KF26 COMMITTEE ON THE DISTRICT OF COLUMBIA THOMAS F. EAGLETON, Missouri, Chairman CHARLES MCC. MATHIAS, JR., Maryland DANIEL K. INOUYE, Hawaii ROBERT HARRIS, Staff Director and Counsel GENE E. GODLEY, General Counsel SUBCOMMITTEE ON BUSINESS, COMMERCE, AND JUDICIARY JOHN V. TUNNEY, California CHARLES MCC. MATHIAS, JR., Maryland (II) CONTENTS WITNESSES Avery, Allen, associate director, Community Service.. Ewing, Blair G., director, Office of Criminal Justice Plans and Analysis, Page 71 165 200 Ferrell, H. Albion, vice chairman, Board of Parole.. Greene, Chief Judge Harold, Superior Court of the District of Columbia 196 21 rections_ Miller, Herbert J., past president, District of Columbia Bar Association, and former chairman, President's Commission on Crime... Montilla, M. Robert, deputy director, District of Columbia Department Moore, Luke C., chief, Superior Court Division, U.S. Attorney's Office... 11 189 54 Schuman, Allan M., superintendent, Youth Services - Sisson, John W., administrator, Training Academy- Starobin, Sam D., director, District of Columbia Department of General Trebach, Dr. Arnold S., senior consultant, Criminal Justice Planning and 25 MATERIAL SUBMITTED "A Summary of Completed Research: 1967-1970," report, Office of Plan- Research and evaluation.. 79 186 162 Boone, John O., superintendent of adult services, District of Columbia 160 Ewing, Blair G., director, Office of Criminal Justice Plans and Analaysis, 165 Hardy, Kenneth L., director, District of Columbia Department of Correc- 75 Currently active and proposed projects.. Fiscal Year 1972 Operating Budget Request-Direct Appropriations.. Fiscal Year 1971 Allotment, Operating Budget-Direct Appropriations___ Fiscal Year 1967 Allotment, Operating Budget-Direct Appropriations__- APPENDIXES Appendix A.-Response from the Department of Corrections to the Senate Appendix B.-Report and Recommendations for Juvenile and Adult Appendix C.-Study by the American Correctional Association of the Appendix E.-The Cost of Correcting Youthful Offenders, District of Page 207 229 327 433 467 COURT REFORM ACT IMPACT ON CORRECTIONAL SYSTEM WEDNESDAY, JUNE 16, 1971 U.S. SENATE, SUBCOMMITTEE ON BUSINESS, COMMERCE, AND JUDICIARY, The committee met, pursuant to notice, at 10 a.m., in room 6226, New Senate Office Building, Senator Adlai E. Stevenson III, presiding. Present: Senators Stevenson and Mathias. Also present: Gene E. Godley, general counsel; Robert B. Washington, counsel; and Clarence V. McKee, Jr., minority staff member. Senator STEVENSON. This morning the Subcommittee on Business, Commerce, and Judiciary of the Senate District Committee opens oversight hearings on the Court Reform and Criminal Procedure Act of 1970 and its impact on the correctional system of the District of Columbia. These hearings are a continuation of this committee's well-documented concern over the administration of criminal justice in the District of Columbia and its contribution to the improvement of that system. On July 16, 1965, President Johnson appointed a Commission on Crime in the District of Columbia to study crime prevention and control in the District of Columbia at a time when there was alarming concern over the incidence of crime in the District. The full report of this Commission was released on January 1, 1967, and was a comprehensive factfinding study with some 262 recommendations. Two years later, in February of 1969, the then chairman of this committee, Senator Tydings, wrote to each agency and organization to which the Crime Commission recommendations were directed requesting a status report on the implementation of the recommendations. The response to these requests was published by the Senate District Committee and extensive hearings were begun on crime in the National Capital. These hearings eventually became 12 volumes and formed the basis for several legislative proposals, including the Court Reform and Criminal Procedure Act of 1970 which concerns us today. During the evolution of these hearings, an advisory panel against armed violence was appointed by the Senate District Committee on September 23, 1969, which reported to the chairman of the committee on December 3, 1969, with recommended solutions to the armed violence crisis in the National Capital. Based on all of these studies and hearings, the Court Reform and Criminal Procedure Act evolved and after lengthy consideration was enacted and signed into law on July 29, 1970. Because of the comprehensive nature of this act, its impact on the criminal justice system is destined to be vast and vigilence must be maintained to insure that the benefits of the act are not obscured by unforeseen problems that might develop. It is in this nature of oversight that this committee has decided to look into the District of Columbia corrections system to evaluate the results of the Court Reform Act. Specifically, we have been alerted to increased population trends in correctional institutions as a result of the act. Our attention will therefore be focused on the changing nature of the criminal justice system in the District of Columbia since the President's Commission on Crime report and the subsequent effect of the implementation of many of those recommendations, including provisions of the Court Reform Act. These hearings will continue tomorrow. I expect to have at least one additional hearing after tomorrow. The record will remain open for any person wishing to contribute comments and for any of you who are present today and would like to make additional statements to the committee. Our first witness this morning is Mr. Herbert J. Miller, the former chairman, President's Commission on Crime, and past president of the District of Columbia Bar Association. Good morning, Mr. Miller. STATEMENT OF HERBERT J. MILLER, PAST PRESIDENT, DISTRICT OF COLUMBIA BAR ASSOCIATION, AND FORMER CHAIRMAN, PRESIDENT'S COMMISSION ON CRIME Mr. MILLER. Good morning, Senator. Senator STEVENSON. Do you have a statement you would like to place in the record? Mr. MILLER. If the committee please, I do not have a prepared statement. I discussed with Mr. Godley the fact that the time element intervened and I was unable to get a prepared statement. I would like to proceed verbally without a prepared statement, Mr. Chairman. Senator STEVENSON. Please proceed. Mr. MILLER. As the chairman has indicated, in 1965 President Johnson appointed a Crime Commission in the District of Columbia. The content of the Commission and the whole philosophy behind it tried to ascertain factually a study in which the administration of criminal justice operated in the District of Columbia. In too many instances decisions were made on surmised assumptions rather than hard facts. I know we on the Commission were quite divided in how much time and effort we had to spend on factfinding as distinguished |