Wyoming, and Colorado for cooperative effort and mutual assistance in the prevention of crime. Among other things this compact provides for the transfer and out-of-state supervision of probationers and parolees.33 PAROLE History. The first definite legislative action toward the establishment of a parole system in Colorado was probably taken in 1889, when two acts, one relating to the reformatory and the other to the penitentiary, were approved on the same day. One of these acts, that which provided for the establishment of the reformatory for the incarceration of male offenders between the ages of 16 and 30 and of other male offenders convicted of a misdemeanor, specified that courts imposing sentences to the reformatory should not fix or limit the duration of such sentences, but that no person should be held in the reformatory for a period longer than the maximum term provided for the offense for which the prisoner was convicted. The commissioners of the penitentiary and the warden of the reformatory were authorized to grant an absolute release to an inmate of the reformatory prior to the expiration of such maximum term in accordance with the rules of a merit marking system for which provision was made. This act remains the basis of the system of release from the reformatory. No specific provision has been made for parole from the reformatory, but parole is granted on the basis of the conduct credits provided for in this act. The other act passed in 1889 provided, among other things, that when a convict who was released prior to the expiration of his sentence because of good-conduct deductions failed to comply with the conditions of the act relating to the departure of the convict from the county in which the penitentiary is located, he should be returned to the penitentiary to serve the remainder of his term. In 1899 33 Colo. Laws 1937, ch. 180. 1 Colo. Laws 1889, H. B. 169, § 15, 26, pp. 421, 425-426; see Colo Stat. Ann. (Michie, 1935) ch. 48, § 513 and ch. 131, § 64. * Colo. Laws 1889, S. B. 157, pp. 89-90; see Colo. Stat. Ann. (Michie, 1935) ch. 131, §§ 187-189. an indeterminate sentence and parole act was passed under which the Governor was authorized to grant parole to a convict in the penitentiary at the end of his minimum term of imprisonment. This act remains in the statutes,* although it has been in part superseded by the parole act of 1935.5 The present parole system at the penitentiary is grounded upon the acts of 1899 and 1935, although some minor legislation has been passed. By whom administered: Penitentiary.-The power to grant and to revoke parole is placed in the hands of the Governor. A convict on parole is subject to such rules and regulations as the Governor and warden may prescribe, and he is in the legal custody and under the control of the warden. Provision is made for the appointment of a parole officer at the penitentiary by the warden. The parole officer is paid a salary of $1,200 a year. vision is made for traveling or other expenses. vision is made for the appointment of additional parole officers or supervisors. No pro No pro By whom administered: Reformatory.-Although there is no statutory provision for parole from the reformatory, a kind of parole system has been evolved upon the basis of the statutory provision for final discharge from that institution.10 A person who is committed to the reformatory is given an absolute indeterminate sentence without any specified maximum or minimum terms. The Governor and the warden are authorized to terminate sentences to the reformatory in accordance with a merit system established by 'Colo. Laws 1899, ch. 104, pp. 233–235. 'Colo. Stat. Ann. (Michie, 1935) ch. 48, §§ 545-550. Colo. Laws 1935, ch. 101, pp. 342-346; see Colo. Stat. Ann. (Michie, 1935) ch. 48, § 556-559. Colo. Stat. Ann. (Michie, 1935) ch. 48, §§ 547 and 558 (e). See Opinions Att'y Gen. (Colo. 1929-30) 180. While by statute it is provided that the parolee shall remain in the legal custody and under the control of the board of corrections (penitentiary commissioners), the board has apparently delegated its control to the warden. The parole agreement or form for release states that the parolee remains in the legal custody and under the control of the warden. See Colo. Stat. Ann. (Michie, 1935) ch. 48, § 547. Colo. Stat. Ann. (Michie, 1935) ch. 131, § 71. Id. ch. 31, § 16. 10 Id. ch. 131, § 64 and ch. 48, § 513. 11 the board of corrections; " upon this authorization the board and the warden have built a parole system. The Governor and the warden sign all parole releases. The warden of the reformatory, like the warden of the penitentiary, is authorized to appoint a parole officer.12 It is provided that this parole officer may receive a salary of $1,200 and expenses,13 but actually nothing is appropriated. Persons eligible for parole: Penitentiary.-Any prisoner committed under an indeterminate sentence is eligible for parole upon the expiration of the minimum term of the sentence under which he was imprisoned. A prisoner who has been sentenced to a life term is eligible for parole after serving 10 years.15 No prisoner who has escaped or attempted to escape may be paroled or discharged until he has served at least 2 years from and after the date of his return to the prison, whether such 2 years extend beyond the maximum term of his sentence or not, and during such 2 years the prisoner may not be credited with any good-time deductions.16 Persons eligible for parole: Reformatory.-Under the practice which has developed upon the basis of the statutory provisions for final discharge in accordance with a merit plan promulgated and revised from time to time by the board of corrections," a prisoner at the reformatory is deemed eligible for consideration for parole when he has accumulated 2,000 merits. If the present plan is strictly followed, an inmate of the reformatory may become eligible for parole in a minimum period of approximately 7 11 Colo. Laws 1889, H. B. 169, §§ 15, 26, pp. 421, 425-426. See Colo. Stat. Ann. (Michie, 1935) ch. 48, § 513, ch. 131, § 64. 12 Colo. Stat. Ann. (Michie, 1935) ch. 131, § 62. 13 Id. ch. 31, § 16. 14 Id. ch. 48, §§ 547, 558 (a). For provisions for indeterminate sentences to the penitentiary, see id. § 545. In determining the minimum term, a convict may be given credit for his good conduct deductions. Opinions Att'y Gen. (Colo. 1929-30) 180. For provisions for good conduct deductions see Colo. Stat. Ann. (Michie, 1935) ch. 131, §§ 73-76 and ch. 48, §§ 556, 557, and 559. A prisoner receives "good time" and "trusty time" in accordance with his conduct. A first offender may receive "trusty good time" after 30 days of imprisonment, but a second offender must first serve 1 year. 15 Colo. Stat. Ann. (Michie, 1935) ch. 48, § 558 (c). In practice the average time served by life termers before parole is 14 years. 10 Id. ch. 48, § 558 (b). 17 Id. ch. 48, § 513 and ch. 131, § 64. As to who may be sentenced to the reformatory see id. ch. 48, § 512. months.18 The administration of the merit plan is, of course, in the hands of the warden and his assistants, and the date of eligibility for parole is largely a matter within the discretion of the warden. Method of application for parole.-There are no formal rules with regard to application for parole, either at the penitentiary or the reformatory. Such matters are substantially within the discretion of the penitentiary and reformatory authorities. Each prisoner may talk to the warden once a week. Hearing: Prior investigation.—While certain biographical records, physical and mental reports, and other records are compiled concerning the prisoners at both institutions, investigation for the specific purpose of determining the fitness of inmates for parole is not a practice. Hearing: When held and how conducted.-No provision is made for a formal hearing prior to the granting of parole at either of the institutions, but informal interviews are held. Hearing: Disposition.-The Governor must of necessity rely heavily on the penitentiary authorities in making his 18 All inmates at the Colorado State Reformatory are under an absolute indeterminate sentence. They can be released any time after arrival at the discretion of the warden. To assist in evaluating an inmate's conduct, a system of marks is in use. An inmate is eligible for parole when he has earned 2,000 marks if he is committed to the reformatory for the first time, 2,500 marks if for the second time, and 3,000 marks if for the third time. Beginning with the first day he enters the institution an inmate is entitled to four marks per day merely by virtue of his being in the institution. For an infraction of rules which calls for incarceration in the screen cell, he not only loses this daily "automatic" credit of 4 marks, but loses 10 marks per day for every day he remains in the screen cell. If, however, he behaves himself, after the first 15 days, he can earn an additional two merit marks per day for application to his work. At the end of the first month this merit credit is increased to four marks per day. In other words, a boy who behaves himself, and tends to business, receives for good conduct and application to the task assigned him a total of eight marks per day. At the end of the second month, at the discretion of the warden, he may be given a bonus of 10 marks. At the end of the third month, at the discretion of the warden, he may be given a bonus of 20 marks, at the end of the fourth month, he may be given a bonus of 30 marks, and at the end of the fifth month, he may be given a bonus of 40 marks. In addition, at the end of the first 3 months' period of his incarceration, at the discretion of the warden, for particularly meritorious service, he may be given an additional bonus of 100 marks. At the end of the second 3-months' period he may be given a second 100 marks bonus. This 100-mark bonus is given for two periods only. The inmate who obeys all the rules, and performs his work cheerfully, can, under the marking system described above, earn his parole in a little under 7 months. This marking system is an administrative measure and is not set forth in the statutes. decisions. While the Governor and the warden of the reformatory both sign the parole releases from that institution, the warden of the reformatory alone decides whether parole from the reformatory should be granted or refused in the majority of cases. Conditions for parole.-Upon discharge from the penitentiary a parolee is given $5, an outfit of clothes, and a nontransferable railroad ticket to the railroad station at, or nearest to, the county seat of the county in which the crime for which the parolee was convicted was committed.19 The same practice is followed as to parolees from the reformatory. Supervision. The warden retains control over a parolee from the penitentiary.20 The parolee must report by mail once a month during the first year after his release and once every 3 months thereafter. There is no personal supervision of parolees. 21 Parolees from the reformatory remain under the control of the warden. The parole period is ordinarily 1 year, and the parolee is directed to report by mail once each month during that period. Procedure on violation of parole.-If a parolee from the penitentiary violates the terms of his parole, he may be returned to the penitentiary upon the direction of the Governor. The Governor may act independently or he may act upon the request of the board of corrections. He has the sole power of revocation. The written order of the Governor is sufficient authorization for the arrest of a parole violator by any peace officer.22 A parolee from the reformatory may be returned by the warden for any reason which he deems sufficient. Actually, a parolee is seldom returned to either of the institutions unless he becomes involved in new crime and is arrested by a peace officer. Parolees who fail to report are seldom returned, although an effort is made to get in touch with them. Recommitment: Effect on original sentence.—A parole violator from the penitentiary is given no credit for the time 19 Colo. Stat. Ann. (Michie, 1935) ch. 131, § 87. 20 Id. ch. 131, § 71. 21 Id. ch. 48, § 547. 22 Id. ch. 48, §§ 548, 558 (e). |