annual report to the Governor.18 In 1935 a statute defined more clearly the governing duties and powers of the old board of prison directors.19

In 1927 the Habitual Criminal Act was amended to require 12 years' service before a third termer was eligible for parole and to prohibit entirely the parole of anyone convicted of a felony for the fourth time.20 This was limited in 1931 to those convicted of specified crimes,21 but in 1935 an amendment allowed the court some latitude in exceptional cases not to declare a fourth offender an habitual criminal.22

In 1909 county boards of parole were created comprising the sheriff and district attorney. The boards had power to release misdemeanants from county jails, on such conditions as they deemed appropriate.23 In 1913 this statute was amended to add the chief of police of the county seat to the board and to add all jails, city or county, to those from which the board could parole prisoners.24 In 1929 the statute was further amended to provide that such officers could substitute deputies to serve for them as members of the board of parole commissioners.25 From the beginning the statute gave the board full power to "retake and imprison any prisoner so upon parole." 26 In 1935 the legislature authorized the county board to release unconditionally any alien consenting to return to his native land.27

The statute creating an industrial farm for delinquent women gave its board of trustees power to grant and revoke parole. 28

18 Cal. Stat. 1933, p. 1442. 19 Cal. Stat. 1935, p. 1568.

20 Cal. Stat. 1927, p. 1066.

The

Cal. Stat. 1931, p. 1052; Cal. Pen. Code (Deering, 1931) § 644. crimes are robbery, burglary, burglary with explosives, forcible rape, arson, murder, assault with intent to murder, grand theft, bribery of a public official, perjury, subornation of perjury, train wrecking, receiving stolen goods, assault with deadly weapon, extortion, kidnapping, mayhem, escape from prison, forgery, or conspiracy to commit one of the above.

22 Cal. Stat. 1935, p. 1699; Cal. Pen. Code (Deering, Supp. 1935) § 644. Cal. Stat. 1909, p. 783.

Cal. Stat. 1913, p. 385.

Cal. Stat. 1929, p. 1749; Cal. Gen. Laws (Deering, 1931) Act 5780.

Cal. Stat. 1909, p. 783.

Cal. Stat. 1935, p. 1635; Cal. Gen. Laws (Deering, Supp. 1935) Act 5780.

* Cal. Stat. 1919, p. 246; Cal. Gen. Laws (Deering, 1931) Act 6162. This

should not be confused with the California Institution for Women.

Statutory provision for the California Institution for Women was made in 1929.29 As first conceived it was to be a women's prison, governed by a women's board, with full powers, including parole.30 The 1929 legislature and each succeeding legislature amended the original statute,31 but the 1933 statute made it clear that the women's institution was a department of the men's prison at San Quentin and that parole of its inmates lay with the board of prison terms and paroles.32 A constitutional amendment was proposed by the 1935 legislature to empower it to create a separate governing body for the women's prison and was ratified at the 1936 general election.33 An act passed by the same session of the legislature in anticipation of ratification of the constitutional amendment amended the earlier unrepealed statute creating the board of trustees for the women's prison and vested it with parole and release powers identical with those vested in the board of prison terms and paroles and the board of prison directors.34 Another act at the same session directed courts to commit women prisoners to the women's institution.35

By whom administered: Prisons for men.-The board of prison terms and paroles has the twofold and related duty of fixing terms of imprisonment and granting paroles to inmates of the State prisons for men.36

Thus, parole administration for the State prisons for men is under the State board of prison terms and paroles, a body of three, except insofar as the board of prison directors, a body of five, appoints all prison employees, including parole officers.38

37

The members of the board of prison terms and paroles are appointed by the Governor for 4 year terms. The chairman receives $6,000 a year compensation, the other two members

20 Cal. Stat. 1929, p. 490.

20 Ibid.

31 Cal. Stat. 1929, p. 817; Cal. Stat. 1931, pp. 323, 2020; Cal. Stat. 1933, p. 557.

82 Cal. Stat. 1933, p. 557.

23 Cal. Const. art. X, § § 6, 7. See Cal. Stat. 1937. p. liii.

4 Cal. Stat. 1935, p. 1566, amending Cal. Stat. 1929, p. 490.

35 Cal. Stat. 1935, p. 1568; Cal. Pen. Code (Deering, Supp. 1935) § 1168a.

30 Cal. Pen. Code (Deering, 1937) § 1168.

Cal. Gen. Laws (Deering, 1937) Act 1916.

38 Cal. Const. art. X; Cal. Stat. 1935, p. 1570.

$5,000 a year. Provisions for travelling expenses and for a secretary and other assistance are also made.39

The five members of the State board of prison directors are appointed by the Governor and confirmed by the senate. Terms are for 10 years, but no salaries are paid. Travelling expenses are allowed.40

Parole supervision and all matters pertaining to parolees during the period of their parole are administered by the State parole officer and his deputies. Headquarters are maintained in San Francisco, with a branch office in Los Angeles. The duties pertaining to the supervision and investigation of parolees are divided between the two offices. Eleven deputies are assigned to the main office in San Francisco and seven to the branch in Los Angeles.

By whom administered: Institution for women.-Parole from the California Institution for Women is under the administration of a board of trustees of five members, three of whom must be women. The members are appointed for 5 year terms by the Governor and serve without compensation except for expenses. The board is vested with parole and release powers identical with those vested in the board of prison terms and paroles and the board of prison directors.11 The board has a separate women's parole officer located in Los Angeles.

By whom administered: County jails.-Parole from local jails is administered by county boards of parole commissioners of which the district attorney, sheriff, and chief of police of the county seat, or deputy of each are members. No extra compensation is provided.42 In large counties, the work of the parole board is done by deputies of the officials designated. For instance, in Los Angeles county, one of the district attorney's investigators devotes full time to the administration of parole in that county and has a clerical assistant. The county jailer represents the sheriff on the board, and the city jailer represents the chief of police. These three deputies make recommendations to their superiors, who usu

Cal. Gen. Laws (Deering, 1937) Act 1916.

Cal. Const. art. X.

a Cal. Stat. 1929, p. 490, as amended Cal. Stat. 1935, p. 1566. See Cal. Const. art X, 6, 7.

Cal. Gen. Laws (Deering, 1931) Act 5780.

ally ratify the action taken. The order granting parole is signed separately by the officials themselves.

In a few of the sparsely populated counties no parole board functions. In each county in which a board does function, parole administration is governed by rules and regulations made by the local board.

Prisoners eligible for parole: Prisons for men.-All prisoners are eligible for parole except:48

(1) An offender convicted of kidnapping where the victim has suffered bodily harm.

(2) An offender convicted in the State of any felony who has been convicted three times previously, on charges separately brought and tried, and has served a term therefor in any State and/or Federal penitentiary in California or elsewhere for any one of the following crimes: robbery, burglary, burglary with explosives, rape with force or violence, arson, murder, assault with intent to commit murder, grand theft, bribery of a public official, perjury, subornation of perjury, train wrecking, felonious assault with a deadly weapon, extortion, kidnapping, mayhem, escape from a State prison, forgery, conspiracy to commit any one or more of the foregoing felonies.

Such an offender is an habitual criminal and must be punished by imprisonment in the State prison for life and is ineligible for parole, unless he has been specifically excepted from the provisions of the habitual criminals act by the court within 60 days after the actual commencement of imprisonment.44

43 Cal. Pen. Code (Deering, 1937) § 209.

Id. § 644, See In re Rosencrantz, 205 Cal. 534, 271 Pac. 902 (1928) (The habitual-criminal statute is constitutional. Since parole is a matter of grace and not of right, the withholding of this favor by the legislature from any particular class of prisoners does not inflict upon those thus denied it a cruel or unusual punishment. The punishment imposed under the statute is for the present offense and not for the earlier convictions. Therefore, the statute is not unconstitutional as an ex post facto law); People v. Jones, 6 Cal. (2d) 554, 59 P. (2d) 89 (1936) aff'g 54 P. (2d) 757 (The 60 days commences to run when the prisoner arrives at the prison and the fact that he must serve out a previous term for parole violation does not postpone the commencement of his life sentence so that the court may, after the parole term is completed, make an order excepting him from the terms of the habitual criminals act); see also People v. McNabb, 3 Cal. (2d) 441, 45 P. (2d) 334 (1935) (An habitual criminal is a life termer while he is serving out a term for previous parole violation). See also In re Brady, 5 Cal. (2d) 224, 53 P. (2d) 945 (1936); People v. Haynes, 9 Cal. App. (2d) 156, 49 P. (2d) 288 (1935).

A person who has been previously twice convicted as provided above shall be adjudged an habitual criminal and imprisoned for life. He is not eligible for parole until he has served a minimum of 12 years.

45

No life-term prisoner is eligible for parole until he has served 7 years.46

A person not previously convicted of a felony who was armed with a deadly weapon at the time of the commission of his offense or with a concealed deadly weapon at the time of his arrest must be given a minimum sentence of 5 years and may not be paroled until he has served the minimum sentence, with the benefit of deductions for good-time credits."

A person who has been previously convicted of a felony and who was armed with a deadly weapon at the time of the commission of his offense or with a concealed deadly weapon at the time of his arrest must be given a minimum sentence of 10 years and may not be paroled until he has served the minimum, less deductions for good-time credits.18

An offender who is serving two or more cumulative or consecutive sentences may not be paroled until he has served at least 2 calendar years, and if the total of his minimum consecutive sentences exceeds 10 years, he is not eligible for parole until he has served 10 years, less deductions for goodtime credits.49

One who escapes or attempts to escape may not be paroled until he has served at least 2 calendar years from and after the date of his return to prison after conviction of escape or attempted escape.50

No prisoner who has served a previous sentence in a State prison in California or any other State or in a Federal penitentiary may be paroled until he has served at least 2 calendar years, 51

If neither a maximum nor a minimum term of imprisonment is imposed by law for the offense of which the prisoner was convicted, but a fixed and definite term is imposed by

45 Cal. Pen. Code (Deering, 1937) § 644.

4 Id. § 1168.

47 Ibid.

Ibid.

Ibid.

Ibid.