Executive Order 8641—Amending Section VIII, Volume One of the Selective Service Regulations

By virtue of the authority vested in me by the Selective Training and Service Act of 1940 (Pub. No. 783, 76th Cong.), I hereby amend Section VIII, Volume One of the Selective Service Regulations, by adding thereto the following paragraph:

176. Parole.—a. Any person who has heretofore or may hereafter be convicted of a violation of any of the provisions of the Selective Training and Service Act of 1940, or any amendment thereto, or any rules or regulations prescribed thereunder, shall at any time after such conviction be eligible for release from custody on parole for service in the land or naval forces of the United States, or for work of national importance under civilian direction, or for any other special service established pursuant to said Act, in the manner and under the conditions hereinafter set out.

b. The parole provided for in subparagraph a hereof may be granted by the Attorney General to any person required to register under the provisions of the Selective Training and Service Act of 1940 and any proclamation of the President thereunder, if in the judgment of the Attorney General it is compatible with the public interest and the enforcement of the Selective Training and Service Act of 1940, upon the recommendation of the Director of Selective Service. Before recommending the parole of any such person, the Director of Selective Service shall determine, and include in his recommendation, whether such person should be paroled for (1) induction into the land or naval forces of the United States; or (2) induction into the land or naval forces of the United States for non-combatant service as such service has been or may hereafter be defined; or (3) assignment to work of national importance under civilian direction in lieu of induction into the land or naval forces of the United States; or (4) assignment to such other special service as may be established pursuant to the Selective Training and Service Act of 1940. If the parole is granted, it shall conform to such recommendation.

c. The parole provided for in subparagraph a hereof may be granted by the Attorney General to any person not required to register under the provisions of the Selective Training and Service Act of 1940 and any proclamation of the President thereunder, if in the judgment of the Attorney General it is compatible with the public interest and the enforcement of the Selective Training and Service Act of 1940. Such person shall thereupon be inducted into the land or naval forces of the United States if he is acceptable to such forces, or be assigned to any special service established pursuant to the Selective Training and Service Act of 1940 upon such terms and conditions as may be specified by the Attorney General, and the Attorney General is authorized to establish or designate such special services.

d. Any person who is paroled for service in the land or naval forces of the United States but is not actually inducted into said forces, or who after induction and before completion of the service specified in the order granting the parole is discharged from such forces, may, upon recommendation of the Director of Selective Service, then be assigned by the Attorney General to work of national importance under civilian direction or to any special service established pursuant to the Selective Training and Service Act of 1940, or may be returned to a penal or correctional institution to complete the sentence originally imposed with or without deduction for the time spent on parole as the Attorney General may determine.

e. If in the opinion of the Director of Selective Service any person paroled for assignment to work of national importance under civilian direction or other special service established pursuant to the Selective Training and Service Act of 1940 fails or refuses to perform such work or service or abide by the rules of conduct established in connection therewith, the Director of Selective Service shall so notify the Attorney General, who may revoke the parole of such person and return him to the penal or correctional institution to complete the sentence originally imposed with or without deduction for the time spent on parole as the Attorney General may determine.

f. The Attorney General shall impose such terms and conditions as he may deem proper upon any person released on parole, and shall supervise the parolee to see that he abides by the terms and conditions of the parole; provided, however, that such power of supervision shall be suspended while the parolee is in the active land or naval forces of the United States.

g. The parole herein authorized may be revoked at any time in the discretion of the Attorney General or his authorized agent; provided, however, that such power of revocation shall be suspended while the parolee is in the active land or naval forces of the United States. Upon revocation of the parole, the parolee shall thereupon be returned to the proper penal or correctional institution to complete the sentence originally imposed with or without deduction for the time spent on parole as the Attorney General may determine, or until reparole.

h. The Attorney General and the Director of Selective Service are authorized to prescribe such rules and regulations not inconsistent herewith as may be necessary for the proper administration of their respective functions and duties set forth in this paragraph.

i. Nothing in these regulations shall be construed as limiting or restricting the application of the act entitled "An act to parole United States prisoners, and for other purposes," approved June 25, 1910 (36 Stat. 819), as amended.

FRANKLIN D ROOSEVELT

The White House,
January 18, 1941.