Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-05-01
INDETERMINATE SENTENCES AND
PAROLES.


ing to indeterminate sentences. Mr.J. w. Wal
dron, chairman of the board of prison inspect
ors, had called the attention of the Star Bulle
lin to action on the part of the first district
magistrate of Honolulu which the former be-
Nlieves virtually nullies those>provisions of the
law in question made for the protection of So
ciety. This is when paroled prisoner is con-
victed by him of some offense, and, instead OF
demanding the culprit to the prison authorities,
. to be dealt with by them under the provisions
Of the parole and indeterminate sentence laws,
he imposes penalty for the misdemeanor of
which the defendant is found guilty. This of
necessity is at most term In the county Jail
/ Of not exceeding one year, upon serving which
Ifhe prisoner is turned loose to resume his ca
Ireer of crime
Under the original parole law, the prison in
spectors could of their own initiative take hold
of the case and send the parole-breaker back
! 10 prison to serve out his original sentence.
The later statute Of indeterminate sentences
took all such power out of the hands of the
'prison inspectors, placing the responsibility of
looking after one guilty of breaking the con-
.1itions of parole upon the warden of the terri
iorial prison. This strange weakening of the
law was at least partly remedied by an act
passed at the 1915 session, which provides for
approval of paroles, when recommended by
the warden, "by the board of prison inspectors
os BY law provided, instead of approval by
the attorney general Yet section of the same
law, providing for the discharge of prisoner
who has served not less than six months of his
parole, upon reasons reported by the warden
and the attorney general, with the approval OF
the governor, was left by the 1915 legislature
1namended, so that the prison inspectors
would appear to have no say in the discharge
Of prisoner under parole.
In the case of a prisoner who has won his
discharge and afterward is arrested upon a
Iesh charge there would seem to be no hold
0on him on account of his previous record
less he is convicted of similar offense to
i for which he was originally sentenced, or
81 of1ense involving moral turpitude Them
he Judge before whom he is convicted has
Iouer to give him term of Imprisonment that
1thc<rise would be hrs due If, however, the |
rev offense was a felony any district magis-
rate would have to pass the case up by com
initial to the grand jury.
AT all events, something is wrong if parole
breakers brought into the district court for
minor offenses are to be dealt with in manner
IS If their former record was clean sheet. An
amendment of the law may be desirable to pre-
lent such possibility, also one to give thel
prison inspectors clear authority in the matter
81 discharging paroled prisoners as well as in
that Of gfbnting paroles. So that the whole
1nestion may be understood in view of the APP
Dr0aching election for new legislature the
following abstract of the laws in question is
presented.
Sections 1893, 1894 and 1895 of the revised
laws Of 1915 deal with the parole of prisoners.
They may be paroled by the governor, upon
rules and regulations made by the board of
prison inspectors and approved by the gov
ernor. No parole shall be recommended by the
warden unless it appears to him that there is
strong probability that the prisoner will live
and remain at liberty without violating the
law, and that his release is not Incompatible
with the welfare of society. No parole shall In
any event be granted to any person convicted
of murder in the first or second degree, or to-
1ny felon who has been convicted In any juris-
Fiction of felony other than that for which
be is being punished. !"
It is provided that person when on parole
shall be in the legal custody and under the con-
troll Of the prison inspectors, subject to the
rules and regulations before mentioned, and
further subject to be taken back to the prison
tr iail from which he has been released at any
time until the expiration of the term for which
lie was sentenced The written order of the
- n 4 4 A. 49,