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EXECUTIVE ORDER NO. 20 Whereas, the Department of Corrections of the State of Wisconsin is known as one of the finest in the Nation; but
Whereas, the need for reform in the area of offender rehabilitation is a matter of pressing national concern; and
Whereas, it is important to the people of this State that this administration re-evaluate the treatment of juvenile and adult offenders; and
Whereas, it is to the benefit of every citizen of Wisconsin that convicted persons return to society as valuable and responsible members of their communities ;
Now, Therefore, I, Patrick J. Lucey, Governor of the State of Wisconsin, do hereby create a special, nonstatutory committee as provided for under section 14.019 of the Wisconsin Statutes to be known as the Study Committee on Offender Rehabilitation to operate as follows:
1. The committee shall consist of members appointed by the Governor. The chairman of the committee shall have the responsibility for prescribing reasonable procedures to be followed by the committee.
2. The committee shall investigate the adequacy and efficiency of the present system for rehabilitating criminal offenders in the State of Wisconsin and shall make recommendations to my office concerning the improvement of the operations, procedures, organization, and programs of the State's offenders rehabilitation program and any other matter which might be germane to the improved operations of Wisconsin's correctional system.
3. In order to fully carry out its charge, the committee or any subcommittee thereof may hold public hearings and request all interested parties and informed parties to testify on any pertinent matter. The committee will also have full authority to conduct independent research, investigate correctional systems in other localities, publish interim and final reports, contract for services, accept grants, and do whatever else might be required to complete its task. Budget and staff support will be coordinated by the director of the council on criminal justice, which director may request cooperation of other State agencies as needed in support of the committee.
In testimony whereof, I have hereunto my hand and caused the great seal of the State of Wisconsin to be affixed. Done at the capitol in the city of Madison this 21st day of May in the year of our Lord one thousand nine hundred and seventy-one. By the Governor:
PATRICK J. LUCEY, Governor.
Secretary of State.
EXECUTIVE ORDER No. 13
Whereas, the judiciary of the State of Wisconsin has, deservedly, a renowned reputation; but
Whereas, many of the courts in the State of Wisconsin have become intolerably overburdened with cases; and
Whereas, the delays and expense involved with litigation have made it more difficult for citizens to receive a prompt disposition of their legal problems; and
Whereas, the widespread problems being experienced by the Wisconsin judicial system indicate that basic changes might be possible which would improve the situation; and
Whereas, the Chief Justice of the Wisconsin Supreme Court, E. Harold Hallows, in a speech before the Wisconsin Judicial Conference in Milwaukee on January 13, called for the establishment of a blue ribbon task force made up of nonjudges to look into the problems facing the Wisconsin judiciary; and
Whereas, the structure of the Wisconsin judiciary, and the quality of justice in the State of Wisconsin is an important concern and responsibility of the State;
Now, therefore, I, Patrick J. Lucey, Governor of the State of Wisconsin, do hereby create a special, nonstatutory, committee as provided for under section 14.019 of the Wisconsin statutes to be known as the "Citizens Study Committee on Judicial Organization," to operate as follows:
1. The committee shall consist of members appointed by the Governor of whom at least more than half shall be nonlawyers. The chairman of the committee shall have the responsibility for prescribing reasonable procedures to be followed by the committee.
2. The committee shall investigate the adequacy, and efficiency of the present judicial system in the State of Wisconsin, and shall make recommendations to my office on suggested changes in the operations, organization, procedures, judicial selections, and any other matter which might be germane to the improved efficiency of Wisconsin's judicial system.
3. In order to fully carry out its charge, the committee or any subcommittee thereof may hold public hearings and request all interested parties, including judges, to testify on any pertinent matter. The committee will also have full authority to conduct independent research, investigate judicial organization in other localities, publish interim and final reports, contract for services, accept grants, and do whatever else might be required to complete its task. Budget and staff support will be coordinated by the director of the Council on Criminal Justice, which director may request cooperation of other State agencies as needed in support of the committee.
In testimony whereof, I have hereunto set my hand and caused the Great Seal of the State of Wisconsin to be affixed. Done at the Capitol in the city of Madison this day of April in the year of our Lord one thousand nine hundred and seventy-one.
PATRICK J. LUCEY, Governor. By the Governor:
ROBERT C. ZIMMERMAN,
Secretary of State.
POLICY ON COMMUNICATIONS (AS SET BY COUNCIL JANUARY 28, 1970)
The council is committed in favor of a long range, comprehensive survey and study of the total communications system in Wisconsin for the purpose of determining present and future needs as a basis for the orderly development and improvement of the system. Pending the completion of the study, the council will in the interim, respond favorably to the recommendations of the communications task force relating to technicalities and operational need in view of the technical expertise possessed by the task force. Annual assignment of funds
The council approves a policy of setting aside a reasonable amount of funds on an annual basis, available to all qualifying agencies making application by a given date, for handi-talkies, mobile radio units, base radio units, and system renovations. The amounts involved are to be determined by the staff on the basis of available data, and subject to the approval of the council. Teletype equipment
The council will favor generally the funding of teletype installations in (1) counties, since such county installations are now required by law, and (2) in other locations where the installation is justified by load and location. The council will also favor .funding for automatic equipment for teletype installations where such equipment will aid in the relief of line loading problems. However, prior to funding any kind of teletype application, the council will require that the application be reviewed by the Communications Task Force, and a recommendation made to the council by the task force based on the review.
Whereas, the Wisconsin Council on Criminal Justice was duly established by the executive order of the Governor of Wisconsin dated February 21, 1969; and
Whereas, title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, requires the establishment and maintenance of a State planning agency to carry out the purposes of such act; and
Whereas, such act requires that each State planning agency be responsible to the Governor of each State; and
Whereas, it is in the interest of the State of Wisconsin that the Governor encourage local law enforcement efforts through State assistance;
Now, therefore, I, Patrick J. Lucey, Governor of the State of Washington, do hereby order that the Wisconsin Council on Criminal Justice shall continue in existence, and do designate such council the State planning agency required pursuant to the Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended, and do invest in such council all the powers and responsibilities required to administer title I of such act, including the power to appoint such standing and ad hoc committees as shall be required, and do hereby direct the council and its executive director to report to the Governor on policy and administrative matters as shall be necessary.
In testimony whereof, I have hereunto set my hand and caused the Great Seal of the State of Wisconsin to be affixed. Done at the Capitol in the city of Madison, this 20th day of January, in the year of our Lord one thousand nine hundred and seventy-one.
PATRICK J. LUCEY,
(Additional correspondence between the chairman and Mr. Kelly is included in appendix H.)
Mr. MONAGAN. The next witness is Mr. David Hodges, Chairman of the Arkansas Commission on Crime and Law Enforcement accompanied by Mr. Ray Biggerstaff, director of the Commission.
Also, in order to introduce our witnesses from Arkansas, we have present a distinguished colleague and Member of the House, from the State of Arkansas, a friend of all of us. We will be delighted, Mr. Alexander, to have you introduce our witnesses today.
Bill Alexander is also a member of the full Committee on Government Operations, and we are happy to have him serve on this committee.
(Following is the letter of invitation to testify directed to Mr. Biggerstaff by Chairman Monagan:)
SEPTEMBER 23, 1971. Mr. RAY BIGGERSTAFF, Director, Arkansas Commission on Crime and Law Enforcement, Little Rock,
Ark. DEAR MR. BIGGERSTAFF: On Wednesday, October 6, 1971, at 10 a.m., the Subcommittee on Legal and Monetary Affairs of the House Committee on Government Operations will conduct hearings on the operations of the Law Enforcement Assistance Administration of the Department of Justice. The subcommittee will receive testimony from appropriate State officials on the administration of the law enforcement assistance programs in a number of States, of which Arkansas will be one.
The subcommittee invites you to appear and give testimony at the aforementioned date and time in room 2247 of the Rayburn House Office Building. It is requested that you submit 60 copies of a prepared statement to the subcommittee office no later than Saturday, October 2, 1971.
The subcommittee is primarily interested in the following matters which you are requested to treat in your prepa red statement and testimony:
(1) The size and composition of the staff and supervisory board of the Arkansas Commission on Crime and Law Enforcement since inception;
(2) Preparation and review of the State's comprehensive plan particularly components entitled, “Improvements of Detection and Apprehension of Criminals,” including subcomponents thereof entitled, “Criminal Justice Communications Network and Equipment;"
(3) The policies of your Commission with regards to programs and projects designed to upgrade law enforcement communications and the priorities established for funding communications equipment requests ;
(4) The application process required to be followed by subgrantees which submit requests for funding of communications equipment projects;
(5) The competitive bidding and other procurement requirements that your State or Commission impose upon subgrantees which seek funds for the purchase of communications equipment;
(6) The fiscal and audit controls which your Commission maintains to assure efficient and economical procurement of communications equipment;
(7) The amount and percentage of block action grant funds awarded, which your State has allocated toward the purchase of communications equipment;
(8) The technical assistance which the Commission has provided to subgrantees in the evaluation and procurement of communications equipment;
(9) The technical assistance which LEAA has provided to the Commission in the areas of communications technology and equipment.
During your appearance before the subcommittee, you will be requested to discuss the application, approval, funding, monitoring, and other actions that were taken by the Commission and subgrantees, with regard to the following communications equipment and other projects :
The subcommittee requests that you be accompanied in your presentation by Mr. Lee Gershner and Mr. Wayman Coulder of your staff and by Sheriff Ray Holmes, Poinsett County, and such other project and regional directors as will allow a full discussion of said projects. You are requested to bring with you copies of documents, records, and correspondence relating to said projects.
I would appreciate your confirming your appearance at the aforementioned time and place at your earliest convenience. Sincerely yours,
John S. MONAGAN, Chairman.
Mr. ALEXANDER. My colleagnes on the Committee on Government Operations, it is a pleasure this morning to introduce Mr. David Hodges, the chairman of the executive committee for the Arkansas Crime Commission; and Mr. Ray Biggerstaff, who is director of the Arkansas Crime Commission. These gentlemen are here today at the request of Gov. Dale Bumpers, responding to the committee's invitation to appear and testify on this very timely and interesting subject.
I would say I have known Mr. Hodges for a number of years. He and I have conferred and participated, planningwise and policywise, in an effort to improve law enforcement in Arkansas.
It is my considered judgment that our experience has been positive, and that his efforts, and I am sure the efforts of Mr. Biggerstaff, would be to the credit and the improvement of law enforcement in the State of Arkansas, which has made considerable progress under the legislation which is under review at this time.
Again, it is my pleasure to present to you Mr. Hodges and Mr. Biggerstaff.
Mr. MONAGAN. Thank you very much, Congressman Alexander.
Gentlemen, I know there is a statement here. However, you may wish to proceed in some other fashion. You may go right ahead in any manner you
STATEMENT OF DAVID HODGES, CHAIRMAN, EXECUTIVE COMMIT
TEE, ARKANSAS COMMISSION ON CRIME AND LAW ENFORCEMENT; ACCOMPANIED BY RAY BIGGERSTAFF, DIRECTOR
Mr. Hodges. Thank you, Congressman Alexander. Mr. Chairman and members of the subcommittee, my name is David Hodges. I am the elected prosecuting attorney for the third judicial district in Arkansas, which is composed of four counties representing approximately 80,000 people. I was first elected in 1966, and have served and I am now in my third term.
In 1968, Governor Rockefeller appointed me to the Governor's Commission on Crime and Law Enforcement, which we choose to call the Crime Commission. I was elected chairman at the inception of the organizational meeting, and have served as chairman since that time. I was reappointed to the committee and continue as chairman under Gov. Dale Bumpers after he was elected in the fall of 1970.
I would like to introduce Mr. Ray Biggerstaff, who has served as director since August 1 of this year. He has been on the staff, I think, since October 1968, but has not served in the capacity of director.
I would like to say first that we have the statement which we would like to introduce in the record. It consists of 14 pages, Mr. Chairman.
Mr. Monagan. The statement may be introduced at this point in the record, without objection.
Mr. Hodges. I would like also to introduce the Third Annual Report of the Commission on Crime and Law Enforcement for the fiscal period ending June 30, 1971, as an exhibit.
Mr. MONAGAN. That may be received for the files.
Mr. HODGES. We have as exhibit A to our basic statement, the management system that we have adopted for the handling of the various applications before our commission. Of course that is an exhibit to the first document that we introduced. We would like to call your attention to the fact that we have established a management system that I think expeditiously handles the business before the com sion.
Mr. MONAGAN. We will receive that for subcommittee study but not make it a part of the written record.
Mr. HODGES. All right, sir.
We also have a recommended distribution of planning funds in the future under exhibit B, and we also have guidelines for the communications system in Arkansas, which we chose to make exhibit C to the initial 14-page statement. We move to introduce that as part of the record or for your consideration, as you may choose.
Mr. MONAGAN. We will receive it for the subcommittee files. (The statement follows:)
PREPARED STATEMENT OF RAY BIGGERSTAFF, DIRECTOR, ARKANSAS COMMISSION ON
CRIME AND LAW ENFORCEMENT The Arkansas Commission on Crime and Law Enforcement respects your invitation to appear to make the following information available to your committee. I am Ray Biggerstaff, director of the Arkansas Commission on Crime and Law Enforcement. I have been with the Crime Commission since October 1968 as assistant to the director. August 1, 1971, the Governor appointed me as director. I appear on behalf of Gov. Dale Bumpers, State of Arkansas, who has vested me the power to so appear.
Appearing with me is Mr. David Hodges, chairman of the executive board of the Arkansas Commission on Crime and Law Enforcement. Mr. Hodges is the prosecuting attorney of the third judicial district at Newport, Ark., and has served as chairman of the Crime Commission executive board since the inception of this program in our State.
From its beginning, this planning agency has attempted to assert the required administrative control over its affairs. Evidence to this fact is that the State