New-York tribune., 1897-02-06

THE INDETERMINATE SENTENCE LAW.
HOW 1T COMPARES WITH DISTINCTIVE PAROLE
LAW APPLICABLE TO FIRST OFFENDERS.
To the Editor Of The Tribune.
Sir: In view OF the recommendation OF the Prison
Commission in their report that the provisions OF
the Indeterminate Sentence law should be extended
to all prisoners OF the first grade Il, e. first offenders
and accidental crimnals'). # seems to be timely 10
look for moment at the effects Of such extension as
compared with distinctive parole Jaw. applicable to
first offenders.
II VAS undoubtedly intended by the Legislature
when It passed the law OF lSS9 Chap. Ss2 that the
sec,Jons "a TO So providing for indetermnate sem
ences and the release parole OF persons sentenced
thereunder that these provisions would operate as
substitute for a so-called parole law ana WIN ike
effect and the judges would exercise the discretion
so conferred them TO much greater extent ina"
they have done. As a matter OF fact the law has
boen almost totally dlsregarded by the Judges. and
there were on September 80. 1885, according TO the
repor of the Genera Superintendent OF State Prisons
but three persons then confined in all the prisons OF
tho State under such sentences From the fact that
a; the present time this prison there Is no one con-
fined under this law, 1t is not probable that the
number has increased since that date.
For all practical purposes. therefore II may oe
said that this law the present time is imperative
and a dead letter. The parole system Is now In torce
for felonas in the Of any person committed 10
tho Elmra Reformatory, and am informed mas
worked successfully there the number OF those tor-
fei,nc their parole being small In proportion 10 the
uho.e number released. The parole system has also
ho.r nut In force In recent years In some states
no.ably in California and Ohio. and with modinca-
lions in Massachusetts. New-Jersey and other States
Tho effect OF the present Indetermnate sentence la"
- ,ha, AFTER the lapse OF the minimum time pro-
,,d b,. the sentence the prisoner make applca-
,,on to the Board established by the act for MS re-
rso nm narole and II it shall appear 10 such Board
tbot there is reasonable probability that such aPP'-
cant will I've and remain at liberty without Vioat'ie
tho law then said Beard may authorize the releiSe Oh
,,,,b aoncant upon parole. upon such terms
and conditions as said Board shall prescrioe out 10
rsmaln while so on parole In the Legal custody ana
5. tho control Of the warden of tho prison until
tho ord of the maximum term Of his sentence. i'e
act further provides that II the warden OF ue "ou
or any member thereof shall have reasonaDIe cause
n believe that the prisoner so on paroie mas .'oae"
bis naroe and has lapsed. or Is proDaoly ABOUT "
Ianse into criminal ways or company ne may De
a.alnr ON 4 warrant issued by the BOARD ana con-
anad for the full unexpired term Of his sentence
,rbe operat!on of this act therefore, is not 70
shorten the term OF the sentence out s,pii NH no h
nSroyid" mat a portion Of SUCH sentence shall pe
prved ~ inside tn. prison walls ana portloh VI u
outside OF the prison, and person so t,S, az ~
haro.o omntaton allowed by the laws OF loo but
Is liable et any time up 70 t!S eApsl "a - cnn
iuIl hr for the full unexpired term Of his sen
-. uuou susDiciOu OF being ABOUT ~ ian
- rim nality and be 50 taken on tile war
NM NM 81 tne " rden the board or any member
,,a.nr.aof oI hOut any adjudication Dy any court
mis- creates at once very strong incentive 10
o,,y onc 50 released parole TO observe the CON
di,iions Of his parole during the REMAINDER Oh nls
,r,n md increases the chances oil MS beins eslao,
t,,"sh"a in a way OF life in conformity WIN law ana
ilsaeeciaiv so as a condition precedent 10 such re-
80 a. that there shall be- reasonable prooabhly
!Hng he viii live without violating the law, or, IN
oIher words. that he shall snow 10 the BOARD on
~ ,nIicaton that he will be self-supporting ana
not T,ble TO become a charge upon the community
"o, nsraole law on similar lines. extending prac-
,trai tho provisions OF this act 10 nrst Offenders.
,.|,i3 bave The effect OF diminishing the number or
i,Usa. after release, because II would require, IN
~ dyst nlace that the applicant should nave den
III means OF support assured TO him before being
rai, ID and in the second place. he would be for
,in,s an least under surveillance and obliged TO
1onnrf himself az stated intervals 10 the prison.
authorities. . .,,,,,,,,to, lau, a oonvic,
~ bas earned mis- allowance OF good time Is dis
charged from the prison with $40 and suit Of
ciofhes a free man, and subject only 10 the Ia
bty, in case OF conviction for felony prior TO
~ InxniratIon OF the full term for which he was
snn,en, cd 10 serve i'm addition to the term OF the
sentence for such subsequently convicted felony,
the amount OF good time which has been allowed
-, him on his previous sentence. Tie Is under no
suneryision after going out. he IL not required TO
furnish any evidence Of his ability or intention to