The Journal of Prison Discipline and Philanthropy (New Series, No. 50) November 1911Pennsylvania Prison Society
History
The Journal of Prison Discipline and Philanthropy (New Series, No. 50) November 1911
Pennsylvania Prison Society
Charities -- Periodicals; Prisons -- Periodicals
“Whenever any person, convicted in any court of this Commonwealth of
any crime, shall be sentenced to imprisonment in either the Eastern
or Western Penitentiary, the court, instead of pronouncing upon such
convict a definite or fixed term of imprisonment, shall pronounce
upon such convict a sentence of imprisonment for an indefinite term;
stating in such sentence the minimum and maximum limits thereof;
fixing as the minimum time of such imprisonment, the term now or
hereafter prescribed as the minimum imprisonment for the punishment
of such offense; but if there be no minimum time so prescribed, the
court shall determine the same, but it shall not exceed one fourth
of the maximum time, and the maximum limit shall be the maximum time
now or hereafter prescribed as a penalty for such offense: Provided,
however, That when a person shall have twice before been convicted,
sentenced and imprisoned in a penitentiary for a term of not less
than one year, for any crime committed in this State, or elsewhere
within the limits of the United States, the court shall sentence
said person to a maximum of thirty years: And provided further, That
no person sentenced for an indeterminate term shall be entitled
to any benefits under the act, entitled ‘An act providing for the
commutation of sentences for good behavior of convicts in prisons,
penitentiaries, workhouses, and county jails in this State, and
regulations governing the same,’ approved the eleventh day of May,
Anno Domini one thousand nine hundred and one.”
This section has been amended to read:
“Whenever any person, convicted in any court of this Commonwealth of
any crime, shall be sentenced to imprisonment in any penitentiary
of the State, the court, instead of pronouncing upon such convict a
definite or fixed term of imprisonment, shall pronounce upon such
convict a sentence of imprisonment for an indefinite term; stating in
such sentence the minimum and maximum limits thereof; and the maximum
limit shall never exceed the maximum time now or hereafter prescribed
as a penalty for such offense: Provided, That no person sentenced
for an indeterminate term shall be entitled to any benefits under
the act, entitled ‘An act providing for the commutation of sentences
for good behavior of convicts in prisons, penitentiaries, workhouses
and county jails in this State, and regulations governing the same,’
approved the eleventh day of May, Anno Domini one thousand nine
hundred and one.”
It will be seen that this amendment puts it into the power of the
_court_ to fix _any_ minimum below the maximum, instead of a minimum
not exceeding one fourth of the maximum; that it permits the court to
name a lower maximum than the one now prescribed by law for any given
offense; and that it strikes out the thirty-year clause altogether.
Public-domain text, read in full here on John Shaqi.
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