The opinion of the court was delivered by: YOUNGDAHL
This is an application for a writ of habeas corpus.
Petitioner, presently nineteen years of age, is confined in the District of Columbia Jail.
On December 19, 1956, the Juvenile Court committed him for his minority to the National Training School for Boys. Petitioner remained there until January 23, 1958 when, at age 17, he was paroled. On April 1, 1960, the petitioner was arrested under a parole violation's warrant to await a hearing before the Youth Correction Division, United States Board of Parole, to determine whether his parole should be revoked.
Two questions are posed: can a boy be paroled from the National Training School, and if so, can the parole be revoked? Second, is the petitioner's present confinement in the District of Columbia Jail a lawful one?
D.C.Code, § 32-820 expressly provides for parole from the National Training School 'as provided in section 32-821.' Section 32-821 provides that the Board of Trustees 'may in its discretion parole * * * under such conditions and regulations as the said Board of Trustees may deem proper.'
Express mention of revocation is not found, but nothing express is necessary; since parole is authorized, by definition, revocation is also. The statute clearly implies that a boy may be paroled from the National Training School on the condition subsequent that he obey the laws of the community.
The second question is thus reached: may a boy paroled from the National Training School be detained in the District of Columbia Jail under a warrant issued by the parole authorities?
In White v. Reid, D.C.D.C.1954, 125 F.Supp. 647, Chief Judge Laws was faced with this question and held that the detention was unlawful. This Court concurs in that holding.
The petitioner here is not detained in the jail under an arrest warrant or under an indictment charging him with committing a crime at a time when he was more than eighteen years of age.
He is in the Jail under a warrant issued by the parole authorities which, in turn, stems from the petitioner's original commitment by the Juvenile Court to the National Training School. This commitment followed the invocation of the Juvenile Court's unique procedures which 'are not criminal and penal in character, but are an adjudication upon the status of a child in the nature of a guardianship imposed by the state as parens patriae to provide the care and guidance that under normal circumstances would be furnished by the natural parents.' White v. Reid, 125 F.Supp. at page 649.
'Unless the institution is one whose primary concern is the individual's moral and physical wellbeing, unless its facilities are intended for and adapted to guidance, care, education and training rather than punishment, unless its supervision is that of a guardian, not that of a prison guard or jailor, it seems clear a commitment to such institution is by reason of conviction of crime and cannot withstand an assault for violation of fundamental Constitutional safeguards.' White v. Reid, 125 F.Supp. at page 650.
Clearly, Congress could not permit the Attorney General to designate the District of Columbia Jail as the institution to send those found 'involved'
by the Juvenile Court. If it could not be done initially, it should not be permissible by transfer, or justified because of the occurrence of a parole.
In no one of these instances has the child ever been protected by the full mantle of constitutional safeguards at the proceedings which resulted in the deprivation of his liberty. To put such a child in 'a place for (the) punishment of crimes' whose 'customary occupants are persons convicted of crime or awaiting trial for crime' would, therefore, raise a serious constitutional question.
'Persons convicted of an offense against the United States shall be committed, for such terms of imprisonment as the court may direct, to the custody of the Attorney General of the United States or his authorized representative, who shall designate the places of confinement where the sentences shall be served.
'The Attorney General May designate any available, suitable, and appropriate institutions, whether maintained by the Federal Government or otherwise, or whether within or without the ...