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Page:United States Statutes at Large Volume 61 Part 1.djvu/403

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61 STAT.] 80TH CONG. , 1ST SESS.-CH. 263 -JULY 17, 1947 the control of the Attorney General of the United States or his author- ized representative until the expiration of the maximum of the term or terms specified in his sentence without regard to good time allow- ance. SEC. 4. When by reason of his training and response to the rehabili- tation program of the Department of Corrections it appears to the Board that there is a reasonable probability that a prisoner will live and remain at liberty without violating the law, and that his imme- diate release is not incompatible with the welfare of society, but he has not served his minimum sentence, the Board in its discretion may apply to the court imposing sentence for a reduction of his minimum sentence. The court shall have jurisdiction to act upon the application a.t any time prior to the expiration of the minimum sentence and no hearing shall be required. SEC. 5. Section 6 of the Act of July 15, 1932 (ch. 492, 47 Stat. 698; title 24, D. C . Code, sec. 206), as amended by the Act of June 6, 1940 (ch. 254, 54 Stat. 242), is amended as follows: "SEC. 6 . When a prisoner has been retaken upon a warrant issued by the Board of Parole, he shall be given an opportunity to appear before the Board, a member thereof, or an examiner designated by the Board. At such hearing he may be represented by counsel. The Board may then, or at any time in its discretion, terminate the parole or modify the terms and conditions thereof. If the order of parole shall be revoked, the prisoner, unless subsequently reparoled, shall serve the remainder of the sentence originally imposed less any commutation for good conduct which may be earned by him after his return to custody. For the purpose of computing commu- tation for good conduct, the remainder of the sentence originally imposed shall be considered as a new sentence. The time a prisoner was on parole shall not be taken into account to diminish the time for which he was sentenced. "In the event a prisoner is confined in, or as a parolee is returned to a penal or correctional institution other than a penal or correctional institution of the District of Columbia, the Board of Parole created by the Act of May 13, 1930 (ch. 255, 46 Stat. 272; 18 U. S . C. 723a), shall have and exercise the same power and authority as the Board of Parole of the District of Columbia had the prisoner been confined in or returned to a penal or correctional institution of the District of Columbia." SEC. 6 . Section 9 of the Act of July 15, 1932 (ch. 492, 47 Stat. 698; title 24, D. C . Code, sec. 208), as amended by the Act of June 6, 1940 (ch. 254, 54 Stat. 242), is amended as follows: "SEC. 9 . The power of the Board of Parole shall extend to all risoners whose sentences exceed one hundred and eighty days regard- less of the nature of the offense: Provided, That in the case of a prisoner convicted of an offense other than a felony, including viola- tions of municipal regulations and ordinances and Acts of Congress in the nature of municipal regulations and ordinances, the prisoner may not be paroled until he has served one-third of the sentence imposed, and in the case of two or more sentences for other than a felony: no parole may be granted until after the prisoner has served one-third of the aggregate sentences imposed." SEC. 7. Section 1 of the Act of July 15, 1932 (ch. 492, 47 Stat. 696; title 24, D. C. Code, sec. 201), and section 2 of the said Act as amended by the Act of June 6, 1940 (ch. 254, 54 Stat. 242; title 24, D. C . Code, sec. 202), are hereby repealed. Approved July 17, 1947. 379 Application for re- duction of minimum sentence. Jurisdiction of court. Opportunity for hearing by retaken prisoner. Termination of pa- role, etc. Confinement to pe- nal Institution other than D. C. institution. Powers of Board. Repeals.