————————————
EXPIRATION OF SENTENCE.
—————
FULL commutation time is allowed in all cases where the time of expiration of sentence is mentioned. To obtain the date of a prisoner’s discharge, see the Commutation Laws of the State wherein he or she was sentenced.
NEW YORK STATE.
The provisions of Chapter 21 of the Laws of 1886 for the commutation of sentences for good conduct, and the rules formulated in compliance with its requirements, are as follows:
CHAPTER 21.—An Act providing for commutation of sentences for good behavior of convicts in the prisons and penitentiaries in this State. Passed February 23, 1886.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION I. Every convict confined in any State prison or penitentiary in this State, on a conviction of a felony or misdemeanor, whether male or female, where the terms or term equal or equals one year, or who has a term the maximum of which is fixed by law, exclusive of any term which may be imposed by the court or statute as an alternative to the payment of a fine, or a term of life imprisonment, may earn for himself or herself a commutation or diminution of his or her sentence or sentences as follows, namely: Two months for the first year, two months for the second year, four months each for the third and fourth years, and five months for each subsequent year.
SEC. 2. Where any convict in any State prison or penitentiary in this State is held under more than one conviction, the several terms of imprisonment imposed thereunder shall be construed as one continuing term for the purpose of estimating the amount of commutation which he or she may be entitled to under the provisions of this act.
SEC. 3. For the purposes of this act, the term of imprisonment of each convict shall begin on the date of his or her actual incarceration in a State prison or penitentiary.
SEC. 4. On any day not later than the twentieth day of each month, the agent and warden of each of the State prisons in this State, and the warden or superintendent of each of the penitentiaries in this State, shall forward to the Governor a report,, directed to him, of any convict or convicts who may be discharged the following month by reason of the commutation of his or her sentence or their sentences in the manner hereinafter provided, which may be written or printed, or partly written and partly printed, which shall be uniform as to size and arrangement, which size and arrangement shall be fixed by the Governor, and shall contain the following information, distinctly written, namely: the full name of the convict, together with any alias which he or she may be known to have, the name of the county where the conviction was had, a brief description of the crime of which the convict was convicted, the name of the court in which the conviction was had, the name of the presiding judge, the date of sentence, the date of reception in the prison or penitentiary, the term and fine, the amount of commutation recommended, and the date for discharge from the prison or penitentiary, if allowed.
SEC. 5. In the cases of all convicts where the date of discharge from a State prison or penitentiary, as determined after the allowance of commutation for good conduct, falls on Sunday, or any legal holiday, it shall fall on the day following.
SEC. 6. As soon as practicable after the passage of this act, the Superintendent of State prisons shall formulate rules governing the allowance or disallowance of commutation to convicts for good conduct in prison or penitentiary, which shall in all cases be strictly adhered to in all the prisons and penitentiaries in this State. These rules may be changed from time to time, if necessary, in the discretion of the Superintendent of State prisons, and he shall, immediately on their adoption, or of any changes in the same thereafter, cause copies of the same to be forwarded to the agents and wardens of all the prisons, and the wardens or superintendents of all the penitentiaries in this State. A copy of these rules shall be furnished to every convict entitled to the benefits of this act.
SEC. 7. For the purpose of applying the rules mentioned in the last section for the allowance or disallowance of commutation for the good conduct of any convict, a board shall be constituted in each of the prisons and penitentiaries of this State, to consist of the agent and warden in each of the State prisons, and the principal keeper and the physician therein, and the warden or superintendent in each of the penitentiaries of this State, the deputy or principal keeper and the physician therein, or of the persons acting in their place and stead. This board shall meet once in each month before the date fixed for the transmission of their report to the Governor, as hereinbefore provided, and proceed to determine the amount of commutation which they shall recommend to be allowed to any convict, which shall not in any case exceed the amount fixed by this act. They shall have full discretion to recommend the withholding the allowance of commutation for good conduct, or a part thereof, as a punishment for offenses against the discipline of the prison or penitentiary, in accordance with the rules hereinbefore mentioned.
SEC. 8. In all cases, however, where the board shall recommend the withholding of the allowance of the whole or any part of commutation for good conduct, they shall forward with their report to the Governor their reasons, in writing, for such disallowance, and the Governor may, in his discretion, decrease or increase the amount of commutation as recommended by the said board, but he shall not increase the same beyond the amount fixed by this act.
SEC. 9. In case any convict in any of the State prisons or penitentiaries in this State having a sentence or sentences which equals or equal four years, escapes or attempts to escape, he or she shall, for the first escape or attempt to escape, forfeit one- half the amount of commutation fixed by this act. For the second escape or attempt to escape, he or she shall forfeit all commutation for good conduct as provided for in this act. Any convict, however, having a sentence or sentences which equals or equal less than four years, who escapes or attempts to escape, shall forfeit all commutation for good conduct as provided for in this act. But where a convict has more than one term, the provisions of this section shall only apply to the term during which the escape or attempt to escape was made.
SEC. 10. The board hereinbefore provided for to fix the amount of commutation for good conduct shall, immediately on the escape or attempt to escape of any convict, meet and proceed to investigate the said escape or attempt to escape, reduce the testimony of all persons having knowledge on the subject to writing, cause the said persons to affix their signatures thereto and make oath to the same before any one of the members of said board, who is hereby authorized and empowered to administer such oath, and false swearing on such examination or in such statement shall be perjury. The said board shall thereupon make a full report in writing, and immediately forward the same to the superintendent of State prisons, who shall thereupon determine whether an escape or attempt to escape was committed, make an indorsement, in writing, of his decision, and return the same to the agent and warden of the State prison, or the warden or superintendent of the penitentiary where the escape or attempt to escape shall have occurred, where the same shall be recorded in a book to be kept for that purpose. But, if from newly-discovered evidence, or other just cause, there is reasonable ground to believe that an injustice has been done to any convict in his or her having been adjudged to have escaped or attempted to escape, the superintendent of State prisons may, in his discretion, make an order in writing directed to the agent and warden of the State prison or the warden or superintendent of the penitentiary from which such convict was adjudged to have escaped or attempted to have escaped, requiring that a re-examination of the former adjudication be had, and upon a report to him of such re-examination, he shall proceed to render a decision upon the same. And the proceedings on such re-examination, the decision and the proceedings had thereunder, shall in all respects be conducted in the manner above set forth in this section as upon a first hearing in the matter of an escape or attempt to escape. But the provisions of this section shall not apply to the case of any convict, the length of whose term or terms is less than one year.
SEC. 11. The provisions of section nine shall apply to all convicts who are now, or may hereafter be confined in any prison or penitentiary of this State.
SEC. 12. The reports of the various boards for the determination of the amount of commutation for good conduct of convicts in the prisons and penitentiaries of this State to the Governor, shall be personally signed by the members thereof.
SEC. 13. The Governor, upon the receipt of the report recommending the allowance of commutation of sentences of convicts for good conduct, as provided for in this act, may, in his discretion, allow the same, and place the names of all those convicts whom he may determine to commute upon one warrant, and direct the same to the agent and warden of the State prison, or the warden or superintendent of the penitentiary, wherein such convicts may be confined, who shall thereupon proceed to execute such warrant by discharging the convicts mentioned therein on the date fixed for their discharge.
SEC. 14. The Governor shall, in commuting the sentences of convicts as provided for in this act, annex a condition to the effect that if any convict so commuted shall, during the period between the date of his or her discharge, by reason of such commutation and the date of the expiration of the full term for which he or she was sentenced, be convicted of any felony, he or she shall, in addition to the penalty which may be imposed for such felony committed in the interval as aforesaid, be compelled to serve in the prison or penitentiary in which he or she may be confined for the felony for which he or she is so convicted, the remainder of the term without commutation which he or she would have been compelled to serve but for the commutation of his or her sentence as provided for in this act.
SEC. 15. The certificate of the agent and warden of a State prison, or the warden or superintendent of a penitentiary, that the period of imprisonment of a convict was commuted under the provisions of this act, and of the crime and the length of term for which such commutation was granted, shall be received in evidence as proof for the purposes mentioned and described in section fourteen.
SEC. 16. Upon the receipt of any convict in any prison or penitentiary in this State who shall be entitled to the benefits of this act, the provisions of the same shall be read to him or her, and the meaning of same shall be fully explained to him or her by the clerk of the prison or penitentiary.
SEC. 17. U pon the discharge of any convict by reason of commutation of sentence for good conduct, the provisions of sections fourteen and fifteen of this act shall be read to, and their nature fully explained to him or her by the clerk of the prison or penitentiary.
SEC. 18. The provisions of this act shall apply to any convict who may have been transferred to the State asylum for insane criminals from either of the prisons or penitentiaries, or from any reformatory of this State, to which he or she may have been transferred from any of the prisons or penitentiaries of this State, whose sentence or sentences aggregates or aggregate not less than one year. And the medical superintendent of the State asylum for insane criminals may and shall perform any of the acts which may or shall be done by any board mentioned in this act.
SEC. 19. The provisions of this act shall apply to any convict who may have been transferred from either of the prisons or penitentiaries to any reformatory of this State whose sentence or sentences equals or equal not less than one year. And the superintendent or chief officer of any reformatory in this State to which any convict may be transferred as aforesaid, may and shall perform any of the acts which may or shall be done by any board mentioned in this act.
SEC. 20. In all cases where it is herein provided that any board shall or may do any act, a majority thereof may and shall perform the same.
SEC. 21. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.
SEC. 22. This act shall take effect immediately.
PRISON RULES.
RULE 1. § 9. In case any convict in any of the State prisons or penitentiaries in this State having a sentence or sentences which equals or equal four years, escapes or attempts to escape, he or she shall, for the first escape or attempt to escape, forfeit one-half the amount of commutation fixed by the above act. For the second escape or attempt to escape, he or she shall forfeit all commutation for good conduct provided for in the above act. Any convict, however, having a sentence or sentences which equals or equal less than four years, who escapes or attempts to escape, shall forfeit all commutation for good conduct, provided for in the above act.
RULE 2. Any convict who shall assault an officer with a dangerous weapon shall forfeit not less than one-half of the commutation fixed by the above act for good conduct.
RULE 3. Any convict who shall assault another convict with a dangerous weapon shall forfeit not less than one-quarter of the commutation fixed by the above act for good conduct.
RULE 4. For assaulting or attempting to assault an officer or assaulting another convict, not with a dangerous weapon; for disobeying orders; for resisting an officer; for insubordination; for feigning insanity; for smuggling or attempting to smuggle letters or other articles in or out of prison or penitentiary, the convict offending shall forfeit not less than ten days of the allowance of commutation fixed by the above act for good conduct.
RULE 5. Any convict who shall destroy or secrete property shall forfeit not less than five days of the allowance of commutation fixed by the above act for good conduct.
RULE 6. For offenses not enumerated in the foregoing rules, but which in the judgment of the board constituted by section 7 of the above act require a penalty, the convict offending shall forfeit not less than three days of the allowance of commutation fixed by the above act for good conduct.
RULE 7. If, while serving the remainder of a term as provided by section 14 of the above act, a convict shall commit any of the offenses enumerated in the foregoing rules, the forfeiture therefor shall apply on the term of the last sentence.
RULE 8. The board constituted by section 7 of the above act may take into consideration the general average conduct of a convict, and recommend the withholding of such part of the commutation for good conduct as in its judgment may be just in accordance with the foregoing rules.
ISAAC V. BAKER, JR., Superintendent of State Prisons.
ALBANY, March 15, 1886.
TABLES OF COMMUTATION ON SENTENCES FOR GOOD BEHAVIOR.
STATE OF NEW YORK, EXECUTIVE CHAMBER, ALBANY, March 26, 1886.}
The attention of all officers charged with the administration of the criminal law is directed to the provisions of section 697 of the Penal Code, as amended by Chapter 68 of the Laws of 1886, which is as follows:
“SECTION 697. Where a convict is sentenced to be imprisoned in a State prison or a penitentiary for a longer period than one year, the court before which the conviction is had must limit the term of the sentence, having reference to the probability of the convict earning a reduction of his or her term for good behavior, as provided by statute, and assuming that such reduction will be earned, so that it will expire between the month of March and the month of November, unless the exact period of the sentence is fixed by law.”
This section, as amended, went into effect March 25, 1886.
The copies of commitments to the various prisons and penitentiaries and the reports of commutation received each month at the Executive Chamber, show that ninety-five per centum of convicts earn the reduction allowed under the provisions of the statute.
The wise and humane intention of the act above quoted, which aims at the release of convicts during the season of mild weather, and when the chances of employment are the best, should be strictly observed.
It is also proper that attention should be directed to section 2 of chapter 21 of the Laws of 1886, which provides that in estimating commutation, all the terms under which a convict is imprisoned shall be construed as one continuous term.
For the convenience of courts and others, the following tables, showing the amount of commutation which may be earned on a given number of years or fractions thereof, have been prepared and issued.
DAVID B. HILL, Governor.
————————————
TABLE SHOWING COMMUTATION ON SENTENCES FOR YEARS, FROM ONE TO THIRTY-FIVE INCLUSIVE.
|
SENT. |
COMMUTATION. |
|
|
YEARS. |
YRS. |
MOS. |
|
1 |
.. |
2 |
|
2 |
.. |
4 |
|
3 |
.. |
8 |
|
4 |
1 |
.. |
|
5 |
1 |
5 |
|
6 |
1 |
10 |
|
7 |
2 |
3 |
|
8 |
2 |
8 |
|
9 |
3 |
1 |
|
10 |
3 |
6 |
|
11 |
3 |
11 |
|
12 |
4 |
4 |
|
13 |
4 |
9 |
|
14 |
5 |
2 |
|
15 |
5 |
7 |
|
l6 |
6 |
.. |
|
17 |
6 |
5 |
|
18 |
6 |
10 |
|
19 |
7 |
3 |
|
20 |
7 |
8 |
|
21 |
8 |
1 |
|
22 |
8 |
6 |
|
23 |
8 |
11 |
|
24 |
9 |
4 |
|
25 |
9 |
9 |
|
26 |
10 |
2 |
|
27 |
10 |
7 |
|
28 |
11 |
.. |
|
29 |
11 |
5 |
|
30 |
11 |
10 |
|
31 |
12 |
3 |
|
32 |
12 |
8 |
|
33 |
13 |
1 |
|
34 |
13 |
6 |
|
35 |
13 |
11 |
COMMUTATION ON SENTENCES FOR YEARS AND MONTHS, FROM ONE TO THIRTY-FIVE YEARS INCLUSIVE.
|
SENT'NCE |
COMMUTATION |
|||
|
YRS. |
MOS |
YRS. |
MOS |
DAYS |
|
1 |
.. |
.. |
2 |
.. |
|
1 |
1 |
.. |
2 |
5 |
|
1 |
2 |
.. |
2 |
10 |
|
1 |
3 |
.. |
2 |
15 |
|
1 |
4 |
.. |
2 |
20 |
|
1 |
5 |
.. |
2 |
25 |
|
1 |
6 |
.. |
3 |
.. |
|
1 |
7 |
.. |
3 |
5 |
|
1 |
8 |
.. |
3 |
10 |
|
1 |
9 |
.. |
3 |
15 |
|
1 |
10 |
.. |
3 |
20 |
|
1 |
11 |
.. |
3 |
25 |
|
2 |
.. |
.. |
4 |
.. |
|
2 |
1 |
.. |
4 |
10 |
|
2 |
2 |
.. |
4 |
20 |
|
2 |
3 |
.. |
5 |
.. |
|
2 |
4 |
.. |
5 |
10 |
|
2 |
5 |
.. |
5 |
20 |
|
2 |
6 |
.. |
6 |
.. |
|
2 |
7 |
.. |
6 |
10 |
|
2 |
8 |
.. |
6 |
20 |
|
2 |
9 |
.. |
7 |
.. |
|
2 |
10 |
.. |
7 |
10 |
|
2 |
11 |
.. |
7 |
20 |
|
3 |
.. |
.. |
8 |
.. |
|
3 |
1 |
.. |
8 |
10 |
|
3 |
2 |
.. |
8 |
20 |
|
3 |
3 |
.. |
9 |
.. |
|
3 |
4 |
.. |
9 |
10 |
|
3 |
5 |
.. |
9 |
20 |
|
3 |
6 |
.. |
10 |
.. |
|
3 |
7 |
.. |
10 |
10 |
|
3 |
8 |
.. |
10 |
20 |
|
3 |
9 |
.. |
11 |
.. |
|
3 |
10 |
.. |
11 |
10 |
|
3 |
11 |
.. |
11 |
20 |
|
4 |
.. |
1 |
.. |
.. |
|
4 |
1 |
1 |
.. |
12½ |
|
4 |
2 |
1 |
.. |
25 |
|
4 |
3 |
1 |
1 |
7½ |
|
4 |
4 |
1 |
1 |
20 |
|
4 |
5 |
1 |
2 |
2½ |
|
4 |
6 |
1 |
2 |
15 |
|
4 |
7 |
1 |
2 |
27½ |
|
4 |
8 |
1 |
3 |
10 |
|
4 |
9 |
1 |
3 |
22½ |
|
4 |
10 |
1 |
4 |
5 |
|
4 |
11 |
1 |
4 |
17½ |
|
5 |
.. |
1 |
5 |
.. |
|
5 |
1 |
1 |
5 |
12½ |
|
5 |
2 |
1 |
5 |
25 |
|
5 |
3 |
1 |
6 |
7½ |
|
5 |
4 |
1 |
6 |
20 |
|
5 |
5 |
1 |
7 |
2½ |
|
5 |
6 |
1 |
7 |
15 |
|
5 |
7 |
1 |
7 |
27½ |
|
5 |
8 |
1 |
8 |
10 |
|
5 |
9 |
1 |
8 |
22½ |
|
5 |
10 |
1 |
9 |
5 |
|
5 |
11 |
1 |
9 |
17½ |
|
6 |
.. |
1 |
10 |
.. |
|
6 |
1 |
1 |
10 |
12½ |
|
6 |
2 |
1 |
10 |
25 |
|
6 |
3 |
1 |
11 |
7½ |
|
6 |
4 |
1 |
11 |
20 |
|
6 |
5 |
2 |
.. |
2½ |
|
6 |
6 |
2 |
.. |
15 |
|
6 |
7 |
2 |
.. |
27½ |
|
6 |
8 |
2 |
1 |
10 |
|
6 |
9 |
2 |
1 |
22½ |
|
6 |
10 |
2 |
2 |
5 |
|
6 |
11 |
2 |
2 |
17½ |
|
7 |
.. |
2 |
3 |
.. |
|
7 |
1 |
2 |
3 |
12½ |
|
7 |
2 |
2 |
3 |
25 |
|
7 |
3 |
2 |
4 |
7½ |
|
7 |
4 |
2 |
4 |
20 |
|
7 |
5 |
2 |
5 |
2½ |
|
7 |
6 |
2 |
5 |
15 |
|
7 |
7 |
2 |
5 |
27½ |
|
7 |
8 |
2 |
6 |
10 |
|
7 |
9 |
2 |
6 |
22½ |
|
7 |
10 |
2 |
7 |
5 |
|
7 |
11 |
2 |
7 |
17½ |
|
8 |
.. |
2 |
8 |
.. |
|
8 |
1 |
2 |
8 |
12½ |
|
8 |
2 |
2 |
8 |
25 |
|
8 |
3 |
2 |
9 |
7½ |
|
8 |
4 |
2 |
9 |
20 |
|
8 |
5 |
2 |
10 |
2½ |
|
8 |
6 |
2 |
10 |
15 |
|
8 |
7 |
2 |
10 |
27½ |
|
8 |
8 |
2 |
11 |
10 |
|
8 |
9 |
2 |
11 |
22½ |
|
8 |
10 |
3 |
.. |
5 |
|
8 |
11 |
3 |
.. |
17½ |
|
9 |
.. |
3 |
1 |
.. |
|
9 |
1 |
3 |
1 |
12½ |
|
9 |
2 |
3 |
1 |
25 |
|
9 |
3 |
3 |
2 |
7½ |
|
9 |
4 |
3 |
2 |
20 |
|
9 |
5 |
3 |
3 |
2½ |
|
9 |
6 |
3 |
3 |
15 |
|
9 |
7 |
3 |
3 |
27½ |
|
9 |
8 |
3 |
4 |
10 |
|
9 |
9 |
3 |
4 |
22½ |
|
9 |
10 |
3 |
5 |
5 |
|
9 |
11 |
3 |
5 |
17½ |
|
10 |
.. |
3 |
6 |
.. |
|
10 |
1 |
3 |
6 |
12½ |
|
10 |
2 |
3 |
6 |
25 |
|
10 |
3 |
3 |
7 |
7½ |
|
10 |
4 |
3 |
7 |
20 |
|
10 |
5 |
3 |
8 |
2½ |
|
10 |
6 |
3 |
8 |
15 |
|
10 |
7 |
3 |
8 |
27½ |
|
10 |
8 |
3 |
9 |
10 |
|
10 |
9 |
3 |
9 |
22½ |
|
10 |
10 |
3 |
10 |
5 |
|
10 |
11 |
3 |
10 |
17½ |
|
11 |
.. |
3 |
11 |
.. |
|
11 |
1 |
3 |
11 |
12½ |
|
11 |
2 |
3 |
11 |
25 |
|
11 |
3 |
4 |
.. |
7½ |
|
11 |
4 |
4 |
.. |
20 |
|
11 |
5 |
4 |
1 |
2½ |
|
11 |
6 |
4 |
1 |
15 |
|
11 |
7 |
4 |
1 |
27½ |
|
11 |
8 |
4 |
2 |
10 |
|
11 |
9 |
4 |
2 |
22½ |
|
11 |
10 |
4 |
3 |
5 |
|
11 |
11 |
4 |
3 |
17½ |
|
12 |
.. |
4 |
4 |
.. |
|
12 |
1 |
4 |
4 |
12½ |
|
12 |
2 |
4 |
4 |
25 |
|
12 |
3 |
4 |
5 |
7½ |
|
12 |
4 |
4 |
5 |
20 |
|
12 |
5 |
4 |
6 |
2½ |
|
12 |
6 |
4 |
6 |
15 |
|
12 |
7 |
4 |
6 |
27½ |
|
12 |
8 |
4 |
7 |
10 |
|
12 |
9 |
4 |
7 |
22½ |
|
12 |
10 |
4 |
8 |
5 |
|
12 |
11 |
4 |
8 |
17½ |
|
13 |
.. |
4 |
9 |
.. |
|
13 |
1 |
4 |
9 |
12½ |
|
13 |
2 |
4 |
9 |
25 |
|
13 |
3 |
4 |
10 |
7½ |
|
13 |
4 |
4 |
10 |
20 |
|
13 |
5 |
4 |
11 |
2½ |
|
13 |
6 |
4 |
11 |
15 |
|
13 |
7 |
4 |
11 |
27½ |
|
13 |
8 |
5 |
.. |
10 |
|
13 |
9 |
5 |
.. |
22½ |
|
13 |
10 |
5 |
1 |
5 |
|
13 |
11 |
5 |
1 |
17½ |
|
14 |
.. |
5 |
2 |
.. |
|
14 |
1 |
5 |
2 |
12½ |
|
14 |
2 |
5 |
2 |
25 |
|
14 |
3 |
5 |
3 |
7½ |
|
14 |
4 |
5 |
3 |
20 |
|
14 |
5 |
5 |
4 |
2½ |
|
14 |
6 |
5 |
4 |
15 |
|
14 |
7 |
5 |
4 |
27½ |
|
14 |
8 |
5 |
5 |
10 |
|
14 |
9 |
5 |
5 |
22½ |
|
14 |
10 |
5 |
6 |
5 |
|
14 |
11 |
5 |
6 |
17½ |
|
15 |
.. |
5 |
7 |
.. |
|
15 |
1 |
5 |
7 |
12½ |
|
15 |
2 |
5 |
7 |
25 |
|
15 |
3 |
5 |
8 |
7½ |
|
15 |
4 |
5 |
8 |
20 |
|
15 |
5 |
5 |
9 |
2½ |
|
15 |
6 |
5 |
9 |
15 |
|
15 |
7 |
5 |
9 |
27½ |
|
15 |
8 |
5 |
10 |
10 |
|
15 |
9 |
5 |
10 |
22½ |
|
15 |
10 |
5 |
11 |
5 |
|
15 |
11 |
5 |
11 |
17½ |
|
16 |
.. |
6 |
.. |
.. |
|
16 |
1 |
6 |
.. |
12½ |
|
16 |
2 |
6 |
.. |
25 |
|
16 |
3 |
6 |
1 |
7½ |
|
16 |
4 |
6 |
1 |
20 |
|
16 |
5 |
6 |
2 |
2½ |
|
16 |
6 |
6 |
2 |
15 |
|
16 |
7 |
6 |
2 |
27½ |
|
16 |
8 |
6 |
3 |
10 |
|
16 |
9 |
6 |
3 |
22½ |
|
16 |
10 |
6 |
4 |
5 |
|
16 |
11 |
6 |
4 |
17½ |
|
17 |
.. |
6 |
5 |
.. |
|
17 |
1 |
6 |
5 |
12½ |
|
17 |
2 |
6 |
5 |
25 |
|
17 |
3 |
6 |
6 |
7½ |
|
17 |
4 |
6 |
6 |
20 |
|
17 |
5 |
6 |
7 |
2½ |
|
17 |
6 |
6 |
7 |
15 |
|
17 |
7 |
6 |
7 |
27½ |
|
17 |
8 |
6 |
8 |
10 |
|
17 |
9 |
6 |
8 |
22½ |
|
17 |
10 |
6 |
9 |
5 |
|
17 |
11 |
6 |
9 |
17½ |
|
18 |
.. |
6 |
10 |
.. |
|
18 |
1 |
6 |
10 |
12½ |
|
18 |
2 |
6 |
10 |
25 |
|
18 |
3 |
6 |
11 |
7½ |
|
18 |
4 |
6 |
11 |
20 |
|
18 |
5 |
7 |
.. |
2½ |
|
18 |
6 |
7 |
.. |
15 |
|
18 |
7 |
7 |
.. |
27½ |
|
18 |
8 |
7 |
1 |
10 |
|
18 |
9 |
7 |
1 |
22½ |
|
18 |
10 |
7 |
2 |
5 |
|
18 |
11 |
7 |
2 |
17½ |
|
19 |
.. |
7 |
3 |
.. |
|
19 |
1 |
7 |
3 |
12½ |
|
19 |
2 |
7 |
3 |
25 |
|
19 |
3 |
7 |
4 |
7½ |
|
19 |
4 |
7 |
4 |
20 |
|
19 |
5 |
7 |
5 |
2½ |
|
19 |
6 |
7 |
5 |
15 |
|
19 |
7 |
7 |
5 |
27½ |
|
19 |
8 |
7 |
6 |
10 |
|
19 |
9 |
7 |
6 |
22½ |
|
19 |
10 |
7 |
7 |
5 |
|
19 |
11 |
7 |
7 |
17½ |
|
20 |
.. |
7 |
8 |
.. |
|
20 |
1 |
7 |
8 |
12½ |
|
20 |
2 |
7 |
8 |
25 |
|
20 |
3 |
7 |
9 |
7½ |
|
20 |
4 |
7 |
9 |
20 |
|
20 |
5 |
7 |
10 |
2½ |
|
20 |
6 |
7 |
10 |
15 |
|
20 |
7 |
7 |
10 |
27½ |
|
20 |
8 |
7 |
11 |
10 |
|
20 |
9 |
7 |
11 |
22½ |
|
20 |
10 |
8 |
.. |
5 |
|
20 |
11 |
8 |
.. |
17½ |
|
21 |
.. |
8 |
1 |
.. |
|
21 |
1 |
8 |
1 |
12½ |
|
21 |
2 |
8 |
1 |
25 |
|
21 |
3 |
8 |
2 |
7½ |
|
21 |
4 |
8 |
2 |
20 |
|
21 |
5 |
8 |
3 |
2½ |
|
21 |
6 |
8 |
3 |
15 |
|
21 |
7 |
8 |
3 |
27½ |
|
21 |
8 |
8 |
4 |
10 |
|
21 |
9 |
8 |
4 |
22½ |
|
21 |
10 |
8 |
5 |
5 |
|
21 |
11 |
8 |
5 |
17½ |
|
22 |
.. |
8 |
6 |
.. |
|
22 |
1 |
8 |
6 |
12½ |
|
22 |
2 |
8 |
6 |
25 |
|
22 |
3 |
8 |
7 |
7½ |
|
22 |
4 |
8 |
7 |
20 |
|
22 |
5 |
8 |
8 |
2½ |
|
22 |
6 |
8 |
8 |
15 |
|
22 |
7 |
8 |
8 |
27½ |
|
22 |
8 |
8 |
9 |
10 |
|
22 |
9 |
8 |
9 |
22½ |
|
22 |
10 |
8 |
10 |
5 |
|
22 |
11 |
8 |
10 |
17½ |
|
23 |
.. |
8 |
11 |
.. |
|
23 |
1 |
8 |
11 |
12½ |
|
23 |
2 |
8 |
11 |
25½ |
|
23 |
3 |
9 |
.. |
7½ |
|
23 |
4 |
9 |
.. |
20 |
|
23 |
5 |
9 |
1 |
2½ |
|
23 |
6 |
9 |
1 |
15 |
|
23 |
7 |
9 |
1 |
27½ |
|
23 |
8 |
9 |
2 |
10 |
|
23 |
9 |
9 |
2 |
22½ |
|
23 |
10 |
9 |
3 |
5 |
|
23 |
11 |
9 |
3 |
17½ |
|
24 |
.. |
9 |
4 |
.. |
|
24 |
1 |
9 |
4 |
12½ |
|
24 |
2 |
9 |
4 |
25 |
|
24 |
3 |
9 |
5 |
7½ |
|
24 |
4 |
9 |
5 |
20 |
|
24 |
5 |
9 |
6 |
2½ |
|
24 |
6 |
9 |
6 |
15 |
|
24 |
7 |
9 |
6 |
27½ |
|
24 |
8 |
9 |
7 |
10 |
|
24 |
9 |
9 |
7 |
22½ |
|
24 |
10 |
9 |
8 |
5 |
|
24 |
11 |
9 |
8 |
17½ |
|
25 |
.. |
9 |
9 |
.. |
|
25 |
1 |
9 |
9 |
12½ |
|
25 |
2 |
9 |
9 |
25 |
|
25 |
3 |
9 |
10 |
7½ |
|
25 |
4 |
9 |
10 |
20 |
|
25 |
5 |
9 |
11 |
2½ |
|
25 |
6 |
9 |
11 |
15 |
|
25 |
7 |
9 |
11 |
27½ |
|
25 |
8 |
10 |
.. |
10 |
|
25 |
9 |
10 |
.. |
22½ |
|
25 |
10 |
10 |
1 |
5 |
|
25 |
11 |
10 |
1 |
17½ |
|
26 |
.. |
10 |
2 |
.. |
|
26 |
1 |
10 |
2 |
12½ |
|
26 |
2 |
10 |
2 |
25 |
|
26 |
3 |
10 |
3 |
7½ |
|
26 |
4 |
10 |
3 |
20 |
|
26 |
5 |
10 |
4 |
2½ |
|
26 |
6 |
10 |
4 |
15 |
|
26 |
7 |
10 |
4 |
27½ |
|
26 |
8 |
10 |
5 |
10 |
|
26 |
9 |
30 |
5 |
22½ |
|
26 |
10 |
10 |
6 |
5 |
|
26 |
11 |
10 |
6 |
17½ |
|
27 |
.. |
10 |
7 |
.. |
|
27 |
1 |
10 |
7 |
12½ |
|
27 |
2 |
10 |
7 |
25 |
|
27 |
3 |
10 |
8 |
7½ |
|
27 |
4 |
10 |
8 |
20 |
|
27 |
5 |
10 |
9 |
2½ |
|
27 |
6 |
10 |
9 |
15 |
|
27 |
7 |
10 |
9 |
27½ |
|
27 |
8 |
10 |
10 |
10 |
|
27 |
9 |
10 |
10 |
22½ |
|
27 |
10 |
10 |
11 |
5 |
|
27 |
11 |
10 |
11 |
17½ |
|
28 |
.. |
11 |
.. |
.. |
|
28 |
1 |
11 |
.. |
12½ |
|
28 |
2 |
11 |
.. |
25 |
|
28 |
3 |
11 |
1 |
7½ |
|
28 |
4 |
11 |
1 |
20 |
|
28 |
5 |
11 |
2 |
2½ |
|
28 |
6 |
11 |
2 |
15 |
|
28 |
7 |
11 |
2 |
27½ |
|
28 |
8 |
11 |
3 |
10 |
|
28 |
9 |
11 |
3 |
22½ |
|
28 |
10 |
11 |
4 |
5 |
|
28 |
11 |
11 |
4 |
17½ |
|
29 |
.. |
11 |
5 |
.. |
|
29 |
1 |
11 |
5 |
12½ |
|
29 |
2 |
11 |
5 |
25 |
|
29 |
3 |
11 |
6 |
7½ |
|
29 |
4 |
11 |
6 |
20 |
|
29 |
5 |
11 |
7 |
2½ |
|
29 |
6 |
11 |
7 |
15 |
|
29 |
7 |
11 |
7 |
27½ |
|
29 |
8 |
11 |
8 |
10 |
|
29 |
9 |
11 |
8 |
22½ |
|
29 |
10 |
11 |
9 |
5 |
|
29 |
11 |
11 |
9 |
17½ |
|
30 |
.. |
11 |
10 |
.. |
|
30 |
1 |
11 |
10 |
12½ |
|
30 |
2 |
11 |
10 |
25 |
|
30 |
3 |
11 |
11 |
7½ |
|
30 |
4 |
11 |
11 |
20 |
|
30 |
5 |
12 |
.. |
2½ |
|
30 |
6 |
12 |
.. |
15 |
|
30 |
7 |
12 |
.. |
27½ |
|
30 |
8 |
12 |
1 |
10 |
|
30 |
9 |
12 |
1 |
22½ |
|
30 |
10 |
12 |
2 |
5 |
|
30 |
11 |
12 |
2 |
17½ |
|
31 |
.. |
12 |
3 |
.. |
|
31 |
1 |
12 |
3 |
12½ |
|
31 |
2 |
12 |
3 |
25 |
|
31 |
3 |
12 |
4 |
7½ |
|
31 |
4 |
12 |
4 |
20 |
|
31 |
5 |
12 |
5 |
2½ |
|
31 |
6 |
12 |
5 |
15 |
|
31 |
7 |
12 |
5 |
27½ |
|
31 |
8 |
12 |
6 |
10 |
|
31 |
9 |
12 |
6 |
22½ |
|
31 |
10 |
12 |
7 |
5 |
|
31 |
11 |
12 |
7 |
17½ |
|
32 |
.. |
12 |
8 |
.. |
|
32 |
1 |
12 |
8 |
12½ |
|
32 |
2 |
12 |
8 |
25 |
|
32 |
3 |
12 |
9 |
7½ |
|
32 |
4 |
12 |
9 |
20 |
|
32 |
5 |
12 |
10 |
2½ |
|
32 |
6 |
12 |
10 |
15 |
|
32 |
7 |
12 |
10 |
27½ |
|
32 |
8 |
12 |
11 |
10 |
|
32 |
9 |
12 |
11 |
22½ |
|
32 |
10 |
13 |
.. |
5 |
|
32 |
11 |
13 |
.. |
17½ |
|
33 |
.. |
13 |
1 |
.. |
|
33 |
1 |
13 |
1 |
12½ |
|
33 |
2 |
13 |
1 |
25 |
|
33 |
3 |
13 |
2 |
7½ |
|
33 |
4 |
13 |
2 |
20 |
|
33 |
5 |
13 |
3 |
2½ |
|
33 |
6 |
13 |
3 |
15 |
|
33 |
7 |
13 |
3 |
27½ |
|
33 |
8 |
13 |
4 |
10 |
|
33 |
9 |
13 |
4 |
22½ |
|
33 |
10 |
13 |
5 |
5 |
|
33 |
11 |
13 |
5 |
17½ |
|
34 |
.. |
13 |
6 |
.. |
|
34 |
1 |
13 |
6 |
12½ |
|
34 |
2 |
13 |
6 |
25 |
|
34 |
3 |
13 |
7 |
7½ |
|
34 |
4 |
13 |
7 |
20 |
|
34 |
5 |
13 |
8 |
2½ |
|
34 |
6 |
13 |
8 |
15 |
|
34 |
7 |
13 |
8 |
27½ |
|
34 |
8 |
13 |
9 |
10 |
|
34 |
9 |
13 |
9 |
22½ |
|
34 |
10 |
13 |
10 |
5 |
|
34 |
11 |
13 |
10 |
17½ |
|
35 |
.. |
13 |
11 |
.. |
FUGITIVES FROM JUSTICE.
CHAPTER 442.—An Act to establish a Code of Criminal Procedure. Passed by the New York Legislature June 1, 1881. Title IV., chapter 1, provides as follows:
SECTION 827. 1. It shall be the duty of the Governor in all cases where, by virtue of a requisition made upon him by the Governor of another State or Territory, any citizen, inhabitant or temporary resident of this State is to be arrested, as a fugitive from justice (provided that said requisition be accompanied by a duly certified copy of the indictment or information from the authorities of such other State or Territory, charging such person with treason, felony or other crime in such State or Territory), to issue and transmit a warrant for such purpose to the sheriff of the proper county, or his under sheriff, or in the cities of this State (except in the city and county of New York, where such warrant shall only be issued to the superintendent or any inspector of police), to the chiefs, inspectors or superintendents of police, and only such officers as are above mentioned, and such assistants as they may designate to act under their direction, shall be competent to make service of or execute the same. The Governor may direct that any such fugitive be brought before him, and may for cause, by him deemed proper, revoke any warrant issued by him as herein provided. The officer to whom is directed and intrusted the execution of the Governor’s warrant must, within thirty days from its date, unless sooner requested, return the same and make return to the Governor of all his proceedings had thereunder, and of all facts and circumstances relating thereto. Any officer of this State, or of any city, county, town or village thereof, must, upon request of the Governor, furnish him with such information as he may desire in regard to any person or matter mentioned in this chapter.
2. Before any officer to whom such warrant shall be directed or intrusted shall deliver the person arrested into the custody of the agent or agents named in the warrant of the Governor of this State, such officer must, unless the same be waived as hereinafter stated, take the prisoner or prisoners before a judge of the Supreme Court, of any superior city court, or the presiding judge of a court of sessions, who shall, in open court if in session, otherwise at chambers, inform the prisoner or prisoners of the cause of his or their arrest, the nature of the process, and instruct him or them that if he or they claim not to be the particular person or persons mentioned in said requisition, indictment, affidavit or warrant annexed thereto, or in the warrant issued by the Governor thereon, he or they may have a writ of habeas corpus upon filing an affidavit to that effect. Said person or persons so arrested may, in writing, consent to waive the right to be taken before said court or a judge thereof at chambers. Such consent or waiver shall be witnessed by the officer intrusted with the execution of the warrant of the Governor and one of the judges aforesaid or a counselor-at-law of this State, and such waiver shall be immediately forwarded to the Governor by the officer who executed said warrant. If, after a summary hearing as speedily as may be consistent with justice, the prisoner or prisoners shall be found to be the person or persons indicted or informed against and mentioned in the requisition, the accompanying papers and the warrant issued by the Governor thereon, then the court or judge shall order and direct the officer intrusted with the execution of the said warrant of the Governor to deliver the prisoner or prisoners into the custody of the agent or agents designated in the requisition and the warrant issued thereon, as the agent or agents upon the part of such State to receive him or them; otherwise to be discharged from custody by the court or judge. If upon such hearing the warrant of the Governor shall appear to be defective or improperly executed, it shall be by the court or judge returned to the Governor, together with a statement of the defect or defects, for the purpose of being corrected and returned to the court or judge, and such hearing shall be adjourned a sufficient time for the purpose, and in such interval the prisoner or prisoners shall be held in custody until such hearing be finally disposed of.
3. It shall not be lawful for any person, agent or officer to take any person or persons out of this State upon the claim, ground or pretext that the prisoner or prisoners consent to go, or by reason of his or their willingness to waive the proceedings afore described, and any officer, agent, person or persons who shall procure, incite or aid in the arrest of any citizen, inhabitant or temporary resident of this State, for the purpose of taking him, or sending him to another State, without a requisition first duly had and obtained, and without a warrant duly issued by the Governor of this State, served by some officer as in this section provided, and without, except in case of waiver in writing as aforesaid, taking him before a court or judge as aforesaid, unless in pursuance to the provisions of the following sections of this chapter, and any officer, agent, person or persons who shall, by threats or undue influence, persuade any citizen, inhabitant or temporary resident of this State to sign the waiver of his right to go before a court or judge as hereinbefore provided, or who shall do any of the acts declared by this chapter to be unlawful, shall be guilty of a felony, and upon conviction be sentenced to imprisonment in a State prison or penitentiary for the term of one year.
4. Any willful violation of this act by any of the above-named officers shall be deemed a misdemeanor in office. (New—as amended by chapter 638, Laws of 1886.)
SEC. 828. A magistrate may issue a warrant as a preliminary proceeding to the issuing of a requisition by the Governor of another State or Territory upon the Governor of this State for the apprehension of a person charged with treason, felony or other crime, who shall flee from justice and be found within this State. (New—as amended by chapter 638, Laws of 1886.)
SEC. 829. The proceedings for the arrest and commitment of the person charged are in all respects similar to those provided in this code for the arrest and commitment of a person charged with a public offense committed in this State; except that an exemplified copy of an indictment found, or other judicial proceeding had against him, in the State or Territory in which he is charged to have committed the offense, may be received as evidence before the magistrate. (Old.)
SEC. 830. If from the examination under such warrant it appears probable that the person charged has committed the crime alleged, the magistrate, by warrant reciting the accusation, must commit him to the proper custody in his county for a time specified in the warrant, to enable an arrest of the fugitive to be made under the warrant of the Governor of this State, which commitment shall not exceed thirty days, exclusive of the day of arrest, on the requisition of the executive authority of the State or Territory in which he is charged to have committed the offense, unless he gives bail, as provided in the next section, or until he be legally discharged. (New—as amended by chapter 638, Laws of 1886.)
SEC. 831. Any judge of any court named in section eight hundred and twenty- seven may, in his discretion, admit the person arrested to bail by an undertaking, with sufficient sureties and in such sum as he deems proper, for his appearance before him at a time specified in the undertaking, which must not be later than the expiration of thirty days from the date of arrest, exclusive of such date, and for his surrender, to be arrested upon the warrant of the Governor of this State. (New—as amended by chapter 638, Laws of 1886.)
SEC. 832. Immediately upon the arrest of the person charged, the magistrate must give notice to the district attorney of the county, of the name of the person and the cause of his arrest. (Old.)
SEC. 833. The district attorney must immediately thereafter give notice to the executive authority of the State or Territory, or to the prosecuting attorney or presiding judge of the criminal court of the city or county therein, having jurisdiction of the offense, to the end that a demand may be made for the arrest and surrender of the person charged. (Old.)
SEC. 834. The person arrested must be discharged from custody on bail, unless before the expiration of the time designated in the warrant or undertaking, he be arrested, under the warrant of the Governor of this State. (Old.)
SEC. 835. (Repealed by chapter 638 of the Laws of 1886.)
————————————
STATE OF ARKANSAS.
—————
SECTION 4435. To encourage prisoners to conduct themselves with industry and propriety, it shall be the duty of the Governor, whenever it appears from the reports of the contractors, or keepers of State prison, that the conduct of a prisoner has been exemplary, and unexceptional, for a whole month together, to commute such prisoner’s term of confinement, for any period of time, not exceeding two days for each and every month that he may have so conducted himself. (Act Jan. 31, 1867, sec. 8.)
————————————
STATE OF CALIFORNIA.
—————
Following is a Table of Credits given by the Goodwin Act, re-enacted in the Statutes of 1880:
|
SENTENCE IN YEARS. |
CREDITS IN MONTHS. |
ACTUAL TIME WITH CREDITS DEDUCTED. |
|
|
YEARS. |
MONTHS. |
||
|
One.................. |
2 |
.............. |
10 |
|
Two................. |
4 |
1 |
8 |
|
Three................ |
8 |
2 |
4 |
|
Four................. |
12 |
3 |
.............. |
|
Five.................. |
17 |
3 |
7 |
|
Six................... |
22 |
4 |
2 |
|
Seven................ |
27 |
4 |
9 |
|
Eight................ |
32 |
5 |
4 |
|
Nine................. |
37 |
5 |
11 |
|
Ten................... |
42 |
6 |
6 |
|
Eleven............... |
47 |
7 |
1 |
|
Twelve............... |
52 |
7 |
8 |
|
Thirteen.............. |
57 |
8 |
3 |
|
Fourteen.............. |
62 |
8 |
10 |
|
Fifteen............... |
67 |
9 |
5 |
|
Sixteen.............. |
72 |
10 |
.............. |
|
Seventeen............. |
77 |
10 |
7 |
|
Eighteen.............. |
82 |
11 |
2 |
|
Nineteen.............. |
87 |
11 |
9 |
|
Twenty............... |
92 |
12 |
4 |
|
Twenty-one........... |
97 |
12 |
11 |
|
Twenty-two........... |
102 |
13 |
6 |
|
Twenty-three........... |
107 |
14 |
1 |
|
Twenty-four.......... |
112 |
14 |
8 |
|
Twenty-five........... |
117 |
15 |
3 |
|
Twenty-six............ |
122 |
15 |
10 |
|
Twenty-seven.......... |
127 |
l6 |
5 |
|
Twenty-eight.......... |
132 |
17 |
.............. |
|
Twenty-nine.......... |
137 |
17 |
7 |
|
Thirty................ |
142 |
18 |
2 |
|
Thirty-one............ |
147 |
18 |
9 |
|
Thirty-two............ |
152 |
19 |
4 |
|
Thirty-three........... |
157 |
19 |
11 |
|
Thirty-four............ |
162 |
20 |
6 |
|
Thirty-five............. |
167 |
21 |
1 |
|
Thirty-six............. |
172 |
21 |
8 |
|
Thirty-seven.......... |
177 |
22 |
3 |
|
Thirty-eight........... |
182 |
22 |
10 |
|
Thirty-nine........... |
187 |
23 |
5 |
|
Forty................ |
192 |
24 |
.............. |
STATE OF COLORADO.
—————
Convicts are allowed for continuous good conduct: First year, one month off each year’s sentence; second, two months; third, three months; fourth, four months; fifth, five months; for each succeeding year six months is deducted for good behavior.
All good time which may have accrued at time of escape, or attempt at escape, will be forfeited. For first breach of prison discipline two days are deducted. All subsequent breaches four days are forfeited for each offense.
————————————
STATE OF CONNECTICUT.
—————
This State allows 5 days on each month, or 60 days on one year; 120 days on two years, 180 days on three years, 240 days on four years, and 300 on five years.
————————————
STATE OF GEORGIA.
—————
Prisoners are allowed 4 days on each month, or 48 days on one year, 96 days on two years, 144 days on three years, 192 days on four years, 240 days on five years, for good conduct.
This law applies to any number of years, provided the prisoner does not escape or attempt to escape.
STATE OF ILLINOIS.
ACT OF 1872
|
NO. OF YEARS OF SENT’CE. |
GOOD TIME GRANT’D |
TOTAL GOOD TIME MADE. |
TIME TO BE SERVED. |
||
|
MONTHS. |
YRS. |
MOS. |
YRS. |
MOS. |
|
|
1 |
1 |
.............. |
1 |
.............. |
11 |
|
2 |
2 |
.............. |
3 |
1 |
9 |
|
3 |
3 |
.............. |
6 |
2 |
6 |
|
4 |
4 |
.............. |
10 |
3 |
2 |
|
5 |
5 |
1 |
3 |
3 |
9 |
|
6 |
6 |
1 |
9 |
4 |
3 |
|
7 |
6 |
2 |
3 |
4 |
9 |
|
8 |
6 |
2 |
9 |
5 |
3 |
|
9 |
6 |
3 |
3 |
5 |
9 |
|
10 |
6 |
3 |
9 |
6 |
3 |
|
11 |
6 |
4 |
3 |
6 |
9 |
|
12 |
6 |
4 |
9 |
7 |
3 |
|
13 |
6 |
5 |
3 |
7 |
9 |
|
14 |
6 |
5 |
9 |
8 |
3 |
|
15 |
6 |
6 |
3 |
8 |
9 |
|
16 |
6 |
6 |
9 |
9 |
3 |
|
17 |
6 |
7 |
3 |
9 |
9 |
|
18 |
6 |
7 |
9 |
10 |
3 |
|
19 |
6 |
8 |
3 |
10 |
9 |
|
20 |
6 |
8 |
9 |
11 |
3 |
|
21 |
6 |
9 |
3 |
11 |
9 |
|
22 |
6 |
9 |
9 |
12 |
3 |
|
23 |
6 |
10 |
3 |
12 |
9 |
|
24 |
6 |
10 |
9 |
13 |
3 |
|
25 |
6 |
11 |
3 |
13 |
9 |
STATE OF INDIANA.
—————
The following law was passed by the General Assembly relative to the commutation of sentences'in all penitentiaries in the State of Indiana, on March 8, 1883:
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, that every convict who is now in or who may hereafter be confined in the penitentaries of the State of Indiana, or in the Indiana reformatory for women and girls, and who shall have no infractions of the rules or regulations of the prisons or laws of the State recorded against him, and who performs in a faithful manner the duties assigned him, shall be entitled to the diminution of time from his sentence, as appears in the following table, for the respective years of his sentence, and pro rata for any part of a year when the sentence is for more or less than a year.
|
NO. OF YEARS OF SENT’CE. |
GOOD TIME GRANT’D |
TOTAL GOOD TIME MADE. |
TIME TO BE SERVED. |
||
|
MONTHS. |
YRS. |
MOS. |
YRS. |
MOS. |
|
|
1 |
1 |
.............. |
1 |
.............. |
11 |
|
2 |
2 |
.............. |
3 |
1 |
9 |
|
3 |
3 |
.............. |
6 |
2 |
6 |
|
4 |
4 |
.............. |
10 |
3 |
2 |
|
5 |
5 |
1 |
3 |
3 |
9 |
|
6 |
5 |
1 |
8 |
4 |
4 |
|
7 |
5 |
2 |
1 |
4 |
4 |
|
8 |
5 |
2 |
6 |
5 |
6 |
|
9 |
5 |
2 |
11 |
6 |
.............. |
|
10 |
5 |
3 |
4 |
6 |
8 |
|
11 |
5 |
3 |
9 |
7 |
3 |
|
12 |
5 |
4 |
2 |
7 |
10 |
|
13 |
5 |
4 |
7 |
8 |
5 |
|
14 |
5 |
5 |
.............. |
9 |
.............. |
|
15 |
5 |
5 |
5 |
9 |
7 |
|
l6 |
5 |
5 |
10 |
10 |
2 |
|
17 |
5 |
6 |
3 |
10 |
9 |
|
18 |
5 |
6 |
8 |
11 |
4 |
|
19 |
5 |
7 |
1 |
11 |
11 |
|
20 |
5 |
7 |
6 |
12 |
6 |
|
21 |
5 |
7 |
11 |
13 |
1 |
SEC. 2. In case any convict shall knowingly violate any of the rules or laws of the penitentaries of the State, as above provided, and who is entitled to any diminution of his sentence by the provisions aforesaid, he shall forfeit for the first offense (if he has gained that much) two days, for the second offense four days, for the third offense eight days, and for the fourth offense sixteen days; and for more than four offenses the warden shall have the power at his discretion to deprive him of any portion or all the good time gained; provided, however, should first or second offense be of a serious character, the warden may at his discretion deprive him of more than the time specified above, but not to exceed more than eight days for each offense.
SEC. 3. The warden, in computing the diminution of time for those convicts now in the penitentaries, shall allow them the good time granted for the years or year or part of a year of their unexpired sentence.
SEC. 4. The warden shall not be allowed to restore to the convict the time forfeited.
————————————
STATE OF KENTUCKY.
—————
Convicts are allowed for good behavior five days off of each month, or sixty days off of each year.
————————————
STATE OF LOUISIANA.
—————
Senate bill 99, which passed the Legislature in June, 1886, provides for commutation of sentences for good behavior of convicts in the penitentiary, and in the parish prisons of the State. Its principal provisions are the following:
A person convicted of a felony or misdemeanor, and under sentence for one year or more, may earn a diminution or commutation of sentence by good behavior, in the following proportions: two months for the first year, two months for the second, three months each for the third and fourth, and four months for each subsequent year. Where a convict is under sentence on more than one conviction, the several terms shall be continued as a continuous term.
The term shall begin with date of incarceration. On the 20th of each month the sheriffs shall forward to the Governor a report of convicts who may be discharged the following month by reason of commutation. The rules to govern the allowance of commutation are to be made by the Governor, Lieutenant Governor and Attorney General. For the purpose of applying the rules, a board shall be constituted in each parish; the Board of Control of the penitentiary to act for the penitentiary. They shall recommend the commutations. The Board of Pardons may increase or decrease the commutation recommended. A convict who may escape forfeits his right to commutation. If any convict commuted shall, between his discharge and the expiration of his full term, be convicted of a felony, he shall be compelled to serve the remainder of the term in addition to the new sentence.
Any person sentenced for life, and who has merited the approval of the Board of Control, may at the expiration of fifteen years apply for a pardon or commutation. If recommended by the Board of Control, it may be granted on certain conditions— that not more than one in every five persons sentenced for life shall be pardoned or commuted in any one year; if more than one person is recommended, the decision shall be by lot, and the commutation or pardon approved by the Board of Pardons.
————————————
STATE OF MAINE.
—————
CHAPTER 140, REVISED STATUTES.
SECTION. 14. The warden of the State prison shall keep a record of the conduct of each convict, and for every month that such convict shall appear by such record to have faithfully observed all the rules and requirements of the prison, the warden may recommend to the Executive a deduction from the terms of service of such convict’s sentence according to, but not exceeding, the following rule and proportion: for a convict under a sentence of two years or less, one day for each month of good conduct; three years, or less, and more than two years, two days; four years, three days; five years, four days; seven years, or less, and more than five years, five days; nine years, or less, and more than seven years, six days; ten years, and less than fifteen years, seven days; · fifteen years, and less than twenty years, eight days; and for all other convicts, except those sentenced to perpetual imprisonment, ten days.
————————————
STATE OF MARYLAND.
—————
Two months off of each year. For example: a convict sentenced to five years would be allowed ten months for good conduct, which would reduce his sentence to four years and two months.
————————————
STATE OF MASSACHUSETTS.
—————
An Act relating to the release of prisoners for good conduct. Passed June, 1880.
SECTION I. Section twenty of chapter two hundred and twenty-two of the Public Statutes is hereby amended by striking out the words following, to wit: [“Upon a sentence of not less than four, months and less than one year, one day for each month; upon a sentence of not less than one year and less than three years, three days for each month; upon a sentence of not less than three years and less than five years, four days for each month; upon a sentence of not less than five years and less than ten years, five days for each month; upon a sentence of ten years or more, six days for each month,”] and inserting in place thereof the following words: “Upon a sentence of not less than four months and less than twelve months, one day for each month; upon all sentences of one year or longer, two months for each of the first two years, four months for each of the third and fourth years, and five months for each succeeding year.” Every officer in charge of a prison or other place of confinement shall keep a record of the conduct of each prisoner in his custody whose term of imprisonment is not less than four months. Every such prisoner whose record of conduct shows that he has faithfully observed all the rules, and has not been subjected to punishment, shall be entitled to a deduction from the term of his imprisonment to be estimated as follows: Upon a sentence of not less than four months and less than twelve months, one day for each month; upon all sentences of one year or longer, two months for each of the first two years, four months for each of the third and fourth years, and five months for each succeeding year. When a prisoner has two or more sentences, the aggregate of his several sentences shall be the basis upon which the deduction shall be estimated. Eack prisoner who is entitled to a deduction from the term of his imprisonment, as aforesaid, shall receive a written permit to be at liberty during the time thus deducted, upon such terms as the board granting the same shall fix. Said permits shall be issued as follows: To prisoners in the house of industry, jail or house of correction of Suffolk County, by the board of directors for public institutions; to prisoners in the other jails and houses of correction, by the county commissioners of the several counties; to prisoners in the State prison and in the reformatory prison for women, by the commissioners of prisons; to prisoners in the State workhouse, by the trustees of said workhouse. The Board issuing a permit as aforesaid may at any time revoke the same, and shall revoke it when it comes to their knowledge that the person to whom it was granted has been convicted of any offense punishable by imprisonment.
SEC. 2. Section twenty-three of chapter two hundred and twenty-two of the Public Statutes is hereby amended so that it shall be as follows: Sec. 23. Convicts in confinement prior to the first day of May in the year eighteen hundred and eighty-six shall be entitled to such deductions as were allowed by law for that portion of their terms which was before that day, and to the deductions hereby established for that portion of their terms which is after that day, but they shall be entitled to deductions as provided in this act for that continuous portion of their terms immediately preceding said day, during which their record of conduct shows a faithful observance of all rules and that they have not been subject to punishment for violation thereof.
————————————
STATE OF MICHIGAN.
—————
The law is found in Howell’s Annotated Statutes of Michigan, page 2328, paragraph 9704, section 41, and reads as follows:
“The warden shall keep a record of each and all infractions of rules of discipline by convicts, with the names of the persons offending, and the date and character of each offense, which record shall be placed before the managers at each regular meeting of the board, and every inmate who shall have no infraction of the rules of the prison or laws of the State recorded against him shall be entitled to a deduction for each year of his sentence, and pro rata for each part of a year when the sentence is for more or less than one year, as follows: From and including the first year up to the third year, a deduction of two months for each year; from and including the third year up to the fifth, a reduction of seventy-days for each year; from and including the fifth up to the seventh year, a deduction of three months for each year; from and including the seventh year up to the tenth year, a deduction of one hundred and five days for each year; from and including the tenth year up to the fifteenth year, a deduction of four months for each year; from and including the fifteenth year up to the twentieth year, a deduction of five months for each year; from and including the twentieth year up to the period fixed for the expiration of the sentence, six months for each year. The inspectors shall provide by rule how much of the good time thus earned a convict shall forfeit for one or more violations of the prison rules. The warden, in computing the diminution of time for those now in the prison, shall allow them for the good time made up to the time this act takes effect in accordance with the provisions of law previously in force, and thereafter it shall be computed in accordance with the terms of this section. Whenever a convict has been committed under several convictions, with separate sentences, they shall be construed as one continuous sentence in the granting or forfeiting good time.”
————————————
STATE OF MINNESOTA.
—————
For first month’s confinement, if conduct is good, two days are deducted from each year’s sentence; for the second month of good conduct, four days are deducted, and for every subsequent month of good conduct six days are deducted. Under this law a convict is allowed fifty-five days off the first year, and sixty days off every year after, and fractions in proportion.
————————————
STATE OF NEW HAMPSHIRE.
—————
The general laws of New Hampshire allow a deduction of one day for every month’s good conduct, if the party is under a sentence of two years or less; two days off a sentence of over two years and not exceeding three years; three days off a four- years’ sentence, four days if for five years, five days if for more than five years and not exceeding seven, six days for more than seven and less than nine years, seven days if for ten years and less than fifteen, eight days if for fifteen years and less than twenty, and ten days off all above twenty, except a life sentence.
STATE OF NEW JERSEY.
—————
For every month of faithful performance of labor, two days remitted; for every month of continuous orderly deportment, two days remitted; for every month of manifest effort at intellectual improvement and self-control, one day remitted. The whole matter of commutations is regulated by the State prison inspectors. They may declare a forfeiture of part or all of the remitted time as they may deem just.
————————————
STATE OF NORTH CAROLINA.
—————
SECTION 3445 OF THE CODE OF NORTH CAROLINA.
Every prisoner who may have been sentenced for a term of years, who shall at the end of each month have no infraction of the discipline so recorded against him, shall for the first month be entitled to a diminution of one day from the time he was sentenced to the penitentiary; and if at the end of the next month no infraction of the discipline is recorded against him, he shall be entitled to two additional days’ diminution from his sentence; and if he shall continue to have no such record against him a third month, his time shall be shortened three additional days, and he shall be entitled to three days’ diminution of time from his sentence for each subsequent month he shall so continue on his good behavior during the first three years or less of his imprisonment; four days during the fourth and fifth years, and five days per month for each subsequent month of his term of sentence, and for every ten days he shall thus become entitled he shall have a further reward of one dollar placed to his credit with the warden, to be paid to him on his discharge, or sent to his family, as he may elect; and for every five dollars of commutation he shall be entitled to five additional days* diminution.
————————————
STATE OF OHIO.
—————
LAW PASSED APRIL 14, 1884.
SECTION 7. The Board of Managers shall, subject to the approval of the Governor, make such rules and regulations for the government of the prisoners as shall best promote their reformation, and, generally, as may from time to time appear to be necessary or promotive of the purposes of this act. They shall make provision for the separation or classification of prisoners, their division into different grades, with promotion or degradation according to merit, their employment and instruction in industry, their education, and for the conditional or absolute release of prisoners sentenced to imprisonment under section five of this act, and their arrest and return to custody within the institution; but in no case shall any prisoner be released, either conditionally or absolutely, unless there is, in the judgment of the managers, reasonable ground to believe that he will, if released, live and remain at liberty without violating the law, and that his release is not incompatible with the welfare of society; and no petition or other form of application for the release of any prisoner shall be entertained by the managers. In order that good behavior may be properly rewarded, the board shall provide, in its rules and regulations, for a correct daily record of the conduct of each prisoner, and his fidelity and diligence in the performance of his work. A convict who shall pass the entire period of his imprisonment without a violation of the rules and discipline, except such as the board shall excuse, shall, upon his absolute release or discharge, be restored to the rights and privileges forfeited by his conviction, and he shall receive from the Governor a certificate, under the great seal of the State, as evidence of such restoration, to be issued upon presentation to the Governor of a certificate of such conduct, which shall be furnished to such convict by the warden. A convict who is not thus entitled to a restoration of the rights and privileges forfeited by his conviction, who has conducted himself in an exemplary manner for a continuous period of not less than twelve consecutive months succeeding his absolute release or discharge, and presents to the Governor a certificate of that fact, signed by ten or more good and well known citizens of the place where he has resided during such period, certified to be such by the Probate Judge of the county wherein they reside, and whose signatures are certified by such Judge to be genuine, shall be entitled, in consideration thereof, to a restoration of the rights and privileges forfeited by his conviction, which restoration shall be evidenced by a certificate of the Governor, under the great seal of the State. Each convict who is sentenced for a definite term, other than for life, shall be entitled to diminish the period of his sentence under the following rules and regulations: 1. (a) For each month, commencing on the first day of his arrival at the penitentiary, during which he has not been guilty of a violation of discipline, or of any of the rules of the prison, and has labored with diligence and fidelity, he shall be allowed a deduction of five days from the period of his sentence. (b) After he has passed one full year of his sentence, in which he has not been guilty of a violation of discipline, or any of the rules of the prison, and has labored with diligence and fidelity, the deductions shall be seven days from the period of his sentence, for each month, (c) After he has passed two full years of his sentence, as above provided, the deduction from his term shall be nine days for each month, (d) After he has passed three full years of his sentence, as above provided, the deduction from his term shall be ten days for each month. 2. For a violation of the rules and discipline, or for a want of fidelity and care in the performance of work, he shall not only forfeit all time gained for the month in which the delinquency occurs, but, according to the aggravated nature or the frequency of his offenses, the board may deduct a portion or all of his time previously gained, but the board may review the conduct record of a convict, and, if it appear that any violation of the rules and discipline was committed through ignorance, or circumstances beyond his control, or abuse of any officer, may restore him to the standing he possessed before such violation. 3. If a convict be prevented from laboring, by sickness or other infirmity not intentionally produced by himself, or by other cause, for which he is not responsible, he shall be entitled, by good conduct, to the same deduction from his sentence, each month, as above provided for; and the board may, in its discretion, allow him a sum of money sufficient to defray all his necessary expenses to the county where he was convicted.
STATE OF PENNSYLVANIA.
—————
|
NO. OF YEARS OF SENTENCE. |
COMMUTATION. |
HOW LONG TO SERVE. |
||
|
YEARS. |
MONTHS. |
YEARS. |
MONTHS. |
|
|
1 |
.............. |
1 |
.............. |
11 |
|
2 |
.............. |
2 |
1 |
10 |
|
3 |
.............. |
4 |
2 |
8 |
|
4 |
.............. |
6 |
3 |
6 |
|
5 |
.............. |
9 |
4 |
3 |
|
6 |
1 |
.............. |
5 |
.............. |
|
7 |
1 |
3 |
5 |
9 |
|
8 |
1 |
6 |
6 |
3 |
|
9 |
1 |
9 |
7 |
3 |
|
10 |
2 |
1 |
7 |
11 |
|
11 |
2 |
5 |
8 |
7 |
|
12 |
2 |
9 |
9 |
3 |
|
13 |
3 |
1 |
9 |
11 |
|
14 |
3 |
5 |
10 |
7 |
|
15 |
3 |
9 |
11 |
3 |
|
16 |
4 |
1 |
11 |
11 |
|
17 |
4 |
5 |
12 |
7 |
|
18 |
4 |
9 |
13 |
3 |
|
19 |
5 |
1 |
13 |
11 |
|
20 |
5 |
5 |
14 |
7 |
STATE OF RHODE ISLAND.
—————
PUBLIC STATUTES, CHAPTER 254.
SECTION 28. The warden of the State prison shall keep a record of the conduct of each convict, and for each month that a convict, not under sentence to imprisonment for life, appears by such record to have faithfully observed all the rules and requirements of the prison and not to have been subjected to punishment, there shall, with the consent of the Governor, upon the recommendation to him of a majority of the board, be deducted from the term or terms of sentence of such convict the same number of days that there are years in the said term of his sentence. Provided, that when the sentence is for a longer term than five years, only five days shall be deducted for one month’s good behavior; and provided, further, that for every day a convict shall be shut up or otherwise punished for bad conduct, there shall be deducted one day from the time he shall have gained for good conduct.
————————————
STATE OF TENNESSEE.
—————
CHAPTER 121, SECTION 14, ACTS OF TENNESSEE, 1883.
Be it further enacted, that the Superintendent of Prisons shall keep a correct register of the conduct of each convict, to be termed the “good time account,” in which he shall faithfully record the exact conduct of each convict, and each convict who shall demean himself self-uprightly shall have deducted from the time for which he may have been sentenced, one month for the first year, two months for the second year, three months for each subsequent year until the tenth year inclusive, and four months for each remaining year of the time of imprisonment. Provided, that the reduction of time herein provided for is upon the consideration of continued good conduct; and such record shall be evinced for or against the convict in any of the courts of this State.
————————————
STATE OF VIRGINIA.
—————
“An Act requiring the Superintendent of the Penitentiary to keep a record of the conduct of the prisoners,” passed at the session of 1865-6, provides:
1. That it shall be the duty of the superintendent of the penitentiary to keep a record of the conduct of each convict, and for every month that a convict by such record appears to have faithfully observed the rules and requirements of the prison, and not to have been subjected to punishment, there shall, with the consent of the Governor, be deducted from the term of service of such convict, four days.
2. That the superintendent shall submit said record and deduction to the Governor, when required by him, that the same may be considered in the exercise of such executive clemency on behalf of any convict as he may deem conducive to the interest of the prison and promotive of the reformation and welfare of the convicts.
That the superintendent shall cause a copy of this act to be posted in the cell of each convict.
4. This act shall be in force from its passage.
————————————
CANADA COMMUTATION LAW.
—————
Among the provisions of “An Act to amend and consolidate the laws relating to penitentiaries,” assented to May 25, 1883, are the following:
10. It shall be lawful for the Governor in Council to appoint some fit and proper person to be inspector of all penitentiaries and of such other prisons, hospitals, asylums, and other public institutions as may, from time to time, be designated by the Governor in Council; the Inspector, who shall hold office during pleasure, shall be an officer of the Department of Justice, and as such Inspector shall act as the representative of the Minister of Justice.
11. The said Inspector shall, under direction from the Minister of Justice, visit, examine and report to him upon the state and management of all the penitentiaries, and all suggestions which the wardens thereof may have made for their improvement.
14. The Inspector shall have power, and it shall be his duty, to make rules and regulations for the management, discipline and police of the penitentiaries, and for the duties and conduct of the wardens thereof, and of every other officer or class of officers or .servants employed therein, and for the diet, clothing, maintenance, employment, instruction, discipline, correction, punishment and reward of convicts imprisoned therein, and to annul, alter or amend the same from time to time, subject to the approval of the Governor in Council,—which rules and regulations, so approved, the wardens of the penitentiaries, and every other officer and servant employed in or about the same, shall be bound to obey: Provided always, that until such rules and regulations are made as aforesaid, the rules and regulations existing in each penitentiary at the passing of this Act shall remain in force.
53. In order to encourage convicts to good behavior, diligence and industry, and to reward them for the same, it shall and maybe lawful for the Inspector of penitentiaries to make rules and regulations, under which a correct record may be kept of the daily conduct of every convict in any penitentiary, noting his industry, diligence and faithfulness in the performance of his work, and the strictness with which he observes the prison rules—with a view to permit such convict, under the prison rules, to earn a remission of a portion of the time for which he is sentenced to be confined, not exceeding five days for every month during which he shall have been exemplary in industry, diligence and faithfulness in his work, and shall not have violated any of the prison rules: Provided always that when any convict shall have earned and have at his credit any of the several numbers of days of remission hereinafter respectively mentioned, it shall be lawful to allow him for every subsequent month during which his industry, diligence, faithfulness in his work and observance of the prison rules, shall continue satisfactory, the following increased rates of remission, that is to say:
a. When he shall have thirty days’ remission at his credit, seven days and one- half day’s remission may be allowed him for every month thereafter:
b. When he shall have one hundred and twenty days’ remission at his credit, ten days’ remission may be allowed him for every month thereafter.
If any convict be prevented from labor by sickness or any other infirmity, not intentionally produced by himself, he shall be entitled, by good conduct, to one-half the remission from his sentence every month to which he would otherwise be entitled.