Sixth, lack of exercise and recreation. These unconvicted prisoners are not only entitled to humane and decent detention pending trial and conviction, but are entitled to be kept under such conditions as will not impair their health. Physical exercise is indispensable to good bodily health, and we have now come to recognize that wholesome recreation is equally indispensable to mental and spiritual health; and it is very desirable that both physical exercise and recreation shall be provided, as far as practicable, outdoors.
Seventh, lack of clinical and hospital provision. The majority of the inmates of our jails are in need of medical, surgical, dental, or psychiatric treatment. In many cases their unsocial tendencies are due, in greater or less degree, to these conditions. It is necessary to treat those who come in with communicable diseases in order to protect the other prisoners and to protect the public after their discharge. It is necessary also (a necessity which is being recognized increasingly by judges and legislators) to enlist the psychologist and psychiatrist, both for the study and treatment of such prisoners, in order that they may be so dealt with as to conserve the public interests.
While agreeing fully with Dr. Kirchwey that separate and distinct provision entirely apart from the county jail must be made for the younger men, for women, insane prisoners, and witnesses; and that it is desirable to locate the central jail for the older male prisoners on a larger tract of ground in a less congested district: if, however, it should be decided for economic reasons, or for the convenience of proximity to the Criminal Court, that it is necessary to build the new jail and Criminal Court on the present site, the plan set forth in the accompanying illustrations is proposed by the writer as a possible solution of the problem.
It must be borne in mind that the prisoner awaiting trial in the county jail is on a different footing from the convicted prisoner. The law provides that every person shall be deemed innocent until he is proved guilty, and it is universally recognized that the person awaiting trial is entitled to humane treatment. He is entitled to decent living conditions and as little hardship as is consistent with his safe-keeping. The theory of the law is that the prisoner is not to be punished until he is proved to be guilty. It has been the practice in this country to use the county jails as places of confinement for sentenced prisoners convicted of minor offenses, and in most of the county jails these two classes of prisoners mingle freely together. Not only that, but insane prisoners and witnesses, accused of no crime, are often kept in the jails, where they come in contact with other prisoners.