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Session Laws, 1939
Volume 581, Page 863   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 863

(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 subse-
quent, 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 im-
posed upon him by the Court in which he was convicted.
A commutation 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 imprison-
ment, 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 satisfac-
torily 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 institu-
tion from which he was paroled.

(f) Probation is the conditional exemption from im-
prisonment 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 grant-
ing the same.

47. 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 pas-
sage of this Act, shall, upon the taking effect thereof, be
transferred to, and thereafter be exercised and performed
by the Director of Parole and Probation who shall be the
lawful successor of the said Parole Commissioner to the


 

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Session Laws, 1939
Volume 581, Page 863   View pdf image (33K)
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