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Conditions for parole.-Before an offender is released on parole he must agree to the conditions of his parole 1 and an adviser is secured for him. An effort is made to arrange suitable employment for him. Also upon release he is given the usual gratuities which are allowed to Federal offenders upon discharge from an institution.15

14 The general conditions imposed are:

1. That I will report immediately to my parole advisor, and then immediately report to the supervisor of parole, Department of Justice, Washington, the probation officer and the approval of the United States Board of Parole before doing so.

Advisor_-_
Officer.

2. That I will remain within the limits fixed in the certificate of parole. If I have good cause to leave these limits I will obtain written permission from the probation officer and the approval of the United States Board of Parole before doing so.

3. That I will, between the first and third days of each month, until my final release, and also on the final day of my parole, make a full and truthful written report to the supervisor of parole, Department of Justice, Washington, D. C., upon the form provided for that purpose, and that I will submit each such report to my parole advisor for certification and mail or deliver the same to the United States probation officer.

4. That I will not drink intoxicating liquors, use narcotic drugs, or frequent places where either is sold, dispensed, or used unlawfully.

5. That I will not associate with persons of bad reputation.

6. That I will in all respects conduct myself honorably, work diligently at lawful occupation, and support my dependents, if any, to the best of my ability.

7. That I will promptly and truthfully answer all inquiries directed to me by the U. S. Board of Parole, by my parole advisor, or by the Federal probation officer.

8. That I will live and remain at liberty without violating the law.

9. If at any time it becomes necessary to communicate with my parole advisor or probation officer for any purpose and they are not accessible, I will direct my communication to the supervisor of parole, Department of Justice, Washington, D. C.

10. I agree to live and work at the places stated in my parole plan and will not change until after I have permission to do so from my probation officer. In emergencies I will notify my probation officer at once.

To all of which conditions I do solemnly promise and agree.

In addition, the parole board may and does impose special conditions in individual cases.

15 36 Stat. 820 (1910), 18 U. S. C. § 721 (1934). On discharge from any prison of any person convicted under the laws of the United States on indictment, he shall be furnished with transportation to the place of conviction or place of bona fide residence within the United States at the time of his commitment under sentence of the court, or to such place within the United States as may be authorized by the Attorney General; and if the term of his imprisonment shall have been 6 months or more he shall also be furnished with such suitable clothing as may be authorized by the Attorney General, and in the discretion of the Attorney General, an amount of money not to exceed $20. 44 Stat. 901 (1926), 18 U. S. C. § 746 (1934). At the time the parole act was passed the gratuities allowed to Federal prisoners were not the same as they are now. 26 Stat. 840 (1891). That fact explains the seeming inconsistency between the two code sections cited in this footnote.

Supervision: Extent.-Each person released on parole is required to file with the parole executive an arrival report and subsequent written reports at intervals of not more than 1 month. In some cases the parolee is required to report every few days, while in other cases he is required to report monthly. Each report must be countersigned by the parolee's adviser. Each parolee is under the supervision of a probation officer.16 In some cases, the officer makes frequent visits to the parolee. In other cases, where the parolee has a strong adviser and his case is not a hazardous one, the probation officers may visit him infrequently.17

Supervision: Use of advisers.-Each parolee has an adviser. In many cases the person chosen is the person suggested by the parolee himself. In other cases the parole executive finds it necessary to select some other person.

1 The duties of a Federal probation officer are summarized in the following statement of the acting supervisor of probation:

"The United States probation officer is responsible for probation service to the court. He is also the field representative of the Attorney General in maintaining parole service.

"For the court the probation officer makes presentence social investigations, including medical and psychiatric, when indicated, with report to the court. Diagnosis and prognosis based on such studies forms the basis for selection for probation treatment. The probation officer is responsible for planning and carrying into effect treatment in accordance with recognized social case work methods. He is also charged with maintaining contact and keeping the court informed regarding the progress of probationers.

"It is his responsibility to give special attention to all juveniles coming into Federal custody, arranging treatment in conformity with the Department of Justice policy.

"In connection with parole, the probation officer has varied functions. He sends a copy of the presentence report to the executive in charge of the penitentiary, reformatory, or camp where sentence is to be served immediately following pronouncement of sentence. He keeps in touch with the family of the prisoner, bringing to bear on the situation such community forces as may be needed to maintain or improve its standards. He aids the prisoner and parole officer in planning parole. He answers all questions of the family and friends about parole. He aids in the adjustment of the parolee upon release, continuing to utilize appropriate social agency services, being mindful also of the paramount importance of the protection of the public interest. The custodial aspect of parole is respected through the medium of contact throughout the period of parole. In the event of loss of contact, violation of conditions of parole or commission of a new criminal offense, the probation officer makes a prompt presentation of the fact to the U. S. Board of Parole in accordance with specific instructions."

17 The Federal Government in the establishment and development of its probation system has made two noteworthy accomplishments. Owing to the fact that the system of Federal probation, the management of the penal institutions and the supervision of all paroled Federal prisoners come under one bureau, it has been possible to arrange for a continuity of treatment of a given individual.

In every case, an attempt is made to secure as adviser the person in the community in which the parolee will live who will be most able to direct him toward rehabilitation through the normal community agencies of social control.

Supervision: Procedure on violation of parole.-The Board of Parole, or any one of its members, has the exclusive authority to issue a warrant for the arrest of a parole violator.18 Such a warrant may be issued at any time prior to the expiration of the sentence of the parolee if the Board or any member thereof has reliable information that the offender has violated his parole.19 The warrant may be executed by any officer of the prison from which the parolee was released or by any Federal officer authorized to serve criminal process within the United States, and the officer who executes the warrant has power to return the parolle to prison.20 At the next meeting of the Board at the prison after the issuance of the warrant, the parolee, if he has been returned to prison, will be given an opportunity to appear before the Board "and the said Board may then or at any time in its discretion revoke the order and terminate such parole or modify the terms and conditions theerof." 21 If a parolee violates the conditions of his parole a warrant for his arrest must be issued prior to the original expiration date of his sentence. However, if he eludes arrest or if for some other reason he cannot be returned to the institution from which he was paroled until after that date, his parole may, nevertheless, be revoked after his return. If a warrant for the arrest of a parole violator is issued during the term of his sentence, and if because of the imprisonment of the parolee under a new sentence his arrest and return to the institution from which

18 46 Stat. 272 (1930), 18 U. S. C. § 723c (1934).

19 18 U. S. C. § 717 (1934).

20 36 Stat. 820 (1910), 18 U. S. C. § 718 (1934).

118 U. S. C. § 719 (1934). Apparently the right to appear before the Board exists only when the parolee is present in the prison at the time of the meeting of the Board. See Harrell v. Aderhold, 73 F. (2d) 189, 190 (C. C. A. 5th, 1934). It has been held that a hearing before one member of the Board is valid if acquiesced in through failure to object, U. S. ex rel. Rowe v. Nichol. son, 78 F. (2d) 468 (C. C. A. 4th, 1935), cert. den., 296 U. S. 573 (1935); or if the right to a hearing before a quorum is waived, Harrell v. Aderhold, 73 F. (2d) 189 (C. C. A. 5th, 1934). A parolee must be arrested prior to revocation of his parole. Ferris v. Cox (N. D. Ga., Atlanta, August 1937).

he was released is not had until after the date on which his original sentence would ordinarily have expired, his parole can then be revoked and he can be reimprisoned. The violation of parole interrupts the running of a sentence in the manner of an escape.22

Recommitment: Effect on further parole.—A Federal parole violator may be reparoled at any time by the Parole Board.

Recommitment: Effect on original sentence.-When parole is revoked "the said prisoner shall serve the remainder of the sentence originally imposed; and the time the prisoner was out on parole shall not be taken into account to diminish the time for which he was sentenced." 28 "The unexpired term of imprisonment of any such prisoner shall begin to from the date he is returned to the institu

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Final discharge.-Upon the expiration of a parolee's term of sentence, the parole executive sends him a letter stating that he has apparently completed his parole period satisfactorily. No formal certificate of discharge is issued to him.

Parole of Federal prisoners in State reformatory institutions. If a Federal prisoner is confined in a State reformatory institution, "if such State has laws for the parole of prisoners committed to such institutions by the courts of that State, such person convicted of any offense against the United States shall be eligible to parole on the same. terms and conditions and by the same authority and subject to recommittal for violation of such parole in the same manner, as persons committed to such institutions by the

Anderson v. Corrall, 263 U. S. 193 (1923); Platek v. Aderhold, 73 F. (2d) 173 (C. C. A. 5th, 1934); Stockton v. Massey, 34 F. (2d) 96 (C. C. A. 4th, 1929), cert. den., 281 U. S. 273 (1930); cf. Biddle v. Asher, 295 F. 670 (C. C. A. 8th, 1924). Parole cannot be revoked merely because prior to the granting of the parole the parolee had committed acts which, if they had been known to the Board at the time, would have prevented the granting of parole. Ex parte Urbanowicz, 24 F. (2d) 574 (D. C. Kan., 1928).

18 U. S. C. § 719 (1934); Anderson v. Corrall, 263 U. S. 193, 44 Supp. Ct. 43 (1923).

2446 Stat. 272 (1930), 18 U. S. C. § 723c (1934). In actual administration the unexpired term of imprisonment begins to run from the date the violator is taken into custody on the Parole Board's warrant. This procedure is based upon 18 U. S. C. § 709a.

courts of said State, and the laws of said State relating to the parole of prisoners and the supervision thereof in such institutions are hereby adopted and made to apply to persons committed to such institutions for offenses against the United States. * * When a prisoner is committed to

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such institution outside of the State where he lives he may be permitted by his parole to return to his home, and in such case the supervision of such prisoner on parole shall devolve upon the marshal of the district where said prisoner lives, and in case such prisoner should violate his parole, a warrant for his recommitment shall be delivered to and executed by said marshal." 25 The parole of any Federal prisoner in a State institution must be approved by the Federal Board of Parole before it becomes effective.26

Persons released by good-conduct deductions under parole supervision. If an offender is denied parole from a Federai institution, or if he waives his right to apply for parole, and if he is later released prior to the expiration of his sentence because of good-conduct deductions, he "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." 27 He is supervised in the same manner in which parolees are supervised, and his conditional release may be revoked if he violates the parole rules.

EXECUTIVE CLEMENCY

Power in President.-The power of pardon is vested in the President by the Constitution, which provides that he "shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment." 1 In addition, Congress has provided that where "any person is sentenced to two kinds of punishment, the one pecuniary and the other corporal, the President

25 36 Stat. 821 (1910), 18 U. S. C. § 722 (1934). Juveniles who are paroled from institutions not located in State of legal residence of the juvenile are now supervised by the Federal probation officers in accordance with regular parole procedure.

26 46 Stat. 272 (1930), 18 U. S. C. § 723b (1934). 2747 Stat. 281 (1932), 18 U. S. C. § 716b (1934). 1 U. S. Const. art. II, § 2, cl. 1.

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