently the institution created is to be distinctively of an educational character. While the act does not go very far in providing for the feeble-minded, and makes no apparent attempt at relieving the county almshouses and asylums of their adult or custodial cases, yet it is a step in the right direction and must ultimately lead to a better and broader policy. In New Jersey, an act was passed in 1901 [ch.94] "to establish a village for epileptics." This law repeals previous laws ['99 ch.152; '00 ch.129] in relation to the village and is practically a revision. A board of managers arranged on a nonpartizan basis is wisely provided. The system of maintenance is on the mixed plan, one third of the expense devolving upon the state and two thirds upon the counties. By this system the counties must retain a local interest in their patients at the village. The New Jersey law differs advantageously from the New York law in that patients appear to be admitted to the village irrespective of class distinctions; the well to do and middle classes are not pushed aside to favor the pauper and indigent. The ban of indigency should not necessarily be required of the former classes in order that admission may be gained to institutions provided by the state. The law also provides for the judicial commitment of indigent epileptics, and empowers the managers to hold and detain any patient so committed, if thought desirable. This seems to be quite an important provision of the law. In what way the village plan differs from the colony plan does not appear. Presumably, however, the acreage plant is to be less extensive and the buildings more concentrated. Penal institutions The state of North Dakota has a constitutional provision providing for the establishment of an institution for the feebleminded in connection with the hospital for the insane at Jamestown. The Legislature of 1901 passed a resolution to amend the constitution for the purpose of locating an institution for feeble-minded at Grafton. This resolution must be referred to the next Legislature, and, upon approval, then to the people at the next election, for adoption or rejection. Presupposing its adoption by the people, an act ['01 ch.36] also passed the Legislature authorizing the governor to appoint a board of trustees to procure plans and erect buildings for an institution for feebleminded at Grafton. The purpose seems to be to remove the feeble-minded from the hospital for the insane. There being little in common in the care and treatment of the two classes except their custody, the movement undertaken in this state for the feeble-minded is certainly commendable. In Indiana the law ['89 ch.73] regarding admissions to the institution for the feeble-minded placed the age limit at 16 at the time of application. In 1901 this law was amended ['01 ch. 96], extending the age limit in the case of women to 45. This amendment also appropriates $40,000 to provide permanent custodial care for all feeble-minded female imbeciles in the state under the childbearing age. The purpose of the law is in the line of the prevention of feeble-mindedness and a more worthy one could not have been enacted. PENAL INSTITUTIONS1 GEORGE MCLAUGHLIN M.A. SECRETARY NEW YORK STATE COMMISSION OF PRISONS The trend of legislation relating to penal institutions in the United States during 1901 was toward the centralization of control, the substitution of reformatories for prisons and a more extended use of probation, indeterminate sentence and parole. Administration. Several of the states enacted laws during the year affecting the administration of prisons. This legislation tended in almost every instance to the centralization of control in state boards. See also Comparative Summary and Index, 1901, no. 4148-253. stitutions Minnesota ['01 ch.122] created a new board of control for Penal instate institutions, giving it all authority over the state charitable and correctional institutions. These include the state prison, the state reformatory, the state training schools for boys and girls, the hospitals for the insane, and the institutions for defectives, except the schools for the deaf and blind. This board also has financial control of the state university and the state normal schools. It supersedes the various executive boards which have hitherto managed these institutions, and displaces the State Board of Charities and Correction. It consists of 3 members, appointed by the governor for a term of 6 years each, with a salary of $3500 and expenses. This law is modeled after the Wisconsin law of 1881, as amended in 1891, and is in its general features like the laws of Iowa and Kansas, putting state institutions under state boards of control. Washington ['01 ch.119] revised its law of 1897 [ch.108] creating a bipartizan state board of control, consisting of 3 members, appointed for 6 years, with a salary of $2000 each and expenses, and having full control of the hospitals for the insane, the state penitentiary, the reform school, the soldiers home. and the state school for defective youth. The board appoints the superintendent of each institution, fixes the salaries of the employees and purchases supplies. In Massachusetts ['01 ch.364] a new board of prison commissioners was established, superseding the former commissioners. This board consists of 5 persons, 2 of whom shall be women. They are appointed by the governor for a term of 5 years. The chairman has a salary of $4000; the others serve without compensation. In New York ['01 ch. 12] the law establishing a State Commission of Prisons was amended, legislating out of office the 8 commissioners then in office, and authorizing the governor to appoint a state commission of prisons of 3, for a term of 4 years; the salary of the president to be $2500; the others to serve without compensation. Rhode Island ['01 ch. 809 §50] provided for an advisory board of visitors to female penal and correctional institutions, to be appointed by the governor and senate. Penal institutions Reformatories. A new reformatory at Rahway N. J. was opened in August. This is a state institution for the confinement of young men between the ages of 16 and 30 convicted of a first offense. It is modeled on the lines of the Elmira reformatory in New York and the Concord in Massachusetts. The board of control is bipartizan [N. J. '01 ch.104] and consists of the governor and 8 appointees confirmed by the senate. Commitments are made to the institution on an indeterminate sentence, and paroles are granted for efficiency and good conduct. Kansas ['01 ch.355] also established a state industrial reformatory, with a board of managers consisting of 3 members, appointed by the governor for a term of 4 years. The act also provides for commitments to this institution and the parole of prisoners therefrom, and also their discharge. Prisoners discharged from this reformatory are restored to civil rights and released from disabilities created by conviction. In Massachusetts the prison commissioners were authorized to remove any convict sentenced to state prison, except a life prisoner, to a state reformatory ['01 ch. 340]; and also to transfer boys from any reform school to the state reformatory and return them ['01 ch.128]. Illinois ['01 p.67] provided for the establishment and maintenance of a state home for delinquent boys. Wisconsin ['01 ch.289] authorized the purchase of an additional 150 acres of land for the use of her state reformatory. Georgia ['00 p.77] changed the name of her reformatory prison to "Industrial farm," and gave to the trial judges discretion to sentence either to this farm or the chain gang. Two additional state reformatories were opened in New York state, one for males between the ages of 16 and 30 at Napanoch, and the other for females between the ages of 15 and 30 at Bedford. The former is under the supervision of the superintendent of state prisons; the latter under a board of managers. The board of managers of the New York state reformatory at Elmira were given enlarged powers in relation to the appointment and discharge of reformatory officials ['01 ch.193]. Indeterminate sentence and parole. Very decided progress was made during the year in the use of the indeterminate sentence and parole. In some states legislation has been enacted; in stitutions others the wisdom of such legislation has received serious con- Penal insideration. The lawmakers in many of the states are accepting the doctrine that parole should precede final discharge. Formerly paroles were only granted from reformatories. In a number of states they are now granted from prisons and penitentiaries also. During the past year Connecticut ['01 ch.78] provided for indeterminate sentences for prisoners sentenced to state prisons, except for life, the courts to fix the maximum and minimum terms. After serving the minimum term the prisoner may be paroled and finally discharged for good behavior. This statute further provides that a person who has before been sentenced to state prison or a penitentiary shall receive a maximum sentence of 30 years. The prison directors and the warden shall constitute the board of parole. It is made the duty of such board and of the Connecticut prison association to aid paroled and discharged convicts to find employment. New York enacted a new parole law applicable to state prisons. This law ['01 ch.260] provides that every person now confined in a state prison or the Eastern New York reformatory, under sentence for a first conviction for a felony, the maximum penalty for which is imprisonment for five years or less, may be paroled at any time after the expiration of one third of the definite term of his sentence. The new parole law of this state also provides that hereafter, when a person is convicted for the first time for a felony, the maximum penalty for which is imprisonment for five years or less, and sentenced to a state prison, he shall be sentenced under an indeterminate sentence, the minimum of which shall not be less than one year [N. Y. '01 ch.425]. At any time after the expiration of the minimum sentence he may be paroled. The members of the State Commission of Prisons are constituted a Board of Commissioners for Paroled Prisoners. New Hampshire ['01 ch.58] enacted an indeterminate sentence law applicable to all prisoners sentenced to state prison, except those sentenced, for life or as habitual criminals, the courts to fix a maximum and minimum term. At the expiration of the minimum term the governor and council are authorized to release for good behavior. |