determining the question of parole. The board must consider, in addition, the nature of the offense for which the prisoner was sentenced, the term for which he was sentenced, the portion thereof which he has served, his age, life history, habits, inclinations, disposition, traits of character, and the probabilities for and against his reformation.

"The whole question of actual release upon parole was intended to be left to the judgment and discretion of the board to be exercised as it might be satisfied that justice in the case of any particular prisoner required.” 62

Conditions for parole: State prisons for men.-A preparole condition invariably required by the board is that the parolee have satisfactory employment awaiting him on release. The prospective employer must sign an agreement to employ, endorsed by a local official and approved by the parole officer. A prisoner is detained even after the date set for his parole if employment has not been arranged. The rigidity of adherence to this rule is illustrated by the fact that in the year 1934-35, 277 prisoners were discharged at the termination of their sentence who could have been released earlier on parole if they had been able to obtain employment. On June 30, 1935, 522 prisoners had been granted parole but remained in prison because they were unable to arrange satisfactory employment.

If satisfactory employment is arranged outside the State, the prisoner may be released on parole to go to such State. There were 410 prisoners paroled out of the State in 1934–35.6*

The board often paroles an alien prisoner for deportation. The board paroles as many alien prisoners as immigration authorities will accept for deportation but not until they have served a substantial portion of their term. During the year 1934-35, 207 prisoners were paroled for deportation.65

A prisoner who is released on parole is given by the warden, on his departure from the prison, $10 and fare to his destination within the State, and is then instructed to proceed directly to the office of the State parole officer in

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

Reports, Board of Prison Terms and Paroles (1934-35).

Ibid.

es Ibid.

San Francisco. Upon his arrival at the State parole office the parolee is given a copy of the rules of his parole and instructed to read them in the presence of a deputy, who must satisfy himself that the parolee is conversant with the rules and obligations of his parole. The deputy must explain any part of the rules which the parolee does not thoroughly understand. The rules state that to make any change of residence or employment the parolee must first obtain the written consent of the State parole officer, that civil rights by law are suspended until his term expires. In addition, the rules state that all moneys and securities belonging to the parolee must remain in the custody of the warden of the institution from which he was released. However, if the parolee is in need of funds for a good and sufficient purpose, he may submit a request to the State parole officer, specifying the purpose for which the funds are required. If the State parole officer is satisfied that the request is bona fide, the officer may recommend to the warden that the sum requested be allowed the parolee.

A supply of report forms is given each parolee, and on these he must make his monthly reports on a designated date. The report must be signed by his employer, and show the amount of his earnings, the number of days worked and the proportion of his earnings spent to that saved. The report must be verified by the peace officer to whom the parolee has been instructed to report on his arrival at his place of parole employment.

Parolees are forbidden to drive or operate an automobile, truck, or any motor powered vehicle, but the State parole officer has authority to grant a parolee permission to drive a motor vehicle where this is necessary in the performance of his duties as an employee.

The parolee remains in the legal custody of the board of prison terms and paroles and is subject to be returned to prison if he fails to abide by the conditions of his parole. He must sign a statement acknowledging that he understands the rules of his parole and the conditions connected therewith.

Conditions for parole: County jails.-The county parole board makes its own rules and regulations and fixes the

66

conditions of parole. The conditions commonly imposed on parolees released by the board in Los Angeles County are to avoid alcohol, to keep employed, not to leave the county without permission, and to report as required to the county parole officer. In Alameda County, employment is usually required as a condition of parole. The parolee may not leave the county unless he is granted special permission to take employment elsewhere.

County parole boards are authorized by statute to parole jail inmates for deportation.67

Supervision: Prisons for men.-The State parole office has 10 office workers and 7 field supervisors. (The board of trustees of the women's institution has one parole officer). Offices are maintained in San Francisco and Los Angeles.

Deputy parole officers from the San Francisco or Los Angeles offices make regular contacts with parolees, visit their homes and places of employment and consult with local peace officers as to the parolees' conduct and response to parole. In addition, a written monthly report is required of each parolee which must be certified by his employer and a local peace officer.

A parolee who fails to submit his monthly report is immediately investigated. He is advised that his report has not been received, and an explanation is requested. If this brings no response, inquiries are sent to his employer, correspondents, and the law enforcing authorities. If these inquiries fail to locate a parolee, his failure to report is brought to the attention of the board of prison terms and paroles which thereupon declares him a parole violator. If subsequent investigation discloses that although the parolee had been negligent about submitting his report, his general conduct and employment record had been satisfactory, the State parole officer recommends reinstatement on parole. Otherwise, the parolee must be returned to the institution from which he was released.

The employer is the parolee's sponsor and must aid him in abiding by the conditions of release. The employer must notify the board of any violation of the terms of parole.

Cal. Gen. Laws (Deering, 1931) Act 5780. Id. (Deering Supp. 1935) Act 5780 (3). 73115-39-VOL. I-12

In 1937 the legislature authorized the Governor to enter into uniform compacts with the authorities of other States for the transfer and supervision of out of State parolees and probationers.

68

Supervision: County jails.-A parolee from a local jail remains in the custody and under the supervision of the county parole board for the duration of his term.69

Procedure on violation of parole: Prisons for men.-The board has power for cause shown in the order to suspend, cancel, and revoke parole without notice and to issue a warrant for a prisoner on parole, returnable by any peace officer in the State. The Governor may also exercise an independent power to revoke, suspend, or cancel parole but he rarely does so.

70

Although no hearing is required before suspension or revocation of parole, a hearing is held after the prisoner is returned to custody. The prisoner, if in custody, is entitled to be present and may present evidence in his behalf, but the board's decision is final." The statute provides that for infraction of parole conditions all or part of a prisoner's good-time credits, earned or to be earned, may be forfeited.

A prisoner on parole is in the legal custody and control of the board; rules for his conduct on parole are "rules and regulations of the prison"; and forfeiture of credits upon violation of those rules is within the power and discretion of the board."

72

The phrase "rules and regulations of the prison" in the good-time law is broadly interpreted to include any rule made by the board to regulate the conduct of convicts committed to its custody and control, whether for acts done within or without the prison inclosure.73

During the time a prisoner is out on parole he is under the jurisdiction of the board and constructively a prisoner

es Cal. Stat. 1937, p. 469, c. 171.

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

To Cal. Pen. Code (Deering, 1937) § 1168; In re Tobin, 130 Cal. App. 371, 20 P. (2d) 91 (1933).

71 Ibid.

72 In re Taylor, 216 Cal. 113, 13 P (2d) 906 (1932); In re Stanton, 169 Cal. 607, 147 Pac. 264 (1915); In re Tobin, 130 Cal. App. 371, 20 P. (2d) 91 (1933); In re Daniels, 106 Cal. App. 43, 288 Pac. 1109 (1930); In re Heckman, 90 Cal. App. 700, 266 Pac. 585 (1928); In re Sanders, 47 Cal. App. 368, 160 Pac. 647 (1920). See In re Albiori, 218 Cal. 34, 21 P. (2d) 423 (1933). T3 In re Stanton, 169 Cal. 607, 147 Pac. 264 (1915). See In re Taylor, 216 Cal. 113, 13 P. (2d) 906 (1932).

of the State. The board may, therefore, forfeit credits of any parolee who has violated the rules and regulations of the prison or the laws of the State.74

In a hearing on forfeiture of credits either for infraction of prison rules or violation of parole, the board need not observe the procedural formalities of a judicial trial." Such a hearing does not place the prisoner once in jeopardy so as to bar subsequent prosecution in a State court for the offense which furnished the grounds for forfeiture of credits.76

The complaint on which the parolee is brought before the board need not meet the requisites of an indictment or information." The "essential thing is the existence of jurisdictional facts, not the recital of their existence in the record." 78

A parolee who is sentenced to prison for an offense committed while on parole is subject to forfeiture of credits on the first sentence for his parole violation as well as service of the term imposed for the second crime."

If the parolee is charged with a crime while on parole and is acquitted thereof, the board is not precluded from inquiring into the circumstances and revoking the parole and forfeiting credits.80

The question has arisen as to whether an infraction of prison rules committed before the prisoner's release on parole but not discovered until after such release is a violation of parole for which revocation and forfeiture of credits can be imposed. The court has held in this situation that there is no limitation on the discretion of the board in this regard since the parolee enjoys no vested right in his freedom and is in the custody of the board, subject to reimprisonment and forfeiture of credits.81 The paroled prisoner may be rearrested and recommitted, without either notice or

"In re Heckman, 90 Cal. App. 700, 266 Pac. 585 (1928).

15 In re Stanton, 169 Cal. 607, 147 Pac. 264 (1915); In re Heckman, 90 Cal. App. 700, 266 Pac. 585 (1928).

People v. Conson, 72 Cal. App. 509, 237 Pac. 799 (1925). "In re Heckman, 90 Cal. App. 700, 266 Pac. 585 (1928). In re Stanton, 169 Cal. 607, 149 Pac. 264 (1915).

19 In re Sanders, 47 Cal. App. 368, 190 Pac. 647 (1920). In re Heckman, 90 Cal. App. 700, 266 Pac. 585 (928). 81 In re Tobin, 130 Cal. App. 371, 20 P. (2d) 91 (1933).