{"@context":"http://iiif.io/api/presentation/2/context.json","@type":"sc:Manifest","@id":"https://iiif.quartexcollections.com/ncdcr/iiif/4d21a64e-2290-4cb5-a89c-0eb0572a83bc/manifest","label":"Probation_Commission","metadata":[{"label":"Title","value":"State Agency Finding Aid: Probation and Parole, 1937-1957"},{"label":"MARS ID","value":"52"},{"label":"Digital Collections","value":["Legacy Finding Aids Collection"]},{"label":"Identifier","value":"Probation_Commission"},{"label":"Digital Format","value":["application/pdf"]},{"label":"Hosted By","value":["State Archives of North Carolina"]},{"label":"Metadata Creator","value":["Cusick, Aaron"]},{"label":"Type","value":["Text"]},{"label":"Notes Public","value":"If you have questions about this collection, please contact the State Archives of North Carolina at archives@ncdcr.gov."},{"label":"Source","value":"Probation and Parole Records. State Archives of North Carolina"},{"label":"Language","value":["English"]},{"label":"Description","value":"Prior to the American Revolution, the powers of pardon, parole, and commutation of sentences resided constitutionally with the king or his delegated representatives, as in the case of the Lords Proprietors or royal governors.  In 1729, when North Carolina became a royal province, the Crown permitted the governor to remit lesser fines imposed and to pardon all offenders except those convicted of treason or willful  murder.  After the Revolution the governor possessed these powers  except when limited by legislative statute or when cases were prosecuted by the General Assembly.  The Advisory Board of Parole was created by the General Assembly in 1917 to assist the governor in handling requests for parole.  It was to be composed of the attorney general, the chairman of the board of  directors of the State Prison Department, and the chairman of the Board of Public Charities.  The Advisory Board of Parole was to meet monthly to consider whether to recommend paroles for prisoners who had served the minimum punishment prescribed by statute for the offenses of which they were convicted (not less than one fourth of their prescribed sentences).  The superintendent of the state prison was to provide the board with cases and prison  records of such prisoners.  After consideration the board could recommend to the governor that he grant paroles to any eligible prisoner.  In 1933 the legislature authorized the governor to appoint a commissioner of parole to assist him in examining, hearing, sorting, and arranging applications for pardons, reprieves, paroles, and  commutations.  The governor was empowered to set up rules and regulations governing this procedure.  A system of parole supervisors was also  established, with supervisors to be selected by the commissioner of  parole.  Parole supervisors were to come from personnel of the State Prison Department and the State Highway Commission.  In 1935 the General Assembly revised parole legislation combining elements of the acts of 1917 and 1933.  A new Advisory Board of Paroles was created, composed of six members:  three ex officio members -- the attorney general, the chairman of the State Highway and Public Works Commission, the superintendent of public welfare, and three members selected by the governor for staggered terms of one, two, or three years. All vacancies were to be filled by gubernatorial appointment.  The governor and the commissioner of paroles were to serve ex officio as chairman and secretary of the board, respectively.  The governor continued to appoint the commissioner of paroles and also one or more assistants.  Parole investigators were to be hired to sift through the cases of various prisoners and prepare case histories to be submitted to the commissioner.  After reviewing the submitted information, the governor continued to have the power either to grant or refuse a parole. The State Highway and Public Works Commission, which was to serve as the parent agency for the board, was authorized to make rules and regulations concerning grades of prisoners, allowances for time served, and cash and clothing awarded after parole.  The State Probation Commission was created in 1937, consisting of five members appointed by the governor for staggered annual terms.  A chairman was to be elected from the members.  The commission, which was to meet at least once every three months, was empowered to formulate prisoner probation policies for the state, adopt all necessary rules and regulations concerning prisoner probation, and set standards for probation personnel.  With the approval of the governor the commission was to appoint a director of probation to serve as its executive  secretary and any assistants as needed.  The director of probation, in turn, was to appoint as many probation officers as necessary to work  as adjuncts of the criminal courts and to investigate cases referred to them by the courts or by the director.  In so doing they would assist the courts in determining whether or not to suspend, under certain  conditions, the imposition or execution of sentences, placing the defendant on probation.  The State Highway and Public Works Commission was to approve the Probation Commission's budget.  Salaries for the  members of the Probation Commission, as for members of the Advisory Board of Paroles, were to be paid through the State Highway and Public Works Commission, its parent agency.  In 1953 the General Assembly amended legislation affecting the parole board.  The Advisory Board of Paroles and the office of commissioner of paroles were abolished.  A new Board of Paroles was established, consisting of three members appointed by the governor. Members served at the pleasure of the governor who also appointed one  of their number as chairman of the board.  The chairman was to fulfill duties previously performed by the commissioner of paroles.  The board was also empowered to name an executive secretary to act as its  administrative officer and hire clerical and secretarial help as needed.  Terms for Board of Paroles members were changed in 1955 to staggered four-year terms.  The legislature gave the board the power to grant, revoke, terminate, and suspend paroles, and to adopt rules and  regulations for the implementation of its policies.  The governor was no longer able to exercise the power to parole, although he continued to possess the right to pardon and commute.  Legislation affecting the State Probation Commission was modified in 1963.  Directors of probation were to serve four-year terms and were responsible for appointments, promotions, demotions, and discharges of probation system personnel.  A probation director could be removed by the state board, with the consent of the governor.  In 1957 the State Highway and Public Works Commission was separated into the Highway Commission and the Prison Commission, and the General Assembly re-created the State Prison Department.  The Board of Paroles and the State Probation Commission shared the history of the State Prison Department, their parent agency, as it underwent reorganization and name changes in 1967, 1971, and 1973.  The Executive Organization Act of 1973 changed the name of the Board of  Paroles to the State Parole Commission and placed it and the State Probation Commission, for clerical and administrative purposes, under the newly created Division of Adult Probation and Parole in the new Department of Correction.  The 1973 law provided for a five-member Parole Commission, appointed by the governor for four-year terms.  The governor was also to designate a member as commission chairman and was able to remove any member for just cause.  The commission was entrusted with the authority to release eligible prisoners conditionally; revoke, terminate, and suspend paroles; and advise the governor in granting reprieves,  commutations, and pardons.  In 1975 the secretary of correction was made an ex officio member.  Additional legislation affecting the Parole Commission was enacted in 1981, 1983, 1989, and 1991.  Additional legislation affecting probations was enacted in 1983, 1986, 1987, and 1989.  REFERENCES:  P.L., 1917, c. 278, ss. 1-5.  P.L., 1933, c. 111, ss. 1-3.  P.L., 1935, c. 414, ss. 1-6, 16, 20.  P.L., 1937, c. 132, ss. 1, 5, 6, 7, 12.  S.L., 1953, c. 621, ss. 1-6.  S.L., 1955, c. 867, ss. 1, 4, 11.  S.L., 1957, c. 349.  S.L., 1963, c. 914.  S.L., 1967, c. 996.  S.L., 1971, c. 864, ss. 6, 7.  S.L., 1973, c. 1262, ss. 4, 6, 8, 9.  S.L., 1975, c. 704, s. 1.  S.L., 1981, c. 541.  S.L., 1983, cc. 547; 562; 682; 717, s. 80. S.L., 1986, cc. 859, 960.  S.L., 1987, c. 479.  S.L., 1989, cc. 1031, 1034. S.L., 1989 [1990 Reg. Sess.], Resolution 53.  S.L., 1991, cc. 54, 217, 288.  G.S. 15-203 through 15-209, 15A-1341 through 15A-1347, 15A-1370.1   through 15A-1380.2, 148-49.15 through 148-65.1A, 143B-266   through 143B-267 [1993].  Cheek, Roma Sawyer.  THE PARDONING POWER OF THE GOVERNOR OF NORTH    CAROLINA, WITH AN ADDITIONAL CHAPTER ON PAROLE UNDER LEGISLATIVE   AUTHORITY.  Durham:  Duke University, 1932.  Pp. 44-76.  Cheney, John L., Jr., ed.  \"The Constitution of 1776,\" in NORTH CAROLINA   GOVERNMENT, 1585-1979.  Raleigh:  Department of the Secretary of    State, 1981.  P. 813.  Office of the Secretary of State.  NORTH CAROLINA MANUAL, 1975.    Edited by John L. Cheney, Jr.  Raleigh, 1975.  Pp. 571-672."},{"label":"Digital Characteristics","value":"2 pages"},{"label":"Format","value":["Finding aids"]},{"label":"Rights","value":"This item is provided courtesy of the State Archives of North Carolina and is a public record according to G.S.132."},{"label":"Source Collections","value":["Probation and Parole Records. 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