1731

 

 

U. §. TREASURY DEPARTMENT

ANDREW W. MELLON, Secretary

PUBLIC HEALTH SERVICE

HUGH 8S. CUMMING, Surgeon General

DIVISION OF MENTAL HYGIENE

UNITED STATES PUBLIC HEALTH SERVICE

LAWS ESTABLISHING THE DIVISION
AND AUTHORIZING ITS FUNCTIONS

SUPPLEMENT No. 97
TO THE
PUBLIC HEALTH REPORTS

 

™

UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1931

 

 

 

 

 

 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - Price 5 cents

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LAWS ESTABLISHING THE DIVISION OF MENTAL
HYGIENE AND AUTHORIZING ITS FUNCTIONS

NARCOTIC FARMS

Early in the spring of 1928 Congressman Stephen G. Porter,
chairman of the Committee on Foreign Affairs of the House of
Representatives, and former chairman of the American delegation
to the Second Opium Convention at Geneva in 1925, introduced a
bill in Congress authorizing the establishment of two institutions
for the confinement and treatment of persons addicted to the use of
habit-forming narcotic drugs who have committed offenses against
the United States and of addicts who voluntarily submit themselves
for treatment. After extended hearings and a favorable report, the
bill passed the two Houses of Congress and was approved by the
President on January 19, 1929.

The act defines the fasta “ habit- forming narcotic drug” or “nar-
cotic” as meaning opium and coca leaves and their deri vaithvess and
also “Indian hemp” and “peyote.” This was the first time that
these two substances had been included as narcotics in Federal laws
dealing with the subject.

The Public Health Service was designated by Congress as the
Federal agency to administer the narcotic farms, and the act creates,
for this purpose, a new administrative division in the Office of the
Surgeon General to be known as the Narcotics Division.t The
institutions will be designed to rehabilitate, restore to health, and,
when necessary, train to be self-supporting aut self-reliant, persons
addicted to habit- forming drugs who are confined or admitied
thereto.

Following is the text of the act:

[Pusirc-—No. 672—70TH CoNGRESS] ee

[H. R. 18645]

An Act To establish two United States narcotic farms for the confinement and treatment
of persons addicted to the use of habit-forming narcotic drugs who have heen Con-
victed of offenses against the United States, and for other purposes

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That when used in this act—

(a) The term “habit-forming narcotic drug” or “narcotic” means opium
and coca leaves and the innumerable alkaloids derived therefrom, the best

 

1 The name “ Narcotics Division”? was changed to ‘“ Division of Mental Hygiene” by an
act approved June 14, 1930 (see p. 18).

1
2 DIVISION OF MENTAL HYGIENE

known of these alkaloids being morphia, heroin, and codeine, obtained from
opium, and cocaine derived from the coca plant; all compounds, salts, prepa-
rations, or other derivatives obtained either from the raw material or from the
various alkaloids; Indian hemp and its various derivatives, compounds, and
preparations, and peyote in its various forms.

(b) The term “addict” means any person who habitually uses any habit-
forming narcotic drug as defined in this act so as to endanger the public morals,
health, safety, or welfare, or who is or has been so far addicted to the use of
such habit-forming narcotic drugs as to have ae the power of self-control
with reference to his addiction.

- Sec. 2. That the Attorney General, the Secretary of the Treasury, and the
Secretary of War be, and are hereby, authorized and directed to select sites for
two institutions for the confinement and treatment of persons who have been or
shall be convicted of offenses against the United States, including persons con-
victed by general courts-martial and consular courts, and who are addicted to
the use of habit-forming narcotic drugs, and for the confinement and treatment
of addicts who voluntarily submit themselves for treatment.

Sec. 3. That upon selection of appropriate sites the Secretary of the Treasury

‘shall submit to Congress estimates of the cost of purchasing same, together

with estimates of the expense necessary to construct the proper buildings
thereon. The Secretary of the Treasury at the same time, and annually there-
after, shall submit estimates in detail for all expenses of maintaining the said
United States narcotic farms, including salaries of all necessary officers and
employees.

Src, 4. That the Secretary of the Treasury is hereby authorized to cause ‘the
plans, drawings, designs, specifications, and estimates for the remodeling or
construction of the necessary buildings to be prepared in the office of the
Supervising Architect, Treasury Department, and the work of remodeling or
constructing the said buildings to be supervised by the field force of said
office: Provided, That the proper appropriations for the support and mainte-
nance of the office of the Supervising Architect be reimbursed for the cost of
preparing such plans, drawings, designs, specifications, and estimates for the
aforesaid work and the supervision of the remodeling and construction of
said buildings.

Src. 5. That the control and management of the United States narcotic farms
shall be vested in the Secretary of the Treasury, who shall have power to
appoint competent superintendents, assistant superintendents, physicians, phar-
macists, psychologists, nurses, and all other officers and employees necessary
for the safe-keeping, care, protection, treatment, and discipline of the in-
mates. There is hereby created in the office of the Surgeon General of the
Bureau of the Public Health Service, in the Department of the Treasury, a
division to be known as the Narcotics Division, which shall be in charge of a
physician trained in- the treatment and care of narcotic addicts, and which
division shall have charge of the management, discipline, and methods of
treatment of said United States narcotic farms under the rules and regulations
promulgated by the Secretary of the Treasury. e

Sec. 6. That the care, discipline, and treatment of the persons admitted to or
confined in a United States narcotic farm shall be designed to rehabilitate
them, restore them to health, and where necessary train them. to be self-sup-
porting and self-reliant. For this purpose the Secretary of the Treasury shall
have authority to promulgate all necessary rules and regulations for the govern-
ment of the officers and inmates of said United States narcotic farms. The
Surgeon General of the Bureau of the Public Health Service shall also give
DIVISION OF MENTAL HYGIENE 3

the authorized representatives of each ‘State the benefit of his experience in
the administration of said United States narcotic farms and the treatment
of persons confined therein through the publication and dissemination of in-
formation on methods of treatment and research in this field, together with
individual and group case histories, to the end that each State may be en-
couraged to provide similar facilities for Ly care and treatment of narcotic
addicts within their own jurisdiction.

Sec. 7. That the authority vested with the power to designate the. place of
confinement of a prisoner is hereby authorized and directed to transfer to the
United States narcotic farms, as accommodations become available, all addicts,
as herein defined, who are now or shall hereafter be sentenced to confinement in
or be confined in any penal, correctional, disciplinary, or reformatory institution
of the United States, including those addicts convicted of offenses against the
United States who are confined in State and Territorial prisons, penitentiaries,
and reformatories: Provided, That no addict shall be transferred to a United
States narcotic farm who, in the opinion of the officer authorized to direct the
transfer, is not a proper subject for confinement in such an institution either
because of the nature of the crime he has committed, or his apparent incorrigi-
bility. The authority vested with the power to designate the place of confine-
ment of a prisoner is authorized to transfer from a United States narcotic farm
to the institution from which he was received, or to such other institution as
may be designated by the proper authority, any addict whose presence at a
United States narcotic farm is detrimental to the well-being of the institution,
or who does not continue to be a narcotic addict under the terms of this act. All
transfers to or from a narcotic farm shall be made by the officer in charge of
such farm, and the actual and necessary expenses incident to such transfers shall
be paid from the appropriation for the maintenance of such farm.

Src. 8. That it shall be the duty of each prosecuting officer, when sentence is
pronounced, to report to the authority vested with the power to designate the
place of confinement the name of each convicted person believed by him to be an
addict, as herein defined, his reasons for such belief, and: all pertinent facts bear-
ing on such addiction, together with the nature of the offense. :

Szo. 9. That the inmates of said narcotic farms shall be employed in such
manner and under such conditions as the Secretary of the Treasury may direct.

The Secretary of the Treasury may, in his discretion, establish industries,
plants, factories, or shops for the manufacture of articles, commodities, and sup-
plies for the United States Government; require any Government department
or establishment or other institution appropriated for directly or indirectly by
the Congress of the United States to purchase at current market prices as deter-
mined by the Secretary of the Treasury, or his authorized representative, such
articles, commodities, or supplies as meet their specifications; and the Secre-
tary of the Treasury shall provide for the payment to the inmates or their de-
pendents such pecuniary earnings as he may deem proper, and establish a work-
ing-capital fund for said industries out of any funds appropriated for said nar-
eotic farms; and said working-capital fund shall be available for the purchase,
repair, or replacement of machinery or equipment, for the purchase of raw mate-
rials and supplies, and for the employment of necessary civilian officers and em-
ployees: Provided, That at the opening of each regular session of Congress the
Secretary of the Treasury shall make a detailed report to Congress of the
receipts and expenditures made from said working-capital fund.

Sec, 10. That any inmate of said narcotic farms or any narcotic addict con-
fined in any institution convicted of an offense against the United States shall
not be eligible for parole under sections 1, 2, 3, 4, 5, 6, 7, and 8 of the act of
4 DIVISION OF MENTAL HYGIENE

Congress approved June 25, 1910, being an act to provide for the parole of
United States prisoners, and for other purposes, or under the provisions of any
act or regulation relating to parole, or receive any commutation allowance
for good conduct in accordance with the provisions of the act of Congress ap-
proved June 21, 1902, and entitled “An act to regulate commutation for good
conduct for United States prisoners,” and the acts amendatory thereof and sup-
plemental thereto, unless and until the Surgeon General of the Bureau of the
Public Health Service shall have certified that said inmate is no longer a nar-
-cotic addiet as defined by this act. When such certificate shall have been
made, the board of parole of the penal, correctional, disciplinary, or reforma-
tory institution from which such former addict was transferred may authorize
his release on parole without transfer back to such institution.

- So. 11. That not later than one month prior to the expiration of the sentence
of any addict confined in a United States narcotic farm, he shall be examined by
the Surgeon General of the Bureau of the Public Health Service, or his author-
ized representative. If he believes the person to be discharged is still an ad-
dict within the meaning of this act and that he may by further treatment in a
United States narcotic farm be cured of his addiction, the addict shall be in-
formed, under such rules and regulations as the Secretary of the Treasury may
promulgate, of the advisability of his submitting himself to further treatment.
The addict may then apply in writing to the Secretary of the Treasury for
further treatment in a United States nareotic farm for a period not exceeding
the maximum length of time considered necessary by the Surgeon General of
the Bureau of the Public Health Service. Upon approval of the application by
she Secretary of the Treasury or his authorized agent, the addict may be given
such further treatment as is necessary to cure him of his addiction: Provided,
‘That if any addict voluntarily submits himself to treatment he may be con-
fined in a United States narcotic farm for a period not exceeding the maximum
amount of time estimated by the Surgeon General of the Bureau of the Public
Health Service as necessary to effect a cure or until he ceases to be an addict
within the meaning of this act.

Seo, 12. That any person, except an unconvicted alien, addicted to the use
of habit-forming narcotic drugs, whether or not he shall have been convicted of
an offense against the United States, may apply to the Secretary of the Treas-
ury, or his authorized representative, for admigsion to a United States narcotic
farm,

Any such addict shall be examined by the Surgeon General of the Bureau of
the Public Health Service or his authorized agent, who shall report to the
Secretary of the Treasury whether the applicant is an addict within the mean-
ing of this act; whether he believes he may by treatment in a United States
narcotic farm be cured of his addiction and the estimated length of time neces- —
sary to effect a cure, and any further pertinent information bearing on the
addiction, habits, or character of the applicant. The Secretary of the Treasury
may, in his discretion, admit the applicant to a United States narcotic farm.
No such addict shall be admitted unless he voluntarily submits to treatment
for the maximum amount of time estimated by the Surgeon General of the
Bureau of the Public Health Service as necessary to effect a cure, and unless
Suitable accommodations are available after all eligible addicts convicted of
offenses against the United States have been admitted. The Secretary of the
Treasury may require any such addict voluntarily applying to pay the cost of
his subsistence, care, and treatment. All such money shall be covered into the
Treasury of the United States to the credit of the appropriation from which
the expenditure was made: Provided, That if any addict voluntarily submits
DIVISION OF MENTAL HYGIENE 5

himself to treatment he may be confined in a United States nareotic farm for
a period not exceeding the maximum amount of time estimated by the Surgeon
General of the Bureau of the Public Health Service as necessary to effect a
cure of the addiction or until he ceases to be an addict within the meaning of
this act: And provided further, That any person who voluntarily submits him-
self for treatment at a United States narcotic farm shall not forfeit or abridge
thereby any of his rights as a citizen of the United States; nor shall such
submission be used against him in any proceeding in any court, and that the
record of his voluntary commitment shall be confidential and not divulged. ..

Src. 18. Every person convicted of an offense against the United States shall
upon discharge, or upon his release on parole, from a United States narcotic
farm be furnished with the gratuities and transportation authorized by law
to be furnished had his discharge or release been from the penal, correctional,
disciplinary, or reformatory institution to which he was sentenced or from
which he was transferred.

Any court of the United States having the power to suspend the imposition or
execution of sentence, and place defendants on probation under any of the exist-
ing laws, may impose as one of the conditions of such probation that the de-
fendant, if an addict, as herein defined, shall be admitted and submit himself
for treatment at a United States narcotic farm until discharged therefrom as
cured. Upon the discharge of any such probationer from a United States nar-
cotic farm, he shall be furnished with the gratuities and transportation author-
ized to be furnished by the act of July 3, 1926, entitled “An act to increase the
clothing and cash gratuities furnished to persons discharged from prisons.”
_ The actual and necessary expense incident to transporting such probationer to
such farm and to furnishing such transportation and gratuities shall be paid
from the appropriation for the maintenance of such farm: Provided, That where
existing law vests a discretion in any officer as to the place to which transporta-
tion shall be furnished or as to the amount of clothing and gratuities to be fur-
nished, such discretion shall be exercised by the Secretary of the Treasury with
respect to addicts discharged from United States narcotic farms.

Smo. 14. Any person not authorized by law or by the Secretary of the Treas-
ury who introduces or attempts to introduce into a United States narcotic farm
or within the grounds adjoining or adjacent thereto any habit-forming narcotic
drugs as defined in this act is guilty of a felony, and is punishable by confine-
ment in the. penitentiary for a period of not more than ten years.

Suc. 15. It shall be unlawful for any person properly committed thereto to
escape or attempt to escape from a narcotic farm, and any such person upon
apprehension and conviction in a United States court shall be punished by im-
prisonment for not more than five years, such sentence to begin upon the expira-
tion of the sentence for which said person was originally confined.

Suc, 16. It shall be unlawful for any person to procure the escape of any
inmate properly committed to a narcotic farm or to advise, connive at, aid, or
agsist in such escape, or conceal any such inmate after such escape, and upom
conviction in a United States court shall be punished by imprisonment in the
penitentiary for not more than three years. '

Smo, 17. Wherever an alien addict has been transferred to either of the United
States narcotic farms provided for in this act who is entitled to his discharge
but is subject to deportation in lieu of being returned, to the penal institution
from which he came, he shall be deported by the authority vested by law with
power over deportation. F sete :

. Approved January 19, 1929.

661983312 3 ini ihe ator
6 DIVISION OF MENTAL HYGIENE
STUDIES AND DISSEMINATION OF INFORMATION AUTHORIZED

In addition to the administrative functions imposed upon the
“Narcotics Division,” it is also charged with the duties of making
studies of the nature of drug addiction and the best methods of treat-
ment and rehabilitation of persons addicted to habit-forming drugs;
with the dissemination of information on the best methods of treat-
ment and research; and with cooperation with State and local
jurisdictions with a view to developing facilities for the care and
treatment of narcotic addicts.

MEDICAL RELIEF IN FEDERAL PENAL INSTITUTIONS

An act of the Seventy-first Congress, second session, approved by
the President on May 18, 1930, authorized that medical relief under
the Department of J itis in Federal penal and correctional insti-
tutions be supervised and furnished by personnel of the Public
Health Service.

With the cooperation and support of the two governmental depart-
ments concerned, proposed legislation to accomplish this object
was introduced in the House of Representatives by Congressman
George S. Graham, of Pennsylvania, on January 28, 1930, as H. R.
9235. A report on this bill from the Committee on the . udiciary
of the Senate, submitted by Senator Frederick Steiwer, of Oregon,
serves to illustrate the attitude of the legislative branch of the Gov-
ernment concerning this proposed activity. The report of the
Committee on the Judiciary is quoted as follows:

''¥he Committee on the Judiciary, to which was referred the bill (H. R. 9235)
to authorize the Public Health Service to provide medical service in the Federal
prisons, have given full consideration to the same, and now report favorably
thereon with the recommendation that the bill pass without amendment.

Medical service is of outstanding importance in the treatment of prisoners in
our Federal penal institutions. To eliminate contagious diseases, to properly
diagnose physical ailments, to accurately classify men with reference to their
mental capacities, is of cardinal importance in the treatment of the individual
prisoner ; but it is of greatest importance in the protection of our communities.
It has been difficult in the past to secure the services of a sufficient number of
highly trained physicians, surgeons, and mental experts to fill the posts in our
‘prisons.

There is now within the Federal Government an existing personnel of highly
trained medical experts. The United States Public Health Service has acquired
‘an enviable reputation for achievement in its field. It would seem to be a wise
‘scheme to have the Government utilize the services of the United States Public
‘Health Service in its penal institutions. This should result in more expert
‘service and offer'a continuation and unification of policies among our institu-
ations which could not perhaps be otherwise obtained.

‘The committee respectfully urges the support of this bill as an important step
to be taken in the reorganization of the Federal prison system.
DIVISION OF MENTAL HYGIENE 7

The Secretary of the Treasury and the Attorney General have both been
recorded as favorable to this bill and have expressed the opinion that it offers
an opportunity for increased and useful cooperation between Government
departments.

Following is the text of the act:
[Puptic—No. 203—Tist Coneress]
[H, R. 9235]

An Act To authorize the Public Health Service to provide medical service in the Federal
prisons

Be it enacted by the Senate and House of Wihheratit ae of the United States
of America in Congress assembled, That hereafter, authorized medical relief
under the Department of Justice in Federal penal and correctional institutions
shall be supervised and furnished by personnel of the Public Health Service,
and upon request of the Attorney General, the Secretary of the Treasury shall
detail regular and reserve commissioned officers of the Public Health Service,
pharmacists, acting assistant surgeons, and other employees of the Public
Health Service to the Department of Justice for the purpose of supervising
and furnishing medical, psychiatric, and other technical and scientific services
to the Federal penal and correctional institutions.

Sec. 2. The compensation, allowances, and expenses of the personnel so de-
tailed may be paid from applicable appropriations of the Public Health Service
in accordance with the law and regulations governing the personnel of the
Public Health Service, such appropriations to be reimbursed from applicable
appropriations of the Department of Justice; or the Attorney General is hereby
authorized to make allotments of funds and transfer of credit to the Public
Health Service in such amounts as are available and necessary, which funds
shall be available for payment of compensation, allowances, and expenses of
personnel so detailed, in accordance with the law and regulations governing
the personnel of the Public Health Resvice,

Approved, May 18, 1980.

HOSPITAL FOR DEFECTIVE DELINQUENTS

Another act of the Seventy-first Congress, second session, approved
by the President on May 18, 1930, authorizes the establishment of a
hospital for the care and Groateusnt of all persons charged with or
convicted of offenses against the United States, who are in actual
custody, and during their detention or confinement are or shall be-
come insane, afflicted with an incurable or chronic degenerative
disease, or so defective mentally or physically as to require special
medical care and treatment not available in existing Federal institu-
tions. A report on this bill from the Committee. on the Judiciary
of the Senate, submitted by Senator Hubert D. Stephens, of Missis-
sippi, is quoted in the following:

The Committee on the Judiciary, to which was referred the bill (H. R. 7410)
to establish a hospital for defective delinquents, has given full consideration to
the same and now reports favorably thereon with the recommendation that
the bill pass without amendment,
8 DIVISION OF MENTAL HYGIENE

This bill, which is one of the series designed to enable the Department of
Justice to cope with the present unsatisfactory condition in our prisons, presents
an important opportunity for further relief from overcrowding in our Federal
penal institutions.

As at present constituted, the Federal penal system makes no special provi-
sion for the cases of convicts who are insane, tubercular, or chronically sick.
Two hundred and four Federal insane convicts are now crowded into unsuitable
and insufficient quarters at St. Elizabeths Hospital in Washington, D. C. The
superintendent of that institution ig recorded as strongly in favor of this legis-
lation. Tubercular prisoners must, under the present arrangements, be cared
for in tents or in portions of buildings located within the prison reservations.
The chronically sick among the inmate population, who present but slight
necessity for that close restraint typical of a prison, must now be placed in
prison cells or in prison environment.

The bill as here proposed would authorize the establishment of a general
hospital for the care, custody, and treatment of this difficult and pitiable class
of prisoners. The common dictates of humanity would seem to demand some-
jthing better for them than is possible under existing facilities. Their segrega-
tion would form an important element in the program of penal treatment as
planned by the group of bills herewith recorded by the committee.

The bill provides for the manner of commitment and discharge, has been
carefully studied by the committee, and meets its entire approval. There follows
a statement from the Department of Justice explaining the aims and purposes
ef the bill:

BILL TO ESTABLISH A HOSPITAL FOR DEFECTIVE DELINQUENTS

A special hospital is needed for the care and treatment of the relatively large
percentage of the prison population which is defective Mentally or physically.
It is well recognized that very often the cause of crime is some mental or
physical handicap which must be removed if the man or woman who gets into
prison is to be improved by confinement. It is generally assumed that about

_.. ae cent of the whole population is so defective mentally that they ought to
be segregated. To house and care for even this percentage of the prison. popu-
lation would require an institution built to accommodate about 600. patients.
In addition to the mental defectives, a large number of the inmates of correc-
tional institutions are afflicted with diseases which demand special treatment.
These include tuberculosis cases, advanced venereal cases, senility, and other
types of chronic, degenerative, or incurable diseases.

Those mental cases which are so apparent they can be recognized by the
regular prison officials are now sent to St. Hlizabeths Hospital in Washington.
Less apparent cases of mental instability and those who are suffering from
disease are retained at the prison and treated in the prison hospital. _

The Government hospital for the insane, in the District of Columbia, is badly
overcrowded. The criminally insane ward is particularly congested and can not
house any more insane convicts. Moreover, the cost of transporting insane con-
victs from all over the country is high. It is for these reasons that a medical
center for prison cases should be established somewhere in the central part of
the United States.

The bill as drafted is substantially the same as the ones authorizing two new
correctional institutions. It has, however, one section which provides a board of
examiners to pass on all cases to be sent to the hospital for defective delin-
quents. The reason for this provision was the feeling that no person, even
though he is in prison, ought to be stigmatized as insane except by formal pro-
ceedings of a qualified board. Moreover, it was felt some such board was desir-
able to make certain that only cases really demanding special treatment would
be transferred to the hospital for defective delinquents.

The bill also has a section which makes it the duty of the prison officials to
see that no person who is suffering from a mental disease is turned loose upon
the public without first trying to get the particular State concerned to take him
in charge. At present, if the officials believe a convict whose sentence has
DIVISION OF MENTAL HYGIENE 9

expired is still insane, they continue to hold him unless his release is sought
by one of his friends through legal process. In such cases they have no alterna-
tive but to release him, as their jurisdiction ended with the expiration of the
sentence. The proposed provision would authorize a definite procedure for
handling such cases.

The text of the act follows:

[PusLt1c—No. 201—71st Concress ]
[H. R. 7410]
An Act To establish a hospital for defective delinquents

Be it enacted. by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Attorney General is author-
ized and directed to select a site, either in connection with some existing insti-
tution or elsewhere, for a hospital for the care and treatment of all persons
charged with or convicted of offenses against the United States, and who are in
the actual custody of its officers or agents, and who at the time of their con-
viction or during the time of their detention and/or confinement are or shall
become insane, afflicted with an incurable or chronic degenerative disease, or so
defective mentally or physically as to require special medical care and treatment
not available in an existing Federal institution.

Src. 2. Upon the selection of an appropriate site the Attorney General shail
submit to Congress an estimate of the cost of purchasing the same and of
remodeling, constructing, and equipping the necessary buildings thereon. The
Attorney General, at the same time and annually thereafter, shall submit esti-
mates covering the expense of maintaining and operating such institution,
including salaries of all necessary officers and employees.

Szc. 8. That the Secretary of the Treasury is hereby authorized, upon request
of the Attorney General, to cause plans, specifications, and estimates for the
remodeling and constructing of the necessary buildings to be prepared in the
Office of the Supervising Architect of the Department of the Treasury, and the
work of remodeling and constructing the said buildings to be supervised by the
field force of said office: Provided, That if, in his discretion, it would be im-
practicable to cause such plans, specifications, and estimates to be prepared
in the Office of the Supervising Architect of the Department of the Treasury,
and such work to be supervised by the field force of said office, the Secretary
of the Treasury may contract for all or any portion of such work to be per-
formed by such suitable person or firm as he may select: Provided further,
That the proper appropriation for the support and maintenance of the Office
of the Supervising Architect be reimbursed for the cost of such work and
supervision.

Sno. 4. That the control and management of the institution to be established
hereunder shall be vested in the Attorney General, who shall have power to
promulgate rules for the government thereof, and to appoint, subject to the
civil service laws and regulations of the United States, all necessary officers
and employees. In connection with such maintenance and operation the Attor-
ney General is authorized to establish and conduct industries, farms, and other
activities; to classify the inmates; and to provide for their proper treatment,
care, rehabilitation, and reformation.

Src. 5. That the inmates of said institution shall be employed in such manner
and under such condition as the Attorney General may direct. The Attorney
General may, in his discretion, establish industries, plants, factories, or shops
for the manufacture of articles, commodities, and supplies for the United
States Government; require any department or establishment of the United
10 DIVISION OF MENTAL HYGIENE

States to purchase at current market prices, as determined by the Attorney
General or his authorized representatives, such articles, commodities, or sup-
plies as meet their specifications. There may be established a working-capital
fund for said industries out of any funds appropriated for said institution;
and said working-capital fund shall be available for the purchase, repair, or
replacement of machinery, or equipment, for the purchase of raw materials and
supplies, for personal services of civilian employees, and for the payment to
the inmates or their dependents of such pecuniary earnings as the Attorney
General shall deem proper. _

Sec. 6. There is hereby authorized: to be created a board of examiners for
each Federal penal and correctional institution where persons convicted of
offenses against the United States are incarcerated, to consist of (1) a medical
officer appointed by the warden or superintendent of the institution; (2) a
medical officer to be appointed by the Attorney General; and (8) a competent
expert in mental diseases to be nominated by the Surgeon General of the
United States Public Health Service. The said board shall examine any inmate
of the institution alleged to be insane or of unsound mind or otherwise defec-
jtive and report their findings and the facts on which they are based to the
‘Attorney General. The Attorney General, upon receiving such report, may
direct the warden or superintendent or other official having custody of the
prisoner to cause such prisoner to be removed to the United States hospital
for defective delinquents or to any other such institution as is now authorized
by law to receive insane persons charged with or convicted of offenses against
the United States, there to be kept until, in the judgment of the superintendent
of said hospital, the prisoner shall be restored to sanity, or health, or until
the maximum sentence, without deduction for good time or commutation of
sentence, shall have been served.

Sec. 7. Any inmate of said United States hospital for defective delinquents
whose sanity or health is restored prior to the expiration of his sentence, may
be retransferred to any penal or correctional institution designated by the
Attorney General, there to remain pursuant to the original sentence computing
the time of his detention or confinement in said hospital as part of the term
of his imprisonment.

Seo. 8. It shall be the duty of the superintendent of said hospital to notify
the proper authorities of the State, District, or Territory where any insane
convict shall have his legal residence, or, if this can not be ascertained, the
proper authorities of the State, District, or Territory from which he was
committed, of the date of the expiration of the sentence of any convict who, in
the judgment of the superintendent of said hospital, is still insane or a menace
to the public. The superintendent of said hospital shall cause to be delivered
into the custody of the proper authorities of the State, District or Territory
the body of said insane convict.

Suc. 9. All transfers from penal and correctional institutions to or from the
hospital for defective delinquents shall be made in such manner as the Attorney
General may direct, and the expense thereof shall be paid from such appropri-
ation as may be authorized. ;

Src. 10. The expenses incurred in the necessary travel in the selection of a
site, in making of surveys, the making of preliminary sketches, and the securing
of options shall be payable out of appropriation “ Support of prisoners” for the
fiscal year in which such expense is incurred, not exceeding, however, the sum
of $20,000.

Sec. 11. There are hereby authorized to be appropriated such funds as are
necessary to carry out the purpose of this Act.

Approved, May 13, 1930.
DIVISION OF MENTAL HYGIENE 11

A review of the public documents respecting the two foregoing acts
again calls attention to the fact that important medical problems
arise in connection with the care of Federal prisoners. These may
be considered under the headings of routine requirements and of re-
search activities. The routine requirements involve the psychiatric
examination and classification of all inmates and physical examina-
tions that will permit of prompt recognition and correction of physi-
- eal defects and diseases among prisoners.

The psychiatric examination and classification of prisoners is of
very great value to those concerned with the application of disciplin-
ary measures, with the treatment of prisoners generally, with the
transfer of mentally disordered persons to institutions most suited
to give specialized care, and with the subject of parole and discharge
of inmates. A more intimate knowledge of the mental characteris-
tics of prisoners will contribute to a better understanding of features
involved in correctional systems generally, to the necessity for special-
ized methods in court procedure, and to the evolution of institutional
facilities to meet the requirements applicable to individual cases.

It is obvious that inmates of prisons are subject to the same inter-
current physical and mental defects as are seen among those com-
prising the general population. A properly organized prison medi-
cal service, therefore, must be both general and special in character
to meet these needs.

A well-organized medical service in a modern prison can contribut
to the welfare of inmates and employees in ways other than those
mentioned, such as the following: By rendering advice and counsel
respecting sanitation and personal hygiene; by helping to organize
and guide recreational, educational, occupational, and vocational ac-
tivities with a view to promoting the health of both inmates and
employees; and, by giving assistance and advice for maintaining a
wholesome and well-balanced dietary, the neglect of which is a great
source of discord and complaint in all prisons.

Tt is manifest that the chief medical officer of a large modern
prison has an important and specialized duty to perform, and one
requiring special training, administrative ability, tact, and judgment.
As a rule, the recruiting of medical personnel and the organization of
a reliable and competent group to perform the duties incident to the
medical service of a large prison are most unsatisfactory unless there
is some adequate reward for service. Satisfactory working condi-
tions, reasonable salary and tenure of office, opportunities for ad-
vancement, and retirement for disability or old age are important
considerations. Above all else, however, and that which makes the
greatest appeal, is the satisfaction which comes to medical men and
women who are given opportunity to contribute something to the sum
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12 DIVISION OF MENTAL HYGIENE

of knowledge with respect to a particular and specialized field. Any
medical service in any prison which does not assume the flavor of
study and investigation is doomed to be perfunctory in character.
It is not assumed that Federal prisoners should be used as experi-
mental animals for the furtherance of medical knowledge. How-
ever, a large prison may be regarded as analogous to a laboratory,
subject to control, where observations and scientific studies should be
made possible. The following are some of the problems of human ills
that might be profitably observed and studied under this controlled
environment: Cardiorenal diseases; the treatment of syphilis;
dental caries and pyorrhea—in fact, the whole array of focal infec-
tion; statistical studies of the physical status of prisoners, with spe-
cial reference to the glands of internal secretions; studies of social
factors instrumental in unsocial reactions; the mental characteris-

_tics of individual prisoners; the motivation behind special types of
'erimes, or habits, such as drug addiction; physiological and chemi-
cal studies of the normal in contrast with the abnormal; standardi-

zation and the uniform collection of statistics of prisoners with
special reference to their physical and mental status; and other con-
tributions on the routine handling of specific illnesses and defects.
It is obvious that the Public Health Service is interested in the
investigative and the administrative possibilities which the two laws
provide. Apparently no new precedent has been established by
charging the Public Health Service with this new responsibility; for
it is merely another step in attempting to coordinate and promote
uniformity in the medical work of the Federal Government.

NAME OF DIVISION CHANGED AND STUDIES AUTHORIZED

An act to create a Bureau of Narcotics in the Treasury Department
approved on June 14, 1930, changed the name of the “ Narcotics
Division ” in the office of the Surgeon General of the United States
Public Health Service to the “Division of Mental Hygiene,” trans-
ferring all of the authority, powers, and functions exercised by the
Narcotics Division to the Division of Mental Hygiene. . The same act
authorized and directed the Surgeon General of the Public Health
Service to make such studies and investigations, as may be necessary,
of the abusive use of narcotic drugs; of the quantities of crude opium,
coca leaves, and their salts, derivatives, and preparations, together
with such reserves thereof, as are necessary to supply the normal and
emergency medicinal and scientific requirements of the United States;
and of the causes, prevalence, and means for the prevention and
treatment of mental and nervous diseases. ‘Thus the scope of func-
tions and activities of the newly created division were enlarged.
DIVISION OF MENTAL HYGIENE 13

The act, by special resolution of Congress, became effective July 1,
1930.
The text of the act follows:

[PusBLic—No. 857—T1st CoNGRESS ]
[H. R. 11143]

An Act To create in the Treasury Department a Bureau of Narcotics, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That there shall be in the Department of
the Treasury a bureau to be known as the Bureau of Narcotics and a Commis-
sioner of Narcotics who shall be at the head thereof. The Commissioner of
Narcotics shall be appointed by the President, by and with the advice and
consent of the Senate, and shall receive a salary at the rate of $9,000 per
annum. The commissioner shall make an annual report to Congress.

* * % * * * °%*

Seo. 4. (@) The Narcotics Division in the office of the Surgeon General of
the United States Public Health Service in the Treasury Department, as
created by the act entitled ‘An act to establish two United States narcotic
farms for the confinement and treatment of persons addicted to the use of
habit-forming narcotic drugs who have been convicted of offenses against the
United States, and for other purposes,” approved January 19, 1929 (U. 8. C.,
Supp. III, title 21, ch. 8), shall be known as the Division of Mental Hygiene.
The authority, powers, and functions exercised by such Narcotics Division are
hereby transferred to the Division of Mental Hygiene. The medical officer
of the Public Health Service in charge of said division shall hold the rank
and receive the pay and allowances of Assistant Surgeon General while so
serving.

(6) The Surgeon General of the Public Health Service 1s authorized and

directed to make such studies and investigations, as may be necessary, of
the abusive use of narcotic drugs; of the quantities of crude opium, coca leaves,
and their salts, derivatives, and preparations, together with such reserves
thereof, as are necessary to supply the normal and emergency medicinal and
scientific requirements of the United States; and of the causes, prevalence,
and means for the prevention and treatment of mental and nervous diseases.
The Surgeon General shall report to the Secretary of the Treasury not later
than the Ist day of September each year the results of such studies and inves-
tigations. The results of such studies and investigations of the quantities
of crude opium, coca leaves, or other narcotic drugs, together with such
reserves thereof, as are necessary to supply the normal and emergency medicinal
and scientific requirements of the United States, shall be made available to
the Commissioner of Narcotics, to be used at his discretion in determining
the amounts of crude opium and coca leaves to be imported under narcotic
drugs import and export act, as amended. ,

(c) The Secretary of the Treasury is hereby authorized to appoint such
professional, technical, and clerical assistants as may be necessary to carry
out the provisions of this section.

* * * * * * *

Approved, June 14, 1930.