Logically, we cannot avoid the conclusion that the State ought to assume the care of all offenders. The laws are made by the State, and the indictments charge the accused with offences against the “peace and dignity of the Commonwealth,” not against the peace and dignity of the county, municipality or borough. The conclusion is inevitable that the Commonwealth should assume the responsibility for the protection of the community from both felons and misdemeanants. And since such an arrangement as has been proposed will result in reduced taxation, uniformity of management and in greater facilities for the education and reformation of the delinquent, we feel that the establishment of State industrial farms to receive the delinquents now committed to the county prisons should receive your favorable consideration.
The bill submitted to carry this recommendation into effect omits the counties of Philadelphia and Allegheny from its operation. Allegheny County already has a prison farm which in many ways may be considered a model of its kind. Philadelphia has a farm in connection with the House of Correction which furnishes employment to many prisoners and supplies much produce for the institution. We recommend that at some early date the City of Philadelphia may, by the purchase of more land, extend the advantages of a penal farm to its convict prison and in some way combine under one management the entire penal system of the municipality.
The fee system, whereby the sheriff or warden receives a stipulated sum each day for the board of prisoners, is so liable to abuse that we submit a proposition to abolish the practice in all our prisons. Whenever the profits from boarding the prisoners is a part of the remuneration of the officer in charge, the tendency is doubtless to exploit the prisoners, or to reduce to a minimum the supply of food, in order to derive the greater profit.
In 1915 a comprehensive study of the cost of boarding the prisoners in the largest 25 counties of the Commonwealth indicated that the average daily cost of food per prisoner in the 15 prisons where the food was purchased on the contract system was 12 cents, and in the 10 counties where the fee system was in vogue 33.7 cents, the difference in favor of the contract system being 21.7 cents per day for each prisoner.
We estimate that in these 10 counties alone the saving to the taxpayers by the adoption of the contract system will be at least $50,000 annually. The economy of the proposition is evident, making due allowance for providing in some counties additional compensation for the official in charge of the prison. In all cases where a change has been made from the fee system to the contract system, the food has improved in character, thus tending to the betterment of the health and morale of the inmates.
Moved by these considerations, the General Assembly in 1909 provided that in all counties having a population of 150,000 or more, the food for the prisoners must be purchased by contract. We are now proposing to extend this principle to all the counties of the Commonwealth, with the understanding that no such change is to take place during the incumbency of the officials who are at the present time in charge of the prisons.
VI.
Probation and Parole.
(a) Under the law of May 10, 1909, the several courts of criminal jurisdiction are invested with the power of suspending sentence on certain classes of convicted offenders and of placing such offenders on probation instead of committing them for definite or indeterminate periods of imprisonment. Probation officers, charged with the duty of supervising the behavior of such probationers, are appointed by the judges to serve in their respective counties. In this Commonwealth, as in many others, experience has demonstrated that there is little uniformity in the practice of the courts in suspending sentence or of the probation officers in exercising their powers.
Conceived as a mere incident of the sentencing power, to be exercised only in exceptional cases, the suspended sentence and probation are beginning to disclose themselves as a momentous, not to say revolutionary step in the progress of penology, not less important in its ultimate consequences than the substitution a century ago of imprisonment for the death penalty and other forms of physical punishment. Like the older forms of punishment which it superseded, imprisonment too has proved a failure, so far at least, as the newer aim of punishment, the reformation of the wrong-doer is concerned. And we are coming to see that the protection which society enjoys through the imprisonment for a few months or years of a small proportion of the criminal class is dearly purchased by a system which returns the offender to society less fitted than before to cope with the conditions of a life of freedom. More and more, as we develop a probation service worthy of the name, will the courts be reluctant to commit men, women and children to the demoralizing associations and discipline of institutional life and will give them their chance to redeem themselves under competent guidance and supervision among the associations and activities of everyday life.
Even under existing conditions it is safe to say that far too many adult and youthful offenders convicted of criminal offences are committed to prison and far too many delinquent children to reformatories and other correctional institutions. Your Commission believes that the suspended sentence should be more liberally employed by the courts of the Commonwealth under strict conditions requiring a life of useful industry under careful supervision; that children under 12 years of age should never be committed to penal or correctional institutions but rather, where institutional care is deemed necessary, to parental schools such as have been established in other States as a part of the regular educational system; and that children of larger growth, say from 12 to 16, should, wherever possible, be placed on probation or put under private guardianship.