2.1.2: The Reformatory (1860s–1930s)

The aftermath of the American Civil War marked a crucial juncture in the evolution of penological practices in the North as well (Blomberg & Lucken, 2010). During this period, Enoch Wines and Theodore Dwight conducted a comprehensive examination of American penitentiaries from 1867 to 1869. Their investigation uncovered egregious practices, including instances of torture, decrepit infrastructure, and appalling living conditions within correctional facilities (Pisciotta, 1994). The findings of their report were discussed at the 1870 National Congress in Cincinnati, precipitating urgent calls for reform. In response, the Congress formulated a set of foundational principles to guide the transformation of penitentiaries (for further details, see Declaration Principles). The principles outlined in the declaration emphasized the paramount importance of rehabilitation and reformation in the treatment of offenders, reflecting a growing recognition of the need for humane and effective approaches to criminal justice (Wines, 1873). In addition to the establishment of fundamental principles for penitentiary reform, the American Prison Association was formed. This organization, later renamed the American Correctional Association in 1954, became instrumental in advocating for progressive reforms in the correctional system.

The Elmira Reformatory

The two most significant events in the early reformatory movement in the US were the National Congress meeting in Cincinnati in 1870 and the opening of the Elmira Reformatory in New York in 1876 (Putney & Putney, 1962). Zebulon Brockway, Elmira’s first superintendent, modeled the new adult reformatory on (a) the principles established at the 1870 Cincinnati meeting, (b) the work of leading scholars of the time, and (c) Alexander Maconochie’s mark system. The mark system revolved around the concept of indeterminate sentencing, where inmates would earn marks for good behavior, thereby gradually leading to increased responsibilities and freedoms.

Brockway adhered to the late 19th century positivism movement in criminology. This philosophy posited that much criminal behavior was hereditary and therefore genetic. Nonetheless, Brockway implemented a system where every inmate entering the reformatory underwent evaluation to determine their individual rehabilitation needs. He emphasized the importance of socializing offenders through treatment programs, such as schooling and vocational training. However, reflecting the prevailing beliefs of the time regarding criminality, many inmates, particularly Black individuals, were perceived as genetically predisposed to criminal behavior—beliefs that subsequent research and advancements in criminology have widely discredited (Young, 2011).

Brockway created a basic three-grade classification process for inmates. Upon entry, all inmates would be assigned to grade two. Those who accumulated enough good behavior merits would then transition to grade one, which granted them special dining and conversation privileges. Conversely, inmates who exhibited bad behavior would receive demerits and eventually be placed in grade three, resulting in a loss of privileges and separation from grade one and two inmates (Putney & Putney, 1962). Once an inmate accrued sufficient good behavior merits, they could apply for parole, which was then reviewed by the parole board and either accepted or denied.

By actively marketing and promoting the new penological approach, Brockway contributed considerably to the adoption of reformatories across the country (Pisciotta, 1994). By the 1890s, many states in the North and West began constructing reformatories modeled after Elmira. However, by the mid-1890s, Elmira Reformatory faced issues of overcrowding, and reports of abuse of mentally disabled inmates emerged. Consequently, Brockway lost political support, ultimately leading to his resignation in 1900.