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A convict who has been sentenced to an indeterminate term 13 is eligible for parole by the board of pardons upon the expiration of the minimum term of his sentence.1 When a convict is sentenced on two or more convictions, he is eligible for parole at the expiration of the total of his minimum sentences.15 A convict, serving an indeterminate sentence is, of course, eligible for gubernatorial parole as well as parole by the board of pardons.

Method of application for parole.-In all cases in which application is made to the Governor for parole the person making such application must give 2 weeks notice by publication to that effect in a newspaper, if any newspaper is published in the county in which the offender was convicted. If there is no newspaper published in such county, notice must be in writing, posted at the courthouse door of such county, and at three other public places in the county; and in every instance wherein such application is made to the Governor, a copy of the notice and proof of the fact that such publication has been made must accompany the application.16

In misdemeanor cases the Governor, in his discretion, may grant parole either with or without a formal application being made therefor; and either with or without notice of

18 In all felony cases "in which the punishment fixed by statute in the penitentiary, and in which a maximum and a minimum term is prescribed, the court shall pronounce upon the defendant an indeterminate sentence of imprisonment in the penitentiary for a term not less than the minimum and not greater than the maximum fixed by statute for such offense, and the time fixed by the sentence from the end of the minimum to the maximum shall not be less than 6 months." Id. § 5267; id. (Michie, Supp. 1936) § 5268.

The indeterminate sentence act presupposes a period of "probation" or a testing period between the minimum and maximum terms, to be fixed in each case by the trial judge. Bailey v. State, 23 Ala. App. 369, 125 So. 693 (1930). The minimum sentence imposed, however, need not be the exact minimum set by the statute fixing the penalty for the crime of which an offender is convicted, and the maximum set by the statute in fixing such penalty. Rogers v. State, 17 Ala. App. 175, 83 So. 359 (1919).

The code provides for good conduct deductions which may be granted by the Governor "for each year of good conduct" of a prisoner. It is not clear from the statutes whether these deductions apply to the minimum term of a convict as well as to the maximum term. See Ala. Code Ann. (Michie, 1928) § 5131; infra Executive Clemency, p. 46.

14 Ala. Code Ann. (Michie, Supp. 1936) § 5270.

15 Rep. Att'y Gen. (Ala. 1922-24) 80; id. (1918-20) 273.

16 Ala. Code Ann. (Michie, 1928) § 5128. Though this section applies specifically to an application for a pardon, the procedure here outlined is also followed in making an application for parole.

intention to apply for parole being given as is now provided by the law.17

The board of pardons is authorized to "establish rules in the matter of paroles and the granting and revocation thereof" consistent with the act providing for indeterminate sentences and the parole of indeterminate sentence prisoners by the board.18

Under the special rules made by the board with regard to temporary parole, application for temporary or shortterm parole must be made to the Governor.19 Although the rules of the board state that "no temporary paroles will be granted except in cases of extreme emergency and then only as a reward for good behavior," 20 temporary or short-term paroles at the present time constitute by far the greater proportion of paroles granted in Alabama.

Hearing. Since the establishment of the parole bureau, that body has attempted to investigate parole applications and to make recommendations to the Governor. Only the bureau members are present for final study and decision in a case.

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By law, responsibility for investigation of parole applications and recommendations to the Governor for or against parole in felony cases rests with the board of pardons. Hearings on parole applications are to be held in open session.22 By statute, it is provided that the board must carefully examine, and investigate any application for parole referred to it, "and report in writing, within 60 days from the time the same is referred to them, to the Governor, their finding as to the merits of such application and the grounds thereof and in such report they shall approve or disapprove such application, or make such recommendation as to the same as may seem to them advisable.” 23 After the board's recommendation, or on the failure of the board to advise after 60 days, the Governor, who is not bound by the board's recommendation in any case, may grant or re

17 Ala. Code Ann. (Michie, Supp. 1936) § 5133 (1).

18 Id. (Michie, 1938) § 5275.

10 Rules of the Board of Pardons (Ala. 1931), No. 7.

20 Ibid. "Temporary paroles will not be granted on account of the financial disability of the prisoner's family or to make or gather crops."

21 Ala. Const. art V, § 124.

Ibid; Ala. Code Ann. (Michie, 1928) § 2779. 23 Ala. Code Ann. (Michie, 1928) § 2779.

fuse the parole.24 Ordinarily an applicant does not appear personally before the board.

The "board may call upon any judge, or solicitor, or other public officer of the State for any information or recommendation which may seem to them necessary or advisable in their consideration of any application so referred to them, and the person so called on shall furnish the same forthwith." 25 The Governor is directed to have entered in a special record book his reasons for his action in connection with the granting or refusal of a parole, and he must preserve on file all of the documents upon which he based his determination.20 He must make a report to the legislature at each session concerning each of the paroles which have been granted by him.27

No provision is made by statute for a hearing or for personal examination of a prisoner prior to release by the board of pardons under the provisions of the indeterminate sentence laws. The warden of each prison is required by law to cause to be kept a full and accurate record of each prisoner there confined under an indeterminate sentence. This record must include "a biographical sketch covering such items as may indicate the causes of the criminal character or conduct of the prisoner, and also a record of the demeanor, education, and labor of the prisoner while confined in such prison." 28 Whenever a prisoner is transferred from one prison to another a copy of his record or an abstract of it is transferred with him.29

Upon expiration of a prisoner's minimum term, the warden sends this record to the board of pardons. If, "from such record, the board of pardons is of the opinion that such person will remain at liberty without violating the law, then said board of pardons shall authorize the release of such person upon parole.3°

The board of pardons holds regular monthly meetings for the submission and hearing of applications on the second

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Tuesday of each month. No final action in any case is taken on this day. According to the printed rules of the board, however, all applications are supposed to be finally cted upon within 2 weeks after submission "unless continued at the request of a party interested," but no case is to be continued for more than 60 days after submission.81 It is not the policy of the board to grant special meetings on parole cases except in extraordinary emergencies.

Conditions for parole.—In granting parole the Governor may prescribe the terms of release.32

The board of pardons is authorized to fix the conditions upon which its paroles may be granted and revoked.

Upon release from prison a parolee is entitled to receive a "decent suit of clothes and money sufficient to enable him to reach his destination, not exceeding $10." If the parolee is sick at his parole date, he must not be discharged except at his own request.33 In addition to.clothes and transportation expenses, a parolee must be allowed $10 in cash if his term does not exceed 5 years, and if his term does exceed 5 years, he must be allowed $10 plus a sum in cash at the rate of $2 per year for each additional year or fractional part of a year of not less than 6 months which he has served. However, where parole or pardon is granted to a person who has already been granted a parole conditioned upon payment of court costs or a temporary parole and who is not in the penitentiary, "no clothes shall be furnished him nor money paid to him." 35

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Acceptance. The convict may accept or reject parole by the Governor with the conditions on which it is offered to

1 Rules of the Board of Pardons (Ala. 1931) "5. No. application for parole or pardon will be reconsidered within 6 months after recommendation on same by the board of pardons, and then only after the application has been readvertised and proper proof furnished." Ibid.

"Ala. Code Ann. (Michie, 1928) § 5132. It is provided that in misdemeanor cases "the Governor, in his discretion, may grant a pardon or parole with or without the payment of the court costs in the case and either with or without a formal application being made therefor; and either with or without notice of intention to apply for pardon or parole being given as is now provided by law." Also "in all misdemeanor cases where parole has heretofore been granted conditioned upon the payment of court costs, or where temporary parole has been granted, the Governor may, in his discretion, give a pardon or permanent parole either with or without the payment of the court costs." Id. (Michie, Supp. 1936) § 5133 (1).

Id. (Michie, 1928) § 3650.

34 Id. § 3651.

25 Id. (Michie, Supp. 1936) § 5133 (1).

fuse the parole.24 Ordinarily an applicant does not appear personally before the board.

The "board may call upon any judge, or solicitor, or other public officer of the State for any information or recommendation which may seem to them necessary or advisable in their consideration of any application so referred to them, and the person so called on shall furnish the same forthwith." 25 The Governor is directed to have entered in a special record book his reasons for his action in connection with the granting or refusal of a parole, and he must preserve on file all of the documents upon which he based his determination.20 He must make a report to the legislature at each session concerning each of the paroles which have been granted by him.27

No provision is made by statute for a hearing or for personal examination of a prisoner prior to release by the board of pardons under the provisions of the indeterminate sentence laws. The warden of each prison is required by law to cause to be kept a full and accurate record of each prisoner there confined under an indeterminate sentence. This record must include "a biographical sketch covering such items as may indicate the causes of the criminal character or conduct of the prisoner, and also a record of the demeanor, education, and labor of the prisoner while confined in such prison." 28 Whenever a prisoner is transferred from one prison to another a copy of his record or an abstract of it is transferred with him.29

Upon expiration of a prisoner's minimum term, the warden sends this record to the board of pardons. If, "from such record, the board of pardons is of the opinion that such person will remain at liberty without violating the law, then said board of pardons shall authorize the release of such person upon parole.30

The board of pardons holds regular monthly meetings for the submission and hearing of applications on the second

24 Ibid.

25 Id. § 2780.

20 Id. § 5127.

27 Ala. Const. art. V. § 124.

23 Ala. Code Ann. (Michie, 1928) § 5269.

29 Ibid.

30 Ala. Code Ann. (Michie, Supp. 1936) § 5270.

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