The director of probation and parole is appointed by the department of welfare.21 His qualifications for office are not defined by the statute, nor is there any statutory limitation on his term. His duties are of a general supervisory nature, his chief function being to regulate, check, and administer the activities of field workers designated as probation and parole officers.22

A limited number 23 of probation and parole officers are appointed by the director of probation and parole subject to the approval of the department of welfare. Their work consists of investigating cases referred to them by the board of welfare; furnishing a statement of the conditions of the parole and instructing the parolee concerning the same; keeping informed concerning the conduct of persons on parole and making reports to the board of welfare; keeping records of his work, and accounts of all moneys collected from persons during supervision; and making such reports to the director of probation and parole as he may require.25

The statute provides for two officers bearing the title "employment agents." 20 It is their principal duty to procure employment for prisoners in advance of their release on parole and generally to assist parolees in adjusting themselves after they have entered into employment. Employment agents are required under the statute to furnish general reports as to the welfare and surroundings of parolees, but it would appear that duties of this latter nature have

21 The appointive body is designated in the department of public welfare." Id. § 979b-9. apparently abolished and supplanted by the $ 4618-163, 4618-101.

statutory compilation as "the However this department was "department of welfare." Id.

Id. 979b-9. The director of probation and parole must devote full time to his work, and receives a salary of not more than $3,000 per year.

The 1936 act limits the number of parole officers to one for each judicial district. Id. § 979b-10. Thirty-eight are authorized for the entire State. The Prison Labor Problem in Kentucky, op. cit. supra note 14, at 4.

24 Probation and parole officers must have established eligibility for the posttion by meeting certain qualifications prescribed by the direction and by passing a competitive examination. Ky. Stat. (Carroll, 1936) § 979b-9. Their salaries must not exceed $1,800 per year plus travel and other necessary expenses. Id § 979b-10.

Id. 979b-11.

Id. § 3828-8. There are at present no employment agents to work with the board. Their services were discontinued because of lack of funds.

devolved upon the probation and parole officers under the 1936 act.2

27

In the houses of reform for boys and girls, parole is also administered by the welfare board,28 acting through its duly appointed agents.

At the Jefferson County Children's Home, the administration of parole devolves upon the board of that institution.20

Persons eligible for parole.-Eligibility for parole in Kentucky is based solely upon the prisoner's sentence and the period of confinement which he has undergone in the penal institution. When the prisoner's sentence or sentences total 10 years or less, he may apply for parole when he has been confined for one-half of the period or periods of sentence imposed by the court. If his sentence or sentences amount to more than 10 and not more than 21 years, he may apply after serving at least 6 years. Those who have been sentenced for more than 21 years or for life cannot apply until 8 years of confinement have elapsed.

30

Boys and girls in the reformatories who have been committed by a court other than a circuit court are eligible for parole according to the terms of rules which may be prescribed by the board of welfare. Minors who have been so

Id. 979b-11.

31

28 Id. 2095c-2. Again, the paroling body is described in this section as the "State board of charities and corrections." As heretofore noted, the board was abolished several years ago, and its powers and authority have been transmitted to the present department of welfare.

In 1922 a statute was enacted providing that delinquent children could be released from the houses of reform only upon arriving at the age of 21 years, or upon being discharged or paroled by the State board of charities and corrections. Id. 2095c-2. This statute was in all probability enacted for the purpose of taking away from the county courts the power to order a delinquent child returned to its home, which power had been established under the ruling in the case of Sullivan v. State Board, 193 Ky. 330, 236 S. W. 252 (1931).

29 Ky. Stat. (Carroll, 1936) § 938b-9.

80 Id. § 3828-2. Certain deductions on sentence by reason of good behavior are provided for by statute. Id. § 1136a. "It has been held that in determining the date of parole eligibility, calendar or flat time must be considered, and that no credit shall be given on parole eligibility by way of deduction for good behavior." Report of the Department of Public Welfare (Ky. 1935) 31.

a Ky. Stat. (Carrell, 1936) § 2095c-3. Here the board is also named in the statute as the "State board of charities and corrections."

"Fifteen months with a good record has been fixed by a rule of the board as the minimum period of service before an inmate can be released by parole, except that in extraordinary cases and under certain conditions, parole con

committed by a circuit court are eligible in the same manner, but their parole must be approved by the Governor.32 At the Jefferson County Children's Home eligibility rests solely in the discretion of the board of that institution.83

For a few years the Kentucky law provided for an indeterminate sentence. At the present time, however, this type of sentence does not exist in the State. The law, providing for indeterminate sentences, was repealed in 1916.85 The present law provides that the jury by whom the offender is to be tried shall fix by their verdict the punishment to be inflicted, which punishment is to be within. the periods prescribed by law.30

Method of application for parole. The prisoner who is eligible for parole must file his application for such with the department of welfare. The time at which application for parole may be made corresponds exactly with the time at which the prisoner becomes eligible for parole; that is, after the prisoner has served one-half of his sentence, 6 years, or 8 years, as the case may be, according to the actual period for which he was sentenced to a penal institution within the State.88

No statutory provisions indicate the time within which an application for parole must be made by a minor held in one of the houses of reform if such application is in fact required. This matter depends entirely upon the rules of the welfare department.39

sideration by the entire board may be had in 6 months." Report of the Department of Public Welfare (Ky. 1935) 31.

An indeterminate sentence imposed after repeal of the indeterminate sentence law is regarded as a judgment of conviction for the minimum period only. Such judgment is voidable and subject to reversal on appeal. Smith v. Bastin, 192 Ky. 164, 232 S. W. 415 (1921).

35 Albritten v. Commonwealth, 172 Ky. 274, 189 S. W. 204 (1916). A convict whose punishment was fixed at confinement in the penitentiary for life at the time the indeterminate sentence law was in effect could be paroled by the board after being confined 5 years and establishing good conduct. The authority of the board to parole was conferred by the former parole laws of 1888 and 1900. Board of Prison Comm'rs v. De Mo88, 157 Ky. 289, 163 S. W. 183 (1914).

Ky. Stat. (Carroll, 1936) § 1136.

37 Id. & 3828-2. The recipient of such application is still described in the code as the "board of prison commissioners."

as Id.

3828-2.

19 Id. 2095c-3.

Hearing: Prior investigation.-As to prisoners in the State penitentiary and the State reformatory, the board first considers whether the application for parole is reasonable and timely. In this respect it has wide latitude, for the statute makes the granting of parole entirely optional with the board. The board has power to establish rules and regulations relative to the demeanor of inmates of penal institutions, and may require a record of the prisoner's conduct and deportment from the warden. At the time it considers the granting of a parole it ascertains from the warden's records whether or not the prisoner's conduct has been meritorious for such a period of time as is deemed reasonable prior to the filing of the application. An investigation regarding the applicant's future employment, or future home, as the case may be, is conducted. The prisoner's previous life and adaptability to reform are also prime considerations.40

In the reform schools the nature and extent of investigation prior to parole depends entirely upon the rules formulated by the board.11

Hearing: Disposition.-If, after a thorough consideration of the prisoner's application, the board wishes to have the parole granted, it issues a report in writing to the Governor, stating the facts required by the statute as to their investigation, together with their reasons in favor of granting the parole. If the Governor approves, a certificate of parole is issued to the prisoner. 42

The warden of the penitentiary and superintendents of the reformatory and houses of reform must notify the Commonwealth's attorney of the district, the county attorney and sheriff of the county, and the chief of police of the city to which the convict was released, of the release of any inmate from confinement, his residence, and the name of the person to whom he was released.43

Conditions for parole.-Before an adult male prisoner may be paroled he must have employment sufficient to sustain him. Such employment must be evidenced by a written

contract of at least 6 months' duration with a reputable firm or person." If the parolee is under 16, or a female, no employment contract need be obtained before parole is granted, but a home for the parolee must be procured in a reputable family, or an apprenticeship must be obtained with a reputable person or firm under a written contract for proper support and moral supervision. Surety for performance of such contracts may be required by the board in its discretion. If the prisoner's estate is sufficient to render him selfsustaining no contract for employment is necessary.1

45

Upon release on parole, the Commonwealth, at its own expense, must supply the prisoner with a suit of clothes, transportation to his employment within the State, and $5 in cash.40

Unless the certificate of parole provides otherwise, the parolee may take up residence wherever he desires."7

Supervision.-Under an act adopted in 1936, the supervision of parolees was considerably broadened. Probation and parole officers, under the supervision of the director of probation and parole have power to investigate all cases referred to them. They are required to supervise generally such parolees and to report to the department of welfare.18

By statute the parolee is required to supply such written reports as may be required by the board, either to the warden, superintendent, or chief executive officer of the institution from which he was paroled. However, the probation and parole officers may also require written reports from parolees.50 No exact form for the report to the parole officer

44 "The applicant must have a record of good conduct in prison and assurance of employment at a self-sustaining wage. Such employment must be evidenced by a written contract for six (6) months' employment. Applicants for parole under the age of sixteen (16), or women, are excepted from the contract of employment requirement, providing they have a good home or if they have sufficient income to support themselves. It thus appears that under the parole law inequities exist which considered with the contract of employment requirement appear to make the operation of the law harsh and inadequate. Therefore, it is suggested that legislative enactment is necessary to enable a proper parole system to be instituted." The Prison Labor Problem in Kentucky, op. cit. supra note 14, at 4.