The morning call., 1890-05-08
A REFORM PRISON.
The Grand Jury Criticizes the
House of Correction.
1t Does Not Fulfill the Original Purposes
Some Of the Defects Pointed Out
and Remedies Suggested.


| Grand Jury, after several hours delibera-
| tion, appeared before Presiding Judge
Murphy of the Superior Court and pre-
sented the following partial report, relating
exclusively to the present condition of the
House OF Correction, in which its defects
| and needs are set forth in detail:
To Hon. D. J. Murphy. Presiding Judge Of the
superior Court, IN and for the City and County
| Of san Francisco: The Grand jury Of the city
and county OF San Francisco respectfully pre-
sents the following partial report, showing the
result OF It's Investigation OF The condition and
management OF the House OF Correction:
Before stating the result OF our investigation
OF this institution, we desire TO Call attention to
the fact that the House Of Correction was
tablshed by law as reformatory Institution,
10 which Offenders whom there might be rea-
sonablo prospect Of reforming aud restoring to
society might be sent, instead of subiectlng
Them 10 tile communicating Influences of contact
with the more hardened inmates Of the State
Prisons.
provides: Z" No person shall be sentenced to i'm
| prlsoument in the House OF Correction for
shorter or longer term than that for which he
might be sentenced in the County jail or In the
State Prison, and In no case whatever for q
| shorter term than three months nor for a longer
term than three years. No person who might be
sentenced to imprisonment in the State Prison
shall be sentenced 10 Imprisonment In Tie House
of Correction, If he is more Than 20 years OF age
II he has been once before convicted OF a felony
or twice before convicted of petty larceny, nor
unless IN the opinion of the Court. Imprisonment
interest than Imprisonment in the State Prison.
and equally for the inIerest.o of the public. The
TACT OF previous conviction may be found by
the court upon evidence introduced at the time
OF sentence"
HEAVY INCREASE.
On April 25th last, on which day the House OF
Corleetiqn @ was last visited oy members OF s tbs
prisoners. The records OF the prison show that
four years ago the average number OF prisoners
was less than 200 Since that time there has
been steady ana heavy increase, the number Of
prisoners at one time during the last year having
been as high as $50, and seldom less than the
present number, $50.
The same records show that at the time OF our
VISIT, out OF 80 prisoners sentenced for felony,
ly being 40, 40, So, A, "a, 3s, rs, SO. 4S, 2S,
81 aud 26. The record OF one Of tue prisoners,
Dan Dan Mahoney. aged 26, shows that he has been
70 times IN lall-tWIce in the Industrial School,
10 times In The City Prison, times lu the County
JAN Jal 4 times IN the House OF Correction, once In
the State Prison at San Quentin and once in the
County Jail OF Placer County.
The same records show that out of &c pris-
oners serving sentences for petty larceny, Al
had records OF Two previous commitments, Is
of three previous commitments, 6 OF four pre-
yious commitments aud 2 OF five previous COM
vious commitments recorded against their
names Is were over 25 years of age, and OF
these, II we're over 80, 6 over 45 and 3 over 90
years OF age. OF the 13 prisoners with three
previous commitments, were over 20, and OF
these, 6 were over 80, were over 45, and 3
over 90. Oi the prisoners with four previous
commitments were 10 years OF age; the ages
OF tue other were respectively 40 40, 60 and
60 years. The ages OF prisoners with five pre-
yious commitments were respectively SO and 10
years.
DIVERTED FROM ITS PURPOSE.
These records, 1t should be understood. take
account only OF previous commitments to the
House of Correction and not of commitments TO
other penal Institutions, and they take ac-
count of previous commitments OF The same pris-
oners under other names, although there Is good
reason 10 believe that many OF the prisoners re-
ferred TO have been convicted under other aliases,
which convictions do not appear in the records
here given.
II is apparent to this Grand Jury that the
House OF Correction has been diverted from its
original purpose, which was that Of an institu-
tion Tor the reformation Of youthful offenders,
and that 1t has become To very great extent
place for the incarceration and punishment OF
habltual criminals.
Ihe responsibility for this, we are OF opinion,
must be divided between the courts and the de-
ton of offenders
Under section 400 of the Penal Code petty lar
ceny Is misdemeanOr. but by section 667 sub
sequent conviction raises the crime 10 the higher
grade OF felony. 1t Is evident that IL the prov-
slous OF this law and OF the law relating 10 the
House OF Correction were strictly followed many
prisoners who are now confined In that institu-
tion would be serving sentences in the State
Prison 1t seems, however, that practice has
grown up IN The Police Courts and IN the depart
menis OF the Superior Courts TO which criminal
business is assigned, under which practice The
prosecuting officers, with the consent of the
courts, waive" the prior convictions In iudlct-
nents and infOrmdlions as an iuducement to de-
PENDANTS TO plead gully OF the oftense with which
they are charged, and i'll some OF minor
charges. frequently. toO the law officers charged
with the prosecution OF offenders haVs no iDfor-
nation on the subject OF prior convictions, The
Police Department Withholding that charge as
an inducenent TO tile persons arrested TO give
information which may lead 10 the conviction Of
other Offenders.
USEFULNESS OF THE HOUSE.
The argument in favor OF this practice Is that
II nsures the punishment of offenders ana saves
the county tie expense OF trial. The obiec.
tons IL. however. tWO-fOd The
ness of the House of Correction as possible
means of recaimlng offenders who not be-
yOnd The hope of lefOrmatIOn Is destroyed by
sendng The novice in crime and the han dened
criminal 10 ningle together, and burden is i'm
posed on the taxpayers Of this city ana county
which ought to be borne by the Stale at large.
We do not of1er this as a condemnation Of the
present administration Of any OF the departments
referred TO. The practice Mere criticized seems
TO have had the sanction OF years OF precedents
established and followed IN the belief that The
best interests Of the people were being served;
but we think IL question worthy of serious
consideration whether anything Is gained by
saving the city aud county the expense OF a trial
OF the cost OF maintaining and guarding prison.
ers, who, under the plain provisions Of the law,
ought to be In the State Prison and not In the
House OF Correction, which Is maintained wholly
by the taxpayers of this city.
The Internal affairs OF the House OF Correction
are well managed under the administration OF
the present Superintendent. The prison is well
Kept, the cells are scrupulously clean, and the
prisoners are properly fed aud clothed, but the
for the maintenance OF the prison for the present
fiscal year has proved utterly inadequate. The
appropriation for the current fiscal year was
S42 900. allowing a monthly expenditure OF
S35S3 33 under the One-twelfth Act This
amount is insufficient TO pay merely the salaries
OF officers and the cost of maintaining The In
mates
EXCEEDED THE APPROPRIATION.
The city has q contract under which the con-
tractors furnish all supplies for the inmates OF
the House of Correction, according to a carefully
prepared schedule of ratiOns, at the rate OF 2l1a
cents a day for each Inmate Tie accounts for
the last three months of the present calendar
year show the following expenditures for sal
aries aud rationS:
january sadrieS l425 %
JANUARY fdtons 1884 81
-SSSl9 "a
This is an excess of S236 oil over the total
monthly appropriation.l
repfuary rationS. ....-.-...s............. 2iol Of
lotdI. .SSo76 b7
This is within 81 "a OF The total monthly ap-
propriatiou. The reduced cost of maintenance
Is explained by the fact that February is a short
month";
nitrcn W
Marcn rAliohS, 24oO OO
1otdl- SoSSo w
This is 1902 SO in excess OF the total monthly
appropriations