1534 BATION, PAROLE, PARDON AND A. PROBATION. = of persons guilty of crime-Inquiry into circumstances. 203. After a plea or verdict of guilty, where discretion ed upon the court as to the extent of the punishment, upon oral suggestions of either party that there are nces which may properly be taken into view, either in on or mitigation of the punishment, may, in its disear the same summarily at a specified time and upon ce to the adverse party as it may direct. At such Eime, if it shall appear by the record furnished by the officer, or otherwise, and from the circumstances, of n over the age of sixteen years so having plead guilty been convicted of the crime, that there are circummitigation of the punishment, or that the ends of Ell be subserved thereby, the court shall have power, cretion, to place the defendant upon probation in the llowing: n of sentence. court, judge or justice thereof, may suspend the impostence and may direct that such suspension may consuch period of time, not exceeding the maximum erm of such sentence, and upon such terms and conit shall determine, and shall place such person on proder the charge and supervision of the probation officer urt during such suspension. e judgment is to pay a fine, and that the defendant be 1 until it be paid, the court, judge, or justice, upon sentence, may direct that the execution of the sentence onment be suspended for such period of time, not exe maximum possible term of such sentence, and on s as it shall determine, and shall place the defendant on, under the charge and supervision of the probation officer during such suspension, to the end that he may be given the opportunity to pay the fine; provided, however, that upon the payment of the fine being made, judgment shall be satisfied and the probation cease. 3. At any time during the probationary term of the person released on probation, in accordance with the provisions of this section, any probation officer may, without warrant, or other process, at any time until the final disposition of the case, rearrest any person so placed in his care and bring him before the court, or the court may, in his discretion, issue a warrant for the rearrest of any such person and may thereupon revoke and terminate such probation, if the interest of justice so requires, and if the court, in its judgment, shall have reason to believe from the report of the probation officer, or otherwise, that the person so placed upon probation is violating the conditions of his probation, or engaging in criminal practices, or has become abandoned to improper associates, or a vicious life. Upon such revocation and termination, the court may, if the sentence has been suspended, pronounce judgment at any time after the said suspension of the sentence within the longest period for which the defendant might have been sentenced, but if the judgment has been pronounced and the execution thereof has been suspended, the court may revoke such suspension, whereupon the judgment shall be in full force and effect, and the person shall be delivered over to the proper officer to serve his sentence. Sentence may be revoked or modified. 4. The court shall have power at any time during the term of probation to revoke or modify its order of suspension of imposition or execution of sentence. It may, at any time, when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation and discharge the person so held, and in all cases, if the court has not seen fit to revoke the order of probation and impose sentence or pronounce judgment, the defendant shall, at the end of the term of probation, be by the court discharged. Termination of probation. 5. Every defendant who has fulfilled the conditions of his probation for the entire period thereof, or who shall have been dis charged from probation prior to the termination of the period thereof, shall at any time prior to the expiration of the maximum period of punishment for the offense of which he has been convicted, dating from said discharge from probation or said termination of said period of probation, be permitted by the court to withdraw his plea of guilty and enter a plea of not guilty; or, if he has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty and the court shall thereupon dismiss the accusation or information against such defendant who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted. [Pen. Code.] Judgment, by whom and how executed. SEC. 1215. If the judgment is for imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer and by him detained until the judgment is complied with. Where, however, the court has suspended sentence, or where, after imposing sentence, the court has suspended the execution thereof and placed the defendant on probation, as provided in section twelve hundred and three of the Penal Code, the defendant, if over the age of sixteen years, must forthwith be placed under the care and supervision of the probation officer of the court committing him, until the expiration of the period of probation and the compliance with the terms and conditions of the sentence, or of the suspension thereof. Where, however, the probation has been terminated as provided in section twelve hundred and three of the Penal Code, and the suspension of the sentence, or of the execution revoked, and the judgment pronounced, the defendant must forthwith be committed to the custody of the proper officer and be detained until the judgment be complied with. [Pen. Code.] Parole of prisoners. B. PAROLES. SECTION 1. Section one of an act entitled "An act to establish board of parole commissioners for the parole of and government of paroled prisoners," approved March twenty-third, eighteen hundred and ninety-three. is hereby amended so as to read as follows: Section 1. The state board of prison directors of this state shall have power to establish rules and regulations under which STANFORD LIBRARIES any prisoner who is now or hereafter may be imprisoned in any state prison, and who may have served one calendar year of the term for which he was convicted, and who has not previously been convicted of a felony and served a term in a penal institution, may be allowed to go upon parole outside of the buildings and enclosures, but to remain while on parole in the legal custody and under the control of the state board of prison directors, and subject at any time to be taken back within the enclosure of said prison; and full power to make and enforce such rules and regulations and retake and imprison any convict so upon parole is hereby conferred upon said board of directors, whose written order certified by the president of said board shall be a sufficient warrant for all officers named therein to authorize such officer to return to actual custody any conditionally released or paroled prisoner, and it is hereby made the duty of all chiefs of police, marshals of cities and villages, and sheriffs of counties, and all police, prison, and peace officers and constables to execute any such order in like manner as ordinary criminal process; provided, however, that no prisoner imprisoned under sentence for life shall be paroled until he shall have served at least seven calendar years. The governor of the state shall have like power to cancel and revoke the parole of any prisoner, and his written authority shall likewise be sufficient to authorize any of the officers named therein to retake and return said prisoner to the state prison, and his written order canceling or revoking the parole shall have the same force and effect and be executed in like manner as the order of the state board of prison directors. If any prisoner so paroled shall leave the state without permission from said board he shall be held as an escaped prisoner and arrested as such. SEC. 2. This act shall take effect immediately from and after its passage. [Stats. 1901, p. 82.] A convict out on parole who escapes is a fugitive from justice: 68 Conn. 441. As to the parole of second-termers, see sec. 667 of the Penal Code, page 143. RULES FOR THE PAROLING OF PRISONERS CONFINED IN THE CALIFORNIA STATE PRISONS. ADOPTED SEP TEMBER 27, 1909. RULE I. Record of prisoners. It shall be the duty of the wardens of the respective prisons at San Quentin and at Folsom to keep a full and accurate record of each prisoner therein confined who may be eligible to parole under the provisions of the law. This record shall include a biographical sketch covering such items as may indicate the causes of the criminal character or conduct of the prisoner, and the advantages and opportunities of education, moral training, employment, etc., enjoyed before arrest by said prisoner; also a personal record showing, so far as possible or practicable, his conduct, demeanor, diligence at labor, and progress in education while confined in such prison; and also a percentage table, indicating the said record of each prisoner, using 100 as a maximum. No prisoner whose record shall not have shown 100 per cent for six (6) consecutive months shall be eligible to parole. Report on applicants. RULE II. Before considering any case for parole, the board will require the written report, recommendation, and opinion of the warden, captain of the yard, and physician at San Quentin, and of the warden, captain of the guard, physician, and turnkey at Folsom, in the cases of prisoners in their respective prisons. Such officers shall report the general conduct and habits of the prisoner, and the probability, in their judgment, of his remaining on parole without violating the law. It shall be the duty of such officers to obtain all the information possible of the antecedents of each and every applicant for parole, together with such statements of the crime committed by the prisoner, and such advice and opinion concerning the advisability of granting a parole, as can be obtained from the judge who tried the case, the district attorney, and counsel for defense. It shall be the duty of such officers to examine into each and every application for parole, and present to the board all available data at as early a date as possible, together with any and all papers, documents, and records necessary for a proper and full consideration of each application, as provided by these rules. It shall be the duty of such officers to S |