VII. COMMUTATION LAWS IN THE UNITED

STATES.

BY THE CORRESPONDING SECRETARY.

In a paper on "Commutation Laws," published in our last report, we named nineteen States as having passed such acts. Four more are now to be added to this list, making the whole number twentythree. They are: Alabama, Arkansas, California, Connecticut, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont and Wisconsin. We last year gave the text of seventeen of these acts; one of them, however, as of a State unknown, which we have since learned to be Rhode Island. We print this last again in connection with the State to which it belongs. The text of the commutation act of New Jersey, as printed last year, has become worthless, as a new act has been passed since. We have, therefore the acts of eight States now to give, which are accordingly appended:

ALABAMA.

Revised Code of 1867.

SECTION 4324. The governor may, in his discretion, remit a part of the imprisonment of a convict in the penitentiary, on the written recommendation of the board of inspectors, to the effect that such convict has conducted himself in an unexceptionable manner during his imprisonment, and that the remission of the remainder thereof would not, in their opinion, be inconsistent with the public good; but no such remission must be granted on the recommendation of the inspectors alone, unless the convict has been imprisoned one-third of the time for which he was sentenced, or when sentenced for life, or for more than twenty years, has served at least seven years.

SEC. 4325. If it appears from the reports of the board of inspectors, that the conduct of any convict in the penitentiary has been unexceptionable during the term of his imprisonment, the governor may order two months to be deducted from each year, dating from the commencement of his imprisonment; but, if the convict is at any time guilty of bad conduct, he thereby loses the benefit of the previous year or years of unexceptionable conduct.

ARKANSAS.

Acts of 1866-67, No. 27.

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SECTION 8. (Enacted) That for the encouragement of the 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, that the conduct of a prisoner has been exemplary and unexceptionable 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 he may have so conducted himself.

CALIFORNIA.

Statutes, published 1864, chapter 324; as amended March 30, 1868, chapter 504.

SECTION 1. The Board of State Prison Directors are hereby authorized and required to grant to every convict confined in the State prison of this State, who shall well behave himself, and who shall perform regular labor during good health, either for the State authorities, or in the employ of any contractor using convict labor by authority of the State, a credit of five days for each month of such regular work and good behavior, during the first two years of his imprisonment. For such work and good behavior, an allowance shall be made of six days for each month of the third and fourth years; seven days for each month of the fifth and sixth years; of eight days for each month of the seventh and eighth years; of nine days for each month of the ninth and tenth years; and of ten days for each month after ten years. Such credit to be computed in favor of every such convict as a commutation of sentence, and to be deducted from the entire term of penal servitude to which such convict shall have been sentenced; Provided, that this rule of commutation shall be so applied that any refusal to labor, breach of the prison rules, or other misconduct, shall work a forfeiture of the credits of time thus earned, or such part of it as the Board of State Prison Directors may determine. The power to declare such forfeiture shall rest in the Board of State Prison Directors alone, or a majority thereof; and time once forfeited shall not be restored, except by a majority of the Board of Directors in such case, and then only when circumstances shall render such restoration urgently necessary.

SEC. 2. The Board of State Prison Directors shall proceed to make such rules and regulations as may be necessary to carry into effect the provisions of this act, and shall declare and establish a proper scale or rate of debits and credits for meritorious conduct or misconduct, which shall accompany the rules of discipline of the prison, and in a book to be kept for that purpose shall cause to be entered up at the end of each month the result of credits to which each prisoner may be entitled under this act, and on the first day of each month shall announce such result to the prisoners.

SEC. 3. Every contractor employing convict labor shall keep a similar record of the conduct of all prisoners employed by them, and shall submit the same for inspection to the Board of State Prison Directors at the end of every month, who shall take the same into consideration in making up their decision.

SEC. 4. At the end of every three months the Board of State Prison Directors shall report to the governor of this State the names of all prisoners who may have become entitled to the benefits of this act, with the amount of total credits to the date of such report, the term of their sentences, the date of imprisonment, and the date when their service would expire by limitation of sentence.

SEC. 5. As amended March 7, 1868, chapter 132. The governor of the State is hereby authorized, in the cases so reported to him by said board,