The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1897-12-15
PRISON REFORM.
Director DevIin Files a Supple
mental Report.
POINTS ON WHICH HE DIFFERS.
He Is Opposed to the IndetermInate
Sentence System and the Parole Law
Applied TO Higher Grimes.

Sacramento.-PrisOnD Director Robert
I. Devlin has fled with Governor Budd
report supplemental to the biennial
report recently filed by the State Board
of Prison Directors, in which he takes
issue with certain accommodations
made therein. Deylin's report is IN
substance as follows:
agree with the report signed bv the
majority Of the State Board of Prison
Directors in its many details, but there
are few matters in which beg to
differ, and, therefore, file this supple
mental report.
First believe that the application
of the indeterminate sentence system
to the prisons of California would be
disastrous. Under this system persons
are not sentenced for any fixed term.
but sentenced simply to the prison
there to remain until the Board of Di-
rectors deem them sufficiently reformed
to allow their discharge. Such a sys-
tenn, IN my judgment, is only capable OF.
application with anything like success
to a separate institution in which
Offenders only under a certain age are
committed. In New York and Penn
sylvania, and possibly in one of two
other states, refOrmatories have been
established, which are intermediate
between the prison and. the reform
school, to which persons under fixed
age, generally 80. are sent, and who.
after being subjected to a course of dis
cipline and training, are, if in the
Judgment OF the manager or Board of
Directors, it q deemed proper, given
their release.
Even an institution OF this character,
with such system, under our form oil
government, would be open to many
grave objections. Those who NAV be
placed in charge of such an institution
having such a system will require a
peculiar kind of talent and experience.
which it would be difficult, if not i'm
possible, to obtain in California.
Even II such talent and experience
could be obtained, those in authority,
would constantly be subjected to politi-
cal pressure to allow the release Of per-
sons who were not entitled to it. No
one, so far as | know, has ever before
seriously suggested the application of.
this system to the State prisons.
Even its most fervent advocates only.
claim it to be advantageous when APP
piled to persons who have not vet
formed fixed habits, and whose advent
INTO crime has been caused chiefly by
their bad associations.
If, however, the State believes that
1t can stand the expense, would sup.
gest that the indeterminate sentence
system applied to persons under %
years OF age would be productive of
good results, but l also wish to add
that think it would be impracticable
to apply it to the State prisons.
Second-The parole law, in myi
Judgment, should be amended so as to
exclude from its operation persons con-
yicted OF arson, forgery, rape, or any
degree Of homicide, and possibly some
other offenses should also be excluded
from the operation of this law. Offenses
that show generalization and mali.
clous heart should certainly be ex-
cluded, and in cases of crimes of vio-
lence society has right to fix an arbi- |
trary punishment for the purpose of
preserving peace and order. A
Three-Another suggestion, it.
seems to me, that should be made for
the consideration of The Legislature, is
a law providing that a person who has
been thrice convicted OF felony should
be deemed to be a habitual criminal
and confined for the term of his nat
ural life. 1t is fair to assume that
person who has been convicted three
times OF felony is a confirmed crimi-
nal, and either has no desire to reform
or is incapable of reformation.
Fourth-The question of utilizing
the two State prisons at Folsom and
san Quentin so as to confine in one the
hardened class of criminals and in the
other those for whose reformation some
hope may be entertained, is worthy of
careful consideration. This could be
lone at comparatively trifing expense
by authorizing the wardens to select
rom the aggregate number OF prisoners
low confined in our prisons those whom
is deemed belong to the class of hard
med criminals; but such classified.
ion would probably have some effect
lpon our industries, and reorganiza-
ion OF our prison industrial system
night have to be made as result of
UGH Classification. The effect of such
Justification and segregation would
'e to prevent the association OF
outhful criminals with those who
ave become stepped in crime.