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standards and is constantly seeking to improve the work of the probation officers. This aim is recognized by Congress, for it is provided that no part of the funds appropriated for the probation system shall be used to pay the salary of any officer who does not meet the standards fixed by the Attorney General.58

Salaries of probation officers are fixed by the Attorney General. However, Congress generally designates what the maximum salary shall be in the annual appropriation acts; for example, in 1935-36 the maximum was $2,600 60 and in 1936-37, $2,800.61

Probation officers: Powers and duties.-The probation officer is charged with the duty of keeping informed as to the conduct of every probationer under his supervision and he is required to investigate and report on any case which the court may refer to him. Complete records must be kept of the work, accounts must be kept and monthly returns made of all money collected from probationers, and such reports made to the Attorney General as he may require. In addition, the probation officer "shall use all suitable methods, not inconsistent with the conditions imposed by the court, to aid persons on probation and to bring about improvement in their conduct and conditions." 62

Probation officers have the same power of arrest as deputy marshals. They may, at any time within the probation period, arrest the probationer without warrant wherever found.64

The Attorney General may direct that probation officers supervise and perform such other duties with respect to persons on parole, as he may require.65

PAROLE

History.-The Federal parole system was created in 1910 with the passage of an act authorizing the parole of pris

58 49 Stat. 1331 (1936).

18 U. S. C. § 726 (1934).

49 Stat. 85 (1935).

49 Stat. 1331 (1936).

e2 18 U. S. C. § 727 (1934).

es Ibid.

18 U. S. C. § 725 (1934). Id. § 727.

73115-39-VOL. I- -3

oners sentenced to terms of 1 year or more. Any such prisoner was made eligible for parole upon the expiration of one-third of his sentence. The power to grant and revoke parole was placed in the hands of the respective boards of parole established at the several penitentiaries and prisons. The board of parole at each penitentiary was composed of the superintendent of prisons in the Department of Justice and the warden and physician of the particular penitentiary. The board of parole at any Federal prison other than a penitentiary was composed of the superintendent of prisons and such officers of the particular prison as the Attorney General designated. A parole officer was provided for each penitentiary to supervise parolees and to perform such other duties as the board of parole might direct. It was provided that the supervision of parolees might also be devolved upon the United States marshals. The act of 1910 also provided that whenever any person has been convicted of any offense against the United States and sentenced to and confined in any State reformatory or institution, he becomes subject to the parole laws applicable to the inmates of such institution. However, the act further provided that no parole from either a State or Federal institution should become effective until approved by the Attorney General.1 In 1913 the parole law was amended so as to make prisoners serving a life term eligible for parole after the service of 15 years.2

No further amendments were made to the parole law until 1930. In that year the Federal parole system was materially altered. In lieu of the several institutional parole boards there was created a single parole board in the Department of Justice to be composed of three members to be appointed by the Attorney General. This board was given power to

136 Stat. 819–821 (1910), 18 U. S. C. §§ 714-723 (1934). 237 Stat. 650 (1913), 18 U. S. C. § 714 (1934).

"All Federal prisoners convicted for a definite term or terms of over 1 year whose prison record has been good, are eligible for consideration by the board for release on parole upon the expiration of one-third of their total term or terms. During the first 2 years of operation, the law was construed to mean that no life term prisoner was eligible for consideration for parole. As there were nearly two hundred of such prisoners then in confinement, the Attorney General, in his annual report to Congress, recommended that the law be amended so as to include such prisoners, and on January 23, 1913, an amendment was approved. White, The Federal Parole Law (1926), 12 A. B. A. Jour. 51. This article by a former superintendent of prisons contains a good summary of the operations of the Federal parole system prior to 1930.

grant paroles without any requirement of approval by the Attorney General. Likewise, the Attorney General's power of approval or disapproval of paroles granted to Federal prisoners confined in State institutions was transferred to the parole board. The way was paved for the transfer of supervision of parolees to the probation officers of the Federal courts, for it was provided that any such probation officer "shall perform such duties with respect to persons on parole as the Attorney General shall request." 4

994

Other significant amendments were made to the parole law in 1932. It was then enacted that a parolee "shall continue on parole until the expiration of the maximum term or terms specified in his sentence without deduction of such allowance for good conduct as is or may hereafter be provided for by law." It was also provided that any person to whom parole is not granted, but who is released prior to the expiration of his maximum term because of good-conduct deductions "shall upon release be treated as if released on parole and shall be subject to all provisions of law relating to the parole of United States prisoners until the expiration of the maximum term or terms specified in his sentence."

By whom administered.-The power to grant and revoke parole is vested in the board of parole which is composed of three members. Parole preparation is the responsibility of the institutional parole officers, who, as staff members in

8

146 Stat. 272 (1930), 18 U. S. C. §§ 723a-723c (1934).

446 Stat. 503 (1930), 18 U. S. C. § 727 (1934).

47 Stat. 381 (1932), 18 U. S. C. § 716a (1934).

It has at no time been the practice to count good conduct credits in determining the dates on which Federal prisoners become eligible for parole. And with regard to all persons sentenced since this act went into effect in 1932, good conduct credits are not counted in determining the date of the expiration of the parole period. Under this act, a person imprisoned for an offense committed after July 29, 1932, is to be released under supervision at the expiration of his sentence less good time. He must remain under supervision until the expiration of his sentence.

47 Stat. 381 (1932), U. S. C. § 716b (1934).

There are no special qualifications laid down for members of the Board. They are appointed by the Attorney General and they receive salaries of $7,500 per year each. 46 Stat. 272 (1930), 18 U. S. C. § 723a (1934).

Under the original parole act, the institutional boards of parole were authorized to appoint a parole officer at each institution. 36 Stat. 820 (1910). In 1930 this authorization was transferred to the newly created board of parole. 46 Stat. 272 (1930), 18 U. S. C. § 720 (1934). Now, however, the

the several institutions, participate in classification procedures, develop social histories, prepare and assemble official reports, are responsible for social case work involving the prisoner and his family in the community. The supervision of parolees is entrusted to the Federal probation officers and private advisers. This supervision is directed by the parole executive whose office is attached to that of the Board of Parole in Washington.

Persons eligible for parole.-"Every prisoner who has been or may hereafter be convicted of any offense against the United States and is confined in execution of the judgment of such conviction in any United States penitentiary or prison, for a definite term or terms of over 1 year, or for the term of his natural life, whose record of conduct shows that he has observed the rules of such institution, and who, if sentenced for a definite term, has served one-third of the total of such term or terms for which he was sentenced, or, if sentenced for the term of his natural life, has served not less than 15 years, may be released on parole" 10 if it appears to the Board of Parole "that such applicant will live and remain at liberty without violating the laws, and if in the opinion of the Board such release is not incompatible with the welfare of society." 11

Application for parole.-A short while before a Federal prisoner becomes eligible for parole, he is furnished with an application blank. This blank is a very brief form on which the applicant enters certain information about himself, his

parole officers at the institutions are appointed by the Bureau of Prisons, provided that the services of the parole officers are satisfactory to the Board of Parole. Social problems of a purely institutional nature, such as matters of institutional adjustment, are handled by the wardens' assistants. Under the system now being developed in the Federal institutions, there will be a chief parole officer and two other parole officers in each institution. The salary range of the parole officers in the Federal institutions is from $2.000 to $2,600, though the parole officers in most of the major institutions receive $2,600.

46 Stat. 503 (1930), 18 U. S. C. § 727 (1934). For information concerning the appointment, qualifications and salaries of probation officers, see ante, Probation.

10 18 U. S. C. § 714 (1934). If two consecutive sentences of 4 years each are commuted to run concurrently, parole may be granted after the expiration of one-third of 4 years. If the parole board refuses to consider an application for parole at that time, an application for mandamus will lie to compel it to do so. Thompson v. Duchay, 217 Fed. 484 (W. D. Wash. 1914), affirmed Duchay et al. v. Thompson, 223 Fed. 305 (C. C. A. 9th, 1915); Cf. McNally v. Hill, 293 U. S. 131 (1934).

36 Stat. 819 (1910), 18 U. S. C. § 716 (1934).

plans, the nature of his crime, his prospective employer and the person whom he desires as his adviser. If a prisoner does not desire to apply for parole, he is directed to sign a waiver of his right to apply for parole on a form which will be furnished to him.

Hearing: Prior investigation.-When a Federal offender is committed to a penitentiary or other institution the judge and the district attorney of the committing court file reports and recommendations concerning him. In some instances a presentence investigation is made by a probation officer, and in such cases the probation officer's report is also forwarded to the institution to which the offender is committed. Each prisoner is studied closely in connection with the institutional classification procedure. Reports will be filed concerning his progress by the various institutional officers from time to time. Immediately after his admission to the institution, the parole officers begin to study the family, social and economic conditions with which he will be faced when he is released on parole. An attempt is made to effect desirable community and home adjustments, and to prepare the community to which the offender will go for his reception.12

Hearings: When held and how conducted.-Parole hearings are held at each of the Federal penal and reformatory institutions four times each year, or once every 3 months. The hearings are usually conducted by one member of the Board. They are ordinarily attended only by the member, the institutional parole officer, the applicant and a stenographic assistant. The warden and the other institutional officers ordinarily do not attend the hearings. No attorney, relative or other person may appear for or against the applicant. However, such persons may write to or interview members of the Board.

Hearing: Disposition.-After the return to Washington of the board member who held the hearing, a final determination in each case is made by the whole Board.13

For a discussion of the problems involved in community preparation, see Huff, The Federal Parole System (1936) 2 Ore. St. Bar Bul. 72, 76.

46 Stat. 272 (1930), 18 U. S. C. § 723b (1934). of parole is a matter for the discretion of the Board. Fed. 283 (C. C. A. 9th, 1917).

The granting or refusal
Redman v. Duehay, 246

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