CRS-27

detail about his knowledge concerning the attack force. When asked whether any consideration was given to use the National Guard he said they were only viewed as support troops, and that the State Police were traditionally the action group for trouble in the State. When asked whether he had been briefed on the assault plans he said that he felt that this was an area for the professionals and that, "...the best thing a well intentioned civilian political personality can do is not try and impose his judgment on professional 1184/ matters but to pick good people and back them up. He also reiterated his confidence in the State Police in consideration of their handling of the Rochester riots.85/

After an extensive investigation, the report of the New York State Special Commission on Attica was released, one year to the day after the Among its views was a reflection on the role of Governor Rockefeller during the rebellion:

assault.

The Commission can readily understand why the
Governor was unwilling to go to Attica prior to
Commissioner Oswald's request on Sunday evening.
The Governor's presence could have undermined
Oswald's authority in dealing with the observers
and inmates. But when the Governor refused Oswald's
request that he come, he was spurning the recommenda-
tions of the man on whom he had relied to bring about
a peaceful resolution, and departing from his usual
policy of giving full support to his appointee.

In summary,
the Commission believes that the
Governor should have gone to Attica, not as a
matter of duress or because the inmates demanded
his presence, but because his responsibilities
as the state's chief executive made it appropriate
that he be present at the scene of the critical
decision involving great risk of loss of life,
after Commissioner Oswald had requested him to
come.86/

CRS-28

The Commission additionally supported the view that unconditional amnesty was not within the Governor's power, Even if he had that power, it should not have been granted because it would excuse some of the acts of violence that took place during the uprising. It did point out, however, that some concessions on amnesty could possibly have been worked out.87/

After the release of the Commission report, the Governor showed no discernable change in his defense of his actions. The only alteration he did make in his views after reading the report was to say that "in retrospect" he would have ordered an immediate assault based on the conclusion of the

Commission that it might have saved some lives. 88/

prison refrom should be given more attention by the State of New York. Immediately after the incident, $4 million in State emergency funds were released for correctional operations in the State and for the support of the various investigative units. The recommendations of a State legislature Select Committee on Correctional Institutions and Programs were included in a "package" for prison reform that Rockefeller submitted to the legislature in 1972 and was subsequently passed. These proposals included a $12 million increase in appropriations for the improvement of services and staffs in institutions; the creation of a prisoner furlough program; and the correction of some inequities in parole. The Governor also supported other legislative action to improve the inspection apparatus for institutions and to diversify the inmate population by offering a greater variety of security options in State institutions.89/ For examples of certain administrative changes in New York's Department of Correctional Services, see the appendix.

CRS-29

In tracing Governor Rockefeller's position during the Attica uprising two recurrent themes are apparent. The first is that he supported the decisions made at Attica because of his feeling that those persons he appoints in various areas of expertise should have his "fullest support and backing." Second, that the turning point at Attica came when the demands

of the prisoners transcended prison reforms and crossed into the arena of politics.

1.

CRS-30

NOTES

New York State Special Commission on Attica. Attica: The Official
Report of the New York State Special Commission on Attica. New
York, Bantam Books, 1972, p. xii.

For a more detailed description of conditions at Attica 16 through 20; and Chapter 2.

5.

U.S. Congress. House. Select Committee on Crime. Reform of Our
Correctional Systems: A Report by the Select Committee on Crime
(created by H. Res. 256). 93d Congress, 1st session.
U.S. Govt. Print. Off., 1973, p. 12-13.

6. Special Commission on Attica.

Report, p. 80-82.

Washington,

8.

9.

Oswald, Russell G. Attica-My Story. New York, Doubleday and Co., 1972, p. vii.

Select Committee on Crime. Reform of Our Correctional System, p. 12.

10. U. S.

Library of Congress. Congressional Research Service. Analysis the Philosophy and Public Record of Nelson A. Rockefeller Nominee for Vice President of the United States: A Report Prepared According to the Instructions of the Committee on Rules and Administration of the United States Senate and the Committee on the Judiciary of the United States House of Representatives. Washington, September 16, 1974, p. 109-114.

11. Congressional Research Service. Analysis, p. 109-111.

12. New York (State) Governor's Special Committee on Criminal Offenders. Preliminary Report. New York, June 1968, p. 1-328.

14. U.S. Congress. House. Select Committee on Crime. American Prisons in Turmoil (Part I). Hearings, 92d Congress, 1st session. November 29, 30; December 1, 2, and 3, 1971. Washington, U.S. Govt. Print. Off., 1972, p. 176-177.

CRS-31

15. New York (State) Department of Correctional Services. Operational Digest. Albany, July 1971, p. 2-4.

16. Ibid., P. 4-8.

17. Special Commission on Attica. Report, p. 134-135.

Six-month

21. Oswald, Russell G. Transcript of Taped Message to Attica Inmate Population. Albany, New York State Department of Correctional Services, 1971, p. 1-4.

22. Special Commission on Attica. Report, p. 141.

23. Oswald, Russell G. Attica-My Story, p. 43.

24. Special Commission on Attica. Report, p. 187-188.

25. Ibid., P. 186. See also, Chapter 7.

26. Ibid., Chapters 4-6.

27. U.S. Congress. House. Select Committee on Crime. American Prisons in Turmoil (Part II). Hearings, 92d Congress, 2d session. February 25, 1972; New York, N.Y. June 15, 1972; Washington, D.C. Washington, U.S. Govt. Print. Off., 1972, p. 691.

33. Select Committee on Crime. American Prisons in Turmoil (Part II),

P. 692.