must, near the last day of each month, make a full and truthful written report on a prescribed form sent him by the institutional parole officer, submit it to his parole adviser, who certifies to it, and return it to the office of the parole board on or before the sixth day of the following month." " The parolee must obey the conditions of his parole and "all laws and must report directly to his parole advisor or parole officer any arrest or any serious difficulty in which he becomes involved. Even if a detainer awaits him in another jurisdiction, and he is paroled to that jurisdiction, he must send in his monthly reports certifying his obedience to the rules of the institution or state to which he has been released. * * Before being released, the parolee is instructed in the conditions of his release by the institutional parole officer. He must then append his signature to the certificate of parole, certifying his willingness to abide by the conditions listed thereon. Immediately following his release, the parolee reports to his parole advisor, who has the parolee sign an 'arrival card,' to which he also adds his signature, the card being returned on the same day to the institution. The parolee also visits the parole office on his arrival in the city and makes his first report." 28

The board has entered into formal arrangements with New York and several other States regarding the supervi sion of parolees of one jurisdiction who are allowed to go into another.

The effect of an act passed in 1932 is to place convicts released prior to the expiration of their minimum terms because of good conduct deductions under supervision until the expiration of their maximum terms. Persons affected by this section are those serving over 1 year who have not made application for parole or who for some reason have been denied parole. Formerly, the supervision of persons released in accordance with the provisions of this section was in most cases delegated to a private agency. A number of these persons whose terms have not expired remain

"Nolan, op. cit. supra note 76, at 56-57. 28 Ibid.

under the supervision of such an agency. However, all persons now released are placed under the supervision of a parole officer.20

Procedure on violation.-"If at any time during the parole period, even to the last day, any member of the board has reliable information that the parolee has not abided by the conditions imposed, the board member may have a warrant issued for his recapture. Any misdemeanor wherein the parolee is brought before the court for fine or short imprisonment is considered a violation of parole, and he is returned to the institution. At the first hearing of the board, following his return, the parolee is given an opportunity to explain the cause of his return, and after such an explanation the board may release the parolee again into the community, may revoke his parole, or may modify its terms in any manner it deems advisable.” 30

Recommitment: Effect on original sentence.—If the parole is revoked the parolee serves the portion of his sentence which was unexpired at the time parole was granted. He is given no credit for the time he was at liberty on parole.31

31

20 It was provided that any prisoner sentenced for more than 1 year who serves the term or terms to which he was sentenced after July 29, 1932, "less deductions allowed therefrom for good conduct, 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: Provided, That this section shall not operate to prevent delivery of a prisoner to the authorities of any State otherwise entitled to his custody." 47 Stat. 381 (1932); 18 U. S. C. § 716b (Supp. 1936). It has been the practice of the board to apply this provision only to prisoners sentenced for 1 year or more.

80 Nolan, op. cit. supra note 76, at 56-57. According to a statement made by Hugh F. Rivers, secretary of the board of indeterminate sentence and parole, to a member of the survey staff on April 12, 1937, the board has now varied its practice so as to permit a parolee to leave the District for a period of not more than 4 days with the permission of both the secretary of the board and the chief parole officer. If a parolee desires to leave the District for a longer period, he must secure the permission of the board. Mr. Rivers also stated that in certain cases when a parolee is convicted of a misdemeanor of a less serious nature, such as the minor violation of a traffic ordinance, the board refrains from exercising its power to revoke his parole. "The board exercises freely its right to issue warrants and does not hesitate to return a prisoner to the institution if it believes him guilty of a flagrant violation of his parole conditions. The warrant is thus used as an instrument for strengthening the parole system by holding the prisoner to strict accountability. In the case of minor violations it is the policy of the board to rely rather on persuasion than on a policeman." 1 D. C. Code (Supp. 1935) title 6, § 456.

Recommitment: Effect on eligibility for further parole.The board may later grant a new parole to a prisoner in the event that it deems such action advisable.32

Final discharge.-Parolees sentenced before July 29, 1932, are entitled to final discharge at the expiration of their maximum sentences less good time; those sentenced since that date are not entitled to any good-time deduction.33

The board has adopted a rule which provides that "a person who has been released on parole who has completed his term under parole supervision and who has fulfilled all the requirements and conditions thereof shall be entitled to discharge." A person who has so completed the service of his sentence is issued a formal certificate of discharge.

EXECUTIVE CLEMENCY

The only pardoning power in the District of Columbia is that of the President, discussed under "United States." 1

GOOD-TIME DEDUCTIONS

History. The good-time law of the District of Columbia was passed in 1901 and remains substantially the same today as when it was first passed. The only change occurred in 1911 when the jail of the District and the Washington asylum and jail were combined into one institution, and the administration of good-time deductions was placed under the control of the newly created superintendent.2

The District good-time law applies to both the jail and the workhouse. The Federal good-time law, however, applies to the reformatory at Lorton.3

By whom administered.-The immediate administration of good-time deductions at the District jail and at the District workhouse is in charge of the resident superintendents

82 Ibid.

83 D. C. Code (Supp. 1935) title 6, § 454.

Rules and Regulations, Board of Indeterminate Sentence and Parole (1934) rule 19.

1 See ante, pp. 24-36.

131 Stat. 1341 (1901).

236 Stat. 1003 (1911).

See Good-Time Deducations, Federal. The reformatory at Lorton is a District of Columbia institution but its prisoners are Federal prisoners.

of those institutions. The decisions of the resident superintendents are, however, subject to the approval of the general superintendent of penal institutions in the District who is located at the District Reformatory at Lorton, Va. Administration at the reformatory is by the general superintendent there."

Persons eligible.-All persons sentenced to imprisonment in the jail or in the workhouse of the District and confined there for a term of 1 month or longer, who conduct themselves so that no charge of misconduct is made against them, are entitled to good-time deductions."

Amount of deduction.-The amount of deduction at the jail and workhouse is 5 days a month."

Forfeiture.-Good time is forfeited at all three District penal institutions for serious violations such as escape, assault with weapon, intoxication, sex offenses." The amount forfeited may be the whole allowance or any part of it, that earned before the offense or that to be earned after it. Declaration of forfeiture is in the discretion of the resident superintendent at the jail and workhouse, but the exercise of this discretion is subject to correction by the general superintendent of penal institutions.8

The general rule-making power at the reformatory is in the hands of the general superintendent. His regulations are subject to the approval of the welfare department of the District. The superintendent, however, is primarily responsible for the enforcement of these rules.

The allowance of good time deductions is automatic. In fact, the deductions at the District Jail are made before the sentence is begun. The matter of administration, therefore, resolves itself into a matter of forfeiture of good time deductions.

D. C. Code (1929) title 6, § 405. For persons eligible at the Lorton Reformatory, see Good-Time Deductions, Federal.

D. C. Code (1929) title 6, 405. For amount of deduction at the reformatory see Good-Time Deductions, Federal.

See Rules and Regulations, D. C. Reformatory (Lorton, 1935) p. 5.

Up to July 26, 1937, it was the practice for the resident superintendent of the District jail to use his discretion in forfeiting prisoners' good-time deductions without approval of any other official. Although the general superintendent had the power to disapprove the decisions of the resident, he rarely exercised it, since forfeitures were not brought to his attention in any systematic formal way but only incidental to reports made in special cases. On July 26, however, the general superintendent promulgated an order to all resident superintendents to the effect that from that date all cases considered by the resident superintendent to be serious enough for disciplinary action were to be submitted for investigation to a board of three prison officials, one of whom was required to be the prison physician. The board of three was by this order required to hold a hearing and allow the prisoner to answer in writing by way of defense. The board was required

Restoration.-Lost credits at the reformatory may be restored by the general superintendent there. Credits at the District jail are rarely restored because the length of sentence there is generally short and the amount of deduction so small as not to justify a restoration.

EXPIRATION OF SENTENCE

Formalities of release.-Discharge upon expiration of sentence is authorized by the superintendent at the District jail by signing a daily expiration list. Discharges at the reformatory are also entered in an expiration record. When prisoners are discharged for good conduct by virtue of good-time deductions, the superintendent issues a certificate which goes to the judge making the commitment for the latter's signature. A prisoner thus cannot be released for good conduct without the judge's approval. It is the duty of the judge to write in the docket of his court, across the face of the commitment of the person to be discharged for good conduct, a notation to that effect.1

When prisoners are released from the reformatory, the local police and the District jail are notified.

Discharge gratuities.-Prisoners released from the District jail receive no gratuity whatever. Prisoners discharged from the reformatory at Lorton receive upon discharge a suit of clothes, shoes, overcoat in winter. They also receive $10 in cash and their earnings.

FLORIDA

SUSPENSION OF SENTENCE

Suspension of sentence at common law.-The courts of Florida may suspend imposition of sentence.1

to make recommendations to the superintendent who could still exercise his discretion in acting on this recommendation. Reports were to be made regularly to the general superintendent. General Order No. 3, General Superintendent of Penal Institutions, District of Columbia.

0 Although the amount of deduction at Lorton Reformatory is according to the Federal good time law since the prisoners there are Federal prisoners, credits are not restored pursuant to the Feiral law because the institution is not a Federal institution. See Good-Time Deductions, Federal.

1 D. C. Code (1929) title 6, § 405.

1 Ingram v. Prescott, 111 Fla. 320, 149 So. 369 (1933); Carnagio v. State, 106 Fla. 209, 143 So. 162 (1932); Ex parte Williams, 26 Fla. 310, 8 So. 425