[No. 183.]

AN ACT to amend section eight of act number one hundred ninety-six of the public acts of nineteen hundred three, entitled "An act to create a commission and define its duties and powers and make an appropriation of money for the purpose of making an exhibit of the various manufactures and products of the State of Michigan at the Louisiana Purchase Exposition at St. Louis, Missouri, in the year nineteen hundred four, and to provide a tax to meet same," approved June tenth, nineteen hundred three, and to amend said act by adding thereto a new section to stand as section ten.

The People of the State of Michigan enact:

amended.

SECTION 1. Section eight of act number one hundred Section ninety-six of the public acts of nineteen hundred three, entitled "An act to create a commission and define its duties and powers and make an appropriation of money for the purpose of making an exhibit of the various manufactures and products of the State of Michigan at the Louisiana Purchase Exposition at St. Louis, Missouri, in the year nineteen hundred four, and to provide a tax to meet the same," is hereby amended, and a new section is hereby added to said act to be known as section ten, said amended section and said added section to read as follows:

used.

SEC. 8. After the Louisiana Purchase Exposition shall have Board to sell been closed the board of managers is hereby authorized to buildings. sell to the highest bidder the building and property then on the exposition grounds at St. Louis belonging to the State of Michigan, and the proceeds thereof shall be used to defray the Proceeds, how expenses of said board and of said exhibit and shall be accounted for in the manner as provided in section six of this act; and further any money in the hands of the treasurer of Settlement of the board of managers belonging to the State shall be paid by him to the State Treasurer and his account fully settled within six months after the close of the Louisiana Purchase Exposition.

accounts.

SEC. 10. There is hereby appropriated for the purpose of Further defraying the expense of said board and of said exhibit, the appropriation. further sum of sixteen hundred eighty dollars out of any money in the State Treasury not otherwise appropriated. Section six of this act shall govern the payment, expenditure and accounting for of the amount appropriated by this section.

tax.

The Auditor General shall incorporate in the State tax To be incorfor the year nineteen hundred five the sum of sixteen hundred ported in state eighty dollars, which, when collected shall be credited to the general fund, to reimburse the same for the money hereby appropriated.

This act is ordered to take immediate effect.

Approved June 7, 1905.

Court to fix mini

mum term of sentence.

Maximum sentence.

Judge to recommend maximum penalty.

To ascertain

character of convict.

Maximum and

minimum

[No. 184.]

AN ACT to provide for the indeterminate sentence as a punishment for crime, upon the conviction thereof, and for the detention and release of persons in prison or detained on such sentence, and for the expense attending the same.

The People of the State of Michigan enact:

SECTION 1. That when any person shall hereafter be convicted of crime committed after this act takes effect, the punishment for which prescribed by law, may be imprisonment in the State Prison at Jackson, the Michigan Reformatory at Ionia, the State House of Correction and Branch of the State Prison in the Upper Peninsula, or the Detroit House of Correction, the court imposing sentence, shall not fix a definite term of imprisonment, but shall fix a minimum term of imprisonment which shall not be less than six months in any case. The maximum penalty provided by law shall be the maximum sentence in all cases except as herein provided and shall be stated by the judge in passing sentence. The judge shall at the time of pronouncing such sentence recommend and state therein what, in his judgment, would be a proper maximum penalty in the case at bar not exceeding the maximum penalty provided by law. He shall before or at the time of passing such sentence ascertain by examination of such convict on oath, or otherwise, and in addition to such oath, by such other evidence as can be obtained tending to indicate briefly the causes of the criminal character or conduct of such convict, which facts, and such other facts as shall appear to be pertinent in the case, he shall cause to be entered upon the minutes of the court.

SEC. 2. The maximum term of imprisonment shall not expenalties defined. ceed the longest term fixed by law for the punishment of the offense of which the person sentenced is convicted, and the minimum term of imprisonment fixed by the court shall not exceed one-half of the maximum term of imprisonment fixed by statute: Provided. That where the law prescribing the punishment for the offense of which the convict stands convicted, fixes the minimum term of imprisonment, then the minimum term fixed by law shall be the minimum term of imprisonment.

Proviso.

Not applicable to certain offenses.

Proviso.

SEC. 3. The provisions of this act shall not apply to any person convicted of an offense the only punishment for which prescribed by law is imprisonment in one of the penal institutions named for life: Provided, That in all cases where the maximum sentence, in the discretion of the court, may be for life or any number of years, the court imposing sentence shall fix both the minimum and maximum sentence. The minimum term of imprisonment thus fixed by the court shall not exceed one-half of the maximum term so fixed.

to contain.

SEC. 4. Whenever a person shall be convicted of crime and Duty of clerk sentenced to imprisonment pursuant to the provisions of this act, the clerk of the court shall make and forward to the warden or superintendent of the institution to which the convict is sentenced, and also to the Governor, a record contain- What record ing a copy of the information or complaint, the sentence pronounced by the court, the name and residence of the judge presiding at the trial, prosecuting attorney and sheriff, and the names and postoffice addresses of the jurors and the witnesses sworn on the trial, together with a statement of any fact or facts which the presiding judge may deem important or necessary for a full comprehension of the case, and a reference to the statute under which the sentence was imposed. One copy of the said record shall be delivered to the When record warden or superintendent at the time the prisoner is received into the institution, and one copy shall be forwarded to the Governor within ten days thereafter. In each case in which Compensation. he shall perform the duties required by this act, the clerk of the court shall be entitled to such compensation as shall be certified to be just by the presiding judge at the trial not to exceed three dollars for any one case, which shall be paid by the county in which the trial is had as a part of the expenses of such trial.

forwarded.

whom conferred.

SEC. 5. Authority to grant parole under the provisions of Authority to this act is hereby conferred exclusively upon the Governor in grant parole, upon all cases of murder, actual forcible rape, for offenses by public officers in violation of their duties as such officers, and to all persons convicted and serving sentence for conspiracy to defraud public municipalities, or the bribing or attempt to bribe of public officers. In all other cases such authority is hereby conferred upon the Advisory Board in the Matter of Pardons. The Governor and the Advisory Board in the Matter of Pardons acting jointly, shall have authority to adopt such rules as may, by them, be deemed wise or necessary to properly carry out the provisions of this act, and to amend such rules at pleasure: Provided, Prisoners, under the Proviso. provisions of this act, shall be eligible to parole only after the expiration of their minimum term of imprisonment, and prisoners who have been twice previously convicted of a felony shall not be eligible to parole.

etc.

SEC. 6. Applications shall be made to the Governor or to Applications, where made, the Advisory Board in the Matter of Pardons upon uniform blanks prescribed by the Governor and the Advisory Board in the Matter of Pardons acting jointly and supplied by the secretary of the Advisory Board in the Matter of Pardons to the wardens or superintendents of the penal institutions named in section one of this act. It shall be the duty of the warden Duty of warden. or superintendent, when requested by a prisoner, whose minimum term of imprisonment has expired and is eligible to a parole, to furnish such prisoner with a blank application for parole. The application shall be filled out and delivered to Application, the warden or superintendent who shall immediately forward how delivered.

Governor and Board to investigate.

Convict entitled to good time.

Arrangements

made for convict before parole.

the same to the Governor or to the Advisory Board in the Matter of Pardons, with his recommendation endorsed thereon. Upon receipt of such application and recommendation, the Governor or the Advisory Board in the Matter of Pardons shall make such investigation in the matter as they may deem advisable and necessary and may, in their discretion, grant such application and issue a parole or permit to such applicant to go at large without the enclosure of the prison. The convict so paroled, while at large, by virtue of such parole, shall be deemed to be still serving the sentence imposed upon him, and shall be entitled to good time the same as if confined in prison.

SEC. 7. No convict shall be released on parole until the Governor or Advisory Board in the Matter of Pardons shall have satisfactory evidence that arrangements have been made for such honorable and useful employment of the prisoner as he is capable of performing, and some responsible person (not a relative) shall agree to act as his "first friend and adviser" who shall execute an agreement to employ the prisoner, or use his best efforts to secure suitable employment for him. Said "first friend and adviser" may, in the discretion of the to give security. Governor or the Advisory Board in the Matter of Pardons, be required to furnish a bond, or other satisfactory security to the Governor for the faithful performance of his obligation as such "first friend and adviser." All moneys collected upon such bond or security shall be turned over to the State Treas urer and credited by him to the general fund of the State.

"First friend"

Warden may retake convict at any time.

SEC. 8. Every such convict, while on parole, shall remain in the legal custody and under the control of the warden or superintendent of the prison from which he is paroled and shall be subject at any time to be taken back within the enclosure of said prison for any reason that may be satisfactory to the warden or superintendent, and full power to retake and return any such paroled convict to the prison from which he was allowed to go at large is hereby expressly conferred upon the warden or superintendent of such prison, whose written order shall be a sufficient warrant authorizing all officers named therein to return such paroled convict to actual custody in the prison from which he was permitted to go at Duty of warden. large. When the warden or superintendent shall return to prison any paroled convict, he shall at once report the fact, and his reasons therefor, to the Advisory Board in the Matter of Pardons, and his action shall stand approved unless reversed by a majority vote of said board.

SEC. 9. A convict violating the provisions of his parole and for whose return a warrant has been issued by the warden or superintendent shall, after the issuance of such warrant be treated as an escaped prisoner owing service to the State, and shall be liable, when arrested, to serve out the unexpired portion of his maximum imprisonment, and the time from the date of his declared delinquency to the date of his arrest shall

not be counted as any part or portion of the time to be served.

mence.

SEC. 10. Any prisoner committing a crime while at large Second sentence, upon parole or conditional release and being convicted and when to comsentenced therefor shall serve the second sentence to commence from the date of the termination of the first sentence after the first sentence is served or annulled.

limited.

SEC. 11. At the time of granting parole to any prisoner Time of parole either by the Governor or the Advisory Board in the Matter of Pardons, they shall each respectively determine the length of time the prisoner shall remain on parole, which shall not be more than four years in any case. After any prisoner has When prisoner faithfully performed all of the obligations of his parole for discharged. the period of time so fixed, and has regularly made his monthly reports as required by the rules providing for his parole, he shall be deemed to have fully served his entire sentence, and shall then receive a certificate of final discharge from the warden or superintendent in whose custody he is. A duplicate copy of such final discharge shall at once be sent to the secretary of the Advisory Board in the Matter of Pardons who shall file the same in the office of the Governor.

convict.

SEC. 12. On the last day of each month, each paroled con- Monthly report vict shall make a written report to the warden or superin- of paroled tendent of the prison from which he was released, showing his conduct during the current month, his employment, earnings and expenditures, his probable postoffice address and place of employment for the coming month; and the warden Warden to or superintendent in charge of each prison of this State transmit report. named in section one of this act, shall, not later than the fifteenth day of each month, tabulate and report to the Advisory Board in the Matter of Pardons, in writing, the information thus received and he shall communicate to the Advisory Board in the Matter of Pardons immediately all violations and infractions of the rules governing such paroled convicts. In their annual report to the Governor, the Advisory Board in the Matter of Pardons shall include a sum of advisory board. mary of the paroles and releases under this act, the names of all prisoners who have violated their paroles, the nature of such violations, together with such other information concerning the operations under the law as may be deemed to be of public interest.

Annual report

SEC. 13. There shall be kept in each prison named in sec- Warden to keep tion one of this act, by the warden or superintendent thereof, record. a book containing a full and accurate record of each and every transaction had under the provisions of this act. A summary Summary, of such record for the fiscal year ending June thirtieth, shall where filed. be filed with the Advisory Board in the Matter of Pardons, to be by said board compiled and included in the annual report of the Advisory Board, which report shall be submitted in writing to the Governor on or before the first day of December in the year nineteen hundred five, and on or before December first of each year thereafter, and said report shall