The payment of money fines on installments was a new department in the administration of justice. The old method of collecting money fines which compelled the defendant to pay or replevy the same the moment he was fined was always a source of great hardship on the poor. It was unreasonable to expect a common laborer arrested late at night, and convicted in the morning, to be prepared to settle with the State. If he was unable to pay or make arrangements to have his fine staid for the statutory period, he was sent to prison, not because the court had given him a term of imprisonment, but because he was poor, which is in effect imprisonment for debt. The pitiable scenes of wives and mothers and sobbing children crowding the corridors of the court, pleading for the release of a husband or father, against whom a money fine had been assessed and who was utterly without money to stay or pay the same, was a powerful argument in favor of a plan that would relieve such a deplorable situation.
The power to parole a misdemeanant carried with it the power to direct him to pay into the probation department a dollar a week toward the satisfaction of a fine and costs to be assessed against him when the final payment was made.
Such a plan as this requires no legislative action and could be introduced into any court where the judge has such powers as are granted the courts of Indiana.
In city courts, defendants may be divided into three classes:—Those who can pay the fines assessed against them; those who would pay if they had a chance; and those who wouldn’t pay if they could and couldn’t if they would. The middle class represents very largely mechanics, clerks and laborers, in no sense criminals, but who for some breach of the peace are brought into court and who are generally of a deserving character. It is to this class that the work has been directed. A money fine is their punishment, but instead of imprisoning them, they were paroled with instructions to pay into the probation department each week one dollar or as much as could be spared from the family treasury, until the amount indicated by the court is paid in full. During the four years that this plan was in operation these probationers paid into the court $34,014.
Out of 3832 persons placed on probation to pay fines, 3220 paid their fines and costs in full, while 102 were given credit for partial payments and committed to serve out the balance. However, 205 were unable to pay anything and were committed to the jail or workhouse. In 152 cases, the circumstances of the families were such that the court felt justified in withholding judgment rather than committing the defendants. Out of the entire number placed on probation, 143 did not live up to their agreement with the court, and re-arrests were ordered in each of those cases.
The plan operated to the benefit of the individual in several ways. It saved him his employment; it saved his family from humiliation and disgrace; better than all, it saved his self-respect.
3. Drunkenness and the Pledge System.
No unfortunates appeal more strongly to the court than the victims of the liquor habit. In all cases of first offenders charged with being drunk, and where the defendant had others dependent upon him for support, the court made it a condition on withholding judgment or suspending the sentence that the defendant take the pledge for a period varying from six months to one year. Three hundred and eighty-two pledges were taken, all of which were kept faithfully but 27.
When the family or relatives could afford it, persons were sent to institutions for treatment, and the records show but one failure. Where the financial condition of the defendant was such that he could not pay for the treatment, arrangements were made for the payment of the money into the probation department in weekly installments, thus assuring the defendant the benefit of the treatment and the institution the satisfaction of its debt. With the assistance of W. H. Roll, a volunteer probation officer, supervision was successfully provided for 136 men charged with drunkenness who had reached the down-and-out stage. Without friends or relatives, and in many instances unemployed, these men were drifting into a condition where they would soon become public charges. The reports furnished the court show that this timely help and assistance was the means of saving these men to useful citizenship.
In the severe cases, where the defendant was bordering on delirium tremens, he was committed to the workhouse and the superintendent informed of his condition. While there were no special arrangements for the treatment of inebriates at the workhouse, the superintendent successfully provided a separate department in the wing formerly used as the woman’s prison. These cases were thoroughly examined by the physician in charge, and such medical and special attention was given to them as the circumstances seemed to justify. While these facilities were inadequate, yet a splendid work was done among this class of unfortunate and harmless offenders.