Montgomery County sentinel., 1943-07-29
CHAPTER 77a

CHAPTER 77s
AN ACT to provide for the conditional
release from certain penal institutions
by the Governor of Maryland of pris-
Oners who may he found capable of
physical labor and suitable for re-
lease into the community, in order to
meet such shortages of labor on farms
or dairies located In the State, or In
the food processing, canning or sea-
food industry conducted therein as
may exist because of the present war
between the United States of America
and Germany, Japan and Italy, and
to prescribe the method Of making
such releases, and employing spch
prisoners and to authorize the Board
OF Correction to place prisoners at
labor on farms In Maryland and to
authorize the sale Of products pro-
duced by prisoners so employed.
Section /. Be it enacted by the Gen.
eral Assembly of Maryland, That, when
ever, because of the war between the
United States OF America and Germany,
Japan and Italy, the Governor finds
that there is a shortage Of labor avail
able for employment ON farms and
dairies or in the seafood industry in
the State, he shall be authorized to re-
quire the Director Of Parole and Pro
batiOn to certify to him in writing the
names Of such prisoners in penal in
the Director may find to be qualified
for such labor within the State and
whose release from prison will not he
contrary to the public interest. Con
ditional release" as used in this Act,
shall mean a conditional commutatiOn
OF sentence, conditional pardon or
parole, as the case may be.
Upon the receipt of such request from
the Governor, the Director of Parole
and Probation shall obtain from the
Department Of Correction, the names
Of such prisoners confined in the State
penal institutions as 1t may deem suit
able and qualified. for such employ
ment; and thereafter said Director shall
recommend to the Governor the release
by parole, conditional Communication or
conditional pardon of such of said pris.
Oners as he may find worthy OF elem
ency and qualified to perform such
labor, ON such conditions as the Direc-
tor may deem proper. To aid in the
proper selection and placement of such
prisoners said Director shall, with the
approval of the Governor, adopt such
policies, procedure and standards as
may be necessary.
Whenever the Governor, acting upon
the recommendation of said Director,
shall grant a conditional release to any
of such prisoners he shall deliver to
said Director a written order which
shall be to him and to the Warden of
the institution authority for the release
of such prisoner. Upon receiving such
order from the Governor said Director
shall arrange for the placement of
such released prisoner at work wher-
ever his services may be most needed
and in making such placement may,
whenever feasible, utilize the facilities
Of the United States Employment Ser
vice and Of the County Agricultural
agents so that such placements may be
made on a fair and impartial basis
The terms OF such employment shall be
mutually agreed upon by the employer
and the prisoner before the release of
such prisoner from the institution, and
shall be subject to the approval of the
said Director or his agent. Every pris-
oner granted a conditional release
under this Act shall be and remain
under the supervision Of said Director
~ Parole and Probation as provided In
me Order of conditional release; and
any such prisoner may be returned to
the penal institution by cancellation Of
the parole, conditional Communication or
conditional pardon issued IL such pris-
Oner is, for any reason, found insult
able for performing the duties of his
position OF whenever his services are
no longer required. Such prisoner shall
be considered as having continued sery-
Ing his sentence during such period OF
conditional release, and shall be en-
titled to such deductions from his pc
riod of confinement as he would have
earned had he been working within the
penal institution. In order to thus re-
turn such prisoner found unsuitable,
It shall not be necessary to provide a
hearing or establish any record Of mis-
conduct. Violations of the terms OF
conditional release shall be handled as
provided BY law.
shall mean the work Of rendering any
agricultural service, including the cultf-
Vating, threshing or harvesting Of
crops and the production or processing
OF any agricultural, horticultural, vege-
table or fruit product Of the soil, live
bacco, poultry, eggs, dairy products,
wool, nuts, honey and every product OF
farm, forest. garden, orchard or water,
and any such services as are generally
regarded as Incidental TO and connected
with farms, dairies, food processing.
canning and the seafOod industry.
Sec. 2. And be 1t further enacted,
That Section 1 Of this Act shall be
deemed an exercise OF the police pow
ers Of the State for the safety and we'll
being of its people during the effective
period Of this Act and all Its provisions
shall be liberally construed for the at
tainment OF those ends, II being In
tended that the powers herein conferred
shall be in furtherance and not In limi-
tation OF the power and authority vest
ed In the Governor and the Director OF
Parole and Probation under the Con-
gtitntion ard laws Of this State.
Sec. 3. And be 1t further enacted,
That, upon notification by the Gov
ern0r that sufficient labor Is not avail
able to plant, cultivate or harvest any
OF the agricultural crops produced on
farms in Maryland, the Board Of Cor
rcction shall have the authority and
power. In its discretion, and upon such
terms and conditions as II may deem
proper. to place prisoners at labor upon
farms In the State, and persons who
employ such prisoners from the Board
Of Correction shall be required to pay
reasonable value OF such labor at
The estimated average in the community
where the prisoners are 80 employed
aud to give such security therefor as
The Board may, In its discreuon, deter.
mine and require. Such prisoners shall
he placed at work In groups under the
control Of armed guards, and said
Board shall have the authority to EN-
pIoy such personnel and guards and