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fuse the parole.24 Ordinarily an applicant does not appear personally before the board.

The "board may call upon any judge, or solicitor, or other public officer of the State for any information or recommendation which may seem to them necessary or advisable in their consideration of any application so referred to them, and the person so called on shall furnish the same forthwith." 25 The Governor is directed to have entered in a special record book his reasons for his action in connection with the granting or refusal of a parole, and he must preserve on file all of the documents upon which he based his determination.26 He must make a report to the legislature at each session concerning each of the paroles which have been granted by him.27

No provision is made by statute for a hearing or for personal examination of a prisoner prior to release by the board of pardons under the provisions of the indeterminate sentence laws. The warden of each prison is required by law to cause to be kept a full and accurate record of each prisoner there confined under an indeterminate sentence. This record must include "a biographical sketch covering such items as may indicate the causes of the criminal character or conduct of the prisoner, and also a record of the demeanor, education, and labor of the prisoner while confined in such prison." 28 Whenever a prisoner is transferred from one prison to another a copy of his record or an abstract of it is transferred with him.29

Upon expiration of a prisoner's minimum term, the warden sends this record to the board of pardons. If, "from such record, the board of pardons is of the opinion that such person will remain at liberty without violating the law, then said board of pardons shall authorize the release of such person upon parole.80

The board of pardons holds regular monthly meetings for the submission and hearing of applications on the second

24 Ibid.

25 Id. § 2780.

20 Id. § 5127.

27 Ala. Const. art. V, § 124.

28 Ala. Code Ann. (Michie, 1928) § 5269.

20 Ibid.

30 Ala. Code Ann. (Michie, Supp. 1936) § 5270.

Tuesday of each month. No final action in any case is taken on this day. According to the printed rules of the board, however, all applications are supposed to be finally cted upon within 2 weeks after submission "unless continued at the request of a party interested," but no case is to be continued for more than 60 days after submission.31 It is not the policy of the board to grant special meetings on parole cases except in extraordinary emergencies.

Conditions for parole.-In granting parole the Governor may prescribe the terms of release.32

The board of pardons is authorized to fix the conditions upon which its paroles may be granted and revoked.

Upon release from prison a parolee is entitled to receive a "decent suit of clothes and money sufficient to enable him to reach his destination, not exceeding $10." If the parolee is sick at his parole date, he must not be discharged except at his own request.83 In addition to clothes and transportation expenses, a parolee must be allowed $10 in cash if his term does not exceed 5 years, and if his term does exceed 5 years, he must be allowed $10 plus a sum in cash at the rate of $2 per year for each additional year or fractional part of a year of not less than 6 months which he has served. However, where parole or pardon is granted to a person who has already been granted a parole conditioned upon payment of court costs or a temporary parole and who is not in the penitentiary, "no clothes shall be furnished him nor money paid to him." 35

Acceptance. The convict may accept or reject parole by the Governor with the conditions on which it is offered to

$1 Rules of the Board of Pardons (Ala. 1931) "5. No. application for parole or pardon will be reconsidered within 6 months after recommendation on same by the board of pardons, and then only after the application has been readvertised and proper proof furnished." Ibid.

"Ala. Code Ann. (Michie, 1928) § 5132. It is provided that in misdemeanor cases "the Governor, in his discretion, may grant a pardon or parole with or without the payment of the court costs in the case and either with or without a formal application being made therefor; and either with or without notice of intention to apply for pardon or parole being given as is now provided by law." Also "in all misdemeanor cases where parole has heretofore been granted conditioned upon the payment of court costs, or where temporary parole has been granted, the Governor may, in his discretion, give a pardon or permanent parole either with or without the payment of the court costs." Id. (Michie, Supp. 1936) § 5133 (1).

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him. "A parole, like every other pardon, is subject to rejection or acceptance by the convict. He has an unfettered election in that regard, and the executive order is not effective or operative until it has been accepted by him. If he prefers to serve out his sentence, as originally imposed upon him, to a suspension of it by subjecting himself to the conditions nominated in the parole, he has the clear right to do so. But if he elects to accept the parole and avails himself of the liberty it confers, he must do so upon the conditions upon which alone it is granted to him.” 30

Supervision. Since the establishment of the parole bureau, when a convict is released on parole by the Governor he is under the supervision of the one parole agent of the bureau. He must make monthly reports to the bureau on blanks supplied by this agent, giving a detailed account of his work and conduct for the previous month, and each of his reports must be attested by a sponsor. The parole agent visits the parolees at irregular intervals.


A prisoner who is granted a parole by the board of pardons remains in the legal custody and under the control of the warden of the prison from which he is released. board of pardons has no parole officers engaged in the supervision of parolees released by it. Each parolee is instructed to file monthly reports at the prison from which he is released.

Procedure on violation of parole.-In Fuller v. State the court said that one of the conditions of parole is that the sentence continues "in fieri, and that the government shall have the power to execute it in full upon him should he forfeit the liberty and immunity conditionally secured to him by the executive order." 38 If a parolee violates the conditions of his parole, even after the expiration of the term for which he was sentenced, he may be rearrested upon an order of the Governor and returned to prison without a hearing to serve that portion of his sentence which remained unserved at the time of his release.39

36 Fuller v. State, 122 Ala. 32, 38, 26 So. 146, 147 (1898).

Ala. Code Ann. (Michie, Supp. 1936) § 5270.

38 122 Ala. 32, 38, 26 So. 146, 147 (1898).

20 Ala. Code Ann. (Michie, 1928) § 5133,

If a convict who has been granted a temporary parole upon its expiration willfully fails to return to the place of custody designated by the officer in granting the parole, he must, on conviction of this offense, be reimprisoned for an additional term of not less than 3 months or more than 1 year.10


When a person confined under indeterminate sentence has been paroled by the board of pardons, the warden of the prison in which he was formerly confined, or any member of the board of pardons, may deal with him upon violation of his parole. In such cases of violation either the warden or a member of the board of pardons "may issue a warrant for the arrest of such prisoner at any time prior to the expiration of the maximum period for which such person may have been confined in the penitentiary, which time shall be specified in the warrant." The warrant operates as a revocation of the parole and may be executed by any officer authorized to serve criminal process. Officers are directed to execute the warrant by taking the parolee into custody and imprisoning him in the county jail of the county in which he is arrested until he is removed by the warden of the penitentiary. The officer executing the warrant must notify the warden of the penitentiary. The warden must then remove the parolee to the prison from which he was paroled.42

A parolee who has been reincarcerated may, at any subsequent meeting of the board of pardons, make application for investigation of his case. If no application for investigation is made, or if, after consideration of the case, the board decides that the prisoner has been delinquent, he is kept in prison for a period equal to his unexpired maximum term of sentence, unless sooner released on parole or pardon. If the board decides that the prisoner has not violated the conditions of his parole, it may order his release upon the terms of his original parole or upon such other


40 Id. 4012. In the years 1934 and 1935 there was an average per year of 70 parole revocations by the Governor.

41 Ala. Code Ann. (Michie, 1928) § 5271.

42 Id. § 5272.

43 Id. § 5273.


terms as it may prescribe." The parolee may, of course, be subsequently arrested if the warden or a member of the board has reason to believe that he has violated the conditions of his parole. In many cases required monthly reports are not filed by parolees, but the board seldom revokes for that reason. Paroles are usually revoked by the board only where the parolee has been convicted of a new crime. Recommitment: Effect on original sentence.-If a parolee is recommitted for violation of a gubernatorial parole he may be held for that portion of his sentence which remained unserved at the time of his release.46 A parolee recommitted for violation of a parole by the board of pardons must serve that portion of his maximum term which remained unserved at the time his parole was revoked. He is given credit for the time he was on parole prior to its revocation.47

Recommitment: Effect upon eligibility to further parole.Parolees who have been recommitted for violation of parole by the Governor are frequently reparoled as a matter of practice. However, there is statutory authority for the reparole of one who has been recommitted for violation of a parole by the Board of Pardons.48

Final discharge.-A convict who has been granted parole by the Governor can secure a final discharge only by pardon.49 A convict who has been granted parole by the board of pardons remains under the conditions of his parole until the expiration of his maximum term.50 No provision has been made for his formal discharge.


Power in Governor with advisory board.-The constitution of Alabama vests the Governor with power "to remit fines and forfeitures, under such rules and regulations as

44 Ibid.

45 Ala. Code. Ann. (Michie, 1928) § 5274.

46 Id. (Michie, Supp. 1936) § 5270.

47 Ibid.

48 Ala. Code Ann. (Michie, 1928) § 5273.

49 It is, therefore, conceivable that a person might be on parole for the rest of his life. Fuller v. State, 122 Ala. 32, 26 So. 146 (1898).

50 Ala. Code Ann. (Michie, 1936) § 5270.

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