The Committee to consider the expediency of applying to the Legislature for a graduated diminution of sentences, dependent upon the continued good conduct of prisoners, having conferred together, and being favorably impressed with the advantages likely to arise from the adoption of the plan, concluded to ask a conference with the Inspectors of the Eastern Penitentiary.
Their application to the Board was referred to the Visiting Inspectors, and an interview was accordingly had with them, at which your Committee received sufficient encouragement to induce them to give the subject further consideration.
At a subsequent meeting of your Committee, it was agreed that a Report should be prepared in favor of an application to the Legislature; and also a schedule of such apportionment of the time proposed to be deducted, as might appear suitable. It was also agreed to prepare a memorial for the consideration of the Acting Committee, addressed to the Legislature, asking for a modification of the law in that particular; and setting forth that several other States have adopted the principle, and that in practice it appears to be cordially approved by those who have administered the several laws under these provisions. Both of which documents are herewith submitted.
The Committee have herein embodied a summary, showing the different States which have enacted a law upon the subject, with their respective gradations, with other information relating thereto: viz., in Massachusetts, the law says: For less than three years’ sentence, one day in each month may be deducted
for good conduct. For sentences, from three to ten years, two days in each month; and for ten years and over, five days. The Inspectors now propose to increase the time, and that for less than three years, one day in each month; three to seven years, two days; seven to ten years, four days; ten years and over, five days. They say, as an aid to discipline, it is of great value; affecting some, who are insensible to other motives; and is a strong inducement to good behavior. The Warden fully indorses this, and says, another year’s experience confirms it.
Michigan says: For the first year, one day in each month; for the second year, two days; and after that, four days in each month. For a willful violation of the rules, Inspectors have the power to deprive of any or of all the time gained. The Inspectors have recently recommended to the Legislature, that it should be made four days in the month, from the beginning. The Warden commends this as a wise measure. He says the law works first rate, and there is but little punishment.
Wisconsin says: At the end of each month, the Commissioner shall give to each prisoner who has conducted well, a certificate, diminishing his term, not exceeding five days in each month. All certificates to remain on file, subject to being annulled for subsequent misconduct. A certificate of good conduct, at the expiration of sentence, restores to citizenship. The Warden recommends, that, after good conduct for two years, ten or fifteen, or even twenty days, for long sentences, might be deducted from each month.
In Iowa, the law says: For the first month, one day shall be diminished for good conduct; at the end of the second month, two days additional; third month, three days; and for the fourth month, four days; and four days for each subsequent month of such continued good behavior.
In Ohio, the law of 1856 says: For the first month, one day shall be deducted for good conduct; for the second, two days; for the third, three days; for the fourth, four days; and for the remainder of his term, four days in each month. After three years’ experience, viz., in 1859, the law was further
modified, increasing the number to five days in each month. It is, however, provided, that the Directors may diminish the time gained, either in whole or in part, for willful violation of the rules. If their conduct be uniformly good, they shall be entitled, at the expiration of their time, to receive a certificate from the Warden, on presentation of which to the Governor, they shall be restored to all the rights of citizenship.