maintenance of the dependent minors of such prisoner, of which expenditure such officer shall make monthly reports to such judge; and it shall be the duty of the county commissioners of any such county to make the allowances herein provided for, which shall be paid by the county treasurer out of the county treasury upon the warrant of the county auditor in favor of such probation officer.

§ 20. The warrants, citations, subpoenaes and other writs of such judge may issue to a probation officer of any such court or to the sheriff of any county, and the provisions of section seven thousand two hundred and eighty-seven of the Revised Statutes shall apply in so far as the same are applicable.

§ 22. The judge designated to exercise said jurisdiction may appoint one or more discreet persons of good moral character, one or more of whom may be women, to serve as probation officers, during the pleasure of the judge. One of said officers shall be known as Chief Probation Officer and there may be first, second and third assistants; said chief probation officer and the first, second and third assistant shall receive such compensation as the judge appointing them may designate at the time of the appointment, but the compensation of the chief probation officer shall not exceed twenty-five hundred dollars per annum and that of the first assistant shall not exceed twelve hundred dollars per annum, and of the second and third assistants shall not exceed one thousand dollars per annum, to each, payable monthly. Said judge may appoint other probation officers, with or without compensation, but the entire compensation of all probation officers in any county shall not exceed the sum of forty dollars for each full thousand inhabitants of said county at the last federal census, but in no case shall the entire compensation of all probation officers in any county exceed the sum of seven thousand five hundred dollars. The compensation of the probation officer shall be paid by the county treasurer out of the county treasury upon the warrant of the county auditor, which shall be issued upon itemized vouchers sworn to by said probation officers and certified to by the judge of the juvenile court.

§ 23. When any complaint is made or filed against any minor, under this act, it shall be the duty of the probation officer to proceed to inquire into and make full examination and investigation into the facts and circumstances surrounding the alleged delinquency, neglect, or dependency; the parentage and surroundings of said minor, his exact age, habits, school record, and every fact that will tend to throw light upon his life and character; to be present in court to represent the interests of the child when the case is heard; to furnish to the judge such information and assistance as he may require, and to take charge of any child before and after the trial as the judge may direct; to serve the warrants and other process of the court within or without the county, and in that respect they are hereby clothed with the powers and authority of sheriffs; make arrests without warrant upon reasonable information or upon view of the violation of any of the provisions of this act and detain the person so arrested pending the issuance of a warrant, and perform such other duties, incident to their offices, as the judge may direct; and all sheriffs, deputy sheriffs, constables, marshals and police officers are required to render assistance to probation officers, in the performance of their duties, when requested so to do.

Adult Probation.

Page 339, May 9, 1908

Section 1. In all prosecutions for crime except as hereinafter provided, where the defendant has pleaded or been found guilty, and where the court or magistrate has power to sentence such defendant to be confined in or committed to the penitentiary, the Ohio state reformatory, any jail, workhouse, or a correctional institution, and it appears that the defendant has never before been imprisoned for crime, either in this state or elsewhere, (but detention in an institution for juvenile delinquents shall not be considered as imprisonment) and where it appears to the satisfaction of the court or magistrate that the character of the defendant and circumstances of the case are such that he is not likely again to engage in an offensive course of conduct, and where it may appear that the public good does not demand or require that the defendant shall suffer the penalty imposed by law, said court or magistrate may suspend the execution of the sentence and place the defendant on probation in the manner hereinafter provided. Nothing in this act contained shall in any manner affect the laws providing the method of dealing with juvenile delinquents.

§ 2. No person convicted of murder, arson, burglary of an inhabited dwelling house, incest, sodomy, rape without consent, assault with intent to rape, or administering poison shall have the benefit of probation.

§ 3. Whenever a sentence to the penitentiary or to the Ohio state reformatory has been imposed, but the execution thereof has been suspended and the defendant placed on probation, the effect of such order of probation shall be to place said defendant under the control and management of the board of managers of the institution to which he would have been committed, and he shall be subject to the same rules and regulations as apply to persons paroled from said institutions after a period of imprisonment therein.

§ 4. It shall be the duty of the board of managers of the penitentiary and the board of managers of the state reformatory to furnish the clerk of courts of each county with blank forms setting forth the requirements and conditions used by them in the parole of prisoners of their institutions, but amended so as to be applicable to cases of probation.

§ 5. Whenever it is the judgment of the court that the defendant be placed upon probation and under the supervision of the penitentiary or the Ohio state reformatory, it shall be the immediate duty of the clerk of said court to make a full copy of the judgment of the court, with the order for the suspension of the execution of sentence thereunder and the reasons therefor, and to certify the same to the warden of the penitentiary or to the superintendent of the Ohio state reformatory, to which said court would have committed the defendant but for the suspension of the sentence. Upon entry in the records of the court of the order for such probation, the defendant shall be released from custody of the court as soon as the requirements and conditions required by the board of managers have been properly and fully met.

§ 6. The board of managers of the penitentiary and the board of managers of the Ohio state reformatory shall appoint and employ one or more officers, to be known as field officers, for their respective institutions, who shall carefully look after the welfare of all persons whose sentences have been suspended, and those who have been paroled from said institutions after a period of imprisonment therein.

§ 7. Whenever a person placed upon probation, as aforesaid, does not conduct himself in accordance with the rules and regulations of the institution in whose charge he has been placed, a field officer thereof may, without warrant or other process, arrest said person and convey him to said institution, and the board of managers may, after a full investigation and a personal hearing, because of such conduct, forthwith terminate the probation and cause said person to suffer the penalty of the sentence previously suspended. Any person under probation who has violated the condition of his probation shall, upon order of the board of managers, be subject to arrest in the same manner as in the case of an escaped convict. In all cases of such termination of probation, the original sentence shall be considered as beginning upon the first day of imprisonment in the institution.

§ 8. Whenever it is the judgment of the board of managers that a person on probation has satisfactorily met the conditions of his probation, they shall cause to be issued to said person a final discharge from further supervision; provided that the length of such period of probation shall not be less than the minimum or more than the maximum term for which he might have been imprisoned.

9. The auditor of state shall issue his warrant upon the state treasurer to pay from the appropriation for conviction and transportation of convicts, the salaries and necessary expenses of the field officers, upon presentation of itemized vouchers properly approved by the board of managers.

*

§ 10. In all cases where the sentence of the court or magistrate is that the defendant be imprisoned in a workhouse, jail, or other institution except the penitentiary or the Ohio state reformatory, or that the defendant be fined and committed until said fine be paid, the court or magistrate at its discretion, may suspend the execution of said sentence and place the defendant on probation, and in charge of a probation officer named in such order, in the following manner:

1. In case of sentence to a workhouse, jail or other correctional institution, the court or magistrate may suspend the execution of the sentence and may direct that such suspension continue for such period of time, not exceeding two years, and upon such terms and conditions as it shall determine.

2. In case of a judgment of imprisonment until a fine be paid, the court may direct that the execution of the sentence be suspended on such terms as it may determine and shall place the defendant on probation to the end that said defendant may be given the opportunity to pay the fine within a reasonable time; provided, however, that upon the payment of the fine being made, judgment shall be satisfied and the probation cease.

§ 11. In all cases of probation provided for in section ten of this act, no order for probaon shall be issued, unless the court or magistrate designate some suitable person to act a robation officer in such case and who shall make written reports, at designated periods no ss than once each month, concerning the conduct of any probationer in his charge. Sai

probation officer shall be entitled to necessary expenses in the performance of his duty, and, for cause hereinafter named, may, without warrant or other process, at any time until the final disposition of the case, rearrest any person so placed in his care, and bring him before the court, or the court or magistrate may, at its discretion, issue a warrant for the rearrest of any such person and may thereupon revoke and terminate such probation, if the interest of justice requires, and if the court or magistrate shall have reason to believe from the report of a probation officer or otherwise that the probationer is violating the conditions of his probation or is engaging in criminal practice, or has become abandoned to improper associates, or to a vicious life. Upon such revocation and termination, the court or magistrate may pronounce judgment at any time after the said suspension within the longest period for which the defendant might have been sentenced, whereupon the judgment shall be in full force and effect, and the person shall be delivered over to the proper officer to serve his sentence. The court or magistrate shall have power at any time during the term of probation to revoke or modify its order of execution of sentence, and may at any time, when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held in probation shall warrant it, terminate the period of probation and discharge the person so held, and in all cases, if the court or magistrate has not seen fit to revoke the order of probation, the defendant at the end of the term of probation shall be by the court discharged.

§ 12. In all municipalities where there is now, or hereafter may be, established a police court, the council shall by ordinance provide for the appointment of one or more persons to be known as probation officers, who shall devote all of their time to the interests of persons placed upon probation and, upon the order of the police court, investigate the circumstances of any case that may come before said court for final jurisdiction. Said probation officers shall be appointed by the police court and serve at its pleasure and shall receive such compensation as the council shall by ordinance prescribe. In case a member of the police department is appointed probation officer, he shall have the privilege of returning at any time thereafter to the active service in such department and to the same rank and standing as he held at the time of appointment as probation officer.

APPENDIX J.

SUPPLEMENTARY BIBLIOGRAPHY ON PROBATION AND JUVENILE COURTS.

(This bibliography supplements that published in the First Report of the State Probation Commission. It is incomplete, since it consists of references only to material which has been sent to the State Probation Commission or which has otherwise been brought to its attention. The Commission will likely publish a supplementary bibliography next year, and it would therefore be pleased to be informed of any new material on these subjects.)

I. General description and principles of probation, including references that concern both juvenile and adult probation, p. 135.

II. Adult probation, p. 137.

III. Juvenile probation and juvenile courts, p. 139.

I. GENERAL.

Barrows, S. J. Probation in Massachusetts. (Charities, July 18, 1908, p. 503.) Civil service examination, Cook county (Chicago), Ill. (Juv. ct. rec. Apr. 1908.)

Questions for examination held Jan. 31, 1908.

Civil service examination questions in Chicago and Yonkers. (Juv. ct. rec. Jan. 1909.)

Connecticut prison association.

Connecticut prison association.

probation law, 1907-1908.

DeCourcy, Charles A.

Report 1908, 24 p.

Report of, concerning the operations of the (Conn. pub, doc. No. 44, 1908, 14 p.)

Probation problem. (Mass. st. conf. of char. 1907.) Dewar, David. Notes on probation of offenders act, 1907. (Dundee, Scotland,

Dec. 12, 1907, 4 p.)

District of Columbia, Probation and parental system for. (Cong. rec. 42:125, May 15, 1908. See also 60th cong. 1st sess. sen. no. 569.)

Text of bill introduced into Congress, together with discussion in Senate.

District of Columbia. Report on bill to establish a probation commission in the District of Columbia. (60th cong. 1st sess. sen. no. 569, Apr. 25, 1908.) Essex county (N. J.) probation officer. Annual report for year ending Apr. 30, 1908.

Folks, Homer. Prevention and probation. (Nat'l prison ass'n, 1908.)

Report as chairman of committee on prevention and probation.

Gladstone, H. J. Probation of offenders act, 1907, memorandum and rules by home secretary. (Whitehall, England, Nov. 27, 1907, 5 p.)

Grover, George W. Probation in Maine. (Maine st. conf. of char. and corr. 1907, p. 19-26.)

History, methods and results in Cumberland county.

Hamilton. Probation of offenders act, 1907. (Jurid. rev. Oct. 1907.)

Refers to English act.

Howard association. Report for 1907. (London, p. 14, 46, 57, 66–73, 77–78.) Indiana board of state charities. Report 1903, p. 11, 16, 26.

Ireland

- Probation of offenders act, 1907. Memorandum and rules by the lord lieutenant-general and general governor of Ireland, Dec. 28, 1907, 5 p.

Johnson, Andrew. Cumulative index of the proceedings of the national conference of charities and correction, volumes 1 to 33 inclusive. (Indianapolis, 1907, p. 69, 154, 174, 175.)

Guide to the study of charities and correction by means of the proceedings of the national conference of charities and correction. (Indianapolis, 1908, p. 150-155, 224-225.)

Lindsay, John. Probation guardianship of criminal offenders in its operation in Scotland. (Conf. of discharged prisoners aid soc., Cardiff, 1906, 16 p.) McKenna, Charles F. Catechism of probation. (L. E. Waterman Co., New York city, 1908, 6 p. Issued also by N. Y. st. prob. com'n.)

Maine, Cumberland county. Report of probation officer for 1907. (Report of county commissioners, p. 50-52.)

Massachusetts civic league. Report 1908.

Describes laws creating state commission on probation, and other laws. Murray, J. B. Social reformation of criminals. (Glasgow, 1906.)

New York state charities aid association. Annual reports, 1906, p. 6-14: 1907, p. 5-10.

New York state commission to inquire into the courts of inferior criminal jurisdiction in cities of the first class. Intermediate report, Mar. 30. 1909, 18 p.

Contains recommendations concerning juvenile court and probation in the city of Buffalo. See also Olsen, Harry.

Preliminary report, Feb. 8, 1909, 29 p.

Outlines general conditions concerning probation in New York.

New York state probation commission. Report (first) for six months ending Dec. 31, 1907, 207 p. (Reprinted in part in juv. ct. rec. May, 1908.) Includes text, statistics, a study of probation in Yonkers, citation of American statutes, extracts from American laws passed in 1906 and 1907, and a bibliography. Report (second) for year ending Dec. 31, 1908.

A half dozen reasons why your community needs probation officers and a juvenile court. 2 p. 1909.

Forms for juvenile and adult probation, 27 p. 1908.

Illustrative cases of probation, 4 p. 1909.

Excerpts from the second annual report of the commission.

New Zealand - Department report for 1906-07. For year ending Dec. 31, 1907, Wellington, May 1, 1908, 22 p.

Department of justice, prison's branch. Report on the first offenders probation act, 1886, for year ending Dec. 31, 1906. (Wellington, May 4, 1907, 20 p.)