the court, a prisoner may be paroled after serving 1 calendar year of his term.52

With the exceptions noted, a prisoner may be paroled at any time after the expiration of one-half of the minimum term provided by law for the offense of which he was convicted, with the benefit of good-time credits, provided that he has served at least 1 calendar year. 53

In a case in which it was contended that a writ of habeas corpus could be employed only to effect final discharge, the supreme court held that if a petitioner was entitled to release on parole, habeas corpus was a proper remedy to test the legality of his restraint, even though upon release, such prisoner would have to be committed to the custody of the board of prison terms and paroles."

54

In computing good-time credits where a prisoner has been sentenced to two consecutive terms, the credits are to be computed on the basis of the total of the two terms rather than on the basis of separate terms, and parole eligibility is to follow such deductions based on the two term total.55

Persons eligible for parole: County jails.-Eligibility for parole in cases of misdemeanants who are inmates of local jails is regulated by the rules of the local board.56 Most county boards require that half of the term be served before parole may be granted. This term is subject to good time allowances of 5 days for each month of incarceration.57 Some of the county boards follow the practice of considering parole applications of misdemeanants at the end of service of half of the term. Prisoners sentenced to jail rather than prison for felonies where a jail sentence is an alternative punishment are paroled by some boards as a matter of practice only in exceptional circumstances.

Method of application for parole: Prisons for men.-The statute provides that the board of prison terms and paroles shall determine a definite term of imprisonment after the expiration of the minimum term.58 Since parole eligibility

attaches on expiration of the minimum, the determination of sentence is frequently considered by the board with the application for parole.

The arrangements and forms for parole applications are in the hands of clerks of the board. Application is automatic except for life termers. When a person enters prison, a card is made out marking his case for hearing by the board. If his minimum is under 5 years, the date is set at 1 year after admission. If the minimum is 5 years, the board hearing is set 2 years and 6 months later. If he is sentenced to life, a board hearing is set 7 years later upon the prisoner's application. The calendar for each meeting of the board of prison terms and paroles is prepared in advance monthly and transmitted to each member for study prior to the meeting.

The primary purpose of this first meeting is to fix the sentence. A parole date may or may not also be set. In case it is not, the prisoner may apply for parole and have a hearing once each year thereafter as long as he is incarcerated unless the board decides otherwise. If a parole date is set at the first hearing, it may later be changed.

The supreme court has held that any prisoner, not serving a life sentence, has a right to make application for parole and have the board hear and dispose of it when the period fixed by statute as the time when he might be paroled has expired.59

Method of application for parole: County jails.—According to the practice of most local boards, an inmate of a local jail applies for parole by making out a written form and sending it to the secretary of the county board of parole commissioners.

Hearing: Prior investigation: Prisons for men.-Statutory provision and a regular procedure exist for furnishing to the board of prison terms and paroles information to be used in considering questions of sentence and parole.

Before the date set by the board for release a properly executed "agreement to employ" form must be secured from the prisoner's prospective employer. This employment agreement must be approved by the State parole officer. Before the officer approves any such agreement he satisfies himself

Roberts v. Duffy, 167 Cal. 629, 140 Pac. 260 (1914).

as to the legitimacy of the employment, its probable permanence, the reliability of the prospective employer and his ability to pay the wage promised. In counties where the parole department does not maintain an office, the county sheriff is asked to submit his opinion regarding any employment offered by citizens of his county. All offers of employment from persons in States other than California are investigated either by the parole authorities of States which have reciprocal parole arrangements with California or by county sheriffs where there are no parole departments. The State parole officer requires that all employers be advised of the parole status of their prospective employees. The results of the parole officer's investigations are reported to the board. In addition to the information secured by the parole department concerning employment, information is secured. from the agencies which have dealt with the offender from arrest through imprisonment. Local sheriffs and chiefs of police are requested to forward any information which they have concerning the case. The trial judge submits, in addition to the commitment papers, a report which includes information obtained from an examination of the prisoner at the time of sentence. The district attorney also submits a report.60

A new statute requires the county probation officer to make an investigation and report thereon to the parole board in the case of every prisoner committed from his county, whether application for parole is made or not.61

Information concerning the prisoner is also secured from the State and Federal bureaus of identification. When these investigations indicate that the prisoner has a prior criminal record, additional information on this matter is sought.

Information is sought not only from official sources but also from former employers, relatives, the complaining witness, and the attorney who represented the offender at the trial. About 60 days before the application is to be considered by the board, the prisoner is asked to submit names of persons for reference. Letters are written to these persons and any replies are made a part of the file on the offender.

The information thus obtained is written up in narrative form and mimeographed copies of this narrative are prepared.

An investigation of the prisoner is also conducted within the prison. The educational director gives parole applicants achievement, intelligence, and vocational interest tests. The prison doctor makes physical examinations. The religious directors submit a record concerning the prisoner's religious interests. Case histories based on the prisoner's own story are written up by each of two prison officials at different times. Reports of all examinations and investigations made within the prison are included in the file on the prisoner or are made the subject of confidential reports to the board of prison terms and paroles.

The board also receives confidential reports on prisoners from the warden, the captain of the yard, and other prison officials concerning the applicant's prison conduct.

If after the hearing the board desires additional information, the State parole officer is instructed to make a special investigation. His report is considered by the board when the application is again considered.

Hearings: Prior investigation: County jails.-The county boards of parole commissioners require such investigation as they deem necessary. Their information usually includes a file with a story of the offense, the recommendation of the committing judge, the recommendation of the jailer, a report from the police department as to prior offenses, and correspondence with interested persons.

Hearing: When held and how conducted: Prisons for men.-The board of prison terms and paroles usually meets three times a week. It holds sessions at San Quentin and Folsom. A hearing room is provided at each of these prisons. In the year 1935-36 the board met 137 times, considered 4,614 cases, in each of which it heard the prisoner personally.

In addition to the members of the board and its secretary, a parole officer, and the warden of the prison are present at the hearing. When a prisoner's case is called he is brought in and the members of the board, with the narrative and confidential reports before them, interview him informally. The prisoner is given an opportunity to make a

statement and to file any documents or letters pertaining to his case. If he desires a reasonable continuance to present additional information it is granted him.

Hearings: When held and how conducted: County jails.— County boards meet as business requires. In Los Angeles County the board, which comprises deputies of the designated officials, meets twice weekly. It meets on Thursday mornings at the district attorney's office to consider county jail paroles, and at noon each Friday it meets at the city jail to consider cases of persons incarcerated there. Those present include the members of the board, the county parole officer (who in Los Angeles is a deputy sheriff assigned for parole duties), and a secretary. Formal hearings are not held. City prisoners are heard personally; county prisoners are not. Witnesses on the applicant's behalf may appear and be heard. The accumulated data, including the application, any accompanying affidavits, letters from interested persons, records from the police and sheriff's files, and recommendations of the trial judge are condensed into a narrative with the story of offense. Decision is made on this information plus any first hand knowledge of a member of the board.

In Alameda County (Oakland) the parole board meets every Saturday morning. Neither the prisoner nor anyone in his behalf is permitted to appear in connection with the parole application. The case is considered on the basis of the record, the information in the file, and the recommendation of the jailer and other officials.

Hearing: Disposition: State prisons for men.--After the prisoner leaves the hearing room, the three members of the board discuss and determine the disposition of his case. The secretary enters their decision in his minutes. Following adjournment the prisoner is notified in writing of the board's decision.

The fact that the board must receive, hear, and dispose of a prisoner's application for parole at the time when, by statute, he becomes eligible for parole does not mean that the board is compelled to grant the release asked. This is true even though the applicant's conduct in prison has been good. Not only the applicant's daily prison life and his conduct under prison discipline must be considered by the board in