Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-02
INDETERMINATE
SENTENCES VOID

ATTORNEY GENERALS DEPART.
MENT RULES THAT THE NEW
SENTENCE FOR PRISONERS ON
THE lNDETERMINATE PLAN is
VOlD-HoLDS THAT ONLY THE
MAXIMUM SENTENCE STANDS.
The last session of the legislature
passed a law enacting a law provid-
ing for indeterminate sentences for
prisoners convicted for felony. Now
that the law is in effect and as judges
over the state have sentenced sew
eral prisoners to the penitentiary I'm.
der this new law, the warden of that
institution addressed the attorney gen
eral as to. how to proceed under this
law. In making his reply the at
| torney general passes, his opinion as
| follows:
In relation to the law passed in 1907
as chapter 1870 of the session laws,
relating to indeterminate sentences,
You say: In section one of this law,
the following language is used The
term of such imprisonment shall not
be less than one year, nor shall it
exceed the maximum term provided
by law for the crime for. which the
person was sentenced, making allow
ance for good time as now or here
after provided by law"
| 81 am unable to determine in my
own mind whether this law intends
that the prisoner shall receive the
benefit of the good time law now in
/, effect on the minimum sentence as
well as on the maximum
You say farther: 81 would thank you
very much if you would render your
opinion advising me as to what course
shall pursue in case where the
indeterminate sentence has been pro.
nounced.''
After a careful reading of chapter
$50 of the laws of 1907, the title OF
which act is as follows: can act to
establish parole system and provid
| ing for indeterminate sentences Of
persons convicted of certain crimes
and prescribing the duties of officials
in connection herewith" l find the
first section of the act gives the court
passing sentence upon a person con
victed of certain felonies, discretion
airy power of sentencing convicts fol
an indeterminate time, not less than
| the minimum, nor greater than the
maximum imprisonment prescribed by
statute for the offence for which he
has been tried. And in case the court
determines to pass an indeterminats
sentence, the section provides "in al
such cases, the judgment of the court
shall provide in substance, for con.
fnement in the penitentiary until re-
leased or parolled.'
Section 2 Of the act provides GER
tain information to be furnished as
to the reputation and any other OF
| the facts or circumstances which tend
4 to throw any light upon the question
as to whether or when such prisoner
4 may be capable of again becoming a
llaw-abiding citizen
/ Section 3 of the act provides how
persons have heretofore been convicted
may come within the provisions Of
the act in the same manner as if
they had been convicted after the pas,
sage of the act.
I am unable to determine from a
reading of the alw how person sen.
fenced to indeterminate Imprisonment
may be released from such sentence
until the expiration of the maximum
time prescribed by the statute as pun
| ishment for the crime for which he
is convicted, except that he be pardon
ed, not as provided in this law, but as
provided in another law relating to
pardons. There is already on the stat
ute book law providing for the par.
ole of persons convicted of certain
crimes, which provides that a parole
shall not be granted until the expira-
ton of one years Imprisonment. This
| does not restore a convict to citizen.
ship, nor does it act as termination
| of his punishment, nor can see that
| the law, now under consideration, has
| any effect whatever upon the parole
law in existence at the time of the
passage of this act. No power is pro-
vided in the act in question for put
ting into force what, to my mind, was
contemplated in the act, namely, that
a prisoner given an indeterminate SEN
tence, might be released at time
| after the termination of one year
from the date of his imprisonment
/ and previous to the expiration of the
maximum time for which he might
have been sentenced under his con.
yiction and that some authority
should determine in some manner
that time. This law does not create
a board with such authority, nor is
such authority given to any board OF
l n Ia. #4