CORRECTIONS IN THAILAND: A COMPARATIVE STUDY OF CORRECTIONS IN THAILAND WITH SELECTED CORRECTIONAL PROGRAMS IN THE UNITED STATES T'Iaesjs Im- IIsc Degree 0T M. S. MICHIGAN STATE UNIVERSITY Somboon Limsong 19 6 2 THESIS LIBRARY Michigan State University CORRECTIONS IN THAILAND: A COMPARATIVE STUDY OF CORRECTIONS IN THAILAND WITH SELECTED CORRECTIONAL PROGRAMS IN THE UNITED STATES BY Somboon Limsong AN ABSTRACT Submitted to the College of Business and Public Service of Michigan State University in partial fulfillment of the requirements for the degree of MASTER OF SCIENCE School of Police Administration and Public Safety 1962 Approved fred C. Schnur. Chairman / Professor Frank D IDay. Member Profetssng Ralph F. Turner, Member ABSTRACT CORRECTIONS IN THAILAND: A COMPARATIVE STUDY OF CORRECTIONS IN THAILAND WITH SELECTED CORRECTIONAL PROGRAMS IN THE UNITED STATES by Somboon Limsong Statement of Purpose. The purpose of this thesis is to describe corrections in Thailand and to present some of the experience of Thai correctional administrators. Thai corrections are compared with selected American correctional programs. with standards recommended by some American professional correctional associations, and with the publications of correctional writers. Procedures and Findings. Corrections in Thailand are introduced in Chapter I along with the reasons for choosing the U. S. Bureau of Prisons and the Michigan Department of Corrections for comparative study. A brief history of corrections in Thailand up to the present time follows in Chapter II. At the present time corrections in Thailand are centralized under the administration of the director-general of the department of corrections, which is under the Ministry of Interior. There are five divisions in the central office; there are fifteen penal and correctional institutions and eighty-five jails. Somboon Limsong The functions of personnel in the central office and in prisons and the curriculum for the correctional officers' school are stated in Chapter III. Chapter IV discusses types of punishment. offenses, and the characteristics of prisoners in Thailand. The punishments in Thailand are death sentence, imprisonment, confinement, fine, and forfeiture of property. Habitual criminals receive additional sentences as a measure of safety. Out of 28,694 prisoners in 1959, there were 6,749 youths and 444 women. The treatment of prisoners in Thailand is described in Chapters V and VI. Prisoners are treated in accordance with the standard minimum rules for the treatment of offenders approved by the United Nations. In Thailand prisoners are classified according to age, sex, and length of sentence. They are provided with food, clothing, bedding, medical and dental care, educational, vocational and moral training. Attempts are made to make prison life in Thailand as similar as possible to normal life outside. Receiving and releasing prisoners and parole and pardon are discussed in Chapter VI. In connection with the treatment of prisoners, reso— lutions from the seminar on the prevention of crime and the treatment of offenders for Asia and the Far East are mentioned. These resolutions refer to juvenile delinquency, prostitution, prison labor, and the implementation of standard minimum rules. Somboon Limsong Chapters II to VI end with conclusions drawn from the comparison made with the recommended standards stated in the publications of professional correctional associations. The U. S. Bureau of Prisons and Michigan corrections are discussed in Chapter VII. Corrections in Thailand are compared with them. By an analysis of the previous chapters, the final chapter concludes that what Thailand already has and should preserve is a single administrative head for a centralized correctional system and periodical in—service training at various levels. It is recommended that more institutions for youths and a medical center should be established. Probation and the classification process should be installed. More constructive work should be provided. More emphasis should be placed on social education and the constructive relationship between inmates and guards. Pro- bation and parole officers, psychiatrists, and psychologists should be recruited. There should be one single parole board. The proportion of paroles granted should be increased. One question is posed: should all habitual criminals be housed in one institution? If classification is adequate, some of them may need treatment in other institutions. Two suggestions are made for the United States: confinement in the Thai sense in lieu of fine instead of imprisonment and the require— ment of the prisoner to memorize the basic moral principles Somboon Limsong of his own religious faith. In the Appendices, principles, criteria, methods, and formats necessary for correctional \Mork are presented. CORRECTIONS IN THAILAND: A COMPARATIVE STUDY OF CORRECTIONS IN THAILAND WITH SELECTED CORRECTIONAL PROGRAMS IN THE UNITED STATES BY Somboon Limsong A THESIS Submitted to the College of Business and Public Service of Michigan State University in partial fulfillment of the requirements for the degree of MASTER OF SCIENCE School of Police Administration and Public Safety 1962 ACKNOWLEDGEMENTS The writer wishes to express her deep appreciation to Dr. Alfred C. Schnur (academic advisor) for his valuable advice and assistance. Her special thanks also go to Dr. James J. Brennan, Professor Frank D. Day, and Professor Ralph F. Turner, for their valuable comments and guidance. The writer would like to thank the government of Thailand for supporting her study in the United States. She 'wishes also to express her gratefulness to the Honourable Suwan Ruenyos, the director of the Department of Corrections of Thailand, and to Mr. Pong Thanusiri, for their kind selection of the material on corrections in Thailand according to the writer's requests. The writer would like to express her grati- tude to Mrs. Payom Limsong, her mother, for kindly contacting the;Department of Corrections of Thailand and forwarding these Thai publications to her. At the writer's own request, the Honourable James V. Bennett, director of the U. S. Bureau of Prisons, and the Michigan Department of Corrections, Research Bureau, kindly selected publications on the federal prison system and Michigan corrections for the writing of this thesis. To them, the writer's indebtedness is respectfully expressed here. The writer is thankful to a few others who are friends of the writer and helped in one way or another for this thesis. Somboon Limsong P REFACE "Prison custody, or the separation of a man from society as the price he must pay for his crimes, can be achieved in two different ways: 1. By negative means which emphasize walls, chains, idleness and surroundings and methods which degrade and humiliate and hurt the individual and eventually either destroy his initiative and make him more useless or arouse resentment and hostility thus increasing his danger to society; or 2. By positive methods which, though they must deprive him of his liberty as the price he must pay for his abuse of freedom, do so with a minimum show of force while requiring him to work, acquire skills, remain productive, and develop morally and intellectually during the period of his incarceration. The first approach is a negative and uncivilized method and because of its aggressive intent to degrade, hurt and punish, rather than leaving each man's punishment to come about by a higher, more natural, and more certain process, sows the seeds of its own failure and destruction. Such methods produce prisoners which are either greater burdens or greater dangers to the prison and the society in which they live. iii The second or positive approach requires more effort to operate because it not only attempts to cover its cost of operation, but also attempts to build up each prisoner to his greatest stature through constructive and productive work, and encouragement toward moral and personal growth. This requires a more normal setting and more staff but though there is no other right way regardless of cost, the revenue in economic and personal values more than justifies the investment. Both Buddhism and the Thai way of life seem to favor the latter approach more than one designed to degrade or hurt."1 1Christie G. Hugh, "Custody, Security and Control," in Department of Corrections of Thailand, In-service Training Report (Bangkok: Department of Corrections, 1959), p. 60. iv TABLE OF CONTENTS CHAPTER PREFACE . . . . . . . . . . . . . . . . . . . . . . I. INTRODUCTION . . . . . . . . . . . . II. ORGANIZATION OF THE DEPARTMENT OF CORRECTIONS AND THE PRISON SYSTEM IN THAILAND . . . . Historical Development . . . . . Difference Between Jail and Prison Sentence . . . . . . . . . . . . Prison Administration from De- Centralization to Centralization Organization and Administration of the Department of Corrections of Thailand . . . . . . . . . . . . The Prison System in Thailand . .,. . Maximum, Medium and Minimum Security Prison . . . . . . . . . . . . . . Conclusion and Comparison With the Manual of Correctional Standards . III. PERSONNEL . . . . . . . . . . . . . . . . . Number and Ratio of Employees to Prisoners . . . . . . . . . . . PAGE iii 15 18 21 33 33 CHAPTER PAGE Functions of Personnel in the Central Office and Prisons . . . . 33 Qualifications . . . . . . . . . . . 36 In—Service Training School for Correctional Officers . . . . . . 37 Curriculum . . . . . . . . . . . . . 39 In-Service Training at the Administrative Level ./. . . . . . 41 In-Service Training at the Regional Level 4 . . . . . . . . . . . . . 43 Library and Correctional Periodicals 43 Conclusion and Comparison with the Manual of Correctional Standards .K” 44 IV. TYPES OF PUNISHMENT AND OFFENSES IN THAILAND . . . . . . . . . . . . . . . . . 53 Types of Punishment that the Courts May Impose . . . . . . . . . . . . 53 Cases in Which Confinement is Used . 54 Relegation for Habitual Criminals . . 56 Probation . . . . . . . . . . . . . . 61 Offenses Committed by the Offenders . 64 Conclusion and Comparison with the Manual of Correctional Standards and with Selected Statistics on the vi (IHAPTER U.S. Federal Prisoners . . . . . . V. THE TREATMENT OFFERED . . . . . . . . . . Standard Minimum Rules of the United Nations Applied in Thailand . . . . . . . . . . . . . Effects on Thailand of the Two Seminars for Asia and the Far East on the Prevention of Crime and the Treatment of Offenders . . . . . . Juvenile Delinquency . . . . . . Prostitution . . . . . . . . . . . . Prison Labor as an Integration with National Economy . . . . . . . . . Implementation of Standard Minimum Rules for the Treatment of Prisoners . . . . . . . . . . . . Establishment of a Regional Institute for Research and Training in Asia and the Far East . . . . . . . . . Conclusion . . . . . . . . . . . . . VI. THE TREATMENT OFFERED (CONTINUED) . . . . . vii PAGE 80 87 87 89 9O 94 97 99 103 104 106 CHLAPTER PAGE The Penitentiary Act of Thailand and Standard Minimum Rules as the Principal Source for Treatment of Offenders . . . . . . . . . . . . 106 Instruments of Restraint . . . . . . 107 Rehabilitation as Treatment Objective and Means to Fulfill . . . . . . . 108 Classification of Prisoners . . . . . lll Specialized Institution for Youthful Offenders . . . . . . . . . . . . . 111 Open Institution . . . . . . . . . . . 112 Vocational Training . . . . . . . . . . 114 Educational and Moral Training . . . . 119 Standard of Living in Prisons According to Locality . . . . . . . . . . . . 122 Commissary . . . . . . . . . . . . . . 124 Recreational Activities . . . . . . . . 125 Receiving Prisoners . . . . . . . . . . 126 Pre-release Program . . . . . . . . . . 218 Help Given to Detainees at the Time of Release . . . . . . . . . . . . . . 130 Parole and Pardon . . . . . . . . . . . 131 viii CHAPTER Conclusion and Comparison with the Manual of Correctional Standards VII. SELECTED CORRECTIONAL PRACTICES USED BY THE U.S. BUREAU OF PRISONS AND MICHIGAN CORRECTIONS . . . . . . . . . . . . . Organization of the Central Office . The Prison System . . . . . . . . . The Treatment . . . . . . . . . . . Probation . . . . . . . . . . Institutions . . . . . . . . . . Admission-Orientation and Classification . . . . . The Meaning of Classification and Its Functions . . . . The Advantages of Classification and Re-classification . . Social Education . . . . . . Pre—release Program . . . . Parole . . . . . . . . . . . . . Michigan General Parole Conditions . . . . . . . Number of Paroles Granted and Denied . . . . . . . . conclusion 0 O O O O O O O O O O O 0 ix PAGE 135 157 158 161 164 164 166 166 178 180 183 187 190 196 199 200 CHAPTER VIII. CONCLUSIONS AND RECOMMENDATIONS . . . . . . Special Recommendations . . . . . . . Things Thai Should Have . . . . . The Prison System . . . . . . Probation . . . . . . . . . . Institutions . . . . . . . . Parole . . . . . . . . . . . Things Thai Should Not Have . . . Things Thai Has and U. S. Should Have . . . . . . . . . . . . . General Conclusions and Recommendations BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . APPENDIX A Custody, Security and Control . . . . . . . . . . APPENDIX B Format of the Pre—Sentence Investigation Report and Three General Principles for Probation and Parole Supervision . . . . . . . . . . . . . . APPENDIX C Probation Case Record Content . . . . . . . . . . APPENDIX D Principles of the Casework Relationship . . . . . PAGE 202 202 202 202 203 204 205 207 207 208 217 225 252 254 256 CHAPTER PAGE APPENDIX E What the Correctional Worker Needs to Know . . . 258 APPENDIX F Principles of Interviewing . . . . . . . . . . . 260 APPENDIX G Group Therapy and Group Counseling in the Re-socialization Process . . . . . . . . . . . 266 APPENDIX H Criteria for Parole Selection . . . . . . . . . . 277 APPENDIX I Michigan Good Time Allowance . . . . . . . . . . 281 xi 'FABLE II. III. IV. VI. LIST OF TABLES Curriculum for the Officers' In-Service Training School . . . . . . . . . . . . . Number of Prisoners by Offense and Sex, Year 1959 . . . . . . . . . . . . . . . . . Prisoners Classified by Length of Sentence and Sex . . . . . . . . . . . . . . . . . Characteristics of Prisoners by Age and Sex, Year Ended 1959 . . . . . . . . . . . . . Orientation Program Schedule, Women's Division, Detroit House of Correction . . . . . . Michigan Reception—Diagnostic Center: Orientation Program for Adults . . . . . Orientation Program for Young Adults . . xii PAGE 39 65 68 69 168 170 171 LIST OF FIGURES PAGE Organization of the Ministries of Thailand . . 9 Organization of the Departments Under the Ministry of Interior . . . . . . . . . . . 10 Organization of the Department of Corrections in Thailand . . . . . . . . . . . 11 The Prison System in Thailand . . . . . . . . . 12 xiii CHAPTER I INTRODUCTION This thesis is focused on contemporary correctional practices in Thailand. A brief history of the development of corrections in Thailand is presented to facilitate the general understanding of Thai corrections. Charts are drawn that show the place of the department of corrections in Thailand and its relationship to other departments. These are followed by the organizational charts of the central office of the department of corrections and of the prison system in Thailand. Along with the description of the prison system in Thailand, the various degrees of custodial facilities: maximum, medium, minimum, penitentiaries and correctional institutions are described and defined. These definitions of the prison system are prerequisite to an understanding of the detailed treatment of the offenders. After a description of the institutional facilities of Thailand, the functions of personnel who operate them are discussed. This discussion is followed by a description of the characteristics of the prisoners who are being rehabili- tated and the types of punishment and offenses in Thailand. The characteristics of the prisoners determine the proportion of various degrees of institutional facilities as well as program planning for the treatment of prisoners. The discussion of the treatment of offenders in Thailand is divided into two chapters. One chapter describes the treat- ment of offenders in Thailand as it is related to Standard Minimum Rules For The Treatment of Offenders as approved by the Economic and Social Council of the United Nations. Reference is made to the International Penal and Penitentiary Commission established by the League of Nations. Resolutions from the seminar on the prevention of crime and the treatment of offenders for Asia and the Far East held in Japan in 1957 are presented. Although the seminar topics of juvenile delinquency and prostitution are not the direct responsibility of the department of corrections in Thailand, they are included to reflect the problems confronted by the member countries of the seminar at that time. The latter chapter dealing with the treatment of offenders is directly concerned with the treatment of offenders in Thailand. At the completion of the description of corrections in Thailand, some selected practices of the U. S. Bureau of Prisons and the Michigan Department of Corrections are discussed. The thesis is concerned with comparing corrections in Thailand with the standards set forth by the Manual of (fixgrectional Standards of the American Correctional Association, the: Standard Probation and Parole Act of the National Probation and Parole Associations,as well as with the practice of the U. S. Bureau of Prisons and the Michigan Department of Corrections. Thus, corrections in Thailand are compared with both theory (standards of the American professional correctional Association and other correctional publications) and practice (the U. S. Bureau of Prisons and Michigan corrections). Each chapter, from the second through the sixth, ends with compari- sons of Thai correctional practice with these standards. Conclusions are drawn regarding the similarities and differences between Thai correctional practice and the standards. In Chapter VII, the comparison is divided into two parts. The first part is concerned with the organization of the central office and the composition of the prison system. This part is compared principally with the U. S. Bureau of Prisons because the number of prisoners in Thailand is closer to the number of prisoners under the jurisdiction of the U. S. Bureau of Prisons than it is to the number of prisoners under the jurisdiction of Michigan. The second part of the comparison in Chapter VII is concerned with treatment. This part is taken mainly from Michigan because the writer is familiar with Michigan corrections as a result of course work and experience in field training. After Thai corrections are compared as indicated above, the final chapter of the thesis is concerned with recommendations of correctional practices that Thailand should have, that Thailand should not have, and that Thailand has and the U. S. should have. _ lThe writer spent one week at the Women's Probation Division, Recorder's Court, Detroit, Michigan; one week at the Wayne County Parole Office, Detroit, Michigan: and four. weeks at the Detroit House of Corrections, Women's Division, PLYmouth, Michigan, in January, 1961. CHAPTER II ORGANIZATION OF THE DEPARTMENT OF CORRECTIONS AND THE PRISON SYSTEM IN THAILAND Historical Development. The development of corrections in Thailand is divided into three periods. The first period was before the reign of King Rama V, or the period before the year 1890. The second period started from the reign of King Rama V, or the period beginning with the year 1890. The third period was the period during the reign of King Rama VI, or the period of the establishment of the department of corrections in Thailand which was created in the year 1915.2 From these three periods, the development in the treatment of offenders can be seen. Difference Between Jail and Prison Sentence. Before the reign of King Rama V, prisons and jails were the only two kinds of penal institutions. Felonious offenders whose sentences were from six months upward were housed in prisons. Jails housed misdemeanants whose sentences were less than six months.3 In the first period, prisoners had to pay various 2Chaicharoen Santisiri, Criminology, Vol. II (Bangkok: Thaipitya Publishing Co., 1959), pp. 85—87. 31bid. fees including release fees.4 These fees collected from the prisoners were abolished in the reign of King Rama V,5 which was the second period of the history of corrections in Thailand. In the third period, or the period during the reign of King Rama VI, the department of corrections was created for the first time in the year 1915, and it has existed to the present time. In the first and second period, prisons and jails were decentralized under the jurisdiction of various Ministries in accordance with the administration of the country in that time. Prisons were also transferred from the jurisdiction of one Ministry to another Ministry, from the jurisdiction of another Ministry to still another Ministry, and sometimes were transferred back to the old Ministry again. The last develop— ment beforethe creation of the department of corrections in 1915 was that all provincial prisons were under the juris- diction of the Ministry of Interior, and prisons in the city of Bangkok, the capital of Thailand, were under the juris— diction of the Ministry of Metropolis.7 4Ibid. 5 . Ibid., p. 86. 6Ibid. 7Ibid. Although in the second period the prisons were de— centralized, the decentralization in the administration of the prisons was not so widespread as in the first period. In this second period, many developments in the treatment of offenders 'were noted. Rules and regulations for the treatment of of— fenders were established, judges were empowered to inspect prisons at least twice a month; police officers were used in place of military officers for the tower guards. The most significant change in this second period was the abolishment of fees collected from the prisoners, and prison personnel received salaries for the first time. Prison Administration from Decentralization to Centralization. The decentralization of prisons in the second period was ended in the third period when the department of corrections in Thailand was created for the first time in the year 1915. In this third period, rules and regulations applied to prisoners all over the country were uniform.9 At the present time, the department of corrections is under the jurisdiction of the Ministry of Interior. This centralization in the administration of prisons enables the construction of an integrated and classified prison system to meet the need of each individual prisoner. Charts of the organization 81bid. 91bidol p. 87. of the department of corrections and the prison system in Thailand are shown on pages 9—13. Organization and Administration of the Department of Corrections in Thailand. The department of corrections in Thailand is responsible for the administration and supervision of prisons, jails, and other specialized penal and correctional institutions all over the country. It carries out the order of the court and has as its main objective the protection of society through the rehabilitation of the offenders.10 The department of corrections is composed of five divisions: office of the secretary; division of education, moral training, and social service; criminology division; division of prison industries and vocational training; and the medical division. The office of the secretary is divided into four sec- tions. All correspondence to and from the department of corrections must pass through the correspondence section. The disciplinary section deals with discipline of the officers. The other two sections are finance section and accounting and supply section. The division of education, moral training,and social OSuwan Ruenyos, The Treatment of Offenders (Bangkok: Department of Corrections of Thailand, 1960), p. 18. 1Department of Corrections of Thailand, Annual Report 1957 (Bangkok: Department of Corrections, 1957), pp. 20—24. oN om .Aomma ..oo mcflsmeansm pw>fluflz mo mucveuummon cam wwwhumflcflz mfiu mo cowumuflcmmno man no uofl..xosawmflow> cwflumm "Roxbnmmv ©GMHHMSH NH huu mv>flum momma soflu Hoanvu soflumofl mfisuasu muammmfi @Ucms modem ImSCCH ILUQOOO IEOU Imosom moflumSH IGH ICSEEOO Iflumfi cowouom lam Ion spammm mo hnu no any mo my» mo wup mo any mo mun mo any mo huu m0 mu» «0 Sup mo hnu no any Imflcflz ImACHz Imflcflz Image: Imflcflz Imflcfiz Imflcflz Imflcflz Imflcaz -IchHZ Imflmflz Imwcflz _ mo>fipsowxm Houmacaz mEHHm humaua 5 . . . was m mamm . .6 a map mo moflmmo u H . A NH mcfim $39 QZ¢AH¢EB m0 mmHMBmHZHZ HEB m0 ZOHBdNHZdUmo H amdmo 10 .3 .a :3 ma mumum Hmumwcflz m>m3 mo hump map mcoflu w mxu03 Moanuu mummavz Ivuowm on hum» coflusommoum nomuuoo UAHQsm ICH mo oaansm ucmfi pave numpcb Imnomm oaansm m0 m0 pave mo Dame pave no name luummon luummma may mo msu mo usmfiuummon lunmmmm luummmn lunmmun lunmmmn pawn wofiaom woflmmo moammo HoaumucH mo huumwnfiz mHMOHmmBzH mo MmBmHsz Mme meZD mazmzamflmmn mmE mo onamNHz¢Omo HH BMémO ORGANIZATION 11 CHART III OF THE DEPARTMENT OF CORRECTIONS IN THAILAND Department of Corrections I 14 I I T I I Office Division Criminology Division Medical 5 of the of Edu- Division of Prison DivisionI Secre— cation, Industries tary Moral and Training, Vocational & Social Training Service Corre- F-Chaplain “Research -'Capital spondence Section Section Investment Section Section -Prison . . . . C s ' L—Disc1pline wF-Education on truction . . and Repair Section Section . —-Commerce Section . Section --Finance 1_ Social L‘Paroles Section Service and Section Pardons _ Prison Section Labor . Sec ion -Accounting t and Supply —Personnel Section . Section LStatistics and Records Section Royal Decree on the Organization of the Department of Corrections under the Ministry of Interior in Thailand, 1959. 12 CHART IV 15 THE PRISON SYSTEM IN THAILAND Training & __Training & Treatment Treatment Section Section Discipline __Discipline Section Section 15 Ibid. A. Central Administration Bang-Kwang KlongePrem Klong-Pai Six Institution Central Central Central Regional for Habitual Prison Prison Prison Prisons *Criminals Men's and Women's Divisions _ 1.... Prison Prison _Prison Prison FPrison Management Management Management Management Management Section Section Section Section Section ‘___. Accounting__Accounting _Accounting -'Training & _Training & & Finance & Finance & Finance Treatment Treatment Section Section Section Section Section ____ Training __Training & _Training & ~ Guards _Guards Treatment Treatment Treatment Section Section Section Section Section .____ Guards __Guards _Guards Section Section ‘Section Institution ,Open Central Regional Institution for Youthful Institution Detention Detention for Offenders ' Center, Centers Detainees Bangkok ,______J " ____J ‘T—___J ,___, Prison L_Prison __Prison Management Management Management Section Section Section Training & Treatment Section __Discipline Section l3 CHART IV B. Provincial Administration Changwad Jails Amper Jailsl6 (71) (14) 6Changwad Jails may be compared to County Jails and Amper Jails to City Jails. 14 service is divided into three sections: chaplain section, education section, and social service section. All three sections are concerned with the prisoners. The division of criminology is responsible for conduct— ing research, drafting laws, rules, and regulations, recruiting personnel and training officers, supervising the construction and repair of all penal and correctional institutions, recom- mending the granting or denial of paroles and pardons to the director—general of the department of corrections. These five sections, research section, prison construction and repair section, paroles and pardons section, personnel section, and statistics and records section, constitute the division of criminology. The division of prison industries and vocational train- ing administers and supervises the industrial, agricultural, and trade training of the prisoners; it supervises the invest- ment and sales of prison products.19 The division is divided into three sections: capital investment section, commerce section, and prison labor section. 7Department of Corrections in Thailand, Annual Report, 1957 (Bangkok: Department of Corrections, 1957), pp. 55-69. lBIbid., pp. 91-94. 19Ibid., p. 161. 20110151., pp. 161—66. 15 The medical division provides medical and dental care to all the penal and correctional institutions. It considers and grants permission for seriously ill prisoners to be transferred to specialized hospitals for medical treatment. The Prison System in Thailand. The prison system of Thailand is an integrated and classified system which consists of three central prisons, six regional prisons, one insti- tution for habitual criminals, one institution for youthful offenders, one open institution, one central detention center, 129 regional detention centers, one institution for detainees, seventy—one Changwad jails and fourteen Amper jails. The central prison is of the penitentiary or maximum security custody type. It houses prisoners whose sentences are from ten years upward. It is called central prison because it receives prisoners from all over the country whose sentences are from ten years upward. Death sentences are executed only at Bang-Kwang central prison. The regional prison is of the correctional institution or medium security custody type. It receives prisoners ‘within its own region whose sentences are from one year up to ten years. The institution for habitual criminals receives 2 23 lIbid., pp. 177-393. 221bid., p. 178. Ibid., p. 233. 16 prisoners who are adjudged by the courts as being habitual criminals. The reformatory for youthful offenders receives first offenders whose ages are between eighteen and twenty-five years and whose sentences must be less than five years. The philoso- phy for separating youths from other offenders is that "youths are more malleable and subject to change, whether that change be positive or negative." The open institution is of the minimum security type. There are no walls, no bars, no tower guards; prisoners are on their own self-discipline. In Thailand, prisoners at the open institution are selected from various penal and correction— al institutions. Prisoners who are selected for the open institution must have good conduct and belong to superior grade or excellent grade; the remainder of their sentences must not be more than five years and not less than one year. Visits at the open institution are more convenient than in other prisons. 4See Chapter IV, p.56 for definition of habitual criminal and "relegation for habitual criminal." 5American Correctional Association, Manual of Correctional Standards (New York: American Correctional Association, 1959), p. 490. 6Suwan Ruenyos, The Treatment of Offenders (Bangkok: Mahathai Publishing Co., 1960), p. 22. 17 Another type of minimum security custody is the prison camp which is usually a temporary prison, and in Thailand it is attached to either the central prison or regional prison . . . . . 27 for vocational training outSide of the prison. Camps provide work that cannot be brought to the prison; jobs in- side the prison are saved for inmates who cannot be trusted outside. In the Manual of Correctional Standards it was sug— gested that prisoners should be permitted to refuse camp assignment, if prisoners are afraid of the temptation of 28 . . escape. At the present time there are a few prison camps . . 29 . . in Thailand. In one prison camp, the prisoners work at crushing and grinding stone. Detention centers in Thailand are for persons sentenced to the detention centers by the court. A person will be sentenced to the detention center if he commits a petty offense and the imprisonment to be imposed by the court is less than three months. The court, instead of sentencing that person to a prison, may sentence him to a detention center which, 27This chapter discusses only the prison system. The detailed treatment for youthful offenders and offenders in the open institution and camp is discussed in Chapter VI. 2 . . . . . 8American Correctional Assoc1ation, op. c1t., p. 444. . 9Department of Corrections of Thailand, Annual Report 1959, op. cit., p. 171. BOIbid., p. 449. 18 according to the penal code, is not a prison.31 Detention centers are also used to house those in default of payment of fines, the computation of which is five Bahts per day. Re- gardless of the amount of fine, a person cannot be detained in a detention center more than two years. The institution for detainees is different from the detention center. This institution is created according to the order of the head of government to control and train those whose conduct disturbs the social order of the country.3 Jails house prisoners whose sentences are less than one year. Changwad jails may be compared to county jails, and Amper jails to city jails. Maximum, Medium, and Minimum Security Prison. As already described the prison system of Thailand consists of the maximum security prison at one end and the minimum security prison at the other end. In between are medium security prisons and specialized institutions. It seems appropriate here to clarify these three different degrees of custody. Maximum security prisons have high walls to offer the least opportunity for escape. Usually they are used to house 31The Penal Code of Thailand, 1956, Section 24. 32;;gg,, Section 30. Bahts are Thai currency. 3Department of Corrections of Thailand, Annual Report 1959 (Bangkok: Department of Corrections, 1959), p. 45. 19 the dangerous prisoners. Prisoners who are housed in the penitentiary or maximum security prison are more or less confirmed prisoners. The more improvable prisoners are housed in medium and minimum security prisons. Medium security institutions normally have a double-fenced enclosure topped with barbed wire. Minimum security institutions may or may not have a fenced enclosure to form a line of demarcation. "In small installations in remote areas, the fenced enclosure may not be necessary. In larger establishments, and in those located in rather heavily populated areas, the fence will be found desirable."34 In minimum security prisons there is no armed guard post; in medium security prisons, there are guard towers at strategic locations. Itvnmssuggested in the Manual of Correctional Standards of the American Correctional Association that approximately one-third of the prisoners can be housed in a minimum security prison type; about half of the prison population can be housed in a medium security type; about 15 per cent of the prison population can be housed in a maximum security type, and not more than two per cent of the prison population 34American Correctional Association, op. cit., p. 191. 35U..S. Bureau of Prisons, Federal Correctional Institutions, Milan, Michigan (Washington, D. C.: U. S. Bureau of Prisons), p. l. 20 should be housed in the super-security type. These percen— tages apply only to a prison system which has an adequate . . . 36 . . . . program of claSSification. A penitentiary may be claSSified either as a super-security custody or a maximum security type. The number of inmates in a penitentiary may range from 240 at Alcatraz (super—maximum security) to 2,300 at Leavenworth or Atlanta (maximum security custody). A correctional institution may be classified either as a medium security custody such as the medium security custody at Milan, Michigan, or the minimum security custody at Seagoville, Texas. The number of inmates in a correctional institution varies over a smaller range with between six hundred and seven hundred at Milan, . . 37 . . . . Michigan. However, the number of inmates in a minimum . . . . ~ 38 security institution should not exceed four hundred. These minimum security institutions are open institutions, pre-release units, farm camps, forestry camps, and youth camps. The number of inmates in a camp should not exceed two hundred.39 36 . . . . . American Correctional Assoc1ation, op. Cit., pp. 191-92. 37 U. 8. Bureau of Prisons, Federal Correctional Insti— tution, Milan, Michigan, op. cit., p. l. 38 . . . ' Dr. Edward Galway 8 letter, printed in Varasarn Rajatan, 1956. Varasarn Rajatan is a correctional journal issued by the department of corrections of Thailand. American Correctional Association, Manual of Eggrectional Standards, op. cit., p. 495. 21 Conclusion And Comparison With the Manual of Correctional Standards. From both the charts and the descriptions in the chapter, it can be seen that the five divisions of the depart- ment of corrections in Thailand having the director—general as the chief administrator are the center through which the various penal and correctional institutions are administered. This centralized administration makes it possible for Thailand to have an integrated and classified prison system to meet the need of each individual prisoner. The writer of this thesis classifies the prisons in Thailand into maximum. medium, and minimum security institutions according to the definitions taken from the Manual of Correctional Standards and from the U. S. Bureau of Prisons' pamphlet. From such criteria central prisons in Thailand are classified as maximum security institutions, regional prisons as medium security prisons. Open institutions and camps are minimum security institutions. Institution for Youthful Offenders, Institution for Habitual Criminals, Detention Centers for persons under the punishment of confinement instead of imprisonment, and Institution for Detainees according to the order of the Head of Government, are specialized institutions for special kinds of offenders. The degree of custody of these specialized institutions may be maximum, medium, or minimum, according to the needs of Special types of offenders. Jails in Thailand house prisoners 22 sentenced for less than one year or house prisoners awaiting trial. It would be worthwhile to analyze the number of prisoners in Thailand housed in maximum, medium, and minimum and to compare it to the appropriate percentage suggested by the Manual of Correctional Standards stated in the body of Chapter I of the thesis. Specialized institutions must be classified into appropriate degrees of custody before analyzing. By analyzing the prison population in Thailand, a better prison system may result. This prison system should be diversified according to sex, age, degrees of custody, and medical or mental conditions with various grades of maximum, medium, and minimum security buildings. The Manual of Correctional Standards stated that there should be only a single administrator in a centralized cor— . . . . 41 . rectional administration. Although reasons for this were not given, it may be assumed that a single administrator is preferable because the responsibility can be held in one person and decision—making will not be delayed. Delay is unavoidable if a board is used instead of a single administrator. Having a centralized administration of corrections in Thailand 4O ' , ’ American Correctional Association, op. Clt., pp. 188—91. 41Ibid., p. 39. 23 with one administrative head is therefore in agreement with the Manual. In regard to the internal organization of the depart- ment of corrections, the Manual of Correctional Standards stated that there should be at least one deputy in the central office to assist the head of the department of corrections and to serve in the head's capacity in the event of his absence. There may also be a number of other deputy heads or division chiefs. One division chief may be in charge of classification, education, religion, recreation, pre—parole preparation, and inmate welfare. Another division chief may be in charge of the fiscal control program which includes budgets, accounting, stores, and procurement. A third deputy or division chief may be in charge of prison industries and agricultural production. A fourth division chief may be in charge of the medical program. There may also be prison inspectors to perform such functions as institutional security, special investigations, food services, safety, fire protection, and jail inspection. There should be adequate personnel and specialists to perform these functions. The five administrative divisions of the department of corrections in Thailand: Office of the Secretary; Division 421bid., p. 54. 24 of Educational, Vocational, Moral Training and Social Service; Division of Prison Industries; Medical Division; and Division of Criminology: are in agreement with the suggestion of the Manual referred to in the above paragraph. Only one division, the division of criminology, was not mentioned in the Manual. However, the Manual suggested only some divisions; it was not specific as to the number of divisions. One more division than the Manual mentioned does not do any harm. On the contrary, this division of criminology is necessary as is evident from the various sections under this division. Internal organizations of institutions for adult prisoners were given in the Manual of Correctional Standards. Three plans for the organization of an institution for adult prisoners were given. Plan A is for an institution for up to six hundred adult males; Plan B is for an institution for over six hundred males; Plan C is for an institution for over'eight hundred adult males. Charts will be drawn showing the difference between Plans A, B, and C. The internal organization of an adult male institution in Thailand is shown in Chart IV on page 12. In a big 43Sections under the Division of Criminology are: Research Section, Prison Construction and Repair Section, Paroles and Pardons Section, Personnel Section, and Statistics and Records Section. 25 Industries Manager Program Manager Functions See item 1 in Statement of Functions . . . following Plan C Functions See item 2 in Statement of Functions . . . following Plan C Plan A Institution for up to 600 Adult Males.44 I Central State Authority | Warden L___. ‘ * Staff IT Business & Correctional Medical Services Manager Functions See item 3 in Statement of Functions . following Plan C * Staff includes Training Officer, Administrative Assistant, and secretary. The Administrative Assistant can handle such functions as special studies and investigations, civil defense, and public relations. 44 Ibid.: p. 151. Plan B Institution for over 600 Adult Males45 26 Central State Authority I Warden F———— Staff l 4T ' L 1 Industries! Business Associate Associate I Medical Manager Manager Warden Warden Services Custody Classification Manager & Training Functions Functionsu Functions Functions Functions See Item See Item See Item See Item See Item 4 in 5 in 6 in 7 in ’3 in Statement StatemenE Statement Statement Statement of of of of of Functions Function Functions Functions Functions following followin following following following Plan C Plan C Plan C Plan C Plan C 45 Ibidol p. 153. 27 46 Plan C Institution for over 800 Adult Males [ Central State Authority I Warden or l____ Superintendent Staff Deputy uperintendent J I I y F I1 Industries Business Correctional I Correctional Medical Manager Manager Program Program Services Manager Manager Manager (400- (400- 600 units) 600 units) Functions Functions Functions Functions Functions See Item See Item See Item See Item See Item 4 in 5 in 2 in 2 in 3 in Statement Statement Statement Statement Statement of of of of of Functions Functions Functions Functions Functions following following following following. following Plan C Plan C Plan C Plan C Plan C A_ 46 Ibid., p. 155. 28 47 Statement of Functions of the Prison Administrative Personnel 1. 2. 3. Business and Industries Manager Business: Budget Accounting Procurement Stores Canteen Feeding Clothing Plant Maintenance Personnel payrolls and records Fire Protection Industries: Manufacturing and farm enterprises Correctional Program Manager Security guarding General Work Crew Supervision Control of Routine Movement of Inmates Discipline Classification Release procedures Inmate Education and Training Religion Recreation Inmate records Mail Visits Case work and counseling Medical Services Manager General health Clinics Hospital Administration Dental Services Psychiatric Services Institution Sanitation 471p1g., pp. 151-55. 29 4. Industries Manager Industries Farms Accounts, stores, records, etc., for production enterprises 5. Business Manager Budgets Accounting Procurement Stores Canteen Feeding Clothing Plant maintenance Personnel payrolls and records Fire protection 6. Associate Warden Custody Security guarding General workcrew supervision Control of routine movement of inmates Discipline 7. Associate Warden Classification and Training Classification Release procedures Inmate education and training Religion Recreation Inmate records Mail Visits Case work and counseling 30 institution such as the central prison where the prison popu- lation is large (the current average ranges from one thousand to four thousand prisoners),48 the administration is divided into four sections which are: 1. Prison Management Section 2. Accounting and Finance Section 3. Training and Treatment Section 4. Guards Section In smaller prisons such as the regional prison and specialized institutions where the prison population ranges from one hundred to not more than one thousand,49 the adminis- tration of the prison is divided into three sections which are: 1. Prison Management Section 2. Training and Treatment Section 3. Guards or Discipline Section If these three sections and four sections of the prisons in Thailand are compared with the Manual of Correctional Standards as shown in Plan A, Plan B, and Plan C on pages 25, 26, and 27 respectively, it may be noticed that as the . 48Department of Corrections of Thailand, "Prisons in Thailand," Document No. 1 (Bangkok: Department of Corrections, 1960), pp. 38-56. 49Ibid. 31 number of the prison population increases from Plan A to Plan B or Plan C, the administrative sections increase correspondingly. Administrative sections are increased by separating one section under Plan A into two sections under Plan B or C. Only the Medical Services Section remains the same; it is one section under Plans A, B, or C. The require— ment for an increased number of the medical staff is not proportionally as great as that of the staff of the other sections. According to the Manual, Plan B and Plan C are alternates for a large prison population. It may be explained further that under Plan B the prison population is not large enough to warrant two separate correctional program managers in order to have adequate services under each of them, and it is not small enough as under Plan A to have only one correctional program manager to manage it. Therefore, in terms of adequate services and supervision, the best arrange— ment under Plan B is to have one section for custody and one section for classification and training. The three sections in a small prison and the four sections in a large prison in Thailand are the same as the sections under Plan A, Plan B, or Plan C, except for one thing: there is no separate medical service section in either the small or large prisons in Thailand. The institutional medical 32 service in Thailand is organized under the Prison Management Section. A separate medical service section is necessary if the prisoner is to have physical and emotional rehabilitation along with other rehabilitation programs of education, vocation, religion, and recreation. CHAPTER III PERSONNEL Number and Ratio of Employees to Prisoners. All personnel in the department of corrections in Thailand are recruited under civil service. According to the annual report 1959, there were 2,347 employees. The ratio of employees to , 50 . . prisoners was 1:14. The ratio in the U. S. Bureau of Prisons is 1:5.51 Functions of Personnel in Central Office and Prisons. The director-general is the head of the department of cor- rections in Thailand. He is responsible for the administration of all penal and correctional institutions. The assistant director-general assists the director-general in the adminis- tration of all penal and correctional institutions. The heads of the various divisions in the central office have the power to inspect prisons and make suggestions to the insti— tutional personnel, but the officers directly responsible for the inspection of penal and correctional institutions are prison-inspectors. These prison—inspectors are appointed by _ 0Department of Corrections of Thailand, Annual Report 1959, op. cit., p. l. 51 . . ' U. S. Bureau of Prisons, Federal Prisons, Annual. Report (Washington, D. C.: U. S. Bureau of Prisons, 1959), pp. i and iv. 33 34 the director-general to inspect prisons, jails and camps. All penal and correctional institutions are divided into zones. One prison-inspector is assigned the northern zone of the country. Another prison-inspector is assigned the southern zone of the country. The third prison—inspector is assigned the northeastern zone of the country. These assign- ments are to facilitate traveling and to save time. These prison—inspectors are sometimes rotated. At present there are three prison-inspectors. They are empowered to make suggestions to the wardens or directors of the institutions. The head of the prison is the warden. He is responsible for the administration of the prison and has the authority over all personnel and prisoners in his prison. There are two kinds of wardens: the warden by rank and the warden appointed by the central office.53 The warden by rank is the governor of Changwad jail or the sheriff of Amper jail which houses the prisoners serving terms less than one year. This is in accordance with the administration of the country which has the governor as the head of Changwad and the sheriff as the head of Amper. These governors and sheriffs are appointed by the Ministry of Interior and they are under civil service. - 2Department of Corrections of Thailand, Annual Report 1954, op. cit., p. 21. 53Ibid. 35 Except for the governor and the sheriff, other personnel in Changwad jail and Amper jail are under the department of corrections. Aside from Changwad jails and Amper jails, the wardens of all penal and correctional institutions are appointed by the director—general of the department of . 54 corrections. Next to the warden is the associate warden who is responsible for the care, custody, and discipline of the prisoners. He has the authority over other prison personnel and assigns the work to them. The associate warden super- vises the work and education of prisoners and the sanitation of the prisons. f 56 , Next to the assoc1ate warden are guards. Guards . . . 57 ranks are diVided into fourth grade A and fourth grade B. In addition to the warden, the associate warden, and guards, there are specialists in various fields, such as the accountant, the prison chaplain, the academic teacher, and the trade instructor. Such persons, if the warden deems fit, may be assigned the duty of associate warden or guard.58 Ségpgg. 551bid., p. 22. 56Ibid. 57The highest grade of civil service officials in Thailand is special grade. The second highest is first grade. Next come third grade and fourth grade. 58Loc. cit. 36 This kind of assignment seems to be the combination of custody and treatment. Qualifications. As in any other kind of work, the qualifications of the personnel reflect the quality of the work. It Vfimssuggested.hithe anual of Correctional Standards that the minimum qualifications of a correctional officer . . . 59 should be equivalent to a high school education or pre- service education sufficient for carrying on any in-service . . 6O . . . . . training program. At the time of writing this theSis, the level of education of the officers of the department of corrections in Thailand is classified into 913 officers, elementary school; 1,337 officers, secondary school; 58 officers pre—university school; and 39 officers, college graduates. The total number of personnel is 2,347.61 There are four grades in elementary school, six grades in secondary school, two years for pre—university, and at least four years for a college degree depending on the curriculum. 9American Correctional Association, Manual of Correctional Standards, op. cit., p. 62. 60 United Nations, Standard Minimum Rules for the Treatment of Prisoners and Selection of Personnel (New York: American Correctional Association, 1957), p. 27. Department of Corrections of Thailand, "Level of Education of the Officers," Document No. 1 (Bangkok: Department of Corrections, 1960), p. 16. 37 In-service Training School for Correctional Officers. The in—service training school has been opened since 1953. The purpose of the school is to promote the efficiency of the correctional officers. The curriculum of the school covers two years. Every year the wardens of the penal and correctional institutions select the correctional officers to train in this school. Since the year 1953 up to the time of writing this thesis, fifty correctional officers have been selected for the school each year. Officers from the central office of the department of corrections are not selected for training at this in—service training school, neither are all institutional officers. To be eligible for the selection to the school, institutional officers must have these qualifications: (1) have completed secondary school or its equivalent, (2) are officers under the department of corrections and have been in the duty of guards or chaplains before the entrance to the in-service training school.62 As has already been stated, the curriculum of the correctional officers' in-service training school covers two years. The first year is for course work; the second year is for supervised field training. A student must pass the first year before he is eligible for field training. The passing . 2Department of Corrections of Thailand, Annual Report 1956, op. cit., p. 30. 38 grade for the first year is 60 per cent and for the second year is 60 per cent. The total hours of course work in the first year are 1,296. The subjects taught are identified in the following Table I. Second Year Field Training After passing the examination for all course work in the first year at 60 per cent level plus good behavior, officers receive supervised training in a prison for twelve months. The training is divided into four phases, each consisting of three months. These four phases are custody, three months; educational and vocational training, three months; bookkeeping, three months; correspondence and records, three months.63 At the end of twelve months there are written exams regarding these four phases of training. The weight for written exams is 50 per cent and for oral exams, 50 per cent. A student must have at least 60 per cent of the written and oral exams combined and another 60 per cent for good behavior in order to graduate from the in-service training school. A graduate from the in-service training school receives a higher salary.64 631bidol p. 41. . 4Department of Corrections of Thailand, Annual Report 1955, op, cit., p. 14. 39 TABLE I CURRICULUM FOR THE OFFICERS' IN-SERVICE TRAINING SCHOOL65 First Year Hours Total hours No. Course per for each week course 1. The Constitution of Thailand 1 24 (half year) 2. The Civil Service Act and the Disciplinary Act for officers of the Department of Corrections 2 96 3. The Penitentiary Act of Thailand 2 96 4. Thai geography and Thai history 1 24 (half year) 5. Criminology and penology 2 96 6. Criminal law and criminal procedure 1 48 7. Psychology 1 48 8. Sanitation and mental hygiene l 24 (half year) 9. Records and statistics 1 48 10. Fingerprint and photography 1 24 (half year) 11. Accounting and supply 2 96 40 TABLE I (Continued) Hours Total hours No. Course per for each week course 12. Acts, rules and regulations relating to the organization, administration of the Thai government, and the method and procedure for official correspondence and filing 1 48 13. Culture and morality 2 96 14. General knowledge relating to agriculture 1 1/2 72 15. General knowledge relating to industries 1 1/2 72 16. General knowledge relating to physical plant and its maintenance 1 1/2 72 17. General knowledge relating to commerce 1 1/2 72 18. Prison administration 2 96 19. English 1 48 20. Physical education, recreation, self-defense, and the use of fire—arms 2 96 Total 27 1,296 65 Ibid., p. 33. 41 The in-service training school is attached to the Bang- Kwang central prison at Changwad Nontaburi. It takes about one-half hour to drive from the central office to the school. The reason for mentioning this is to show the convenience for the instructors in driving from the central office to the school. The location of the school is very suitable for study; it is quiet and has a little prison atmOSphere since the school building is attached to the administration building of the Bang—Kwang central prison. The students receive a monthly allowance.66 Thus, the incentive for learning is very great. The instructors at the in-service training school are invited from the central office of the department of corrections in Bangkok, some from the Bang-Kwang central prison to which the in-service training school is attached, and one instructor is invited from the Ministry of Industries to teach the course on general knowledge relating to industries.6 In—service Training at the Administrative Level. In the year 1959, the department of corrections in Thailand held an in-service training session at the University of Thammasat, 6Department of Corrections of Thailand, ”Report on the Sixth Meeting of the Department of Corrections," October, 1960. 7Department of Corrections of Thailand, "Appointment for the Instructors of the In—service Training School," Order No. 339/1957. 42 Bangkok, for five days. This in-service training was for the administrative level. The wardens and directors of prisons and reformatories, some chiefs of the sections of the central prisons, and chiefs of the divisions and sections in the central office attended this in-service training.68 This in—service training was a lecture—discussion series. The topics presented at the meeting were: the purpose of in- service training; the ideal prison; the classification of inmates; the psychology of the offenders; the treatment of the offenders; open institutions and prison camps; custody, security, and discipline; prisoner-aid society; prison sanitation; prison labor; the functions of various divisions in the central office of the department of corrections; and organization and administration. The meeting was closed by an evaluation of in-service training. The lecturers for this in-service training meeting were invited from both inside and outside the department of corrections. The group was composed of some professors from the School of Social Work and the Institute of Public Adminis- tration, University of Thammasat; the psychiatrist from the 8Department of Corrections of Thailand, Report on the In-Service Training Meeting of the Officers of the Department of Corrections of Thailand (Bangkok: Department of Corrections, 1959), pp. 9-12. ’ 69Ibid. 43 Ministry of Public Health; Mr. Hugh G. Christie, United Nations Technical Assistance Expert Advisor on Social Defense to the department of corrections of Thailand; Mr. Robert H. Lawson, Advisor on Personnel Administration and In-service Training, Institute of Public Administration, University of Thammasat; and Mr. Alexander A. Robertson, Advisor for the United States Operations Mission to Thailand (ICA) who lectured on sanitation of penal institutions.7 In-Service Training at the Regional Level. In addition to this in-service training at the administrative level held in the central office in Bangkok, the department of corrections plans to hold the in—service training at the regional level71 so that more prison personnel can receive the training. These in-service training groups at various levels, including the correctional officers' training school, are a great move toward the increasing of the officers' efficiency in the protection of society and the rehabilitation of the offenders. Library and Correctional Periodicals. The in-service training school and periodical meetings of the officers at various levels are only one aspect of the improvement of the personnel's efficiency in Thailand. Other provisions by the 701191.19.” pp- 107—14. 71Ibid., p. 5. 44 department of corrections are the library and the correctional . . 72 . . . . . periodical. The library is established in the central office of the department of corrections and contains law books, text- books, novels, and periodicals. The officers in the central . . 73 . office are encouraged to use the library. The correctional periodical is issued bimonthly. Current laws, rules, and regulations including correctional knowledge are published in the correctional periodical by the central office of the department of corrections of Thailand. Membership is voluntary, but correctional personnel are encouraged to subscribe to it since it is an important means for the officers to keep up . . 74 With correctional knowledge. Conclusion and ComparisonVHintjmaManual of Correctional Standards. The Manual of Correctional Standards did not mention the appropriate ratio of employees to prisoners. This is why the ratio of employees of the federal prison system is given in this chapter. Since the federal prison system is one of . . . . 5 . the progreSSive prison systems in the United States,7 its 72The official name of the Thai correctional periodical is Varasarn Raiatan. 73 . . The writer's own experience. 74Pybul Disyatat, "The Editorial," Varasarn Rajatan, 8:3, June, 1960, p. 85. 5American Correctional Association, Manual of Correctional Standards, op. cit., p. 13. 45 ratio of employees to prisoners should be regarded as a desirable standard at the present. The best method for the department of corrections in Thailand would be to analyze the number and qualifications of personnel by consultation with the wardens. Through the consultation with the wardens, the adequacy of the personnel in Thailand could be evaluated by comparing it with the ratio of the federal prison system. The Manual of Correctional Standards stated that the selection of personnel entering the correctional service should be on the merit system. Selection on the merit system is best done through competitive written and oral examinations; position tenure should depend on the successful performance of the job.76 All personnel of the department of corrections in Thailand are recruited through the competitive written and oral examinations administered by the personnel section in the central office of the department of corrections. The civil service status guarantees the secure tenure of the jobs as long as the officials are capable and conform to official rules and regulations.77 This kind of personnel selection is in agreement with the standard set forth by the Manual of 76Ibidol p- 61. 77Satien Vichailuck, Compilation of Rules and Regulations of the Department of Corrections in Thailand (Bangkok: Vitivet Publishing Co., 1949), pp. 278-83. 46 Correctional Standards. One element of personnel qualification that is not up to the standard suggested by the Manual of Correctional Standards is the pre-service education of some correctional officers. The Manual suggested that the minimum educational standard for the correctional officer should be equivalent to a high school education.78 At the time of writing this thesis, out of 2,347 employees, there are 913 officers who have completed elementary school. The education of these officers should be increased to the minimum secondary school standard by encouraging the officers to take evening or correspondence courses. The Manual of Correctional Standards divided the in— service training into two types. The first type is the orientation training for new employees. The second type is continuous training for experienced employees.79 According to the Manual, the orientation training should provide such information as employment conditions, philosophy and goals of the department of corrections, the use and care of firearms, physical training, on-the—job training, observation of institutional programs, reading assignments, lectures, group 8American Correctional Association, Manual of Correctional Standards, op. cit., p. 62. 79 ' Ibid., pp. 67—68. 47 discussions, examinations, and supervised work assignments of increasing difficulty and responsibility. This orientation training should be the time to shape desirable attitudes of the employees and should be extended to all employees regard— less of their branch of service.80 The in—service training school for the correctional officers in Thailand has the characteristics that fit into this orientation training from the point of view of the subjects taught. For example, the in—service training school teaches use and care of fire-arms; it has physical training, lectures, field trips to other prisons,81 supervised assignments in prisons, and examinations. The difference between the orientation training suggested in the Manual and the in—service training school for the correctional officers is that in Thailand it is not extended to all employees. Only institutional officers in the position of guards or chaplains are selected to this in-service training school. This limitation should be abolished. The time proposed by the Manual for orientation training is six months. The time required for the correctional officers in the in—service training school in Thailand is two years: one year for course work and one year for field training. Ibid. 81Department of Corrections of Thailand, "Correctional News," Varasarn Rajatan, 8:4, August, 1960,. p. 96. 48 This longer period for the training of correctional officers in Thailand is due to the fact that more course work is needed by the correctional officers in Thailand. It is advisable that in the oral and written examinations, some critical evaluations of the subjects taught and the appropriate period for supervised field training should be elicited from the correctional officers who received such training. This information would be helpful in analyzing and improving the time schedule and the subjects taught at the in—service train- ing school for the correctional officers in Thailand. In the writer's opinion regarding the curriculum for the officers' in-service training school, a very important course should be added to it: probation and parole and the method of writing a case history, which is basic to the under- standing of each prisoner's behavior and is the basis for an individualized treatment program. This probation and parole course includes the use of community resources. In the psychology course, the dynamics of human behavior of growth and the impact of the constructive relationship between inmates and guards should be emphasized. An excellent description of the relationship between inmates and guards exists in the New YOrk Central Guard School Department of Corrections' "Suggestions for Improving Human Relations in the 49 the Institution."82 In the Prison Administration course, Public Relations and the Prison Community should be included,83 in addition to Custody, Security, and Control; and classifi- cation, training, and treatment. Furthermore, these few courses suggested here, including some courses in the curricu- lum such as criminology and criminal law, should belong to pre—service education rather than in-service education. In Thailand other courses in the curriculum and super- vised field training in various duties are very thorough and cover all the basic phases of corrections. It should be noted here that this evaluation of the curriculum is at the correctional officers' level. In the future, if pre-service education is adequate, this two—year curriculum for the correctional officers' school should be shortened to pure indoctrination for a six month period and extended to all employees. Better understanding of the nature of the work makes better team work and better success toward the correctional goal. If pre-service education is adequate, many courses in the curriculum can be left out through care- ful examination at the recruitment period for such courses 82Paul W. Tappan, Contemporary Correction (New York: McGraw-Hill Book Company, Inc., 1951), pp. 48-50. .83Price Chenault, "Structuring.an In-Service Training Program," Alabama Correctional Journal, 7:1, June, 1960,, p. 54. 50 as the constitution of Thailand, Thai geography and Thai history, culture and morality. Aside from the indoctrination training, another kind of in-service training is the continuous training which may be in both formal and informal form. The informal form is the working of subordinates under supervisors. The formal form includes seminars and workshops.84 The in-service training at administrative and regional levels in Thailand falls into this category of continuous training. It is conducted for the purpose of management development: administrators are helped to gain a better understanding of correctional problems and to increase their efficiency in correctional work.85 The administrative in-service training program for both central and institutional personnel of the department of corrections in Thailand which occurred during 1960 is not a regular event since the training program is not held every year to cover all prisons at one time. The lecturers invited from outside of the department of corrections were professional and were experienced in their own fields. The writer of this thesis recorded the topics discussed in the 1960 in-service training program for future reference to show which topics 84American Correctional Association, Manual of Correctional Standards, op, cit., pp. 68-69. 85Ibid. 51 were considered significant at that time. The preface of this thesis is an excerpt from a paper presented in that in— service training. Unlike the indoctrination training, the topics for training at the administrative level were not mentioned in the Manual. A look at the table of contents of the American Correctional Association's proceedings in 1960 indicates a more comprehensive treatment of subjects than in the 1960 in-service training meeting in Thailand. Besides the General Session Addresses, there were Seminar and Sectional Meeting Papers in twelve areas: the area of correctional adminis- tration, the area of correctional camps and farms, the area of the chaplain, the area of citizen participation, the area of classification and education, the area of correctional industries, the area of psychiatric, medical and psychological treatment, the area of correctional research, the area of jails, the area of the military offender, the area of post- institutional treatment, and the area of youthful offenders.8 Within each of these areas, various topics were presented. These areas may change from year to year. There was no area of probation in 1960. The year 1960 is cited as an illustration. Absent in the table of contents of the in— 86. . . American Correctional ASSOCiation, Proceedings (Denver, Colorado: American Correctional Association, 1960), p. V0 52 service training of the department of corrections in Thailand are the areas of correctional research, of jails, of military offenders, and of youthful offenders. It would be worthwhile if the wardens, the associate wardens, and others from both inside and outside the prisons in Thailand would present these topics in the next in-service training meeting since training is a process of sharing experience. 87A. A. Evans, "Correctional Institution Personnel - Amateurs or Professionals," The Annals of the American Acedemy of Political and Social Science, 293, May, 1954,, p. 76. CHAPTER IV TYPES OF PUNISHMENTS AND OFFENSES IN THAILAND Types of Punishments That the Courts May Impose. Chapter Three, Part One of the Penal Code of Thailand specifies the types of punishment that the courts may impose: death, imprisonment, confinement, fine,and forfeiture of property. The death sentence is carried out by shooting.89 Imprisonment is the custody of a person in a prison or jail. Confinement in Thailand is in a place which is not a prison; a person inflicted with the punishment of confinement may be confined in his own dwelling place, or in the dwelling place of another person who consents to accept him, or in another place as the court sees fit. The detention centers on Chart IV, p. 12, are constructed for the persons inflicted with the punishment of confinement. 'The confined person receives maintenance from the place of confinement, but subject to the regulations of the place, he may obtain food from outside at his own expense, 8Probation and Relegation are not classified as punish- ment in the Thai Penal Code 1956. Probation is classified as suspension of punishment; relegation is classified as a measure of safety. These will be subsequently discussed. 89Luang Dulya Sathya Patived, translator, The Penal. Code of Thailand (Dhanburi: Sootisan Publishing Co., 1957), Section 19, p. 13. 53 54 use his own clothing, receive visitors for at least an hour a day, and receive and send letters. He must work according to the rules, regulations, and discipline of the place. If he desires to do other work, he may be permitted to do so provided that it is not contrary to the rules, regulations, discipline, or safety of the place. From the above paragraph it is evident that the punishment of confinement is lighter than the punishment of imprisonment. Cases in Which Confinement Is Used. When a person has committed an offense punishable with imprisonment not to exceed three months, if it appears that this is the first offense, or, if it is not the first offense but the previous offense was a petty offense or was committed by negligence, the court may impose the punishment of confinement for not more than three months in place of imprisonment.91 Confine- ment is also used for a person who fails to pay a fine. The rate is computed at 5 Bahts92 per day, but such confinement in lieu of fine must not exceed two years. Confinement is a relatively new method provided in the 90.1.19_I'L_d_~ pp- 13-16. 91Ibid., p. 15. 92Baht is Thai currency. 93LuangDulya Sathya Patived, op. cit., pp. 29—30. 55 1956 Penal Code of Thailand. The rules and regulations of the confinement place are issued by the department of corrections in Thailand. These rules may be divided into three major areas: custody and discipline; education and work; food, medical care, recreation, and release.94 In the custody and discipline area, no instruments of restraint may be used on persons under the punishment of confinement instead of imprisonment. Males and females are confined separately. They are required to go to bed and get up at-a certain time fixed by the confinement place. If they do not have their own clothing, official clothing will be provided for them. Contraband includes weapons, alcoholic beverages, narcotic drugs, explosive material and inflammable fuels; gambling is prohibited. The persons under the punish— ment of confinement must not damage public property or the property of others. They must obey legitimate orders. They must not quarrel or interfere with the work of other people. They must not neglect work under their responsibility. Violation of such rules may result in being disciplined in . . . 9 an isolation unit. 5 4Department of Corrections of Thailand, Rules and . Regulations for the Persons Under the Punishment of Confinement, Order No. 121/2500 (Bangkok: Department of Corrections, 1956), pp. 1-3. 95Ibid. 56 Persons under the punishment of confinement are re- quired to maintain their own personal cleanliness and sani- tation in the place of confinement as well as in any other official place. They are provided with educational, vocational, and moral training. They are provided with food, medical . . . . 96 care, and recreation. They receive a certificate upon release. There are no further details available as to the specific programs of work, education, moral training, and . 97 . . . . recreation. From this description, it can be seen that the objectives and forms of punishment of confinement are good. It would be excellent if there were a constructive program to implement the objective. New programs and new approaches may be made after an analysis of the characteristics of the persons under the punishment of confinement. Relegation for Habitual Criminals. Relegation is not a punishment; it is a measure of safety. According to the 1956 Penal Code of Thailand, measures of safety imposed by the court include relegation, prohibiting a person to enter a specified area, executing a bond with security for keeping the peace, ordering a person to be kept under restraint in a hospital, and prohibiting him to carry on certain occupations. ‘96Ibid. 97Ibid. 98Luang Dulya Sathya Patived, trans., The Penal Code of Thailand, op. cit., Section 39, pp. 20-21. 57 Relegation applies to a habitual criminal. The court may regard a person as a habitual criminal if (1) he has been previously sentenced to relegation or has been sentenced to imprisonment for a term of not less than six months and has been sentenced not less than twice for the following offenses: offenses against public peace, offenses causing public dangers, offenses against currency, sexuality, offenses causing death, offenses against body, liberty, or properties: and (2) if within ten years from the day of having passed the relegation or the punishment, he commits any of the specified offenses again. The term for a habitual criminal sentenced to relegation is not less than three years and not more than ten years. These habitual criminals are housed in a special institution for them. This can be seen from the chart of the prison system on page 12 of this thesis. The public prosecutor has the exclusive power to prosecute for relegation. Relegation may be requested at the time of the prosecution of the case or at a later time.100 A relegation period ranging from three to ten years may be added to the term for the offense committed. A person sentenced to imprisonment six months for the offense he committed may 99Ibid., Section 41, p. 22. 100Ibid., Section 43, p. 23. —-—_ 58 receive additional relegation sentence for ten years, whereas a person sentenced twenty years according to the offense he committed may receive additional relegation sentence for three years.101 Thus, it will be seen that the period of relegation does not correspond to the length of time to be served for the offense committed. The court uses its own discretion as to how much time the habitual criminal needs to be relegated in order to be rehabilitated. The period three to ten years provided by the Penal Code of Thailand is to guarantee that the time is not so short that no rehabilitation can occur, and ten years should be long enough for a person to be rehabilitated. The ten year maximum relegation sentence specified in the Penal Code also prevents the court from using undue authority.102 It should be noted here that not all recidivists are considered habitual criminals in the Thai Penal Code. Usually in the U. S. a recidivist will be called a habitual criminal if he has committed crimes three to four times. Examples of this may be seen from the Penal Code of California 1927 and the 103 . . . . Penal Code of New York 1932. In Thailand a reCidiVist may be 101 . . . . . . Satien Vichailuck, Compilation of Rules and Regulations of the Department of Corrections in Thailand (Bangkok: Nitivet Publishing Co., 1949), pp. 214-15. 102Ibid. 103Santisiri, Criminologxr Vol- 2., _E__.__0 ' cit-I P- 174' 59 called a habitual criminal if he has committed certain offenses previously mentioned not less than twice which are punishable for a period not less than six months. This kind of relegation is a preventive measure rather than punishment. At the present time, the American Congress of Correction advocates the use of the indeterminate sentence administered by qualified personnel.104 When the indeterminate sentence is used, there is no need for a habitual criminal statute. However, the indeterminate sentence should be used only when there are qualified personnel. In order to understand more about the nature of the habitual criminal,105 two points of view will be presented here, each supplementing the other: Mabel Elliot stated that the studies of the Gluecks and others indicate that only a few of the recidivists seem to be markedly dangerous. A majority of the recidivists who comprise a great proportion of convicted criminals either had unfortunate . . . . . 106 home Circumstances or were maladjusted in school or in vocation. 104 . . . . . American Correctional Assoc1ation, Proceedings (Denver, Colorado: American Correctional Association, 1960). p. 487. 105 . . . . The writer of this theSlS uses the term habitual offenders and habitual criminals interchangeably here. Cavan said that habitual criminals are created by statutes for those who have committed crimes repeatedly for a certain number of times while habitual offenders are a general term applied to all recividists. Ruth Shonle Cavan, Criminology (New York: Thomas Y. Crowell Co., 1956), p. 204. 106 . . . . Mabel A. Elliot, Crime in Modern Soc1ety (New York: Harper and Brothers, 1952), p. 116. 60 Santisiri, a Thai writer, wrote about the results of a survey of relegation that was made in England in 1928. Approximately 80—90 per cent of the habitual criminals who were released from relegation were convicted of new crimes again. Only about 10 per cent of them were not convicted for any new crimes. This shows that some of them could still be rehabilitated.107 These two different points of view show that not all habitual criminals are dangerous. Furthermore, these studies suggest there is some hope of rehabilitating them. In the year 1959, there were approximately 606 males and 5 females in Thailand sentenced as habitual criminals.108 It wouki be beneficial if the case histories of these habitual criminals were examined and a follow—up study were made to see the results of such treatment. If there were an adequate classification system, some of the habitual criminals might be found to need treatment in other institutions. In the federal prisom system in the United States, a recalcitrant inmate at Alcatraz, the super-maximum security prison, who shows signs of improvement may be transferred to some other penitentiary . . . . . 109 upon recommendations of the claSSification committee. 107Santisiri, Criminology, VOl- 2' BEL—EiEf' p. 181' 108Department of Corrections of Thailand, "Prisons in Thailand," Document No. 1 (Bangkok: Department of Corrections, 1960), p. 10. ' 109U. S. Bureau of Prisons, Alcatraz (Washington, D.C.: Bureau of Prisons), p. 9. 61 Probation. Probation is defined by the National Probation and Parole Association in the U.S. as the release of a convicted offender without imprisonment subject to con- ditions imposed by the court and supervision by the probation officer.110 In other words, probation is the suspension of punishment plus supervision. As has been previously stated, the five types of punishment in Thailand specified in the 1956 Thai Penal Code are death sentence, imprisonment, confinement, fine, and forfeiture of property; relegation for habitual criminals is not a punishment but, rather, a measure of safety. Probation is classified in the 1956 Thai Penal Code not as a type of punishment but as the suspension of punishment plus supervision. The writer of this thesis would like to have probation in Thailand considered next to confinement (in the Thai sense) in severity. In Thailand when a person commits an offense punish- able by imprisonment not exceeding two years and if it is the first offense or an1 offense committed by negligence or if it is a petty offense, the court may place the person on probation. In doing this the court considers the age, past record, behavior llONational Probation and Parole Association, Standard Probation and Parole Act (New York: National Probation and Parole Association, 1955), p. 2. 62 intelligence, education and training, health, condition of the mind, habit, occupation, and environment of the offender or the nature of the offense, or other extenuating circumstances. The person is placed on probation for a period not exceeding five years. If within this probation period such a person has completed his probation satisfactorily, he will be released from probation.lll At the time of writing this thesis, probation as defined by the Standard Probation and Parole Act above is not practiced in Thailand. This can be seen from the chart on page 11 of this thesis, "Organization of the department of corrections of Thailand." There is parole and pardon section but no probation section for the adult offenders. The reason for not having probation in Thailand at the time of writing this thesis is that probation officers have not yet been recruited. The writer feels that probation should be used in Thailand. The use of probation with good pre- sentence investigations would increase professionalization and individualization in the treatment of offenders. Probation has many advantages which would help the correctional system in Thailand. The pre—sentence investigation guides the court in the disposition of sentence. The information in the pre— llLuang Dulya Sathya Patived, trans., The Penal Code of Thailand, 1956, op. cit., pp. 27-29. 63 sentence investigation is a basis for the probation officer to supervise the probationer in case the court places him on probation. If the person is sentenced to imprisonment, the pre—sentence investigation is a basis for further classification. If the person is released on parole, the pre-sentence investi- gation, along with the progress report from the prison, provides information to the paroling authority in considering the granting of parole and to the parole officer in supervising the parolee.112 Thus probation, prison, and parole are a continuous treatment process. In addition to pre-sentence investigation, the advantages of probation may be deduced from the conditions of probation as follows: 1. The probationer will avoid injurious or vicious habits. 2. The probationer will avoid persons or places of dis- reputable or harmful character. 3. The probationer will report to the probation officer as directed. 4. The probationer will permit the probation officer to Visit him at his home or elsewhere. 5. The probationer will work faithfully at suitable employment. 6. The probationer will remain within a specified area. 7. The probationer will pay a fine or court costs. 8. The probationer will make reparation or restitution to the aggrieved party as determined by the court. 9. The probationer will support his dependents.113 112Charles L. Chute and Marjorie Bell, Crime, Courts, and Probation (New York: Macmillan Company, 1956), p. 139. 113 National Probation and Parole Association, Standard Probation and Parole Act, op. cit., p. 27. 64 From these general conditions of probation, it can be seen that the probationer is released without imprisonment. He also works and may be required to pay a fine, court costs, reparation, and restitution to the injured party; he may support his dependents. The most important consideration of all in granting probation to the offender is that the offender, from the pre—sentence investigation report, is likely to be more successful on probation than in the institution.114 So much has been mentioned about the advantages of probation that the adverse effect of probation should be stated here. When probation is administered carelessly, it becomes a liability rather than an asset to the community.115 Offenses Committed by the Offenders. During the year 1959, there were 28,694 convicted prisoners and prisoners pending appeal in Thailand. The offenses committed are shown in Table II. Table III shows the length of sentences of the prisoners received from the courts during the year 1959. Age and sex characteristics are displayed in Table IV. 114Ibidol p. 210 115Jay Rumney and Joseph P. Murphey, Probation and Social Adjustment, quoted by Alfons T. Wahl, "Probation and. Parole in Germany," Journal of Criminal Law and Criminology, 18:3, September, 1954,. P. 38. 65 TABLE II NUMBER OF PRISONERS BY OFFENSE AND SEx, 11 YEAR 1959 No. Offense Male Female Total Per cent 1. Against the King, the Queen, the Crown Prince and the Regent 9 l 10 .03 2. Against internal security of state 9 — 9 .03 3. Against external security of state 1 - l - 4. Against the relations with foreign states — - - - 5. Against officials 362 8 370 1.29 6. Misfeasances in office 86 2 88 30 7. Against officers of justice 336 11 347 1.20 8. Against administration of justice 43 - 43 .14 9. Against religion 5 — 5 .01 10. Against public peace 47 - 47 .16 11. Against public security 152 9 161 .55 12. False money 31 - 31 .11 13. False seals, stamps and bills 16 - 16 .05 14. False documents 162 5 167 .58 15. Against trade 39 6 45 .16 66 TABLE II (Continued) Course Male Female Total Per cent Sexual offenses 1,103 69 1,172 4.08 Mortal injury 2,250 38 2,288 7.97 Bodily injury 3,500 47 3,547 12.36 Abortion 8 2 10 .03 Neglect of the child, the sick or the aged - — - _ Against liberty 31 6 37 .13 Disclosure of private 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. secret 2 — 2 - Defamation 25 l 26 .09 Theft 6,958 219 7,177 25.01 Snatching 325 6 331 1.15 Extortion 64 — 64 .22 Blackmail ll - ll .04 Robbery 688 4 692 2.41 Gang-robbery 1,427 2 1,429 4.98 Fraud 320 29 349 1.22 Cheating the creditors 27 2 29 .10 Misappropriation 365 22 387 1.35 Receiving stolen property 3,918 56 3,974 13.85 Mischief (damaging or destroying property) 135 3 138 .48 Trespass 108 2 110 .38 67 TABLE II (Continued) No. Offense Male Female Total Per cent 36. Petty offenses 68 l 69 .24 37. Opium Act offenses 2,841 83 2,924 10.19 38. Alcoholic Act offenses 26 5 31 .11 39. Gambling Act offenses 573 71 644 2.24 40. Revenue Act offenses 37 — 37 .13 41. Customs Act offenses 10 2 12 .04 42. Military Conscription Act offenses 273 - 273 .95 43. Firearms Act offenses 332 1 333 1.16 44. Communist Act offenses - — — - 45. Newspaper and Press Act offenses l — 1 - 46. False checks offenses 96 9 105 .37 47. Other Acts 1,134 18 1,152 4.00 Total 27,954 740 28,694 100. 116 Department of Corrections of Thailand, Annual Report 1959, op.cit., pp. 97-101. 68 TABLE III 117 PRISONERS CLASSIFIED BY LENGTH OF SENTENCE AND SEX No. Length of sentence Male Female Total Per cent l. Confinement in lieu of fine 18 — 18 .06 2. Confinement not more than three months 11 - 11 .04 3. Imprisonment less than six months 13,887 495 14,382 50.12 4. Imprisonment from six months to one year 7,388 140 7,528 26.24 5. Imprisonment from one to two years 2,427 52 2,479 8.64 6. Imprisonment from two to five years 1,600 30 1,630 5.68 7. Imprisonment from five to ten years 1,444 16 1,460 5.09 8. Imprisonment from 10 to 15 years 658 6 664 2.31 9. Imprisonment from 15 to 20 years 344 — 344 1.20 10. Imprisonment from 20 years upward 14 — 14 .05 11. Life imprisonment 133 - 133 .46 12. Death sentence 30 1 31 .10 Total 27,954 ‘740 28,694 100. 117 Source: Department of Corrections of Thailand, Annual- Report 1959, p. 103. 69 TABLE IV 118 CHARACTERISTICS OF PRISONERS BY AGE AND SEX AT THE END OF THE YEAR 1959 Age Male Female Under 20 years 2,050 27 20 - 25 years 4,593 76 26 - 30 years 4,609 50 31 - 35 years 3,588 54 36 — 40 years 2,596 35 41 - 45 years 1,950 25 46 — 50 years 1,299 15 51 - 55 years 762 7 56 — 60 years 309 8 Over 60 years 147 4 Total 21,903 301 118Source: Department of Corrections Of Thailand'.§EEE§l' Report 19 59 I p. 107. 70 The three tables presented on pages 65-69 will be discussed here. From Table II, the preponderance of crimes against property (receiving stolen property 3,974 persons or 13.85 per cent, theft 7,177 persons or 25.01 per cent), crimes against the person (mortal injury 2,288 persons or 7.97 per cent and bodily injury 3,547 persons or 12.36 per cent), and crime against the Opium Act (2,924 persons or 10.19 per cent), indicates the need for the development of prevention and treat- ment programs directed toward these crimes problems. From the case histories of the persons who create these crime problems, the causes that tend to produce such crimes could be examined and analyzed for the direction that the preventive measures should take. Offenses against the Opium Act were fourth in frequency in Thailand. Opium addicts are treated in the prison hospitals.119 Hospital treatment is in accordance with the belief that drug addicts are sick people who must be cured emotionally and physically.120 Opium addiction is not the main problem of drug addiction in the United States. Instead, most of the 119 ' . . Department of Corrections of Thailand, Annual Report 1959, op. cit., p. 30. 120 . . . . . . National Probation and Parole Assoc1ation, Guides for Sentencing (New YOrk: National Probation and Parole Association, 1957), p. 59. 71 problems of drug addiction in the U. S. involve heroin and . . 121 marihauna, and the former drug is at the heart of the problem. The trend of treatment for drug addicts in the U. S. is . . . . . 122 hospital and clinical care plus careful parole superViSion. If drug addicts still need hospitalized treatment after release, it is the duty of the parole officers to see that this is done. With regard to the length of sentence, as seen in Table III, the data available do not permit the computation of the average length of sentence of prisoners in Thailand. In 1959 approximately 50 per cent of the prisoners in Thailand received sentences of less than six months; 26.24 per cent received from six months to one year, 8.64 per cent from one to two years, 5.68 per cent from two to five years, and 5.09 per cent from five to ten years. The percentage decreased as the years of imprisonment increased. In comparison, 35.1 per cent of the federal prisoners . . 123 in the U. S. in 1959 were sentenced to one year or less, and 64.9 per cent were sentenced to more than one year. The majority of federal prisoners had sentences that ran from l . 12 Richard H.‘Kuh, "A Prosecutor's Thoughts Concerning Addiction," Journal of Criminal Law and Criminology, 52:3, September-October, 1961, pp. 321-27. lzzIbid. 123U. S. Bureau of Prisons, Federal Prisons (Washington, D.C.: U. S. Bureau of Prisons, 1959), p. 56. 72 under six months to under ten years.124 The per cent distri- bution of the length of sentence federal prisoners received from the courts in 1959 is as follows: .02 per cent received a fine; 15.2 per cent received sentences of less than six months, 19.7 per cent six months to under one year and one day, 6.9 per cent one year and one day, 10.9 per cent more than one year and one day to under two years, 13.3 per cent from two years to two and a half years, 12.0 per cent more than two and a half years to under five years, 8.6 per cent from five years to under ten years, 3.3 per cent ten years and over. Considering these percentages, it can be seen that the percentages do not differ much from under six months to under ten years. The range of percentages in the categories from under six months to under ten years is from 6.9 per cent to 19.7 per cent. Approximately 1,000 to 3,500 federal prisoners were in each length—of—sentence category from under six months to under ten years. This comparison shows that the majority of prisoners in Thailand received shorter sentences than the majority of federal prisoners in the U. S. In 1959 approximately 90 per cent of the prisoners in Thailand received sentences of less than five years, contrasted with 78 per cent of the federal 124Ibid. 125Ibid. 73 prisoners who received such sentences in the U. S. About 50 per cent of the prisoners in Thailand received sentences of less than six months as contrasted to 15 per cent of the federal prisoners under such sentences. The Thai data avail- able to the writer do not permit the computation of the average sentence. The average sentence of all offenses of the . . 126 U. S. federal prisoners in 1959 was 66 months. The average sentence of federal prisoners released for the first time on their sentences was twenty-six months, and the average time . 127 . served for first offenders was 16.7 months. This knowledge of the average sentence can be helpful in planning training and treatment programs. Shorter sentences of the majority of prisoners in Thailand may mean that many prisoners in Thailand are not serious offenders and could be considered for probation. A warden in the U. S. once said that nearly half of the offenders . . . . 128 in his prison could have done well on probation. Short term imprisonment is not feasible in practice because there is not sufficient time for treatment. Short term imprisonment 126 . . U. S. Bureau of Prisons, Federal Prisons, 1959, op. cit., p. 46. 127Ibid., p. 64. 8 . . . . . 12 Charles L. Chute and Marjorie Bell, Crime, Courts, and Probation, op. cit., p. vii. 74 may also mean that the offenders do not really need a prison sentence except as a shock period. Substitutes for imprison- ment, such as suspended sentence, probation, fine and extra- mural labor that do not deprive liberty, should be used instead.129 The length of sentence is another problem in the treat— ment of offenders. The optimum time that an individual priSoner should serve for his training and treatment has been suggested by the N.P.P.A. (National Probation and Parole Association) through the use of indeterminate sentences. There are many kinds of indeterminate sentences ranging from the type in which the judge fixes no maximum or minimum, or the type in which the judge fixes only maximum within the limit of the law but no minimum, to the maximum and minimum fixed by the judge.130 The indeterminate sentence should be used only When there are sufficiently qualified personnel in correctional work. These personnel include psychiatrists, psychologists, physicians, social workers and other institutional personnel, l 9 . . 2 Edna Mahan, "Second United Nations Congress on the Prevention of Crime and Treatment of Offenders," Proceedings of the American Correctional Association, 1960, p. 46. 130 . . . . . G. I. Giardini, The Parole Process (Springfield, Illinois:. Charles Thomas, 1959), p. 293, and National Conference on Parole, Parole in Principle and Practice, A Manual and Report (New YOrk: National Probation and Parole Association, 1957), PP. 72-73. 75 and probation and parole officers. At present there is no absolute indeterminate sentence (no maximum or minimum) in . 131 . . . the United States. Usually the indeterminate sentence is not used in misdemeanors or most serious felonies such as . . . . 32 arson, train-robbery, kidnapping, and sexual perverSion. In Michigan only first degree murder is barred from the indeterminate sentence.133 Principle XV, adopted by the 1960 American Correctional Congress, stated that the indeterminate sentence administered by qualified personnel is the best solution in corrections . . . 134 . oriented toward crime prevention. There is no argument regarding the use of the limited indeterminate sentence in 135 . . the U. S. Rather, the argument concerns the absolute in- determinate sentence with no minimum or maximum limits. Robert G. Caldwell summarized the principal argument including 131Alfred C. Schnur, "Current Practices in Correction: A Critique," in Hans Toch, Legal and Criminal Psychology (New York: Rinehart and Winston, 1961), p. 301. 132 . . . Robert G. Caldwell, Criminology (New York: Ronald Press Co., 1956), p. 642. 133 . . . . . Michigan Department of Corrections, Your Michigan Corrections Department (Lansing: Michigan Department of Corrections, 1958), p. 16. 134 . . . . fl . American Correctional Assoc1ation, Declaration of Principles of the American Correctional Association," Proceedings, 1960, p. 487. 135Robert G. Caldwell, op. cit., p. 146. 76 his own opinion; the controversy and Caldwell's opinion are: l. The minimum limit of the indeterminate sentence prevents a sentimental or corrupt parole board from releasing a prisoner too soon before he is ready for release. The argument that a few states have abolished the minimum limit and have not abused the authority does not mean that the authority will never be abused. The interests and welfare of the inmate must be considered together with those of the . l 6 . . . . . . . public. It is unWise to permit the administrative machinery to operate without legal checks on its authority, especially when the existing institutional and parole systems are inadequate. The hardship that a few individuals who may be imprisoned too long will suffer is more than offset by the minimum limit . . . . 137 giVing protection to the public. 2. The argument in favor of the maximum limit of the limited indeterminate sentence is to prevent the parole board from abusing its authority by unnecessary imprisonment of the . . 138 inmates for terms too lengthy or for life. Although the members of the board are honest and competent, the tendency to abuse power by those who have it is great. Maximum time limit gives some check on authority even at the cost of 136 137 Ibid., pp. 642—43. Ibid., p. 643. 138Ibid. 77 . . . . . . 139 releaSing some prisoners who Will again commit crimes. Robert G. Caldwell concluded the above arguments with his own opinion that if the public wants to retain the maximum and minimum limits for their own protection, their opinion 140 . must be respected. He suggested further that a compromise between the advocates and opponents of time limits might be reached by having the court fix the minimum and maximum terms within the limits of the law and having the parole board petition the courts to modify the sentence in any particular . . . 141 . . cases when it is adVisable. In this way the sentence might be adjusted to the individual need without exposing society to the possible inefficiency or arbitrary action of the parole board. Sutherland said that at present it would not be desirable to remove these minimum and maximum limits. The administrative board must be more efficient than at present . . . 142 before it should be trusted With such authority. At present the sentence in Thailand is definite. If Thailand has sufficiently qualified personnel, the use of a limited indeterminate sentence should be the first step toward improve— ment and the compromising way as suggested by Caldwell of the 139Ibid. l401bid. , 141Ibid., p. 644. 142Edwin H. Sutherland and Donald R. Cressey, Principles of Criminology (Chicago: J. B. Lippincott Company), 1955, p. 555. 78 Parole Board petitioning the court to modify sentences in certain cases seems desirable. Sentencing structure, said the National Conference on Parole, "should provide a wide spread between minimum and maximum length of sentence within which the board of parole may operate." The National Conference on Parole also said that the minimum term should be short enough to permit sound release decisions. 43 Concerning the age group of the offenders in Thailand as seen in Table IV, on page 67, about 40 per cent of the prisoners in Thailand in 1959 were in the age group of twenty to thirty years, and 16.40 per cent were in the age group of thirty-one to thirty—five years. The percentage of the prisoners decreased as the age group increased. Comparing U. S. federal prisoners in 1959, out of 17,281 sentenced federal prisoners received from the courts, 2,923 federal prisoners were in the age group of twenty years and under; 3,442 federal prisoners were in the age group of twenty-one to twenty-five years; 2,534, twenty-six to twenty- nine years; 2,733, thirty to thirty-four years; 2,034, thirty- five to thirty-nine years; 1,361, forty to forty-four years; 982, forty-five to forty—nine years, and so on. The number 143 . . . . National Conference on Parole, Parole in Principle and Practice, A Manual and Report, op. cit., PP. 72-73. 79 . 144 of federal prisoners decreased as the age group increased. The median age of the federal prisoner for all offenses was 29.6 years.145 The median age of the prisoner in Thailand in 1959 was twenty—eight years.146 From this comparison, it can be seen that the majority of prisoners in Thailand and federal prisoners in the United States in 1959 were in the age group of twenty to forty-four years (73.38 per cent in Thailand and 70.04 per cent in the U. S. federal prisons). It should be noted that young offenders under twenty years of age in Thailand and under twenty-one years of age in the U. S. federal prisons constituted 9.36 per cent in Thailand and 20.61 per cent in the U. S. federal prisons. In terms of percentage, federal prisoners under twenty-one years of age were double those in Thailand; while prisoners in the age group of twenty-one years to forty—four years had approxi- mately the same percentage in both federal prisons and in Thailand: 70.04 per cent in the U. 3. federal prisons as contrasted to 78.38 per cent in the prisons in Thailand. 144 . . U. S. Bureau of Prisons, Federal Prisons, 1959, op. cit., p. 52. 145Ibid. 6 . 14 From Table IV, p. 69 approx1mately 50 per cent of the prisoners in Thailand were in the age group twenty-six to thirty. Therefore the median age was twenty-eight years. 80 Conclusion and Comparison with the Manual of Correctional Standards and with Selected Statistics on the U. S. Federal Prisoners. This chapter discussed the types of punishment in Thailand and the characteristics of offenders. In the three tables regarding the characteristics of prisoners in Thailand, it is shown that the most frequent offenses committed in Thailand in 1959 in their rank of order were: theft 25.01 per cent, receiving stolen property 13.85 per cent, causing bodily injury 12.36 per cent, violating the Opium Act 10.19 per cent, causing mortal injury 7.97 per cent, gang—robbery 4.98 per cent, and sexual offenses 4.08 per cent. Most of the prisoners in Thailand in 1959 (56.40 per cent) were in the age group twenty to thirty-five years; 78.38 per cent were in the age group twenty to forty-five years. The median age was twenty-eight. The length of sentence of most prisoners in Thailand was short. About half of them had sentences of less than six months, while half of the prisoners in the U. S. are not in prisons for more than twenty-two months.147 Approximately 90 per cent of the prisoners in Thailand had sentences of less than five years. Ninety-five per cent of them had sentences of less than ten years, and about 5 per cent of them had I47Alfred C. Schnur, "Prisoner Education, Prisoner Industry, and the Correctional Process," Proceedings of the Americaanris n Association, 1951, p. 26. 81 sentences ranging from ten years to life imprisonment or death sentences. Of the 90 per cent of prisoners in Thailand who had sentences of less than five years, many could be selected for probation. These five years are taken as a criterion from the Manual of Correctional Standards, which stated that the pro- bation period should be not more than five years, subject to extension.148 Comparing these statistics with federal prisoners in the U. S., the median age of prisoners in Thailand was slightly less than federal prisoners; the age was 28:29.6 years. Most of the offenses committed by federal prisoners in 1959 were larceny—theft, 7,460; violation of drug law, 4,092; forgery, 1,978; violation of liquor law, 1,801; and robbery, 1,147. The total federal offenses were 24,230.149 Offenses in Thailand and in U. 8. federal criminal cases that showed similarities in their frequency of occurrence were theft, drug law violation, and robbery. Offenses against persons (mortal and bodily injury) occurred more frequently in Thailand, whereas liquor law Violations and forgery occurred 148American Correctional Association, Manual of Correctional Standards, op. cit., p. 511. T49U. S. Bureau of Prisons, Federal Prisons, 1959, op. cit., p. 42. 82 . 50 more frequently in the U. S.1 The study of the most frequently committed crimes in Thailand and in the U. S. indicates that a majority of the crimes committed in the U. S. federal cases and in Thailand have an economic aspect. More occupations need to be provided in society and prisoners should be trained vocationally, educationally, and morally so that they will be equipped to live peacefully and constructively in society. The differences between the most frequent crimes in Thailand and in the U. S. federal cases may be affected by the different ways of living and different conditions of the countries. For example, the cause of more crimes against the person in Thailand may be the fact that people live more closely together than in the United States and as a result more personal con- flicts occur in Thailand. Forgery may be a predominant offense in the U. S. because people use more checks and documents in business transactions than in Thailand. At present the forged signature is the most prevalent form of documentary fraud in the U. S. Not infrequently the more intriguing form of forgery is to sign one's name above a genuine signature. Forgery may Ibe in handwritten, typewritten, or printed form. Forgery Inay be a combination of all of these. In the U. S. forgery is; often found in many documents including promissory notes, 150This comparison is taken from the first five Ofifienses that occurred most frequently in their rank of order. 83 acknowledgements of debt, securities and real estate documents, receipts for money, deeds, contracts and other forms of agree— ment, and even wills.151 These hypotheses, of course, require substantiated research. Similarities and differences of these characteristics can help in planning the crime prevention and treatment program in Thailand. Discussion of the types of corrections used in Thailand including probation, confinement instead of imprisonment, and relegation for the habitual criminals will be concluded here. Imprisonment as a type of punishment is partially discussed before and after this chapter; more correctly, imprisonment is treated throughout the thesis. The advantage of probation and the use of pre-sentence investigation have been discussed in this chapter. In conclusion it may be stated that in order to implement the 1956 Penal Code of Thailand, which provided for the suspended sentence including probation, probation officers must be recruited. The success of probation depends largely on the qualifications of the probation officers. The qualifications for probation officers suggested by the Manual of Correctional Standards CCNild be used for probation in Thailand. Qualifications 151David A. Black, "Forgery Above A Genuine Signature," EBNJrnal of Criminal Law and Criminology, 50:6, March—April, 84 suggested by the Manual include education and experience as well as personal characteristics: A. Education and Experience 1) Desirable: Completion of two years graduate study in an accredited school of social work, or comparable study in corrections, criminology, psychology, sociology and other related fields of social science, preferably with supervised field work and courses in corrections. 2) Minimum: Graduation from an accredited college or university with a major in the social or behavioral sciences and, in addition, one of the following: a. One year of graduate study in an accredited school of social work, or comparable study in corrections, criminology, psychology, sociology, and other related fields of social science; or b. One year of full time, paid casework experience under professional direction in a recognized social agency. B. Personal Qualities l) Emotional maturity, personal and professional integrity; the ability to establish effective inter- personal relationships; an honest conviction of the dignity and value of the individual; a belief in the capacity of people to change; a genuine interest in helping people. 2) 'Intellectual depth, maturity of judgment; warmth; a continuing interest in professional improvement.152 The qualifications for probation officers apply also . 153 . . to parole officers, because the nature of their work is the same: investigation, supervision, and treatment. The difference is that probation officers deal with the convicted offenders who are released without imprisonment, whereas the parole 152American Correctional.Association, Manual of CorrectionalfiStandards, op. cit., p. 515. 153 ' ‘ Ibid., p. 540. 85 officers deal with the convicted offenders who are released after imprisonment. Confinement instead of imprisonment for short term sentences and confinement in lieu of fine are relatively new in Thailand.154 The objective of such punishment to prevent the offender from unnecessary imprisonment has merit. The discipline in the confinement place is less strict than in the prison. For example, according to the 1956 Thai Penal Code, the persons under the punishment of confinement wear their own clothing, do their own work, receive visitors at least an hour a day, and receive and send letters every day. According to the administrative rules for the confinement centers, there are no instruments of restraint. At this initial stage in the establishment of confinement centers, a work program is needed to implement the objective, in addition to personal cleanliness and sanitation of the place, along with other programs of education and recreation for the rehabilitation and maintenance of prisoners. With regard to the habitual criminals housed in one institution, the question arises that if the classification process in Thailand is adequate, some habitual criminals may 154 . . . . . . . Confinement in the Thai sense had its inception in the 1956 Thai Penal Code. 86 need treatment in other institutions. This is a field where research should be conducted. The detailed treatmentof prisoners in Thailand is in Chapters V and VI. CHAPTER V THE TREATMENT OFFERED Standard Minimum Rules of the United Nations Applied in Thailand. It can be said fully that the treatment of prisoners in Thailand is in accordance with the Standard Minimum Rules approved by the Economic and Social Council of the United Nations.155 Historically, the treatment of the offenders had become of interest internationally before World War II. This interest was evidenced by the creation of a committee called "The International Penal and Penitentiary Committee" or IPPC. This committee was created by the League of Nations in the year 1935.156 The function of the committee was to draft rules for the treatment of the prisoners. The objective of the rules was the humanitarian treatment of prisoners. The use of instruments of restraint was strongly disapproved by the committee except for the dangerous prisoners. The provision of after—care to assist released prisoners in 157 their eventual rehabilitation was recommended by the committee. This humanitarian principle for the treatment of prisoners came q 5 15 Suwan Ruenyos, The Treatment of Offenders (Bangkok: Department of Corrections of Thailand, 1960), p. 18. 156 _ Department of Corrections of Thailand, Annual Report 1955, op. cit., p. ii. 157Ibid. 87 88 from the realization that the vindictive and retaliatory method of "an eye for an eye and a tooth for a tooth" without pro- viding any educational, vocational, moral, and Spiritual improvement did not reform the prisoners.158 Instead it made the prisoners become more hardened, which was not good for either the prisoner or society, since sooner or later the prisoner would be released. After World War II the Economic and Social Council of the United Nations approved Standard Minimum Rules for the Treatment of Prisoners and Selection of Personnel and distri- . . . . 159 buted these Standard Minimum Rules to its member nations. It was recommended by its members that the United Nations arrange for a world congress on the prevention of crime and the treatment of offenders every five years and a seminar on the prevention of crime and the treatment of offenders in the various regions of the world every two years. 0 There have been such seminars held in various regions of the world. Latin— American countries held a seminar at Rio de Janeiro in the year 1953; the Arab countries held a seminar at Cairo in 158Suwan Ruenyos, The Treatment of Offenders (Bangkok: Department of Corrections of Thailand, l960),pp. 13—14. 159 ’ United Nations, Standard Minimum Rules for the Treatment of Prisoners and Selection of Personnel (New York: American Correctional ASsociation, 1957), pp. 3—4. 160 ‘ . ' Suwan Ruenyos, The Treatment of Offenders, op. c1t., p. 15. ' 89 the same year; the Asian and Far Eastern countries held a . . 161 seminar at Rangoon in the year 1954. Effects on Thailand of Seminars for Asia and the Far East on the Prevention of Crime and the Treatment of Offenders. There have been two such seminars for Asia and the Far East countries. The first seminar was held in Burma in 1954; the second in Japan in 1957. From the first seminar, the United Nations Standard Minimum Rules for the Treatment of Prisoners and Selection of Personnel have been adopted for practice in Thailand.162 'In the Standard Minimum Rules three major principles for the treatment of offenders are expressed. One, the purpose of imprisonment is to protect society by taking away the liberty of the prisoners and separating them from society. During the time of imprisonment, the prisoners must be provided vocational, educational, and moral training so that they will be able and willing to live a useful and responsible life after release and not resort to committing crime again. Two, the treatment must be individualized according to individual need. Three, in the administration of a prison it is desirable that prison life should be made as much as possible like normal life outside, 161 . . ' Department of Corrections of Thailand, Annual Report 1957, op. cit., p. 139. 1 2 6 Ibid. \..\ AI...c\ .I.« 5 <1 \ .\ I... .\ \ -.. 90 which will establish in the prisoner a sense of responsibility . . 163 . . . and human dignity. In this Seminar, a medical center for . 164 the prisoners was suggested. The second seminar on the prevention of crime and the treatment of offenders was held in Japan in 1957. In this second seminar four problems were discussed: juvenile delinquency, prostitution, prison labor, and the implementation 165 of Standard Minimum Rules. Juvenile Delinqpency. Causes for increasing juvenile delinquency in Asian and Far Eastern countries were discussed in this seminar. Emphasis was given to: (l) The evacuation of the population from rural areas to urban areas. This evacuated population into urban areas includes juveniles and youths who have fled from their parents. These youths who come into urban areas are cheated by employers, and sometimes they are introduced to anti-social conduct such as prostitution and the sale of narcotic drugs. (2) The inadequacy of educational service to meet the need of juveniles and youths. This inadequacy 163United Nations, Asia and the Far East Seminar on the Prevention of Crime and the Treatment of Offenders, Rangoon 25 Oct.—6 Nov. 1954 (New York: U.N. Bureau of Social Affairs, 1955), p. 34. 16411314 . 16SlDepartment of Corrections of Thailand, Annual Report 1957, op. cit., pp. 139-42." Also, United Nations, International Review of Criminal PolioyiNo. 11 (New York: U.N. Bureau of Social Affairs, 1957), p. 94. 91 includes social and cultural organizations. (3) The weakening of influence of religion on youths; youths have less interest and respect for religion as a consequence of the influence of the new environment. (4) The rapid change of society which affects economics,industry, society, and culture. Customs, morals, and homogeneity of society have degenerated. (5) The changing society lessens the influence of parents on children. The respect of children toward adults has deteriorated.166 After discussing the causes of delinquency at the seminar, the plan for prevention was considered. It was suggested that the plan should be national in scope to coordinate the work of all related agencies. The plan should not be limited to any specific problem but should cover both the economic and social problems as a preparation for the changing society. The plan includes city and town planning, location of factories, control of the evacuation of population, control of mass media which will endanger youth's morals or lead him to undesirable behavior, and governmental provision for adequate educational, cultural, and religious services. The national plan for education should place emphasis on the development of social, moral, and vocational guidance.167 . 6Department of Corrections of Thailand, Annual Report 1957, ibid., p. 144. 167Ibid. 92 The members of the seminar also discussed the necessity of improving the family so that it will be secure and adequate for the physical and mental development of the child. Although it was admitted that during this period of life society is changing rapidly and that it is the period in which the juveniles and youths will have more associations with friends outside : the home, the causes that will induce them to find more pleasures outside homes are significantly dependent upon the condition of the family. It is therefore necessary to promote and support the family. The police also have a significant role in the prevention of delinquency, and their success depends upon good relationships with the public. The police must win the public's good will by participating in the public local affairs.168 Members of the seminar reached the conclusion that research is essential in national planning. It would help to insure that the plan for the prevention of delinquency is con- comitant with local and national conditions and needs. Research is the means by which the coordination of all related agencies can be secured.169 The members of the seminar agreed that there is no single plan which will wholly prevent delinquency. It is 168 ’ 169 Ibid., p. 145. Ibid. 93 necessary that the juvenile himself be controlled concomitant with the above plan. Such control is done by physical and . . . . 170 men'tal examination of the juvenile. These suggestions by the members of the seminar on the prevention of crime and the treatment of offenders for Asia . . . 171 and the Far East have already been realized in Thailand. As for the national plan for the prevention of delinquency, . . ' . 172 there is no such direct procedure and establishment. How- . . . 173 ever, there are some plans Similar to the national plan. For example, the work of the national social work committee iIlczludes the problem of juvenile and youth offenders in its Welfare section for youths, and the work of the crime research Committee includes the problem of delinquency in its research by coordinating with other related agencies.174 The work of these two committees should be continued and further developed. In addition to the work of these committees, the department of Public welfare now gives welfare service to juveniles who are Poor and have no one to turn to or have no shelter. The department of public welfare also provides educational and Vocational training to these juveniles. The objective of these . . . _ . 175 measures is to prevent the juveniles from anti-soc1al conduct. \ 1 1 . 172 17011515. 7 Ibid. Ibid. 1 4 173Ibid. 7 Ibid. l751bid. 94 The movement of the population from rural to urban arteas is an acute problem in Thailand. The movement of the pcqpiilation from the northeastern part of the country to Bangkok, thee capital of Thailand, is an urgent problem which the cheEDEartment of public welfare has controlled by contributing 176 to ‘hhe welfare of these people. From the above, it can be seen that the problem of normal life outside. Thetmm of these three main objectives can be seen operating tfluoughout the discussion of the thesis. vocational, educa- tionaL and moral training is in accordance with the first It cannot be fully said that Thailand has indivi- objective. The classification dualized treatment, the second objective. process and the orientation program are described in detail for the implementation of individualized treatment of the prisoners in Thailand. The third objective of prison treat— ment that life in prison should be similar to normal life out- side is illustrated by the explanation of the living conditions of the prison in Thailand; living conditions are arranged in accordance with the standard of the locality of that prison. {fliis is especially true in the aspect of food. However, if Enibljr: good will is to be maintained, care must be taken that lifka in prison must not seem higher than the normal life outside. Illustrations to prove this point are the use of 'telenrision being questioned by the press and the prisoner's reluctance to leave the prison because of better food in the jprxiscni than in his own locality. This reluctance could be corrected by inculcating in the prisoner a sense of social responsibility. .An example of mutual benefit taken from corrections in Thailand and in the U. S. is moral training by the 211 requirement of each prisoner to memorize the basic moral principles of his own religious faith in Thailand and group counseling including group therapy in the U. S. These kinds of moral training and individual and group counseling, along with other constructive activities should be used in the prison, in the pre-release unit, or in camps. The employment of parole conditions, as cited from Michigan, as a measurement of the parolee's behavior provides another perspective of parole conditions which shows that the conditions are not merely set up for pure restrictions, but also for helping and evaluating the parolee in his adjustment to life outside. An illustration of the way the writer compares corrections in Thailand with the U S. Bureau of Prisons and Michigan corrections in Chapter VII may be seen from the comparison of the prison system. Although the prison system in Thailand is integrated and classified, it is not adequate. From the discussion of the federal prison system, the writer points out that there should be more institutions for youths and there should be a medical center in Thailand. From observation of Michigan institutional facilities, it is suggested for Thailand that some of these institutions for 3mmiths should emphasize academic training and some should lemphasize technical training. This method of comparison is applied ixxthe appropriate places throughout Chapter VII 212 of the thesis . Besides the value of the general discussion of corrections ill TTuailand compared with standards represented by American professional correctional associations and with some selected (norrexrtional programs in the U. S., the presentation in this thenyis of statistics on crime and offenders in Thailand might prtnna useful to those who are interested in international statistics on crime; these statistics could be used for further research. In addition to the specific recommendations as referred to above regarding the prison system, probation, treatment, and parole, many problems are revealed for future study: (I) The suggestion is made that publications regarding custody and treatment in each institution are needed and should be written by wardens or other institutional personnel. (2) Thailand has many types of treatment; how good these various kinds of treatment are for different kinds of offenders iSIKKLknown due to lack of research. The relative proportion of muxmss and failure of each kind of treatment (probation, confhument, prison, parole) and the factors that affect mnmesscm'failure should be studied. (3) Evaluation and perbmhral re-evaluation of correctional practices in TMfliamiwith the Manual of Correctional Standards should be 213 . . . . , 437 conducted: the Manual inVited international evaluation fcu: tkme acceptance or modification of its principles. Self— eavaJJiatxion.would help in the improvement of correctional practices. (4) In the formulation and the direction of research, the use of the experiences of institutional personnel and probation and parole officers would be of material use- fullness. The writer is surprised to find that Robert H. Scott's :statement about changes in adult corrections is the same as the conclusion of the writer, although the contents in his 438 _ , , , . chapter and in this theSlS are quite different. The conclusions are the same, except for a few which are added in parenthesis by the writer of this thesis and the last item which is taken from the U. S. Bureau of Prison's Annual Report 1960. These changes in adult corrections are: l. The development of classification for treatment (as well as custody). The introduction of psychiatry and psychology as bearing upon concepts of causation and treatment. 3. Emphasis upon education and Special programs including the Chaplaincy, recreation, and other activities, such as radio and television. The development of the indeterminate sentence (only when there are adequately qualified personnel).439 437 American Correctional Association, Manual of Cornxmional Standards, op. cit., pp. 592-93. 438 Robert H. Scott, "The Youthful Offender: "An IUlusUation of New Developments in Correction," Legal and Criminal Psychology, <33- cit., p. 325. 439 ' Parenthesis except item 1 indicates recommendations bytmevmiter of this thesis. in Hans Toch, 214 5. Improved standards of selection and training of personnel. 6. Civil service and merit systems. 7. Reorganized Departments of Corrections to include probation and parole services. 8. Development of camp programs. 9. Introduction of counseling services to institutions. 10. Improved standards and greater use of probation (and parole). 11. Increased use of the pre-sentence investigation to determine proper disposition.440 12. Greater use of community resources and research to evaluate programs and methods; and experiments with newer techniques in the light of changing conditions and advancement of knowledge.441 These twelve items are the substance of this thesis. This thesis is concerned with corrections, not with crime causation. The reader is reminded here that all of the treat- ment practices described in Chapters V and VI should not be applied in the same degree to all prisoners. Some prisoners may need intensive psychiatric and psychological treatment: some may need more educational and vocational training. Others . may need only moral training and counseling for changing attitudes. George B. Vold mentioned in this regard that the cmdinaryjprison population may be characterized into three segments: 1. The psychologically disturbed. 440Loc. cit. 441 U. S. Bureau of Prisons, Federal Prisons (Washington, ILC.: U. S. Bureau of Prisons, 1960), p. 23. 215 The unskilled and uneducated. The psychologically normal and educationally average who identify with a non-law-abiding way of _ 442 life. Ifiuase tflrree segments of the prison population support the atmnna statement that not all prisoners need the same kind of treatment. This thesis is intended to be as useful a tool as jmossible to all concerned with corrections. Definitions, objectives, criteria, methods, examples, and correctional practices have been presented. Some of these are discussed in the body of the thesis; others are summarized or quoted in the Appendices. Suggestions are made regarding needed crimino- logical research as well as possible changes in the correctional process. Several other studies, along lines similar to this one in such areas as custody, physical correctional architecture, and clinical treatment, would supplement what the writer has done. Experienced and competent Thai authorities in these fflelds could prepare such studies. This thesis will fulfill itspnupose if it contributes to the protection of society and1flm rehabilitation of offenders; protection of society 442 George B. Vold, "Does the Prison Reform?" The Numlscf the American Academy of Political and Social Science, op. cit., p. 49. 216 nuist: aJJMays be kept in mind when rehabilitating offenders. Tfiuis tfliesis is intended to serve as a stepping-stone for thirtiuer research and planning in developing the most effective and efficient correctional system in Thailand. This thesis is also intended to contribute to the literature and theory of cxmnparative corrections. Through the comparative analysis of cxxrrectional systems, all correctional systems can benefit since sindlarities and differences are revealed by such studies. Research can determine the relative effectiveness of the various ways of treating convicted law violators. Some problems for future research have been suggested in this chapter. Use of such knowledge gained from research could mean that more prisoners would be rehabilitated more rapidly and become more self-sufficient. Correctional efficiency is crime prevention both because the rehabilitated offender does not commit crime again and because it helps prevent the further development and spread of crime among other people who arecfixectly associated with the released and rehabilitated offender. BIBLIOGRAPHY A . BOOKS In Thai Language Patived, Luang Dulya Sathya, translator. The Penal Code of Thailand. Dhonburi: Sootisan Publishing Company, 1957. Ruenyos, Suwan. The Treatment of Offenders. Bangkok: Mahathai Publishing Company, 1960. Santisiri, Chaicharoen. Criminology,Vol.2. Bangkok: Thaipitya Publishing Company, 1959. Vichailuck, Satien. Act on the Organization of the Ministries and Departments of Thailand. Bangkok: Nitivet Publishing Company, 1960. Vichailuck, Satien. Compilation of Rules and Regulations of the Department of Corrections of Thailand. Bangkok: Nitivet Publishing Co., 1949. In English Language Alexander, Myrl E. Jail Administration. Springfield, Illinois: Charles C. Thomas, 1957. American Correctional Association. Manual of Correctional Standards. New York: American Correctional Association, 1959. American Prison Association. Handbook on Classification of Correctional Institutions. New YOrk: American Prison Association, 1947 Ehrnes, Harry E. and Teeters, Negley K. New Horizons in Criminology. Englewood Cliffs, New Jersey: Prentice— ,Hall, Inc., 1961. maumtt, James V. A Briefing_for Lawyers on Prisons. Connecticut: Yale University Law School, 1960. 217 218 Eheflmk,fielix P. The Casework Relationship. Chicago: Loyola maversity Press, 1957. Caldwell, Robert G. Criminology. New York: Ronald Press Co., 1956. mmh Shonle. Criminology. New York: Thomas Y. Crowell Co., 1956. Cavan, Christuh Hugh G. "Custody, Security and Control," in Impartment of Corrections of Thailand. In-Service Training Report. Bangkok: Department of Corrections, 1959. Charles L. and Bell, Marjorie. Crime, Courts, and Chute, Probation. New York: Macmillan Company, 1956. Clemmer, Donald. 'The Prison Community. New Ybrk: Holt, Rinehart and Winston, 1958. Elliott, Mabel A. Crime in Modern Society. New York: Harper and Brothers, 1952. Giardini, G. I. The Parole Process. Springfield, Illinois: Charles Thomas, 1959. Parole in Principle and Practice, National Conference on Parole, National Probation ,A Manual and Report. New York: and Parole Association, 1957. National Probation and Parole Association. Guides for Sentencing. New York: National Probation and Parole Association, 1957. National Probation and Parole Association. Standard Probation arui Parole Act. New York: National Probation and Parold Association, 1955 . "Current Practices in Correction: A in Hans Toch. Legal and Criminal Psychology. Rinehart and Winston, 1961. Schnur, Alfraic. Critique , ' New York: Scott, Robert H. "The Youthful Offender: An Illustration of New Developments in Correction, " in Hans Toch. :Lexgal and Criminal Psyghology. New York: Rinehart arufl Winston Inc., 1961. 219 Sutherland, Edwin H. and Cressey, Donald R. Principles of Criminology. Chicago: J. B. Lippincott Co., 1955. Taft, Donald R. Criminology. New York: The Macmillan Co., 1961. Tappan, Paul W. Contemporary Correction. New York: McGraw- Hill Book Company, Inc., 1951. United Nations. Asia and the Far East Seminar on the Prevention of Crime and the Treatment of Offenders, Rangoon 25 Oct.-6 Nov., 1954. New York: United Nations Bureau of Social Affaris, 1955. United Nations. International Review of Criminal PolicLNo. ll. New York: United Nations Bureau of Social Affairs, 1955. United Nations. Standard Minimum Rules for the Treatment of Prisoners and Selection of Personnel. New YOrk: American Correctional Association, 1957. B. PUBLICATIONS OF THE GOVERNMENT In Thai Language Department of Corrections of Thailand. Annual Report. Bangkok: Department of Corrections, 1955. Department of Corrections of Thailand. Annual Report. Bangkok: Department of Corrections, 1956. Department of Corrections of Thailand. Annual Report. Bangkok: Department of Corrections, 1957. Department of Corrections of Thailand. Annual Report. Bangkok: Department of Corrections, 1959. Department of Corrections of Thailand. Ministerial Rules Issued by Virtue of the Penitentiary Act 1936. Bangkok: Department of Corrections, 1937. Department of Corrections of Thailand. The Penitentiary Act of Thailand. Bangkok: Department of Corrections, 1936. 220 Department of Corrections of Thailand. Regulations on Parole. Bangkok: Department of Corrections, 1953. Department of Corrections of Thailand. Report on the In- Service Training. Bangkok: Department of Corrections, 1959. Department of Corrections of Thailand. Report on the Prime Minister's Speech Given on the Occasion of the Release of the Detainees. Bangkok: Department of Corrections, 1961. Department of Corrections of Thailand. pral Decree on the Opganization of the Department of Corrections. Bangkok: Department of Corrections, 1959. Department of Corrections of Thailand. Rules and Regulations for the Persons Under the Punishment of Confinement. Bangkok: Department of Corrections, 1957. In English Language Michigan Department of Corrections. Annual Report. Lansing: Michigan Department of Corrections, 1957. Michigan Department of Corrections. Annual Report. Lansing: Michigan Department of Corrections, 1958. Michigan Department of Corrections. Act 232, P.A. 1953. Lansing: Michigan Department of Corrections, 1953. .Michigan Department of Corrections. The Michigan Parole Camp. Lansing: Michigan Department of Corrections, 1958. jMichigan Department of Corrections. Parole in Michigan. Lansing: Michigan Department of Corrections (undated). Michigan Department of Corrections. Your Michigan Corrections Department. Lansing: Michigan Department of Corrections, 1958. ‘U. S. Bureau of Prisons. Alcatraz. Washington, D. C.: U. S. Bureau of Prisons (undated). 221 U. S. Bureau of Prisons. Federal Correctional Institution, Milan, Michigan. Washington, D. C.: U. S. Bureau of Prisons (undated). U. S. Bureau of Prisons. Federal Correctional Institution, Seagoville, Texas. Washington, D. C.: U. S. Bureau of Prisons (undated). U. S. Bureau of Prisons. Federal Correctional Institution, Terminal Island, San Pedro, California. Washington, D. C.: U. S. Bureau of Prisons (undated). U. S. Bureau of Prisons. Federal Prisons, Annual Report. Washington, D. C.: U. S. Bureau of Prisons, 1959. U. S. Bureau of Prisons. Federal Prison System. Washington, D. C.: U. S. Bureau of Prisons (undated). U. S. Bureau of Prisons. Federal Youth Center, Ashland, Kentucky. Washington, D. C.: U. S. Bureau of Prisons (undated). U. S. Bureau of Prisons. Federal Reformatory for Women, Alderson, West Virginia. Washington, D. C.: U. S. Bureau of Prisons (undated). U. S. Bureau of Prisons. Medical Center for Federal Prisoners, Springfield, Missouri. Washington, D. C.: U. S. Bureau of Prisons (undated). U. S. Bureau of Prisons. United States Penitentiary Leavenworth, Kansas. Washington, D. C.: U. S. Bureau of Prisons (undated). C. UNPUBLISHED MATERIALS In Thai Language Department of Corrections of Thailand. "Appointment for the Instructors of the In-Service Training School." Order No. 339/1959. BangkOk: Department of Corrections, 1959. Department of Corrections of Thailand. "Curriculum for the Officers' In-Service Training School." Bangkok: Department of Corrections, 1960. (Mimeographed.) 222 Department of Corrections of Thailand. "Level of Education of the Officers." Bangkok: Department of Corrections, 1960. (Mimeographed.) Department of Corrections of Thailand. "Prisons in Thailand." Bangkok: Department of Corrections, 1960. Department of Corrections of Thailand. "Report on the Sixth Meeting of the Department of Corrections." Bangkok: Department of Corrections, 1960. In English Language Detroit House of Correction, Women's Division. "The Orien- tation Program." Plymouth: Detroit House of Correction, 1960. (Mimeographed.) Michigan Department of Corrections, "Michigan Good Time Allowances." Lansing: Michigan Department of Corrections. (Mimeographed.) Seeley, Virginia. "The New Penology: The Federal Bureau of Prisons." (Mimeographed.) D. PERIODICALS In Thai Language Department of Corrections of Thailand. "Correctional News," Varasarn Rajatan, 8:4, August, 1960, p. 96. Department of Corrections of Thailand. "Correctional News," Varasarn Rajatan, 9:2, March-April, 1961, p. 105. Department of Corrections of Thailand. "Job—Findings for Prisoners Released by Pardon," Varasarn Relatan, 9:1, February, 1961, p. 76. ‘ Disyatat, Pybul. "The Editorial," Varasarn Raiatan, 8:3, June, 1960, p. 85. 223 In English Language American Correctional Association. "Declaration of Principles of the American Correctional Association," Proceedings, 1960, pp. 485-89. American Correctional Association. "Table of Contents," Proceedings, 1960, p. 5. Bates, Sanford. "Reflections and Impressions During London Congress," Proceedings, 1960, PP. 53-56. Black, David A. "Forgery Above A Genuine Signature," Journal of Criminal Law and Criminology," 50:6, March, April, 1960, pp. 585-90. Chenault, Price. "Structuring an In—Service Training Program," Alabama Correctional Journal, 7:1, June, 1960, pp. 44—60. Dawtry, Frank. "Probation in Britain." N.P.P.A. Journal, 3:4, October, 1957, pp. 409-12. Eardley, William F. "Foster—Home Projects," Proceedings of the American Correctional Association, 1960, pp. 347—53. Evans, A. A. "Correctional Institution Personnel—Amateurs or Professionals," The Annals of the American Academy of Political and Social Science, 293, May, 1954, pp. 74-76. Fenton, Norman. "The Process of Reception in the Adult Correctional System," The Annals of the American Academy of Political and Social Science, 293, May, 1954, pp. 53—57. Fowler, Raymond D. "Principles of Interviewing," Alabama Correctional Journal, 7:2, December, 1960, pp. 1-6. Fox, Lionel W. "English Prisons Since the War," The Annals of the American Academy of Political and Social Science, 293, May, 1954, pp. 119—29. Jones, Thomas R. "Criteria for Parole Selection," Proceedings of the American Prison Association, 1958, pp. 243-47. Kuh, Richard H. "A Prosecutor's Thoughts Concerning Addiction," Journal of Criminal Law and Criminology, 52:3, September-October, 1961, pp. 321—27. 224 Lunden, Walter A. "Recent Experiments in Group Therapy," Alabama Correctional Journal, 7:1, June, 1960, pp. 24-36. Mahan, Edna. "Second United Nations Congress on the Prevention of Crime and Treatment of Offenders,' Proceedings of the American Correctional Association, 1960, pp. 32~52. Nelson, Roy H. "Criteria for Parole Selection," Proceedings of the American Prison Association, 1958, p. 233. Porter, Everett M. "Criteria for Parole Selection," Proceedipgs of the American Prison Association, 1958, pp. 225-33. Rumney, Jay and Murphey, Joseph P. "Probation and Social Adjustment," quoted by Wahl, Alfons T. "Probation and Parole in Germany," Journal of Criminal Law and Criminology, 18:3, September, 1954, pp. 38-41. Schnur, Alfred C. "Prisoner Education, Prisoner Industry, and the Correctional Process," Proceedings of the American Prison Association, 1951, pp. 25—32. Scudder, Kenyon J. "The Open Institution," The Annals of the American Academy of Political and Social Science, 293, May, 1954, pp. 79-87. Swearingen, W. H. "Criteria for Parole Selection," Proceedings of the American Prison Association, 1958, pp. 236-43. Vold, George B. "Does the Prison Reform?" The Annals of the American Academy of Political and Social Science, 293, May, 1954, p. 49. ‘Wallace, John. "The Casework Approach to Rules," N.P.P.A. Journal, 2:1, January, 1956, p. 16. APPENDIX A CUSTODY, SECURITY AND CONTROL The Manual of Correctional Standards listed fourteen essentials for good custody, security and control. 1. An adequate system of classification of prisoners. a) b) c) d) e) Maximum custody is used for incorrigible or known "escape risk" inmates. Close custody inmates are housed in the most secure units, assigned to work within the institution enclosure, and are under constant supervision. Medium custody inmates are available for work outside of the regular enclosure under supervision or inside without direct supervision and are housed in dormitories or outside cell blocks. Minimum custody inmates are eligible for outside assignments under only general or intermittent supervision. There is an annual automatic review of the custody of each prisoner. Inspection of security facilities. a) b) c) A written weekly report is submitted to the appropriate officer of the results of a check of all security facilities. All employees are trained to observe any unusual conditions as applied to security facilities. All security equipment is in proper working order. An adequate system of counting inmates. a) b) There are at least four official counts every 24 hour period. Detail and housing officers make irregular but periodic "census" checks of inmates under their supervision in addition to the official counts. 225 226 c) The responsible count officer has up-to-the—minute information regarding all inmate changes and housing or work assignments. d) Counts in dormitory or open-type units are never made by only one officer. 4. Control of Firearms. a) The firearms control plan meets the requirements of the basic control procedures. 5. Gas Control. a) A sufficient quantity of gas is available for use only by personnel trained for this assignment.444 6. Control of Contraband. a) b) C) d) 7. Key a) b) c) d) e) All types of medicine and stimulants are under lock and key absolutely inaccessible to prisoners. There are periodic but irregular "shake—downs" of cells of all inmates and inmate work areas. All vehicular traffic and supplies coming into the institution are inspected. Metal detector devices are used at the gates of the compound and entrances into cell blocks. Control. The key control system at any time indicates where each key is and in whose possession. All personnel who withdraw keys give a receipt for them. Periodic surveys have been made to assure that obsolete keys are discarded. Prisoners are never permitted to handle keys. Keys which actually permit egress from the housing unit proper are locked up securely under the direct supervision of a paid employee at all times. 443 See the basic control procedures for the use of firearms at the end of this Appendix. 444 See the plan for gas control at the end of this Appendix. 10. 11. 12. 13. 227 Tools and Equipment. A satisfactory plan for control of tools and equipment items that pose a threat to persons or the physical security of the plant is in effect. Job Analysis. a) Every officer assigned regularly, or as relief, is required to know the responsibilities and requirements of his post. b) There is a set of general procedural orders and a specific job analysis for every post. Locking Devices. a) There is a competent locksmith on the staff. Proper cell equipment . . . to minimize the necessity of permitting custodial risks to leave their cells after lock—in. a) Cells are equipped with necessary plumbing. Emergency doors . . . provided into housing and to the areas where prisoners are congregated. a) All housing units have an emergency door with lock opening only on the outside and that swings outward. Special Emergencies . . . (a) riots, (b) escapes, (c) fires. . . .445 a) The approved basic procedures for dealing with riots have been developed and used in the training of personnel. ‘ b) Copies of the escape plan have been made available to personnel concerned and they are familiar with it. 445 . . . . See baSlC procedures for dealing With riots, escapes, and fires at the end of this Appendix. 228 c) The written escape plan is current and includes the Manual of Standards list of essential elements. d) There is a well trained crew of inmate fire fighters available at all times under employee supervision. e) The basic plan for control of fires includes the minimum requirements listed in the Manual of Standards. 14. A positive program of inmate activities. The Manual of Correctional Standards said that perhaps , , . , 446 the most important item is the fourteenth item. 446 American Correctional Association, Manual of Correctional Standards, op. cit., pp. 209-10 and p. 594. 229 l. A Basic Control Procedures for the use of firearms. a) The weapons arsenal should be located outside the inmate housing and activities area. Under most conditions, an armory tower is the most secure arsenal location for all weapons and ammunition not in use. It should be borne in mind that weapons are not needed inside, so that the proper place for storage is outside if possible. Firearms are used only as a last resort to prevent escape or in extreme cases of violence. Therefore they are usually needed only when escaping prisoners are gaining egress from the institution perimeter. When prisoners have reached the outside, weapons stored inside the institution in a vault or an inside armory are practically useless. b) All employees must be trained to safely handle and shoot all weapons they may be called upon to use. . . . Prison officers should be required to qualify over regulation shooting courses as a requisite for their positions, initially, and should later be required to qualify at least once each year. c) When it is necessary for firearms to be checked out of the arsenal or when they are being transported in areas adjacent to prisoners, there should be two or more officers available. In most cases where it is necessary for weapons to be transported from the arsenal to towers that are manned only'for certain shifts, it is advisable for one officer to transport the weapons, and after he has posted himself in the tower, to receive the ammunition from another officer. This procedure may be varied depending on location of tower lines, etc. d) Precautions should always be taken to assure that shipments of weapons or ammunition coming.into institutions are plainly labeled and that instructions on the outside of the cases direct that the institution will be notified prior to delivery. It should be emphasized to all new prison trainees that there is no more flagrant example of false security than an ostentatious show of weapons and the habitual use of such weapons in close proximity to prisoners. It is an open challenge and the histories of many bloody riots show without question that it almost inevitably leads to death or terrible violence or both, sooner or later. The untrained or blustery prison officer who swaggers among prisoners with a gun on his person is usually trying to compensate for fear or lack of 230 knowledge in how to handle prisoners. Any prison system that permits such use of weapons is inviting disaster.447 447American Correctional Association, Manual of Correctional Standards, op. cit., pp. 214-15. 231 2. A Plan for Gas Control. All penal institutions should be equipped with a sufficient quantity of gas for use in quelling violent disturbances. Ordinarily, institutions of from 500 to 1000 inmates should have a minimum stock of approximately 50 CN gas grenades, several 1.5 inch gas projection guns with at least ten rounds of tear gas projectiles for each gun and these should be divided about equally between short-blast and long-range projectiles, and at least twenty-five billies. Other types of gas dispensers are available and most are satisfactory. Prison administrators should ascertain where additional supply of gas equipment can be readily obtained in the event of a major disturbance. Because gas munitions deteriorate rapidly, it is not economically sound to keep large quantities on hand in the institution. . . . Gas should never be used by personnel who are not trained in its use. Advantages. The use of tear gas in suppressing distur— bances is more humane than bullets since it causes no serious or lasting damage. Unless there has been prolonged exposure to intense concentrations, tear gas has a physiological effect only for a short period of time varying from a few minutes to a few hours. It provides a means, if properly used, of overpowering and subduing a man or a group of men without wounding or mutilating them. The psychological effect of using tear gas is also helpful. Actually, the threat and availability of gas at the scene of a disturbance has probably halted more incipient disorders than its actual use. Disadvantages. The proper uses of gas are not understood by the public generally and may lead to unfavorable reactions. The physical effects of tear gas tend to make a man oblivious of everything except his desire to get out of the gas. This may prove to be a disadvantage. If the gas is used unwisely, it might precipitate a disturbance worse than the one which exists at the time, and it might cause temporarily blinded prisoners to injure themselves by rushing into an unseen hazard. Conditions must be favorable so the use of gas, when released, will reach the intended objective: an adverse wind could cause the gas to be disadvantageous. There are also 232 limitations to its use inside a building because of dangers of starting fires from burning grenades, getting a concentration which is too dense, or gassing adjoining areas not affected by a disturbance. Use of DM or Nauseating Gas. The use of DM is not recommended except under the most extreme conditions. If extreme violence prevails and extensive property damage may result, then, as a last resort before use of firearms, DM gas may serve to subdue desperate rioters. The effects of nauseating or DM gas are sneezing, coughing, nausea and vomiting in varying degrees of severity, depending upon the concentration inhaled. The victims of the gas become depressed, physically weak and generally debilitated after a few minutes and can offer little resistance. The gas does not take effect as quickly on some persons as on others. Action has been known to be delayed about thirty minutes in rare cases. The effects are more lingering than those of tear gas and usually light concentrations only are necessary. It should be remembered that DM may readily contaminate water and cause poison if such water is used for drinking or cooking. An effective concentration may be produced with .002 of an ounce of Adamsite, in 1,000 cubic feet of air at three minute exposure. For DM gas or a mixture of CN-DM the treatment usually recommended is rest, fresh air and removal of the contaminated clothing. The nose and throat should be washed with salt water or a solution of bicarbonate of soda. Relief for the burning of the nose and throat is afforded by inhaling the following mixture: Alcohol 40%, chloroform 40%, ether 20%, and ammonia 5 to 10 drops. Glycerin and menthol troches help to relieve the burning of the throat. Breathing chlorine given off from a bottle of chloride of lime is beneficial. Keep patient warm, but not near heat.448 448American Correctional Association, Manual of Correctional Standards, op. cit., pp. 215-16. 3. 233 A Plan for Dealing with Riots A well developed Emergency Plan for dealing with riots or violent disturbances should include the following: a) b) c) Prevention: 1) Alertness to detect and report any signs of unrest or tension. 2) Consideration of legitimate complaints or needs. 3) Provision of an adequate overall institutional program. 4) Unbiased thinking on the part of the personnel. 5) Use of organization as a sounding board. Control: 1) Adoption and proper use of Master Riot Plan 2) Selection and training of personnel for squad. 3) General knowledge of plan among all personnel. 4) Prompt and decisive action. 5) Adequate alarm system. 6) Ready availability and proper use of equipment. 7) Proper application of special controls by Mechanical Service personnel. Post—Riot Procedures: 1) Have institution count made. 2) Segregate ringleaders and agitators. 3) Check security of institution. 4) Conduct a thorough investigation of incident. 5) Administer first aid to injured. 6) Repair damage. 7) Adopt effective measures to prevent repetition. In putting into effect the Emergency Plan, there are a few things of vital importance to remember: a) When an emergency alarm is sounded, be sure that all available officers DO NOT rush to the scene. A rear guard or reserve force should remain away from the scene to take action after the situation has been evaluated. The histories of many unfortunate riots show that officers who rushed unguarded and unwarned into actual or staged group disorders have been taken as hostages, overpowered, or killed. 234 b) Officers who are untrained with firearms should never be given assignments calling for the use of arms to quell a disturbance. If gas or weapons are needed, use them methodically and only after detailed plans of operation have been prescribed. c) Above all, have a plan and proceed calmly and quickly.449 449 . . . . ‘ American Correctional Assoc1ation, Manual of Correctional Standards, op. cit., pp. 222—23. 4. 235 Procedures for Dealing with Escapes The following suggestions are considered essential to any procedures for escapes: a) b) C) d) e) The institution, usually in the office of the Custodial Supervisor, should maintain an up—to-date list of all employees, with addresses and telephone numbers so arranged that a minimum number of calls will contact a majority of officers. The Procedures of Escapes should provide that when an unauthorized absence of any inmate from a work crew or living quarters is discovered, it will be reported at once to the supervisor responsible. When it is determined that an escape has probably occurred, the Procedures for Escapes should be placed into effect without loss of time and prearranged signals should be sounded to notify all employees living in the area of the prison. Procedures for Escapes should include a complete list of posts to be covered by officers while the search is in progress. These may be divided into schedule A, B, C, etc., and depending on the information available as to how inmates escaped, time and means of departure. The posts covered may be only those included in certain areas. For example: if inmates have departed by car and are known to be some distance from the institution, posts normally covered near the scene of the escape would not be manned. The Procedures for Escapes should provide that officers on assigned posts may be moved only by the person in charge of the search operation. The Custodial Supervisor should have available a "kit of instructions" to be handed each officer on a post. For example: if post number sixteen provides for the covering of a particular crossroads, this kit marked "Post No. 16" would contain a map of the nearby area, information as to residents living in that area, location of the nearest telephone, location of the nearest law enforcement officers or agency, and any other information that will assist the officer when he arrives on the post. Concurrent with initial assignments of officers on post, one employee should be designated to notify by telephone or radio all law enforcement agencies in f) g) h) i) j) 236 the country or state. The telephone and communi- cation lines should be covered as long as the search is in progress. Any well developed Procedures for Escapes provide thatlinvenforcement officers will have been contacted in advance and would be prepared to go into action when the prison gives notification that an escape has been made. Plans should provide that in case of a general escape alarm, all personnel, custodial and non—custodial, not on duty will report immediately to the officers' assembly room or previously designated place. Officers in charge of crews at work should place their tools and equipment in one place and proceed with their crews to the checking—in point. They should then make themselves available for emergency duty. Officers assigned to essential maintenance posts such as powerhouse, kitchen, hospital, fire station, who have under their supervision inmates who must remain on duty should take a count at the sound of the emergency alarm and report this count to the control center. The Procedures for Escapes should provide for specific instructions for officers on posts such as the powerhouse, fire station and any other post that may exercise control over vital utilities. At the sound of the escape alarm, officers assigned to armory towers or arsenal units, should make immediate preparations to issue arms, ammunition and such other equipment as may be needed. The record clerk should stand by his office and be ready to prepare escape Circulars for distribution and mailing. These circulars should be mailed to the Chiefs of Police in all nearby Cities and to all law enforcement departments in each county in the state in which the escape occurs and to sheriffs, Chiefs of police, and state patrol departments in neighbouring states. Circulars and information also should be disseminated to railroad police, immigration agencies, and any other law enforcement agencies available. Under no circumstances should untrained officers be sent out with a gun. Also, under normal Circumstances, correctional employees should not establish roadblocks nor stop cars unless accompanied by duly appointed law enforcement officers. 237 k) The Procedures for Escapes should provide for use of nearby radio and television stations. If plans have been made previously, it is nearly always possible to secure the cooperation of these public service facilities. Experience has indicated that most escapees pefer to remain under cover during daytime and move at night. When information is available that escapees are in a certain area, it is well to maintain groups in that area to apply continuous pressure in order to force the escapees into movement. Even when the majority of employees have been taken off the search, about the third or fourth day, it is well to continue some patrol of areas previously covered in order that investigations of all reports may be made. Above all, rely on the sincerity and integrity of community citizens who are extremely helpful in any escape hunt. One thing not to be overlooked is that all law enforcement agencies and communities previously informed of the escape be notified immediately when the prisoners have been recaptured. This is good public relations and assures that the same agencies and groups of citizens will respond to later emergencies‘}50 450 . . . . American Correctional Assoc1ation, Manual of Correctional Standards, op. cit., pp. 223-25. 5. Any minimum: a) b) C) d) 238 A Basic Plan for Control of Fires basic plan for control of fires should include as a A full-time crew of inmate firemen. These inmates should be suitable as to custody, intelligence, interest and training to cope with any types of fires in the main institution and in buildings outside the main security perimeter. The fire crew should be housed in Close proximity to the fire truck and other equipment. It is highly desirable that this crew be housed separate from other inmates in order that they may be checked and identified quickly if it becomes necessary to go outside the main compound. Equipment should include as a minimum a modern fire truck complete with pressure pumps and tanks. Modern portable extinguishers should be a part of this equipment. Fire extinguishers should be placed in close proximity to all housing units and should be located in strategic spots in all building areas. The types of extinguishers to be used should be those recommended by the local fire department since fire hazards differ according to types of structures and types of operations. It is important to use care in selecting the types of mixtures for use in fire extinguishers since inmates sometimes resort to emptying the instrument in order to drink the fluid or inhale the fumes. In some cases this can be dangerous to the inmate and, it destroys the value of the extinguisher. The institution should have specific plans for evacuation of inmates in case of emergency, such as fire, earth- quake, bombing, and so forth. In the case of fire, it is well to remember that smoke, under normal conditions, arises upwards, and a plan for evacuating cell house tiers would include evacuating the upper tiers when a fire begins to get out of control in the housing unit. As a rule, it is not difficult to extinguish fires that occur in cells, but it must be borne in mind that a fire allowed to get out of control endangers the lives of all occupants who are locked in‘a cell house, since the danger of suffocation is greater than that of actually burned. 239 e) Keys to all emergency exits and to stationary fire- fighting equipment that may be locked in storage places should be immediately available. Such keys should be marked distinctly to avoid confusion during the emergency. It is a good idea to paint the metal tags on these keys in a distinguishing color, such as red, in order that they may be located and issued with no delay. f) Portable floodlight equipment should be readily available in the control room and fire station, since these are usually necessary in combatting fires at night. This type of equipment is especially necessary when approach to the fire must be gained across roof tops. These lights may be used as additional security protection also, along fence lines when many inmates are out in the compound at night engaged in fighting the firef-L51 451 . . . . American Correctional Assoc1ation, Manual of Correctional Standards, op. cit., pp- 225—26. 240 CUSTODY, SECURITY AND CONTROL Hugh G. Christie mentioned a variety of rules and conditions under which control will benefit most from a positive approach, and the requirement for custody has been applied in the least damaging way. These tiems are listed below: 1. In a good system there will be an opportunity for recognizing growth and individual differences through the provision of institutions and camps allowing varying degrees of liberty and normal living ranging from maximum custody to open institutions and parole. There will be Classification system which has sufficient . . personnel. . . . Institutions and camps doing the best work will usually be small units of 60 to 100 to allow the personalized contacts necessary for the best understanding, control and treatment. . . . These camps or units may be associated with each other for administrative reasons. . . . When a man comes to prison it not only represents a personal failure of his own but also the failure of his family and community. . . . The prison is supplying a supplementary service or helping them with a problem which was and still is theirs . . . community and family interest, help, and responsibility can best be maintained by the existence of small institutions in each community rather than great impersonal fortresses at central points at a distance from the prisoner's own home. Control is at its best in an institution where the general atmosphere is such that the inmate is impressed with the fact that staff believe in his worth and are as sincerely interested in his welfare as his custody; . . . , 10. 241 Custody will be better in the institution that re— quires a full day's work up to the limit of each inmate's ability and where leisure hours require and encourage participation in a choice of truly recreational services. . . . Good custody will be most certain and positive where staff are so well trained that they can operate as a professional team, . . . in the same direction not only as regards the general atmosphere and objectives of total program but also with regard to the individual job being done with each inmate. . . . Since training is the essence of any program particularly thoSe involving the coordination of custody and treatment, a number of points to indicate the trend which decisions should take, the attitudes which should be fostered, and the extent to which training should proceed, will be listed as a further basis for discussion of what might be called basic custodial training. . good custody . . . incorporates, though inconspicuously, the essence of harmony, professional technique, and gentlemanly conduct so essential to any program which will successfully reform the offender. . . . officers should remember . . . that they are servants of the people. Although you may, on occasion, have to oppose the wishes and even the physical attacks of both free Citizens and prisoners, it must always be done with decision but with no expression of disrespect. Other important principles which will be outlined in your course will emphasize the importance and the character of proper relationships between staff and with inmates,and the importance of the prison officer living up to the standards the ‘ institution is trying to inculcate in its inmates. Disturbed people do not, generally speaking, learn to be good Citizens because of some form of logic such as "crime does not pay." They learn that some- one has faith and interest in them, no matter how rigid his discipline must be. They admire that person. They accept his standards. They learn by example rather than precepts. The two points are equally ll. l2. l3. 14. 15. 242 important. There is no substitute for proper morals in a prison officer, and every officer must, through- out his relationship with inmates, make clear his faith in their eventual worth. You should be always aware of your oath of allegiance to the ideals which the Crown, the Institution, and its executive head represent. This is very important, since the temptations of an officer are great and the opportunities for disloyalty many. Members of prison staff should not discuss, outside the prison, any information or knowledge they acquire in the course of their duties. This information or knowledge is the property of the Crown, and may only be disclosed by order or permission of competent authority. Staff should not discuss prison affairs or other officers or inmates with inmates. This is a dangerous practice and will in time cause an officer to be reduced to the same level as his prison charges. A prison officer should conduct himself on the street or in public places in the same manner that he is expected to conduct himself while on duty. He should be a happy person, but should conduct himself with dignity. Do not seek or solicit information from inmates. This will only cause inmates to lose their respect for you, or worse, you may find yourself obligated to such an extent that you may find it very difficult to say "no" if the occasion should arise and it probably will. You will also find that in many cases you have been listening to pure fabrication. If, on the other hand, a prisoner tells you something on his own accord and apprently without any hope of reward, Check the truth of his story as soon as possible, but take care, he may be only trying you out. Contraband is any article or thing prohibited by law or prison rules. It is a serious offence for any member of staff to import or export, or in any way engage in the traffic of any contraband article. . . . 16. 17. 18. 19. 243 It is the duty and responsibility of all members of a prison staff to familiarize themselves with the Prison Rules and Regulations, and orders issued from time to time for the management of the prison. . . . When in doubt concerning proper interpretation, clear with your superior officer. It is the intent of rules which is important. . Your attitude towards inmates should approximate that of a good employer toward his employees. You should be firm and dignified. You should watch and listen to your charges without being conspicuous,-—learn all you can about them. This will assist you in your control and understanding of prisoners and in making accurate reports on individuals or groups. You should not allow them to know anything about yourself except that you are a man of integrity and upright Character. These essential qualifications you will show by the standards you set and by your words, deeds, and demeanour, so that while they are in your charge they will feel that they will be treated fairly and justly.' If you should have to deal with an obstreperous prisoner, he will get little sympathy from his fellows, and in the long run will realize he was fairly treated. The over—permissive officer will have more difficulties than the firm but fair one. When on duty, you are expected to be alert and aware of the fact that you are an officer in uniform and should stand upright. Leaning against something, smoking, chewing gum, whistling, or singing is not considered good practice, and will bring discredit to the duty you perform. Custodial duty properly performed requires maximum alertness at all times. You are not to read books, magazines, or newspapers of any kind while on duty. Staff members should not run at any time, in or around the prison or on the prison grounds, except and only when there is something wrong, such as an escape, fire, or other danger. A prisoner should not be allowed to run at any time, unless he is cooperating with an officer in the event of fire or like emergency, when instructed to do so, or during a physical training program. Walk quickly with eyes open and thinking alertly at all times. 20. 21. 22. 23. 244 You are to be on time for duty . . . at least fifteen minutes in advance of the time of the duty period. This assembly period of fifteen minutes offers an excellent opportunity to Check new orders, and keep informed regarding policies, procedures, and methods of performing your duties. It is the individual officer's duty to be informed of the duty he is scheduled to perform. It is the duty of all officers to be sure that any points of note be passed on to the officers relieving them. While on duty in Charge of prisoners, you must not engage in long conversations with anyone, and in the event of an incident occurring or a noise being created, you will be alert, as it may be intentionally set up to draw your attention away from what could be a dangerous situation. It is absolutely essential that prison officers be alert at all times while on duty. Officers on visit duty must be observant during visits. With Clergy, lawyers, social workers, etc., the officer should be out of hearing but in sight. It is unfortunate that honesty does not necessarily go hand in hand with success. Precautions must there- fore be taken to prevent contraband entering the prison. Making the count is one of the most important functions of the day. To make it efficiently and correctly demands practice and on—the-job instruction. You can have any information or assistance you require from the officer in charge but there must be no doubt after a count is considered complete. Never pass up a man in bed on the morning count. Always be alert for packed beds or dummies. YCu must always, on taking over the custody of prisoners, count them. A positive count must be made at proper intervals. You are to exercise the utmost care in units or dormitories at times when they are thought to be cleared of all inmates. This should be considered a dangerous period, and you should be very alert and check closely. 24. 25. 26. 27. 245 The use of force is seldom required in a well-run institution. . . . It could confront us all, and often unexpectedly. Your own good sense is an important essential when the occasion arises. To prevent the occasion arising, is of course, the best remedy. However, we cannot always do that, and we must sometimes therefore resort to force when it is the only method left for us to provide the necessary control. A prison officer can, where necessary, without higher authority use force in such instances in self defence, to restrain a prisoner, to lock him in a cell, to place him in a straight jacket, or to cuff his writst or ankles. When you find it necessary to take action of this nature, you must as soon as possible notify the officer in charge of the prison. In the event of a prisoner attempting to escape, you call upon him to stop. If he does stop, and comes toward you, that indicates that he has ceased his flight and no further force should be used. If he continued his flight after you ordered him to desist, you would, if armed, fire on him, the firing to take effect. If a felon attempts to flee from justice, and in his flight loses his life, the responsibility is his. . . . you must not, at any time or under any circumstances use more force than is absolutely necessary to prevent his escape or to effect his recapture. For instance, in stopping a fight, in the first instance you should order them to stop. If they disobey, you increase the force, but only to the amount necessary to restrain them. . . . Although the security of the prison must always come first, you must also take every precaution to protect the life of the officer and the inmate. If you should find it essential to use weapons, such as batons, or night sticks, you are to strike the shoulders, arms, and legs, and no more than is necessary. As with the use of firearms, good sound sense is essential. If you should find it necessary to raise an alarm, do so by the readiest means. Call, shout, whistle, phone, fire a revolver or rifle, or sound a siren, but always raise an alarm by the readiest means. The orderly movement of inmates to and from work details, educational Classes, and recreational activities, must be established and maintained for proper custody. Orderly movement should be relaxed and does not require rigid drill or regimentation. 28. 29. 30. 31. 246 If you are assigned to supervise a work detail, whether employed outside or in a shop, your first duty is to line up your group and count them, calling the count to the officer in charge of the unit or from whom you received your group. Your group should be marched in good order, no smoking, and in Close formation to their place of work. You must always keep your men in sight or where they cannot get out of custody. There are exceptions to every rule, but prisoners seldom attempt escape while under observation. It is of great importance that officers in charge of work details be always on the alert. This also applies to gangs provided with armed escort. Officers on outpost duty must always face the gang and be alert. The outpost who walks back and forth a few paces is preferable. Officers carrying on conver- sations cannot give adequate supervision to prisoners. Your supervision must be keen, but inconspicuous. Get“ around your shop. See that contraband is not being pro- duced. Make a casual approach, and watch closely the man's reactions. If there are no provisions made for the searching of your group before entering their quarters, you are expected to search them yourself. Remember, a search properly interpreted becomes a necessary routine for the protection of all, rather than a personal suspicion regarding any individual. You will return your group in good order and formation, and check your count with the officer in charge. He will acknowledge your count before you can be considered as relieved of their responsibility. All prisoners being received or being discharged, or going to court and returning from court, are to be systematically searched and their clothing removed if necessary. Officers are not to go into dormitories during darkness unless absolutely necessary and under the observation of another officer, who will remain at the gate, keeping close watch on the officer in the dormitory. He will also keep the gate Closed while the officer is within. Officers are not to go into dark rooms, cells, or any building in darkness. They should have lights on, or use a flashlight. Officers will carry out their duties by night as quietly as possible. Officers should not leave their posts of duty unless properly relieved, and must not go on messages unnecessarily. In the supervision and procedure during the serving of 32. 33. 34. 35. 36. 247 meals should be served promptly, fairly, and in an orderly manner. Officers never partake of food set out for inmates unless eating at a common table as part of a laid down training programme. The use of firearms is not desirable but is sometimes necessary. You will therefore be instructed in the use, care, and maintenance of firearms. You must never allow your firearms out of your possession at any time, or go into any building or confined area with firearms where there are prisoners unless so instructed. The normal procedure is to allow a distance of approximately 15 meters or fifty feet between prisoners and an officer armed with a rifle, depending upon the circumstances. When searching cells or dormitories you are to search systematically. Remember, you go there to search, not to create havoc. The cell or shop should be left in approxi- mately the same condition you found it, with one important exception--all contraband should be found and removed. A good search is creditable, a bad one brings disrespect for authority. . . . The way a man is received into a prison will have a great bearing upon his behavior during his stay there. When searching a man, search him thoroughly, but . . . respect his individuality, and if the search should require even the slightest entry to the body, a medical authority must be present. You must not at any time argue with a prisoner or use bad language towards him. If a prisoner becomes unruly and abusive towards you, remain silent, listen to what he says, and then quietly order him to his cell, place, or work, as the case may be. Never argue with a prisoner, either in a friendly way or otherwise. When reprimanding or correcting a prisoner do it in a way which is definite but does not embarass him before others. You should, over and above any other action you have taken, inform your relief of any such unusual incidents that may have occurred during your tour of duty. You are not to remove a prisoner from any work detail, or any group unit, or cell, until you have notified the officer in Charge to that effect. You must also notify the officer in charge when you return the prisoner to any place in the prison. 37. 38. 39. 40. 41. 248 You should not witness any documents if requested by visitors to do so. On gate duty you must not allow any person to enter the prison compound or grounds until they are properly identified or until you have satisfactory proof that they are bonafide visitors, or have good and sufficient business reasons for visiting. When in doubt, contact your senior officer. All vehicles, travelling in either direction, must be stopped and inspected at the gate house. All packages or articles being brought in or taken from the prison even by staff must be checked, . . . and accompanied by a receipt or authorization signed by competent authority. You are to be courteous at all times. When admitting prisoners returning from court after the close of the prison, take all necessary precautions to ensure safety. During darkness, have the flood lights on and have the armed yard patrol at a reasonable distance in front of the entrance. Do not allow the escort to leave until you have the prisoners in completely safe custody where they cannot seize keys or arms for the purpose of escape. You must distinguish the difference between a prisoner's rights and privileges. This can be done by studying prison rules and regulations. They vary according to the type of prison. Only the Warden, or Superintendent or the officer acting in his absence, should deprive a prisoner of his privileges. When you find it necessary to report an inmate to higher authority, place his name, identification and location on paper. Write the Charge (for example; 'being in possession of contraband'), note time and place, and give this to the Clerk in Charge of these records, who will write it into the Charge book. Place a tag on the contra- band marked "evidence re the prisoner and his identification", and place it in the office of the Deputy Warden in Charge of custody. When you are called upon to bring an inmate before the Prison Court, you must see that the prisoner wears no cap and stands at attention. You will salute the court or use whatever indication of respect is laid down. The Warden will read the Charge and ask the prisoner for his plea. . . . the Warden may still ask you to describe the circumstances, which you will do simply, honestly, and truthfully. When the case has been disposed of, you will 42. 43. 44. 45. 46. 47. 249 again acknowledge the court and escort the prisoner away. Never feel that the severity of the punishment is in any way related to you or whether the charge should have been laid. The punishment should serve the needs of the prisoner and the total institution, and a warning is therefore often the best punishment even where the crime is a serious one. It is not good policy to tell a prisoner that you will report him. The situation may already be a threatening one, and a statement by an officer such as "I'll crime you" may be taken by the prisoner as a form of threat, aggravate the situation, and he may become more defiant and use abusive language towards you, or even get into more serious trouble. Never allow the outer and inner gates to be open at the same time. . . . . Receive all visitors with courtesy. See that they sign the register provided for that purpose. Do not allow any prisoner out the front gate unless accompanied by an escort or the prisoner has a pass from the Deputy Warden. You are not to make any calls for prisoners, or call at his home, unless granted permission by the Warden or Superintendent to do so. Refer the inmate to the priest or social worker, if such services seem necessary. You must never leave padlocks open. They should be locked on a bar or similar safe place. Keep your keys in your possession and do not set them down even for a second. When being relieved, hand keys directly to the relieving officer. All keys not in use must be left in the strong room or safe. Keys must not be taken from the prison at any time. Keys must never be given to a prisoner. Unless employed in or for the prison, no one should be allowed to cross the prison grounds unescorted. To allow trespassing even on unused prison land often leads to later difficulties. The night patrol officer is expected to be alert and vigilant. Observe all buildings for escape or fire. Check any livestock. Change direction of patrols frequently. Never pass anyone in the yard without identifying him conclusively. 48. 49. 50. 51. 52. 53. 250 If you should observe an inmate destroying his work or committing any infraction of the prison rules in any part of the prison. Whether he belongs to your unit or not, you are to take immediate action to stop him. If it should be considered necessary to open a cell or dormitory at night, notify the officer in charge of the prison and take all necessary precautions. It may be a ruse on the part of the prisoner for the purpose of escape. Even in the case of an apparent attempt at suicide, give the alarm which should be conveniently located before taking the necessary steps to help the inmate. You are not to play games with anyone while on duty unless you are instructed to do so as part of a recreation program. . . . You should not stand and watch a card or similar game. Such practices are dangerous because they divert your attention from your duty. Officers, when managing prisoners, must avoid favouritism, and should never allow one prisoner authority over another. The senior officers have an important responsibility with regards to getting the new officer off to a good start. Help him realize the importance of his job. Help him feel that he belongs to the organization. See that he has confidence in you, the institution, and himself. See that he understands the institutional policies, and the reasons behind them. Help him realize the importance of good work and the dangers of carelessness. See that he has received the initial guidance needed, knows who to approach to receive further assistance, and that he will ask for assistance rather than accept advice from inmates. . . . staff training . . . is an endless job. The preceding points are an example of the body of simple but important material which must be built up and kept up to date by the constructive criticism and continuous review provided by professional training methods such as are demonstrated in this working conference. The different setting and Circumstances of each institution and staff will require a slightly different emphasis and rate of Change in some areas than will be practical in others but the basic principles which underlie our work will be the same every- where. 251 Finally but most important, is the reminder that walls and Chains and other negative methods of control cannot be set aside until positive methods have been developed to take their place. Change even for the better is an unsetting experience and requires time and careful guidance. Negative methods are most comfortably abandoned when positive methods have first been developed to the point where their gradual application forces the less efficient methods into disuse.452 452Hugh G. Christie, "Custody, Security, and Control," op. Cit., pp. 61-71. APPENDIX B FORMAT OF THE PRE—SENTENCE REPORT The format of the pre-sentence report may vary. A good pre-sentence report should include the following: 1) 2) 3) 4) Social history-information regarding significant family, personal, social, and economic factors in the offender's life . . .: ' _ a) Age, sex, address, social security number b) Residence and Citizenship c) Race and national descent d) Family history e) Intra-family relationships and their effect on the subject f) Housing and neighborhood Characteristics g) Health history—physical and mental h) Educational background and capacities i) Religious and fraternal affiliations and influences j) Interests and activities k) Employment status and experience 1) Military status and experience Statement of offense, including: a) A summarized version of the facts of offense b) Defendant's own statement of offense, including why he thinks he committed it and what meaning it had for him. C) Statement of Circumstances surrounding the offense: was it planned in advance? Were companions involved in committing it? What extenuating circumstances, if any, were there? Can motivation for the act be determined? Supplementary material--excerpts from, or copies of, clinical reports, jail reports, personal references, employer reports, and pertinent correspondence. Prior record-~obtained from the defendant, local law enforcement agencies, state and federal identification bureaus. There should be a Clear description of these 252 253 offenses so that they can be related to the offender's present behavior. 5) Evaluation--an assessment of the offender's personality, including a description of his customary behavior, particularly under stress; and evaluation of his personal strengths and weaknesses or special problems, in terms of the proposed treatment; analysis of his current environment's demands on him and supports for him. 6) Plan of treatment and recommendations a) Plan of treatment Clearly explained. What kinds of help does defendant most need? Referral to family agency for help with marital problems? Medical attention? Psychotherapy? Guidance in Choice of companions and recreation? Establishment of good relationship with helpful person interested in his welfare? Employment? Vocational training? b) Recommendation for or against probation or for other disposition according to court policy. c) Special conditions.453 THREE GENERAL PRINCIPLES FOR PROBATION SUPERVISION The following are the three general principles for probation supervision: 1) The needs, problems, capacities, and limitations of the probationer must be considered in planning and carrying out supervision. 2) Legal requirements and conditions must be applied for the best interests of the offender and the community. 3) The goal of supervision is to help the offender understand his own problems and enable him to deal adequately with them.454 453 American Correctional Association, Manual of Correctional Standards, op. cit., pp. 520-21. 454 , ' _ , , Ibid., p. 522. These prinCiples may be applied also to parole supervision. APPENDIX C PROBATION CASE RECORD CONTENT The content of a case record should be entered in an orderly fashion under typical headings for easy accessibility and it should include: 1) 2) 3) 4) 5) 6) 7) 8) 9) Face sheet with name, age, sex, race, address, family composition, religion, and social data included in the pre-sentence investigation. A summary of the pre—sentence investigation including treatment plans and recommendations initially proposed. Copies of medical, psychological, psychiatric, employment, and other records or reports from other agencies. Copy of court order placing defendant on probation. Copies of all legal papers, petitions, detaining orders, modification orders, etc. All correspondence. Record of casework interviews between probation officer and probationer either chronologically by interview or periodically summarized, including: a) Date of interview b) Changes and significant events in the activity of the probationer C) Character and significance of the relationship between offender and officer d) The offender's progress or lack of it Central Index clearance Reports from other social agencies. 254 255 10) A Closing statement summarizing the method and reason for terminating probation, an evaluation of the overall progress made by the probationer under supervision, and a prognosis of his future adjustment in the community.455 455Ibid., p. 524. This content may be used also in an institution or parole case record. This can be done by Changing the word "probation" into "institution" or "parole" in the appropriate places. When used in an institution, the case record is called "institution progressreport." When used in parole, the case record is called "parole progress report.", APPENDIX D PRINCIPLES OF THE CASEWORK RELATIONSHIP Casework in corrections is the professional service rendered by trained personnel in the description and social treatment of offenders. ‘It isa.more intensive process than counseling in that it requires a more thorough knowledge and use of principles of human growth, personal adjustment, and social pathology. Most commonly, casework consists of working with one individual at a time, with the aims of (1) providing clear case description, (2) solving immediate problems involving family or other personal relationships, (3) probing carefully into long range problems of social adjustment, (4) offering supportive guidance and information to inmates who are nearing release from the institution and, (5) offering supportive guidance and professional assistance to offenders on probation or parole. In recent years, the group method has been used to augment the case service activities in corrections such that the total social service function of the institution involves both individual and group programs.456 The interaction between the caseworker and the client has three directions: 1) From the Client to the caseworker the problem is revealed. 2) The caseworker assuages the Client's fear by his attitude communicating respect for"the Client's basic human rights and for his integrity as a person." 3) The client is aware of the caseworker's attitude and mani— 457 fests his awareness to the caseworker. 456, . . . . , Ibid., p. 299. These prinCiples may be used in probation, institution, and parole, as a tool for the case description and treatment of the offender. 457 . . ‘ A' . . Felix P. Biestek, S. J., The Casework Relationship (Chicago: Loyola University Press, 1957), p. 135. 256 257 There are seven principles of the casework relationship which are based on intensified basic needs and on the three directions of the dynamic interaction referred to above. The seven principles include:458 1) Individualization 2) Purposeful expression of feelings 3) Controlled emotional involvement 4) Acceptance 5) The nonjudgmental attitude 6) Client self-determination 7) Confidentiality459 Individualization is the recognition and understanding of each Client's right and need to be treated as an individual who has unique qualities arising from his heredity, environment, and life's experiences. Purposeful expression of feelings is the recognition of the Client's need for communication at a time when his problem is partially or predominantly emotional. Controlled emotional involvement is the recognition of the client's need to receive an appropriate response to his feelings. Acceptance means perceiving and dealing with the Client as he really is rather than as the caseworker might wish him to be, maintaining all the while a sense of the Client's innate dignity and personal worth. The nonjudgmental attitude is the recognition that the caseworker's role is to understand and help rather than judge or condemn him. Client self-determination is the recognition of the client's right and need to make his own decisions [within the limit of law]. Confidentiality is the preservation of secret information concerning the Client which is disclosed in the casework interview. . . . "The probation officer as a caseworker with use of authority as a special factor has been given considerable attention in 461 the professional literature." , ‘ 460 ' Ibid., p. l. Loc,cit. 4581bid., p. 136. 459 461 ‘ American Correctional Association, Manual of Cor— rectional Standards, op. cit., p. 299. APPENDIX E WHAT THE CORRECTIONAL WORKER NEEDS TO KNOW The probation officer, the parole officer, or the person who works in a prison is called the correctional worker. The following are the seven items that the correctional worker needs to know: 1. The generic qualities for effective practice in social work, i.e., the ability to form interpersonal relationships, the capacity to identify with a wide range of people, an active interest to help, an ability to feel intensively while retaining objectivity, and an interest in under- standing oneself accompanied by an interest in change of oneself. Ability to use authority comfortably, neither fearing nor avoiding it, nor overdependent upon it nor overusing it. This is predicated on a mature acceptance of authority with as little residue as possible of infantile hostility, fear or rebelliousness. If this acceptance is lacking, the worker will find difficulty in seeing authority as a reality and in helping the client to mobilize his energy within it instead of becoming involved in grappling with the immovable reality rather than with the problems. A basic sense of his own adequacy and strength which minimizes the need to dominate others or the urge to be a "good fellow" at all costs. An awareness of legitimate hostility and an ability to express it or repress it. Authority is a dangerous temptation to the aggressive hostile person. Strength and some immunity in facing extreme aggression and hostility because responsibilities in this field include ability to meet hazardous situations where the awareness of the need as well as the ability to the calculated risks is essential. 258 259 6. Recognition that a successful solution is not possible in all cases and that there are limitations beyond which you cannot proceed in this field. 7. Ability to work with persons from other agencies since the legal framework inevitably borders upon other fields. Persons who have a need to deal with total situations and do not like to share responsibilities with others will not be comfortable or adequate in authoritative settings.462 4 2 . . . .... 6 Price Chenault, "Structuring An In-SerVice Training Program," Alabama Correctional Journal, 7:1,~June, 1960,. p. 46, as quoted from American Prison Association, In-Service Training Standards forLPrison Custodial Officers (New YCrk: American Prison Association, 1951), p. 12. APPENDIX F P RI NC IPLE S OF INTE RVIEWING The interview is an important instrument for securing information from and for treatment of the client in probation, prison, and parole. Interviewing is an instrument of the casework relationship. The success of the interview depends upon the interviewer's ability to establish rapport, his attitudes, and his skill in the interviewing techniques. The following are principles of interviewing: l. The importance of rapport. Rapport means harmony. First of all the interviewer must establish a relationship in which the client will feel free to communicate. This relation— ship is based on the Client's trust. In securing information from the client, for example, about his past life, his family, his companions, or his offense, the interviewer should always tell the client how the information is to be used. If the information is regarded as confidential to be revealed only with the client's permission, the Client should be informed of this fact. If the information will be available to others, the client should be informed. When rapport is established in an interview relationship, it is characterized by confidence, mutual respect, and cooperation. 260 261 It is the responsibility of the interviewer to establish and maintain rapport. The techniques for establishing rapport are quite consistent with common courtesy. 2. The interviewer indicates his interest in the Client. The interviewer should avoid the impression that he is too busy to talk to the Client or that he has many other things to do. The entire interview period should be devoted to the Client and his affairs. There should be privacy in interviewing with no distractions or interruptions. Telephone calls and visitors should be avoided except under extraordinary circum- stances. 3. The interviewer communicates to the client at his level. The interviewer should use the words and concepts that the client can understand. Professional jargon should be avoided. 4. The interviewer avoids distractions or annoyipg mannerisms. These distractions include unusual physical surroundings and unusual dress or behavior. For the most part, jokes or accounts of personal experiences are to be avoided. Physical contact other than shaking hands is inappropriate. 5. The attitudes of the interviewer. The closeness of the interview situation communicates the attitudes and feelings of the interviewer to the Client. Sometimes it is difficult 262 for the interviewer to accept certain cases in the interview situation. He may react to the Client in the same way as others react to the client. This reaction is not bad because from such reaction the interviewer learns how the client affects others. This kind of reaction is not a handicap on the part of the interviewer, but the interviewer should know himself well enough to differentiate between such normal reactions and a reaction to the client as a result of the interviewer's own anxieties, insecurities, and problems. Usually, however, such reactions are based on stereotypes or false impressions and will diminish as the interviewer tries to understand the client and his reactions to him. Structuring within an interview should be kept at a minimum. When rapport has been established, the course of the interview is determined primarily by the Client. There is little need for direction from the interviewer. This does not mean that the interviewer should not make some preparations for the interview. The interviewer should have his own goals for the interview. He should examine and review the material from the case record of the client before each interview. 6. Listening to the client. The goal of the interview is for the interviewer to obtain information from the client rather than to give information. The interviewer should listen to the client's story without interfering with 263 excessive directing, questioning, and information-giving. 7. Understanding the client. Assuming that rapport has been established and the client talks freely, the interviewer must interpret what he sees and hears in order to evaluate the Client. The interviewer should listen not only to what the Client says but also to how the client speaks, because the quality of speech will tell the feelings of the Client. The interviewer should observe the Client's gestures, manners, and dress. 8. In addition to the content of the client's story, certain characteristics obtained from the interviewyshould be noted here: "Association of Ideas. The client, for example, mentions his inability to get along with his boss soon after he talks about his feelings toward his father. Shifts in conversation. The material discussed may have been too painful or the patient may be seeking to relate the topic of conversation to himself. Recurrent Explanations or references. Unconscious conflicts may be expressed by frequently recurring themes. Inconsistencies and gaps. The Client has difficulty in saying certain things because of guilt, hostility, ambivalence, etc. Defense mechanisms. Digressions, rationalizations, projections, and the like often indicate general area and true nature of the conflict." 9. Free expression and emotion should be encouragedy but they should be kept within the limit of the interview situation. 264 There should be some limits on the client's behavior, other- wise disciplinary problems may arise. The interviewer has the authority to enforce limits. 10. The interviewer should bepprepared for the Client's questions. When rapport has been established, the interviewee may feel free to ask the interviewer questions. The answer of the interviewer may help or hinder the progress of the interview. The interviewer should not express his own opinion or concur with the client's opinion on personal or controversial matters such as religion or the behavior of friends, because the motivations of the client in asking these matters are difficult to know. 11. When it is necessary for the interviewer to ask questions, he should ask them clearly, concisely, and for "ticklish" questions, he should ask them straight- forwardly. 12. Emotional scenes should be handled tactfully. Sometimes the Client shows emotional reactions such as anger or crying. The interviewer should handle these reactions with under- standing and acceptance (empathy), without becoming emotionally involved himself (sympathy). 13. Termination of the interview. There should be a time limit for the interview, usually about an hour; and the Client should be aware of this. In the termination period of each 265 interview, the client should have the answer or know what he is going to do next. 14. The foregoing 13 principles are only a guide. A skillful interview requires experience and understanding of people. "Where understanding is present, the techniques will take care of themselves."463 463 . . . . . ‘ Raymond D. Fowler, 'PrinCiples of InterVieWing," Alabama Correctional Journal, 7:; ”December, 1960, pp. l—6. APPENDIX G GROUP THERAPY AND GROUP COUNSELING IN THE RESOCIALIZATION PROCESS Group therapy or guided group interaction is defined as "the use of free discussion in a friendly supportive atmosphere to re-educate the delinquent to accept the restrictions of society and to find satisfaction in conforming to social norms . . "464 . rather than follOWing delinquent patterns. BaSically group therapy attempts to reorient and resocialize inmates through group interaction. The dynamics of the group are . . 465 used as a tool to modify the personality of each member. Counseling is defined as consultation to offer a course of action. Counseling implies mutual consent. The goals of counseling are to solve immediate problems or to develop the offender's understanding and maturity. Counseling may be provided by social workers, a psychiatric staff, teachers, and . 466 work superVisors. Group therapy and group counseling have the same purpose. The difference is that group therapy requires 4 . Robert G. Caldwell, Criminology, op. Cit., p. 566. 465 ,' Ibid., pp. 564-65. 4 6 . . . . 6 American Correctional Assoc1ation, Manual of Correctional Standards, op. Cit., p. 298. 266 267 professional leaders, whereas group counseling may use lay leaders. Group therapy was first recorded in 1931. It was first used with tuberculosis patients and with psychoneurotic and other mentally disturbed cases. Group therapy became popular in the treatment of maladjusted soldiers and sailors . 467 . . in World War II. Group therapy was introduced into some correctional institutions in the early 1940's to readjust . . . . . 468 the attitudes of prisoners while in prisons and before release. There are various forms of group therapy. These forms are sometimes associated with the names of the persons who . . 469 . first introduced them. BaSically there are three forms of group therapy: 1. The repressive-inspirational psychotherapy. 2. The analytical therapy. . . 470 3. The didactic psychotherapy. The repressive-inspirational psychotherapy urges the individual "to control himself, suppress asocial or worrisome 467Loc. Cit. 468 . . Ruth Shonle Cavan, Criminology (New York: Thomas Y. Crowell Co., 1956), p. 464. 469 Walter A. Lunden, "Recent Experiments in Group Alabama Correctional Journal, 7:1, June, 1960, Therapy, p. 25. 470 . ‘ . Paul W. Tappan, Contemporary Corrections, op. Cit., p. 211. 268 thoughts and wishes, and find an interest in life, work, 471 . . . . community, religion, etc." The repreSSive-inspirational method uses "the emotional appeal of an evangelistic revival . . . . 472 meeting and the commerCial techniques of salesmanship." The analytical therapy urges "the loosening of repression, the conscious recognition and analysis of unconscious "‘473 asocial wishes. This method holds that when the patient's energies are free, he will find suitable outlets in life. The analytical method uses "free association and intuitive . . . "474 interpretation of material presented by group members. The didactic approach uses the class method of treat- ment. This method believes that the "intellectual insight 475 and verbal knowledge of psychodynamics constitute treatment." These various kinds of group therapy are used along with other rehabilitative programs. The word "guided group interaction" instead of "group therapy" or "group psycho— therapy" was introduced in New Jersey reformatories to avoid any implication that the inmates were mentally abnormal or 476 unbalanced. The major emphasis of guided group inter- 0 action is on the group and its development rather than on the exhaustive psychoanalysis of the members of the group.477 4711bia. 4721bid. 4731bid. 474Ibid. 475Ibid. 476Ibid. 477 ‘ Edwin H. Sutherland and Cressey R. Donald, Principles of Criminology, op. cit., p. 494. 269 The number of inmates in each kind of group therapy is as follows: 1. Group psychoanalysis 2-4 patients. 2. Psychodrama 2-5 patients. 3. Release therapy 5-12 patients. 4. Repressive-inspirational therapy 10—50 individuals. 5. Group orientation 10-100 indivi- duals.478 A guide as to who should attend group therapy is to select the individual who does not disturb the equilibrium of the group. Selection should be made on the basis of reaction to group life rather than on belonging to categories such as . 4 psychopaths and neurotics. 79 In large groups the inmates are heterogeneous; in . 480 . . small groups the inmates are homogeneous. The inmates in small groups may be selected on the basis of (1) aggressive, (2) depressed and withdrawn, (3) normal, and (4) introductory . 481 behaVior. Homogeneous groups should be used (1) when the interview is used as the type of therapy, (2) when the therapy is less profound and non-intensive, and (3) when the therapist is not trained for a deep level of therapy. Heterogeneous groups should be used (1) when there is a need for a deep level of therapy, (2) when it is necessary to modify Character structure, and (3) when the therapist has adequate 478Paul W. Tappan, Contemporary Corrections, op. Cit., p. 212. 481 4791bid., p. 217. 48OIbid., p. 214. Ibid. —-—-—— _—- 270 . , , 482 training and experience. Guided group interaction in the New Jersey Reformatory consists of both small and large groups. In the heterogeneous or large group, the number of inmates is between 125-175.483 In the homogeneous or small group, the number of inmates is from twelve to thirty-five inmates. The inmates meet with a leader every day for a fifty—minute session. All inmates attend three large group meetings and three small group meetings weekly.484 The inmates attend for about 26 weeks.485 This therapy program is coordinated with mental hygiene, principles of human relations, visual aid, and music to pre- pare the way for and to augment emotional reactions to visual aid.486 Supporters of group therapy presume that (l) the inmatesare reformed through insight combined with ventilation about their resentment of authority,feeling of guilt, frustra- tion, etc., (2) by accepting the fellow inmates' opinions in the therapy session, the inmate in turn will accept the restriction of society; (3) by guided group interaction, the inmate becomes interested in other inmates and sees that other inmates have the same problems as he has; this changes the 482Ibid., p. 214. 483Ibid., p. 212. 484Ibid. 485 486 Ibid., p. 214. Ibid. 271 inmate's attitude from egocentric to altruistic; (4) the problem in group therapy is not individual versus society, but the problem concerns criminal values versus anti—criminal 487 . . . values; (5) the group benefits the inmates by reduCing . . . . . 488 isolation; the permiSSive atmosphere reduces tenSion. The inmate learns that satisfaction comes from an inmate's cooperation with his associates rather than an inmate's . . . _ 489 explOitation of his assoc1ates; (6) group therapy destroys the routinized living in the prison. From the discussions in the group, the inmates are aware of present, past, and future problems. If a group program is effective, there is . . . . . . 490 a modification in the behaVior pattern of the inmates: (7) films are one of the mediums which help in presenting health lectures and which help in getting across to the inmates the importance of securing psychiatric counsel for emotional upsets. Films are helpful to overcome hostility and to create favorable attitudes toward law, etc.;491 (8) there is evidence 487 _ , , Sutherland, Criminology, op. Cit., p. 495. 488Taft, Criminology, op. Cit., p. 591. 489mm . 490 Tappan, Contemporary Corrections, op. Cit., p. 215. 491Mabel Elliot, Crime in Modern Society, op. Cit., p. 629. 272 that where group counseling or group therapy operates on a wide scale, infractions of rules diminish. The inmates and the custodial staff are more relaxed and tolerant toward each , 492 other, and the number of escapes is reduced; (9) group therapy helps the inmate to adjust better to prison life and to have peace of mind and a new purpose in life instead of 493 merely doing time. This makes the prison operate more easily;494 (10) group therapy opens means of communication between inmates and administrators. This communication in- creases mutual understanding and respect. Having explained the meaning of group therapy, the various forms of group therapy, homogeneous and heterogeneous groups, and the effect of group therapy, the writer of this thesis will give an example of group therapy here. At the Iowa State Penitentiary at Fort Madison, the analytical approach of group therapy was used. Eleven incorrigible inmates were selected for the pilot group on a voluntary basis. The inmates were told that the group therapy 492 . . . . Barnes and Teeters, New Horizopein Criminology, op. cit., p. 481. 493Walter A. Lunden, "Recent Experiment in Group Therapy," op. cit., p. 30, 32. 494 Robert G. Caldwell, Criminology, op. cit., p. 566. 4951bid., p. 567. w 273 was of an experimental nature for the benefit of the inmates themselves. There were four essential steps in this group therapy experiment. The first step was the "what." The inmates learned to identify persons and ideas that were their problems. The second step was the "why." Through writing their own autobiographies, the inmates tried to find out why or how the problems occurred. The "why" was then linked to the "what." The dissatisfaction which created emotions of the "why" was compared by the leader of the group therapy to a "motor race." Once the emotions occurred, they created a "motor race" which in turn affected emotions. These emotions in turn increased the "motor race" just as a cycle. Ultimately this "motor race" was strong enough and produced the result in a committed crime. The third step used at the Iowa State Penitentiary was the "habit." The habitual behavior of one person may irritate others. Because the behavior is his own, a person is used to it and does not realize that it may irritate others, and vice versa. Once an inmate learned this concept, he began to make allowances for other people's behavior, and the "motor race" did not occur. The fourth step was "physico—muscular exercise." There is a relation- ship between physico—muscular tension and mental status. Through proper muscular relaxation and rhythmical breathing, 274 , 496 emotions become calm. One important aspect of group therapy is the in— service training for the staff and the custodial officers. The inmates may threaten the staff to disclose in the group therapy sessions anything that is unpleasant to them. Unless the members of the staff are trained about the goals and methods of the group therapy program, they may feel insecure and , 497 hostile toward the program. Psychiatrists, psychologists, sociologists, social caseworkers, and counselors may be group therapists. Lay . . 498 counselors may be recruited from all serVices. If the group therapy program is to be effective, the leader must build rapport with the inmates and must be accepted by the 499 group. Some considerations for the selection of inmates in homogeneous and heterogeneous group therapy have been mentioned. The following are seven basic considerations in guided group 4 . . 96This example of the analytical method of group therapy was summarized from Walter A. Lunden, "Recent Experiment in Group Therapy," op. Cit., p. 29. 497 . . Paul W. Tappan, Contemporary Corrections, op. Cit., p. 217. 498 Harry Elmer Barnes and Negley K. Teeters, New Horizons in Criminology (Englewood Cliffs, N.J.: Prentice— Hall, Inc., 1961), p. 479. 49anonaldR; Taft, Criminology (New YCrk: The Mac- millan Co., 1961), p. 591. 275 interaction: 1. The inmates should be selected on the basis of their ability to work together with the group. 2. The leader and the inmates should be suited to each other. 3. The inmates should be of the same age, educational level, and intelligence. 4. Voluntary participation is desirable. 5. The group should not have more than twenty members. 6. Each group should meet at regular intervals and at specified times. 7. The continuity of group membership is important, since a high rate of turnover makes it difficult to develop common bonds of understanding and sympathy.500 As has previously been stated, group therapy is only one element of the total program of rehabilitation. From the evaluation of the group therapy program, the results seem to be fruitful.501 Like other kinds of rehabilitative programs, more effective techniques need to be tried. Robert G. Caldwell suggested three questions regarding group therapy: 00 Robert G. Caldwell, Criminology, opypcit., p. 567. 501 . Tappan,w Contemporary Corrections, op. Cit., p. 567. 276 1. What kind of leadership and procedure produces the most successful group therapy program? 2. Will it function well in all kinds of institutions with all types of inmates? 502 3. What effect does it have upon discharged persons?‘ These questions stimulate thinking in conducting a group therapy program as well as stimulating research in this area. 502Caldwell, Criminology, op. cit., p. 568. APPENDIX H CRITERIA FOR PAROLE SELECTION Criteria for Parole Selection were discussed in the 1958 Proceedings of the American Prison Association. The following were criteria for parole selection suggested by three correctional writers experienced in the selection of inmates for parole. l. Everette M. Porter suggested these criteria: a) b) c) d) e) f) The nature and gravity of the inmate's offense against society; The deviant history of the person seeking _ parole or the absence of any misconduct in his past life; The inmate's total personality as the same reflects the presence or absence of potential and capacity for serious harm to society: The likelihood that on release the offender will return, or will not return to a life of criminal conduct and the probable injury society will suffer should the prisoner become a recidivist: What efforts have been made, or not made by the prisoner since imprisonment by way of improve- ments in habits of social conduct--education or skills-—to demonstrate an honest desire to live in harmony with society and its laws; and How effective or ineffective the efforts of the inmate seem to have been and will probably be when released in aiding him or her toward living a life free of crime. Furthermore, Everett M. Porter said that each board member should have the satisfactory answer to the following questions: 277 278 Is he dealing with a mental defective and to what degree the person is defective? Is the person suffering from a debilitating neurosis or psychosis? . Is the person an alcoholic or a narcotic addict? Is the person suffering from psychopathy growing out of bad experiences of childhood, or whether the source of the problem is in some other area? Thomas R. Jones suggested the following criteria: a) b) c) d) e) f) g) a) b) C) Type of offense and length of sentence Prior reCord of offenses. - . - . O ' Previous parole or probationary experiences PsychiatriC and psychologiCal evaluations InStitutional adjustment. ' ° ° ' ° ' Change of attitudes and thinking. Satisfactory release planning H. Swearingen suggested these criteria: . . . whether or not his law-violation and/or anti-social behavior and attitudes were a part of his normal approach to community living. . What factors and weaknesses precipitated the man's delinquency? Will these conditions continue to be present when released? Can adequate safe— guards be placed around them to give reasonable assurance that they will not dominate his actions again? What are the man's weaknesses? Basically they may be expected to fall in one or more of four specific areas: (1) drinking: (2) gambling; (3) unstable work record; (4) association with undesirables. These, of course, lead to related problems of failing to meet financial obligations, d) e) f) g) h) i) j) k) 279 neglect of family, etc. 1) . . . to what extent they may be controlled or eliminated. . . . 2) Does he actually have the ability to cope with them without undue harm to himself and the community? . . . . What are the man's strengths? How can they be utilized to help him overcome his weaknesses or to minimize them to the extent they will not be harmful to the community? . . . . Will his family ties be a strength or weakness in this man's community life? . . . . Perhaps the most important single strength is a good work record and an extremely stable employment plan. . . . What is the attitude of the community toward the man's parole? . . . . What is the man's institutional record? . . . . The parolee must understand thoroughly the require- ments for parole and our reasons for them. . . . What is the man's attitude:(a) toward parole; (b) his responsibility to his family and the community; (c) toward society: (d) toward a real desire to put the past behind him; turn his period of custody into an asset and to use all his abilities toward good citizenship in the future? Does the proposed TIME OF RELEASE meet certain necessary requirements? (a) Does he have sufficient sentence remaining to enable parole treatment to accomplish its needed purpose? 280 (b) Has he served a sufficient period to have received maximum benefit from custodial treatment? . . . . (c) Has he served a sufficient period for the community and inmate population to accept his release as proper and fair? . . . O O O O C O O O O O O O O O O O C O O C (d) How many times has the man previously failed on parole? . . . The first failure is often a useful tool in the second parole, both in avoiding errors on our part and in helping the man to understand the absolute necessity for conforming to requirements of good citizenship. When a man has failed twice on parole he cannot reasonably be expected to conform on later problems but rather to feel such effort on his part is not necessary. Also, each sub- sequent parole beyond the second Chance lessens the respect and confidence of the community and the inmate population in the parole program and it is greatly harmed by such procedure. There is again, of course, the rare exception which can be used in community education but it must be such an exception or the parolee himself will prove the lack of wisdom of repeated releases after prior failures. 1) . . . the final and crucial question: Does he appear to have an even Chance or better to make good on parole, without undue risk to the community if he failed?503 3Everett M. Porter, Thomas R. Jones, and W. H. Swearingen, "Criteria for Parole Selection," Proceedings of the American Prison Association, 1958, pp. 225—47. It is suggested that the reader combine the criteria of the above three writers with the criteria for parole selection in Michigan and Thailand which were previously presented in Chapter VII. APPENDIX I 504 MICHIGAN GOOD TIME ALLOWANCES Michigan's Good Time Law is mandatory. "Every convict who shall have no infraction of the rules of the prison or the laws of the state recorded against him, shall be entitled to and shall receive a reduction from his sentence as follows": Under the provisions of Act 105, P.A. 1953, (M.S.A. 28.1403), inmates of Michigan prisons must be granted reductions from sentence in the form of good time allowances in accordance with a uniform scale applicable to all inmates. The number of days of "regular" good time which are granted, increases with the number of years served, as follows: Good Time Allowance Years of Service Per Month During first and second year Five days Third and fourth year Six days Fifth and sixth year Seven days Seventh, eighth and ninth Nine days Tenth through fourteenth Ten days Fifteenth through nineteenth Twelve days Twentieth and succeeding Fifteen days In addition to "regular good time," the Wardens of the various institutions, with the consent and approval of the Director of Corrections, may grant inmates "special good time” in amounts not to exceed one-half of the amount of "regular good‘ time" allowed under the foregoing schedule. 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