Obrázky stránek
PDF
ePub

from and after its passage, the public welfare re

quiring it.

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

AN ACT to provide for the indeterminate sentence of persons convicted of crime, and to authorize and regulate the paroling of prisoners so sentenced.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That whenever any person over eighteen years of age is convicted of any felony or other crime committed after the passage of this Act and punishable by imprisonment in the penitentiary, the court imposing such sentence shall not fix a definite term of imprisonment, but shall sentence such person to the penitentiary for an indefinite period, not to exceed the maximum term nor to be less than the minimum term provided by law for the crime for which the person was convicted and sentenced, making allowance for good time as now provided by law; and the person sentenced shall be subject to release or parole, and to final discharge by the Board of Parole as hereinafter provided; provided, that if a person be sentenced for two or

Board of

parole.

more such separate offenses, sentence shall be pronounced for each offense, and imprisonment thereunder may equal, but shall not exceed, the total of the maximum terms provided by law for such offenses, which total shall, for the purpose of this Act, be construed as one continuous term of imprisonment; and provided, further, that this Act shall not interfere with the operation of statutes providing for punishment for certain offenses by fine or imprisonment in the county jail or both.

SEC. 2. Be it further enacted, That if through mistake or otherwise, any person shall be sentenced for a definite period of time for any offense, such sentence shall not be void, but the person shall be deemed to be sentenced nevertheless as provided by the terms of this Act; and he shall be entitled to all the benefits and subject to the liabilities under this act in the same manner and to the same extent as if sentence had been pronounced in the terms and manner required thereby.

SEC. 3. Be it further enacted, That the Board of Provisions of Prison Commissioners be, and they are, hereby constituted a Board of Parole, and shall have the pow-. er to cause to be released on parole any person sentenced to confinement in the penitentiary who has served the minimum term provided by law for the offense committed by him, less good time; provided, that no convict serving a life sentence shall be paroled until he has served for twenty-five years, less diminution which would have been allowed for good conduct had his sentence been for twenty-five years. Such convicts, while on parole, shall remain in the lawful custody and under the control of said Board, subject at any time to be returned to the penitentiary upon a violation of the terms of parole; and a written order of said Board, certified by any member thereof, shall be sufficient warrant to any officer to retake and return to actual custody any such convict; and the Governor shall have the power to issue requisition for any such person if he has departed from the State. Geographical limits wholly within the State may be fixed in each case, and the same enlarged or reduced according to the conduct of the prisoner. In considering application for parole or for recommendation for final release, said

Board shall not entertain any petition, or hear any argument, from any attorney or other person not connected with the penitentiary, in favor or against the parole or release of any prisoner; but it may institute inquiries by correspondence, by taking testimony, or otherwise, as the history, physical, or mental condition or character of such prisoner, and each member of said Board is hereby authorized to administer oaths to witnesses for every such purpose.

Board.

SEC. 4. Be it further enacted, That said Board shall have power, with the advice and consent of the secretary of Governor, to employ a suitable person as Secretary and Parole Officer, at a salary of not more than $1,800 per year and necessary expenses when on official business required and designated by the Board. He shall keep such records and perform such duties as State Parole Officer, or otherwise, as shall be prescribed by the Board.

All salaries and expenses of said Board of Parole shall be paid out of the prison funds of the State, Expenses of and shall be accounted for by the Prison Commis- the Board. sioner as a part of the necessary expenses of prison management. It shall be the duty of said Board, through the Parole Officer, to keep in communication as far as possible with all prisoners who are on parole, and also with their employers, and such prisoners shall report to said Board through the Parole Officer at such times and in such manner as the Board may prescribe. When such person or parole has kept the conditions thereof in such manner and for such period of time as shall satisfy the Board that he is reliable and trustworthy, and that he will probably remain at liberty without violating the law, and that his release is not incompatible with the welfare of society, then said Board may recommend to the Governor that he grant to such prisoner a final discharge from confinement under such be discharged sentence, and thereupon the said Board shall issue to such prisoner a certificate of such final discharge; and shall also cause a record of the acts of such prisoner to be made, showing the date of his commitment, his record while in prison, the date of his parole, his record while on parole, and other reasons for his final discharge, together with any other facts

Prisoner may

-how.

Information

which said Board may deem proper; and a copy of such record, certified to by the Secretary, shall be admissable as evidence in any proceeding in which such prisoner seeks restoration to the rights and privileges of citizenship. Nothing in this Act shall be construed as seeking to impair the pardoning power of the Governor, or the duties of the Advisory Board of Pardons.

SEC. 5. Be it further enacted, That it shall be the duty of all public officers of the State, and all muupon request. nicipal officers of any cities, to aid the said Board of Parole and its Parole Officer by furnishing upon request any information which they may possess in regard to the whereabouts or conduct of any paroled prisoner. The said Board of Parole shall have power, from time to time, to make, alter, amend, and publish rules governing the granting of paroles and the procedure relative thereto, and rules as to the conditions of parole and the conduct and employment of prisoners on parole, and such other matters touching the exercise of the powers and duties conferred upon said Board by this Act as it may deem proper; provided, that the same shall not be inconsistent with any of the provisions of this Act.

SEC. 6. Be it further enacted, That all Acts and parts of Acts in conflict herewith are hereby repealed; provided, that the repeal thereof shall not in any manner affect the parole, release, discharge, custody, retaking, or reconfinement of any prisoner now or heretofore confined, paroled, or subject to be retaken or reimprisoned.

SEC. 7. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.

Passed February 20, 1913.

NEWTON H. WHITE,

Speaker of the Senate.

W. M. STANTON,

Speaker of the House of Representatives.

Approved February 21, 1913.

BEN W. HOOPER,

Governor.

CHAPTER 9.

HOUSE BILL No. 53.

(By Davidson County Delegation.)

AN ACT to regulate and require the attendance of school children upon schools in the State of Tennessee, and to provide means for the enforcement of this Act.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That every parent, guardian, or other person, in the State of Tennessee, having charge or control of any child between the ages of eight and fourteen years inclusive, shall cause such child to be enrolled in and attend some day school, public, private, or parochial, for eighty consecutive days, or when the school term is less than eighty days in length, for the full term, in each year in the county or city in which said child may reside. Provided, That in cities maintaining a separate school system which have a scholastic population of five thousand or over by the State school census age 8 to 14 of 1912 or any subsequent State school census, any parent, guardian, or other person having charge or control of any child between the ages of eight and fourteen inclusive, shall cause such child to attend school for the full school term.

Provided, further, that any parent, guardian, or other person having charge or control of any child between the ages of fourteen and sixteen years who is not actively and regularly and lawfully engaged in some useful employment or service, or who is unable to read and write, shall cause such child to attend school as herein provided for children between the ages of eight and fourteen years.

Compulsory

years.

Nonatten

SEC. 2. Be it further enacted, That any child between the ages aforesaid may be excused temporarily from complying with the provisions of this Act dance. in whole or in part, if it be shown to a court of competent jurisdiction, or a County or City Board of Education having control of the school to which said

« PředchozíPokračovat »