« PreviousContinue »
by citizens generally, but the post-office address of each person so signing should be plainly stated.*†
CROSS REFERENCE: For application for pardon to restore civil rights, see § 1.19.
1.6 Reference of petition to United States attorney. When an application is received it shall be referred at once, with the accompanying papers, to the United States attorney for the district where the trial took place, with directions to submit his report and recommendation thereon, sending also the statement of his predecessor if he had charge of the case, and the statement of any assistant United States attorney or special attorney for the Government who took part in the trial. He is also directed to secure the recommendation and statement of the trial judge, if obtainable, and to fill out and return a blank form of docket entries, from which a warrant of pardon may be prepared. Reports shall also be secured from the appropriate officers of the several executive departments, and from the warden and prison physician in regard to the prisoner's conduct and physical condition. Files of the parole board, relating to the applicant, shall be consulted if available and if no delay will result.*†
1.7 Advance report of United States attorney. It is also permissible, if the exigencies of the case require it, for a United States attorney to submit his report and recommendation, together with the other reports he is required to secure, in advance of, and without a definite request from the Attorney General; but in every such instance the docket entries referred to above must be enclosed.**
1.8 Application of petitioners to United States attorney. As all applications for Executive clemency are sent to the United States attorney for report and docket entries, it is unnecessary and undesirable for applicants to apply to the attorney or judge, except in Alaska and remote Territorial possessions.**
CROSS REFERENCE: For method of application in Territorial possessions, see § 1.18.
1.9 Reopening of case. A case once referred for reports will not be again referred without a written request from the United States attorney or the trial judge; and a case once acted upon by the President will not be reopened except upon the presentation of new and material facts.**
1.10 Submission to President. When none of the persons so consulted advises clemency, the papers shall not be sent to the President except in capital cases or by his special request, or by special order of the Attorney General; but when any one of the officers consulted advises clemency the papers shall be submitted to the President.**
1.11 Reports confidential. Reports to the President by United States attorneys, judges, and other officials, on applications for pardons, are confidential, and are not open to inspection by the applicant or by any other person, except with the written assent of the attorney, judge, or official making the report, nor, if such assent be given, unless it be shown that the ends of justice require the disclosure. All other papers, except reports or communications to the President or to the Attorney General by officials, are open to inspection by the Page 6
**For statutory and source citations, see note to § 1.1.
applicant and his attorney or representative, and by Members of Congress.*+
1.12 Withdrawal of petitions. Applications and accompanying papers cannot be withdrawn after they have been referred to the United States attorney, unless copies thereof are provided by the applicant, at his own expense, for the files of the Department. Action thereon will, however, be withheld by request of the petitioner or his attorney at any time before the case has been sent to the President.*† 1.13 Petitions pending appeals. Applications for pardon or commutation will not be considered by the President pending appeals from judgments of conviction; nor shortly before the expiration of sentence, except in unusually urgent and meritorious cases.*t
1.14 Requirements for submission of petitions. Applications for Executive clemency will not be considered until after the person convicted has served some portion of his sentence, nor, ordinarily, until he has reached his parole period and been denied parole, except upon a substantial showing of innocence or some exceptional circumstance, developed since the trial, which clearly justifies an extension of Executive clemency. Every prisoner applying before his parole period must state why release on parole, when eligible, would not substantially meet the requirements in his case.**
1.15 Petitions of paroled prisoners. Applications for pardon or commutation will not be considered while prisoners are on parole except in cases of life prisoners, and where prisoners have been on parole in excess of 4 years.**
1.16 Time spent in jail. Time spent in jail before sentence is not regarded as ground for Executive clemency; nor will time spent in jail after sentence and before imprisonment be so regarded, unless there has been an unreasonable delay in the transportation of the prisoner. Thirty days, and in some instances a longer period, is not regarded as unreasonable.1*†
1.17 Offenses against Territorial laws. Applications relating to offenses against Territorial laws, except in Alaska, should be sent to the Governor or Board of Pardons of the Territory where the offense was committed.**
1.18 Offenses against United States laws in Territories. Applications relating to offenses committed against the United States, in Puerto Rico, Hawaii, Virgin Islands, and the Canal Zone, and both Federal and Territorial offenses committed in Alaska should be addressed to the President of the United States and follow the outline indicated in § 1.5. They should be presented to the United States attorney for the district in which the offense was committed, which officer will secure the necessary reports mentioned in § 1.6, including a report from the jailer and jail physician, and forward the same, together with the docket entries and the petition and accompanying papers to the Attorney General.*+
1.19 Petitions for restoration of civil rights. In the absence of exceptional circumstances, petitions for pardon for the purpose
1As to time spent in jail after sentence, see sec. 1, 47 Stat. 381; 18 U.S.C. 709a. **For statutory and source citations, see note to § 1.1.
of restoring civil rights will not be considered unless the applicant has been discharged from custody or from parole or probation not less than 4 years. A longer period may be required before favorable action is taken, dependent largely on the nature of the offense and the character of the applicant both before and since his conviction. In cases of perjury, subornation of perjury, or violation of a public trust involving personal dishonesty, or other crimes of a serious nature, the lapse of 5 years after release is usually required. All applications for pardon to restore civil rights must, in addition to the requirements of § 1.5 state the present address of the petitioner, and be accompanied by affidavits from at least three reputable citizens among whom the petitioner lives, stating that since his release from prison he has conducted himself in a moral and law-abiding manner, what his occupation has been, and what knowledge they have in the premises. Blank applications for this form of clemency will be sent on request.**
1.20 Investigation of petitioner's record and conduct. The record and conduct of each applicant for restoration of civil rights shall be thoroughly investigated by the Federal Bureau of Investigation on request of the United States Attorney to whom the application has been referred. The United States Attorney shall promptly transmit to the Attorney General the report on such investigation.*+
1.21 Notification of result. When final action is taken, the applicant or his attorney is notified of the result. Where clemency is extended, the official warrant of pardon or commutation is sent to the applicant either through the United States marshal or the officer in charge of the place of imprisonment. In civil-rights cases the warrant is sent directly to the applicant.**
2.32 Revocation of parole.
2.33 Same; detainer against any new
2.34 Same; basis of revocation.
2.36 Issuance of warrant.
2.37 Execution of warrant.
2.38 Unexpired term of imprisonment.
2.39 Hearing by Board.
**For statutory and source citations, see note to § 1.1.
Development of United States parole system; prior to 1910. Previous to 1910, release of a prisoner convicted of a violation of a Federal criminal statute before the maximum date of sentence imposed by the court was accomplished under the operation of the "Good time" Act of 1903. (32 Stat. 397; 18 U.S.C. 710, 711, 712).
Same; 1910-1930. In 1910 the first Parole Act for United States prisoners was passed. (Act of June 25, 1910, 36 Stat. 819; 18 U.S.C. 714, 716, 717-723). The intent in passing this Act was "to establish a general system of parole for United States prisoners". The difficult question of paroling authority was at that time resolved by creating a parole board for each institution composed of the Superintendent of Prisons, the Warden, and the Medical Officer of each institution. Such boards were empowered to establish their own rules and regulations. These boards were not vested with authority to grant or deny parole, but merely to hold hearings for the purpose of observation, interrogation, and a study of the record. The authority to grant or deny parole vested with the Attorney General, to whom the several boards referred their findings, accompanied by a recommendation for or against parole issuance.
Same; since 1930. In 1930, however, one central Board of Parole, with jurisdiction over all Federal prisoners, was created, consisting of three members appointed by the Attorney General. This Board has sole authority to grant or revoke parole with respect to United States prisoners and to impose such terms and conditions as seem best in each case. It is empowered to approve the release on parole of United States prisoners confined in any State reformatory, the National Training School for Boys, the National Training School for Girls, and any State juvenile institution. It also has the exclusive authority to issue warrants for the retaking of any United States prisoner who has violated his parole. (18 U.S.C. 716, 719, 723a, 723b, 723c).
The Board of Parole. The Board of Parole, therefore, with reference to Federal prisoners, exercises all judicial and semijudicial functions with respect to the granting and revoking of paroles, the establishment of policies and regulations with reference to parole and parole supervision, the imposition or modification of the conditions of parole and the general establishment of what may be called parole policies.
Section 2.1 Eligibility for parole. Every person who has been convicted of any offense against the United States and is confined in execution of the judgment of such conviction in any United States penitentiary or prison, for a definite term or terms of over one year, or for the term of his natural life, whose record of conduct shows that he has observed the rules of such institution, and who has served one-third of the total of the term or terms for which he was sentenced is eligible for parole.** (37 Stat. 650; 18 U.S.C. 714) [Sec. 5]
*88 2.1 to 2.39, inclusive, issued under the authority contained in sec. 2, 36 Stat. 819, sec, 2, 46 Stat. 272; 18 U.S.C. 715, 723b. Statutes interpreted are noted in parentheses at the end of specific sections.
The source of §§ 2.1 to 2.39, inclusive, is Regulations governing the granting of parole, Board of Parole, June 1, 1938.
2.2 Date sentence commences to run. The sentence of imprisonment shall be deemed to commence to run from the date on which the prisoner is received at the penitentiary, reformatory or jail for service of his sentence, but if any prisoner is committed to a jail or other place of detention to await transportation to the place at which his sentence is to be served, the sentence of such prisoner
shall commence to run from the date on which he is received at such jail or other place of detention.* (Sec. 1, 47 Stat. 381; 18 U.S.C. 709a) [Sec. 6]
2.3 Life imprisonment. A prisoner who received a sentence for the term of his natural life is eligible for parole consideration after he has served not less than 15 years.*+ (37 Stat. 650; 18 U.S.C. 714) [Sec. 7]
2.4 Parole of prisoner subject to deportation. A prisoner who is an alien and is subject to deportation may be released after he becomes eligible for parole on condition that he be deported and remain outside of the United States and all places subject to its jurisdiction. Upon such parole becoming effective the prisoner shall be delivered to the duly authorized immigration official for deportation.*t (Sec. 3, 36 Stat. 819, sec. 1, 46 Stat. 272, 46 Stat. 1469; 18 U.S.C. 716) [Sec. 8]
CROSS REFERENCE: For immigration rules and regulations, see 8 CFR Parts 1-36.
2.5 Parole of prisoners in State institutions. Any person who has been convicted of any offense against the United States which is punishable by imprisonment but is confined therefor in any State reformatory or State institution shall be eligible for parole on the same terms and conditions and by the same authority and subject to recommittal for the violation of such parole in the same manner as persons committed to such institutions by the courts of said State. No such prisoner shall be entitled to go on parole, however, until the order therefor shall have been approved by the Board of Parole. When a prisoner is committed to such an institution outside of the State where he lives he may be permitted by his parole to return to his home, and in such case the supervision of such prisoner on parole shall devolve upon the United States Probation Service or the United States marshal of the district where said prisoner lives. In case such prisoner violates his parole a warrant for his recommitment may be delivered to and executed by said marshal.*† (Sec. 9, 36 Stat. 821; 18 U.S.C. 722) [Sec. 9]
2.6 Prison parole officer. A parole officer shall be appointed by the board of Parole for every United States penitentiary and prison who shall have such authority and perform such duties, subject to the direction and control of said Board, as said Board may direct.** (Sec. 7, 36 Stat. 820, sec. 1, 46 Stat. 272; 18 U.S.C. 720) [Sec. 10] 2.7 Application by prisoner. Prisoners desiring to apply for parole are required to use a form prepared by the Board for that purpose. Such forms are available at each prison and are distributed to eligibles.** [Sec. 11]
2.8 Reference by warden. The warden or superintendent of the institution may also refer cases to the Board.*f [Sec. 12]
2.9 Duties of prison parole officer. At or near the expiration of one-third of the maximum sentence, which is the date of eligibility for parole consideration, the parole officer at each institution is required to provide the prisoner with the proper application form to be prepared and submitted to the Board. Such assistance as may
*For statutory and source citations, see note to § 2.1.