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grant paroles without any requirement of approval by the Attorney General. Likewise, the Attorney General's power of approval or disapproval of paroles granted to Federal prisoners confined in State institutions was transferred to the parole board. The way was paved for the transfer of supervision of parolees to the probation officers of the Federal courts, for it was provided that any such probation officer "shall perform such duties with respect to persons on parole as the Attorney General shall request." 4

Other significant amendments were made to the parole law in 1932. It was then enacted that a parolee "shall continue on parole until the expiration of the maximum term or terms specified in his sentence without deduction of such allowance for good conduct as is or may hereafter be provided for by law." It was also provided that any person to whom parole is not granted, but who is released prior to the expiration of his maximum term because of good-conduct deductions "shall upon release be treated as if released on parole and shall be subject to all provisions of law relating to the parole of United States prisoners until the expiration of the maximum term or terms specified in his sentence."

By whom administered.-The power to grant and revoke parole is vested in the board of parole which is composed of three members. Parole preparation is the responsibility of the institutional parole officers, who, as staff members in

46 Stat. 272 (1930), 18 U. S. C. §§ 723a-723c (1934). 146 Stat. 503 (1930), 18 U. S. C. § 727 (1934).

47 Stat. 381 (1932), 18 U. S. C. § 716a (1934).

It has at no time been the practice to count good conduct credits in determining the dates on which Federal prisoners become eligible for parole. And with regard to all persons sentenced since this act went into effect in 1932, good conduct credits are not counted in determining the date of the expiration of the parole period. Under this act, a person imprisoned for an offense committed after July 29, 1932, is to be released under supervision at the expiration of his sentence less good time. He must remain under supervision until the expiration of his sentence.

47 Stat. 381 (1932), U. S. C. § 716b (1934).

There are no special qualifications laid down for members of the Board. They are appointed by the Attorney General and they receive salaries of $7,500 per year each. 46 Stat. 272 (1930), 18 U. S. C. § 723a (1934).

Under the original parole act, the institutional boards of parole were authorized to appoint a parole officer at each institution. 36 Stat. 820 (1910). In 1930 this authorization was transferred to the newly created board of parole. 46 Stat. 272 (1930), 18 U. S. C. § 720 (1934). Now, however, the

the several institutions, participate in classification procedures, develop social histories, prepare and assemble official reports, are responsible for social case work involving the prisoner and his family in the community. The supervision of parolees is entrusted to the Federal probation officers and private advisers. This supervision is directed. by the parole executive whose office is attached to that of the Board of Parole in Washington.

Persons eligible for parole.-"Every prisoner who has been or may hereafter be convicted of any offense against the United States and is confined in execution of the judgment of such conviction in any United States penitentiary or prison, for a definite term or terms of over 1 year, or for the term of his natural life, whose record of conduct shows that he has observed the rules of such institution, and who, if sentenced for a definite term, has served one-third of the total of such term or terms for which he was sentenced, or, if sentenced for the term of his natural life, has served not less than 15 years, may be released on parole" 10 if it appears to the Board of Parole "that such applicant will live and remain at liberty without violating the laws, and if in the opinion of the Board such release is not incompatible with the welfare of society." 11

Application for parole.-A short while before a Federal prisoner becomes eligible for parole, he is furnished with an application blank. This blank is a very brief form on which the applicant enters certain information about himself, his

parole officers at the institutions are appointed by the Bureau of Prisons. provided that the services of the parole officers are satisfactory to the Board of Parole. Social problems of a purely institutional nature, such as matters of institutional adjustment, are handled by the wardens' assistants. Under the system now being developed in the Federal institutions, there will be a chief parole officer and two other parole officers in each institution. The salary range of the parole officers in the Federal institutions is from $2,000 to $2,600, though the parole officers in most of the major institutions receive $2,600.

46 Stat. 503 (1930), 18 U. S. C. § 727 (1934). For information concerning the appointment, qualifications and salaries of probation officers, see ante, Probation.

10 18 U. S. C. § 714 (1934). If two consecutive sentences of 4 years each are commuted to run concurrently, parole may be granted after the expiration of one-third of 4 years. If the parole board refuses to consider an application for parole at that time, an application for mandamus will lie to compel it to do so. Thompson v. Duchay, 217 Fed. 484 (W. D. Wash. 1914), affirmed Duchay et al. v. Thompson, 223 Fed. 305 (C. C. A. 9th, 1915); Cf. McNally v. Hill, 293 U. S. 131 (1934).

136 Stat. 819 (1910), 18 U. S. C. § 716 (1934).

plans, the nature of his crime, his prospective employer and the person whom he desires as his adviser. If a prisoner does not desire to apply for parole, he is directed to sign a waiver of his right to apply for parole on a form which will be furnished to him.

Hearing: Prior investigation.-When a Federal offender is committed to a penitentiary or other institution the judge and the district attorney of the committing court file reports and recommendations concerning him. In some instances a presentence investigation is made by a probation officer, and in such cases the probation officer's report is also forwarded to the institution to which the offender is committed. Each prisoner is studied closely in connection with the institutional classification procedure. Reports will be filed concerning his progress by the various institutional officers from time to time. Immediately after his admission to the institution, the parole officers begin to study the family, social and economic conditions with which he will be faced when he is released on parole. An attempt is made to effect desirable community and home adjustments, and to prepare the community to which the offender will go for his reception.12

Hearings: When held and how conducted.-Parole hearings are held at each of the Federal penal and reformatory institutions four times each year, or once every 3 months. The hearings are usually conducted by one member of the Board. They are ordinarily attended only by the member, the institutional parole officer, the applicant and a stenographic assistant. The warden and the other institutional officers ordinarily do not attend the hearings. No attorney, relative or other person may appear for or against the applicant. However, such persons may write to or interview members of the Board.

Hearing: Disposition.-After the return to Washington of the board member who held the hearing, a final determination in each case is made by the whole Board.13

12 For a discussion of the problems involved in community preparation, see Huff, The Federal Parole System (1936) 2 Ore. St. Bar Bul. 72, 76.

13 46 Stat. 272 (1930), 18 U. S. C. § 723b (1934). of parole is a matter for the discretion of the Board. Fed. 283 (C. C. A. 9th, 1917).

The granting or refusal
Redman v. Duehay, 246

Conditions for parole.—Before an offender is released on parole he must agree to the conditions of his parole 14 and an adviser is secured for him. An effort is made to arrange suitable employment for him. Also upon release he is given the usual gratuities which are allowed to Federal offenders upon discharge from an institution.15

14 The general conditions imposed are:

1. That I will report immediately to my parole advisor, and then immediately report to the supervisor of parole, Department of Justice, Washington, the probation officer and the approval of the United States Board of Parole before doing so.



2. That I will remain within the limits fixed in the certificate of parole. If I have good cause to leave these limits I will obtain written permission from the probation officer and the approval of the United States Board of Parole before doing so.

3. That I will, between the first and third days of each month, until my final release, and also on the final day of my parole, make a full and truthful written report to the supervisor of parole, Department of Justice, Washington, D. C., upon the form provided for that purpose, and that I will submit each such report to my parole advisor for certification and mail or deliver the same to the United States probation officer.

4. That I will not drink intoxicating liquors, use narcotic drugs, or frequent places where either is sold, dispensed, or used unlawfully.

5. That I will not associate with persons of bad reputation.

6. That I will in all respects conduct myself honorably, work diligently at lawful occupation, and support my dependents, if any, to the best of my ability.

7. That I will promptly and truthfully answer all inquiries directed to me by the U. S. Board of Parole, by my parole advisor, or by the Federal probation officer.

8. That I will live and remain at liberty without violating the law.

9. If at any time it becomes necessary to communicate with my parole advisor or probation officer for any purpose and they are not accessible, I will direct my communication to the supervisor of parole, Department of Justice, Washington, D. C.

10. I agree to live and work at the places stated in my parole plan and will not change until after I have permission to do so from my probation officer. In emergencies I will notify my probation officer at once.

To all of which conditions I do solemnly promise and agree.

In addition, the parole board may and does impose special conditions in individual cases.

15 36 Stat. 820 (1910), 18 U. S. C. § 721 (1934). On discharge from any prison of any person convicted under the laws of the United States on indictment, he shall be furnished with transportation to the place of conviction or place of bona fide residence within the United States at the time of his commitment under sentence of the court, or to such place within the United States as may be authorized by the Attorney General; and if the term of his imprisonment shall have been 6 months or more he shall also be furnished with such suitable clothing as may be authorized by the Attorney General, and in the discretion of the Attorney General, an amount of money not to exceed $20. 44 Stat. 901 (1926), 18 U. S. C. § 746 (1934). At the time the parole act was passed the gratuities allowed to Federal prisoners were not the same as they are now. 26 Stat. 840 (1891). That fact explains the seeming inconsistency between the two code sections cited in this footnote.

Supervision: Extent.-Each person released on parole is required to file with the parole executive an arrival report and subsequent written reports at intervals of not more than 1 month. In some cases the parolee is required to report every few days, while in other cases he is required to report monthly. Each report must be countersigned by the parolee's adviser. Each parolee is under the supervision of a probation officer.16 In some cases, the officer makes frequent visits to the parolee. In other cases, where the parolee has a strong adviser and his case is not a hazardous one, the probation officers may visit him infrequently.1

Supervision: Use of advisers.-Each parolee has an adviser. In many cases the person chosen is the person suggested by the parolee himself. In other cases the parole executive finds it necessary to select some other person.

10 The duties of a Federal probation officer are summarized in the following statement of the acting supervisor of probation:

"The United States probation officer is responsible for probation service to the court. He is also the field representative of the Attorney General in maintaining parole service.

"For the court the probation officer makes presentence social investigations, including medical and psychiatric, when indicated, with report to the court. Diagnosis and prognosis based on such studies forms the basis for selection for probation treatment. The probation officer is responsible for planning and carrying into effect treatment in accordance with recognized social case work methods. He is also charged with maintaining contact and keeping the court informed regarding the progress of probationers.

"It is his responsibility to give special attention to all juveniles coming into Federal custody, arranging treatment in conformity with the Department of Justice policy.

"In connection with parole, the probation officer has varied functions. He sends a copy of the presentence report to the executive in charge of the penitentiary, reformatory, or camp where sentence is to be served immediately following pronouncement of sentence. He keeps in touch with the family of the prisoner, bringing to bear on the situation such community forces as may be needed to maintain or improve its standards. He aids the prisoner and parole officer in planning parole. He answers all questions of the family and friends about parole. He aids in the adjustment of the parolee upon release, continuing to utilize appropriate social agency services, being mindful also of the paramount importance of the protection of the public interest. The custodial aspect of parole is respected through the medium of contact throughout the period of parole. In the event of loss of contact, violation of conditions of parole or commission of a new criminal offense, the probation officer makes a prompt presentation of the fact to the U. S. Board of Parole in accordance with specific instructions."

17 The Federal Government in the establishment and development of its probation system has made two noteworthy accomplishments. Owing to the fact that the system of Federal probation, the management of the penal institutions and the supervision of all paroled Federal prisoners come under one bureau, it has been possible to arrange for a continuity of treatment of a given individual.

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