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

where In the administration of the law relat
ne to indeterminate sentences Mr.. J, w Wall
Iron. chairman of the board Of prison inspect
prs had called the attention of the Star Bulle-
ia TO action on the part Of the first district
magistrate of Honolulu which the former be
ieves virtually muifes those provisions of the
aw in question made for the protection OF So
betty This is when paroled prisoner IS con
ricfed by him of some effense, and, instead OF
6Inanding the cuIprit to the prison authorities,
be dealt with By them under the provisions
of the parole and sindeterminate sentence laws,
he imposes penalty for the misdemeanor OF
which the defendant is found guilty. This of
necessity is at most a term in the county jail
Of not exceeding one year, upon serving which
the prisoner is turned loose to resume his ca
feer Of crime
Under the original parole law, the prison in
sDectors could of their own initiative take hold
. Of the case and send the parole breaker back
. t6 prison to serve out his original sentence.
The later statute of indeterminate sentences
.ook all such power out of the hands of the
prison inspectors, placing the responsibility OF
boxing after one guilty of breaking the con
.itions Of parole upon the warden of the terri
|oIial prison. This strange weakening OF the
IN was at least partly remedied by an act
6ssed at the 1915 session, which provides for
.Dl,roval of paroles, when rec0mmenaed BY
he warden, by the board Of prison inspectors
by law provided instead of approval by
't attorney general Yet section of the same
0& providing for the discharge of a prisoner
. 81, has served not less than six months of his
.6role, upon reasons reported by the warden
ia the attorney general, with the approval of
governor, was left by the 1915 legislature
namended, so that the prison Inspectors
8rld appear to have no say in the discharge
s. prisoner under parole.
n the case of a prisoner who has won his
He harge and afterward is arrested upon al
&tsh charge, there would seem to be no hold
bon him on account of his previous record,
.|Iess he is convicted of similar offense to-
if for which he was originally sentenced, or
ii offense involving moral turpitude. Then
he Judge before whom he is convicted has
lower to give him term of Imprisonment that
otherwise would be his due. Ii, however the
lew offense was felony any district magis-
.I.,ie 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
.||II0f OUGlSeS are 10 DE QtSlt Will III uldItiSl
IS IL their former record was clean sheet An
.0endmeft Of the law may be desirable to pre-
vent such possibility, also one to give the,
Prison inspectors clear authority in the matter.
0| discharging paroled prisoners as well as in
HAT Of granting paroles. So that the whole
.6estion may be understood, in view of the APP
.roaching election for new legislature, the
blowing abstract of the laws In question is
.ftsenteds
Sections 1893, 1884, and 1895 of the revised
IHs of 1915 deal with the parole of prisoners.
HEY may be paroled by the governor, upon
rules and regulations made by the board of
prison inspectors and approved by the gov
brnor No parole shall be recommended by the
warden unless it appears to him that there is
strong probability that the prisoner will live
md remain at liberty without violating the
@N. and that his release is not incompatible
With the welfare of society. No parole shall in
any event be granted to any person convicted
Be murder. in the first or second degree, or to
any felon who has been convicted in any juris-
diction of felony other than that for which
he is being punished"
IT IS provided that a 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
on Jail from which he has been released at any
time until the expiration of the term for which
he was sentenced The written order of the
L,o..f3 IF ;ncl,aetars Fortified by IFS Secretary