In Albany the Commission heard Hon. J. K. O'Connor, city judge of Utica; Hon. John J. Brady, police magistrate of Albany; Hon. A. T. G. Wemple, police justice of Schenectady; Dr. W. O. Stillman, president of the Mohawk and Hudson River Humane Society; Hon. George McLaughlin, secretary of the State Prison Association; Charles S. Fowler, chief examiner of the State Civil Service Commission; the secretary of the State Board of Charities, Hon. Robert W. Hebberd, and the probation officers for children in Albany, Troy and Schenectady.

In all, 107 persons have appeared before the Commission and the transcript of their testimony occupies 1,734 typewritten pages.

The Commission has also, through special agents, conducted investigations in regard to persons placed on probation in the magistrates' courts of New York city. It has collected and studied the statutes of all the states in the Union on the subject of probation, copies of which are appended hereto.* It has examined the literature on the subject, and submits as an appendix,** references to the more important articles and publications. Members of the Commission have sat with presiding justices in the children's courts, the magistrates' courts, the Court of Special Sessions and the Court of General Sessions, and have had special facilities for becoming informed in regard to the work of these courts.

Distinction between probation and parole. Much confusion has arisen from the indiscriminate use, especially in the Court of Special Sessions, first division, and in the Children's Court in Manhattan, of the terms "probation "

and "parole."

Each of these terms as used generally in the statutes of this State has acquired a specific meaning. Proba

*See Appendix B. p. 123 **See Appendix C. p. 28)

tion is the term used in connection with the release of an offender under a suspended sentence and without imprisonment, but under the oversight of a probation officer, for a definite period and for the purpose of reclaiming him from evil courses. Parole is the term used in connection with conditional release from a penal or reformatory institution after a period of incarceration therein. The term probation has no appropriate use in connection with the oversight of prisoners from penal or reformatory institutions, nor is the term parole wisely applied, in our opinion, in connection with the release of offenders under a suspended sentence and without imprisonment. Throughout this report, the terms " probation " and " parole" are used in the sense above indicated.

Distinction between adult and juvenile probation. Very early in its inquiries the Commission decided to divide its inquiries into two lines, one relating to the probation system as applied to persons over sixteen years of age, the other in relation to those under sixteen years of age. The provisions of statutes dealing with offenders over sixteen years of age, are very different from those dealing with juvenile offenders. Separate courts have been established in the larger cities of the State for children's cases. If committed to institutions, those under the age of sixteen are sent to very different institutions from those over sixteen. Probation work with juveniles must necessarily be conducted on lines quite different from those that would be advisable in dealing with adult offenders.

STATUTORY HISTORY OF PROBATION IN THIS STATE.

GENERAL LAWS.

The courts of record in this State have always possessed an inherent power to release convicted offenders under a suspended

sentence, and that power has been exercised from time immemorial but until very recently, without any provision for oversight or supervision of the persons so released. In 1893 this power was explicitly recognized by statute.

The first general law on the subject of probation in this State was enacted in the year 1901.

Chapter 372 of the Laws of 1901, introduced at the instance of the New York Prison' Association, amended the Code of Criminal Procedure by inserting section 11-a and amending several other sections. Section 11-a provided for the appointment of probation officers by courts of original jurisdiction of criminal actions in all cities of the State, and outlined very briefly the duties of probation officers. It provided that probation officers might be chosen from among private citizens, male or female, or clerks or assistants of the court, or officers, deputies, assistants or clerks in a district attorney's office, or police officers or constables, but that probation officers should not receive compensation for their services as such. The duties of the probation officer were to inquire into the previous history of any defendant when so directed by the court; to make such reports upon persons placed under his care as the court might direct; to furnish to each person released on probation under his care, a written statement of the terms and conditions of his probation, and to report to the court any violation of such terms and conditions. The bill also amended sections 483 and 487 of the same code, so as to authorize the placing on probation of persons over the age of sixteen years convicted of crime. As prepared by the New York Prison Association, the bill was applicable to both children and adults, but owing to the active opposition of the New York Society for the Prevention of Cruelty to Children, it was amended in the legisla

ture so as to apply only to persons over sixteen years of age. It was claimed by the Society for the Prevention of Cruelty to Children that existing laws made adequate provision for the treatment of delinquent children. The bill also amended sections 941, 942, 943 and 946 of the same code, providing for reports to the Secretary of State of the names of all persons as to whom sentence was suspended, or who were placed on probation, and the names and addresses of probation officers appointed by the courts.

The provisions of the law of 1901 were amended twice in 1903, once in 1904 and once in 1905. The principal changes introduced in 1903, by legislation proposed in behalf of the State Board of Charities were the following:

The probation law, theretofore applicable only to cities, was made applicable to all parts of the State. The limitation of the application of the law to persons over sixteen years of age was stricken out, making the law applicable to children as well as to adults. The provision that clerks or assistants of the court, or officer, deputies or assistants, or clerks in the district attorney's office might be appointed as probation officers, was stricken out, and in its place it was provided that probation officers could be chosen from among the officers of societies for the prevention of cruelty to children, or of any charitable or benevolent institutions, society or association. The period of time for which sentence could be suspended was limited to three months, with the provision that it might be extended one or more times, not to exce "ee months each, and not to exceed one year in all. Children under the age of sixteen years were to be placed on probation under the care of probation officers of the same religious faith as the child's parents, when practicable.

The amendment of 1904 permitted the city of New York to pay salaries to women probation officers not detailed from other branches of the public service.

The amendments of 1905 provided that local authorities might determine whether probation officers should receive salaries, and if they determined that salaries should be paid, should fix the amount and provide for the payment. They also struck out the provision that suspension of sentence should be for periods not exceeding three months each, and not exceeding a year in all, leaving the duration of probation subject to the provision of the Penal Code, i. e., not longer than the longest period for which a defendant might have been sentenced. In 1905 certain amendments were added to the Penal Code, authorizing suspension of sentence for the longest period for which the defendant might have been sentenced; in case of children, however, not to exceed one year and also providing that except in the city of New York, children brought before magistrates, under the provisions of section 291 of the Penal Code, might be placed on probation. This section deals largely with the neglect of children, improper guardianship, etc.

LOCAL LAWS.

In 1901 two additional sections were added to the charter of the city of Buffalo, providing that police justices might appoint not more than five discreet persons to serve as probation officers without compensation; that such officers should investigate the circumstances of children under the age of sixteen years when arrested, if so required by the court; that they should be present in court to represent the interests of the child; and should take charge of any child before or after trial, as directed by the court. It was also provided that sentence might be suspended and the