Forfeitures for breach of institutional rules are determined by the warden after the inmate has been given a hearing before a disciplinary board composed of three members of the prison staff with the deputy warden or the disciplinary officer acting as chairman. The prisoner has the privilege of replying and may choose some member of the staff to represent him as counsel. This board thoroughly investigates the alleged misconduct, hears the prisoner and any witnesses he may wish to present, and the members individually recommend to the warden the extent of discipline. Restoration.-The Attorney General is granted authority to restore credits lost because of misconduct of prisoners in "any United States penitentiary upon recommendations and evidence submitted to him by the warden in charge." 21 As to prisoners confined in State or territorial institutions, restorations are governed by the rules of the particular institution.22 Discharge gratuities.-Upon discharge every Federal prisoner is entitled to transportation to the place of conviction, his bona fide residence within the United States, or to such other place within the United States as the Attorney General may authorize. If the term has been 6 months or more the statute provides that he shall be furnished with suitable clothing and, in the discretion of the Attorney General, not more than $20 in money.23 ALABAMA SUSPENSION OF SENTENCE Suspension of sentence at common law.-Courts in Alabama have no inherent power to suspend sentences. Suspension of either imposition or execution of sentences has been held to be an encroachment on the executive power to pardon commute, and reprieve.1 32 Stat. 397 (1902), 18 U. S. C. § 711 (1934). Inmates of prison camps are governed by this provision also. 45 Stat. 1318 (1929), 18 U. S. C. § 852 (1934); 46 Stat. 392 (1930), 18 U. S. C. § 744h (1934). 22 32 Stat. 397 (1902), 18 U. S. C. § 711 (1934). 244 Stat. 901 (1926), 18 U. S. C. § 746 (1934). Industrial reformatory inmates are entitled to $10 on discharge. 43 Stat. 726 (1925), 18 U. S. C. 840 (1934). 1 Montgomery v. State, 231 Ala. 1, 163, So. 365 (1935); Daley v. Decatur, 18 Ala. App. 141, 90 So. 69 (1921); Vinson v. State, 16 Ala. App. 536, 79 So. 316 (1918). Temporary suspension of execution of sentence was practiced in early times in the absence of statutory power to enable a prisoner to apply for a pardon or to inquire into the sanity or pregnancy of the defendant, but temporary suspension for such causes was the extent of the court's powers. This inherent power was superseded by statute.3 Statutes. Whenever the court imposes additional punishment where a fine has been assessed by the jury, or whenever the court is authorized to impose punishment of imprisonment in the county jail or hard labor for the county, the court may suspend execution of the sentence "until a subsequent term of court and may then order it to be executed or remit the same, or further suspend the execution of the sentence." But the suspension under this statute must be to a definite date, and not an indefinite suspension "pending defendant's good behavior." The statutes also authorize temporary suspension of execution pending appeal,' pending application for a pardon,s pending pregnancy in cases where a woman is sentenced to death, pending a return to sanity of an insane defendant,10 and suspension by allowing a confession of judgment when a fine is assessed,11 and in cases of nonsupport.12 PROBATION Alabama has no general probation law. In 1931, the legislature attempted to vest in the courts power to suspend the imposition or execution of sentences and grant probation in cases where the punishment was fixed at not more than 10 years' imprisonment, including cases when impris 2 Vinson v. State, 16 Ala. App. 536, 79 So. 316 (1918). Ibid. Ala. Code Ann. (Michie, 1928) § 5284. The same power is conferred upon the Jefferson County court of misdemeanors. Ala. Local Acts 1919, p. 121; Barrett v. State, 18 Ala. App. 246, 90 So. 13 (1921). Clark v. State, 20 Ala. App. 472, 102 So. 916 (1925); Snyder v. State, 18 Ala. App. 188, 90 So. 40 (1921); see also Barrett v. State, 18 Ala. App. 246, 90 So. 13 (1921); Montgomery v. State, 231 Ala. 41, 43, 163 So. 377, 379 (1935). • Vinson v. State, 16 Ala. App. 536, 79 So. 316 (1918). Ala. Code Ann. (Michie, 1928), §§ 3241-3245, 3255. 8 Id. § 5321. • Id. §§ 5300-5303. 10 Id. § 4576. 11 Id. § 5288. 12 Id. §§ 4479-4495. onment in the county jail or fine was imposed.1 The period of probation was limited to 5 years. The courts were given power to revoke or modify probation and to appoint probation officers with the usual duties. This statute was declared unconstitutional in 1935 by the Alabama supreme court, as an invasion of the governor's exclusive power to grant commutations and paroles. 3 In nonsupport cases, however, the courts have, since 1919, had the power to suspend sentence and place the offender on probation, or, if sentence of imprisonment is imposed, the prisoner may be released before expiration of his term and placed on probation for the remainder. Suspension of whole or part of the sentence is to be conditioned on the posting of bond for regular report to the court and for performance of the terms of the order to support. The court may call upon the sheriff, constable, or any police or peace officer, or may appoint in a particular case "any other discreet person, willing to serve" as probation officer." This nonsupport statute with its probation provisions was not amended by the 1931 probation statute, nor was it mentioned by the court in holding that statute unconstitutional. PAROLE History. The parole laws of Alabama had their origin in 1897 when the Governor was authorized, in his discretion, to discharge a convict and to suspend a sentence without granting a pardon. He was authorized to "prescribe the terms upon which a convict so paroled shall have a sentence suspended," and to secure the rearrest and reimprisonment 1 Ala. Laws 1931, p. 444, amended Ala. Laws 1932, p. 54; Ala. Code Ann. (Michie, Supp. 1936) §§ 5276 (1)-5276 (5). 2 Ibid. Montgomery v. State, 231 Ala. 1, 41, 163 So. 365, 377 (1935). In 1936 the legislature proposed a constitutional amendment to give trial courts power to grant probation in cases where the punishment does not exceed 5 years' imprisonment. Ala. Laws 1936, Ex. Sess., p. 169. At the same session, the legislature enacted a statute to become effective on the passage of the amendment, creating the office of probation officer in counties of 45,000 population or more. Id. p. 204. The constitutional amendment was rejected at the 1936 general election. Ala. Laws 1919, p. 176, §§ 2 et seq.; Ala. Code Ann. (Michie, 1928) [ 4482, 4486, 4488, 4489, 4490, 4492. Ala. Code Ann. (Michie, 1928) §§ 4482, 4489. of any convict who failed to observe the conditions of his parole. The power to grant parole which was given to the Governor was deemed to be an extension of his general power to pardon. By the constitution of 1901 the Governor was given a constitutional power to grant parole. The constitution also provided for the establishment of a board of pardons to advise the Governor on parole and clemency matters. The next step with respect to parole in Alabama was taken in 1919 by the passage of an act providing for the imposition of indeterminate sentences upon certain persons convicted of felonies and for the parole of such persons by the board of pardons. No significant changes in the parole laws of Alabama have been made since that time. However, an important development in parole administration in Alabama took place in 1935 when the Governor by executive order created a parole bureau to assist him in the granting of parole and in the supervision of parolees. By whom administered.-Under the Alabama Constitution, the Governor has power to grant paroles. The constitution further provides that the Governor must lay before the board of pardons all petitions or recommendations for parole in cases of felony. The board is required to hear the petitions or recommendations in open session and “give their opinion thereon in writing to the Governor."" After receiving the opinion of the board of pardons "on the failure of the board to advise for more than 60 days," the Governor may grant or refuse parole, "as to him seems best for the public interest." In 1935 the Governor created the Alabama Parole Bureau to make an independent study of prisoners confined in the prisons of Alabama, and to recommend those selected as worthy to the Governor for test paroles. The bureau is 1 Ala. Acts 1896-97, No. 345. 2 Fuller v. State, 122 Ala. 32, 26 So. 146 (1898). Ala. Const. art. V, § 124. Ala. Acts 1919, No. 161. • Ibid. ↑ Ibid. composed of three members, a chairman, an associate member and a secretary, who are selected by the Governor. This bureau has only one parole agent to supervise all the State's parolees. No statutory provision has ever been made for the bureau. Traditionally, parole by the Governor in Alabama is regarded as an exercise of executive clemency. This view is expressed in an early case, Fuller v. State, decided in 1898. There it was said that "the parole of a convict is in the nature of a conditional pardon and within the constitutional grant of the pardoning power to the Governor. The power to grant pardon, absolute or conditional, cannot of course, be taken away from the executive, nor limited by legislative action; but the general assembly may enact laws to render its exercise convenient and efficient." " By statute prisoners confined under indeterminate sentence may be paroled by the board of pardons. On expiration of the minimum term of a person imprisoned in the State penitentiary, the warden of the prison is directed to send the prisoner's record to the board of pardons. If, from the record, the board is reasonably satisfied that the prisoner will remain at liberty without violating the law, the board may authorize his release upon parole upon such terms and conditions as it may prescribe.10 However, it is the practice for the Governor to approve each parole granted by the board. A prisoner released in this manner remains "in the legal custody and under the control of the warden of the penitentiary" until the expiration of the maximum time specified in his sentence or until pardoned by the Governor.11 No provision is made for the supervision of parolees released in this way. Persons eligible for parole.-The Governor has authority to parole "whenever he thinks best." 12 122 Ala. 32, 26 So. 148 (1898). Id. at 37, 26 So. 146, 147. 10 Ala. Code Ann. (Michie, Supp. 1936) § 5270. n Ibid. 12 Ala. Code Ann. (Michie, 1928) § 5132. |