don for one offense does not operate as a discharge of other distinct offenses.27 Parole. The constitution of 1901 expressly includes in the Governor's pardoning power the power to grant paroles.28 Even before the adoption of the present constitution, when the Governor's power extended only to "reprieves, commutations, and pardons," it was held that parole "is in the nature of a conditional pardon and within the constitutional grant of the pardoning power to the Governor." 29 However, the Alamaba parole laws are discussed elsewhere.30 GOOD-TIME DEDUCTIONS History. As early as 1843 the Governor was authorized to remit 2 months from a year's sentence for the "encouragement of convicts to conduct themselves with industry and propriety." It was made the duty of the Governor to reduce the period of imprisonment whenever it appeared from the report of the warden that the prisoner's conduct was "exemplary and unexceptionable." Several decades later the Governor was authorized to deduct 2 months from a year's sentence whenever it appeared from the report of the board of convict inspectors that the prisoner's conduct was unexceptionable. The board consisted of a president and two other inspectors of convicts, one of whom was required to be a physician.3 In 1890 the amount of time by which the period of incarceration could be reduced for good conduct was extended on a scale graduated according to the length of the sentence. That scale is identical with the one now in operation. In 1923 the powers and duties of the board of convict inspectors were conferred on the newly created State board of prison administration which at that time consisted of Hawkins v. State, 1 Port. (Ala.) 475 (1834). 2 Ala. Const. art. V, § 124. See also Ala. Code Ann. (Michie, 1928) § 5132 id. (Michie Supp. 1936) § 5133 (1). "Fuller v. State, 122 Ala. 32, 26 So. 146 (1898). 20 See Parole, supra. 1 Clay's Digest (Ala. 1843) p. 406, § 67. 2 Ala. Laws 1882-83, p. 147. Ala. Laws 1894-95, p. 849. two members appointed by the Governor. The board of administration was reduced to one member in 1931. It became a two member board again in 1935, both members being appointed by the Governor. Although the "good time" statute still refers to the old inspectors of convicts, the report upon which the Governor acts in "good time" releases is today apparently made by the board of administration. By whom administered.-It is provided by statute that whenever the board of administration reports to the Governor that the conduct of any convict in the penitentiary or at hard labor for the county has been good during any year or years of imprisonment, the Governor may in his discretion order that a portion of the sentence of the convict be deducted in accordance with a schedule set out in the statute.8 It appears as a matter of practice, however, that at the expiration of sentence, allowing for the good-time deductions, a prisoner makes application for the allowance and for his release. The State board of administration certifies to the State board of pardons that the prisoner's conduct has been good. The board of pardons recommends to the Governor that the deductions be made or be not made. The final determination is in the hands of the Governor.9 Persons eligible.-No deduction for good conduct may be made in any case where the sentence is for less than 6 5 Ala. Laws 1923, p. 67, §§ 2, 4. Ala. Laws 1931, p. 6. Ala. Laws 1935, p. 2. 8 Ala. Code Ann. (Michie, 1928) § 5131. Although the statute still mentions "inspectors of convicts," their function has been transferred to the board of administration which today consists of two members appointed by the Governor, one designated as president of the board, the other as associate member. Ala. Code Ann. (Michie, Supp. 1935) § 25 (1). The board of administration has charge and management of the convict system of the State. Ala. Code Ann. (Michie, 1928) § 30. This section of the statutes (§ 5131) places the good behavior allowance within the Governor's discretion but does not give him broader powers than were conferred by the provisions of the statute conferring the parole and pardon power. Report of the Att'y Gen. Ala. (1918-20), p. 671. The indeterminate sentence law does not in any way interfere with the authority of the Governor to commute sentences under the good time statute. Rogers v. State, 17 Ala. App. 175, 83 So. 359 (1919). "Letters from Attorney General, Alabama, August 3 and August 11, 1937. months. It may not be made in any case where the convict is one who, after having served a sentence or a portion of a sentence, either in the penitentiary or at hard labor, has been convicted of a felony or a misdemeanor involving moral turpitude.10 A prisoner also becomes ineligible for good-time allowances if he is one who escaped or attempted to escape from prison.11 Amount of deduction.-The amount of the sentence to be deducted for each year of good conduct is as follows: (a) From each of the first 2 years, 2 months; (e) From each of the remaining year after 8, 6 months. When the sentence is for less than 2 years, and not less than 6 months, good behavior entitles the convict to a pro rata deduction of the time allowed for the first 2 years. 12 Forfeiture. Good time is forfeited in any case where the convict escapes or attempts to escape.13 As a matter of practice prisoners lose their good-time deductions for grave offenses such as fighting, impudence to officials, destroying property intentionally, or having weapons. A forfeiture occurs only at the end of the period of sentence (minus good time deductions), since it is only at that time that deductions are granted or not granted. The State board of pardons either recommends that the deduction provided by statute be allowed, or it recommends that no deduction whatsoever be allowed. There is no recommendation for partial allowance of deductions.14 Restoration. Since deductions are only granted at the end of the period of sentence, the matter of restoration never arises in Alabama. 10 Ala. Code Ann. (Michie, 1928) § 5131. 11 Пbid. 12 Ala. Code Ann. (Michie, 1928) § 5131. Where a defendant was sentenced for 2 years on each of six charges, the sentences to be served serially and cumulatively, the court held that good time deductions were not to be figured on a continuous sentence of 12 years but on six separate sentences. Board of Administration v. Jones, 212 Ala. 380, 102 So. 626 (1925). 13 Ala. Code Ann. (Michie, 1928) § 5131. State Letters from Attorney General, Alabama, August 3 and August 11, 1937. EXPIRATION OF SENTENCE Formalities of release.-It is provided by statute that each convict must be discharged at the expiration of his sentence. But if any convict is sick at the time the term expires, he must not be discharged except at his own request. Furthermore, if he is charged with the commission of any other criminal offense, he must be delivered to the proper sheriff or officer to answer the charge under any rules or regulations which may be prescribed by the board of administration.1 Upon expiration of sentence, the warden or other prison official gives to the prisoner his discharge papers.2 Discharge gratuities.-Any person who has in his control any State or county convict must upon discharge furnish him with transportation to the county seat of the county where he was sentenced. The discharged prisoner must also be furnished with one good suit of clothes, one hat, and a pair of shoes, and 50 cents a day for each estimated day's travel from the place of discharge to his destination.3 ARIZONA SUSPENSION OF SENTENCE Suspension of sentence at common law.-The Arizona court has said that there is no inherent or common law power in the courts indefinitely to suspend execution of sen 1 Ala. Code Ann. (Michie, 1928) §§ 3650, 3701. Any official discharging a prisoner otherwise than by law is guilty of a misdemeanor. Id. § 3703. Any person detaining a convict after termination of sentence must, upon conviction, be fined and sentenced to hard labor. Id. § 3713. 2 In county jails it is the duty of the sheriff to file and preserve the process or order by which any prisoner is discharged. Id. § 4804. The sheriff must also report to the clerk of the circuit court of the county within 2 days next succeeding, the name of the prisoner and by what authority and when he was discharged. Id. § 4821. Ala. Code Ann. (1928) § 3701. See also id. § 3650, which provided that the convict must be furnished with a "decent" suit of clothes and money sufficient to enable him to reach his destination, not exceeding $10. Any person having in his control a State convict and failing upon discharge to furnish him a railroad ticket to the county seat of the county wherein he was convicted, or failing to furnish one good suit of clothes, must, on conviction, be fined not more than $1,000 and may also be imprisoned in the county jail. Id. § 3716. In addition, the convict must also be paid on discharge $10 cash if his term does not exceed 5 years. If his term is more than 5 years he is entitled to $10 plus additional sums in cash at the rate of $2 per annum for each additional year or fractional part of a year of not less than 6 months actually served. Id. § 3651. tence. Whether the same is true of suspending imposition of sentence has not been discussed in the Arizona cases. Statutes. Statutory power to suspend execution of sentence is confined to cases where the judgment is to pay a fine. In other cases, the statute permits only suspension of the imposition of sentence, and placing the defendant on probation. This will be discussed under Probation. Suspension of sentence in nonsupport cases.-There is one other provision in the statutes of Arizona which allows for suspending the imposition of sentence. This is a provision permitting a defendant who has been convicted of nonsupport of a wife or minor child to enter into an undertaking with sureties, that he will maintain his wife or child, whereupon the court may suspend the imposition of sentence. Such a bond is valid for 1 year, and if the defendant fails to comply with the conditions of the bond the court may proceed to pass sentence. If a court erroneously suspends execution of sentence, its action in this respect is void, and the sentence remains binding and can be enforced. Nothing is said in this section concerning probation. A recent case has held that this and the probation statute were alternative procedures in a nonsupport case and that the court could act under either." In an earlier nonsupport case, it appeared that the trial court had accepted a bond and also had placed the defendant on probation. The fact that both procedures were used was not discussed, nor was this case referred to in the later one. 1State v. McKelvey, 30 Ariz. 265, 246 Pac. 550 (1926). 2 Ariz. Rev. Code Ann. (Struckmeyer, 1928) § 5105; State v. McKelvey, 30 Ariz. 265, 246 Pac. 550 (1926). See Smith v. State, 37 Ariz. 262, 293 Pac. 23 (1930). 'Ariz. Rev. Code Ann. (Struckmeyer, 1928) § 4636. • Id. § 4635. Id. § 4637. *Silver v. State, 37 Ariz. 418, 295 Pac. 311 (1931) (after sentence of fine and imprisonment, court suspended execution of the imprisonment and defendant was released; 4 months later, the county attorney moved to have defendant remanded to custody on the jail sentence, contending that the suspension was void; so held). 7 Redewell v. Superior Court, 43 Ariz. 68, 29 P. (2d) 475 (1934). 8 Barnes v. State, 20 Ariz. 183; 178 Pac. 780 (1919). In this case the defendant was convicted by a jury for the nonsupport of his wife. He offered to furnish bond as provided by § 4637 for the maintenance of his wife. The bond was approved by the court and filed. On the same day the defendant was brought before the court for sentence, imposition of sentence was suspended and |