spent on parole. When he is returned to the penitentiary he must serve that portion of his maximum term of sentence which remained unserved when parole was granted.23 There is nothing in the statutes indicating the effect of parole violation on the sentence of an inmate of the reformatory. A person sentenced to the reformatory may be held there for a period not exceeding the maximum term provided by statute for the crime of which he was convicted. Hence, it would seem reasonable that when a parole violator is returned to the reformatory he may be held there until the end of this maximum term. No credit is given to parole violators from the reformatory for time spent on parole. Effect on eligibility for further parole.—A parole violator may be reparoled from the penitentiary. The right to parole is based upon the terms of the parolee's original sentence and he does not forfeit this right by a parole violation.24 Since the method of parole at the reformatory is based upon the statutory provision for the final termination of the sentences of persons committed there, there is nothing in the law to prevent the institutional authorities from reparoling a violator.25 Final discharge.—In practice a formal discharge signed by the Governor is issued to parolees. A parolee from the penitentiary is granted a final discharge at the expiration of the maximum term of his sentence.26 Parolees from the reformatory are ordinarily required to remain on parole for a year before final discharges are granted to them. A final discharge restores full rights of citizenship. Interstate cooperation.—In 1937 the legislature ratified the interstate compact entered into by Kansas, New Mexico, Wyoming, and Colorado for cooperative effort and mutual assistance in the prevention of crime. Among other things, 23 Id. ch. 48, §§ 549, 558 (f). 24 Opinions Att'y Gen. (Colo. 1929-30) 120. A parole violator must serve 1 year before he is entitled to "trusty good time." 25 An inmate recommitted to the reformatory must earn additional marks to be considered for parole. 28 A parolee, in the absence of violation, is deemed to be serving his sentence and is given credit for good-time deductions during the period of his parole, and his maximum term is thus reduced. Colo. Stat. Ann. (Michie, 1935) ch. 48, 550. this compact provides for the transfer and out-of-state supervision of probationers and parolees.27 EXECUTIVE CLEMENCY Power in Governor.-The constitution of Colorado provides that the Governor "shall have power to grant reprieves, commutations, and pardons after conviction, for all offenses except treason, and except in case of impeachment * This grant of power is subject only to "such regulations as may be prescribed by law relative to the manner of applying for pardons * The Governor is required to report each case of clemency to the next session of the legislature, together with his reasons for granting it." Formerly there existed a board of pardons, a purely advisory body, which consisted of the Governor and four persons appointed by him. This board investigated all applications for executive clemency and transmitted all the information it secured with its recommendations to the Governor. The board was abolished in 1923.* Persons eligible.-The constitution excepts treason and cases of impeachment from the pardoning power. Also the court has held that the power extends only to public offenses, and cannot be exercised to deprive a private suitor of vested legal rights or interests. However, the court has said that contempt of court is "clearly within the scope of executive clemency." 6 Procedure.-As indicated above, the legislature may provide regulations relating to the manner of applying for pardons. The only existing provision on the subject is to the effect that applications for commutation of sentence or pardon must be accompanied by a certificate from the warden showing the prisoner's conduct during confinement, together 27 Colo. Laws 1937, ch. 180. 1 Colo. Const. art. IV, § 7. Ibid. See Colo. Laws 1919, ch. 58. Colo. Laws 1923, ch. 170. Colo. Const. art. IV, § 7. Ea parte Brown, 2 Colo. 553 (1875) (disbarment of attorney for failure to pay over moneys not pardonable at least so long as money remains unpaid). See id. at 555. with "such evidence of former good character as such applicant may be able to produce." s Commutation.-The constitutional grant of power specifically includes power to grant commutations. The legislature has undertaken to provide that the Governor may commute death sentences to imprisonment for life or for a term of not less than 10 years.10 No cases have arisen under this provision, but it would seem that the legislature cannot thus limit the unrestricted power granted by the constitution. Revocation of pardon.-No cases have been found specifically deciding when or by what procedure a pardon or commutation may be revoked. The attorney general has expressed the opinion that an unconditional commutation cannot be revoked by an order of the Governor but that it can be set aside only in a judicial proceeding wherein the person to whom the commutation was issued is given an opportunity to be heard.11 Parole. The Governor also exercises the power of granting and revoking paroles.12 This subject, however, is discussed under the heading of Parole. Effect of pardon.-The constitution provides that a pardon restores all the rights of citizenship,13 and the attorney general has ruled that one released from prison by executive pardon is entitled to vote and to hold office.14 One convicted of crime is not an incompetent witness, but the fact of conviction may be shown to affect credibility.15 Whether a pardon restores credibility has not been decided. A pardon does not preclude disbarment of an attorney for conviction of felony, although proof may be introduced to show that the conviction was unfair and that the pardon had been granted on the ground of innocence.1 16 Colo. Stat. Ann. (Michie, 1935) ch. 131, § 118. The opinion of the trial judge and the district attorney is usually obtained also. 59, Colo. Const. art. IV, § 7. 10 Colo. Stat. Ann. (Michie, 1935) ch. 131, § 117. 11 Opinions Att'y Gen. (1925–26) p. 129. 12 Colo. Stat. Ann. (Michie, 1935) ch. 48, §§ 547, 558 (e). 13 Colo. Const. art. VII, § 10. See also Colo. Stat. Ann. (Michie, 1935) ch. 14. 14 Oinions Att'y Gen. (1933-34) p. 159. 15 Colo. Stat. Ann. (Michie, 1935) ch. 177, § 1; Trackman v. Peole, 22 Colo. 83, 43 Pac. 662 (1896). 10 People v. Burton, 39 Colo. 164, 88 Pac. 1063 (1907); see People v. Weeber, 26 Colo. 229, 57 Pac. 1079 (1899); People v. Monroe, 26 Colo. 232, 57 Pac. 696 (1899); but see Ex parte Brown, 2 Colo. 553 (1875). GOOD-TIME DEDUCTIONS History. A good-time law first was enacted in Colorado by the Territorial Legislature in 1876. A forfeiture clause provided for loss of credited good time for violation of penitentiary rules and regulations. There was little subsequent legislation pertaining to good time until 1921, when changes were made in the provisions dealing with escaped prisoners and authority was given the board of correc 1 The title was: "An act to promote better discipline and encourage reformation in the penitentiary." Under its provisions eligible prisoners were credited with good-time deductions in accordance with the following schedule: Good time credit (months) Sentence served: 1 year- 2 years 3 years. 4 years. 5 years. and 6 months credit for each subsequent year of sentence served. Laws 1876, p. 100, § 1; Colo. Gen. Laws (1877) § 2009. 1 5 6 Colo. Terr. The original act also contained a clause making ineligible such prisoners in the penitentiary who previously had escaped and been returned. Nothing was said about subsequent forfeiture of good time earned by prisoners who escaped and were recaptured. This deficiency in the law was remedied by amendment in 1879. Colo. Laws 1879, p. 146, § 1. In 1905 the board of penitentiary commissioners were empowered to grant "additional good time" to convicts employed on roads and highways, the amount of such good time not being specified. Colo. Rev. Stat. (1908) § 4881. This enactment was repealed in 1921. Colo. Laws 1921, ch. 78, § 5. In 1909 an act was passed providing for the granting of additional good time to convicts who had been designated as "trusty prisoners" by the warden and who were "engaged in work connected with said penitentiary outside the walls Such additional good time was not to exceed 10 days in any 1 calendar month. Colo. Laws 1909, ch. 153, § 1. On April 23, 1917, a prisoner by the name of Blocker escaped from the State penitentiary. He was recaptured the same day. Blocker had begun serving a 12-year sentence September 9, 1911. At the time of his escape he had served 5 years, 7 months and 14 days of his sentence without any goodtime credit. Under the law he would have been credited with 6 months good time for the service of the sixth year of his sentence. In the fall of 1920 Blocker's petition in a habeas corpus action reached the Colorado Supreme Court. On December 8, 1920, that tribunal ordered Blocker's release from the penitentiary. The court contended that at the close of the sixth calendar year of Blocker's servitude, or on September 9, 1917, under the language of the good-time statute, Blocker having served more than 5 years of his sentence was entitled to a deduction of 6 months off of each succeeding calendar year he remained in the penitentiary, contingent of course upon his continued good behavior. Under this ruling Blocker was held to have been entitled to final discharge from the penitentiary as of September 9, 1920. In re Blocker, 69 Colo. 259. 193 Pac. 546 (1920). The 1921 enactment overcame the effect of this decision, through the provision that good time in the case of a returned escapee should be computed as if the prisoner was serving the first year of sentence. Colo. Comp. Laws (1921) § 757. tions in granting "additional good time advances." 5 Various previous enactments were repealed. In 1931 the power to grant additional good time was extended. In 1935 the original schedule of "statutory" good-time deductions was altered for the first time, the change favoring those with light sentences. A new section specifically states that "all time credits" are forfeited for assault on keepers, guarde, etc., and for "threatening or endangering the life of anyUnder the 1935 law administration of both good time and additional good time was placed in the hands of the warden, whereas previously additional good time was granted by the board of corrections.10 There has been no legislation pertaining to good time since 1935. one." Persons eligible.-The 1935 law now in force provides that "every prisoner * who performs * the work duties and tasks assigned to him to the satisfaction of the warden, may be allowed time credit reductions as is hereinafter provided *99 11 66* * * Prisoners whom 5 Colo. Laws 1921, ch. 78, § 3. Laws 1931, ch. 69, § 2. This section was repealed in 1931. Colo. The 1921 legislature repealed the 1905 enactment permitting the allowance of good time to prisoners engaged on highway and road work and restated the "additional good time" law of 1909. Colo. Laws 1921, ch. 78, § 5. The "additional good time" statute enacted in 1909 and restated in 1921 had made provision for the granting of up to 10 days good time in any 1 calendar month to "trusties" employed on certain classes of work "outside of the walls" of the penitentiary only. The 1931 enactment made it possible also to grant this good time to trusty prisoners employed "within" the walls of the penitentiary. The board of corrections was further empowered by the 1931 statute to grant additional good time "not to exceed 3 days in any 1 calendar month to trusty prisoners engaged in productive and constructive work This over and above the 10 days referred to in the section. It is interesting to conjecture upon the relation of this new "good-time" legislation and the Colorado prison riot of 1929 in which several guards lost their lives. Colo. Laws 1931, ch. 69, § 1. Colo. Laws, 1935, ch. 101, § 2. Previously good time had been forfeited on a graduated scale, the amount of the deduction depending more upon the number of offenses committed against prison "rules and regulations" rather than upon the gravity of the offense. 10 Colo. Laws 1921, ch. 78, § 3; id. 1921, ch. 69, § 2; Colo. Laws 1935, §§ 1 (a), 1 (b). 11 Colo. Laws 1935, ch. 101, § 1 (a). 73115-39-VOL, I—14 |