other disabilities.25 However, a mere restoration to citizenship does not have that effect.2 The pardoning power does not, however, extend to reinstating an attorney who has been disbarred by order of a court; 27 nevertheless, in an action for disbarment on the ground of conviction of crime, a full pardon has been held a defense.28 GOOD-CONDUCT DEDUCTIONS History. In 1907 the California Legislature passed a law by virtue of which every convict who had no infraction of prison rules or the laws of the State recorded against him and who performed his duties faithfully and in an orderly manner was automatically entitled to a deduction of "good time" credits. This deduction amounted to 2 months from each of the first 2 years, 4 months from each of the next 2 years, and 5 months from each of the remaining years. The deduction was automatic unless the board of prison directors found that for misconduct or other reasons the prisoner should not receive the allowance. The allowance was forfeited if the prisoner was guilty of assault or of otherwise endangering life and limb, or of flagrant disregard of prison rules. Both earned credits and future credits could thus be forfeited, but only after due proof of the offense and notice to the offender. There could be no forfeiture, furthermore, if the violation was without "evil intent or violence." The board of prison directors were the judges of what constituted "evil intent." The directors also had the power to restore credits for such reason as to them scemed "proper." 1 This law was held to have been impliedly repealed by the indeterminate sentence law of 1917, so far as concerned prisoners whose crimes were committed subsequent thereto." The State board of prison directors (who at that time administered the indeterminate-sentence law) felt, however, that a credit system was essential to good management, and in 25 People v. Bowen, 43 Cal. 439 (1872). 26 Ibid. 27 Cohen V. Wright, 22 Cal. 293, 323 (1863). 28 Ex parte Emmons, 29 Cal. App. 121, 154 Pac. 619 (1915). 1 Cal. Stat. 1907, p. 592. Cal. Stat. 1917, p. 665; Cal. Pen. Code (Deering, 1935) § 1168. In re Lee, 177 Cal. 690, 171 Pac. 958 (1918). 1919 adopted a resolution which became the basis of a statute enacted in 1929. This statute provided for the same scale of allowances as the old law, but differed in other respects. First of all, the deduction could not be automatic but was allowed only if the warden filed a report on behalf of the prisoner. The report had to be adopted by the State board of prison directors. Secondly, although the forfeiture of credits could occur only upon due proof and notice of a violation, as in the previous law, proof and notice were dispensed with in cases where the offender was outside prison as an escape or fugitive. Thirdly, the board of prison directors was authorized to allow "extra" credits for extra meritorious conduct and industry.5 By whom administered.—The administration of good-time credits is under the control of the warden and the State board of prison directors. A prisoner may be allowed such credits only if the warden files a report on his behalf and if the board of prison directors adopts the recommendation of the warden. The latter's report must certify that the prisoner's conduct and work have been meritorious. Persons eligible.-Every prisoner who has committed no infraction of the rules or regulations of the prison, or the laws of the State, and who performs in a faithful, diligent, industrious, orderly, and peaceable manner the work, duties, and tasks assigned to him to the satisfaction of prison officials, may receive good-time credits upon recommendations of the warden, approved by the board of prison directors." Amount of deduction.-The good-time statute allows a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and correspondingly for any part of the year where the term is for more or less than a year. Cal. Stat. 1929, p. 1935. Id. p. 1930. Cal. Pen. Code (Deering, 1935) § 1168 (3). County jail prisoners may receive 5 days deduction from each month of sentence upon report of the officer in charge of the jail and with consent of the county board of parole commissioners. Cal. Pen. Code (Deering, 1931) § 1614a. 'Cal. Pen. Code (Deering, 1935) § 1168 (3). 8 Ibid. Where a prisoner was sentenced to a State prison for two terms to run consecutively, the computation of credits should be based upon a full term of confinement aggregating the two terms, instead of computing it on each term separately. In re Albiori, 218 Cal. 34, 21 P. (2d) 423 (1933). The board may also allow "extra credits" for extra meritorious conduct and industry." Forfeiture. The board of prison directors may forfeit all accrued time credits and/or all credits which might have been earned in the future or any part of past or future credits, in case any convict assaults any keeper, foreman, officer, convict, or other person or threatens or endangers the life or person of any one or violates or disregards any prison rule or regulation. Forfeiture may similarly be made if the prisoner neglects or refuses to do the work to which he is assigned, or is guilty of any misconduct or violates any of the rules or regulations governing parole. Forfeiture may be made by the board of prison directors only after due proof of the offense and notice to the offender unless the offender is outside the walls of the prison as an escape or fugitive from justice.10 As a matter of practice, forfeiture may be ordered for destruction of State property.11 All credits are forfeited by any prisoner who escapes or attempts to escape or assists a fellow prisoner to escape.12 A prisoner who smuggles or attempts to smuggle or assists in bringing upon the prison grounds intoxicating liquors, drugs, narcotics, firearms, explosives, or weapons of any kind, is liable to forfeiture of all credits earned or to be earned.13 Prisoners soliciting anyone or permitting anyone to engage in any immoral practices are liable to forfeiture of all credits earned or to be earned by them.14 Restoration. The board of prison directors may restore time credits forfeited for "good cause shown." 15 EXPIRATION OF SENTENCE Formalities of release.-Since 1917 prisoners have been discharged by the warden acting upon direction of the State • Ibid. 10 Cal. Pen. Code (Deering, 1935) § 1168 (3); Rules and Regulations for the Government of Prisoners (San Quentin) rule 16. In regard to forfeiture of good-time credits while on parole, which is handled by the State board of prison terms and paroles, see Parole: Procedure on Violation. 11 Rules and Regulations for the Government of Prisoners (San Quentin and Folsom) rule 4. 12 Id. rule 14. 13 Id. rule 17. 14 Id. rule 18. 15 Cal. Pen. Code (Deering, 1935) § 1168 (3). board of prison directors.1 All prisoners except those sentenced for life are deemed to be serving the maximum of the sentence provided by law for the crimes for which they were committed. They continue to serve such maximum until otherwise determined by action of the board of prison terms and paroles, which determination must be within the minimum and maximum of the legal penalties. Effect of release. It is provided by statute in cases of a sentence of imprisonment in a State penitentiary for less than life, that all the civil rights of the person sentenced are "suspended" and all public offices and all private trust, authority, or power during the imprisonment are also suspended." Presumably, therefore, the rights enumerated are automatically restored upon expiration of sentence and release of the prisoner. Discharge gratuities.-In case the prisoner has not funds sufficient for "present purposes," he must be furnished with $10 in money, a suit of clothes costing not more than $10, and his fare by the cheapest route, to the place where sentenced from, if he desires to return there, or to any other place of the same cost for transportation. The convict is also entitled, if he so elects, to immunity from having his hair cut, or from being shaved, for 3 calendar months immediately prior to his discharge. The prisoner who is about to be discharged also has a right that his name be withheld from publication." In the discretion of the State board of prison directors, the prisoner may be paid, in addition to the sum regularly allowed, a sum not to exceed $10 for "meritorious service." 1 Prior to 1917 it was the duty of the warden to report to the Governor the names of all prisoners whose terms were about to expire, and release was ordered by the Governor. Cal. Pen. Code (Deering, 1931) §§ 1578, 1579. But the indeterminate sentence law of 1917 impliedly repealed this provision. Opinions Att'y Gen. (Cal. 1918) No. 3690. 2 In re Lee, 177 Cal. 690, 171 Pac. 958 (1918). * Cal. Pen. Code (Deering, 1935) § 1168 (1). Cal. Pen. Code (Deering, 1931) § 673. Id. 1578. In addition to gratuities, each convict upon discharge is entitled to the money taken from him when he entered and which he has not disposed of, together with any sum which he may have earned for his own account, allowed to him by the State for good conduct or diligent labor, or which may have been presented to him from any source. Ibid. * Id. § 1590. 73115-39-VOL. I-13 COLORADO SUSPENSION OF SENTENCE Suspension of sentence at common law.-The courts have no inherent or common law right to suspend either the pronouncement or execution of sentence. 1 If a court does undertake indefinitely to suspend imposition of sentence, such action is in effect a discharge of the prisoner, and deprives the court of jurisdiction after the term to pronounce sentence. However, if a case is retired from the docket without imposition but is reinstated and sentence is pronounced at the same term, such sentence is effective." Statutes. The only Colorado statutes providing for suspension of sentence, not including the general probation law, are those involving cases of nonsupport and of contributing to the delinquency of children. These are now merged in later probation provisions, and are treated under that heading. If the court pronounces sentence and suspends its execution, the suspension is void but does not invalidate the sentence. Thus, the defendant may be rearrested and made to serve the sentence. Even if the time fixed in the sentence has expired the court may order the term to be served, the only way to expiate a sentence being to serve it. If a judge sentences a defendant but fails to issue a writ of commitment, mandamus will lie to compel him to issue such writ even after the time fixed in the sentence has expired. PROBATION Historical development.-The first statutory authority for suspending sentence was in the act of 1903, permitting suspension of execution in cases of conviction on a charge of 1 Grundel v. People, 33 Colo. 191, 79 Pac. 1022 (1905). |