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Session Laws, 1961
Volume 654, Page 1027   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                           1027

the care and supervision of the person granted a leave or parole, by
his friends or relatives, by the institution for defective delinquents
or by the Department of Parole and Probation, and also including as
a condition that the said person shall be steadily employed or other-
wise occupied during the time of such leave or parole. The Board
may at any time revoke a leave or parole, or change the conditions
and arrangements therefor. The Board may also request the court
which imposed upon the person the original sentence resulting in his
being subsequently classified as a defective delinquent, to reinstate
the said original sentence; and the said court is authorized and
empowered following such a request to reinstate and reimpose the
said original sentence, and to cause the said person to be held in
custody therefor, as provided hereinbelow.

(e) The leave of absence that may be granted by the Institutional
Board of Review may be limited to hours during which a person is
suitably employed outside the Institution on such terms as are
deemed fair and reasonable by the said Board. The earnings from
such employment shall be collected by the said Board, and from them
the said Board shall pay to the Institution an amount deemed reason-
able by the said Board in the particular case for such person's board,
lodging, supervision and treatment, shall pay to such person or on
his behalf amounts necessary for his travel and other proper ex-
penses outside the Institution, and shall accumulate the remainder '
in a fund held for such person's benefit. If such person is later
granted parole or leave of absence not limited to hours of employ-
ment the Board may pay him from such fund amounts deemed
necessary and proper by the Board, and upon such person's uncon-
ditional release from custody, or upon his death, the Board shall pay
the entire remaining fund to him or his estate.
IF SAID PERSON
IS LATER TRANSFERRED TO THE CUSTODY OF THE DE-
PARTMENT OF CORRECTION, ANY SUCH FUND SHALL BE
TRANSFERRED TO THE DEPARTMENT OF CORRECTION TO
BE HELD IN THE SAME MANNER AS SURPLUS EARNINGS
FROM STATE USE
INDUSTRIES. IN A SEPARATE ACCOUNT
FOR SAID PERSON, AND SHALL BE SUBJECT TO APPLI-
CABLE RULES FOR THE DISBURSEMENT THEREOF AS ARE
ESTABLISHED BY THE BOARD OF CORRECTION. While any
such fund is held the Board shall pay from its amounts directed to be
paid by order of court for the support of such person's dependents,
but the fund shall otherwise be exempt from attachment, levy, or lien,
and any contract or agreement whereby such person shall purport to
waive such exemptions shall be void.

[(e)] (f) If the Institutional Board of Review as a result of its
review and re-examination of any person believes that he has suffi-
ciently improved to warrant his unconditional release from custody
as a defective delinquent, it shall so inform whatever court has juris-
diction over the person. The court then shall make such further study
of such person as seems necessary, and may at its discretion summon
such person before it for a further hearing, together with any wit-
nesses whose testimony may be pertinent and together with any
relevant documents or other evidence. On the basis of such reports,
study and possible hearing, the court shall determine whether the
person before it shall be released unconditionally from custody as a
defective delinquent, released conditionally on a leave of absence or
parole, returned to the custody of the institution as a defective delin-
quent, or returned to the [penal system under the] Department of

 

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Session Laws, 1961
Volume 654, Page 1027   View pdf image (33K)
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