must notify the warden, and the warden or the parole agent must take charge of the matter at once.29

In some cases the parolee is required to report to the parole office at the prison, and the parole officer visits the parolee when possible. Each parolee is required to send in a report upon arrival at his destination on release. A report blank is sent to him each month; this he must fill in and return promptly.30

Parolees from the men's reformatory and the women's reformatory remain under the control and in the "legal custody" of the board of parole of the institution from which they are released.31

Parolees from the men's reformatory are required to meet the parole officer at a designated time and place, but the parole officer does not regularly call upon the parolee otherwise. Parolees from the men's reformatory are required to send in reports in the same manner as the parolees from the State prison.82

Reports are not required of parolees from the State farm for women, inasmuch as all receive supervision and each parolee is visited by a parole officer once each month or oftener.

Procedure on violation.-The board of parole of each prison and each reformatory is authorized to retake and reimprison any parolee over whom it has jurisdiction for any reason that seems sufficient to the board.83

The request of the board of parole, or of any person authorized by the rules of the board, is sufficient warrant to authorize any officer of that institution or any officer authorized by law to serve criminal process within the State, to return any prisoner on parole into actual custody; and police officers, constables, and sheriffs must arrest and hold any paroled convict when so requested, without any written warrant.34

*Conn. Gen. Stat. (1930) § 6509.

20 Rules of the Parole Board (Conn. State Prison, 1923) No. 5.

"Conn. Gen. Stat. (1930) §§ 1801, 1802, 1936.

"Rules of the Board of Parole (Conn. Reformatory, 1930) No. 5.

*Conn. Gen. Stat. (1930) §§ 1802, 1836, 6510.

Continued failure to make the required monthly reports is deemed sufficient ground for revoking parole at the State prison and the reformatory for men. *Id. § 1802, 1836, 6511.

73115-39-VOL. I-15

Recommitment.-A parolee from the State prison, upon violation, may be retained "for a period equal to the unexpired portion of the term of his sentence at the date of the request or order for his return," less good-time deductions that have not been declared forfeited, or may be again paroled.35

At the men's reformatory a parolee who has been recommitted may be detained in the reformatory for a period equal to the unexpired portion of the term of his sentence on the date of his release on parole or may again be paroled by the baord.36

A similar law applies to inmates of the women's reformatory,37 except that 5 days per month good time are earned on parole prior to the time of declaration of delinquency if parole is violated.

Final discharge.-Any board of parole when satisfied that any prisoner of its institution on parole will continue to lead an orderly life may, by a unanimous vote of all the members present at any regular meeting, declare such parolee discharged from prison.

38

35 Id. (Supp. 1937) § 869d. It should be noted that a parole violator from the State prison is, by statute, given credit toward the reduction of his sentence for the time spent on parole prior to the request for his return, while a parole violator from the reformatory is not given such credit, but upon revocation of parole may be required to serve the unexpired portion of his or her sentence calculated from the time of release on parole.

36 Conn. Gen. Stat. (1930) § 1836. The computation is not altered by the fact that the parolee while on parole commits a crime for which he is sent to the State prison. When he is discharged from the prison he is under the control of the parole board of the reformatory. Glazier v. Reed, 116 Conn. 136, 163 Atl. 766 (1933).

* Conn. Gen. Stat. (1930) § 1802.

38 Conn. Gen. Stat. (1930) §§ 1802, 1836, 6513. At the State prison for men and the reformatory for men there must then be delivered to the person discharged a written certificate to that effect under the seal of the board of parole and signed by its secretary and by the warden (or superintendent).

At the State prison for men applications for final discharge may be considered 1 year from the date of the parole, and if denied may be again considered 6 months thereafter. Rules of the Board of Parole (Conn. State Prison, 1923) No. 7.

The practice is similar at the men's reformatory. See Rules of the Board of Parole (Conn. Reformatory, 1923) No. 8.

At the State farm for women the classification committee recommends to the board of directors the time for a final discharge. A written certificate signed by the superintendent is sent to the parolee with the balance of her savings account.

EXECUTIVE CLEMENCY

Power in board of pardons.-Connecticut, like several other of the original 13 states, developed under royal governors a distrust of executive power, and has never conferred the pardon power upon the Governor alone. The Connecticut constitution gives the Governor merely power to grant reprieves.1 Power to grant pardons is conferred by statute upon a board of pardons consisting of six members, of whom the Governor is only one, without any greater power than any other member of the board. The other members are a judge of the supreme court and four other persons, one of whom must be a physician. Members other than the Governor and the judge of the supreme court are appointed by the Governor, with the advice and consent of the senate. These appointive members serve for 4 years; two are selected each biennium and not more than two may be members of the same political party. The judges of the supreme court select one of their number to serve on the board.

In

Persons eligible.-The jurisdiction of the board originally extended only to granting "commutations of punishment and releases, conditioned or absolute, from the State prison." 1889 the board was given the power to grant commutations from the death penalty. An amendment in 1935 gave the board power "to grant pardons, conditioned or absolute, for any offense against the State at any time after the imposition and before or after the service of any sentence." 6 The power to grant commutations, however, it seems is still limited to inmates of the State prison.

1 Conn. Const. art. IV, § 10.

* Conn. Gen. Stat. (1930) §§ 1997-2004; id. (Supp. 1935) § 787c.

* The original act creating the board was enacted in 1883 and vested the appointment of the four members other than the Governor and the supreme court judge in the legislature. Conn. Laws 1883, ch. 108. The present provision was adopted in 1889. Conn. Laws 1889, ch. 232.

• Conn. Laws 1883, ch. 108.

Conn. Laws 1889, ch. 232. The board originally had power to grant "commutations of punishment;" a fortiori it would seem that it could commute a death penalty.

Conn. Gen. Stat. (Supp. 1935) § 787c. Prior to this amendment it was thought that no pardon could be granted. See Cohen, Is a Pardon Possible Under Connecticut Law? (1931) 5 Conn. Bar J. 148.

Procedure. The statute provides that the board shall hold meetings twice yearly, in May and November. Special sessions may be called when occasion requires. The board may appoint a clerk and may fix the mode of procedure before it and the manner in which its judgment shall be carried into effect.

Unanimous concurrence is required by the statute before the board can act. The board has the same power of compelling the attendance of witnesses as the superior court. It "may institute inquiries by correspondence or otherwise as to the previous history or character of any prisoner," and a person interrogated is required to give the board "such information as he may possess with reference to the habits, disposition, career, and associates of any prisoner." "

The statute does not set forth the procedure to be followed upon recommitment for breach of a conditional pardon.

Effect of pardon.-No judicial decisions interpreting the commutation and pardoning powers have been discovered. But it is clear that a pardon is not effective to restore voting rights, for the statute explicitly provides that no pardon "shall restore the privileges of an elector to any person who shall have forfeited the same by reason of conviction of crime." 10 The legislature alone can restore electoral privileges.11

GOOD-TIME DEDUCTIONS

History.-Good-time deductions in Connecticut have always been handled by the warden and State prison directors. The amount of deduction allowed, however, has varied. One of the earliest laws concerning deductions allowed 3 days a month for each month that a convict appeared to have observed all the rules and regulations and not to have been subjected to punishment. And for each month that a prisoner appeared to have been "positively good" and to have rendered prompt and cheerful obedience to the prison rules,

7 Conn. Gen. Stat. (1930) § 1999; id. (Supp. 1937) § 421d.

" Id. § 2000.

Id. § 2004.

10 Conn. Gen. Stat. (Supp. 1935) § 787c.

1 Conn. Const. Amend. XVII. This necessitates special private legislation. It would seem that a full pardon should restore electoral privileges without need for legislative action.

5 days were allowed to be deducted.1 In 1881 the statute was amended to allow 5 days a month for prompt and cheerful obedience. In that year also it was first provided that previously earned credits would be forfeited for "any serious act of insubordination or persistent refusal to conform to prison regulations." 2 The present schedule of good-time credits dates from 1923.3

By whom administered.-The deduction of good-time credits is handled by the warden and the board of prison directors.

Persons eligible.-Any prisoner sentenced for a term of more than 1 year may earn good-time credits by prompt and cheerful obedience to the prison rules.5

Amount of deduction.-Sixty days may be deducted from each year and pro rata for a part of a year on sentences for more than 1 year and not for more than 5 years. Ninety days may be deducted from the sixth and each subsequent year and pro rata for a part of a year." When any prisoner is held under more than one conviction, the several terms of imprisonment which may be imposed are to be construed as one continuous term for the purpose of estimating the amount of deduction."

Forfeiture. The warden and board of prison directors may in their discretion order the forfeiture of all or any part of the time earned, upon the performance of any serious act of insubordination or persistent refusal to conform to prison rules at any time during confinement.8

1 Conn. Pub. Acts 1862, ch. 24, § 2. Conn. Pub. Acts 1881, ch. 47. Conn. Pub. Acts 1923, ch. 275.

Conn. Gen. Stat. (Supp. 1931) § 783c.

Conn. Gen. Stat. (Supp. 1931) § 783c. Prisoners transferred from State prison to the Connecticut Reformatory are also eligible to the good-time deductions. Ibid. So also are transferees from the reformatory to the prison. Glazier v. Reed, 116 Conn. 140, 163 Atl. 766 (1933). So also are prisoners in the State prison for women. Conn. Gen. Stat. (1930) § 1994.

Conn. Gen. Stat. (Supp. 1031) § 783c. In addition, prisoners are allowed 5 days for each month they are employed on a farm operated in connection with the prison.

Ibid.

Ibid. When a prisoner is transferred from the reformatory to the prison for the unexpired portion of the reformatory term, and he is also subject to a prior prison sentence, the latter term may be added to the unexpired reformatory term for the purpose of determining the period upon which to compute the good-time credits. Glazier v. Reed, 116 Conn. 140, 163 Atl. 766 (1933).

Conn. Gen. Stat. (Supp. 1931) § 783c. As a matter of practice, forfeitures are ordered by the deputy warden.