indication as to whether or not the use of the former printed application form is to be continued.18 furnishing to the penitentiary authorities all available data concerning the facts and circumstances of the crime, and all accessible information concerning the prisoner's career prior to the instant crime, such as his habits, associates, disposition and reputation as a law-abiding citizen. 18 On the reverse of the application blank appears an outline of "parole rules" then in effect. In view of the fact that these rules may possibly be adopted under the new law they are herein set forth : "Application for parole shall be made upon blanks provided for that purpose which may be obtained from the secretary of the board. "The application shall embrace a certificate from the prosecuting attorney of the district from which the prisoner was sent, showing that there are no other indictments pending against him, a statement from the superintendent of the penitentiary recommending the parole, and an agreement by a reliable property owner that he will give the prisoner employment upon his release, and said agreement shall include a certificate from the county clerk of that county showing that the person is a property owner. "The board may continue the application from time to time, may postpone to a future time, postpone indefinitely, reject, or grant the application on such terms and conditions as may seem to them proper, but not in conflict with the laws of the State. "An application having been postponed to a certain time will be disposed of at that time unless again postponed. "An application having been postponed indefinitely may again be brought before the board at any time by an affirmative vote of the members. "An application having once been rejected cannot be reopened, but the prisoner desiring to try again may begin with a new application. "No prisoner shall be paroled who has any lost time on record against him or has any lost time pending. "No prisoner shall be paroled until the board is satisfied that he will conform to the rules and regulations of his parole, and it shall require the consent of three members of the board to grant a parole. "No oral agreement [argument] will be allowed at the sessions of the Board by attorneys in the interest of prisoners who have made applications for parole, but such efforts must be in writing and presented so as to be filled with the application of the prisoner to whom it refers. "A prisoner, when a parole has been granted by the board, shall proceed at once to place of employment provided for him and report to his employer, show him his parole and remain in his employ, if practicable, during the time of his parole, "In case he finds it desirable to change his employment or residence he shall first obtain the written consent of the board. "He shall, on the first day of each month, until his final release according to law, forward by mail to the secretary of said board a report for himself, stating whether he has been constantly under pay during the last month, and if not, why not, and how much he has earned and expended, together with a general statement of his surroundings and prospects. "He shall in all respects conduct himself honestly, avoid evil associations, obey the law, and abstain from the use of intoxicating liquors. "He shall at all times while on parole remain within the boundaries of the State of Arkansas. "Whenever a prisoner violates the conditions of his parole, the board shall, by formal order entered in the journal of their proceedings, declare him a delinquent and thereafter he shall be treated as an escaped convict owing service to the State and shall be liable, when arrested, to serve out the unexpired period of the maximum possible punishment, and the time from the date of his The new law prescribes no time for the making of an application for parole by an inmate. This is automatically taken care of at the time the prisoner becomes eligible.19 Hearing: Prior investigation.-The 1937 act gives the board extremely general powers relative to investigating the advisability of granting parole.20 It places upon the board merely the duty to investigate and secure all information that may aid in determining the advisability of granting paroles, and prescribes that "in considering the record of a prisoner eligible for parole, consideration should be taken of the circumstances of the offense for which the prisoner has been sentenced, the attitude of the judge and of the prosecuting attorney of the court in which he was sentenced, his previous criminal record, social history, and present condition of the defendant, including, whenever practicable, the findings of a physical and mental examination of the defendant." 21 In addition, the board has visi declared delinquency to the date of his arrest shall not be counted as any part or portion of the time served. "Every paroled prisoner shall be liable to be retaken and again confined within the enclosure of said prison for any reason that shall be satisfactory to the board, and at their sole discretion, and shall remain therein until released by law. "A prisoner returned by order of the board for a violation of his parole shall forfeit all his good time. "Upon the expiration of the term of sentence for a paroled prisoner who has complied with all the provisions of his parole, a final release will be granted to him. "The foregoing rules and regulations may be rescinded, changed or amended at the pleasure of the board." 19 Ark. Dig. Stat. (Pope, 1937) § 12771. 20 A summary of the previous statutory requirements pertinent to prior investigation and subsequent supervision of parole is found in Wright, Digest of Indeterminate Sentence and Parole Laws (1936) 82: "All public officers must furnish complete data concerning the crime and personal information, if requested by the commission. Parolees are required to nave suitable employment and a home free from criminal influences before being released. Parolees remain under the legal custody of the board of commissioners until final discharge is granted. The commission also has the power to revoke any parole. Parolees leaving the State without permission are adjudged fugitives from justice. The law stipulates further, that the Governor must be notified of any violator returned to the penitentiary. In a good many instances the sheriffs of the various counties are required to act as parole officers, and must report monthly to the commission, on forms furnished by them. This written report must be forwarded to the commission within 5 days from the date of the sheriff's contact with the parolee. The law also makes it mandatory for the sheriff to keep secret the fact that the person is a parolee, as long as the parolee observes the conditions of his parole." 21 Ark. Dig. Stat. (Pope, 1937) § 12771. torial power over all institutions to which any person is committed on a criminal charge, whether such institutions are wholly or partially supported by public funds.22 Hearing: When held and how conducted.—It is provided that the board must convene once every 3 months to consider the advisability of granting certain paroles," although it appears that, as a matter of fact, the board actually meets 1 day each month for such purpose.24 The 1937 parole act does not refer to the manner in which the board of pardons and paroles shall conduct its parole hearings. Prior to the enactment of this act, hearings on parole were conducted by the prison board and were, of necessity, conducted in a summary fashion.25 Hearing: Disposition.-If a majority of the members of the board are of the opinion that the interests of the State and of the prisoner will be advanced by a parole, the same may be granted.20 Conditions for parole. The law of 1937 authorizes the granting of paroles on condition," and the majority of the 22 Ibid. 23 Ark. Dig. Stat. (Pope, 1937) § 12734. 24 "The board of penal institutions meets as a parole board 1 day each month at the capitol, although the law provides that it shall be the duty of the State board to convene on the first Monday in June, 1907, and on the same date each 3 months following.'" The Prison Labor Problem in Arkansas, a survey by The Prison Industries Reorganization Administration (1936) 40. 25 Hearings by old prison board: "Prisoners are not interviewed by the board. Attorneys or others are not allowed to appear at the meeting, but they interview members of the board at other times. A representative from the State comptroller's office sits with the board, and also the superintendent of the penitentiary, who presents the records of all prisoners eligible for parole. Application not granted may be rejected, in which event new applications must be prepared (and may be at any time) but are usually deferred until the next meeting. On the parole day in June 1936, there were 243 cases to be considered, of which 77 (an unusually large number) were granted. Concurrence of three members of the board is required. "The superintendent of the penitentiary presents the legal history and prison record. The board requires a statement from the prosecutor that no other indictments are pending against the prisoner. Recommendations from the judge, sheriff, members of the jury, or citizens are considered. In cases recommended by the Governor, parole is granted without further investigation. "In view of the large number of cases to be gone over in 1 day, it has become the practice to pass over without much consideration cases of prisoners who have served previous prison terms or who have been convicted of certain serious offenses. Paroles of women are left largely to the women members, who confer with the superintendent of the women's division". Id. at 40-41. 26 Ark. Dig. Stat. (Pope, 1937) § 12771. 27 Ibid. board are empowered to impose just and proper conditions.28 Employment for the parolee as a condition precedent to granting of a parole is made mandatory by statute.20 When a prisoner is discharged on parole he is given a suit of clothes and $2.50 in money. In addition he receives a certificate of discharge which indicates that he has a right to be at large. Supervision. Responsibility for proper supervision of all parolees devolves upon the director of probation and parole.30 The supervisory system under the former law was patently inadequate, a condition which was undoubtedly an important factor underlying the enactment of the 1937 Parole Act. State police officers and other peace officers may now be called upon by the State director of probation and parole to aid in the enforcement of the 1937 Parole Act.21 Procedure on violation of parole.-The new act establishes no definite procedure to be followed upon violation of parole, although the board is given power to revoke parole at any time before expiration of the prisoner's term of sentence.32 A paroled prisoner fleeing beyond the limits of the State may be returned as a fugitive from justice.33 Recommitment: Effect on original sentence.-The statutes do not indicate the effect which recommitment has on the original sentence of a parole violator. However, as a matter of practice, the entire period during which the person was out on parole is disregarded with reference to the original sentence. Recommitment: Effect on eligibility for further parole.— The recent parole law does not indicate whether a parole violator is again eligible for parole. Under the rules of the former prison board a violator was liable, when arrested, to serve out the unexpired period of his maximum possible punishment. In practice violators were rarely granted further paroles. Final discharge.-The statute provides that "when a prisoner who has acceptably served not less than 6 months of his parole and has given evidence that he will remain at liberty without violating the law and that his final release is not against the welfare of society, and when it appears to the board's satisfaction that the prisoner has faithfully served the term of his parole and in its opinion the prisoner can safely be trusted at liberty and his final release will not be against the welfare of society, the board may enter an order discharging the prisoner, which operates as a complete discharge when it is approved by the Governor and a certified copy thereof is delivered to the prisoner." 84 In practice, however, the former prison board adopted the practice of continuing the parole period until the time at which each parolee's maximum term of sentence, less good time deductions, had expired. 85 EXECUTIVE CLEMENCY Power in Governor with advisory board.-The constitution of Arkansas provides that "in all criminal and penal cases, except in those of treason and impeachment, the Governor shall have power to grant reprieves, commutations of sentence and pardons after conviction; and to remit fines and forfeitures under such rules and regulations as shall be prescribed by law. In cases of treason he shall have power, by and with the advice and consent of the senate, to grant reprieves and pardons; and he may, in the recess of the senate, respite the sentence until the adjournment of the next regular session of the general assembly." 1 The Governor's power under this provision is not absolute, but is subject in its exercise to such regulations as the legislature may see proper to impose and which do not sub 34 Ark. Dig. Stat. (Pope, 1937) § 12737. 35 Commutations for exemplary conduct.-It is the Governor's duty to commute the sentence of a prisoner whose conduct has been exemplary, said commutation to be as follows: 1 month from the first year's term of confinement, 2 for the second, 3 for the third and each succeeding year until the tenth year, and 6 months for each succeeding year thereafter. Id. § 12732. 1 Ark. Const. art. VI, § 18; Ark. Dig. Stat. (Pope, 1937) § 5396. |