3

ever, did not create any distinction between the administration of pardon and parole; authority was vested in the Governor to direct the application of both. The only important distinction was that a pardon was not revocable, while a parole might be canceled if the recipient proved unworthy and incapable of reform. The 1914 law withheld parole until a prisoner had completed 1 year of his term.* It adopted a system of supervision over the parolee through the device of requiring him to notify the sheriff of the parish in which he took up residence after discharge from the penitentiary on parole; and thereafter the sheriff was required to make whatever reports found necessary and advisable by the board of control. The law further authorized the extension of assistance to parolees by the State by furnishing them with a suit of clothes and a small sum of money upon release from the institution."

The year 1916 witnessed further developments in the correctional treatment of convicted offenders. The legislature enacted an indeterminate sentence law and a correlated parole procedure. By the new parole law a board of parole of three members was created, in which was lodged the power to determine when and under what circumstances a prisoner should be paroled." Parole was made available, however, only to prisoners upon whom indeterminate sentences had been imposed. The indeterminate sentence law enacted on the same date excluded certain types of offenders, who as a result were not privileged to be considered for parole.9

A companion measure directed that, 6 months after its passage, the newly created board of parole investigate the conduct of all prisoners who had been sentenced prior to

See Note (1914–15) 5 J. Crim. L. 603.

4 La. Acts 1914, No. 149, § 3.

Id. § 8.

• Id. § 9.

7 La. Acts 1916, No. 125, § 1.

8 Ibid.

Prisoners sentenced to life terms, persons convicted of offenses where the maximum penalty did not exceed year, and "persons convicted of treason, arson, rape, attempt to commit rape, crimes against nature, bank and homestead official misusing funds of the depositors, notary publics who are defaulters, train wreckers, kidnapers and dynamiters." La. Acts 1916, No. 123. This provision is still in effect.

July 5, 1916. The excluded class referred to in the indeterminate sentence law was excepted. The board of parole was authorized "to confer * the benefit of an indeter

minate sentence" on the eligible class of prisoners sentenced prior to that date by means of parole, where in the opinion of the board such sentence was merited.10 By the new parole act, a departure was made from the older law in the method of supervision of parolees. The board was directed to appoint, with the approval of the Governor, a parole officer for each congressional district of the State, who should serve without compensation.11 The board was directed to adopt a uniform system of marking prisoners, the purpose of which was to afford the board a more complete conduct record to be used as a guide and condition of release of prisoners on parole. 12 Each prisoner serving an indeterminate sentence might make application in writing for parole a month prior to the expiration of the minimum term of his sentence.13 Investigation of the prison conduct of the applicant was required, and if the board were dissatisfied with the applicant's record, it might in its discretion, after the expiration of a 6-month period, reinvestigate. A life-term prisoner became eligible after having served one-third of the actual time he would have served if classed as eligible for reduction of sentence under the laws of the State, and when such parole met with the joint approval of the board of pardons.15

14

An alteration was made in the parole procedure in 1918, when the general assembly changed the law to allow the board of parole "to grant a parole *

oner

* who has completed

to any prishis service of

as much as one-fourth of the minimum term of his sentence, but not less than 1 calendar year of the term for which he was sentenced, and who has by particularly meritorious

10 La. Acts 1916, No. 124.

"La. Acts 1916, No. 125, § 2.

12 Ibid.

La. Acts 1916, No. 125, § 3.

14 Id. § 4.

Id. 6. This has been estimated at a maximum of 15 years and a minimum of 10 years and 6 months. Report Louisiana State Board of Parole, "Commutation of Sentence Law" (May 1936).

service and highly exemplary conduct earned

ad

ditional or double commutation of time for diminution or reduction of sentence

*99 16

By another law of the same session, the board was given power to compel the attendance of witnesses at any hearing on a question of parole violation.17

To facilitate the disposition of paroles, the legislature in 1924 passed an act requiring all Louisiana courts of competent jurisdiction to establish judicially the age of each person sentenced to serve terms in the State penitentiary and to insert a statement of the same in the commitment papers.18 This requirement remains in effect today.

By whom administered.—The present law vests administration of the parole system of the State in a board of three members, who are appointed by the Governor.19 The board members receive as compensation $10 per day for each day they actually attend sessions of the board, held at the State capital.20

A parole officer appointed by the board is provided for by the law which fixes a salary of $3,600 per annum for that office.21

There are no field agents in the State. The parole officer is charged with the supervision of all parolees and the investigation of any charges of misconduct against them.22 During the quadrennial period ending May 1, 1936, this parole officer supervised 341 parolees, scattered all over the State, and some in other jurisdictions.23

The board also has a full-time secretary, whose duty it is to prepare the record of each applicant for parole, to notify the applicant as to the disposition of his application, and to receive and check the monthly reports of those on parole. He receives a salary of $2,700 per year.

10 La. Acts 1918, No. 24.

17 Id. No. 32.

18 "Provided, the failure to comply with the provisions of this act shall in no wise invalidate any of the proceedings, conviction, or sentence in any case." La. Acts 1924, No. 168.

19 La. Crim. Stat. Ann. (Dart, 1932) § 725.

20 Ibid. Mileage to and from such meetings is allowed.

21 Id. § 726.

La. Crim. Stat. Ann. (Dart, 1932) § 726.

23 Report of the Louisiana Board of Parole (1936) p. 23.

The Louisiana Training Institute for Boys and the State Industrial School for Girls have separate boards of control and are not connected in any manner with the prison system. Persons eligible for parole.-Except for life-termers whose sentences have been commuted to a definite term, only prisoners serving indeterminate sentences may be paroled.24 These may not make application before 1 month prior to expiration of the minimum terms of their sentences.25 Inasmuch as parole and the indeterminate sentence go hand in hand in this State, the requirements of the indeterminate sentence law are important. It provides that when any person is sentenced to any penitentiary or at hard labor, otherwise than for life, or where the maximum penalty does not exceed 1 year, it is the duty of the judge to impose an indeterminate sentence upon him. However, provision is made to exclude persons convicted of certain offenses.28 The statute does not apply where the maximum penalty under provisions of the law applicable to the particular offense is fixed at 1 year or less.27 The 1934 law provided that the minimum of indeterminate sentences should not be less than the minimum term of imprisonment fixed by the statute under which the person was convicted, nor more than twothirds of the maximum sentence imposed, and that the maximum sentence should not be more than the maximum fixed in such statute.28 Since 1936, minimum sentences cannot be more than one-third of the maximum fixed by statute.29

A life-term prisoner whose sentence has been commuted to a fixed term of years, and who has served one-third of such term, is also eligible for parole, but the parole must be approved by the board of pardons and the Governor.30

24 La. Crim. Stat. Ann. (Dart, 1932) § 725.

Id. § 727.

"Treason, arson, rape, attempt to commit rape, crimes against nature, incest, burglary, robbery, attempt to commit robbery, bank and homestead offcials misusing funds of the depositors, or other funds entrusted to such officials, notaries public who are defaulters, train wreckers, kidnappers, and dynamiters." La. Acts 1936, No. 98, § 1.

"La. Crim. Stat. Ann. (Dart, 1932) § 529. State v. Hood, 167 La. 863, 120 So. 480 (1929).

28 Ibid.

La. Acts 1936, No. 98, § 1.

30 La. Crim. Stat. Ann. (Dart, 1932) § 730.

Provision was made for the correction of mistakes of the courts where an indeterminate sentence had been imposed when the statute required a definite term for the particular offense, but no provision was made for the relief of prisoners given definite terms by the trial judge when an indeterminate sentence was required by law.32

Method of application for parole.—An offender imprisoned under an indeterminate sentence may apply for parole when he has served the full minimum term of his sentence. Upon application he is furnished with a form in which he gives information concerning family, school, employment, and criminal history. A duty is imposed on the board to investigate the conduct of the applicant during confinement.88 The general rules of the board provide that any prisoner who has forfeited conduct credits or "marks," under its uniform system of conduct rating, must earn back such "marks" at the rate of one per month before becoming eligible for parole.85 An important rule of the board necessi

81 44

84

where the trial judge, in any case, has inadvertently or through error, imposed an indeterminate sentence in a case where the law does not warrant or authorize same, said indeterminate sentence thus illegally imposed shall have no binding effect on the board of parole in its administration of the parole statutes." La. Crim. Stat. Ann. (Dart, 1932) § 727.

32 In an analysis made by the late General Manager, R. L. Himes, of Louisiana State Penitentiary, May 1934, he referred to 13 specific instances of fixed sentences imposed since September 18, 1931, which were required by law to have been indeterminate.

23 "It shall be the duty of the said board of parole, immediately or thereafter, upon the filing of such application, to enter into an investigation of the conduct of said prisoner during his term of imprisonment, and if upon investigation it shall be found that the prisoner has, under the rules and regulations of said board of parole, become eligible for discharge from imprisonment upon parole, the board shall order the release of said prisoner from imprisonment at the expiration of the minimum term fixed in the sentence; provided, that if said prisoner's conduct has not been such as to entitle him to discharge, the board may, in its discretion, at any subsequent period not less than 6 months, Investigate into the conduct of the said prisoner since the date at which his parole was refused, and if, in the opinion of said board, the said prisoner's conduct has, during the said period, been such as to make him eligible for discharge on parole, the board shall order such discharge. Otherwise, the said prisoner shall be required to serve the maximum period of imprisonment fixed in the sentence, subject to commutation for good behavior; provided that the board of parole shall transmit all recommendations or orders for the release of prisoners, to the general manager of the penitentiary for the purpose of releasing such prisoners." La. Crim. Stat. Ann. (Dart, 1932) § 728.

"The said board shall adopt a uniform system of marking prisoners by means of which may be determined the number of marks or credits earned by each prisoner as a condition for release on parole and whatever regulations may be necessary for carrying out this act, which system so adopted shall, however, be subject to revision by the board from time to time." Id. § 726. 85 General Rules Governing Application to the Parole Board, No. 6.