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By whom administered.-Under the new act, the authority to grant paroles is vested in the newly-created board of pardons and paroles."

The duty of supervising all parolees and probationers rests with the director of probation and parole. The director is appointed by the board of pardons and parole after he has passed a proper examination, and is classified under the civil service law."

The 1937 act also provides that State police officers and other peace officers may be called upon to assist the State director of probation and parole in enforcing the parole law.

Under the former law the authority to parole inmates of the State farm for women was vested in the board of directors of that institution.10 However, it is apparent that the board of pardons and paroles has, under the new law

• Id. § 12771.

The State penal board is declared by statute to be the State board of pardons and paroles. Id. § 12768. The term "State penal board" is not specifically mentioned elsewhere in the Arkansas statutes, but is in all probability one and the same as the "board of penal institutions" established in 1933 under the provisions of Ark. Acts 1933, No. 30.

The board of penal institutions consists of five members, all of whom are residents of Arkansas. Members are appointed by the Governor with the consent of the State senate, and hold office at the pleasure of the Governor. Ark. Dig. Stat. (Pope, 1937) § 12643.

Members of the board of pardons and paroles may be removed by the Governor for inefficiency, neglect of duty, or misconduct in office. One against whom charges are preferred must be provided with a copy of the charges and must be given an opportunity to be heard in the matter on not less than 10 days notice. Id. 12769.

Members of the board of penal institutions are paid $5 per day plus expenses while on official duty. Id. § 12643.

Id. 12772. Under this section it is provided that "Such supervision of parole shall supplant parole supervision by any other state agency except that held by the courts • *." Since the Arkansas law does not provide for parole, as such, by the courts, it is suggested that the "parole" supervision of the court above mentioned is in fact that power which is conferred upon the trial court under the provisions of Ark. Dig. Stat. (Pope, 1937) § 4053. Under this statute the court may postpone pronouncement of final sentence upon conditions of probatiotn which are deemed reasonable. It is, therefore, apparent that the 1937 Act in mentioning the court's "parole supervision" actually has reference to its supervision of probation.

*Id. § 12772. The director of probation and parole receives a salary of $3,000 per year in addition to necessary traveling expenses.

• Ibid.

10 Ark. Dig. Stat. (Crawford & Moses, 1921) § 9317.

acquired the authority to parole inmates of that institution.11

Persons eligible for parole. The parole law of 1937 does not define or list the types of prisoners who are eligible to parole. It does, however, refer to "eligible" prisoners. Consequently, information in this connection must be obtained from the previously applicable law.

An indication of the time at which a prisoner is eligible is found in the following statute: "It shall be the duty of the State Board of Penitentiary Commissioners to convene on the first Monday in June 1907, and on the same date each 3 months following, to consider the advisability of releasing those convicts who have served one third of a definite sentence as herein after provided." 12 This statute is somewhat ambiguous due to the fact that the word "releasing" as therein employed is subject to more than one construction.18 From a study of this and related sections it is apparent that those inmates serving definite sentences are eligible for parole whenever one third of a definite sentence has been served.

" Ark. Dig. Stat. (Pope, 1937) § 12771. "It shall be the duty of said board to investigate * * the advisability of granting a parole of any prisoner confined in any penal institution of this State Ibid.

12 Id. 12734.

18 This ambiguity has given rise to varying interpretations of the actual meaning of this section. For example, in Wright, Digest of Indeterminate Sentence and Parole Laws (1936) 82, there appears this statement: "Paroles are granted by this board at the expiration of the prisoner's minimum term of sentence." In Arkansas the minimum term of sentence is provided for only under the "general sentence" law.

Compare the above quotation with the following language: "The law proIvides that where a person has received a general sentence (i. e., one with minimum and maximum terms) such person shall not be eligible for parole until the minimum term has been served; but no use seems to be made of the statute and this limitation on eligibility can therefore be disregarded in considering the present status of the parole system. Instead of using the general sentence we are informed that the courts or juries in practice impose definite sentences, and in such cases the statutes do not contain any time limitation on the eligibility of prisoners applying for parole. However, the board is authorized to make such rules and regulations as it deems fit, and it has ruled that no application shall be received until a prisoner has served one-third of his time." The Prison Labor Problem in Arkansas, a survey of the Prison Industries Reorganization Administration (1936) 34.

These general and conflicting statements are in part to be attributed to the fact that Ark. Dig. Stat. (Pope, 1937) § 12734, as originally set forth in Ark. Acts, 1907, No. 440, omitted the word "releasing." The section was thereafter carried in Ark. Dig. Stat. (Castle, Supp. 1905-11) § 5872 with the term "paroling" employed in lieu of the word "releasing."

The time at which a prisoner serving a general sentence 14 is eligible for parole cannot be readily ascertained from an examination of the statutes. The section in which provision is made for the general sentence reads in part: “At any time after the expiration of the minimum time, upon recommendation of the board of penitentiary commissioners and it appearing that a prisoner has a good record as a convict, his sentence may be terminated by the board.” 15

The word "terminated" as employed in the general sentence statute has been interpreted in Arkansas to be synonymous to "parole." Consequently, the prevailing practice has been to regard male prisoners serving general sentences as eligible for parole after they have served the minimum period fixed by statute for their respective crimes. Method of application for parole.-Under the Arkansas 1937 parole law the prisoner need not make application for parole. Whenever a person is eligible, the board instigates its own investigation into the propriety of granting parole. Prior to the enactment of the new law, it was necessary for the inmate to fill out and file a printed form of application furnished by prison authorities.17 There is no statutory

16

"Ark. Dig. Stat. (Pope, 1937) §§ 4040, 3204, which reads as follows: "Juries and courts shall have the power to assess the punishment of one convicted of a felony at a general sentence to the penitentiary, such sentence not being less than the minimum nor greater than the maximum time provided by law. At any time after the expiration of the minimum time, upon the recommendation of the Board of Penitentiary Commissioners and it appearing that a prisoner has a good record as a convict, his sentence may be terminated by the board." It is obvious that this section makes no reference to parole. Furthermore, Ark. Dig. Stat. (Pope 1937) 12734 does not refer to the paroling of convicts who are under general sentence; it does however, specifically refer to the "releasing" of such convicts, and to the paroling of those under definite

sentence.

In view of the fact that the general sentence may be terminated by the board at any time after the expiration of the minimum time in certain cases, it is obvious that this type of sentence possesses the essential characteristics of the so-called "Indeterminate sentence."

Id. § 4040.

14 Id. § 12771.

"The applicant filed with his application, which was made on a printed form furnished by the prison authorities, a statement signed by a court official of the county from which the applicant was sent to the penitentiary, an employer's agreement to give applicant a job, if paroled, and a "parole bond" in the sum of $100 on condition that the applicant, if paroled, "shall well and truly comply with laws and rules governing paroles and the person paroled." The application was also accompanied by the prison record of the applicant, and such personal, family, social, and criminal record as the prison jackets contained. Unfortunately, this was very meager, for few trial judges and prosecuting attorneys attempted to comply with the statutory requirement of

indication as to whether or not the use of the former printed application form is to be continued.18

furnishing to the penitentiary authorities all available data concerning the facts and circumstances of the crime, and all accessible information concerning the prisoner's career prior to the instant crime, such as his habits, associates, disposition and reputation as a law-abiding citizen.

18 On the reverse of the application blank appears an outline of "parole rules" then in effect. In view of the fact that these rules may possibly be adopted under the new law they are herein set forth :

"Application for parole shall be made upon blanks provided for that purpose which may be obtained from the secretary of the board.

"The application shall embrace a certificate from the prosecuting attorney of the district from which the prisoner was sent, showing that there are no other indictments pending against him, a statement from the superintendent of the penitentiary recommending the parole, and an agreement by a reliable property owner that he will give the prisoner employment upon his release, and said agreement shall include a certificate from the county clerk of that county showing that the person is a property owner.

"The board may continue the application from time to time, may postpone to a future time, postpone indefinitely, reject, or grant the application on such terms and conditions as may seem to them proper, but not in conflict with the laws of the State.

"An application having been postponed to a certain time will be disposed of at that time unless again postponed.

"An application having been postponed indefinitely may again be brought before the board at any time by an affirmative vote of the members.

"An application having once been rejected cannot be reopened, but the prisoner desiring to try again may begin with a new application.

"No prisoner shall be paroled who has any lost time on record against him or has any lost time pending.

"No prisoner shall be paroled until the board is satisfied that he will conform to the rules and regulations of his parole, and it shall require the consent of three members of the board to grant a parole.

"No oral agreement [argument] will be allowed at the sessions of the Board by attorneys in the interest of prisoners who have made applications for parole, but such efforts must be in writing and presented so as to be filed with the application of the prisoner to whom it refers.

"A prisoner, when a parole has been granted by the board, shall proceed at once to place of employment provided for him and report to his employer, show him his parole and remain in his employ, if practicable, during the time of his parole.

"In case he finds it desirable to change his employment or residence he shall first obtain the written consent of the board.

"He shall, on the first day of each month, until his final release according to law, forward by mail to the secretary of said board a report for himself, stating whether he has been constantly under pay during the last month, and if not, why not, and how much he has earned and expended, together with a general statement of his surroundings and prospects.

"He shall in all respects conduct himself honestly, avoid evil associations, obey the law, and abstain from the use of intoxicating liquors.

"He shall at all times while on parole remain within the boundaries of the State of Arkansas.

"Whenever a prisoner violates the conditions of his parole, the board shall, by formal order entered in the Journal of their proceedings, declare him a delinquent and thereafter he shall be treated as an escaped convict owing service to the State and shall be liable, when arrested, to serve out the unexpired period of the maximum possible punishment, and the time from the date of his

The new law prescribes no time for the making of an application for parole by an inmate. This is automatically taken care of at the time the prisoner becomes eligible.1o

Hearing: Prior investigation.-The 1937 act gives the board extremely general powers relative to investigating the advisability of granting parole.20 It places upon the board merely the duty to investigate and secure all information that may aid in determining the advisability of granting paroles, and prescribes that "in considering the record of a prisoner eligible for parole, consideration should be taken of the circumstances of the offense for which the prisoner has been sentenced, the attitude of the judge and of the prosecuting attorney of the court in which he was sentenced, his previous criminal record, social history, and present condition of the defendant, including, whenever practicable, the findings of a physical and mental examination of the defendant." 21 In addition, the board has visi

declared delinquency to the date of his arrest shall not be counted as any part or portion of the time served.

"Every paroled prisoner shall be liable to be retaken and again confined within the enclosure of said prison for any reason that shall be satisfactory to the board, and at their sole discretion, and shall remain therein until released by law.

"A prisoner returned by order of the board for a violation of his parole shall forfeit all his good time.

"Upon the expiration of the term of sentence for a paroled prisoner who has complied with all the provisions of his parole, a final release will be granted to him.

"The foregoing rules and regulations may be rescinded, changed or amended at the pleasure of the board."

"Ark. Dig. Stat. (Pope, 1937) § 12771.

A summary of the previous statutory requirements pertinent to prior investigation and subsequent supervision of parole is found in Wright, Digest of Indeterminate Sentence and Parole Laws (1936) 82:

"All public officers must furnish complete data concerning the crime and personal information, if requested by the commission. Parolees are required to have suitable employment and a home free from criminal influences before being released. Parolees remain under the legal custody of the board of commissioners until final discharge is granted. The commission also has the power to revoke any parole. Parolees leaving the State without permission are adjudged fugitives from justice. The law stipulates further, that the Governor must be notified of any violator returned to the penitentiary. In a good many instances the sheriffs of the various counties are required to act as parole officers, and must report monthly to the commission, on forms furnished by them. This written report must be forwarded to the commission within 5 days from the date of the sheriff's contact with the parolee. The law also makes it mandatory for the sheriff to keep secret the fact that the person is a parolee, as long as the parolee observes the conditions of his parole."

"Ark. Dig. Stat. (Pope, 1937) § 12771.

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