Evening star., 1932-08-14
COURTS TO START
ON|NDETERM|NATE.
PRISON SENTENCES
Proctor May Impose D. C.'S
First Such Penalty
Tomorrow.
NEW PAROLE SYSTEM
TO BE ADMINISTERED
Commissioners to Name Board.
Pitts and Rheem May Benefit
by New Statute.

District Supreme Court Justice James
M. Proctor may have the distinction
tomorrow Of imposing the first "inde-
terminate" sentence ever given in the
District of Columbia.
The new law, which was approved
July Is, requires that sentence be i'm
posed for an indeterminate time be-
/ tween minimum established at one
fifth of the maximum and the number
of years named as the maximum. For
example, If a prisoner IS to be SEN
fenced for robbery, the court, instead
Of selecting term of 5. 10 or is years,
as heretofore. must now make the sem
tence read, mot less than 3 nor more
than Is years"
The care of District prisoners, which
for so many years has been under the
Department of Justice is by the new
law transferred to the District Com
missioners, who are authorized to ap-
point Board of Indeterminate Sen
tence and Parole, which is to pass on
all applications for parole after the
prisoner has served the minimum num-
Der of years named in his sentence
This board Is to be composed of three
disinterested District citizens, not Of
f1cially connected with prison admin
istration in any capacity. The men,
bers are to serve without compensation.
The original appointment Is to name
one to serve three years, one for five
years and one for seven years. Reap
pointmentS are to be for seven years
each.
VIII Name Parole Officers.
l. 81 ir4
parole officers in such number as shall
be approved by Congress from time to
time for the penal institutions of the
District, one of whom shall act as clerk
to the Parole Board. Salaries and
necessary travelling expenses of the
parole officers shall be charged to the
appropriations for the penal institutions.
The penalty for several crimes on the
statute books names no minimum. This
Is changed by the new law, which fixes
a minimum in every case at one-fifth
of the maximum. The greatest hard
ship under this arrangement is notice
able In manslaughter cases, where no
minimum Is fixed in the District code,
and where the courts in proper cases
have given only short terms of i'm
prisonment. Recently Justice Proctor
gave only 30 days in jail to man who
had pleaded guilty to causing the death
Of a nan found with the wife of the
prisoner, and some years ago woman
was confined only one hour on a man
slaughter charge. Every sentence in
such cases must now read mot less than
3 nor more than Is years"
This hardship becomes apparent
when it is remembered that the proba-
ton law forbids the placing on proba-
tion of one convicted of m3nslaughter,
When the trial justice is satisfied that
other felony cases are ION the border
line" and do not justify an imprison-
ment for the minimum fixed by the
new law. he has the power under the
old probation system, which Is not
changed by the new statute, of sus-
pending the imposition of sentence and
of placing the prisoner on probation for
a lesser term.
The work of Probation Officer Amos
A. Steele is expected to be increased
as the result of the new law In Dor
der line" cases, where the culprit Is
youthful or where there are mitigat-
ing circumstances.
Pitts and Rheem Benefited.
As far as known the District Com
missioners have taken no steps to estab-
lish the new Parole Board. but this
will not deter the legal officers from
putting the new law into practice. or
course, it applies only to sentences i'm
posed for felonies committed after July
is. and it may be several months be-
fore any application for parole is ready
for the board. The board, however,
under the new law, Is empowered to
pass on applications of persons already
serving at Lorton, who have served
one-fifth of the sentences already i'm
posed.
Under the old Federal parole system,
which is abrogated in the District, a
prisoner had to serve one-thlrd OF his
sentence before he became eligible Tor
parole, but the new enactment reduces
that period to one-flfth of the sentence.
Among those who may be benefited by
the new statute are G. Bryan Pitts and
Edmund D. Rheem. Pitts went to
Iorton in February for a term Of IA
wears and would not be eligible for
parole until he had served nearly 5
wears. Rheem would have to wait for
one-third of his years sentence to
expire before applying for parole. The
new law would permit Pitts to apply
after 3 years and Rheem after IT
months Imprisonment. Terms OF other
prisoners would be similarly affected.
While Justice Proctor has number
Of prisoners to sentence tomorrow, only
one is accused of a charge of grand lar
ceny committed since July Is. The
prisoner is a woman, and because OF a
lack of criminal record may win proba-
ton. and thus rob Justie Proctor OF the
distinction of giving the first indeter-
inmate sentence. In the assignment for
Tuesday is another felony case, and the
court may still have an opportunity to
inaugurate the new law. AS his "vaca-
tion' term ends wednesday, the dis
tinction may have to await the COM
ing for Justice Daniel w. ODonoghue.
who will preside in all the courts from
next Thursday until September.