§ 34. Children; period of probation. A child may be placed on probation for such time as the justice holding the children's court may deem proper, not longer, however, than three years, and such probation period may extend beyond the time such child attains the age of sixteen years.

§ 35. Adults; period of probation. An adult convicted of a misdemeanor may be placed on probation for such time as the justice holding the court of special sessions may deem proper, not longer, however, than two years. An adult convicted of an offense of which the court or justice thereof has summary jurisdiction may be placed on probation for such time as the court or the justice may deem proper, not longer, however, than one year.

§ 36. Revocation of probation.- Probation may be revoked at any time within the maximum periods above mentioned by the court or justice thereof; but as far as practicable the revocation of probation shall be made by the justice who placed the child or adult on probation. Upon such revocation the justice may make such commitment as could have originally been made if the child or adult had not been placed on probation, and to that end may pronounce any judgment, or sentence, or impose any fine, or other penalty, or make any commitment which might have been pronounced, imposed or made at the time the conviction was had. Whenever probation is revoked, the court or justice thereof, as the case may be, may issue process for the rearrest of the defendant and when arraigned the court as it is then constituted, or the justice thereof, may proceed to enter judgment and impose sentence as herein provided.

42. Time of taking effect. This act shall take effect September one, nineteen hundred and ten.

NEW YORK.

Yonkers Probation Officers.

Article XIII., Chapter 452, May 21, 1908.

AN ACT to supplement the general laws relating to the government of the City of Yonkers, and to revise and consolidate the local laws relating thereto. Section 15. The city judge of Yonkers shall have power to impose or suspend sentence in the case of any person convicted and may release any such person upon probation upon such terms and conditions, and for such period not exceeding one year as the court shall deem advisable. A person released on probation in accordance with the provisions of this section shall be placed under the charge and supervision of a probation officer to be appointed as provided in this section, and shall be furnished by the city judge or clerk of the court with a written statement of the terms and conditions of his release. If at any time during the probationary term of a person convicted and released under the provisions of this section it shall appear to the court or city judge that such person has violated any of the terms or conditions of his release, the said court or city judge may issue a warrant for the arrest of such person, and if it shall appear that such violation has occurred, he may commit him, in accordance with the provisions of this section in the same manner as if such person had not theretofore been released upon probation, or to remit to probation pursuant to law. The city judge of Yonkers may appoint such number of salaried probation officers, to hold office during his pleasure, at a salary fixed by the board of estimate and apportionment as may be prescribed by the board of estimate and apportionment upon the recommendation of the city judge, and may include one or more female probation officers. The said city judge may appoint from time to time, to serve at his pleasure, and without compensation, such additional number of probation officers as he may deem desirable.

§ 16. It shall be the duty of a probation officer to be present in court at such times and for such hours as directed by the city judge, court, or other magistrate under whose jurisdiction such officer shall be serving; to inquire into the antecedents and character of such persons taken into custody and brought before the court, or confined within the jurisdiction of such court, as such court shall designate; and to report thereon in writing or verbally, to the court, at such time, and in such manner as the court shall require. He shall also keep himself informed of the conduct and surroundings of those placed on probation under his

supervision; and, so far as practicable, he shall aid and encourage them by friendly advice and admonition to keep the terms of their probation; and by the exercise of interest and concern in their welfare, he shall endeavor to reclaim them from evil courses; and he shall report to the court from time to time the results obtained. It shall also be the duty of a probation officer appointed by the city judge to make report of his proceedings to said city judge, and otherwise act according to law, and as directed by the rules and regulations of said city judge. Each probation officer appointed by the city judge shall perform such further duties as shall be designated or required of him by said judge.

§ 17. No probation officer shall divulge or communicate to any person, other than to the state commission, city judge, or other magistrate, under whose jurisdiction he is serving, without the consent of the city judge or magistrate appointing him, any facts or information obtained pursuant to the discharge of his duties; nor shall any record of any probationer be made public except in accordance with such rules and regulations therefor as may be provided by the city judge or magistrate holding the court having jurisdiction over such probationer.

18. 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. When a probationer is so discharged entry of the discharge shall be made in the records of the court, together with a statement as to the conduct of the probationer during the term of his probation, and his compliance with the terms and conditions of his release.

§ 19. Each probation officer shall have, as to the prisoners committed to his care, the powers of a peace officer.

NEW YORK.

State Probation Commission.

Chapter 613, June 23, 1910: amdg. Chapter 56, February 17, 1909.

AN ACT to amend the state boards and commissions law, in relation to the state probation commission.

Section 1. Section thirty of the state boards and commissions law is hereby amended to read as follows:

Section 30. Organization, powers and duties of state probation commission.— The state probation commission is continued. Such commission shall exercise general supervision over the work of probation officers throughout the state, and shall consist of seven members, who shall serve without compensation as members of such commission. The state board of charities, and the state commission of prisons, shall, respectively, once each year, designate a member of their respective bodies to act as members of the state probation commission; and the commissioner of education shall be, ex officio, a member thereof. As the terms of the appointive members, first appointed by the governor, shall expire, their successors shall be appointed by the governor within thirty days thereafter for a term of four years each. All vacancies occurring among appointive members, from whatsoever cause, shall be filled as soon as practicable thereafter by the governor for the unexpired term. Any appointive member may be removed by the governor for cause and after an opportunity to be heard before the governor. The state commission shall meet at stated times to be fixed by such commission, not less often than once every two months. It shall collect and publish statistical and other information, and make recommendations, as to the operations of the probation system. It shall keep itself informed as to the work of all probation officers, and shall from time to time inquire into their conduct and efficiency. It may require reports from probation officers on blanks furnished by the commission. It shall each year inform all magistrates and probation officers of any legislation directly affecting probation and shall each year publish a list of all probation officers in the state. It shall endeavor, by such means as may seem to it most suitable, to secure the effective application of the probation system and en

forcement of the probation law in all parts of the state. It shall make an annual report to the legislature showing its proceedings under this article and the results of the probation system as administered in the various localities in the state, with any suggestions or recommendations it may consider wise for the more effectual accomplishment of the general purposes of this article. Said commission in the discharge of its duties shall have access to all offices and records of probation officers, but this section shall not be construed as giving said commission access to the records of any society for the prevention of cruelty to children or humane society. The state commission may direct an investigation by a committee of one or more of its members of the work of any probation officer and for this purpose, the member, or members, designated to make such investigation are hereby empowered to issue compulsory process for the attendance of witnesses and the production of papers, to administer oaths, and to examine persons under oath, and to exercise the same powers in respect to such proceeding as belong to referees appointed by the supreme court.

§ 31. Employees of state probation commission.- The state probation commission shall employ a chief executive officer, who shall be its secretary, and who shall receive a salary at the rate of not less than three thousand five hundred dollars a year; a stenographer and such other employees, within the limits of the sums appropriated for use by the legislature, as may be necessary in the conduct of the business of such commission. The duties of such executive officer and other employees shall be designated by said commission. The legislature shall provide for the necessary and reasonable traveling expenses of the members of said commission and of the employees thereof. Such salaries and expenses shall be paid by the treasurer on the warrant of the comptroller, after approval by the commission. 2. This act shall take effect immediately.

APPENDIX J

EXCERPT FROM LAWS ON PROBATION PASSED IN OTHER STATES IN 1909.

COLORADO.

Masters of Discipline to Hear Cases of Juvenile Delinquency or Adult Contributory Delinquency, and to Superintend Probation.

Chapter 158, April 28, 1909.

AN ACT concerning the chancery powers of courts in cases of dependency or delinquency of children and in cases of persons causing, encouraging or contributing thereto, and concerning the rights of persons in such cases. Section 1. In all cases of dependent children, and in cases of delinquent children who are, as defined by section 12 of the act concerning delinquent children, to be treated not as ciminals, but as needing aid, assistance, encouragement, help and education, and therefore where practicable to be tried under the chancery rather than the criminal jurisdiction of the court, as wards of the state, and in all cases of persons causing, encouraging or contributing to the delinquency or dependency of children where such persons are proceeded against under the chancery powers and jurisdiction of the court, the court may in its discretion appoint some discreet person to hear the case and make findings of fact therein in the same capacity and, except as may be otherwise provided herein, with like powers and duties and under such practice and rules, so far as practicable, as pertain to the appointment of a master or referee in chancery proceedings.

2. To aid in the better care and protection of children, courts having jurisdiction in causes mentioned in section 1, may appoint in each city, town or justice of the peace precinct, within its jurisdiction, one or more discreet persons of good moral character, to act as such master or referee as defined in section 1, to serve during the pleasure of the court. Such master shall qualify by taking the oath required by clerks of courts and filing the same with the clerk of the court making the appointment, and the court may require a bond for the faithful performance of his duties in the sum not exceeding two thousand dollars ($2,000). For convenience in all proceedings mentioned herein the master or referee may be designated and referred to as "master of discipline," or "master."

§ 3. Petitions or complaints setting forth the delinquency or dependency of any child or the contributory dependency or delinquency of any person, where the same is within the chancery jurisdiction of the court, may be filed in the first instance before such master or referee and by him filed in the court with like force and effect as though filed in such court in the first instance. Such masters shall be vested with the powers of clerks of courts in all such cases to issue notices, summons, capias or other process to be served or executed as in other cases, and any such notice may be made returnable before such master or referee at the time and place fixed by him for such hearing within such period and with like force and effect as when made returnable before the judge of the court. Such master or referee shall have the power to compel the attendance of witnesses in all such proceedings. In his findings the master shall recommend to the court the character of the care, custody, discipline, aid, assistance, help or disposition of such child and such decree as shall be entered therein; and in the cases of adults or persons charged with contributory dependency or delinquency, such disposition thereof as seems best for the care, protection and best interest of the child and in accord with justice.