B-130879, MAY 14, 1957

B-130879: May 14, 1957

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THE LETTER OF THE ASSISTANT ATTORNEY GENERAL REPORTS THAT AN IMPORTANT PART OF THE DIAGNOSTIC TREATMENT WILL BE TO PERMIT YOUTHS STILL UNDER COMMITMENT TO LIVE TEMPORARILY IN SURROUNDING CITIES WITHOUT SUPERVISION AND THAT THESE FURLOUGHS WILL ASSIST PROSPECTIVE RELEASES IN ADJUSTING TO CIVILIAN LIFE. WILL ENABLE THE INSTITUTION TO ANALYZE THEIR REACTIONS TO THE PEOPLE IN THE COMMUNITIES. IT IS REPORTED THAT DURING THESE PERIODS THE YOUTHS WILL NOT BE IN A RELEASE STATUS BUT WILL CONTINUE TO BE THE RESPONSIBILITY OF INSTITUTIONAL AUTHORITIES. IN PART: "IT WILL BE NECESSARY TO FURNISH THE YOUTHS WITH TRANSPORTATION. THOSE FURLOUGHS WILL NOT COME WITHIN THE MEANING OF PRESENT LEGISLATION.'.

B-130879, MAY 14, 1957

TO THE ATTORNEY GENERAL:

ON FEBRUARY 19, 1957, THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL SUBMITTED FOR DECISION CERTAIN QUESTIONS PERTAINING TO THE REHABILITATIVE STUDY AND TREATMENT OF YOUTHS COMMITTED TO THE FEDERAL PRISON SYSTEM UNDER THE FEDERAL YOUTH CORRECTIONS ACT, 18 U.S.C. 5005 5026.

THE LETTER OF THE ASSISTANT ATTORNEY GENERAL REPORTS THAT AN IMPORTANT PART OF THE DIAGNOSTIC TREATMENT WILL BE TO PERMIT YOUTHS STILL UNDER COMMITMENT TO LIVE TEMPORARILY IN SURROUNDING CITIES WITHOUT SUPERVISION AND THAT THESE FURLOUGHS WILL ASSIST PROSPECTIVE RELEASES IN ADJUSTING TO CIVILIAN LIFE, TO MAKE CONTACTS FOR FUTURE EMPLOYMENT, AND WILL ENABLE THE INSTITUTION TO ANALYZE THEIR REACTIONS TO THE PEOPLE IN THE COMMUNITIES. IT IS REPORTED THAT DURING THESE PERIODS THE YOUTHS WILL NOT BE IN A RELEASE STATUS BUT WILL CONTINUE TO BE THE RESPONSIBILITY OF INSTITUTIONAL AUTHORITIES.

THE LETTER CONTINUES, IN PART:

"IT WILL BE NECESSARY TO FURNISH THE YOUTHS WITH TRANSPORTATION, SUITABLE CLOTHING, AND FUNDS FOR ROOM RENT, FOOD, LAUNDRY AND OTHER LIVING EXPENSES. THERE EXISTS A QUESTION AS TO THE AVAILABILITY OF APPROPRIATED FUNDS FOR THESE COSTS. LANGUAGE OF THE "SALARIES AND EXPENSES, BUREAU OF PRISONS" AND "SUPPORT OF UNITED STATES PRISONERS" APPROPRIATIONS ALLOWS CONTRACTUAL ARRANGEMENTS FOR THE SUPPORT OF INMATES IN NON-FEDERAL INSTITUTIONS. HOWEVER, THOSE FURLOUGHS WILL NOT COME WITHIN THE MEANING OF PRESENT LEGISLATION.'

IN CONNECTION WITH THE FOREGOING, THE FOLLOWING QUESTIONS ARE PRESENTED FOR OUR CONSIDERATION:

"1. IS THE APPROPRIATION "SALARIES AND EXPENSES, BUREAU OF PRISONS" AVAILABLE FOR LIVING EXPENSES OF YOUTHS WHO ARE ON FURLOUGH FROM THE INSTITUTION WITHOUT SUPERVISION?

"2. MAY WE FURNISH FUNDS IF THE YOUTHS LIVE IN HOMES OF RELATIVES DURING THESE PERIODS?

"3. WILL IT BE PROPER TO PAY THE EXPENSES OF MORE THAN ONE FURLOUGH FOR THE SAME YOUTH?

"4. IF THE ADJUSTMENT IS SUCH THAT THE YOUTH CAN BE OFFICIALLY RELEASED WHILE STILL ON FURLOUGH AND DOES NOT RETURN TO THE INSTITUTION, WILL HE BE ENTITLED TO RELEASE GRATUITY AND OTHER DISCHARGE ALLOWANCES?

"5. ASSUMING AN AFFIRMATIVE ANSWER, WHAT ADMINISTRATIVE REQUIREMENTS MUST BE MET TO SATISFY THAT THERE IS NO NEGLIGENCE ON THE PART OF THE YOUTH? FOR EXAMPLE, A YOUTH WHO DOES NOT ADJUST CONCEIVABLY MAY SPEND FUNDS FOR PURPOSES OTHER THAN INTENDED. WILL DISCRETIONARY ADMINISTRATIVE REGULATIONS BE SUFFICIENT?

THE DEPARTMENT OF JUSTICE APPROPRIATION ACT, 1957, 70 STAT. 305, 307, UNDER THE ADING,"FEDERAL PRISON SYSTEM," SUBHEADING,"SALARIES AND EXPENSES, BUREAU OF PRISONS" PROVIDES, IN PART, AS FOLLOWS:

"FOR EXPENSES NECESSARY FOR THE ADMINISTRATION, OPERATION, AND MAINTENANCE OF FEDERAL PENAL AND CORRECTIONAL INSTITUTIONS, INCLUDING SUPERVISION OF UNITED STATES PRIOSNERS IN NON-FEDERAL INSTITUTIONS AND THEIR SUPPORT IN ALASKA * * * $30,735,000 * * *.'

THE APPROPRIATION PROVISION DOES NOT SPECIFICALLY PROVIDE FUNDS FOR THE PURPOSES SET FORTH IN YOUR DEPARTMENT'S LETTER. MOREOVER, THERE IS NOTHING IN THE APPROPRIATION JUSTIFICATIONS SUBMITTED TO THE CONGRESS IN CONNECTION WITH SUCH PROVISION TO INDICATE THAT EXPENDITURES FOR THE PURPOSES IN QUESTION WERE CONTEMPLATED BY YOUR DEPARTMENT. FURTHER, IT DOES NOT APPEAR FROM THE APPROPRIATION HEARINGS THAT THE CONGRESS WAS INFORMED OF THE NECESSITY FOR FUNDS FOR SUCH PURPOSES. THE LEGISLATIVE HISTORY OF THE APPROPRIATION PROVISION DISCLOSES THAT THE FUNDS MADE AVAILABLE THEREIN WERE "TO PROVIDE FOR THE CUSTODY, CARE AND TREATMENT OF PRISONERS IN FEDERAL INSTITUTIONS, MAINTENANCE AND OPERATION OF THE INSTITUTIONS, AND MEDICAL SERVICES.' SEE PAGE 10, HOUSE REPORT NO. 2021, 84TH CONGRESS, 2D SESSION, ON DEPARTMENTS OF STATE AND JUSTICE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATION BILL, FISCAL YEAR 1957. DOES NOT APPEAR THAT YOUTHS WHO ARE ON FURLOUGH FROM FEDERAL INSTITUTIONS AND LIVING IN PRIVATE HOMES MAY BE SAID TO BE "IN FEDERAL INSTITUTIONS" WHILE ON FURLOUGH, AND THERE IS NOTHING IN THE LEGISLATIVE HISTORY OF THE APPROPRIATION TO INDICATE THAT IT WAS TO BE AVAILABLE FOR THE CARE OF PRISONERS NOT IN SUCH INSTITUTIONS. ALSO, AN EXAMINATION OF THE ACTION TAKEN BY THE HOUSE OF REPRESENTATIVES ON THE SIMILAR APPROPRIATION ITEM FOR THE FISCAL YEAR 1958 INCLUDED IN H. R. 6871, 85TH CONGRESS, WHEN IT PASSED THAT BILL ON APRIL 17, 1957, FAILS TO SHOW ANY FUNDS WERE REQUESTED BY YOUR DEPARTMENT OR APPROVED BY THE HOUSE OF REPRESENTATIVES FOR THAT PURPOSE FOR THE FISCAL YEAR 1958. IN THAT CONNECTION, IT IS SPECIFICALLY STATED IN YOUR DEPARTMENT'S LETTER THAT "THESE FURLOUGHS WILL NOT COME WITHIN THE MEANING OF PRESENT LEGISLATION.'

ACCORDINGLY, THE FIRST QUESTION PRESENTED IN YOUR DEPARTMENT'S LETTER IS ANSWERED IN THE NEGATIVE. IN VIEW OF THE ANSWER TO THAT QUESTION CONSIDERATION OF THE REMAINING QUESTIONS IS UNNECESSARY.