to return their probationers to court for violations of their probationary conditions. A very common weakness in the operations of the system has been that probation officers have not reported to the court concerning the conduct of their probationers, and whether they have obeyed the probationary rules. Reports on the violations of probationary conditions are required by law to be made at least monthly. In the absence of such reports, and in the absence of proper enforcement of the law in case of violations, the effectiveness of the system is seriously impaired. Making reports is now facilitated by the forms which are supplied by the Commission. Investigations by probation officers before trial or arraignment are made in only a few courts.

In courts where the probation system is most effectively conducted there is great variety in the work done by probation officers. The most successful workers regard the receiving of reports from probationers as much less important than the visiting and other work done by the probation officers. The probation officers obtaining the best results enter into intimate friendly relations with their probationers, and bring into play as many factors as possible, such as for instance, securing employment for their probationers, readjusting family difficulties, securing medical treatment or charity if necessary, interesting helpful friends and relatives, getting the co-operation of churches, social settlements and various other organizations, encouraging probationers to start bank accounts, to keep better hours, to associate with better companions, and so forth.

Investigations by Probation Officers.

Since March the Commission has collected statistics from probation officers showing the number of preliminary investigations of cases made by them pursuant to the provisions of section 11-a of the Code of Criminal Procedure; and their reports indicate that during the last ten months of 1908, probation officers investigated 11,401 cases. Fourteen hundred and sixty-five were cases of boys, 215 of girls, 5,830 of men and 3,891 of women.

While investigation of cascs is carried on extensively and very thoroughly in some courts, constituting in some places the chief work of probation officers, elsewhere nothing is done along this

line. In the Buffalo juvenile court one of the probation officers gives his whole time to investigating cases. Probation officers in certain county courts interview practically all persons indicted in their respective counties, visiting the jail regularly for this purpose, after which they make further inquiries outside.

The chief purpose of these investigations is to lay before the court facts which may have a bearing on determining whether to impose probation or some other sentence. The principal facts to be learned by investigations pertain usually to the character, history and environment of the defendant, although so long as the rights of the defendant are not infringed, and the findings are not used as evidence, the investigations may also take into account the circumstances of his offense. Investigation frequently reveals that certain persons arrested for some very slight violation of the law are in the habit of committing more serious offenses, while other persons charged with a serious crime may be normally of good character.

A large proportion of the failures among probation cases could probably be avoided were the disposition of the cases by the court preceded by thorough investigation. Adequate investigation is the foundation of successful probation.

Collecting Fines and Restitution through Probation.

FINES.

The first report of this Commission called attention to the desirability of using probation in suitable cases for collecting fines in installments from defendants, who, through inability to pay their fines at the time of trial, would otherwise have to suffer imprisonment, which in many instances would cause privation among innocent members of their families, and would for other reasons be an unfortunate penalty. The suspension of sentence and the use of probation where a fine is imposed is authorized by section 483 of the Code of Criminal Procedure. When fines are collected in this manner the size of the installments is adopted to the financial circumstances of the defendant and his family. Some probationers are paying fines in installments of only ten or twenty-five cents per week.

The report of the State Commission of Prisons shows that 3,525 inmates of penitentiaries, the equivalent of 23 per cent. of those committed during the year ending September 30, 1908, were committed in default of payment of fines. Such facts as this illustrate why many persons disapprove of the ordinary fine system, for it gives an undue advantage to the defendants who possess money or who can borrow it. Fines when they must be paid forthwith are frequently paid by the defendant's hard-working mother or wife, or by some person to whom the defendant is thereafter under obligation. Often the payment of a fine in a lump sum deprives the innocent members of the defendant's family of the necessaries of life; while on the other hand if for failure to pay the fine the defendant is imprisoned, the family is deprived of his wages, and in addition the moral and social effects of the imprisonment upon him may be injurious. Imprisonment in default of payment of a fine is similar to imprisonment for debt. In Massachusetts if a defendant fined not over ten dollars cannot pay the fine forthwith and will probably not default, and if it is not detrimental to public interests, a law directs that he be placed on probation and required to earn money to pay the fine.

The advantages of collecting fines in installments through a probation officer are: (1) The payment of a fine in small installments is less liable to work hardship upon the members of the defendant's family; (2) the defendant is made to work and earn his own fine; (3) the defendant is given the benefit of probationary oversight and assistance; (4) the amount of revenue collected by the court through fines is increased; and (5) the number of prisoners and the cost of their maintenance in institutions is reduced. If in certain cases the method does not work satisfactorily, the probation officer can return the probationer to court to be dealt with by other means.

RESTITUTION.

The possibilities of the probation system in requiring defendants to make restitution to aggrieved parties for theft, or to make

reparation for damages, have been utilized more during the past year than previously. The practice followed in other states, and which although without specific statutory authorization, has been adopted in some courts in New York State, is to release the person guilty of assault, theft, malicious mischief, disorderly conduct or some similar offense, on probation upon the condition that he pay to the complainant the financial equivalent of the injury or loss inflicted. To illustrate, a man who had broken a plate glass window was released on probation and required to pay the owner of the window $25, and because the defendant was unable to do this in one sum he was placed on probation and required to pay the amount in installments of $1 per week. Again, a man who had stolen a cow was obliged to make through his probation officer a full financial return. In suitable cases this system has a distinct value, for the probationer is taught a valuable lesson in justice and is helped by the probation, and at the same time the complainant is compensated for his loss.

Probation in the Supreme and County Courts.

Since the Commission began its work September 1, 1907, seventeen county courts and five Supreme Court justices have for the first time appointed probation officers, making a total of twenty-eight counties having probation officers during 1908 in their higher courts.* Prior to chapter 99, Laws of 1908, becoming effective during the past summer, thereby permitting the compensation of probation officers by county boards of supervisors, only three counties had any provisions for remunerating probation service. These three counties detailed respectively a county detective, a county court attendant and a county placing-out agent to investigate and supervise cases along probation lines in their county courts. During the last seven months of 1908 the supervisors of nine additional counties made provision for the payment of salaries to probation officers serving in their county courts. Four

* Since January 1, 1909, two additional county courts have appointed probation officers.

teen counties therefore have thus far provided payment for probation service.*

One thousand two hundred and seventy-seven of the 7,751 defendants convicted in the supreme and county courts during the year ending October 31, 1908, according to reports made to the Secretary of State, were released under suspended sentence. This means that about one-sixth of the persons convicted in the higher courts are released under suspended sentence. Because of the fact that until 1909 this Commission has not required all probation officers to distinguish in their reports between cases in the supreme and county courts and those received from inferior courts, and also because certain probation officers were not reported to the Commission until late, it has been impossible to secure reports showing the full extent to which probation has been employed in the supreme and county courts. It is probable, however, that the number placed on probation in the supreme and county courts during 1908 was about 900.

It is highly important that most persons released under suspended sentence by the higher courts be placed under probationary supervision, both in order that the courts may be kept informed as to their behavior, and that the defendants may be helped to improve in conduct. A felony is a crime punishable by death or imprisonment in a State prison, while a misdemeanor is any other crime; but the basis for this distinction is often artificial. A person who commits an offense in the daytime may be guilty only of a misdemeanor, while if the crime is committed after sunset, it becomes a felony. A person who steals $24.90 is guilty only of a misdemeanor, while if the value of the property taken happens to be $25.10, the crime becomes a felony. In many instances a person committing a felony may be of such character and circumstances that he is much less likely to be a danger to the community than one arrested for a misdemeanor. The proportion of young men among those indicted for felonies is very large, and there are frequently conditions making it advisable to release them under suspended sentence with proper probationary supervision and guidance.

* In January, 1909, one more county made an appropriation under the title of probation officer.