The Small Business Administration should be authorized to provide disaster loans to small businesses suffering substantial economic injury as a result of State and local construction programs, including those adversely affected but not actually displaced. The Manpower Development and Training Act of 1962 should be amended to make widow and widower owners of displaced firms eligible for retraining. (Report A-26, 1965) [Disaster loans recommendation implemented in part by Federal Aid Highway Act of 1968, PL 90-495; retraining eligibility provided by Manpower Training Act of 1965, PL 89-15.]

LAW ENFORCEMENT (see also Judicial Branch)

General Administration

States should retain and strengthen regional law enforcement planning districts. (Report A-36, 1970) Local criminal justice coordinating councils led by local chief executives should be established in jurisdictions with substantial responsibility for at least two of the major components of the criminal justice system. Regional criminal justice planning agencies should be required to coordinate with these local councils. State and regional criminal justice planning agencies and local coordinating councils should take primary responsibility for improving interfunctional cooperation in the State-local criminal justice system. (Report A-38, 1971)

The Omnibus Crime Control and Safe Streets Act of 1968 should be administered by a Director (rather than the three-member Administration) under the general authority of the Attorney General. (Report A-36, 1970)

[Implemented by the Omnibus Crime Control Act of 1970. PL 91-644.]

The block grant approach in the Omnibus Crime Control and Safe Streets Act of 1968 should be retained. No changes should be made in the Act to funnel additional Federal funds into high-crime urban and suburban areas except that LEAA should find that adequate allocation is made to such areas before it approves any State plan. States should give greater attention to improving all components of the criminal justice system, but the act should not be changed to funnel more money to court and corrections because that would dilute the block grant approach. (Report A-36, 1970)

[Omnibus Crime Control Act of 1970, PL 91-644, retained block grant approach but modified it by earmarking 20 percent of action funds for corrections; Act directed LEAA not to approve State comprehensive plans unless adequate assistance is given areas of high crime indidence.]

The Omnibus Crime Control and Safe Streets Act of 1968 should retain provisions for balanced representation of interests on supervisory boards of State Law enforcement planning agencies. (Report A-36, 1970)

[Implemented by Omnibus Crime Control Act of 1970, PL 91-644.]

The Law Enforcement Assistance Administration should be authorized to waive the ceiling on grants for personnel compensation under Title I of the Omnibus Crime Control and Safe Streets Act of 1968.53 (Report A-36, 1970)

Police

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Basic police services (patrol and preliminary investigation) should be provided throughout all metropolitan areas directly by localities, through intergovernmental cooperation, either voluntarily through contracts or by assumption of the overlying government if localities fail to provide it. Counties should be empowered to perform specialized, staff and auxiliary supportive police services in single county metropolitan areas. Appropriate areawide instrumentalities should be encouraged to provide these services. States should encourage specialized police task forces to operate throughout multi-county and interstate metropolitan areas to deal with extra-local and organized crime. (Report A-38, 1971)

Localities should be given carefully circumscribed extraterritorial police powers relating to "close pursuit." States should clarify governmental responsibility for liability insurance for police officers engaged in lawful extraterritorial police activity. (Report A-38, 1971)

Unincorporated portions of metropolitan areas should be required
to pay full cost of police services provided by the county.
(Report T-38, 1971) States should improve the capabilities of
rural police systems, by methods such as supplying trained
State personnel or providing incentive grants to encourage
consolidation of subcounty police forces.55 (Report A-38, 1971)
States should consider providing the full range of law enforcement
powers and services statewide and removing geographic limita-
tions on the appropriate statewide law enforcement agencies.
(Report A-38, 1971)

States should have Councils on Police Standards, composed of
State, local and public members, to develop and recommend
minimum standards for police selection and basic training.
States should enact mandatory minimum standards and meet
the full cost of training programs to achieve them; and should
encourage private and public institutions of higher education
to offer appropriate training programs and encourage incentive
pay plans to further police training. (Report A-38, 1971)
States should revise their criminal codes to define better the
scope of discretionary police activities and provide compre-
hensive governmental tort liability to protect police that make
legitimate use of such power. State laws that restrict local
chief executives from appointing their police chiefs should be
modified along with veterans' preference and other civil
service regulations that limit the selection and promotion of
local policemen. (Report A-38, 1971)

Local governments should substantially increase their efforts to involve citizens in the law enforcement and criminal justice process through the installment of police community relations machinery and programs. (Report A-38, 1971)

Sheriff, Constable, Coroner

The office of sheriff should be a statutory rather than constitutional position. States should give metropolitan counties the option of assigning basic responsiblity for countrywide police services to an "independent" county police force under the control of the chief county executive, compensated by salary with civil service coverage and adequate retirement benefits. If countrywide police service is assigned to the sheriff's department, court and jail duties should be reassigned to appropriate court and correctional agencies and tenure. limitations should be removed from the sheriff. (Report A-38, 1971)

The office of constable should be abolished and its duties transferred to appropriate lower court systems. (Report A-38, 1971) The office of coroner should be abolished, his medical function transferred to an appointed local medical examiner and judicial functions exercised by the local prosecuting attorney. Official records regarding certification of death should be a matter of public record. (Report A−38, 1971)

Prosecution and Defense

States should strengthen State responsibility for prosecution by enhancing the authority of the attorney general to oversee and assist the work of local prosecutors. Que method would be through State Councils of Prosecutors, convened by the attorney general. States should centralize the local prosecution function in a single office, responsible for all criminal prosecutions and require prosecuting attorneys to be fulltime, redrawing their districts to encompass a large enough territory to require a full-time official. The State Supreme Court should be authorized to remove local prosecutors. States should pay at least 50 percent of the costs of local prosecuting attorney's offices (Report A-38, 1971)

States should authorize prosecutors to bring indictments through either grand jury or information procedures. Grand juries should be used primarily in cases of alleged official corruption, but when used, they should be empaneled on a frequent enough basis to prevent unnecessary court delay. Nothing in the recommendation is intended to modify the traditional investigative powers of grand juries. (Report T-38, 1971)

States should establish and finance a statewide system for defense of the indigent, making a public defender or coordinated assigned counsel service readily available in every area of the State. (Report A-38, 1971)

Corrections

It is essential that greater public attention, funds, and policy
focus be directed to corrections, the step-child of the criminal
justice system, and that basic reforms be undertaken. As a
matter of general public policy, State and local officials should
give a high priority to upgrading correctional institutions
and rehabilitation services to help reduce crime rates. (Report
A-38, 1971)

States should vest all responsibility for corrections excluding the
adjudicatory functions of parole and pardons, in one State
department directly accountable to the governor. States
should assume full financial, administrative and operational
responsibility for juvenile and long-term adult correctional
institutions, parole, juvenile aftercare and adult probation.
Local government should retain operational and a share of the
fiscal responsibility for short-term adult institutions and jails,
detention facilities, misdemeanor and juvenile probation, but
the States should establish and monitor minimum standards
of service, and furnish planning and technical assistance and
a reasonable share of the costs. (Report A-38, 1971)
Adequately financed, staffed and supervised community-based
treatment programs can be more effective than institutional
custody in rehabilitating most offenders. States and localities
should authorize work-release programs and use regional or
community institutions for prisoners who might benefit from
such programs. State and local governments should upgrade
academic and vocational training programs for inmates of
juvenile and adult institutions. (Report A-38, 1971)
States and local governments should plan and develop adequate
adult and juvenile detention services and facilities which
related to the processes of the count system. Short-term penal
institutions should be administered by appropriately trained
correctional personnel. Local governments should be encour-
aged to agree to the joint establishment and operation of
regional jails and institutions. (Report A-38, 1971)

States and localities should improve recruitment, compensation,
training and promotion practices to attract sufficient numbers
of high quality personnel to the corrections system. States
should establish minimum qualifications
qualifications standards for
correctional personnel. Volunteers and paraprofessionals,
including ex-offenders other than former police officers, should
be used in correctional programs. States and localities should
train such personnel to meet appropriate standards. (Report
A-38, 1971)

NATURAL RESOURCES AND THE ENVIRONMENT (see also Interlocal Cooperation, Fiscal Management)

Planning

States should vest the responsibility for overall water resource planning, policy-making and program coordination in a single agency which would give urgent consideration to the needs of

urban areas. (Report A-13, 1962) Each metropolitan area should undertake comprehensive water utility planning on a metropolitan, watershed and drainage basin basis to integrate the provision of water and sewer service with other metropolitan functions, insure economies of scale, and promote sound overall patterns of development. Federal grants for sewage treatment plants should be consistent with comprehensive drainage basin and metropolitan area planning. (Report A-13, 1962)

Federal water resources planning and development activities should give equal attention to urban needs as to the water requirements of navigation, power production, industry, agricultural use and recreation. (Report A-13, 1962)

[Implemented by Water Resources Planning Act of 1965 and Senate Document No. 97, 87th Congress, 2nd Session.] Central cities, counties or other jurisdictions that provide water or sewer service to their units of government on a contract basis should assume the responsibility for comprehensive areawide facility planning and should encourage the most economical development of service lines to the contracting areas. (Report A-13, 1962)

Congress should amend the appropriate acts to discourage fragmentation and short-term anticipation of needs in community water supply systems for the use of individual water and sewage systems. (Report A-13, 1962)

56

[Implemented by the Housing Act of 1964, PL 88-560, and the Housing Act of 1965, PL 89-117.]

Assistance

Dollar ceiling for Federal construction grants to large cities for sewage treatment should be increased. (Report A-13, 1962) [Implemented by Water Quality Act of 1965, PL 89–234.] States should provide financial and technical assistance and incentives for comprehensive development of facilities planning and construction. Public officials in urban areas should make greater efforts to increase public investments in urban water utilities, particularly sewage treatment. (Report A-13, 1962) Enforcement

Federal agencies should take strong action through enforcement powers and financial incentives to achieve industrial pollution abatement. (Report A-13, 1962)

[Partially implemented by Water Quality Improvement Act of 1970, PL 91-512; Clean Air Amendments of 1970, PL 91-604.] States should enforce water pollution abatement with greater vigor and thoroughness through stronger legislation, more vigorous administration, and greater regulatory authority. (Report A-13, 1962)

Dillon abstain.