Notice of the proposed application must be given by newspaper publication in the county of conviction for 3 weeks prior to the date of hearing. But the Governor may dispense with notice or publication "when, in his judgment, justice or humanity requires it.” 18 Procedure: Hearing.-The board must give "a full hearing to each application * allowing representation by counsel." It, however, "shall in no case assume to act as a court of review" but "shall confine itself to a hearing and consideration of those matters only which properly bear upon the propriety of extending clemency." 15 The Governor may directly hear an application for reprieve in the case of a death sentence where time does not permit an investigation by the board.10 Effect of pardon.-Any person who has been convicted of a crime punishable by imprisonment in the penitentiary is not permitted to vote unless he has been pardoned." But the Governor may grant to "any person that has been, now is, or may be hereafter confined in the penitentiary, reformatory, or correctional institution" a certificate of restoration to citizenship.18 It has been held that a certificate of restoration has the effect of a pardon, thus restoring to a convicted person the right to a police fund pension forfeited because of conviction.19 By dictum it has been said that a full pardon from the President removes the disqualification to hold the office of city alderman.20 However, a pardon does not efface the moral turpitude and want of professional honesty shown by conviction of crime so as to qualify one to be a member of the bar.21 On the other hand, the fact that an Illinois attor 13 Ill. Rev. Stat. (Smith-Hurd, 1935) ch. 1041⁄2, §§ 2, 7. 14 Id. ch. 1042, § 9. 15 Id. § 10. 10 Id. § 11. 17 Ill. Rev. Stat. (Smith-Hurd, 1935) ch. 46, § 72. It is a felony for any person who has been convicted of bribery, felony or other infamous crime, and not pardoned, to vote or offer to vote. Id. § 263. 18 Id. ch. 108, § 49. Prior to this statute, and under a statute expressly disqualifying persons convicted of an infamous crime, it was held that a pardon did not restore citizenship. Foreman v. Baldwin, 24 Ill. 298 (1860). 1 People ex rel. Stine v. City of Chicago, 222 Ill. App. 100 (1921). 20 Hildreth v. Heath, 1 Ill. App. 82 (1878). People v. Gilmore, 214 Ill. 569, 73 N. E. 737 (1905). ney had been convicted in another State and later pardoned prior to admission in Illinois, is not, as a matter of law, ground for disbarment.22 GOOD-TIME DEDUCTIONS History. In 1863 the Illinois legislature passed an act relating to the government and discipline of the State penitentiary and provided for good-time deductions at the rate of 1 day for the first month, 2 for the second, 3 for the third, and 5 days for each subsequent month.1 In 1869 the schedule was revised so as to permit a deduction graduated from 30 days for the first year to 370 days for the thirty-fifth year. The 1872 legislature proved somewhat more liberal on all sentences less than 28 years; the credits were limited to 1 month for the first year, an additional month for each subsequent year up to the sixth, and 6 months for each year thereafter. This law also provided that separate sentences should not be construed as one continuous sentence in computing the good-time deductions, but in 1874 an amendment was passed directing that separate sentences be construed as one continuous sentence in the granting or forfeiting of good time.* The 1872 law remained in force until 1925; in that year the statutory schedule was repealed and the department of public welfare was authorized and directed "to prescribe reasonable rules and regulations for the diminution of sentences on account of good conduct, of persons who are con fined in the State penal and reformatory institutions." " Pursuant to the law of 1925 the department of public welfare on September 21, 1926, issued an order directing that good time be computed as theretofore." 22 People v. Coleman, 210 Ill. 79, 71 N. E. 693 (1904). 1 Ill. Laws 1863, p. 63. 2 Ill. Laws 1869, p. 101. The deduction cumulated at the rate of 10 days per year. Thus on a sentence of 35 years, assuming the convict earned the maximum credit each year, the total deduction would be 7,000 days; in other words, a convict sentenced to 35 years might earn his release in a little less than 16 years. Ill. Laws 1872, p. 294. Thus on a sentence of 28 years the 1872 schedule permitted a deduction of 153 months or about 4,590 days; under the 1869 schedule the same sentence carried a deduction of 4,620 days. But on all sentences less than 28 years the 1872 schedule was more liberal. Ill. Laws 1874, p. 127. Ill. Laws 1925, p. 502. • Rules and Laws Governing Pardons and Paroles (Ill. 1928) p. 29. In addition to the good-time law Illinois has had a progressive merit system since 1920.7 By whom administered. The department of public welfare is empowered to adopt rules and regulations in regard to both the granting of good time and progressive merit credits. The computation of good time is directed to be computed according to the law of 1872 subject to the approval of the division of pardons and paroles. The actual administration of good time is, however, in the hands of the wardens of the various institutions. Persons eligible.-All convicts confined in the Illinois penal institutions are eligible for good-time deductions, if they have no infractions of the rules or regulations of the penitentiary or laws of the State recorded against them, and if they perform in a faithful manner the duties assigned to them.10 All prisoners confined in the penitentiary are subject to examination and classification according to the progressive merit system." Life prisoners are not entitled to any good-time allowances.1 12 Amount of deduction.-The amount of deduction for good conduct is 1 month for the first year, an additional month for each subsequent year up to the sixth, and 6 months for each year thereafter. It is provided, however, that in no case may any good time be computed to reduce the minimum sentence recited in the mittimus upon which the prisoner is received.13 The Prison System in Illinois (1937) p. 78. Ill. Laws 1872, p. 294. Rules and Laws Governing Pardons and Paroles (1928) p. 29; The Prison System in Illinois (1937) p. 78. • Rules and Laws Governing Pardons and Paroles (Ill. 1928) p. 29. 10 Ill. Laws 1872, p. 294. Rules and Laws Governing Pardons and Paroles (Ill. 1928) p. 29. "The Prison System in Illinois (1937) p. 79. 12 Notation, Division of Pardons and Paroles, August 11, 1937. 13 Ill. Laws 1872, p. 294; Rules and Laws Governing Pardons and Paroles (Ill. 1928) p. 29. Insofar as indeterminate sentences are concerned, inasmuch as time is no longer fixed in advance, good-time allowances are meaningless. The parole board may allow all or none of the difference between the minimum and the maximum provided by statute for the crime for which convicted. Id. at 30. It is error for the trial court to permit the State's attorney over objection of defendant to call to the attention of the jury the good-time law and insist that it be considered in fixing the term of imprisonment. Farrell v. People, 133 Ill. 244, 24 N. E. 423 (1890). It is provided that separate sentences be construed as one continuous sentence for the purpose of granting good-time deductions. Ill. Stat. Ann. (Jones, 1936) 37-820. Prisoners in the county jails are entitled to the following deductions (Ill. Stat. Ann. (Jones, 1936) § 69-30): 1 month's sentence, 2 days; 2 months' sentence, Forfeiture.-Prisoners guilty of violation of penal rules or of State law are required to forfeit for a first offense 2 days of any accrued good time; for a second offense, 4 days; for a third offense, 8 days; for a fourth offense, 16 days. For more than four offenses the warden, in his discretion, is authorized to deprive a prisoner of any part or all of the good time that the prisoner may have earned, but not less than is provided for the fourth offense.14 Progressive merit system.-Under the progressive merit system which has been adopted by the department of public welfare, all prisoners received from courts at the Illinois State Penitentiary are subject for examination and classification based on their physical needs and their individual qualifications. The grades are five in number, and are designated as A, B, C, D, and E. The rules for promotion from one grade to another are governed by the behavior and industrial efficiency of the prisoner. The advantages and penalties attached to each of these grades are as follows: Grade A, gain of 10 days as extra good time for each month in this grade; grade B, gain of 5 days as extra good time for each month in this grade; grade C, "flat time." No loss or gain while in this grade; grade D, a penalty of 5 days added to each month while in this grade; grade E, a penalty of 10 days added to each month while in this grade. Each prisoner is put into grade C upon entering the prison and is eligible for promotion after a period of 3 months. No advancement from one grade to the next can be earned in less than a period of 3 months. The penalty clause, however, carrying with it a reduction to a lower 4 days; 3 months' sentence, 6 days; 4 months' sentence, 8 days; 5 months' sentence, 10 days; 6 months' sentence, 12 days; 7 months' sentence, 15 days; 8 months' sentence, 18 days; 9 months' sentence, 21 days; 10 months' sentence, 24 days. Inmates of city houses of correction, if committed for 6 months or more, are entitled to a deduction of days per month for each month the rules are obeyed. Ill. Stat. Ann. (Jones, 1936) § 62-16. Inmates of the State house for juvenile offenders are entitled to a deductiton as follows: Each month in the first year, 5 days; each month in the second year, 6 days; each month in the third year, 7 days; each month in the fourth year, 8 days; each month thereafter, 9 days. Violation of rules entails forfeiture of 5 days good time. Ill. Stat. Ann. (Jones, 1936) § 19-159. 14 Ill. Laws 1872, p. 294 grade and extra loss of time, is invoked at any time that the conduct of the prisoner justifies such action. When a prisoner is demoted to grade D or to grade E, he not only is penalized for the extra days per month as outlined above, but he also loses all good time previously earned in grades A and B before his demotion. When a prisoner is demoted, he serves 3 months in the grade to which he is demoted for each grade dropped. The extra days which are provided as a penalty for demotion to the lower grades-10 days per month for grade E, and 5 days per month for grade D-must be worked out or cancelled in grade C. When the prisoner is advanced to that grade, this penalty is absorbed day by day during his stay in grade C, but the minimum stay in grade C must not be less than a 3-month period.15 When a prisoner escapes from the institution while he is in grade A, all former orders in his case are revoked on account of the escape and he is continued to make grade. He is demoted to E grade and must spend 12 months in this grade (3 months for each grade dropped) before he is promoted to grade D. After his promotion to grade D, the regular rate of advancement for each following grade is 3 months until grade C is reached. He is required to serve his regular 3 months in grade C and, in addition, must serve, day for day, the 120 days' penalty for his 12 months in grade E (10 days for each month) and the 15 days' penalty for his 3 months in grade D (5 days for each month); therefore, he will spend 72 months in grade C, and it will mean service of 282 months, with good conduct, before the prisoner who escapes will be permitted to appear before the parole board. The forfeit of all good time previously earned, when a prisoner is demoted to grade D, or grade E, requires that the time earned after gaining grade be figured from the date of making grade A and the date of the final grade given.18 15 As in the granting of good-conduct credits, good time allowed under the progressive merit system rules cannot operate to reduce the minimum time fixed by statute. 10 The Prison System in Illinois (1937) pp. 78-80. |