Page:American Journal of Sociology Volume 9.djvu/359

 SUPER VISION AND CONTROL OF PENAL INSTITUTIONS 345

might be safely lodged with them. But is not the temptation too great from the possibility of political influence which such a power to discharge carries with it, for us to hope that it will be exercised always with the sole object of promoting the good of the prisoner?

What substitute would Judge Fort offer in place of the board of managers? He proposes practically what we have already seen is really the essential feature of the European methods; he would have erected and maintained a continuous body, with a judicial head (corresponding to a European "ministry of justice") and which he calls a

court of discharge, having judicial power of inquiry and action I

would not take from the managers their power of initiative as to release. I would require all applications for release, before expiration of term, to come through them, but, if they refused to permit an application for parole after a reasonable term of service that the court might consider it, I would give the prisoner the right of review and of a hearing before the discharge court. This court could be composed of a judge, designated by the governor, and of the several wardens of the penal institutions of the state, or a majority of them. The judge should be president of the court, and no prisoner, once discharged, should be remanded, except upon the order of the president of the discharge court, made upon verified facts, duly presented and filed as a matter of public record.

In this discussion Judge Fort has recognized the principal objections to the "indeterminate sentence," and has provided a practical working plan to meet the difficulties.

IV. CONCLUSIONS.

The resolution under which your committee was appointed asks us to give our "views and conclusions."

I. In relation to the correctional institutions which are directly recognized as under control of state officials as state penitentiaries, intermediate prisons, reformatories for young men, and reformatories for women it would be in accordance with modern tendencies if all these institutions were placed under the control of an administrative agency, which is itself subject to laws requiring modern civil-service regulations ; that is, laws which secure absolutely non-partisan appointments, suitable examination and probation tests, and security of tenure during effi- ciency. Without such conditions, and without an authorized