APPENDIX I. EXTRACTS FROM LAWS ON PROBATION PASSED IN THE UNITED STATES IN 1908. GEORGIA. Children's Courts Established. Page 1107, Sept. 4, 1908. Section 9. If, on the hearing, the court finds that a child is a delinquent or wayward child, it may: (a.) release the child on probation upon such terms and conditions, and for such period of time as the court may think fit; or, (b.) commit the child for such period of time as the court may think fit, either to an institution or to the care of some person who is willing to undertake such care; or, (c.) if such child is over ten years of age, commit the child to take his trial according to law. In the event such child is convicted of an offense not punishable by death or imprisonment for life, the court may; (1) release the child on probation upon such terms and conditions and for such period of time as the court may think fit; * * * § 10. If a child who has been released on probation breaks the terms or conditions of the release, or if it appears to the court that it is to the best interest of such child to take the same away from any person or institution to whose care such child has been committed, the child may again be brought before the court and dealt with under the provisions of this Act just as if it had not been released or committed. * * * § 12. The judge of the superior court of the county may make regulations; (2) providing for the employment, education, discipline and punishment of children dealt with under this Act; * * * (4), for the appointment of a probation officer and such. officers of the childrens't court as the court may think necessary in order to carry out the provisions of this Act. Females, residents of the county for four years preceding, may be appointed to hold any office by virtue of this Act; (5) prescribing the duties of the officers employed in the administration of this Act; (6), for carrying this Act into effect; (7), for the imposition of a penalty not exceeding $100.00 for the breach of any regulation under this Act. § 13. The judge of the superior court of the county shall fix the compensation of the deputy solicitor-general, the probation officer, and any other officers employed in the carrying out of this Act. All salaries and other expenses provided for under this Act shall be paid out of the county treasury, upon the certificate of the judge of the superior court as other court expenses are now paid. All sums for costs, fines, forfeitures, or otherwise shall be paid into the county treasury. KENTUCKY. Juvenile Probation. Chapter 67, March 19, 1908; repealing 1906, ch. 64. Section 2. * * * In counties containing a city of the first class, * * * said Fiscal Court of the county or Board of County Commissioners as the case may be shall provide suitable quarters for the Probation officers hereinafter provided for, either in the courthouse of the county, or in some other building. § 3. The County Courts of the several counties in this State shall have authority to appoint or designate one or more discreet persons of good moral character, to serve as probation † So in original. officers during the pleasure of the court; such probation officer to receive no compensation except as herein provided. In counties having a city of the first or second class the county court may appoint one probation officer, who shall be designated as Chief Probation Officer, and who shall receive a salary of not exceeding $2,400.00 per year, to be fixed by the County Court Judge; one or more Assistant Probation Officers, one of whom shall receive a salary of not exceeding $1,200.00 per year, and all other assistants so appointed shall receive a salary not exceeding $720.00 per year, such salaries to be fixed by the Judge of the County Court. Such probation officers shall be allowed their actual and necessary expenses incurred in the performance of their duties; said salaries and expenses to be paid as provided herein. * § 4. * * Until the first hearing of the case by the court, the chief probation officer or any assistant probation officer may release the child upon its own recognizance; or upon the recognizance of the parent or person having the custody, control or supervision of the child, to appear before the court at such time as may be therein fixed or the probation officer may cause the child to be placed in the detention school hereinafter mentioned; or in any place of detention for children maintained by the city or county; Provided, however, That no child under fourteen years of age shall, under any circumstances be incarcerated in any county jail or police station, and any officer or person knowingly violating this provision of this act shall be guilty of a misdemeanor and, on conviction, fined in a sum not to exceed one hundred ($100.00) dollars. * * * Or the county court may assign to the charge and care of said detention school one or more of the probation officers hereinbefore mentioned with or without additional salary. § 7. In any case of a delinquent child coming under the provisions of this act, the court may allow such child to remain in its own home, subject to the friendly visitation of a probation officer, such child to report to the probation officer as often as may be required, and subject to be returned to the court for further proceedings whenever such action may appear necessary; and if the parents, parent, guardian or person having the custody, control or supervision of such child consent thereto, or if the court shall further find either that the parents, parent, guardian or person having its custody, control or supervision are unfit, or improper guardians, or are unable or unwilling to care for, protect, educate or discipline such child, and shall further find that it is for the interest of such child and of the people of this state that such child be taken from the custody or control of such parents, parent, custodian or guardian, the court may permit such child to remain in its own home subject to the friendly visitation and supervision of a probation officer or may cause such child to be placed in a suitable family home, or cause it to be boarded out in a suitable family home, subject to the friendly visitations of a probation officer and the further order of the court in case provision is made by voluntary contribution or otherwise for the payment of board of such child until suitable provision be made for the child in a home without such payment. § 9. When any child shall be found to be dependent or neglected within the meaning of this act, the court may allow such child to remain in its own home, subject to the friendly visitations of a probation officer, such child to report to the probation officer as often as may be required, and if the parents, parent, or guardian or person having the custody, control or supervision of such child consent thereto, or if the court shall find that the parents, parent, guardian, or person having its custody, control or supervision are unfit or improper guardians or are unwilling or unable to care for, protect, educate or discipline such child, and shall further find that it is for the interest of such child and for the people of this state that such child be taken from the custody or control of its parent, parents, guardian or person having its custody, control or supervision, the Court may cause such child to be placed in a suitable home, subject to the friendly visitation and supervision of a probation officer, or cause it to be boarded out in some suitable family home, in case provision is made by voluntary contribution or otherwise for the payment of the board, and subject to the friendly visitation and supervision of a probation officer. * * * § 20. 2. It shall also be the duty of the probation officers to be present in court to represent the interest of the child when the cases investigated by such probations † officers shall be heard; to furnish such information as may be required; to advise with the court as to the proper disposition of the case; take such charge of the child before and after the hearing as may be ordered. 3. The probation officers shall keep themselves informed as to the condition and conduct of children placed on probation to them, and as far as practicable, aid and encouragement † So in original. should be given by friendly advice and admonition, to keep the terms of their probation; and by the exercise of interest and concern in their welfare, reclaim them from evil courses. All probation officers shall make report to the chief probation officer or to the court at such times as may be ordered. 4. No probation officer shall divulge or communicate to any person other than to the court, or to the board provided herein, without the consent of the county judge, any fact or information obtained pursuant to the discharge of his duties, nor shall any record of any proceedings be made public, except by leave of the judge of the county court. The foregoing shall not relieve the probation officer from divulging such facts as a witness on the trial of any case, or the hearing of any proceedings, nor the production of such records for use on any trial or proceeding. 5. In counties in which there is a chief probation officer it shall be the duty of such chief probation officer to direct and be responsible for the investigation of all cases filed as provided herein; and direct the transfer of children to and from institutions; and when children shall be placed on probation, to direct the work of all probation officers in whose charge the children have been placed, to secure from such officers regular reports, to visit all children under the care of the court unless excused by the court at least twice a year, to advise and counsel with all other probation officers and to preserve for use in the courts or probation office, complete records of the subsequent conduct of the probationer. 6. Upon the termination of the probation period the probation officer shall report the fact to the court, and also the conduct of the probationer during the period of probation, and the court may thereupon discharge the probationer from further supervision, or extend the probation period as the circumstances require, and when the probationer is so discharged the entry of the discharge shall be made in the records of the court, together with a statement of the conduct of the probationer during the term of his probation. LOUISIANA. Juvenile Probation. Chapter 83, June 30, 1908. Section 5. Be it further enacted, etc,, That the Judge of said Juvenile Court in the Parish of Orleans may commission the agent of the Society for the Prevention of Cruelty to Children, or some other reputable person, either male or female as Probation Officers, one of whom shall be designated the Chief Probation Officer. Said Probation Officers shall be present in Court when cases assigned to them, as hereinafter provided, are heard, to represent the interest of the child. They shall make such investigations of each case and take such charge of the child before or after trial as may be directed by the Court. All Probation Officers are hereby invested with all the power and authority of Sheriffs to make arrests and perform other duties incident to their office. * * § 11. * In the Parish, of Orleans the Court may [pending the trial] turn the child over to the care of the Chief Probation Officer to be placed in the care of some proper Association or institution, for whose compensation the City Council shall provide a reasonable per diem; but in no instance shall the Court commit any child to any jail or other lockup. No police officer, sheriff, probation officer or other peace officer arresting a child in the commission of a violation of any of the provisions of this Act or under any other circumstances, shall place said child in any police station, jail or other lockup or book said child in any such police station, or jail, with any offense, or make any record in said station or jail of such arrest; and any officer violating any of the terms of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum not exceeding One Hundred Dollars; provided that in the Parish of Orleans the child shall be turned over to the custody of the Chief Probation Officer until the proper action may be taken by the Court. In all preliminary proceedings against the child it need not appear in person, but, in the discretion of the Court, may be represented by the Probation Officer. 13. Be it further enacted, etc., That immediately upon the filing of any affidavit, information or indictment in said Juvenile Court, the Clerk of said Court shall furnish a copy of the same to the Probation Officer, who shall institute an investigation of the case without delay. * * * § 14. Be it further enacted, etc., That in trials under this Act, all facts connected therewith, and all surrounding circumstances, including the environment and history of the child, together with any character of evidence which the Court in its discretion may deem proper shall be admissible in evidence, and the testimony of the Probation Officer assigned to the case shall be admissible as to the result of his investigation. Notice of all trials shall be sent to the proper Probation Officer. § 17. *** Whenever the interest of the child shall require, the Court may defer its judgment, continuing the hearing from time to time, and may commit the child to the care of a Probation Officer, and may allow such child to remain at home or in some suitable family without cost to the State, or in any institution deemed proper by the Court, subject always to the visitation and supervision of the Probation Officer, and such child shall report to the Probation Officer of the Court as often as may be required or may be returned to the Court for further action whenever deemed necessary by said Court, in which event the Court may discharge the child, or continue the probation, or make any other disposition of said child authorized under this Act. MASSACHUSETTS. The Support of Wives and Minor Children by Persons Placed on Probaticn. Chapter 104, February 24, 1908; reviving 1905, ch. 307, and repealing part of 1907, ch. 563, § 26. Section 1. Chapter three hundred and seven of the acts of the year nineteen hundred and five, relative to the support of wives and minor children by persons placed on probation, is hereby revived and continued in full force, and all proceedings taken, and all orders made by any court since the first day of September in the year nineteen hundred and seven, are hereby confirmed and made valid, to the same extent as if said chapter had not been repealed. § 2. So much of section twenty-six of chapter five hundred and sixty-three of the acts of the year nineteen hundred and seven as repealed said chapter three hundred and seven is hereby repealed. State Commission on Probation. Chapter 465, April 28, 1908; repealing 1880, ch. 129, § 2; 1891, ch. 355, § 5; 1900, ch. 449, §§ 3-8. Section 1. The chief justice of the superior court shall appoint five persons, one or more of whom may be justices of the courts, to be a Commission on Probation. Their terms of office shall be so designated at the time of appointment that the term of one member shall expire on the second Wednesday of July in each of the five years following; and in each year hereafter the said chief justice shall in like manner appoint one member for a term of five years. A vacancy in the commission shall be filled in the same manner for the unexpired term. Any member of the commission may be removed by the chief justice. The commission shall appoint a deputy commissioner, who shall be its executive officer and shall hold office during its pleasure. He shall perform such duties as may be required of him by the commission; and shall receive such salary as it shall determine. The commission shall be provided with suitable office accommodations, in the Suffolk county court house or elsewhere, and may employ such assistance as is needed to perform its work. The members of the commission shall receive no compensation for services hereunder, but they and the deputy commissioner shall be allowed the necessary expenses incurred in the performance of their official duties. The expense incurred under this section shall not exceed five thousand dollars in any one year, and shall be paid from the treasury of the commonwealth, and the bills therefor shall be approved and paid in the same manner in which other bills against the commonwealth are approved and paid. § 2. The commission shall prescribe the form of all records and of all reports from probation officers, and shall make rules for the registration of reports and for the exchange of information between the courts. It shall provide for such organization and co-operation of the probation officers in the several courts as may seem advisable. To promote co-ordination in the probation work of the courts, the commission may call a conference of any or all of the justices of the municipal, police and district courts and the Boston juvenile court, or a conference of any or all of the probation officers and assistant probation officers; and a member of the commission shall preside over all such conferences. With the approval of the commission the prison commissioners, or the state board of charity, may hold a conference with any or all of the probation officers for the purpose of securing the co-operation of such officers in keeping trace of the whereabouts of persons who are at liberty from the prisons of the commonwealth. The traveling expenses of said justices or officers in attending any conference herein named, shall be paid as the other expenses of the respectivecourts are paid. § 3. Every probation officer, except where there is more than one probation officer in any court, then the senior probation officer, shall transmit to the commission in such form and at such times as it shall require, detailed reports regarding the work of probation in the court; and under the direction of the commission a record shall be kept of all such cases as the commission may require for the information of the justices and probation officers. It shall be the duty of police officials to co-operate with the commission and the probation officers in obtaining and reporting information concerning persons on probation. The information so obtained and recorded shall be accessible at all times to the justices and officers of the courts, to the police commissioner of the city of Boston, and to all chiefs of police and city marshals. The prison commissioners and the state board of charity shall at all times give to the commission and the probation officers such information as may be obtained from the records concerning prisoners under sentence or who have been released. § 4. In the first week of January annually the commission shall transmit to the general court a report of the probation work of the courts for the year ending on the thirtieth day of September preceding. The report shall include such information as the commission may consider to be useful, with any suggestions or recommendations that it desires to make. Five hundred copies of the report shall be printed for the special use of the commission. § 5. The provisions of this act shall not affect the authority of the courts to require the keeping by their probation officers of probation records in addition to those necessary in order to conform to forms of records and reports prescribed by the commission. The authority of the courts to approve expenses and disbursements relating to the probation system shall not be affected by any provision of this act. § 6. Sections eighty-five to ninety, both inclusive, of chapter two hundred and seventeen of the Revised Laws, and all acts and parts of acts inconsistent herewith are hereby repealed. But nothing herein shall be construed to repeal or affect the provisions of chapter four hundred and thirteen of the acts of the year nineteen hundred and six. NEW JERSEY. Chapter 236, April 13, 1908; amending 1903, ch. 221, § 2. Section 1. * * * Said clerk [of the juvenile court] shall keep a record of the proceedings of said court in a separate book, to be provided for that purpose by the board of freeholders of each county, but neither the record of the conviction of juvenile offenders contained therein nor the fact of such conviction, shall be admissible in evidence, or in any way shown in any action or proceeding of a civil or criminal nature, except during the period for which the defendant has been placed on probation by any of said courts in the State of New Jersey, or in a subsequent criminal action in any of the said juvenile courts. NEW YORK. See pp. 115. OHIO. Juvenile Probation. Page 192, April 24, 1908; repealing 1904, p. 621, 561, and 1906, p. 314. Section 12. In case of a delinquent child the judge may continue the hearing from time to time, and may commit the child to the care or custody of a probation officer, and may allow such child to remain at its own home, subject to the visitation of the probation officer; and subject to be returned to the judge for further or other proceedings whenever such action may appear to be necessary; or the judge may cause the child to be placed in a suitable family home, subject to the friendly supervision of a probation officer, and the further order of the judge. 16. When a person is convicted and sentenced under this act for the abandonment of or for the neglect of or for failure to maintain or support a minor, to imprisonment in a workhouse, the county from which said prisoner is so sentenced shall, out of the general revenue fund, pay forty cents for each day said prisoner is so confined, to the chief probation officer of said county, to be by him expended, under the direction of the judge, for the |