so to do, it shall direct that the defendant be taken to the warden of the state prison at Folsom. Thereafter, and until the termination of the sentence, the state board of prison directors may transfer the defendant from one state prison to the other as in the opinion of the board conditions may require. 1923-72.

1203. After the conviction by plea or verdict of guilty of a public offense where discretion is conferred upon the court or any board or commission or other authority as to the extent of the punishment, the court or board or commission or other authority before judgment and sentence and except as hereinafter provided, may upon oral suggestion of either party or of its own motion when it appears that there are circumstances which may properly be taken into view either in aggravation or mitigation of the punishment, may in its discretion refer the same to the probation officer directing said probation officer to investigate and to report, recommending either for or against release upon probation at a specified time, and the court shall hear the same summarily at that specified time and upon such notice to the adverse party as it may direct. At such specified time if it shall appear from the report furnished by the probation officer or otherwise and from the circumstances, that any person over the age of eighteen years having either pleaded guilty or having been convicted of a public offense, that there are circumstances in mitigation of punishment or that the ends of justice shall be subserved thereby, the court may have power in its discretion to place the defendant upon probation as hereinafter provided; further provided, however, that nothing contained in this section shall apply to cases of murder, robbery, burglary, or rape by force and violence, where in the perpetration of such crimes a deadly weapon is used, or the person committing any of the said crimes was armed with a deadly weapon or where, in the perpetration of any such crimes, great bodily injure or torture is inflicted, nor to any person who has been previously convicted of any of said offenses, nor where a public official or employee of the state, county, city, city and county, or other political subdivision thereof in the discharge of the duties of his public office or employment accepts or gives or offers to accept or give a bribe or embezzles public moneys or is guilty of extortion in the discharge of his official duty.

(a.) The court, judge or justice thereof, may suspend the imposing, or the execution of sentence and may direct that such suspension may continue for such period of time not exceeding the maximum possible term of such sentence, except as hereinafter set forth, and upon such terms and conditions as it shall determine, which terms and conditions may include, in the discretion of the court, the requirements of bonds for the appearance of the person released upon probation before the court, at any time that the court may require such appearance in the investigation of any alleged violation of said terms and conditions of probation and such bonds may be at any time by the court exonerated without affecting any of the other terms and conditions of such probation;

and in the case of such suspension of imposition or execution of sentence, the court shall place such person on probation and under the charge and supervision of the probation officer of said court during such suspension; provided, however, that where the maximum possible term of such sentence is less than two years, then such period of suspension of imposition or execution of sentence may, in the discretion of the court, continue for not over two years. Where the offense consists of a violation of section two hundred seventy or two hundred seventy a of the Penal Code of the State of California, such suspension of imposition or execution of sentence may, in the discretion of the court, continue for not over five years.

(b.) If the judgment is to pay a fine, and the defendant be imprisoned until it be paid, the court, judge or justice upon imposing sentence, may direct that the execution of the sentence of imprisonment be suspended for such period of time, not exceeding the maximum possible term of such sentence and on such terms as it shall determine, and shall place the defendant on probation, under the charge and supervision of the probation officer during such suspension, to the end that he may be given the opportunity to pay the fine; provided, however, that upon the payment of the fine being made, judgment shall be satisfied and the probation cease.

(c.) At any time during the probationary term of the person released on probation, in accordance with the provisions of this section, any probation officer 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 may, in 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 so requires, and if the court, in its judgment, shall have reason to believe from the report of the probation officer, or otherwise, that the person so placed upon probation is violating the conditions of his probation, or engaging in criminal practices, or has become abandoned to improper associates, or a vicious life. Upon such revocation and termination, the court may, if the sentence has been suspended, pronounce judgment after the said suspension of the sentence for any time within the longest period for which the defendant might have been sentenced but if the judgment has been pronounced and the execution thereof has been suspended, the court may revoke such suspension, where upon the judgment shall be in full force and effect, and the person shall be delivered over to the proper officer to serve his sentence.

(d.) The court shall have power at any time during the term of probation to revoke or modify its order of suspension of imposition or execution of sentence. It 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 on probation shall warrant it, terminate the period of probation and discharge the person so held, but no such order shall be made without written notice first given by the court or the clerk thereof to the proper probation

officer of the intention to revoke or modify its order, and in all cases, if the court has not seen fit to revoke the order of probation and impose sentence or pronounce judgment, the defendant shall, at the end of the term of probation, be by the court discharged.

(e.) Every defendant who has fulfilled the conditions of his probation for the entire period thereof, or who shall have been discharged from probation prior to the termination of the period thereof, shall at any time prior to the expiration of the maximum period of punishment for the offense of which he has been convicted, dating from said discharge from probation of said termination of said period of probation, be permitted by the court to withdraw his plea of guilty and enter a plea of not guilty; or if he has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusation or information against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted.

(f.) The offices of adult probation officer, assistant adult probation officer, and deputy adult probation officer are hereby created; provided, that except as hereinafter specified the probation officers, assistant probation officers and deputy probation officers appointed under an act known as the juvenile court law and entitled "An act to be known as the juvenile court law, and concerning persons under the age of twenty-one years; and in certain cases providing for their care, custody and maintainace; providing for the probationery treatment of such persons, and for the commitment of such persons to the Whittier State School and the Preston School of Industry, the California School for girls and other institutions; establishing probation officers and a probation committee to deal with such persons and fixing the salary thereof; providing for the establishment of detention homes for such persons; fixing the method of procedure and treatment or commitment where crimes have been committed by such persons; providing for the punishment of those guilty of offenses with reference to such persons, and defining such crimes; and repealing the juvenile court law approved March 8, 1909, as amended by an act approved April 5, 1911, and as amended by an act approved June 16, 1913, and all amendments thereof and all acts or parts of acts inconsistent herewith," approved June 5, 1915 or under any laws amending or superseding the same shall be exofficio adult probation officers, assistant adult probation officers and deputy adult probation officers respectively except in the case. of offenses committed in any city and county and also in those counties not operating under a freeholder's charter, and having a population of more than three hundred thousand, as the same is determined by the federal census taken in the year anno Domini one thousand nine hundred twenty, in which counties and cities and counties the adult probation officers, assistant and deputy adult probation officers appointed under subdivision (g) of this section shall serve under this act; provided, however, that in all cases of offenses defined by section twenty-one of said act, known

as the juvenile court law and by section two hundred and seventy of the Penal Code, the same probation officers, assistants and deputies shall serve under this act as are appointed under said juvenile court law.

(g.) In any city and county and in any said county having a population of more than three hundred thousand and not operating under a freeholder's charter, the judges presiding in the departments designated for the hearing and disposition of criminal cases and proceedings by a majority vote shall by order entered in the minutes of the court appoint seven citizens of good moral character to be known as the adult probation board and shall fill all vacancies occuring in such board. The clerk of said court shall immediately notify each person appointed on said board and thereupon said person shall appear before a judge of the superior court and qualify by taking an oath, which shall be entered in said court record, to perform faithfully the duties of such adult probation board. The members of such adult probation board shall hold office for four years, and until their successors are appointed and qualify; provided, that of those first appointed one shall hold office for one year, two for two years, two for three years and two for four years, the terms for which the respective members shall hold office to be determined by lot as soon after their appointment as may be. When any vacancy occurs in any probation board by expiration of the term of office of any member thereof, the successor shall be appointed to hold office for the term of four years. When any vacancy occurs for any other reason the appointee shall hold office for the unexpired term of his predecessor. Any member of the probation board may be removed for cause at any time by an affirmative vote of four members of said board at a meeting called for the special purpose of considering the question of said removal and the subsequent written approval of a majority of the said judges designated for the hearing and disposition of criminal cases and proceedings, said written approval to be filed with the clerk of the court within thirty days after the written report of the said board has been received by said judges. Written notice as to said special meeting shall be served on each of the members of said board at least ten days prior to the date set therefor and shall specify the purpose thereof.

It shall be the duty of such adult probation board to exercise a friendly supervision of probationers when so directed by the court to furnish the court information and assistance whenever required upon the request of the court and from time to time to advise and recommend to the court any changes or modifications of the order made in the case of a probationer as may be for the best interests of such person.

Members of the adult probation board shall serve without compensation.

In any city and county there shall be one adult probation officer and eight assistant adult probation officers, who shall receive sal

aries as follows: adult probation officer, two hundred fifty dollars per month, one assistant adult probation officer two hundred dollars per month, and seven assistant adult probation officers at one hundred forty dollars per month, each. In any county of more than three hundred thousand and not operating under a freeholder's charter, there shall be one adult probation officer, one assistant adult probation officer and two deputy adult probation officers who shall receive the following salaries: adult probation officer, three thousand dollars per annum; assistant adult probation officer, two thousand four hundred dollars per annum; one deputy adult probation officer two thousand one hundred dollars per annum; one deputy adult probation officer, six hundred dollars per annum. One deputy adult probation officer in such county shall be a woman and shall be a competent stenographer and typist of sufficient ability to perform the clerical and stenographic work of the office in addition to her other duties. The salaries of the adult probation officer, assistant and deputies herein provided shall be paid out of the treasury of the county or city and county in which they are appointed in the same manner as the salaries of other county officers. The said adult probation officer, assistant and deputies shall be allowed such necessary incidental expenses incurred in the performance of their duties as required by any law of the State of California as may be authorized by a judge designated for the hearing and disposition of criminal cases and proceedings, or by the judge of a department to which criminal actions and proceedings are assigned, and the same shall be a charge upon the county and said expenses shall be paid out of the county treasury upon the written order of said judge, directing the county auditor to deliver his warrant upon the treasurer for the specified amount of such expenses. The adult probation officer shall keep a list of expenses and file a copy monthly with the board of supervisors.

In any city and county and in said counties having a population of more than three hundred thousand and not operating under a freeholder's charter, the adult probation officer, assistant and deputies hereinbefore provided shall be nominated by the adult probation board and shall be appointed by a majority vote of the judges presiding in the departments designated for the hearing and disposition of criminal cases. The term of office of the adult probation officer, assistant and deputies herein provided for shall be two years from the date of their appointment. The said officers may at any time be removed by a vote of a majority of the judges presiding in the departments designated for the hearing and disposition of criminal cases and proceedings for good cause shown and on the filing of written charges by the said judge or judges with the adult probation officer.

Each adult probation officer, assistant and deputy shall give a bond in the sum of not more than two thousand dollars to be fixed and approved by the judges of the superior court presiding in the departments designated for the hearing and disposition of criminal