1734 ARTICLE 41

thereof from the guilt of his criminal acts and exempting him from any
pains and penalties imposed upon him therefor by law. It shall be pre-
sumed that the grantee of a pardon had been lawfully and properly con-
victed of crime against the State unless the order shall make known that
the grantee has been conclusively shown to have been convicted in error.

(b) A partial pardon is an act of clemency, a pardon which has been
limited by the terms of the order so as to be of less effect than a full pardon;
and which is clearly shown on the face of the order to be a partial pardon.

(c) A conditional pardon is an act of clemency. It is a pardon, the legal
operation of which is dependent upon the performance of such conditions
precedent or subsequent, as the Governor may specify in the written order.
The order shall likewise show whether the pardon is a partial or a full
pardon.

(d) A commutation of sentence is an act of clemency, evidenced by a
written Executive Order signed by the Governor under the Great Seal,
ordering that the grantee shall suffer a lesser penalty for his offense than
that imposed upon him by the Court in which he was convicted. A commu-
tation may be absolute or made to depend for its effectiveness upon the
compliance with such conditions, precedent or subsequent, as the Governor
may provide in the written order.

(e) A parole is a conditional release from imprisonment, granted by
the Governor to any of certain classes or prisoners in any adult penal or
correctional institution of this State, in the manner provided for in this
sub-title. A parole shall be evidenced by an order in writing, and entitles
the recipient thereof to leave the institution in which he was imprisoned,
and to serve the remainder of his term outside the confines thereof if he
shall satisfactorily comply with all the terms and conditions provided in
the parole order. Each such paroled prisoner shall be deemed to remain in
legal custody until the expiration of his full, undiminished term; and
upon having violated the conditions of his parole, shall be remanded to the
institution from which he was paroled.

(f) Probation is the conditional exemption from imprisonment allowed
any prisoner by suspension of sentence in the Circuit Court for any county
of this State or in the Criminal Court of Baltimore. The conditions of any
order of probation shall be determined solely by the Judge granting the
same.

1939, ch. 406, sec. 47.

75. (Division of Parole and Probation.) There shall be within the
Executive Department a Division of Parole and Probation; all the powers,
duties, and functions of which shall be exercised and performed by a Board
of Parole and Probation and the Director of Parole and Probation as
hereinafter provided for in this sub-title. All the rights, powers, duties,
obligations, and functions of the Parole Commissioner under existing law
at the time, of the passage of this Act, shall, upon the taking effect thereof,
be transferred to, and thereafter be exercised and performed by the Direc-
tor of Parole and Probation who shall be the lawful successor of the said
Parole Commissioner to-the same extent and effect as if the said Director
of Parole and Probation had been named in said existing laws as the
official upon whom the said rights, powers, duties, obligations, and func-
tions were conferred.

All the records of the Parole Commissioner, together with all automo-
biles and other equipment to which the Parole Commissioner shall hold