- 108 In his budget message of 1965, he proposed a three pronged construction program for mental health, designed to construct smaller facilities, renovate old ones, and construct special service facilities for children. 6/ In a 1968 budget submission, he noted the increased use of community mental health facilities, and proposed more coordination between the communities and the State hospitals. 7/ In the same year, in a speech on mental health treatment, he reaffirmed his commitment to move "towards a system of therapy in small, active treatment units...." 8/ In 1969, he recommended legislation to provide low cost construction loans to encourage voluntary agencies to operate community mental health and retardation facilities. 9/ In his 1973 budget message to the State legislature, Governor Rockefeller emphasized that "State hospital programs are shifting to a balanced system which uses hospitalization selectively and places primary emphasis on linking state services to a variety of communitybased programs. 10/ 6/ 7/ 8/ 9/ 1965. Transmitting the Executive Budget and Recommended Appropriations for 1959-1960, State of New York - Executive Chamber. January 6, 1965, p. 65. --, 1968. Message Transmitting the Executive Budget and Rec- ----, 1968. Mental Health Treatment, at the Fifth Annual Legislative Assembly, New York State Association for Mental Health. January 16, 1968, p. 1276. 1969. Annual Message, State of New York Executive Chamber. January 8, 1969, p. 35. 10/ New York Times. January 17, 1973, p. 18. - 109 PRISON REFORM With the steadily rising crime rate of the 1960's, prison reform and the rehabilitation of the criminal offender emerged as an issue of increasing importance. This is evident in the record of New York Governor Nelson A. Rockefeller. For the first five years of his administration, 1959 through 1964, there was little activity of major significance in this area. However, beginning with Rockefeller's appointment of a Special Committee on Criminal Offenders in 1965, prison reform received consistantly greater attention, most markedly in the aftermath of the tragic inmate siege of the correctional facility at Attica in September 1971. When Governor Rockefeller appointed Paul D. McGinnis the Commissioner of Corrections ir. January 1959, he requested an immediate review of the Department of Corrections programs including an evaluation of present facilities, their suitability, and the educational instruction for inmates. In this survey, special attention was to be given to youthful offenders. 1/ Later that year, the Governor requested that the Commissioner institute a demonstration project in one institution for the rehabilitation of the physically disabled inmate as part of a program for the disabled citizen. 2/ The first prison reform legislation of note was approved by the Governor in 1962. This bill provided for the reduction of the maximum term of an indeterminate sentence by crediting prisoners with time off for good behavior and for meritorious achievement in treatment programs. In signing this "mandatory release" proposal Rockefeller said that it "... will aid in the rehabilitation of prisoners prior to their return to society and will assure parole supervision upon release. "3/ In his budget messages of 1963 and 1965, Governor Rockefeller asked for increasing allocations for the Department of Corrections for: improvements of institutional programs; the development of preparole classification and evaluation; assistance to localities for probation personnel and an increase in State parole personnel; an expansion of literacy programs in State prisons with additional staff for this purpose; and, for a pilot program of intensive rehabilitative casework with inmates. 4/ 1/ New York (State) Governor, 1959-1973 (Rockefeller) Public Papers of Nelson A. Rockefeller, fifty-third Governor of the State of New York. Albany, 1959, p. 785. 2/ Ibid., p. 125. 3/ Public Papers of Nelson A. Rockefeller, 1962, p. 462-463. 4/ Public Papers of Nelson A. Rockefeller, 1963. p. 68. - 110 The Governor's Special Committee on Criminal Offenders, a panel of seven State officials, was chosen in December 1965 to investigate ways of preventing first offenders from returning to crime. In naming the panel, Governor Rockefeller noted New York's 70 percent recidivism rate, and said: I look upon this Committee's work and its recommendations Rockefeller supported the work of this Committee as evident in his advocacy and approval of certain legislative measures based on its recommendations. As early as April 1966, the Committee proposed certain "immediate action projects" in a presentation before the Governor's Conference on Crime. These included a pilot residential treatment center based on the halfway house concept; work release programs; provision for the discretionary restoration of rights for first offenders; good behavior credit for prisoners transferred to mental institutions; and, the establishment of a pilot psychiatric and diagnostic clinic. 6/ All of these proposals except work release were enacted by the 1966 State legislature and approved by the Governor. 7/ In 1968, the Governor approved three bills relating to work release in county jails, county penitentiaries and the correctional system of New York City. 8/ A work release proposal for inmates of State correctional institutions was approved in 1969. In urging the passage of the latter legislation, Governor Rockefeller said: ... (the legislation) would permit the development of a program under which these inmates would be reintroduced into society for limited purposes under highly controlled circumstances, while continuing to reside in an institution. When implemented, the program should increase the likelihood of successful parole adjustment for those inmates who participate, since they will have had both outside work experience and some degree of exposure to parole supervision before release from the institution. 9/ 5/ Ibid., p. 1390. Governor Rockefeller's Conference on Crime, New York City, 7/ Public Papers of Nelson A. Rockefeller, 1966, p. 432-435. - 111 The Committee issued its report in June 1968 and, in general, its recommendations centered on a restructuring of the administration of correctional programs in the State. 10/ In his 1970 annual message to the Legislature, the Governor recommended legislation to implement some of the findings of the Committee including: the establishment of a new Department of Correctional Services to assume the responsibilities of the former Department of Corrections and the Division of Parole; the provision for more flexibility in adapting sentences to rehabilitation efforts; the promotion of stricter physical and administrative standards for county jails and penitentiaries; the establishment of State operated regional correctional and juvenile detention centers; and, the establishment of a prerelease community based facility for long term offenders. 11/ In the 1970 and 1971 sessions of the legislature, the Governor approved such enacted legislation. 12/ In addition to these measures of the late sixties and early seventies, Governor Rockefeller supported other corrections projects. In 1967, a half million dollar State allocation was provided for Project DEVELOP, a pilot project geared to improve educational and vocational opportunities for parolees in New York City. 13/ The Governor supported a bill in 1970 to establish a training program for local correctional personnel, 14/ and later proposed a State Correctional Services Academy for state corrections personnel. 15/ The Governor also announced plans for a joint Federal-State rehabilitation program to broaden job opportunities for Federal prisoners, parolees and probationers who were New York residents. 16/ In his budget message of 1971, Governor ་་ Rockefeller recommended a $2.2 million appropriation to improve 10 New York (State) Governor's Special Committee on Criminal Offenders. Preliminary Report. New York, June 1968, p. 1-328. 11/ Public Papers of Nelson A. Rockefeller, 1970, p. 29-30. 12/ Ibid., p. 544-547. Also see Public Papers of Nelson A. Rockefeller, 1971, p. 564. 13/ Public Papers of Nelson A. Rockefeller, 1967, p. 1072-1074. 14 Public Papers of Nelson A. Rockefeller, 1970, p. 583. 15/ Public Papers of Nelson A. Rockefeller, 1971, p. 51. 16 Public Papers of Nelson A. Rockefeller, 1969, p. 1277-1278. 17/ Public Papers of Nelson A. Rockefeller, 1971, p. 97. - 112 were subject to considerable controversy, and are examined in detail in another Congressional Researc Service report. In light of the events of Attica, prison reform was given more intense and immediate priority in the Governor's program. Rockefeller appointed three separate groups to investigate different aspects of the Attica uprising. Deputy Attorney Robert A. Fischer was chosen to lead a criminal investigation. Presiding Justice Harry D. Goldman was named to choose a "distinguished panel of impartial visitors" to see that the constitutional rights of the prisoners involved were protected. 18/ The Governor asked Chief Judge Stanley H. Fuld of the Court of Appeals of New York and four other justices to appoint a citizen's panel to investigate all aspects of the uprising (except criminal liabilities). These appointments were made in late September 1971 and this "Special Commission on Attica" was led by Dean Robert McKay of the New York University Law School. 19/ To insure the "objectivity and fairness of the entire Attica investigation," the Governor also asked the U.S. Attorney General to have the Civil Rights Division of the Justice Department investigate charges by inmates at Attica. 20/ A more tangible action by Governor Rockefeller after Attica was the relase of $4 million in State emergency funds for correctional operations in the State and for the support of the various investigative units. 21/ In addition, Governor Rockefeller and State legislative leaders announced the formation of a Select Committee on Correctional Institutions and Programs to recommend improvements in the "total correctional process," identify problems and set priorities. 22/ This Committee issued five reports, the recommendations of which were to become the basis for subsequent administrative and legislative actions supported by the Governor. 187 Rockefeller Asks Panel on Inmates. New York Times, Sept. 15, 1971: 1, 32. 19/ Judges Appoint 9 to Study Uprising at Attica Prison. New York Times, Oct. 1, 1971: 1, 45. 20/ Governor Asks U.S. Study of Attica Inmates' Charges. New York Times, Oct. 7, 1971: 1, 54. 21/ Public Papers of Nelson A. Rockefeller, 1971. p. 1528. 22/ New York (State) Legislature. Select Committee on Correctional Institutions and Programs. Report No. 1. Albany, Jan. 24, 1972, p. 1. |