If probationer avoids arrest after violation of conditions, his probation may be revoked and he may be ordered to serve the term even after expiration of the period of sentence.55 The statute allowing time off for good behavior on chain gang sentences 56 for misdemeanors does not entitle the offender to a reduction of a chain gang term which is being served as part of sentence the remainder of which is to be served on probation 57 or of a term being served after revocation of probation.58 Probation officers: Appointment and qualifications.—The general statute provides that the grand jury of counties having a population of between 75,000 and 100,000 may recommend to the superior court judge that he appoint a county probation officer and such assistants as are deemed necessary, to serve at the court's pleasure, salary to be fixed by the court and paid by the county treasury, and the court may require bond. No qualifications are specified except that police officers may not be appointed. Assistants may be of either sex.59 If such county has a constitutional city court, then the recommendation is made to and appointment is by that court.co 60 In counties having a population of between 70,000 and 74,000, bailiffs of the several courts serve as probation officers without extra compensatiotn."1 In counties having no probation officer the court is to secure the written consent of some responsible person of either sex to serve as volunteer probation officer in each case.62 Probation officers: Powers and duties.-In the exercise of their duties probation officers have the powers of police officers. In case a probationer fails to meet the requirements of his probation, the officer may bring him before the court Slagle v. State, 35 Ga. App. 190, 132 S. E. 242 (1926). "Ga. Code (1933) § 77–210. McConnell v. Floyd County, 164 Ga. 177, 137 S. E. 919 (1927). "Green v. Adams, 170 Ga. 632, 153 S. E. 762 (1930). "Ga. Code (1933) § 27-2703, as amended Ga. Laws 1937, p. 485. Ibid. 61 Ga. Laws 1931, p. 154. Ga. Code (1933) § 27-2703. es Ibid. 64 without a warrant. Probation officers have no power outside the State." 65 The duties of volunteer probation officers are to aid the probationer in abiding by the terms of his probation and to report to the court when such conditions are not faithfully observed." The duties of the county probation officer are to investigate the history, previous conduct and other facts about persons brought before the court to show the propriety of probation; to keep complete records of cases investigated, including identifications, findings and actions of the courts in cases, and subsequent history of probationers; to supervise probationers, instruct them in their duties, enforce the conditions and to keep accounts showing receipts and disbursements under probation orders."7 PAROLE History.-Previous to 1908 there was no parole law in Georgia. The State constitution gave the Governor power to "grant reprieves and pardons, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State." 1 In 1897 provision was made for the creation of a prison commission elected by the people. This commission was given charge of penal institutions and was obliged to make investigation and recommendation to the Governor concerning all applications for executive clemency. In 1903 the commission was directed to supervise all convicts and provide rules for their management, discipline, and control. To that end the commission was authorized to appoint such officers as were necessary." Id. 27-2705. 65 See concurring opinion, Roberts v. Lowry, 160 Ga. 494, 497, 128 S. E. 746 (1925). 6 Ga. Code (1933) § 27-2703. 07 Id. 27-2704. 1 Ga. Const. art. V, § 1 par. XII. As early as 1887 statutory provision was made for commutation for good behavior. Ga. Laws 1887, p. 38; see also Ga. Code (1933) § 77-341. Ga. Laws 1897, p. 71; id. 1899, p. 67, now Ga. Code (1933) § 77–301. Ga. Laws 1897, pp. 70 et seq., now Ga. Code (1933) §§ 77-501, 77-301 et seq. Ga. Laws 1903, p. 65, now Ga. Code (1933) § 77–313. In 1908 the prison commission was empowered, with the approval of the Governor, to grant paroles and make the rules according to which paroles would be granted." In 1937 the Governor and the chairman of the highway commission were made ex officio members of the prison commission, but this provision was later repealed. An indeterminate sentence law was adopted in 1919 and the classification of prisoners was provided for in 1931.10 The parole laws were revised to their present form in 1938 when the prison commission was changed to the prison and parole commission.11 By whom administered.—The administration of the parole laws is in the hands of the State prison and parole commission of three members to be appointed for 6 years by the Governor with consent of the senate.12 They are authorized to select a secretary and such officers as are necessary to carry on the work of the commission.13 The prison and parole commission has full power to grant parole and establish rules under which prisoners may be allowed to go on parole.1 The commission is directed to Ga. Laws 1908, pp. 1115-1118. Ga. Laws 1937, pp. 483-484, § 1. Ga. Laws 1919, p. 387. 10 Ga. Laws Extra Sess. 1931, pp. 118, 122. 11 Ga. Laws Extra Sess. 1938, S. B. 49, § 1. 13 Ga. Laws Extra Sess. 1938, S. B. 49, § 2. The members of the old prison commission are to serve for 6 years from the passage of the act. The salary of these commissioners was originally $2,000 per year, but was increased in 1919 to $3,500 per year. They now receive $5,000 per year. Ga. Laws 1919, p. 105. No member of the general assembly is eligible for any office created by the act or to any subordinate position until his term of office as a member has expired. Id. § 3. 18 Ga. Laws Extra Sess. 1938, S. B. 49, § 6. The commission may employ such supervisors and office employees as it deems necessary, among them being secretary, clerk, and a treasurer. All serve at the pleasure of the commission. The treasurer must give a bond in a sum of not less than $10,000. Ibid. The secretary receives a salary of $2,500 per year. Ga. Code (1933) § 77–305. The other officers referred to cannot receive more than $100 per month. Id. § 77-306. 14 Ga. Code (1933) § 77–504, as amended Ga. Laws Extra Sess. 1938, S. B. 79, § 2. Where a prisoner sought to be discharged or released on parole after serving his minimum sentence, the court denied a writ of habeas corpus on the ground that the prison commission had not yet adopted rules as provided in the statute. Russell, C. J., dissented, stating that the commission would have control of the prisoner on parole and that society would thereby be protected. Beddingfield v. Solomon, 156 Ga. 799, 120 S. E. 111 (1928). investigate and make recommendations to the Governor concerning petitions for conditional pardons and to make rules regarding them.15 Persons eligible for parole.--Under the new law prisoners are eligible for parole at any time." The old prison commission was required to classify prisoners into appropriate grades.17 Rules adopted by the com 15 Ga. Laws Extra Sess. 1938, S. B. 49, § 4. 16 Ga. Laws Extra Sess. 1938, S. B. 49, § 4, S. B. 79, § 2. Prior to the enactment of this law, except in the case of prisoners serving life sentences, a prisoner became eligible for parole when his minimum sentence had been served. Ga. Code (1933) § 77-503. Prisoners sentenced for life for offenses other than treason, rape, or assault with intent to commit rape could be paroled after serving 3 years. The jury in their verdict on the trial of all cases of felony not punishable by life imprisonment must prescribe a minimum and maximum term, which must be within the minimum and maximum fixed by law as punishment for the crime; the judge, in imposing sentence, must commit the convicted person to the penitentiary in accordance with the verdict of the jury. Ga. Code (1933) § 27-2502. Coa v. State, 33 Ga. App. 144, 125 S. E. 731 (1924) (the verdict, not the indictment, determines the sentence under this statute). Morris v. Clark, 156 Ga. 489, 119 S. E. 303 (1923) (this statute does not permit the Judges, on a plea of guilty, to fix a sentence different from that prescribed by a particular code section); Thompson v. State, 160 Ga. 520, 128 S. E. 756 (1925) (a charge depriving the jury of the right and duty devolving upon them by this section is erroneous). See also Butt v. State, 150 Ga. 302, 103 S. E. 460 (1920); Lewis v. State, 25 Ga. App. 7, 102 S. E. 367 (1920); Beddingfield v. Solomon, 156 Ga. 799, 120 S. E. 111 (1923). "In all cases where the term of punishment in the penitentiary is discretionary, and the defendant pleads guilty, the court shall have the right to prescribe such minimum and maximum terms as he may see fit." Ga. Code (1933) § 27-2503. 17 Classification of prisoners.-"The prison commission shall be required to classify the prisoners at the State farms near Milledgeville and in Tatnall County, according to physical condition, conduct, and demeanor and the degree of crime, and to make rules, if not already in existence, governing the transfer from one class to another of such prisoners, such classes to be designated by grades. The prisoners convicted for heinous crimes, and those who appear to be incorrigible, and those whose conduct is subversive of discipline and the morale of the prison camps shall be segregated and kept apart, both during working hours and in the hours of rest, from the other prisoners not so classified; with the provision, however, that when the conduct of any prisoner put in the segregated class for the above reasons shall justify his transfer, he shall be promoted and transferred to the group of prisoners not under the ban herein provided for." Ga. Code (1933) § 77-318. This is perhaps now a function of the board of penal administration. Ga. Laws Extra Sess. 1938, S. B. 52, 13. System of grades of behavior.-"There shall be established by the prison commission, or other proper authorities, a system of grades of behavior for said convicts. The different grades of behavior shall be plainly distinguished by dress, or emblem thereon, so that each convict and all persons coming in contact with any convicts may at once be able to determine to which grade of behavior said convict belongs." Ga. Code (1933) § 77-507. The commission is assisted in this classification by reports submitted by the clerks of the superior courts. Ga. Code (1933) §§ 27-2523, 77–339. mission provide that eligibility for parole depends upon such classification.18 Method of application for parole.-In pursuance of the statutory provision 19 the prison commission and the Governor promulgated rules for making application for pardons, commutations, paroles, and respites.20 The new prison. 18 Parole rules under the indeterminate sentence law. "In paroling persons convicted and sentenced to the penitentiary of Georgia for an indeterminate term as provided by the Acts of 1919, the following rules shall be observed: "1. Upon receipt of the convict he shall be placed in one of three grades. Grade A shall include those who have not previously been convicted of crime and where no facts are certified by the court showing special viciousness of character. Grade B shall include those who are recidivists, but who were not convicted of a crime of the same character; and those who have escaped from any place of confinement after conviction and have been recaptured; and who while serving in grade A have violated any of the criminal statutes of Georgia. Grade C shall include (a) recidivists who have been convicted of crimes of the same character or gravity; (b) those who after having been paroled shall violate laws of Georgia or the rules of the commission and be returned to service therefor; (c) those who at the time of commencing service are under sentence in two or more felcny cases. A grade C prisoner serving under two or more indeterminate felony sentences shall in no case be eligible for parole until he has completed the first sentence and the minimum terms of the other sentences, whether being served concurrently or not. "2. All grade A convicts who maintain their grade during the period of the minimum term of their sentence will be eligible for parole. "3. All grade B convicts, or convicts who have been placed in class B on account of escaping or commission of other crime while serving in grade A, must serve 1 year with good conduct in grade B when they will be advanced to grade A, and will be eligible for parole when they maintain their standing in grade A during a period equal to the minimum term of their sentence. "4. All grade C convicts must serve 1 year in this grade with good conduct, when they will be advanced to grade B, and must serve at least 1 year in grade B with good conduct when they will be advanced to grade A for a period equal to the minimum term of their sentence. "5. All persons eligible for parole will be paroled by the commission under the same condition now in force, subject to rearrest and return to the penitentiary as now provided by law and rules, but no parole will be granted in any case when in the opinion of the prison commission, from an investigation into the history of the convict, his conduct in the penitentiary and the nature of his crime, his release will not be compatible with the public welfare." 19 "The prison commission, with the approval of the Governor, shall have full power to fix and prescribe the rules and regulations under which applications for parole or conditional pardon shall be made and heard." Ga. Code (1933) § 77-504. 20 Applications must be filed with the prison commission and considered by it before they are brought to the attention of the Governor. All pertinent facts concerning the case must be submitted in writing. In every case affidavits as to the character of the applicant previous to conviction and his conduct afterwards must be submitted. There must be publication of intention to file an application in the county in which the crime was committed at least 30 days before consideration by the commission. The fact of publication must be certified. Requests of trial jurors for modification of their verdicts will be given weight only when made under oath. Expressions of opinion as to the merits of an application should be obtained from the judge and prosecutor who tried the case. When an application is denied the case cannot be reopened until 1 year has intervened unless new facts come to light. The 73115-39-VOL, I-19 |