Cornell University Law Library. 
 
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Cornell University Library 
 KFN6190.A86 
 
 Manual for probation officers In New Yor 
 
 3 1924 022 784 635 
 
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MANUAL 
 
 FOR 
 
 PROBATION OFFICERS 
 
 IN 
 
 NEW YORK STATE 
 
 PREPARED BY 
 
 )| ' THE STATE PROBATION COMMISSION 
 
 ALBANY 
 
 J. B. LYON COMPANY, PRINTERS 
 
 1913 
 
/^^ / 35 
 
THE NEW YORK STATE PROBATION 
 COMMISSION. 
 
 COMMISSIOifERS. . 
 
 Homer Tolks New York. 
 
 Feab'k E. Wade Buffalo. 
 
 Edward C. Blum Broohlyn. 
 
 Edmond J. BuTLEE New York. 
 
 Alphonso T. Clearwater Kingston. 
 
 John H. Finlbt. Albany. 
 
 ISTicHOLAs M. Peters Syracuse. 
 
 Homer Folks President. 
 
 Frank E. Wade Vice-President. 
 
 Charles L. Chute Secretary. 
 
 John D. Ltnn, 2nd Assistant Secretary. 
 
 Clement A. Munger Clerk and Hearing Stenographer. 
 
 Lina J. Kline Stenographer. 
 
 OFFICE, THE CAPITOL, ALBANY, N. Y. 
 
 [1] 
 
Cornell University 
 Library 
 
 The original of this bool< is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924022784635 
 
TABLE OF CONTENTS. 
 
 Page 
 
 Introduction 7 
 
 Definitions 10 
 
 PART I. PROBATION LAWS. 
 
 Chapter 1. Citations of Probation Laws 17 
 
 Division A. Citation of laws, arranged by general and local laws 19 
 
 B. Citation of laws, arranged by years of enactment 21 
 
 PART II. ANALYSIS AND EXPLANATION OF PROBATION 
 
 LAWS. 
 
 Chapter 2. Appointment and Compensation of Probation Officers. 23 
 
 Section 1. Appointment by magistrates 25 
 
 2. Persons eligible and suitable for appointment 25 
 
 3. Civil service provisions and examinations 26 
 
 4. Appointment in writing 27 
 
 5. Oath of office 27 
 
 6. Tenure of office; removal 28 
 
 7. Salaried probation officers 28 
 
 8. Detailed probation officers 28 
 
 9. Volunteer probation officers 29 
 
 10. Expenses of probation officers 29 
 
 11. Jurisdiction of probation officers 29 
 
 12. County probation officers 29 
 
 13. Chief probation officers 31 
 
 14. Women probation officers 31 
 
 15. Bonds for probation officers 31 
 
 Chapters. Court Procedure and Practice Concerning Probation . . 33 
 
 Section 20. Preliminary investigations by probation officers 35 
 
 21. Persons eligible and suitable for probationary treatment 36 
 
 22. Suspension of imposition of sentence; suspension of execution of 
 
 sentence 37 
 
 23. Placing defendants on probation 39 
 
 24. Aid and supervision by probation officer 41 
 
 25. Probationary period 41 
 
 26. Probationary conditions 42 
 
 27. Modification of probationary period and conditions 43 
 
 28. Payment of fines by probationers 44 
 
 29. Restitution by probationers 45 
 
 30. Reparation by probationers 45 
 
 [3] 
 
Table of Contents. 
 
 Page 
 
 Section 31. Support of wife and children by pEobationers 46 
 
 32. Probation in cases of adult contributory delinquency 46 
 
 33. Violations of, or non-compliance with, probationary conditions. ... 47 
 
 34. Extension of probationary period in cases of absconders 48 
 
 35. Re-arrest of probationers; bench warrant; return and surrender to 
 
 court 4^ 
 
 36. Extradition of absconders 48 
 
 37. Revocation of probation; commitment 49 
 
 38. Discharge of probationers 50 
 
 39. Transfer of probationers to another probation officer in same court. 50 
 
 40. Transfer of probationers to probation officer in another county ... 50 
 
 41. Transfer of probationers from Supreme court to county court of 
 
 same county 51 
 
 42. Appeals by probationers 52 
 
 43. " Informal" and 'unofficial" probation 53 
 
 44. Release by county court of disorderly- persons from institution on 
 
 parole under probation officer 53 
 
 Chapter 4. Duties, Powers and Methods of Probation Officers ... 55 
 
 Section 50. Oath of office 57 
 
 51. Jurisdiction 57 
 
 52. Statutory duties 58 
 
 53. Preliminary investigations 59 
 
 54. Statement of, and instructions concerning probationary period and 
 
 conditions 60 
 
 55. Information concerning conduct and condition of probationers ... 60 
 
 56. Improvement of conduct and condition of probationers 61 
 
 57. Monthly reports to court or magistrate 62 
 
 58. Records of work 62 
 
 59. Financial accounts; receipts 63 
 
 60. Other duties in connection with probationers 63 
 
 61. Reports to State Probation Conmiission 63 
 
 62. Oversight by probation officers of persons paroled from institutions. 63 
 
 63. Other duties and obligations of probation officers 64 
 
 64 Power of visiting, pmbationers. 65 
 
 65. Power of requiring reports 65 
 
 66. Power of arresting probationers 65 
 
 67. Powers in cases of adult contributory delinquency 66 
 
 Chapter 5. Becords, Eeports, Forms, Accounts and Statistics .... 67 
 
 Section 80. Court records 69 
 
 81. Probation officers' records and reports 70 
 
 82. Forms supplied by Commission 70 
 
 83. Directions concerning use of forms by probation officers 71 
 
 84. Indexing and filing systems 106 
 
 85. Directions for ordering forms from Commission 108 
 
 86. Accounts of collections from probationers 109 
 
 87. Accounts of probation officers' expenses 112 
 
Table of Contents. 5 
 
 Page 
 Section 88. Accounts of relief 113 
 
 89. Reports to Commission of appointments, resignations and removals 
 
 of probation officers 113 
 
 90. Probation officers' monthly statistical reports to Commission; 
 
 directions concerning their use 113 
 
 91. Other reports by probation officers to Commission 116 
 
 92. Probation statistics 116 
 
 Chapter 6. State Probation Commission 117 
 
 Section 100. Development of probation in New York State 1 19 
 
 101. History of state investigation and supervision 121 
 
 102. State Probation Commission law 121 
 
 103. Organization and employees of Commission 121 
 
 104. Duties and powers of Commission 121 
 
 105. Methods of work 122 
 
 Chapter 7. Miscellaneous 125 
 
 Section 110. Conferences of probation officers 127 
 
 111. Conferences of magistrates 127 
 
 112. Literature on probation 128 
 
 113. Probation officers' office quarters and equipment 128 
 
 114. Newspaper publicity 129 
 
 115. Supervision of neglected children 129 
 
 116. Cooperation among probation officers 130 
 
 117. Changes of addresses of probation officers 130 
 
 118. Resolutions adopted by the International Prison Congress 130 
 
 PAET III. APPENDICES. 
 
 Appendix A. Text of probation laws of New York State 133 
 
 B. Statistical tables showing growth in use of probation in New York 
 
 State 187 
 
 C. The system of crimipal and children's courts in New York State . . 209 
 
 D. Illustrative case history 217 
 
 E. Probation rules of Buffalo city court and Buffalo children's court 227 
 
 F. Literature published by State Probation Commission 241 
 
 G. Sample set of questions used in written examination for probation 
 
 officer 247 
 
 Index 253 
 
 Memoranda 258 
 
 Calendar 260 
 
INTRODUCTION. 
 
 This manual is intended for ready reference by probation offi- 
 cers, and for the information of other persons, including those 
 desiring to become probation officers. It has been prepared be- 
 cause of the large number of inquiries received from various 
 sources by the State Probation Commission concerning the use of 
 probation, the appointment, duties, powers and methods of pro- 
 bation officers, and various other aspects of probation work. 
 
 Probation officers are public officers, upon whom devolve im- 
 portant responsibilities. They should understand and observe 
 all the provisions of law relating to their work. Although the 
 probation laws are for the most part simple, it has seemed wise in 
 preparing this manual to explain and discuss many of the pro- 
 visions in detail. Wherever the probation laws or related laws 
 have been construed by the higher courts or by the Attorney-Gen- 
 eral, their opinions have been quoted or followed; otherwise, all 
 explanations and comments are based on the Commission's own 
 understanding of the laws. 
 
 It is not enough, however, for probation officers to understand 
 and obey the letter of the law. Probation cal.'s in a marked 
 degree for human sympathy, a tactful manner of approaching and 
 striving to influence persons on probation, and practical skill in 
 dealing with all kinds of social conditions. Probation is fast be- 
 coming a profession with a growing fund of technical knowledge 
 which must be drawn upon by probation workers if they expect to 
 succeed. Much of the space in this manual is therefore devoted 
 to a discussion of methods as distinguished from the strictly legal 
 aspects of the subject. We recognize that no set rules can be fol- 
 lowed in every probation case; each delinquent under investiga- 
 tion or on probation has his individual characteristics and circum- 
 stances that make it necessary for the probation officer to use wide 
 discretion in adapting his me'thods to the particular needs. It 
 is hoped, however, that the recommendations and suggestions in 
 this manual, although not adapted to every case, will at least stim- 
 ulate probation officers to do their work thoughtfully. 
 
 [7] 
 
HOW TO USE THE MANUAL. 
 
 The manual is divided into three parts, as follows : 
 
 Part I (constituting chapter 1) gives citations of all pro- 
 bation laws in the State. 
 Part II (constituting chapters 2-7) analyzes, explains and 
 
 comments upon the probation laws. 
 Chapter 2 deals with the appointment of pitvbation officers. 
 Chapter 3 deals with court procedure and practice. 
 Chapter 4 enumerates the duties, powers ,ind methods of 
 
 probation officers. 
 Chapter 5 deals with forms^ reports, records, statistics and 
 
 accounts. 
 Chapter 6 deals with the State Probation Commission. 
 Chapter 7 contains discussions on miscellaneous subjects. 
 Most of the sections in Part II are printed in four styles of 
 type. A bold-faced type is used for the title of the sections; 
 ordinary type in giving the provisions of the law or laws referred 
 to by the title; a smaller sized ordinary type for further explanations 
 of the law, the substance of judicial opinions, and other com- 
 m.ents; and italics for the citations of law and judicial opinions, 
 and for references to other portions of the manual and to other 
 literature. 
 
 To find the section dealing with any particular subject, consult 
 either the general table of contents or the index, or, if 
 more convenient, the table of contents at the head of the appro- 
 priate chapter. The cross references in italics also act as aids. 
 
 Following the plan of the Consolidated Laws, the section num- 
 bers are assigned to the chapters, serially, in blocks of ten or a 
 multiple of ten. The numbers which are unused are reserved for 
 possible use in numbering new sections in future editions of the 
 manual, without disarranging the order of the present sections. 
 
 (91 
 
10 Manual foe Peobation Officers. 
 
 Part III is composed of seven appendices. 
 
 Appendix A gives the text of all probation laws of New York 
 
 State. 
 Appendix B contains statistical tables showing the growth 
 
 in the use of probation in New York State. 
 
 Appendix C is a brief survey of the sys.tem of criminal and 
 
 children's courts in ISTew York State with special attention 
 
 directed to the methods being followed in New York City. 
 
 Appendix D gives an illustrative history of one probation 
 
 case. 
 Appendix E contains the rules adopted for the probation ser- 
 vice of the Buffalo city court and of the Buffalo children's 
 court. 
 Appendix F gives a complete list of the literature published 
 
 by the State Probation Commission. 
 Appendix G contains a sample set of questions used in written 
 examinations for probation oiBcer. 
 AH of the material in this manual has been brought down to 
 October 1, 1913. 
 
 DEFINITIONS. 
 The reader should understand the following terms: 
 Absconder — A probationer who departs or disappears from the oversight of 
 a probation officer or from the jurisdiction of the court, without per- 
 mission. 
 Adjudge — ^The action of a court or magistrate formally deciding or judi- 
 cially determining the case of a defendant. The word may signify either 
 the acquittal or the conviction of a defendant, or may signify the action 
 of the court in cases where the law does not permit a formal conviction, 
 as when a court declares a defendant to be a vagrant or disorderly per- 
 son, or when a children's court decides that a delinquent or neglected 
 child is in need of the care or protection of the State. 
 AdOT-t — ■ The term " adult " as used in this manual, applies to a pei son six- 
 teen years old or older at the time of being arraigned or placed on 
 probation. 
 Adult Pbobation — The use of probation in the cases of persons who are 
 
 sixteen years or older at the time of being placed on probation. 
 Aeeaignment — The initial appearance of a defendant before a court or 
 magistrate for the purpose of answering to a charge and pleading guilty 
 or not guilty. The term " arraignment " is also used to signify any sub- 
 sequent appearance of a defendant before the court, as, for instance, 
 his appearance on the day he is to be sentenced. 
 Bail — A person who gives surety for the appearance in court, at a specified 
 time, of a, defendant who has been released from custody pending the 
 completion of his trial. Also the money or property offered as the 
 guarantee for such appearance. 
 
Manual foe Peobation Officees. 11 
 
 Bond — (1) Same as second meaning given above of the word bail. (2) The 
 money or property offered as the guarantee for the proper conduct of a 
 defendant released by a court upon condition that he will keep the peace 
 or will support his family. 
 
 Child — The term " child " is used to designate a boy or girl who at the time 
 of being brought before the court or placed on probation has not reached 
 his or her sixteenth birthday. 
 
 Commitment — The sending of a defendant or a probationer to a place of 
 detention, either while awaiting the completion of the trial or for pen- 
 alty or reformatory treatment. In the latter sense of the woi d " com- 
 mitment " is synonymous with the word " sentence." The word " commit- 
 ment " is also used to signify the warrant or order directing an oflScer 
 to take a person to a place of detention and authorizing the officials in 
 charge of such place of detention to receive such person. 
 
 Common Law — The unwritten law and system of jurisprudence which was 
 built up through custom or usage in England and which was handed 
 down to the American Colonies and which is still recognized as having 
 the force of law. Common law is distinguished from statutory law. 
 
 CoNSTiTimoNAL EIGHTS — Every person charged with a crime has certain 
 privileges guaranteed by the Constitution of the United States and the 
 Constitution of the State of New York: namely, the right to a speedy 
 and public trial; the right to be confronted by and to examine witnesses 
 against him; the right to produce witnesses in his own behalf; the 
 right to cancel and the right to be saved from being placed in jeopardy 
 twice by the same offense. 
 
 CouBT — As used in this manual this term refers to criminal and children's 
 courts, all of which are courts having original criminal jurisdiction. 
 (For definition of "original criminal jurisdiction" see Appedix C.) 
 
 CoTJKT OF Recoed — A court whose acts and proceedings are recorded. The 
 term " court of record " commonly includes the Supreme court, county 
 courts, the Court of General Sessions of New York county, and the city 
 courts of certain/ cities. Other courts are known as inferior courts of 
 record. 
 
 Cbiminal Code — This is an abbreviation for the " Code of Criminal Proce- 
 dure." The Code of Criminal Procedure is a body of laws enacted by 
 the Legislature to describe the rule of procedure in apprehending, trying, 
 sentencing or otherwise disposing of persons accused of offenses. 
 
 Defendant — The term " defendant '' means a person charged with a crime or 
 offense. 
 
 DiscHABGE — The act or order by which a person in confinement is set at 
 liberty. The act or order by which a person on trial is acquitted. The 
 act or order by which probation is cancelled and the probationer is set 
 at liberty. 
 
 Dismissal — The act of a court or magistrate in declining to submit to a 
 jury or in declining to hear a case for lack of suitable evidence that the 
 offense alleged has been committed or that the person complained of was 
 the person who committed the offense. 
 
12 Manual fob Probation Officees. 
 
 Docket — The formal record, entered in brief style, of the proceedings of 
 law cases in a court. The docket record of each case iisually includes 
 the name and address and plea of the defendant, the names of witnesses, 
 the verdict of the court in case the defendant pleads not guilty, and the 
 disposition of the case, that is, of his commitment to an institution, 
 probation, etc. 
 
 Examination — The hearing held by a court when a defendant is first 
 arraigned; its purpose is to acquaint the defendant with the charge 
 against him and his rigbts and privileges in refuting a charge and to 
 ascertain whether he pleads guilty or not guilty. Also an inquiry into 
 the evidence presented by witnesses. 
 
 Felony — A crime punishable by death or imprisonment in a State prison. 
 
 Infebiob. Cotjbt — - A couxt which does not prosecute cases by indictment. 
 Same as lower court. 
 
 Higher Cotjbt — A court which prosecutes cases by indictment ; or a court 
 to which a case is appealed. 
 
 Indictment — • A formal accusation agreed upon by a grand jury and pre- 
 sented in writing to a court, charging that the person named in the 
 indictment appears to be guilty of one or more crimes and should be 
 tried. An indictment incltides as many " counts " as there are separate 
 crimes charged. 
 
 JUDTelAi, IteciaioN — The Judgment or decree of a higher court as to the 
 proper interpretation of a law or the proper disposition of a case. Com- 
 monly the judgmenit of the Supreme court or the Court of Appeals in a 
 case which has been brought before it on appeal. 
 
 Juvenile — Applying to a child. 
 
 Juvenile Delinquency — The terim used to indicate the offense cri a child, 
 other than murder, which, if committed by an adult, would be called a 
 crime. The term " juvenile delinquency " is not applied to such charges 
 as truancy, vagrancy and of being an ungovernable or disorderly child, 
 because these are not offenses which are committed! by adults, or if com- 
 mitted by adults, they are not crimes but only quasi-criminal. 
 
 Juvenile Probation — ■ Probation where the persons placed on probation are 
 under sixteen years of age at the time of being placed on probation. 
 
 Jurisdiction — ( 1 ) The lawful authority of a court. ( 2 ) The territory 
 within which a court or a magistrate thereof may exercise its or his 
 authority. 
 
 Magistrate — The term, magistrate, as used in this mamial, signifEes any 
 person who presides over a court which may place offenders on probation. 
 It includes justices of the Supreme court, county judges, city judges, 
 city recorders, police justices, or the justices of the peace. 
 
 Minutes — The memoranda of all that happens in a court. The minutes in 
 a lower court may consist of simply the entries in the docket. The min- 
 utes in a higlier court are more com.plete and include a stenographer's 
 report of the proceedings. 
 
 Misdemeanor — ■ A crime which is less than a felony. 
 
 Ordinance — A rule and penalty established by a board of aldermen of a 
 city or the trustees of a village, to forbid certain acts or omissions 
 within the city or village limits. Violations of ordinances are usually 
 misdemeanors. 
 
Manual foe Peobation Officees. 13 
 
 Paeole — Parole is the conditiomal relea/se, usually by a board of parole, or a 
 board of managers, of an intmate from a penal or reformatory institution 
 before the expiration of the full term for which such person was origi- 
 nally committed to the institution. The term "' probation " should not 
 be confused with the) term. " parole." Probation differs from parole in 
 that those placed on .probation are conditionally released without being 
 committed to am institution. 
 Pabom: Board — ( 1 ) A body composed of the State &aperintendent of Prisons 
 aaid two other members which paroles the inmates of State prisons. 
 (2) A body which paroles the in-mates of the New York City iieforma- 
 tory. 
 Peace Officer — A person airthorized by law to serve a warrant for the 
 
 arrest of a person. 
 Penal Law — The Penal Law is a body of laws enacted by the Legislature 
 
 to define crimes and to prescribe penalties for their pnmishment. 
 Pkelxminaey Investigation — -The inquiry by » probation officer into the 
 history, character and circumstances of a defendant, or into the B^ra- 
 vating or mitigating cireumsta-nces of an offemse. Such investigations do 
 not relate to the question of the innocence or guilt of defendants, but are 
 for the purpose of enabling the court to judge whether the defendants 
 iuTestigated 'are fit subjects for probartion. 
 Peobation — Probation is a system of disciplining and improving eouTicted 
 adult offenders or delinquent children, under the supervision of » duly 
 authorized probation officer, without commitment to an institution. In 
 applying the system, the court finding the adult or child guilty or in 
 need of treatment, issues an order conditionally releasing him (prefer- 
 ably for a period of at least a year) under the friendly, lieilpfnl and 
 authoritative oversight of a probation officer. The person so released is 
 required to observe certain regulations as to his conduct, and if he fails 
 to do so he may be returned to court for other treatment. The probation 
 officer interviews frequently those under his care, and makes various 
 inquiries as to their conduct and manner of life. He befriends, advises, 
 admonishes and assists them in practical "ways according to -their needs. 
 From time to time he also reports to the court eonoeming their progress. 
 The system is applied most successfully ix> the young and to adults not 
 hardened in vice or crime. 
 Probation Offices — A probation ofiicer is an officer appointed by a magis- 
 trate or magistrates of a court of original criminal jurisdiction, unless 
 otherwise provided by law, who receives under his supervision persons 
 placed on probation from such court. It is his duty to make an investi- 
 gation before they are placed on probation concerning their antecedents, 
 character and circumstajices, and after they are placed on probation to 
 receive regular reports, visit them, keep informed as to their conduct 
 and in a friendly way aid them so far as possible to improve their 
 habits and circumstances. 
 Probation art Period — -This term means the time determined by the court 
 
 during which a probationer is to remain on probation. 
 Probationer — The term, probationer, is used to designate a defendant who 
 has been placed on probation. 
 
14 Manual fob Peobation Officees. 
 
 Quasi-Ceiminal Offense — An offense which is similar in nature to a crime 
 and mayi be subject to the same treatment, but which is not called a 
 crime. Vagrancy, disorderly conduct, public intoxication, truancy, and 
 being a, disorderly or ungovernalble child are among the quasi-criminal 
 offenses. 
 
 Records — ( 1 ) Court records are the official papers and entries in a case, 
 and include an information or complaint, the indictment if there be 
 one, the docket entries or minutes, the conviction, and the commitment. 
 (2) Probation records are the official entries and reports, and all the 
 material correspondence and other papers, relating to a probation case. 
 
 Remand — To re-commit a defendant to a place of detention awaiting his 
 next appearance before the court, either for trial or for sentence. 
 
 Reparation — The repairing or redressing of the damages or injury caused 
 by an offense. 
 
 Respite — ■ A temporary stay in the execution of a sentence. Usually refers 
 to the staying of a sentence to imprisonment or to capital punishment. 
 
 Restitution — The returning of something to the owner from whom it has 
 been stolen or otherwise illegally taken; also the repaying the owner 
 the value of something illegally taken from him. 
 
 REyocATioN OF PROBATION — The action of a court or magistrate in canceling 
 or terminating a probationary period in order either to discharge or to 
 sentence the probationer — more generally to sentence the probationer. 
 
 Sentence — ■ A penalty imposed by a, court including either a fine or com- 
 mitment to an institution. 
 
 Stat — An action by a court or magistrate in temporarily postponing the 
 execution of sentence, usually for the purpose of granting the defendant 
 the privilege of appealing the case or requesting a new trial. 
 
 Summary Jurisdiction — The authority of a court or magistrate to try 
 and sentence defendants charged with minor offenses without indictment 
 and usually without jury. 
 
 Summons ^- A notice or order issued by a court or magistrate requiring a 
 person to appear before such court or magistrate for the purpose of 
 being arraigned on the charge of having committed a minor offense or 
 for the purpose of affording the court or magistrate an opportunity to 
 inquire as to whether there is reason to believe that an offense has been 
 committed or, in the case of a, child, that such child is in need of the 
 care of the court. 
 
 Supervision — ( 1 ) Tlie authoritative but friendly and helpful oversight 
 which a probation officer exercises over a. person on probation. (2) Such 
 oversight of a neglected child who is in need not so much of reformation 
 as of protection and guidance. (3) Oversight of a person released on 
 parole from an institution. 
 
 Subpoena — An order issued by a court or magistrate requiring a person 
 to appear in court at a specified time to testify as a witness. A person 
 who fails to obey a, subpoena may be punished for contempt. 
 
 SuBRENDBB — ( 1 ) The act of a probation officer in returning to the court a 
 probationer, who has violated the conditions of his probation. (2) The 
 act of a probationer who has absconded, in giving himself up to the 
 probation officer or some other peace officer or to the court, in order 
 to receive such punishment as may be forthcoming. (3) The act of 
 
Manual foe Peobation Officees. 15 
 
 a person who has furnished bail or a bond in giving up to the court 
 the person who was released under bail or under bonds. 
 
 Transfek — (1) The placing of a probationer under another probation 
 officer, either in the same or in a different court. (2) Changing the 
 jurisdiction and full control over a probationer from the Supreme court 
 to the county court of the same county. 
 
 Teansfebked Probationary Jurisdiction — Jurisdiction Which a county 
 court has over a probationer originally convicted and placed on probation 
 'by the Supreme! court of the same county, by virtue of the fact that 
 such Supreme court has formally relinquished its further jurisdiction 
 over such probationer and has vested it full and absolutely in such 
 county court. 
 
 Transferred Probationary SuPERVisioisr — The oversight exercised by a 
 probation officer over a probationer transferred to such officer by a court 
 which is outside of the regular jurisdiction of the officer and which 
 retains jurisdiction over such probationer. 
 
 Violation — A breach, transgression or failure in observance by a pro- 
 bationer of one or more probationary conditions. 
 
 Ward — A child who has been placed under the guardianship of a civil court. 
 
 Witness — A person who gives evidence in court under oath. 
 
 Writ of Certiorari — An order from a higher to a lower court directing 
 that the lower court transmit a certified record of its proceedings in 
 a certain case to the higher court. 
 
 Writ op Habeas Corpus — An order issued by a Supreme court justice 
 commanding a person who holds another person under detention, to 
 produce such other person before such court at a specified time and 
 place, in order that such court or justice may inquire whether such 
 person ought not to be released from further detention. 
 
 Writ op Mandamus — An order issued by a Supreme court justice command- 
 ing one or more persons to appear before the Supreme court at a 
 specified tim'e to show cause why such person or persons should not do 
 some particular thing which appertains to their office or duty, and ^vhich 
 is specified in such writ. 
 
PART I. 
 PROBATION LAWS. 
 
 CHAPTER 1. 
 Citations of Probation Laws. 
 
 PAGE 
 
 Division A. Citation of laws, arranged by general and local laws 19 
 
 B. Citation of laws, arranged by years of enactment 21 
 
 [17] 
 
CHAPTER I. 
 Division A. Citation of laws, Arranged by General and Local Laws. 
 Following is a list, first, of tlie sections of tlie general laws of 
 the State (to wit, the Code of Criminal Procedure, the Penal Law, 
 the State Boards and Commissions Law, and the General Munic- 
 ipal Law), and second, of the local laws, relating to probation. 
 All the laws cited are now in effect.* 
 
 1. GENERAL LAWS. 
 
 Code of Criminal Procedure, § 11-a. page 
 
 Relates to the appointment, compensation, duties and powers of probation 
 officers; methods of procedure; and transferring probationers from one 
 probation officer to another in the same court, and from probation officers 
 
 in other counties 135 
 
 Code of Criminal Procedure, § 48S. 
 
 Relates to placing persons on probation in courts which prosecute cases by 
 indictment; requiring such probationers to pay fines or to make restitution 
 or reparation; and transferring probationers from the Supreme court to the 
 
 county court of the same county 139 
 
 Code of Criminal Procedure, § 4^7. 
 
 Relates to the duties of courts which prosecute cases by indictment to place 
 
 probationers under the care of a probation officer 141 
 
 Code of Criminal Procedure, § 718. 
 
 Relates to requiring probationers in inferior courts to pay a ffiie or restitution, 
 
 or to make reparation 142 
 
 Code of Criminal Procedure, § 903. 
 
 Relates to requiring probationers, convicted of being disorderly persons, to 
 
 support their wives and children 142 
 
 Code of Criminal Procedure, § 910. 
 
 Relates to power of county courts to parole disorderly persons from jails, peni- 
 tentiaries and other institutions under a probation officer 143 
 
 Penal Law,^ § 486, subdiv. 9. 
 
 Relates to placing children, convicted of being neglected, disorderly, ungov- 
 ernable or without proper guardianship, on probation in courts outside of 
 
 cities of the first class 143 
 
 Penal Law, § 494- 
 
 Relates to placing under the oversight of a probation officer adults who have 
 contributed to the delinquency of a child 144 
 
 Penal Law, § 1221. 
 
 Relates to probation in cases of public intoxication 147 
 
 * For full text of all laws cited above, see Manual App. A. 
 t The Penal Law constitutes chapter 40 of the Consolidated Laws. 
 
 [19] 
 
20 Manual fok Probation Officees. 
 
 Penal Law, § 2188. page 
 Relates to placing persons on probation 149 
 
 State Boards and Commissions Law.,* fi^ SO and SI. 
 
 Relates to the organization, powers and duties of the State Probation Com- 
 mission 150 
 
 General Municipal Law, 1: §§ 136-139-1). 
 
 Relates "to boards of inebriety in cities of the first and second class; probation 
 in cases of public intoxication; probation officers acting as parole officers. . 152 
 
 2. LOCAL LAWS. 
 
 An Act to Establish the City Court of Buffalo. 
 
 Relates to the appointment of probation officers and the use of probation in 
 
 the City Court of Buffalo 152 
 
 (Note — The provisions of this law relating to the probation of children 
 were superseded on January 1, 1912, by the provisions of chapter SSI of the 
 Laws of 1911, amending the city charter. See next citation.) 
 The Charter of the City of Buffalo, §§ 52J, 525-529. 
 
 Relates to the establishment of a separate children's courts the appointment 
 
 of probation officers, and the use of probation 155 
 
 An Act Conferring Jurisdiction upon the Couniy Court of Monroe County to Adjudi- 
 cate upon All Cases of Children in Monroe County. 
 Relates to the appointment of probation officers and the use of probation in 
 
 the County Court, Children's Part, of Monroe coimty 15/ 
 
 The Inferior Criminal Courts Act of the City of New York, §§ 96-100. 
 
 Relates to the appointment of probation officers and the use of probation in 
 the Court of Special Sessions (including the Children's Courts) and the 
 
 Boards of City Magistrates of New York City 166 
 
 The Greater Nsw York Charter, §§ 69S, 707. 
 
 Relates to probation in cases of public intoxication 169 
 
 An Act Conferring Jurisdiction upon the County Court of Ontario Couniy to Adjudi- 
 cate upon AM Cases of Chudven in Ontario County. 
 Relates to the appointment of probation officers and the use of probation in 
 
 the County Court, Children's Part, of Ontario county 172 
 
 The Charier of the City of Rochester, §,§ S18, 476, i80. 
 
 Relates to the appointment of probation officers and the use of probation in 
 
 the Police Court of Rochester 18i 
 
 An Act to Establish a Court of Special Sessions in the City of Syracuse. 
 
 Relates to the appointment of probation officers and the use of probation in 
 the Court of Special Sessions (including the Children's Court) of 
 
 Syracuse 182 
 
 An Act to Supplement the General Laws Relating to the City of Yonkers. 
 
 Relates to the appointment of probation officers and the use of probation in 
 the City Court of Yonkers 184 
 
 * The State Boards and Commissions Law constitutes chapter 54 of the Con- 
 solidated Laws. 
 
 t The General Municipal Law constitutes chapter 24 of the Consolidated Laws. 
 
Manttal foe Peobation Officees. 
 
 21 
 
 DivisioH B. Citation of Laws, Arranged by the Tears of Enactment. 
 
 Following is a list of the session laws passed in different years, 
 enacting, amending or repealing the general and local laws of the 
 State with respect to probation. 
 
 1901. Ch. 372. April 17. 
 
 1901. 
 
 Ch. 
 
 466. 
 
 April 
 
 22. 
 
 1901. 
 
 Ch. 
 
 627. 
 
 May 
 
 1. 
 
 1902. 
 
 Cli. 
 
 3821. 
 
 April 
 
 7. 
 
 1902. 
 1W2. 
 
 Ch. 
 Ch. 
 
 549. 
 590'. 
 
 April 
 April 
 
 11. 
 M. 
 
 1903. 
 
 Ch. 
 
 159. 
 
 April 
 
 14. 
 
 1903. 
 1903. 
 1903. 
 
 Ch. 
 Ch. 
 Ch. 
 
 274. 
 331. 
 357. 
 
 April 
 
 May 
 
 May 
 
 24. 
 6. 
 6. 
 
 1903. 
 
 Ch. 
 
 613. 
 
 May 
 
 15. 
 
 1904. 
 
 Ch. 
 
 5681. 
 
 April 
 
 29. 
 
 1905. 
 1905'. 
 
 Ch. 
 Ch. 
 
 543. 
 638. 
 
 May 
 May 
 
 18. 
 26. 
 
 1905. 
 
 Ch. 
 
 655. 
 
 May 
 
 29. 
 
 1905. 
 
 Ch. 
 
 656. 
 
 May 
 
 29. 
 
 1905. 
 1906. 
 1907. 
 1907. 
 
 Ch. 
 Ch. 
 Ch. 
 Ch. 
 
 714. 
 317. 
 430. 
 
 755. 
 
 June 
 April 
 June 
 July 
 
 3. 
 
 24. 
 
 6. 
 
 26. 
 
 1908. 
 1908. 
 190S. 
 1909. 
 
 Ch. 
 Ch. 
 Ch. 
 Ch. 
 
 . 50 
 
 99. 
 
 452. 
 
 56. 
 
 . March 23. 
 April 24. 
 May 2,1. 
 Feb. 12. 
 
 1909. Ch. 88. March 12. 
 
 1909. 
 19<>9. 
 1909. 
 1909. 
 1910. 
 1910. 
 
 Ch. 217. April 20. 
 
 Ch. 482. May 26. 
 
 Ch. 566. May 28. 
 
 Ch. 570. May 0,9. 
 
 Ch. 346. May 21. 
 
 Ch. 561. June 20. 
 
 1910. Ch. 609. June 23. 
 
 Appointment of probation ofllcers : adding S Ha of 
 Criminal Code of Procedure and amdg. §§ 483, 4<8'7, 
 941-943, 946. 
 
 § 1399. Separate hearing of children's cases in New 
 York city magistrates' courts of Manhattan and Bronx. 
 
 Buffalo — Probation ofDcers : amdg. 1891, ch. lOS, by 
 adding §§ 384B, a84C. 
 
 New York City, First Division, Court of Special Ses- 
 sions, female probation officer ; salary. 
 
 Buffalo — Probation officers: amdg. 1901, ch. 627. 
 
 New York City — Children's court : amdg. 1901, ch. 
 466, § 1418, and adding § 1419. 
 
 Brooklyn — Children's court : amdg. 1901, ch. 466, 
 §§ 1418-1419. 
 
 Probation officers ; amdg. Criminal Code, § 483. 
 
 Children's courts : amdg. Penal Code, § 291. 
 
 ■New York city magistrates' courts ; probation officer ; 
 salary. 
 
 Probation officers ; amdg. Criminal Code, §§ 11a, 4f83, 
 487. 
 
 New York city — .Salaries of women probation officers : 
 amdg. Criminal Code, § 11a. 
 
 Rochester — Children's court : amdg. 1880, ch. 14, § 265. 
 
 Probation in New York City magistrates' courts : amdg. 
 1901 ch. 466, § 707. 
 
 Suspension of sentence ; adult delinquency : amdg. Penal 
 Code, §§12, 289, 291. 
 
 Suspension of Sentence ; probation ; probation officers ; 
 release of child on recognizance pending trial : amdg. 
 Criminal Code, §§ Ha, 483, 564. 
 
 Probation commission to investigate system. 
 
 Rochester juvenile court : amdg. 1905, ch. 543, § 265. 
 
 State probation commission. 
 
 Rochester — Probation officers; children's court: amdg. 
 1906, ch. 317. 
 
 Buffalo — Probation officers: amdg. 1902, ch. 54i9. 
 
 Probation officers : amdg. Criminal Code, § 11a. 
 
 Yonkers — Probation. 
 
 State probation commission : repealing 1907, ch. 430. 
 Now contained in Consolidated Laws, ch. 54, §§ 30, 31. 
 5 483. Contributory delinquency : repealing 1905, ch. 
 655. and Penal Code, § 28.9. subdiv. 3. Now con- 
 tained in Consolidated Laws, ch., 40, Penal Law, § 483. 
 ; 486, subdiv. 9. Probation of children : repealing 1905, 
 ch. ©55, and Penal Code, § 291, subdiv. 9. Now con- 
 tained in Penal Law, § 486. 
 § 2188. Juvenile and adult probation : repealing 1905, 
 ch. '6S5, and Penal Code, § 12. Now Penal Law, 
 § 2188. 
 
 Juvenile and adult probation, and. the payment of fines 
 by probationers : amdg. Criminal Code, § 483. 
 
 Appointment and duties of probation officers : amdg. 
 Criminal Code, § Ha. 
 
 New York city — Children's courts: amdg. 1903, ch. 
 159 
 
 §§ 86-106. Buffalo — Children's court and probation: 
 repealing 1908, ch. CO. 
 
 Probation ; fine ; restitution ; reparation : amdg. Crim- 
 inal Code, § 483. 
 
 New York City board of inebriety ; probation : adding to 
 the Greater New York charter § 693, and amending 
 § 707 thereof. 
 
 Probation ; fine ; disorderly' persons ; parole : amdg. 
 PSnal Law, |§ 718, 903, 910. 
 
22 
 
 Manual foe Peobation Officees. 
 
 1910. 
 
 Ch. 
 
 610. 
 
 June 
 
 23. 
 
 1910. 
 
 Ch. 
 
 611. 
 
 June 
 
 23. 
 
 1910. 
 1910. 
 
 Ch. 
 Ch. 
 
 613. 
 ■659. 
 
 June 
 June 
 
 23. 
 25. 
 
 1910. 
 
 Ch. 
 
 676. 
 
 June 
 
 25. 
 
 1910. 
 
 Ch. 
 
 699. 
 
 June 
 
 25. 
 
 1911. 
 
 Ch. 
 
 651. 
 
 July 
 
 14. 
 
 1911. 
 
 Ch. 
 
 700. 
 
 July 
 
 19. 
 
 1911. 
 
 Ch. 
 
 757. 
 
 July 
 
 24. 
 
 1912. 
 
 Ch. 
 
 419. 
 
 April 
 
 19. 
 
 1913. Ch. 270. April 11. 
 
 Probation officers ; appointment ; duties ; powers ; pro- 
 cedure ; transfers : amdg. Criminal Code, § 11a. 
 
 Monroe county children's court : chancery procedure ; 
 detention home ; probation. 
 
 State probation commission : amdg. 1909, ch. 56, § 30. 
 
 New York city inferior courts ; children's courts ; pro- 
 bation. 
 
 Syracuse court of| special sessions ; children's court ; 
 probation. 
 
 Adult contributory delinquency : repealing Penal Law, 
 § 483, subdiv. 3, and adding § 494. 
 
 Buffalo childretfs court and probation : repealing 1909, 
 ch. 570, §§ 86-92, 102, 103. 
 
 Probation ln| cases of public intoxication ; boards of 
 Inebriety in cities of the first and second class, out- 
 side of New York City ; probation officers acting as 
 parole officers : amdg. Penal Law, | 1221, and adding to 
 1909, ch. 29 (the General Municipal Law), §8 136-139b. 
 
 New York city inferior courts ; revocation of probation : 
 amdg. 1910, ch. 659, § 100. 
 
 Probation without conviction in cases of disorderly 
 persons in New York City ; amdg. the Greater New 
 York charter, § 686. 
 
 Ontario county children's court ; chancery procedure ; 
 probation ; probation officers. 
 
PART II. 
 
 ANALYSIS AND EXPLANATION OF 
 PROBATION LAWS. 
 
 CHAPTER 2. 
 Appointment and Compensation of Probation Officers. 
 
 PAGE 
 
 Section 1. Appointment by magistrates 25 
 
 2. Persons eligible and suitable for appointment 25 
 
 3. Civil service provisions and examinations 26 
 
 4. Appointment in writing 27 
 
 5. Oath of office 27 
 
 6. Tenure of office; removal 28 
 
 7. Salaried probation officers 28 
 
 8. Detailed probation officers 28 
 
 9. Volunteer probation officers 29 
 
 10. Expenses of probation officers 29 
 
 11. Jurisdiction of probation officers 29 
 
 12. County probation officers 29 
 
 13. Chief probation officers 31 
 
 14. "Women probation officers 31 
 
 15. Bonds for probation officers 31 
 
 |2S], 
 
CHAPTER 2. 
 
 Appointment and Compensation of Probation Officers. 
 
 Section 1. Appointment by Magistrates. The magistrate of any 
 court having original jurisdiction of criminal actions — i. e., any 
 Supa^eme court justice, judge of a court of general sessions, 
 county judge, police justice, city magistrate, city recorder, judge 
 of a city court, or justice of the peace — may, from time to time, 
 appoint one or more persons to perform the duties of probation 
 officer. The appointment of salaried probation officers in any 
 court having more than one magistrate, shall be by all the magis- 
 trates of such court jointly, o>r by a majority thereof. (Crimmal 
 ■Code, § ll-a, subdiv. 1.) 
 
 In the Court of Special Sessions of New York City the chief probation 
 officer is appointed by the chief justice, but all other probation officers in 
 this corort are appointed by majority vote of the justices. In each Board of 
 City Magistrates of New York City the diief probation officer for such board 
 is appointed by the chief city magistrate of such board, but all other pro- 
 bation officers are appointed by majority v^ote of the magistrates of such 
 hoard, (ifero York Inferior Courts Act, § 96.) 
 
 In the Police Court of Rochester the salaried probation officers are ap- 
 pointed by the commissioner of public safety. {City Charter, § 318.) 
 Volunteer probation officers in this court are appointed, as elsewhere, by the 
 jiudge of the court. {City Charter, § 480.) 
 
 When a board of inebriety is established in any city of the first or second 
 class, and is ready to receive commitments it may appoint probation officers 
 to serve under such board in cases of public intoxication. (Oeneral Munici- 
 pal Lam, § \S%, as ameixded by Lams of 1911, chapter 700.) 
 
 § 2. PKTSons Eligible and Suitable for Appointment, Any repu- 
 table citizein, male or female, may be appointed as a probation 
 ■offioea" (Criminal Code, § 11-a) ; except that in lyTew York City 
 no polieemam can be appointed as a probation officer in the Court 
 of Special Sessions^ the Children's Courts, or by the Boards of 
 City Magistriatffi. (Inferior Courts Ad, § 96.) 
 
 All probation officers appointed by elective magifitrates must be residents 
 of the State. A probation officer appointed by a county judge should be «, 
 resident of the county; one appointed by an elective magistrate of a court 
 of a city, town or village, must be a resident of such city, town or village. 
 (Public Officers Law^ § 3.) 
 
 [25] 
 
26 Manual fob Peobation Officees. 
 
 It is extremely important that only those should be appointed as probation 
 officers who are properly qualified for this difficult and responsible position. 
 It is by no means easy to secure persons who possess all the qualifications 
 desirable. Probation officers should be of unquestioned character, of sound 
 judgment of men and afl^airs, sincerely interested in helping others, and able 
 to influence persons by example and moral suasion. While humanitarian 
 sympathy is essential, decision, firmness and good judgment are equally 
 necessary. Those appointed should also be tactful, well-informed and re- 
 sourceful. 
 
 The first probation law of New York State did not provide for salaried 
 probation officers, but it made eligible certain persons whose services might 
 easily be secured because they were accessible to the courts; namely, clerks of 
 courts, employees in the district attorney's office, and members of the local 
 police force. A later amendment added the officers of societies for the preven- 
 tion of cruelty to children and of charitable or benevolent institutions, 
 societies and associations, and also the words, " any reputable private citi- 
 zens, male or female." It is now recognized that persons should not be 
 appointed simply because they are accessible to the court, but only when they 
 are personally fitted for probation work. Experience has also proven that 
 policemen, constables, deputy sherifi's and persons of a similar training and 
 point of view, are seldom able to secure the best results in probation work. 
 
 § 3. Civil Service Examinations. Under the civil service laws 
 and rules, whenever any salaried probation officer is to be ap- 
 pointed in any city, or county, or in any village which has classi- 
 fied civil service, the appointment must be from an eligible list 
 established by a competitive examination. This requirement does 
 not apply to volunteer officers. When such examinations are held 
 for city positions they are held by the local municipal civil ser- 
 vice commission. For positions in county or village courts they 
 are held by the State Civil Service Commission. 
 
 An appointment to be made from an eligible list must be from 
 among the first three persons on the list who are willing to accept 
 the appointment. If an eligible list contains less than three 
 candidates, the magistrate or magistrates intending to make the 
 appointment may request another examination. All appointments 
 from an eligible list are for a three months' probationary term. 
 Should an appointee prove incompetent or unsatisfactory, another 
 appointment may be made from the list. (Civil Service Laiv.) 
 
 The position of probation officer in the lower courts of New York city has 
 been properly classified as in the competitive class. [Simons v. McGuire, 
 204 N. Y. 253.) 
 
 The position of county probation officer in all counties outside of New York 
 city was placed in tlie classified service through the approval by Governor 
 Sulzcr of a resolution of the State Civil Service Commission on May 1, 1913. 
 
Manual fob Probation Oefioees. 27 
 
 Examinations for the position of probation officer have usually been con- 
 ducted in part orally, and credit has been allowed for experience and per- 
 sonal qualifications. Any civil service commission has authority to request 
 persons familiar with probation work, to assist in framing the official an- 
 nouncement, the schedule of subjects and weights, and the examination ques- 
 tions, and in rating the candidates on both the oral and written portions as 
 well as on experience. On several occasions representatives of the State Pro- 
 bation Commission have assisted in conducting such examinations. 
 
 For u, presentation of considerations in favor of civil service examinations 
 for the ■position of probation officer, see pages 173-183 of the fifth report of the 
 State Probation Commission. 
 
 For a sample set of questions used in examinations for probation officer, 
 see Manual, Appendix G. 
 
 § 4. Appointment in Writing. The appointment of each pro- 
 bation oificer must be in writing, and entered on the records of 
 the court of the magistrate or magistrates making the appoint- 
 ment, A copy of the order of appointment must be delivered to 
 the officer so appointed, and another copy must be filed with the 
 State Probation Commission. (Criminal Code, § 11-a, subdiv. 
 
 1-) 
 
 The State Probation Commission furnishes a form (Form No. 1) for use 
 in making appointments. 
 
 § 5. Oath of Office. Every probation officer who is appointed 
 by an elective magistrate or magistrates, is a public officer, and 
 must, therefore, take an oath of office before entering upon his 
 duties. The oath of office may be administered by the magistrate 
 making the appointment, a notary public, a commissioner of deeds, 
 or the officer in whose office the oath must be filed. The oath of 
 a probation officer appointed by a justice of the Supreme court 
 for one or more counties should be filed in the county clerk's 
 office of each county in which the officer serves in the Supreme 
 court; the oath of a probation officer appointed by an elective 
 judge of a city or incorporated village, in the office of the clerk 
 of such city or village; and the oath of a probation officer ap- 
 pointed by a county judge or by a justice of the peace of a town, 
 in the office of the county clerk. (Puhlic Officers Law, § 10.) 
 
 The state Probation Commission will, upon request, furnish blanks for 
 use in filing the oath of office. 
 
28 Manual foe PEOBATioiir Oiticbes. 
 
 § 6. Tenure of OfSce; Removals. Probation officers hold office 
 during tlie pleasure of the magistrate or magistrates appointing 
 them, or during the pleasure of the successors of such magistrates. 
 (Criminal Code, § ll-a^ subdiv. 1.) 
 
 Any magistrate or magistrates appointing a probation officer, or any suc- 
 cessor or successors of such magistrate or magistrates, may remove such 
 probation officer from office at any time. 
 
 In New York city either the chief justice, or the majority of the justicea, 
 of the Court of Special Sessions (including the Children's Courts) may, at 
 pleasure, remove any probation officer from such court; and either the chief 
 city magistrate, or the majority of the city magistrates, of a board of city 
 magistrates may at pleasure remove any probation officer from such board. 
 (Inferior Courts Act, § 96.) 
 
 In Buffalo either the chief justice or the majority of the judges of the 
 City Court may at pleasure remove any probation officer from such court. 
 (Laws of 1909, chap. 570, § 100.) 
 
 Any magistrate or magistrates appointing a probation officer may, in their 
 discretion, fix the term of office. 
 
 § 7. Salaried Probation Officers. The board of estimate and 
 apportionment in the city of New York, or the appropriate fiscal 
 board or body of any other city or village, or the board of super- 
 visors of any county, may determine whether probation officers, 
 not detailed from other branches of the public service, shall re- 
 ceive a salary. Such a board or body may fix the amount of the 
 salary and provide for its payment. {Crrniinal Code^ § 11-a, 
 subdiv. 1.) 
 
 The law makes no provision for the compensation of probation officers 
 a/ppointed by a justice of the Supreme court, or by a justice of the peace of 
 a town. Justices of the Supreme court and justices of towns are authorized, 
 however, to use the services of salaried county probation officers. 
 
 It seems undesirable to compensate probation officers by fees. Salaries are 
 preferable. 
 
 § 8. Detailed Probation Officers. Public officers or employees 
 detailed from other branches of the public sei-vice of any county, 
 city or village, are not allowed to receive any additional compen- 
 sation from such respective county, city or village for acting as 
 probation officer. (Criminal Code, § 11-a, subdiv. 1.) 
 
 In the Court of Special Sessions, the Children's Courts, and in the Boards 
 of City Magistrates of New York City, no policeman can be appointed or serve 
 as a probation officer. CNeic York City Inferior Courts Act, § 96.) 
 
Manual fob Peobation Officees. 29 
 
 § 9. Volunteer Probation Officers. In the eyes of the law, any 
 probation officer not salaried under that title from public funds, 
 nor detailed from another branch of the public service, is a volun- 
 teer probation officer. Such volunteer officers if employed by pri- 
 vate societies or private individuals to devote a large part or all 
 of their time to probation work are often referred to as " pri- 
 vately salaried probation officers." 
 
 § 10. Expenses of Probation Officers. The authorities empowered 
 to appropriate salaries for probation officers, may provide also for 
 the expenses of probation officers. (Oriminal Code, § 11-a, 
 suhdiv. 1.) 
 
 Inasmueli as the proper operation of a probation oflSce demands a, certain 
 amount of clerical and stenographic work, it is a matter of economy for 
 municipalities a-nd other lilce communities employing probation officers to 
 furnish them with the services of a stenographer, preferably one who is able 
 to devote his or her whole time to the work of the probation office. 
 
 All public officers — whicL includes volunteer probation officers 
 — who are not paid for their services are entitled to be paid their 
 actual expenses necessarily incurred in the discharge of their 
 official duties. (Public Officers Law, § 64.) 
 
 The items for which probation officers are paid their expenses, include ear- 
 fare, postage, stationery, office furniture, telephone, telegraph and messenger 
 service, and expenses to conferences of probation officers. 
 
 § 11, Juiisdi<;tion of Probation Officers.. The appointment of a 
 probation officer, other than a salaried county probation officer, 
 confers authority upon such probation officer to serve only within 
 the jurisdiction of the court of the magistrate or magistrates 
 making th« appointment. (C'rimmal Code, § 11-a, suhdiv. 1.) 
 The only exceptions are in the cases of a salaried county proba- 
 tion officer (see Manual, § 12), and of a probation officer who 
 supervises a probationer received on formal transfer from a court 
 or magistrate in another county (see Manual, § 40). 
 
 § 12. County Probation Officers. A probation officer salaried by 
 a board of supervisors and appointed by a county judge, may, 
 without further appointment, serve in any or all courts in the 
 
30 Manual foe Peobation Officees. 
 
 county except in the courts of cities of the first and second' class. 
 {Orimhial Code, § 11-a, subdiv. 1.) 
 
 Such probation oflficers are generally known as county probation officers. 
 Cities of the first and second class are those having a population of 50,000 
 or more inhabitants according to the latest Federal or State census. 
 
 In a small county one paid county probation officer can cover the entire 
 county. He can usually arrange to be in different places on different days. 
 
 In a few of the larger counties it is desirable to have two or more county 
 probation officers, and to assign each officer either to a certain section of thei 
 county — preferably to the section in which he resides, or to certain courts. 
 In a few of the largest counties the work in the -Supreme and county courts 
 alone may engage a, probation officer's entire time, but ordinarily an officer 
 can serve in all the courts in the county. 
 
 There is much advantage in having a county probation officer who serves 
 in several courts, instead of having several probation officers, each serving 
 in only one court. A county probation officer is likely to be selected with 
 more care, and to be better qualified for probation duties. He usually takes 
 more interest in his duties, and feels more responsible for their proper dis- 
 charge. By acting in difi'erent courts, by dealing with a greater variety of 
 conditions, and by becoming acquainted with a larger number of offenders, he 
 tends to become more expert. The same offenders may appear from time to 
 time in different courts in the same county, and the knowledge of such persons 
 gained by the officer in one court may be valuable to other courts. The 
 records of investigations and of probation cases kept by a county probation 
 officer are often serviceable to courts throughout the county. It is also often 
 desirable to have the county probation officer who has made the original 
 investigation of a case in a lower court, follow the case if it is transferred to 
 a higher court. 
 
 In the absence of a salaried county probation officer it would be necessary, 
 in order to secure probation service in all courts in the county, to have 
 practically all the magistrates in the county appoint probation officers. In 
 a county having twenty-five police justices and justices of the peace, for 
 instance, it would be impossible, unless there were a salaried county probation 
 officer, for any of these justices to use probation unless he or another justice 
 of the same court appointed a probation officer especially for his particular 
 court. Even then, the outcome would probably be unsatisfactory for the law 
 does not permit towns to pay salaries to probation officers. The only way, 
 therefore, by which justices of the peace in towns can avail themselves of the 
 services of a paid probation officer is by having the county employ a county 
 probation officer. 
 
 See pamphlet, " County Probation Officers," published by the State Proba- 
 tion Commission. 
 
 Any county officer who receives or is authorized hy law to re- 
 ceive any money on account of fines or penalties shall annually 
 make a written report to the board of supervisors on ISTovember 1. 
 (County Court Law, § 243, being chap. 11 of ths Consolidated 
 Laws. ) 
 
Manual foe Peobation Officees 31 
 
 § 13. Chief Probation Officers. The appointment of chief pro- 
 bation ofBcers is authorized by law in the ISTew York Court of 
 iSpecial Sessions (including the Children's Courts) and in each 
 Board of Magistrates in that city {New York Inferior Courts Act, 
 § 96) ; in the City Court of Biiffalo {Laws of 1909, chap. STO, 
 § 100) ; in the Court of Special Sessions (including the Children's 
 Court), of Syracuse {Laws of 1910, cTiap. 676, § 32) ; in the 
 County Court, Children's Part, of Monroe county {Laws of 1910, 
 chap. 611, § 11) ; and in the County Court, Children's Part of 
 Ontario county {Laws of 1913, chap. 270, § 11). 
 
 Salaried probation officers are sometimes designated as chief probation 
 officers in other places. A chief probation officer is usually expected, acting 
 under the direction of the court and the magistrate or magistrates thereof, 
 to exercise general oversight over the work of the other probation officers in 
 the court ; to secure, train and direct volunteers ; to determine the methods of 
 dealing with cases; to have general superintendence of the records, accounts 
 and administrative work of the office. 
 
 § 14. Women Probation Officers. In the Children's Court of 
 Buffalo the appointment of a woman probation officer is required. 
 {Laws of 1911, chap. 651, § 524.) The appointment of women 
 probation officers is permitted in any court.. 
 
 A number of courts have women probation officers, and in many instances 
 they are salaried and devote their entire time to probation work. It is 
 especially important that female defendants and female probationers be 
 investigated and supervised by women probation officers rather than by male 
 officers. 
 
 § 15. Bonds for Probation Officers. In certain courts the pro- 
 bation officers who collect money from probationers are required to 
 furnish bonds. This is a wise precautionary measure and should 
 be followed wherever probation officers are frequently called upon 
 to make such collections. 
 
CHAPTER 3. 
 Court Procedure and Practice Concerning Probation. 
 
 PAGE 
 
 Section 20. Preliminary investigations by probation officers 35 
 
 21. Persons eligible and suitable for probationary treatment 36 
 
 22. Suspension of imposition of sentence; suspension of execution of sen- 
 
 tence 37 
 
 23. Placing defendants on probation 39 
 
 24. Aid and supervision by probation officer 41 
 
 25. Probationary period 41 
 
 26. Probationary conditions 42 
 
 27. Modification of probationary period and conditions 43 
 
 28. Payment of fines by probationers 44 
 
 29. Restitution by probationers 45 
 
 30. Reparation by probationers 45 
 
 31. Support of wife and children by probationers 46 
 
 32. Probation in cases of adult contributory delinquency 46 
 
 33. Violations of, or non-compliance with, probationary conditions 47 
 
 34. Extension of probationary period in cases of absconders 48 
 
 35. Re-arrest of probationers; bench warrant; return and surrender to 
 
 court 48 
 
 36. Extradition of absconders 48 
 
 37. Revocation of probation; commitment 49 
 
 38. Discharge of probationers 50 
 
 39. Transfer of probationers to another probation officer in same court . . 50 
 
 40. Transfer of probationers to probation officer -in another coimty 50 
 
 41. Transfer of probationers from Supreme court to county court of 
 
 same county 51 
 
 42. Appeals by probationers 52 
 
 43. " Informal " and " unofficial " probation 53 
 
 44. Release by county court of disorderly persons from institution on 
 
 parole under probation officer 53 
 
 [33] 
 2 
 
CHAPTEE 3. 
 Court Procedure and Practice Concerning Probation. 
 
 § 20. Preliminary Investigations by Probation Officers. A 
 
 court or magistrate may direct a probation officer, serving within 
 the jurisdiction of such court or under the direction of such 
 magistrate, to inquire into the antecedents, character and circum- 
 stances of any person accused within the jurisdiction of such 
 court, and into the mitigating or aggravating circumstances of 
 the offense of such person, and to report thereon in writing to such 
 court or magistrate. (Criminal Code, § 11-a.) 
 
 The purpose of a preliminary investigation is to ascertain such facts 
 concerning the history, associations, environment, circumstances, habits, tend- 
 encies and abilities of a defendant, as will aid the court in determining 
 whether the defendant should be placed on probation or be dealt with other- 
 wise. Its purpose is not to secure evidence as to the guilt or innocence of 
 the defendant, but information which will enable the court to know whether 
 the defendant's personality, record, and relations to society seem to indicate 
 that he is suitable for probation. 
 
 In the case of a child, for instance, it may be important to learn whether 
 he has a good or bad home; where he spends his evenings; what sort of 
 companions he associates with; whether he attends school regularly and is a 
 good student; whether he has any bad habits; whether he has ever been ar- 
 rested before or been in any institution, or whether his delinquency may be due 
 to any physical or mental defect. In the case of an adult it may be important 
 to learn whether the defendant has a family dependent upon him; whether 
 he works regularly; whether he is addicted to drink, gambling or other evil 
 practices; whether he has a reputation for honesty and truthfulness; how he 
 spends his money, or whether he is likely to be dangerous if left at large in the 
 community.* 
 
 The only aspect of the offense which a probation officer is expected to 
 inquire into — if indeed he is directed to investigate the offense at all — is 
 whether it was committed under mitigating or aggravating circumstances. 
 Sometimes an offense is purely accidental or committed through coercion, or 
 under circumstances which are so extremely tempting or provoking as to 
 make the offense more or less pardonable. For instance, a person convicted 
 
 * Experience shows that a large proportion of offenders suffer from physical 
 or mental defects, which may contribute more or less to their delinquency. 
 Such defects can be discovered through an examination by a competent physi- 
 cian or psychologist. Such examinations are being made in an increasing 
 proportion of cases, especially in children's courts. 
 
 [35] 
 
36 Manual foe Peobation Offioees. 
 
 of larceny or forgery might have been irrespouBible, through drink or other- 
 wise, at the time of the act; a person convicted of assault might have com- 
 mitted the act in self-defense. Such circumstances are often adequate reasons 
 for mitigating or lessening the punishment. On the other hand, the cir- 
 cumstances under which another oflfense was committed may clearly indicate 
 that the act was deliberate and thoroughly malicious, showing a confirmed 
 anti-social attitude. In other words, the only inquiries which a probation 
 officer is usually expected to make concerning the oflfense — if he is required 
 to make any such inquiries at all — are whether the circumstances under 
 which it was committed seem to justify a. severe sentence, or whether they 
 show that the oflfender should be dealt with by less severe measures. 
 
 Since preliminary investigations are made, as a rule, after the defendant 
 has been convicted, and it is usually necessary to adjourn the case long enough 
 to enable the probation officer to make his investigation and report his findings 
 to the court or magistrate. In making such an investigation it is often 
 desirable for the probation officer to avail himself of the services of an inter- 
 preter. Children, relatives, neighbors or friends of a defendant cannot be 
 relied upon as interpreters in most cases. 
 
 Such an investigation is called a " preliminary " investigation because it 
 is preliminary to sentence or probation, and is distinguished from those investi- 
 gations which a probation officer makes concerning his probationers after 
 they have been placed on probation. (See Manual, § 53.) 
 
 § 21. Persons Eligible and Suitable for Probationary Treatment. 
 In a court which prosecutes cases by indictment a person cannot 
 be placed on probation unless there is discretion as to the extent 
 of punishment prescribed by law for the specific offense, and there 
 seems to be circumstances in mitigation of punishment. (^Crimi- 
 nal Code, § 483.) A court cannot suspend sentence in the ease 
 of a person who is convicted of a crime punishable by more than 
 ten years' imprisonmeoit, and who has been convicted of a felony 
 before. (Penal Law, § 2188.) Since the suspension of sentence 
 is necessarily preliminary to probation, it follows that no person 
 described in Penal Law, § 2188, may be placed on probation. 
 This latter provision applies only to courts which prosecute cases 
 by indictment, because no lower court has jurisdiction over crimes 
 punishable by a sentence of ten years' imprisonment 
 
 Boys, girls, men and women may be placed on probation. In the lower 
 courts there are no restrictions concerning the persons who may be placed on 
 probation. 
 
 A person who is convicted) in New York State of a felony, and who has' 
 been convicted in another State of a crime punishable by imprisonment in a 
 State prison in that State, cannot be considered as a first oflfender. {Attomey- 
 Oeneral, Opinion No. 279, Nov. 23, 1909.) 
 
Manttal fob Pbobation Offioebs. 37 
 
 No hard and fast rules can be laid down for determmmg the suitabilSty 
 of defendants for probationary treatment; each case must be considered upon 
 its merits. It may be stated as a general proposition, however, that probation 
 is intended primarily for the treatment of persons who do not habitually 
 offend, and who are Hkely to follow a proper course of conduct if released 
 on probation. In judging whether probation is wise, the chief consideration 
 should usually be given not to the offense, but to the offender. Those 
 convicted of a serious offense, as a felony, are sometimes more suitable 
 for probation than those guilty of a minor offense. Persistent vio- 
 lators of the law, mental defectives, persons who have no desire to reform, 
 and those whose environment is hopelessly unfavorable, cannot, as a rule, 
 be expected to satisfy the requirements of probation. Provision is made in 
 New York Cfity for the mental examination of all children arraigned before 
 the court who appear to be mentally defective. Such examination is to be 
 conducted by one or more physicians duly appointed by the mayor of the 
 city of New York and upon conclusion of the examination a report is to he) 
 submitted to the court setting forth the results. If the child is declared 
 to be mentally defective or feeble-minded, a further investigation may be 
 ordered, or the justice may commit the child to a public institution of the 
 State or of the city of New York authorized to receive mental defectives 
 and feeble-minded persons. 
 
 The best way of ascertaining whether a defendant is suitable for probation 
 is through a preliminary investigation by a probation officer. (See Manual, 
 § 20 and § 53.) 
 
 § 22. Suspension of the Imposition of Sentence; Suspension of the 
 Execution of Sentence. Probation, except where a special pro- 
 cedure is provided for children as in New York City, Buffalo, 
 Syracuse and Monroe county, is super-imposed upon, or added to, 
 the s.uspension of sentence. (The term, suspension of judg- 
 ment, — signifies the same as suspension of sentence.) There are 
 two kinds of suspension of sentence — the suspension of the 
 imposition of sentence, and the suspension of the execution of 
 sentence. 
 
 (a) Suspension of the imposition of sentence. Any court after convict- 
 ing or otherwise adjudging a defendant guilty, may, in its discretion, refrain 
 for the time being from naming or imposing any sentence, and in place 
 thereof may conditionally give the defendant his liberty on good behavior. 
 Such a, postponing or deferring of the imposition of sentence is known as 
 suspension of the imposition of sentence. This practice is usually meant 
 when one uses the term, " suspended sentence," or " suspended judgment." 
 
 After suspending the imposition of sentence a court in its dis^ 
 cretion may at any time within the longest period for which the 
 defendant might have been sentenced, have the defendant again 
 
38 Manual foe Probation Offioees. 
 
 bTOught before the court, and may thereupon impose any sentence 
 which it might have imposed at the time the defendant was origin- 
 ally convicted. (Criminal Code, § 4'rO-a; Penal Law, % 2188.) 
 The only cases in which the imposition of sentence may not he 
 suspended are in courts prosecuting cases by indictment when the 
 defendant . is punishable by a maximum term of imprisonment 
 exceeding ten years and has been convicted of a felony before, or 
 when there is no discretion as to the exteoat of punishment pre- 
 scribed by law. {Penal Law, § 2188, Criminal Code, § 483.) 
 
 The power to suspend sentence after conviction, is inherent in every court 
 of record having criminal jurisdiction. (People ex rel. Forsyth v. Court of 
 Sessions, 141 N. T. 293.) 
 
 A court of special sessions has similar power. (People ex rel. Durmigwn v. 
 Webster, 86 Eim 73, 14 Misc. 617, 11 2f. T. Or. 484.) 
 
 In Massachusetts a praxitice corresponding to the suspension of the imposi- 
 tion of sentence is known ais placing a case on file. The Massachuaetta 
 Supreme court has declared that an indictment or complaint cannot lawfully 
 he placed on file — (that is, the imposition of sentence cannot lawfully be 
 suspended) — without the consent of the defendant, who has a, right to have 
 his case finally disposed of without unreasonable delay. (Marks v. Went- 
 worth, 199 jif ass. 44.) 
 
 The constitutional and statutory provisions that no person who has been 
 convicted of a felony may register or vote at any election, do not include a 
 case where, after a verdict of guilty, the court suspends sentence and no 
 judgment is entered. (People v. Fabian, 192 N. Y. 443.) 
 
 (b) Suspension of the execution of sentence. If, on the other hand, the 
 court names or imposes a sentence, and then announces that if the defendant 
 will behave properly after being released from custody, the sentence will not 
 be carried into effect, such withholding of the enforcement of the penalty 
 is known as suspension of the execution of sentence. 
 
 The execution of sentence may be suspended when a sentence 
 of imprisonment has been imposed as the alternative of paying a 
 fine, and the court desires to postpone the execution of the sen- 
 tence of imiprisonment in order to allow the defendant time in 
 which to pay the fine. (Criminal Code, §§ 483, 718. See Manual, 
 § 28.) 
 
 As a matter of practice the execution of sentence is sometimes suspended 
 in other cases. This right is recognized by court decisions. 
 
 In case of any violation of the conditions under which a defendant is 
 released, the punishment which may be enforced, differs, when the execution 
 of sentence has been suspended, from that which may be enforced when the 
 imposition of sentence has been suspended. If, after the execution of a 
 sentence has been suspended, the defendant is returned to court for sentence. 
 
Manual for Peobation Offioees. 39 
 
 the court cannot impose a new sentence, but must put into effect the sentence 
 which it originally imposed. This sentence, however, can be executed only 
 for its unexpired portion. For instance, if a court on January 1, imposed 
 a sentence of six months (which would expire on June 30) in the X jail, and 
 then suspends the execution of the sentence, and if the defendant is returned 
 to the court on June 1 for violating the conditions of the suspension of the 
 execution of sentence, he can be committed only to the X jail which was named 
 in the original sentence, and only for the outstanding portion of the period 
 originally named — that is, for the thirty days between June 1 and June 30. 
 If, on the other hand, the court has suspended the imiposition of sentence, 
 and the defendant then violates the conditions of his release and is returned 
 to court on June 1, the court is free (within the limits of the law) to choose 
 between imprisonment or a fine or some other penalty, and if it decides on 
 imprisonment it can choose the institution which seems most suitable. More- 
 over, the court can impose a sentence of as many days or months or years, 
 beginning from June 1, as it could have imposed on January 1. 
 
 When the execution of sentence is suspended, the court loses jurisdiction 
 over the defendant as soon as the maximum period for which the defendant 
 was originally sentenced, has expired. (In re Webb, 89 Wis. 354, 27 L. B. A. 
 356.) 
 
 (c) Practical Weaknesses of Suspension of Sentence Without Probationary 
 Oversight. From the standpoint of effectiveness the chief weaknesses of 
 suspension of sentence (either suspension of the imposition of sentence, or 
 of the execution of sentence ) , when unaccompanied by probationary oversight, 
 are ( 1 ) that in the absence of a probation officer the court cannot keep p*opi- 
 erly informed concerning the defendant's subsequent conduct and condition, 
 and therefore is less likely to learn whether he violates the conditions of 
 his release; and (2) that the defendant while under suspended sentence is 
 given no friendly counsel or practical assistance in aiding him to improve 
 his habits or circumstances. 
 
 § 23. Placing Defendants on Probation. Persons are placed on 
 probation after conviction and tlie suspension of sentence, or after 
 otter adjudication against them, by being conditionally released 
 under the oversight of a probation officer. The release is con- 
 ditional upon their good behavior, and upon their observance of 
 certain probationary conditions which are usually named by the 
 court or magistrate. (General provisions: Criminal Code, 
 § 11-a, suhdiv. 4. In courts prosecuting cases by indictment: 
 Criminal Code, §§ 483, 487. In inferior courts: Penal Law, 
 § 2188.) 
 
 Except as indicated below in this paragraph, no person can be 
 legally placed on probation until after conviction. In New York 
 City, Buffalo ajid Syracuse, children adjudged to be in need of 
 the care and protection of the State may be placed on probation 
 
^0 Manual fob Pkobation Officees. 
 
 without being convicted. (In JSTew York City: Laws of 1910, 
 chap. 659, § 39, and Penal Law, § 486, subdiv. 9. In Buffalo: 
 Laws of 1909, chap. 4Y0, § 92; Laws of 1911, chap. 651, § 521. 
 In Syracuse, Laws of 1910, chap. 676, § 31.) Also in Monroe 
 county and Ontario county children adjudged to be delinquent, 
 neglected or otherwise in need of the care or discipline and pro- 
 tection of the State, may be placed on probation without being 
 convicted. (In Monroe county: Laws o/ 1910, cAap. 611, § 7. In 
 Ontario county: Laius of 1913, chap. 270, § 7.) Adults charged 
 with contributing to the delinquency or offense of a child may, 
 upon their consent, be placed un.der the oversight of a probation 
 officer, without being convicted. (Penal Law, § 494, subdiv. 2 ; 
 see Manital, § 32.) 
 
 A minor child (that is, a person under twenty-one years of age), 
 placed on probation in a court prosecuting cases by indictment, 
 shall, when practicable, be placed under a probation officer of the 
 same religious faith as that of the child's parents or guardian. 
 The parents, guardian, or master of such minor child shall be 
 summoned to be present in court when the child is placed on pro- 
 bation, and shall be informed by the court of the action taken. 
 (Criminal Code, §i 483.)' 
 
 One of the most vital forces making for right conduct is religion. The 
 statute recognizes that in stimulating a probationer to a realization of his 
 duties and in aiding him in their performance, a probation officer of the same 
 faith as the probationer, ordinarily, land especially in case of juveniles, would 
 more readily be able to reach and influence the probationer, and declares 
 that unless in any particular case there are facts which make this imprac- 
 ticable, the probation officer of a minor child should be of the same faith as 
 the probationer. In all eases, however, the probation officer should recognize 
 that religion is one of the strongest factors in conduct, and should enlist the 
 active co-operation) of those to whom the probationer would naturally look 
 for spiritual advice and direction. 
 
 The probation officer under whom ai probationer is placed, should be one 
 duly appointed and authorized to serve in such court, or under such magis- 
 trate. {See Manual, § 12 and § 51 concerning county probation officers, and 
 I 40 and § 41 concerning transferred probationers.) 
 
 It is desirable that when a defendant is placed on probation, an entry of 
 the fact, and of the name of the probation officer should be entered on the 
 court records. The proibation officer should be notified immediately of the 
 fact and of the probationer's name and address. 
 
 Persons are placed on probation only by a court, except that in cases over 
 which a magistrate has summary jurisdiction (as disorderly persons), the 
 defendants may be placed on probation by a magistrate sitting not as a 
 court, but as a magistrate. 
 
Manual foe Probation Offioees. 41 
 
 § 24. Aid and Supervision by Probation Officer. After persons 
 
 are placed under the oversight of a probation officer, the latter 
 
 must keep informed concerning the conduct and condition of all 
 
 such probationers, and aid and encourage them by friendly advice, 
 
 admonition and other means to bring about improvement in their 
 
 conduct and condition. (Crimmal Code, § 11-a, subdiv. 2.) 
 
 The most vital and influential elements in probation are the labors of the 
 probation oflEicer in aiding and supervising those on probation. 
 [See Manual, §§ 55, 56.) 
 
 § 25. Probationary Period. The period of probation may be 
 determined by the court. Except as otherwise provided below, 
 children may be kept on probation until their eighteenth birth- 
 day ; adults convicted of an offense less than a felony (unless the 
 offense be public intoxication) may be kept on probation for not 
 exceeding two years, and adults convicted of a felony for not ex- 
 ceeding five years. {Criminal Code, § 11-a, subdiv. 4.) Those 
 found to have been publicly intoxicated outside of New York 
 Oity may be kept on probation for not exceeding one year. 
 {Penal Law, § 1221, subdiv. 1, as amended by Laws of 1911, 
 chap. 700.) 
 
 In Buffalo a child may be placed on probation for not exceed- 
 ing three years; an adult convicted of a misdemeanor for not ex- 
 ceeding two years; and an adult convicted of a lesser offense for 
 not exceeding one year. {Laws of 1909, chap. 570, § 103 and 
 § 104. The provisions relating to children were superseded by 
 Laws of 1911, chap. 651, § 526.) 
 
 In the New York City Court of Special Sessions, the Children's 
 Courts, and the Boards of City Magistrates, the provisions con- 
 cerning the periods of probation are similar to those in Buffalo. 
 {Laws of 1910, chap. 659, § 98 aricZ § 99.) 
 
 In the Syracuse Court of Special Sessions and the Children's 
 Court, the provisions concerning the periods of probation are 
 similar to those in Buffalo and New York City. {Laws of 1910, 
 chap. 676, § 34 anJ § 35.) 
 
 In the Yonkers Court of Special Sessions, Children's Part, a 
 child may be kept on probation for not exceeding one year. {Laws 
 of 1908, chap. 452, § 15.) 
 
42 Manual foe Peobation Officees. 
 
 Under the law oonferring jurisdiction upon the Monroe County 
 Court to hear cases of children after December 31, 1910, a child 
 may be kept on probation until his or her twenty-first birthday. 
 {Laws of 1910, chap. 611, § 12.) The same provision is made by 
 the law conferring similar jurisdiction upon the County Court 
 of Ontario county. {Laws of 1913, chaf. 2Y0, § 12.) 
 
 When a fine has been imposed and the execution of an alternative sentence, 
 of imprisonment has heen imposed, the period of probation ends as soon as 
 the fine is paid. (See Momual, § 28.) 
 
 At any time during the probation, the court may modify the period, by 
 either shortening or lengthening it, provided that the original period, plus 
 any additions, shall not exceed the maximum period for which the defendant 
 might originally have been placed on probation. 
 
 A probation officer has no power to fix or modify the probationary period 
 unless authorized to do so by the court or magistrate. 
 
 The provisions of section 11-a of the Code of Criminal Procedure relating 
 to the periods of probation are not retroactive and do not apply to the cases 
 of persons who were placed on probation prior to September 1, 1910, the date 
 on which these provisions went into effect. Adults placed on probation 
 before September 1, 1910, may not be kept on probation for longer than the 
 maximum period for which they might originally have been committed. 
 (Penal Loao, § 2188.) 
 
 (See Mamiial, §§ 27, 34, 35, 37.) 
 
 § 26. Probationary Conditions. The court, or in cases over which 
 a magistrate has summary jurisdiction, the magistrate, who places 
 a person on probation may determine the conditions which the 
 probationer shall observe while on probation. The conditions may 
 be such as the court or magistrate shall in its or his discretion 
 prescribe, and may include, among other provisions, any or 
 several of the following: 
 
 (a) That the probationer shall indulge in no unlav?ful, dis- 
 orderly, inj.urious or vicious habits; 
 
 (b) Shall avoid places or persons of disreputable or harmful 
 character ; 
 
 (c) Shall report to the probation officer as directed by the court 
 or probation officer; 
 
 (d) Shall permit the probation officer to visit him in a reason- 
 able manner at his place of abode or elsewhere ; 
 
 (e) Shall answer any reasonable inquiries by the probation 
 officer concerning his conduct or condition; 
 
Manual foe Peobation Officees. 43 
 
 (f) Shall, if a child, of compulsory school age, attend school; 
 
 (g) Shall, if an adult, or if a child but not required to attend 
 school, work faithfully at suitable employment; 
 
 (h) Shall remain or reside within a specified place or locality ; 
 (i) Shall abstain for a reasonable period from the use of 
 alcoholic beverages, if the use of the same contributed to his 
 offense; 
 
 (j) Shall pay in one or several sums a fine imposed at the time 
 of being placed on probation; 
 
 (k) Shall make reparation or restitution to the aggrieved 
 parties for actual damages or losses caused by his offense; 
 
 (1) Shall support his wife or children. (Criminal Code, 
 § 11-a, subdiv. 4.) 
 
 A statement of the conditions of probation must be furnished 
 to each probationer by the probation officer, who shall also instruct 
 the probationer concerning the same. (Criminal Code, § ll-ai, 
 subdiv. 2.) 
 
 The specific conditions imposed upon different probationers will naturally; 
 vary according to the peculiarities and special needs of each case. 
 
 A probation officer has no authority to determine or modify the conditions 
 of probation unless the court or magistrate so authorizes him. 
 
 The written statement of the conditions of probation is not to be regarded 
 as a binding contract between the court or its probation oflBcer and the pro- 
 bationer, but rather as a general statement of what the court and the pro- 
 bation officer intended to require from the probationer while on probation. 
 (Common/wealth N. McGovern, 183 Moss. 238.) 
 
 § 27. Modification of the Probationary Period, and Conditions. 
 After the period and conditions of probation are fixed, they may 
 at any time during the probation be modified by either the court 
 or the magistrate. (Criminal Code, § 11-a, subdiv. 4.) 
 
 The word, modify, as used in the statute, must be read in connection with 
 the first sentence quoted therefrom, fixing the length of time that a defendant 
 may be put on probation. Looking at it in this light the statute may be 
 construed as permitting the court or magistrate to extend the probationary 
 period, whenever the defendant has violated the conditions imposed upon him, 
 only to the extent of the maximum period for which he might have been 
 originally placed upon probation. (Attorney-General, Opvnion No. 82, Feb. 
 23, 1911.) 
 
 When the period or conditions of probation are modified in any way it is 
 the duty of the probation ofiicer to instruct the probationer regarding the 
 same. 
 
^^ Manual foe Peobation Officees, 
 
 §28. Payment of Fines by Probationers.* There are two methods 
 by which persons may b© required to pay fines while on probation. 
 
 (a) A court in suspending the imposition of sentence and 
 placing a person on probation, may require that while on pro- 
 bation, he shall pay in one or several sums a fine imposed at the 
 time of being placed on probation. Under this method, the pro- 
 bation may continue after the fine is paid. {Criminal Code, 
 § 11-a, subdiv. 4.) 
 
 (b) A court may impose a fine and direct that if the defendant 
 does not pay the fine at once, he shall be imprisoned until it is 
 paid, and then suspending the execution of this sentence of im- 
 prisonment, the court may place the defendant on probation dur- 
 ing such suspension, and require him to pay the fine while on 
 probation. When, this method is followed, the judgment must be 
 satisfied and the probation cease as soon as the fine is paid. 
 (Provisions applying to courts which prosecute cases by indict- 
 ment: Crvminal Code, § 483. Provision applying to inferior 
 courts: Criminal Code, § VIS.) 
 
 Probation officers must keep accurate and complete accounts of 
 all moneys collected from probationers in fines; give receipts 
 therefor, and make at least monthly returns thereof. (Criminal 
 Code, § 11-a, subdiv. 2.) 
 
 The first method makes the payment of the fine supplementary and secondary 
 in importance, to the probation; the second makes the payment of the fine 
 the chief end. The first method enables the court to keep the offender on 
 probation as long as seems desirable; the second may enable the offender, by 
 paying the fine promptly, to shorten the probationary period. 
 
 Whichever of these two methods is used, the fine may be paid in instalments, 
 and through the probation officer. 
 
 *A defendant who cannot pay a fine when imposed is usually, because of 
 his inability to pay, committed to jail or some similar institution. When it 
 is desirable to fine a poor person, probation affords a means whereby the 
 court can permit the defendant to pay the fine in instalments, adjusted in 
 size to the financial circumstances of the defendant and his family. This 
 prevents imprisonment because of poverty; it lessens the liability of causing 
 suffering among the innocent; it requires the defendant to earn his own fine 
 by honest work; it increases the public revenues collected from fines, and at 
 the same time it gives the defendant the benefit of the probation officer's 
 friendly influence and aid. 
 
Manual fob Probation Offioees. 45 
 
 § 29. Restitution by Probationers.* A court, upon consent of a 
 defendant and as a condition of probation, may require him while 
 on probation, to make restitution to the aggrieved parties in an 
 amount to be fixed hj the court, not exceeding the actual loss or 
 damages caused by his offense. (General provisions: Criminal 
 Code J § 11-a, suhdiv. 4. In courts prosecuting cases by indict- 
 ment: Criminal Code, § 483, subdiv. 2. In inferior courts: 
 Criminal Code, § 718. Restitution may be made in instalments, 
 and through the probation officer. Probation officers must keep 
 accurate and complete accounts of all moneys collected in restitu- 
 tion, give receipts therefor, and make at least monthly returns 
 thereof. {Criminal Code, § 11-a, svhdiv. 2.) 
 
 If, for instance, a defendant has stolen goods valued at $10, the court may 
 require such person while on probation, either to return the stolen goods or 
 to pay their full value to their former and legitimate owner. 
 
 Care should be exercised to avoid letting the court become a collection 
 agency. 
 
 The primary object should be not to reimburse the person who has suffered 
 loss but to teach the probationer a practical lesson and exert a reformatory 
 influence. 
 
 § 30. Reparation by Probationers.* A court, upon consent of 
 the defendant and as a condition of probation, may require him 
 while on probation to make reparation to the aggrieved parties in 
 an amount to be fixed by the court, not exceeding the actual lo&s 
 or damages caused by his offense. (General provisions: Criminal 
 Code, § 11-a, suhdiv. 4. In courts prosecuting cases by indict- 
 ment: Crimdnal Code, § 483, suhdiv. 2. In inferior courts: 
 Crimdnal Code, § 718.) Probation officers must keep accurate and 
 complete accounts of all moneys collected in reparation, give re- 
 ceipts therefor, and make at least monthly returns thereof. 
 (Crimmal Code, § 11-a, suhdiv. 2.) 
 
 If, for example, a defendant convicted of malicious mischief has broken a 
 window or a fence, the court may require the defendant while on probation 
 
 *The difference between restitution and reparation is, in brief, this: Resti- 
 tution is the refunding of stolen property or the payment of the money value of 
 property stolen, to the owner of such property. Reparation is the repairing 
 of damages either to property or to the person. 
 
4:6 Manual poe Peobation Officees. 
 
 to buy and set a new pane of glass, or to repair the fence, as the case may be; 
 or the defendant may be required to pay for having the same done. If a 
 defendant convicted of assault has injured his victim to an extent requiring 
 the services of a surgeon or physician, the court may require the defendant 
 while on probation to pay for such surgical or medical services. 
 
 § 31. Support of Wife and Children by Probationers. A defendant 
 convicted of felonious abandonment (Penal Law, § 480) may be 
 required while on probation to support his children. (Criminal 
 Code, § 483, subdiv. 2.) A person convicted of being a dis- 
 orderly person (Criminal Code, § 899, subdiv. 1 or 2) may be 
 required while on probation to support his wife or children. 
 (Criminal Code, § 11-a, subdiv. 4.) The court may require that 
 payments for such support be made in weekly or other instal- 
 ments, and through the probation officer. Probation officers must 
 keep accurate and complete accounts of all moneys collected for 
 family support, give receipts therefor, and make at least monthly 
 returns thereof. (Crimmal Code, §! 11-a, s^ibdiv. 2.) 
 
 The amount of the payments is to be determined by the court. 
 
 The payments are sometimes made by the husband directly to the wife. If 
 this is done the probation officer should make frequent inquiries to verify 
 that the payments are made, and that the husband does not demand or 
 forcibly take the money back. In requiring husbands toi make payments foir 
 the support of their families, the probation officer should not relax in his 
 efforts to exert a reformatory and helpful influence. 
 
 In proper cases the court sometimes orders as terms of probation that the 
 husband live apart from the wife and pay a certain specified sum for the 
 support of the children. 
 
 § 32. Probation in Cases of Adult Contributory Delinquency. 
 
 Whenever a parent, guardian, or other person charged with con- 
 tributing to the delinquency or offense of a child (Penal Law, § 
 494, subdiv. 1), is summoned or brought before a magistrate for 
 an investigation, the magistrate, if satisfied from sworn testimony 
 that there is cause for a warrant to issue, may, upon consent of 
 the defendant but without convicting the defendant, adjourn the 
 investigation from time to time for a period or periods not aggre- 
 gating more than one year, and place the defendant under the 
 oversight of a probation officer during such adjournment or ad- 
 journments. iSuch a defendant may also be required to give bonds 
 in a sum not exceeding $250. A probation officer cannot require 
 
Manual foe Probation Offioees. 47 
 
 such a defendant to do more than to satisfy inquiries concerning 
 the conduct and condition of such child, or concerning the con- 
 duct or condition of such adult probationer in so far as they relate 
 to the conduct or condition of the child. When the probationer 
 re-appears in court on the adjourned day, the probationary over- 
 sight may be continued. Such a continuance or continuajices, 
 together with the original probationary period, shall not exceed 
 one year. (Penal Law, § 494, suhdiv. 2.) 
 
 Whenever a person, instead of having the case adjourned as 
 provided above, is convicted of contributing to the delinquency 
 or offense of a child, the guilty person may be placed on pro- 
 bation for not more than one year, and be required in addition to 
 give bond, with or without sureties, in a sum not exceeding $500. 
 {Penal Law, § 484, suhdiv. 3.) 
 
 § 33. Violations of, or Non-Compliance With, the Probationary 
 Conditions. The court or a magistrate thereof may in case of vio- 
 lation of the probationary conditions imposed upon the proba- 
 tioner issue a warrant for the rearrest of such probationer. 
 (Criminal Code, § 11-a, suhdiv. 4.) 
 
 Any act or omission on the part of a probationer which does not 
 comply with the conditions of probation may be considered to constitute a 
 violation of the probationary conditions. The act or omission in question 
 need not necessarily be a crime or a violation of any law. 
 
 Among the most frequent violations may be mentioned these; repeated and 
 inexcusable failure of the probationer to report to the probation officer; 
 failure of a child probationer to attend school; failure of an adult probationer 
 to keep employed; failure of a probationer to make a money payment as 
 required; associating with bad companions or frequenting harmful resorts; 
 absconding from the jurisdiction of the court; committing another crime, etc. 
 Whenever violation or non-compliance with the probationary conditions is 
 suspected or rumored by outsiders, the probation officer should forthwith care- 
 fully investigate the facts 'before taking any further action. 
 
 Since the purpose of probation is reformatory, it is desirable that violations 
 of probationary conditions or other misconduct on the part of probationers in 
 proper cases should be carefully considered in order that they may not be 
 treated with undue leniency or undue severity. They can sometimes 'be dealt 
 with by the probation officer without returning the probationer to the court. 
 Sometimes the probationer can be made to improve his conduct by being 
 brought before the magistrate in his private office. If, however, the violation 
 or non-compliance is persistent and serious, and it appears that further pro- 
 bationary supervision will be fruitless, the probationer should be promptly 
 brought before the court to be dealt with effectively. 
 
48 Manual foe Peobation Officees. 
 
 § 34. Extension of the Probationary Period in Cases of Absconders. 
 
 If, without permission, a probationer departs from the jurisdic- 
 tion of the court or persistently keeps the probation officer in 
 ignorance of his whereabouts, the time during which he keeps 
 away from the jurisdiction of the court or in hiding may be added 
 to his original probationary period. (Criminal Code, § 11-a, 
 suhdiv. 4.) 
 
 A probation officer should not consent to the departure of a probationer from 
 the jurisdiction of the court without securing the permission of the court or 
 magistrate. 
 
 If a probationer absconds, he thereby violates the conditions of his proba- 
 tion. The probation officer should report the fact to the court or magistrate, 
 and every effort should be made to locate and secure the return of the 
 probationer. 
 
 § 35. Re-arrest of Probationers; Bench Warrant; Eetnm and 
 Surrender to the Court. In case of any violation of the probationary 
 conditions, the court or a magistrate thereof may issue a warrant 
 for the arrest of the probationer. {Criminal Code, § 11-a, svh- 
 div. 4.) A warrant for the arrest of a probationer may be issued 
 at any time in the discretion of the court or magistrate. (Crimi- 
 nal Code, § 483, suhdiv. 4; Penal Law, § 2188.) 
 
 A warrant for the arrest of a probationer may be served anywhere in the 
 state. 
 
 A warrant for the arrest of a probationer may be served by thei probation 
 officer under whom such probationer has been placed, since the latter is a peace 
 officer with reference to such probationer. {Criminal Code, § 11-a, subdiv. 3.) 
 
 {See Manual, § 66.) 
 
 A violation of the probationary conditions should be investigated as care- 
 fully with the same purpose in mind as in a preliminary investigation; the 
 violation may have been accidental or unimportant, in which case little 
 need be done; it may have been premeditated or serious in its nature, in which 
 case prompt and' decisive action should be taken. Failure to act with reason- 
 able decision and force in cases of violation of probation is one of the most 
 common and serious errors in the administration of probation and is liable to 
 bring the entire system into disrepute. 
 
 § 36. Extradition of Absconders. A probationer placed on pro- 
 bation after being convicted of either a felony or a misdemeanor, 
 and who absconds to another state, can be extradited as a fugitive 
 
Manual foe Peobation Offioees, 49 
 
 from justice at any time during the continuation of his proba- 
 tionary period, either as originally imposed or subsequently ex- 
 tended. 
 
 § 37. Revocation of Probation; Commitment. A court or magis- 
 trate in its or his discretion may revoke and terminate probation ; 
 and thereupon may impose any penalty as though the probationer 
 had not been placed on probation. (General provision : Criminal 
 Code, § 11-a, subdiv. 4. In courts prosecuting cases by indict- 
 ment: Criminal Code, § 483, subdiv. 4, and § 487. In inferior 
 courts: Penal Law, § 2188.) 
 
 So far as practicable the revocation of prc^bation in the case of 
 a child in the children's courts of New York City shall be made 
 by the justice who placed the child on probation, and in the case 
 of an adult in a board of magistrates of New York City, by the 
 magistrate who placed such adult on probation. {Laws of 1910, 
 chap. 695, § 100; amended by Laws of 1911, chap. 757.) 
 
 In the City Court of Buffalo so far as practicable the revocation 
 of probation shall be made by the judge who placed the adult on 
 probation. (Laws of 1909, chap. 570, § 105.) 
 
 If, after beiug placed on probation, the status of the probationer 
 has changed with reference to his legal eligibility for commitment 
 to certain institutions, the court in imposing sentence can commit 
 him only to such an institution as is authorized by law to receive 
 commitments of persons of his age at the time of such commit- 
 ment, and for the offense for which he was originally convicted 
 and placed on probation. (Criminal Code, § 11-a, subdiv. 4.) 
 
 If the probation accompanies the suspension of the imposition of sentence, 
 the court in subsequently sentencing a probationer for violating the probation- 
 ary conditions can impose any length of sentence which might have been im- 
 posed at the time the defendant was originally convicted and placed on 
 probation. 
 
 If, on the other hand, the probation is super-imposed upon the suspension 
 of the execution of sentence, any subsequent commitment of the probationer 
 for violating his probationary conditions can be only until the date on which 
 the sentence, the execution of which was suspended, would end had there been 
 no such suspension of its execution. (Criminal Code, § 483, suidiv. 4.) 
 
 For the distinction between suspension of the imposition of sentence, and 
 suspension of the execution of sentence, see Mamial, § 22. 
 
50 Manual fob Probation Officees. 
 
 § 38. Discharge of Probationers. The court or a magistrate 
 thereof may at any time discharge a probationer. (Criminal 
 Code, § 11-a, subdiv. 4.) 
 
 It is usually desirable that probationers about to be discharged be discharged 
 privately in the magistrate's private office rather than in open court. Proba- 
 tioners are often benefited if given a few final words of advice and encourage- 
 ment by the magistrate. A probation officer has no authority to discharge a 
 probationer. 
 
 § 39. Transfer of Probationers to Another Probation Officer in 
 the Same Court. Either a court or a magistrate of the court may 
 transfer a probationer from the supervision of one probation 
 officer serving within the jurisdiction of such court, to the super- 
 vision of another probation officer serving within the jurisdiction 
 of the same court. Whenever such a transfer is made, it shall 
 be reported by the court or magistrate to both of such probation 
 officers and to the probationer, and a record of the transfer shall 
 be filed with the records of the case. {Criminal Code, § 11-a, 
 subdiv. 5.) 
 
 Such a transfer may be desirable as a means of securing supervision by a 
 probation officer who lives nearer the probationer, or who is better adapted 
 personally to deal with the case. 
 
 § 40. Transfer of Probationers to a Probation Officer in Another 
 County. Whenever a probationer resides in a county other than 
 the couaty in which he has been convicted and placed on probation, 
 or whenever a probationer desires to remove to a county other 
 than that in which he has been placed on probation, and it seems 
 likely that such removal will promote his welfare and will not 
 make him a menace or public charge to such other county, the 
 court placing him on probation, or a magistrate thereof, may 
 transfer him to a probation officer of the county to which the pro- 
 bationer is to move, or to a probation officer of any city in such 
 county. No such transfer can be legally made, however, unless 
 the probation officer to whom it is intended to transfer the pro- 
 bationer, first sends to the court or magistrate desiring to make 
 the transfer, a vrritten statement that he will supervise the proba- 
 tioner, and unless such statement is approved in writing by a 
 magistrate of the court to which such probation officer is attached. 
 
Manual fob Peobation Offioees. 51 
 
 After a probationer is so transferred, the probation ofSeer super- 
 vising him stall report concerning the oondnot and condition of 
 such probationer, to the court or magistrate making the transfer. 
 {Criminal Code, § 11-a, suhdiv. 5; also svhdiv. 2.) 
 
 A probation officer receiving a probationer by transfer, as provided above, 
 has the same powers over such probationer as though the probationer were 
 placed under his probationary supervision in the first instance. 
 
 The law would seem to contemplate that persons placed on probation shall 
 be allowed to move outside of the jurisdiction of the court only upon the per- 
 mission of the court, or of a magistrate thereof. When it is desirable to per- 
 mit a probationer to move away from the jurisdiction of the court, the proba- 
 tionary supervision can usually be much closer and more effective if exercised 
 by a probation officer who resides in the community to which the probationer 
 ia to move. 
 
 A court or a magistrate, without making a formal transfer, sometimes per- 
 mits probationers to remove to places outside of the jurisdiction of the court, 
 and requests a probation officer in such places to exercise supervision infor- 
 mally over such probationers. 
 
 § 41. Transfer of Probationers from the Supreme Court to the 
 County Court of the Same County. Whenever- a person is placed on 
 proibation in the Supreme court, the Supreme court, or the 
 justice presiding at the time the defendant is placed on probation, 
 or if the court is not in session and if such justice is not in the 
 county, any other justice of the Supreme court in the same 
 judicial district may, upon consent of the defendant or proba- 
 tioner, enter an order transferring him for the probationary 
 period or the remainder thereof to the jurisdiction of the county 
 court of the county in which he was convicted. When such a 
 transfer is made, the Supreme court shall transfer to the oounty 
 court the indictment, evidence, and certificate of conviction, or 
 a certified copy of the same. {Criminal Code, § 483, svhdiv. 3.) 
 
 The Supreme court in some counties has very few terms during the year, 
 and the different terms in any one year may be presided over by different jus- 
 tices, some or all of whom may reside in other counties. If the Supreme court 
 places a man on probation while it is presided over by a justice residing in 
 some other county, this justice may not preside over another term of the Su- 
 preme court in the same county for a year or more. If such a non-resident jus- 
 tice is presiding when the Supreme court places a defendant on probation, the 
 justice, after leaving the county, will likely be unable to keep informed con- 
 cerning the work of the probation officer, and concerning the conduct and con- 
 dition of the probationer. Flirthermore, if the probationer fails to comply 
 
53 Manual fok Peobation Osfioees. 
 
 with the conditions of his probation, or requires commitment, the justice pre- 
 siding at the time the defendant was placed on probation cannot impose sen- 
 tence unless he is again presiding over a term of the court, because a commit- 
 ment cannot be made by a justice out of court, but only by the court while 
 in session. If the probationer is returned to court, it may happen that the 
 court is then presided over by some other justice, who is totally unfamiliar 
 with the case and who also may be a non-resident of the county. 
 
 For these reasons a Supreme court justice sitting at the time a person is 
 placed on probation, or a successor of such a justice, may find it desirable to 
 transfer a, probationer to the jurisdiction of the county court. The county 
 judge knows local conditions; has close relations with the county probation 
 officer; can keep closely informed concerning the case, and is more likely to be 
 in the county if the case needs further consideration, or if the probationer 
 requires commitment. 
 
 § 42. Appeals by Probationers. The right to an appeal in a 
 criminal case is not a constitutional right, and may be had only 
 when conferred hj statute. The right of appeal in cases of pro- 
 bation is controlled, in general, by the right of appeal in cases 
 of suspended sentence. An appeal in a case of suspension of the 
 imposition of sentence (and therefore in a case of probation based 
 on such suspension) can be taken only from a court of special 
 sessions other than the Court of Special Sessions of New York 
 City, and from the Children's Part of the Monroe County Court. 
 Such appeals may be taken to the county court, " although sen- 
 tence shall have been suspended by the court in which the trial 
 was held or otherwise suspended or stayed." {Criminal Code, 
 §§ T49, T50), except that appeals from the Children's Part of the 
 Monroe County Court are to be taken to the Appellate Division 
 of the Supreme Court. 
 
 The Greater New York charter provides that any appeal from the Court 
 of Special Sessions in that city must be taken directly to the Supreme court, 
 and that the procedure must be similar to that of appeals from courts which 
 prosecute cases by indictment. In courts which prosecute cases by indict- 
 ment — that is, county courts, the Court of General Sessions of New York 
 county, and the Supreme Court • — no appeal may be taken in a case of proba- 
 tion based on the suspension of the imposition of sentence, because the 
 provisions of § 517 of the Code of Criminal Procedure have been held 
 not to apply to cases where sentence is so suspended. {People v. Mark- 
 ham, 114 App. Div. 387.) There can be no appeal in cases of probation 
 based on the suspension of the imposition of sentence, in the court of Special 
 Sessions (including the Children's Courts) of New York city. {People v. 
 Flaherty, 198 N. Y. 602; 126 App. Div. 65.) 
 
 In the Monroe County Court, Children's Part, the court holds that the right 
 of appeal is not affected in any way by the fact that the child is placed on 
 probation. 
 
Manual for Peobation Officers. 53 
 
 The decision of the court holds that upon suspension of sentence under the 
 statute, the judgment is not completed so as to give the right of appeal. It 
 follows that the judgment is completed under suspension of the execution of 
 sentence, and that the right of appeal exists in such cases. 
 
 If probation is based on the suspension of the execution of sentence an appeal 
 may be taken from any court. 
 
 § 43. "Informal" and "Unofficial" Probation. In a number of chil- 
 dren's courts and certain other courts probation has been more or leas used 
 without formal conviction. This has been done in cases where the judge has 
 believed the defendants guilty in order to avoid stigmatizing them with a 
 criminal record. TTie practice has been followed especially among children 
 ,and also in cases of non-support of family, where the conviction of the 
 husband might act as a hindrance to the subsequent reconciliation of the 
 husband and wife. Such cases have become known as " informal probation 
 cases." 
 
 Another class of cases with which probation officers sometimes deal is called 
 " unofficial probation cases." These are cases referred to probation officers for 
 advice or oversight, and help, in which the persons are not brought before the 
 court or judge at all. Unofficial cases usually arise through the desire of a 
 parent, teacher or some one else especially interested to have the wayward 
 habit or tendencies of a child or adult overcome without his suffering the 
 notoriety and possible other harmful effects likely to follow an arrest or ap- 
 pearance in court. Many of the cases of this character are those of girls and 
 women whom it is especially desirable to save/ from the odium of arrest and^ 
 public trial. Parents also often consult probation officers concerning their 
 boys ; and where the effectiveness of probation in non-support cases has become 
 publicly known, wives not infrequently call upon a probation officer with re- 
 spect to the failure of their husbands to provide for the family needs. In 
 many such cases the delinquency is so incipient or the family circumstances are 
 such that unless the cases could be dealt with unofficially they would never 
 come to the attention of the court, or if they should, not until it was too late 
 to secure the results possible through early unofficial treatment. 
 
 Although this kind of work on the part of probation officers is entirely with- 
 out legal sanction or authority, it is, from a humanitarian and social stand- 
 point, commendable, provided it does not interfere with the performance of 
 their official duties. 
 
 § 44. Belease by a County Court of Disorderly Persons from an 
 Institution on Parole Under a Probation Officer. The keeper of 
 every jail, penitentiary or prison to which disorderly persons are 
 committed, must return to the county court of the county on the 
 first day of each term, a list of all persons so committed and then 
 in his custody. (Criminal Code, § 908.) The county court 
 must thereupon inquire into the circumstances of each case, hear 
 any proof that may be offered, and examine the record of convic- 
 tion, wEich is evidence of the facts contained in it, until dis- 
 proved. {Criminal Code, § 909.) The county court may there- 
 
54 Manual fob Peobation Officees. 
 
 upon discharge any sucli prisoner from imprisonment, absolutely, 
 or upon kis giving security as provided in Criminal Code, ,§ 901, 
 or on parole under a probation officer. (Criminal Code, § 910.) 
 Any probation officer when requested by the county judge shall 
 act as parole officer over persons released on parole, as provided 
 above. (Criminal Code, § 11-a, subdiv. 2.) (See Manual, § 62.) 
 
 In Massachusetts the probation officers make investigations to ascertain 
 whether such prisoners should be released from further imprisonment. 
 
CHAPTER 4. 
 Duties, Powers and Methods of Probation Officers. 
 
 FAGE. 
 
 Section 50. Oath of office 57 
 
 51. Jurisdiction 57 
 
 52. Statutory duties 58 
 
 53. Preliminary investigations 59 
 
 54. Statement of, and instructions concerning probationary period 
 
 and conditions 60 
 
 55. Information concerning conduct and condition of proibationers . 60 
 
 56. Improvement of the conduct and condition of probationers. . . 61 
 
 57. Monthly reports to court or magistrate 62 
 
 58. Eecords of work 62 
 
 59. Financial accounts ; receipts 63 
 
 60. Other duties in connection with probationers 63 
 
 61. Reports to the State Probation Commission 63 
 
 62. Oversight by probation officers of persons paroled from insti- 
 
 tutions 63 
 
 63. Other duties and obligations of probation officers 64 
 
 64. Power of visiting probationers 65 
 
 65. Power of requiring reports 65 
 
 66. Power of arresting probationers 65 
 
 67. Powers in cases of adult contributory delinquency 66 
 
 [55] 
 
CHAPTER 4. 
 
 Duties, Powers and Methods of Probation Officers.* 
 
 § 50. Oath of Office. A probation officer, appointed by an elective 
 magistrate or magistrates, is a public officer, and therefore, be- 
 fore entering upon the duties of his office, must take an oath of 
 office. (Puhlic Officer's Law, § 10.) 
 
 § 51. Jurisdiction. Probation officers, except as stated below, 
 serve only within the jurisdiction of the court of the magistrate 
 or magistrates appointing them, and under the direction of such 
 court or magistrates. A salaried county probation officer may 
 serve not only within the jurisdiction and under the direction of 
 the county court, but also within the jurisdiction and under the 
 direction of the Supreme court, and of the courts of all towns, 
 villages, and third-class cities in the county, upon the request of 
 the magistrate of such respective courts. (Criminal Code, 
 § 11-a, suhdiv. 1.) A probation officer receiving a probationer 
 on formal transfer from a court or magistrate in another county, 
 should, in dealing with such transferred probationer, follow the 
 directions of the court making the transfer, and of the magistrate 
 thereof. (Criminal Code, § 11-a. svbdiv. 5.) 
 
 A probation officer has no legal authority over any person (unless placed 
 under his supervision in accordance with the provisions of law. (See Manual, 
 § 43.) 
 
 * In venturing to offer suggestions and advice concerning methods to be fol- 
 lowed by probation officers, the Commission is fully cognizant of the fact that 
 no two cases call for exactly the same treatment, and also that the manner 
 of carrying on probation work should depend in part upon local conditions. 
 There can be no cut-and-dried rules, and it is therefore unsafe for one to 
 dogmatize about probation. Nevertheless, experience with probation during 
 the past decade, not only in New York State but elsewhere, has taught many 
 valuable lessons and established several fundamental principles, which are 
 now very generally accepted. Further experience with probation may modify 
 some of our present ideas, but in this publication the Commission has 
 deemed it wise to follow the consensus of opinion of the present time and 
 has tried to do so as far as possible. 
 
 [57] 
 
58 Manual foe Peobation Offioees. 
 
 § 52. Statutory Duties. The duties of probation officers are as 
 follows : 
 
 (a) wihen so directed by the court or magistrate, to inquire 
 into the antecedents, character, and circumstances of defendants, 
 and the mitigating or aggravating circumstances of their offense, 
 and to report thereon in writing; 
 
 (b) to furnish probationers with a statement of the period and 
 conditions of their probation, and to instruct them concerning 
 the same; 
 
 (c) to keep informed concerning the conduct and condition of 
 probationers ; 
 
 (d) to aid and encourage probationers by friendly advice and 
 other means to bring about improvements in their conduct and 
 conditions ; 
 
 (e) to report in writing at least monthly to the court or magis- 
 trate concerning the conduct and condition of each probationer; 
 when a probation officer receives a probationer on transfer from 
 a probation officer in another court he shall report concerning 
 the conduct and condition of such probationer at regular intervals 
 to the couit or magistrate making the transfer ; 
 
 (f) to keep records of their work; 
 
 (g) to keep accounts of all moneys collected from probationers, 
 to give receipts therefor, and to make at least monthly returns 
 thereof ; 
 
 (h) to perform such other duties in connection with proba- 
 tioners as the court or magistrate may direct; 
 
 (i) to make such reports to the State Probation Commission 
 as it may require; 
 
 (i) to act, when so requested by the county judge, as parole 
 officer over persons paroled under provisions of the Criminal 
 Code, § 910. {Criminal Code, § 11a, suhdiv. 2.) 
 
 In the County Court of Monroe County, Children's Part, any 
 probation officer, when so requested by the court or judge, shall 
 make an investigation as to whether a summons should 'be issued to 
 require a child and its parents, guardian, or other person having 
 the custody or supervision of such child, to appear before the 
 court. (Laws of 1910, chap. 611, § 4.) 
 
Mantjal for Pkobation Offioees. 59 
 
 In tlie Court of Special Sessions of Yonkers, it is the duty of 
 the probation officers to be present in court at such times as 
 directed; to refrain from divulging or communicating to any per- 
 son other than to the State Probation Oommission, 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; and, upon the termination of the probation period, to 
 report the fact of the termination to the court. {Laws of 1908, 
 chap. 452, §§ 16, lY, 18.) 
 
 § 53. Preliminary Investigations. Every probation officer, when 
 so directed by the court or a magistrate thereof, shall inquire 
 into the antecedents, character, and circumstances of any person 
 or persons accused withiu the jurisdiction of such court, and 
 shall investigate the mitigating or aggravating circumstances of 
 the offense of such person, and shall report thereon in writing to 
 such court or magistrate. (Criminal Code, § 11-a, subdiv. 2.) 
 
 For a discussion of the purposes and subject-matter of preliminary investi- 
 gations, see Manual, § 20. 
 
 These investigation are to be made only when the probation officer is directed 
 to do so by the court or magistrate. They are expected to be made after 
 conviction. 
 
 Probation officers should seek information from as many sources as possible, 
 and be discriminating as to the relative competency and credibility of the per- 
 sons from whom they obtain information. In making investigations, proba- 
 tion officers usually interview the defendant, the members of the defendant's 
 family, neighbors, and other persons. They also consult any records that are 
 available and often write or telegraph to other places for information. 
 
 All inquiries should be painstaking, for any misinformation might work 
 serious injustice. 
 
 Inquiries should be conducted very discreetly, lest the probation officer un- 
 necessarily harm the defendant by letting it become more widely known that 
 he has been arrested or convicted of crime. 
 
 If a probation officer interviews the defendant, he should carefully respect 
 the defendant's constitutional right of not being forced to give evidence against 
 himself. Probation officers should not extract confessions of guilt from de- 
 fendants to be used against them in any way. It is not intended that inquiries 
 into the mitigating or aggravating circumstances of the offense shall be for the 
 purpose of ascertaining the innocence or guilt of the defendant. The inquiries 
 concerning the offense should concern only such facts as whether the offense 
 was in some degree excusable, or whether it was wilful and malicious. 
 
 While the court may do with the written reports on preliminary investiga- 
 tions as it pleases, it is desirable — especially when the defendant is placed on 
 
60 Manual foe Peobation Officees. 
 
 probation — that either the original or a duplicate of the report should be 
 kept by the probation oflBoer with his other records. 
 
 The State Probation Commiasion furnishes forms on which these reports may 
 be written. {See Manual, § 82.) 
 
 § 54. Statement of, and Instructions Concerning, the Probationary 
 Period and Conditions. Every probation officer must furnish to 
 each person placed on probation under his supervision, a state- 
 ment of the period and conditions of the probation, and must 
 instruct the probationer concerning the same. (Criminal Code, 
 § 11-a, suhdiv. 2.) 
 
 The conditions enumerated in the statement should include all of those 
 imposed by the court or magistrate. Whenever the court or magistrate modi- 
 fies either the period or the conditions of probation, the probation officer 
 should) give the probationer a statement of such changes. The p^robation offi- 
 cer should preserve a copy of each statement given to a probationer. Such/ 
 statements indicate to the probationer and to the probation officer what is 
 required and expected, and make it impossible for the probationer to claim 
 later that he was ignorant of the requirements of the probation. 
 
 The law contemplates that probation officers shall also explain the pur- 
 poses and requirements of the probation to probationers; because, otherwise, 
 some probationers — such as recent immigrants, children, and those who are 
 illiterate or mentally deficient — may be unable to understand or appreciate 
 the contents and significance of the written statements. 
 
 The State Probation Commission furnishes forms for these statements. En- 
 closing the statements in heavy envelopes tends to prevent them from becom- 
 ing soiled or torn. 
 
 § 55. Information Concerning the Conduct and Condition of Pro- 
 bationers. Every probation officer is expected to keep informed 
 concerning the conduct and condition of each probationer placed 
 under his care. {Criminal Code, § 11-a, suhdiv. 2.) 
 
 In order that the probation officer may deal intelligently with each proba- 
 tioner, and may keep the court informed concerning the probationer, and — if 
 serious violations of the probationary conditions occur — may return him to 
 court, it is important that the probation officer shall have continual knowl- 
 edge of the probationer's manner of life, habits, inclinations and surround- 
 ings. This requires that the probation officer shall see the probationer, visit 
 his home, and make inquiries from members of his family and various other 
 persons, once a week, if possible, or at frequent intervals. This is perhaps 
 the most difficult, but is one of the most important, tasks of the probation 
 officer. 
 
 Inquiries by probation officers should be made witJi discretion. (See caution 
 under Manual, § 53, and also § 66, for note about investigating rumors of 
 misconduct. ) 
 
Manual foe Peobation Offioees. 61 
 
 § 56. Improvement of the Conduct and Condition of Probationers. 
 Every probation officer should aid and encourage probationers by 
 friendly advice, admonition, and such other measures, not incon- 
 sistent with the conditions imposed by the court or magistrate, as 
 may seem most suitable to bring about improvement in their con- 
 duct and condition. {Criminal Code, § 11-a, subdiv. 2.) 
 
 This is the moat important and essential element in the probation system. 
 
 The relations of the probation officer to those under his probationary care 
 should be as friendly, personal and helpful as possible. The most effective 
 factor in probation work, as a rule, is the personal example and influence of 
 the probation officer. He is expected to befriend those under his care, to win 
 their confidence, and to study their temperament, abilities and special needs. 
 He should also aid them in thinking out their problems ; advise them ; develop 
 in them proper ethical standards, as well as self-control; inspire laudable and 
 practicable ambitions; and suggest practical ways of bettering their surround- 
 ings and manner of life. He should also aid his probationers in objective 
 ways, such as securing employment for them, inducing them to avoid unde- 
 sirable companions, increasing their opportunities for wholesome recreation, 
 adjusting difficulties and improving conditions in their home, and getting them 
 to start bank accounts and to take proper pride in their personal appearance. 
 
 One of the most important phases of probation work is the securing of 
 employment for probationers as soon as they are placed on probation. A 
 large percentage of the men who are placed on probation come directly from 
 the police station or the jail, and are, in the great majority of cases, without 
 present or prospective employment. In view of this condition it is necessary 
 in order to handle the cases properly that the probation officer be able to 
 supply such persons as are placed under his supervision with employment 
 best fitted to their needs. There are several ways in which this may be 
 done, but by far the most effective is the establishment of an employment 
 bereau in connection with the probation officer's regular work. By soliciting 
 the assistance of large employers of labor and business men such a bureau 
 may be made very valuable and will be a. great factor in securing the desired 
 results of probation. This bureau should be as diversified as possible and 
 should be able to furnish employment to skilled and unskilled persons placed 
 on probation. 
 
 A probation officer should also secure the friendly co-operation of clergy- 
 men, social settlements and religious organizations of the same faith as that 
 of the probationer, benevolent organizations and various other agencies and 
 persons. Probation officers should be especially careful to respect the religious 
 convictions and connections of their probationers. Religion is often one of 
 the most potent factors in reforming character, especially during the period 
 of adolescence. It is often helpful when a person guilty of public intoxicar 
 tion takes a pledge to have him do so before his own clergyman. 
 
 Whenever necessary, probation officers should persuade a probationer to 
 seek medical advice or treatment. If the probationer is unable to pay for 
 such services, the probation officer can usually secure a, physician who will 
 
62 Manttal .foe Peobation Officers. 
 
 give his services. It is sometimes important also to secure charitable relief 
 for probationers or their families. This should be done with discrimina- 
 tion and probationers made self-supporting and self-sustaining as early as 
 possible. 
 
 § 57. Monthly Reports to the Court or Magistrate. Every pro- 
 bation officer must report in writing at least monthly, to the 
 court having jurisdiction over such probationers, or to a magis- 
 trate thereof, concerning the conduct and condition of each pro- 
 bationer. {Criminal Code, § 11-a, stuhdiv. 2.) 
 
 While such reports may be either detailed or brief, according to the desires 
 of the court or magistrate, they should give all the facts which it is im- 
 portant for the court or magistrate to know concerning each probationer. 
 Jr'robation officers should take pains to obtain full information concerning 
 any violations which are either rumored or are known to have occurred. In- 
 quiry into the facts and circumstances surrounding alleged violations some- 
 times discloses that such violations did not occur, or that the rumors con- 
 cerning them were inaccurate as to details or were exaggerated. 
 
 When violations of the probationary conditions occur they may be either 
 slight or serious, and the probation officer in judging their seriousness should 
 make due allowance for the age, temperament, mentality, history and circum- 
 stances of the probationer. Unless otherwise directed by the court or magis- 
 trate the probation officer will usually find it advisable not to return the pro- 
 bationer to court unless the violations are serious. Slight failures to observe 
 the probationary requirements can, as a rule, be dealt with by the probation 
 officer. 
 
 Whenever a probation officer, however, is convinced that a probationer is 
 persistently violating his probationary conditions and ought not to be at 
 large in the community, he should recommend that the probationer be returned 
 to court. 
 
 The original or a duplicate of each such report should be filed by the pro- 
 bation officer with his records of the case. The State Probation Commission 
 supplies forms for these monthly reports. {See Manual, § 82.) 
 
 § 58. Records of Work. Every probation officer must keep 
 records of his work. (Criminal Code, § 11-a, suhdiv. 2.) 
 
 Probation officers, when so directed by the court or magistrate, must make 
 written report concerning preliminary investigations; they must report in 
 writing to the court or magistrate at least monthly concerning each proba- 
 tioner; they must keep accurate and complete accounts of all moneys col- 
 lected; and they must make such reports as the Sitate Probation Commission! 
 may require. In addition to these duties required by law, it is desirable that 
 probation officers keep other records of their work. j 
 
 The iState Probation Commission furnishes probation officers with forms for 
 their records and reports. (For a, further discussion of records, and for an 
 account of the nature and uses of the forms supplied by the State Probation 
 Commission, see Mwmml, chap. 5.) 
 
Manual foe Peobation Offioees. 63 
 
 § 59. Financial Accounts; Eeceipts. Probation officers must keep 
 accurate and complete accounts of all moneys collected from pro- 
 bationers in fines, restitution, and reparation, and payments for 
 family support, or in any otber form; give receipts therefor, and 
 make at least monthly returns thereof. (Criminal Code, § 11-a, 
 subdiv. 2.) (See Manual, § 86.) 
 
 § 60. Other Duties in Connection with Probationers. Every pro- 
 bation officer must perform such additional duties in connection 
 with probationers placed under his care as the court or magis- 
 trate may direct. (Criminal Code, § 11-a, subdvv. 2.) 
 
 In the Buffalo City and Cliildien's Courts, tlie New York City Boards of 
 Magistrates, Court of Special Sessions, and Children's Courts, and the Syra- 
 cuse Court of Special SeBsions and the Monroe County Court, Children's Part, 
 the probation officers may be required to conform to rules and regulations 
 established by the magistrates or justices of such courts. (Laws of 1909, cha/p. 
 570, § 101; Laws of 1910, chap. 659, § 97; LoAm of 1910, chap. 676, § 33; and 
 LoAJos of 1910, chap. 611, §§ 11 and 19, respectively.) 
 
 § 61. Reports to the State Probation Commission. Every pro- 
 bation officer must make such reports to the State Probation Com- 
 mission as the Commission may require. (^Criminal Code, 
 § 11-a, subdiv. 2.) 
 
 The State Probation Commission, to aid it in collecting statistical and other 
 information concerning the operations of the probation system, is authorized 
 to collect reports from probation officers. Probation officers will greatly facili- 
 tate the work of the Commission by making such reports promptly and 
 accurately. 
 
 § 62. Oversight by Probation Officers of Persons Paroled from 
 Institutions. A probation officer may act as paxole officer for any 
 State penal or reformatory institution, when requested so to do 
 by the authorities thereof. (Criminal Code, § 11-a, subdiv. 2.) 
 
 A probation officer, when so requested by the county judge, 
 shall act as parole officer over disorderly persons paroled from 
 an institution under § 910 of the Code of Criminal Procedure. 
 (Criminal Code, § 11-a, subdiv. 2.) (See Manual, § 44.) 
 
 Probation and parole are very similar in their purposes and methoda. Miost 
 of the institutions from which persons are paroled have an inadequate corps 
 of parole officers. Parole oversight, to be close and effective, can best b« 
 exercised by an officer living in the same locality as the person on parole. 
 
64 Manual foe Peobation Officees. 
 
 For these reasons it seems desirable that probation officers in so far as it can 
 be done without interfering with their probation work, should accept the duty 
 of supervising persons paroled from institutions who return to the oouununi- 
 ties in which such probation officers serve. 
 
 § 63. Other Duties and Obligations of Probation Officers. Any 
 pnobation officer who violates any provisions of law relating to 
 public officers or to probation officers is guilty of a misdemeanor. 
 {Penal Law, § 1841.) It is a crime for a probation officer to 
 act as a public officer without having filed the required oath of 
 office {Penal Law, § 1820) ; to ask or receive, or consent to re- 
 ceive, any emolument, gratuity or reward, or any promise 
 of the same, or any money, property or thing of value or 
 personal advantage, except such as may be authorized by law, 
 for doing or omitting to do any official act, or for having per- 
 formed or omitted to perform any act whatsoever directly or in- 
 directly related to any matter in respect to which any duty or dis- 
 cretion is by law or in pursuance of law imposed upon or vested 
 in him, or may be exercised by him by virtue of his office {Penal 
 Law, .§§ 1823, 1826) ; to ask or receive any reward for deferring 
 the performance of any official duty {Penal Law, § 1829) ; to 
 make any corrupt bargain for an appointment to office {Penal 
 Law, § 1832) ; to sell the right to discharge the duties of office 
 {Penal Law, § 1833) ; to mutilate, destroy, conceal, erase, or 
 falsify any record appertaining to his office, or to fradulently ap- 
 propriate, or secrete with intent to appropriate, any money, evi- 
 dence of debt or other property entrusted to him by virtue of 
 his office {Penal Law, § 1839) ; to wilfully neglect to perform 
 any duty enjoined upon him by law {Penal Law, §§ 1841, 
 1857) ; to falsify any account, or wilfully to omit or refuse to 
 pay to the proper officer or authority empowered to demand and 
 receive the same, any money received by him by virtue of his 
 office {Penal Law, §§ 1865, 1866). 
 
 Every probation officer should acquaint himself with the laws relating, 
 directly or indirectly, to crimes, court procedure, public officers, and any other 
 subjects which concern probation officers. He should always be ready and 
 willing to accept probationers transferred from another officer to his super- 
 vision and should be careful to make such reports as are required by law 
 to the court making the transfer. No probation officer should in any vray 
 exceed his authority, infringe upon the rights of defendants or probationers, 
 or transgress any provision of law. 
 
Manual foe Probation Offioees. 65 
 
 § 64. Power of Visiting Probationers. Each probationer shall 
 permit the probation officer to visit him in a reasonable manner 
 at his place of abode or elsewhere, and to answer any reasonable 
 inquiries concerning his conduct and condition. (Criminal 
 Code J § 11-a, suhdiv. 4.) Every probation officer may require 
 such reports by probationers under his care as are reasonable or 
 necessary and are not inconsistent with the conditions imposed by 
 the court or magistrate. (Criminal Code, § 11-a, suhdiv. 3.) 
 
 Visitation by the probation officer to the homes and environments of his 
 probationers is indispensable as a means of securing full' and reliable informa- 
 tion concerning those on probation, and of bringing about improvements in 
 their home life. These visits should be especially frequent in cases of chil- 
 dren, non-supporting husbands and other cases where the home conditions 
 are important factors. In order to see men in their homes it is often neces- 
 sary to visit them in the evening. It is advisable that such visits be made 
 weekly if possible. 
 
 § 65. Powers of Requiring Reports from Probationers. The pro- 
 bation officer should also require probationers to make personal 
 reports to him at least weekly. These reports so far as possible 
 should be in person, and preferably at some place other than at 
 the court or a police station. They should also preferably be 
 made by each probationer at a separate time, in order that the 
 probationers may not mingle or observe each other. Every pre- 
 caution should be taken to prevent the association of male and 
 female probationers, and of the young with the old, and of first 
 offenders with those more hardened in crime or vice. 
 
 It is not safe for a probation officer to rely for his information 
 about probationers solely upon their own reports. Visitations in 
 the home and inquiries from other sources are essential. 
 
 § 66. Power of Arresting Probationers. Every probation officer 
 has, as to persons placed on probation under his care, or trans- 
 ferred to his probationary supervision, the powers of a peace 
 officer. (Criminal Code, § 11-a, subdiv 3; § 483, subdiv. 3.) 
 
 A peace officer is any person who may execute a warrant for the arrest 
 of another person. Probation officers have powers of a peace officer only over 
 those who have been legally placed under his probationary care. 
 
 A probation officer has the right of executing a warrant for the arrest of 
 any probationer who has been placed on probation under his care, provided 
 
 3 
 
66 Manual foe Probation Officers. 
 
 the warrant has been issued by a, magistrate of the court having jurisdiction 
 over such probationer. This must be the magistrate of the court which placed 
 the probationer on probation, except that when the probationer has been 
 transferred from the Supreme court to the county court of the same county 
 (as provided in Criminal Code, § 483, suhdiv. 3), the warrant can be issued 
 only by the county judge. 
 
 Warrants for the arrest of a probationer may also be executed by a sheriff, 
 deputy sheriff, policeman or constable. 
 
 A probation officer has no right to arrest any probationer except on a, war- 
 rant, unless the probationer commits an offense for which any peace officer or 
 any private citizen could arrest the probationer ; that is to say, unless ( 1 ) the 
 probationer, after being placed on probation, has committed a crime or vio- 
 lated some law in the presence of the probation officer; or unless (2) the pro- 
 bationer has committed a felony, although not in the presence of the proba- 
 tion officer. (See Criminal Code, § 183.) 
 
 A probation officer after arresting a probationer must take such proba- 
 tioner as soon as possible before the court or magistrate or deliver the pro- 
 bationer to the proper authorities for detention until the court or magistrate 
 is ready to arraign the probationer. [See Manual, § 35, and note to § 57.) 
 
 § 67. Powers in Cases of Audult Contributory Delinquency. "When 
 a person charged with adult contributory delinquency is placed 
 on probation without first being convicted of the offense, the 
 probation officer cannot require such probationer to do more than 
 satisfy inquiries regarding the conduct or condition of the child, 
 or regarding the conduct or condition of the probationer in so far 
 as it relates to the conduct of the child. (Penal Law, § 494, 
 subdiv. 2.) 
 
 If the person is convicted of this crime, the probation officer has the same 
 power as over any other probationer legally under his care. 
 
CHAPTEK 5. 
 Records, Reports, Forms, Accounts and Statistics. 
 
 PAGE. 
 
 Section 80. Court records 69 
 
 81. Probation officers' records and reports 70 
 
 82. Forms supplied by Commission 70 
 
 83. Directions concerning use of forms by probation officers 71 
 
 84. Indexing and filing systems 106 
 
 85. Directions for ordering forms from Commission 108 
 
 86. Accounts of collections from probationers 109 
 
 '87. Accounts of probation officers' expenses 112 
 
 88. Accounts of relief 113 
 
 89. Reports to tbe Commission of appointments, resignations and 
 
 removals of probation officers 113 
 
 90. Probation officers' monthly statistical reports to Commission; 
 
 directions concerning their use 113 
 
 91. Other reports by probation officers to Commission 116 
 
 92. Probation statistics 116 
 
 [67] 
 
CHAPTER 6. 
 Records, Reports, Forms, Accounts and Statistics. 
 
 § 80. Court Records. A duplicate of each order of appointment 
 of a proibation officer is required to be entered on the records of 
 the court of the magistrate or magistrates making such appoint- 
 ment, and a copy of the order of appointment is required to be 
 delivered to the officer so appointed, and another copy to be filed 
 with the State Probation Commission. (Criminal Code, § 11-a, 
 subdiv. 1.) {See ManvAil, % 89.) 
 
 Whenever a court or magistrate transfers a probationer from 
 the supervision of one probation officer to that of another proba- 
 tion officer, such transfer should be reported by the court or 
 magistrate to both of such probation officers, and also to the pro- 
 bationer, and a record of the transfer should be filed with the 
 records of the case. {Criminal Code, § 11-a, subdiv. 5.) 
 
 Whenever a probationer is to be formally transferred to a pro- 
 bation officer of a court in another county, the transfer cannot 
 be made until the probation officer to whom the transfer is to be 
 made, first sends the court or magistrate desiring to make such 
 transfer, a written statement that he will exercise supervision 
 over the probationer, and until such statement is approved in 
 writing by the magistrate of the court to which such probation 
 officer is attached. (Criminal Code, § 11-a, subdiv. 5.) 
 
 A record of such transfer should also be entered on the records of the court 
 making the transfer. 
 
 Whenever the jurisdiction over a defendant placed on proba- 
 tion in the Supreme court is transferred to the county court of 
 the same county, the Supreme court, or the justice thereof who 
 makes the transfer, must enter an order transferring the proba- 
 tioner, and must also transfer to the county court the indict- 
 ment, evidence and certificate of conviction, or a certified copy 
 thereof. (Criminal Code, § 483, subdiv. 3.) 
 
 Whenever a defendant is placed on probation the court is supposed to enter 
 on the court records the fact and also the name of the probation ofScer and 
 a statement of the period and conditions of probation. The court should also 
 keep a record of any changes in the probationary period or conditions. Fur- 
 thermore, it is desirable that an entry should later be made on the court 
 records of the final results of the probation. 
 
 •■[69] 
 
70 Manual foe Peobation Officees. 
 
 Such records as the foregoing may be serviceable not only while the person 
 is on probation but also subsequently if the probationer is again arrested or 
 if the court desires to check up the cage or the work of the probation officer. 
 
 § 81. Probation Officers' Records and Reports. Every probation 
 officer must keep records of his work; make written reports of 
 preliminary investigations; furnish probationers with a state- 
 ment of the period and conditions of their probation; report in 
 writing at least monthly to the court or magistrate concerning tha 
 conduct and condition of each probationer; keep accounts of all 
 moneys collected from probationers, and give receipts therefor; 
 and make such reports to the State Probation Commission as it 
 may require. (Oriminal Code, § 11-a, suhdiv. 2.) A probation 
 officer who is to receive a probationer on formal transfer from a 
 court in another county, must first furnish to such court or a 
 magistrate thereof a written statement that he will exercise 
 supervision over such transferred probationer. (Criminal Code, 
 § 11-a, suhdiv. 5.) (For discussions of the above provisions, 
 see Manual, §§ 58, 53, 54, 5Y, 59, 61 and 40 respectively.) 
 
 Probation officers find it helpful to keep other records, and in so doing to 
 use certain prescribed blanks or forms. 
 
 § 82. Forms Supplied by the State Probation Commission. It is 
 
 of the greatest importance to preserve all the facts gathered by a 
 probation officer, in an investigation or in the course of supervis- 
 ing a probationer. The use of appropriate forms, and the adop- 
 tion of a practical filing system, enable the probation officer to 
 record information quickly; to record facts which he might 
 otherwise forget; and to arrange his facts and records systemati- 
 cally. Their use economizes his time; permanently preserves in- 
 formation which might otherwise become lost; and renders the 
 records and reports easily available for quick reference if needed 
 at some future time. The use by probation officers of regular 
 forms also economizes the time of the court, and removes doubt 
 as to what orders were given by the court or probation officer, and 
 what previous reports were made by the probation officer. Their 
 use is also of value when probation officers are required to co- 
 operate with officers in other places, either in making investi- 
 gations or in supervising transferred probationers. 
 
 Marked advantages accrue from having a imiform system of 
 forms throughout the State. 
 
 In 1908 the State Probation Commission prepared and pub- 
 
Manual foe Peobation Officees. 71 
 
 lished forms for the use of probation officers in keeping records 
 and making reports, and also a pamphlet describing their use. 
 The Commission supplied these forms to probation officers, free of 
 charge, and their use became very general throughout the State. 
 
 The forms published by the Commission in 1908 were pre- 
 pared after a careful study of hundreds of forms used in this and 
 other countries, and after consultations with a number of judges 
 and probation officers. They were the first comprehensive set of 
 probation forms ever prepared for State-wide use. The Commis- 
 sion made inquiries from time to time concerning desirable 
 changes in the forms, and during the summer of 1911 it pub- 
 lished a revised set of forms. These new forms have been dis- 
 tributed in large quantities to probation officers throughout the 
 State during the past two years, and may be had upon request 
 free of charge. In the main they preserve the principle features 
 of the earlier forms, but include a number of improvements and 
 also some additional forms. 
 
 Whenever possible, the Commission will, upon request, send its 
 secretary or assistant secretary to advise and assist probation 
 officers in installing the uniform system of forms and records 
 furnished by the Commission. 
 
 § 83. Directions Concerning the Use of Forms by Probation Officers. 
 Records which are to be preserved, and all reports to the court 
 should be filled out with a pen or typewriter. The forms can 
 often be used in jotting down pencil notes preliminary to writing 
 or dictating permanent records or reports. Whenever a record 
 or report must permanently leave the custody of the probation 
 officer it is well for him to preserve a duplicate copy. 
 
 It is usually unnecessary to use complete sentences in making 
 
 out records and reports, since the essential facts must generally 
 
 be indicated by the use of the essential words. It is sometimes 
 
 advantageous to use abbreviations in order to minimize time and 
 
 space and it is not always necessary to fill out all the items on a 
 
 form. Eiecords should be made out not for the record's sake, but 
 
 for the sake of utility. 
 
 For instructions concerning the indexing and filing of records, see Manual, 
 § 84. 
 
 The following pages are devoted to a detailed explanation of 
 each form followed by a cut of the form itself. 
 
T2 Manual foe Peobation OFriCEES. 
 
 The forms which the Commission furnishes include the follow- 
 ing: __ 
 
 Form 1. Commission as Probation Officer. 
 
 2. Probation .Officer's Oath of Office. 
 
 3. Investigation of a Child. 
 
 4. Investigation of an Adult. 
 
 5. School Report. 
 
 6. Parents' Report. 
 
 7. Church Record of Probationer. 
 
 8. Probation Officers' Monthly Case Report to the Court. 
 
 9. Probation History of Probationer. 
 
 10. Order of Probation. 
 
 11. Probationer's Report Card. 
 
 12. Pledge. 
 
 13. General Monthly Report to Court. 
 
 15. Modification of Probation. 
 
 16. Request for Transfer of Probationer to other Juris- 
 
 diction. 
 
 17. Transfer of Probationer from Supreme to County Court. 
 
 18. Warrant for Arrest of Probationer. 
 
 19. Summons for Adult Contributory Delinquency. 
 
 20. Probation Officer's Receipt Book. 
 
 21. Beneficiary's Receipt. 
 
 22. Probation Officer's Receipt. 
 
 23. Loose-leaf Pages for Ledger Book. 
 23a. Loose-leaf Ledger Book. 
 
 24. Probation Officer's Cash Book. 
 
 25. Index Juvenile Probationer. 
 
 26. Index Adult Probationer. 
 2Y. Index Juvenile Court. 
 
 28. Index Convicted Adult. 
 
 29. Probation Book. (Arranged chronologically.) 
 29a. Pages for Probation Book. 
 
 30. Monthly Statistical Report of Probation Officer to 
 
 State Probation Commission. 
 
 31. Bond for Adult Contributory Delinquency. 
 
 The Commission also furnishes manila folders for case records 
 and cards for Volunteer Probation Officers' Report. 
 
 Form 1. Commission of Appointment of Probation Officer. This 
 form is divided into two parts by a perforated line so that the 
 
Manual foe Peobation Officisrs. 73 
 
 upper part after being filled in and signed by the appointing 
 magistrate may be delivered to the probation officer. The lower 
 section is to be filled in, signed and sent to the State Probation 
 Commission. For further explanation of this form see Manual, 
 §4. 
 
 Forml. 
 
 Subdivision i, section ii-a of ll.e Code of Criminal Procedure (as amcr.d^a h\ Cliaptcr 99 of ihc Laws of 1908) requires that 
 in appointing a probation officer "thu appointment must be in writing arni tciltri-d on the records of the court m winch such 
 appointment is made, and copies of the order of appcmtment must bt; delivered to the officer so appointed and filed with the 
 State Probation Commission." 
 
 {To he delivered to the Probation O^cer.) 
 
 Commission as Probation Officer 
 
 By virtue of the power vested in me [us] by section ii-a of the Code of Criminal Procedure of the State of 
 New York, I [we] hereby appoint 
 
 
 
 N. Y 
 
 
 
 Probation Of&cer 
 
 for. 
 
 tSalarred or volunteer) 
 
 
 
 (Adidw or juv«diI«s or bolb) 
 
 ___._ Court 
 
 in. N. Y. 
 
 said appointment to take effect.. 
 
 iNaicD of J kutjcc cr Uatlistiatc making appoin 
 
 Dated 19 
 
 ..N. Y. 
 
 (To be sent to the State Probation Commission^ Albany, N. Y) 
 
 Commission as Probation Officer 
 
 By virtue of the power vested in me [us] by section ii-a of the Code of Criminal Procedure of the State of 
 
 New York, I [we] hereby appoint „ 
 
 whose address is N. Y. 
 
 jt Probation Officer 
 
 (Salaried or volunUer) 
 
 for 
 
 (AdullE or juveniles or bu'.h) 
 
 1 the Court, 
 
 , - , - N. Y. 
 
 said appointment to take eliect 
 
 Dated i9 
 
 _N. Y. 
 
 I Magistrate makiag appoic 
 
Vi Manual foe Probation Officebs. 
 
 Form 2. Oath of Office. The law requires that both salaried 
 and volunteer probation officers take an oath of office. Following 
 is the form which is to be used for this purpose. For further 
 information see Manual, § 5 and § 50. 
 
 form ? 
 
 (StctiOH to. Article I, Public Officers Law.) 
 
 PROBATION OFFICER'S OATH OF OFFICE 
 
 State op New York, 
 
 ..residing at 
 
 do, hereby swear that I will support the Constitution o£ the United States and the Constitution of the State 
 of New York, and perfonn to the best of my ability the duties of the office of Probation Officer in the 
 _ „ _ Court of. _ - New York- 
 
 Sworn to before me this 
 day of. _I9._. 
 
 Form 3. Investigation of a Child. The law requires that re- 
 ports of preliminary investigations shall be made in writing. 
 (Criminal Code, § 11-a, suhdiv. 2.) This is one of the most 
 essential and helpful forms. It is a handy form on which to jot 
 down notes during the investigation and it is to be presented to 
 the court or magistrate in reporting preliminary investigations. 
 (See Mamml, § 20 and § 53.) In case the court or magistrate 
 desires to keep the reports made on this blank, the probation officer 
 should make a duplicate copy for his own records. 
 
Manual fob Peobation Officers. 
 
 75 
 
 forms 
 
 INVESTIGATION 
 
 OF A 
 
 CHILD 
 
 
 Docket No. 
 
 
 Casts No 
 
 NAME 
 
 Nickname {if impoiiaiil) 
 
 ADDRESS 
 
 
 Age — binhdny — year 
 
 Colgr 
 
 Rb™ . 1 CountrT ot birlh 
 
 LenRih of reildencc 
 
 2 
 
 (atl>er 
 
 niaibcr 
 
 child 
 
 father 
 
 moihdr 
 
 in U. S. 
 
 here 
 
 3 
 
 Eye. 
 
 Hilt 
 
 Oiher personal deicriptlon 
 
 Oiher children involved 
 
 6 A. FAMILY 
 
 
 
 
 
 
 
 . -Name J. 
 7; Kaddiris if uol Qtidt abovi ) 
 
 Relation 
 
 Age 
 
 Occupation 
 
 Weekly 
 wages 
 
 Religion 
 
 Habits, record, remarks 
 
 8". 
 
 
 
 
 
 
 
 9. 
 
 
 
 
 
 
 
 10. 
 
 
 
 
 
 
 
 n. 
 
 
 
 
 
 
 
 12 
 
 
 
 
 
 
 
 13. 
 
 
 
 
 
 
 
 14. 
 
 
 
 
 
 
 
 15. 
 
 
 
 
 
 
 
 IG. 
 
 
 
 
 
 
 
 Fin&Dcial condiii 
 
 18 
 
 ,q B. HOME AND NEIGHBORHOOD 
 
 Type of dwelling 
 
 Floor 
 
 No of Roomi 
 
 Rent pci n 
 
 onlh 
 
 , • No. penoni in houiehold 
 
 Lodgori 
 
 
 Boarders 
 
 
 - - ■ Sanitation in home 
 22.'— - 
 
 Appearance of home 
 
 
 
 
 Moral conditiont in home 
 2.1. 
 
 Ll\ed here how long 
 24. t 
 
 
 
 
 
 Rem*ik9 
 25.- 
 
 26. 
 
 27. C. PREVIOUS ADDRESS {7.(7// </a/<j) 
 
 2S 
 
 29. 'D. SCHOOL 
 
 
 
 
 
 
 30 Name 
 
 Grade 
 
 Attendance 
 
 Conduct 
 
 Scholarship 
 
 Remark* 
 
 "31. 
 
 
 
 
 
 
 32. 
 
 
 
 
 
 
 33. 
 
 
 
 
 
 
 34 
 
 
 
 
 
 
76 
 
 Manual foe Probation OFriOEES. 
 
 " E EMPLOYMENT 
 
 Employer ami adilrusa 
 
 Kind ol work 
 
 from 10 
 
 Weekly 
 wacM 
 
 Remarks 
 
 J") ■ 
 
 
 
 
 
 10 
 
 
 
 
 
 41 
 
 
 
 
 
 KmiJloynient cectificaie 
 
 Kirniatkg 
 
 11. F. CHURCH AND OTHER ORGANIZATIONS 
 
 
 j^ Niime 
 
 Pastor, teacher or leader 
 
 Remarks 
 
 Church 
 
 
 
 Sunday ichooJ 
 
 
 
 Club or KlUement 
 47 
 
 
 
 Remarks 
 43 
 
 
 
 49. G. HABITS. ASSOCIATES, INTERESTS AND ABILITIES 
 
 As;oLiales anJ (it a boy) "nang" 
 
 J, "-'-'"•'•' 
 
 iiings spent wtiere 
 
 
 
 Special intereiti 
 
 Special abiliiits Ru 
 
 away 
 
 r.c 
 
 Jeep out 
 
 Diiobedient Steal Gamble 
 51 
 
 Use tobacco 
 
 Use 
 
 l„|uor 
 
 0[lieihal)iisandreniarki 
 ii. 
 
 S6 
 
 S7 
 
 ifi H. PHYSICAL AND MENTAL CONDITION 
 
 Heredity {,-pi/cpsj; frrl'/i -iMiii</,-i/'frsf, mwiiily, ilirviiiciiliuliolism, cU.) 
 5'), 
 
 
 Under nounshej 
 
 
 Gencril health 
 f,0 
 
 Physical defect! 
 
 Eye> Ears Nose and throat Teeth 
 
 62 
 
 Skin disease 
 
 Veneiral diMue 
 
 Vermif. 
 
 Menial developmeni and condition 
 
 ft3 
 
 Secretive Social Selfish Irritabje 
 
 Self-control 
 
 Laiy 
 
 Vain 
 
 Conicienliout Easily inKuencad Remarks 
 6i 
 
 Gb. 
 
 r.r.l I. PREVIOUS COURT, POLICE, 
 
 INSTITUTIONAL, 
 
 HUMANE SOCIETY AND CHARITY RECORD 
 
 Date of heaiine 
 
 Docket No. 
 
 Complamt 
 
 Dispoiitlon and remarks 
 
 m. 
 
 
 
 
 Jti . 
 
 
 
 
 fi 
 
 
 
 
 .'2. 
 
 
 
 
 71 
 
 
 
 
 (Page 2 of Form 3.) 
 
Manual for Probation Officers. 77 
 
 J. SUPPLEMENTARY FACTS AND EXPLANATIONS 
 
 SOURCES OF INFORMATION 
 
 7 /icn-by certify Ihaf lo the bed of my hicrvtcdgc aiut belief, all llie dakmenh Iti llili refill ,itr c,}n>rl. 
 
 iPaled) '" 
 
 (Page 3 of Form 3.) 
 
 I'rvbiiln'it Olii,, 
 
T8 
 
 Manual foe Peobation Offioeks. 
 
 Form 4. Investigation of an Adult. This form is essentially tlie 
 same as form 3, with the exception that the information which is 
 to be recorded on it applies to adult cases only. 
 
 Form 4. 
 
 INVESTIGATION 
 
 OF AN ADULT 
 
 
 Do 
 
 :kct No. 
 
 
 CaM No. 
 
 NAME 
 
 Aim 
 
 
 
 ADDRESS 
 
 
 
 Sex 
 
 3 
 
 ./\£C — biilhday — ) car 
 
 Color 
 
 Race 
 
 iih.r 
 
 moTli.i 
 
 C..y,.l ir.l. ^^^^^ 
 
 .wit.1 
 
 
 ^a 
 
 Citizen 
 
 3, 
 
 Complexion 
 
 Eye* 
 
 Hair 
 
 Othci penonal dcicnpiion 
 
 
 (>. A:. FAMILY 
 
 
 
 
 
 Name 
 
 Rdaiion 
 
 Age 
 
 Occupation 
 
 Hdbits, records, remirks 
 
 s 
 
 
 
 
 
 9 
 
 
 
 
 
 10. 
 
 
 
 
 
 Tl 
 
 
 
 
 
 12 
 
 
 
 
 
 IJ 
 
 
 
 
 
 Abandonnieni, non-support or familj ditcorj 
 
 B. LIVING CONDITIONS 
 
 li wuh family, stale type of dwelling 
 
 No. perlons ID houiehold 
 
 ApitarankT of home 
 
 Moral coodiiion of home 
 
 Lived here how long 
 
 -C. PREVIOUS ADDRESSES {wH!i dales) 
 
 D, EDUCATION Kind and ai 
 
Manttal fob Peobation Officers. 
 
 79 
 
 r, E. EMPLOYMENT 
 
 Employer and addfesj 
 
 Occupation 
 
 Dales 
 
 Weekly 
 wages 
 
 Remark. 
 
 ,18, 
 
 
 
 
 
 3?. 
 
 
 
 
 
 40 
 
 
 
 
 
 ■jr 
 
 
 
 
 
 
 
 
 
 
 iS. -.F. CHURCH AND OTHER ORGANIZATIONS 
 
 49. 
 
 G. HABITS, ASSOCIATES, INTERESTS AND ABILITIES 
 
 
 
 
 jO. 
 
 Actocisiu 
 
 Spcndi evening! where and hrnv 
 
 
 
 .ir. 
 
 AniuGemcnu 
 
 Spcciil inlereiu 
 
 
 
 ^^ 
 
 Special obihtiti 
 
 Sourcctctincdme 
 
 
 
 i3 
 
 Ji'l"Jt 
 
 
 
 
 54- 
 
 55. 
 
 Use dtufis Ever take ir_e»tmcni (pr^diink ptdrag habit 
 
 Vu isbiKa 
 
 
 
 56.. 
 
 Canib!^ SleaL 
 
 Sex hibds 
 
 
 
 57. 
 
 Rsmarki 
 
 
 
 
 58. 
 
 
 
 
 
 59 
 
 
 
 
 
 60. 
 
 H. PHYSICAL AND MENTAL CONDITION 
 
 
 
 
 6] 
 
 Hc'cd>>y {'■/•i/ipsj./iiiU-i'iind'.Jiii-ss^jtisain/y. flironicaliolwlinn, ilr ) 
 
 
 
 
 Health 
 f,2 - 
 
 f'3 
 
 Pbvtical defecii 
 
 
 
 
 C.4 
 
 Menial dsM^bprneni and condiiion' .SMjh Sclf-cocrol 
 
 Laiy 'Conioeniioui 
 
 Eatily mflui 
 
 need. 
 
 Remarks 
 
 
 67 I. PREVIOUS COURT, POLICE 
 
 . INSTITUTIONAL AND CHARITY RECORD 
 
 Date arraigned 
 
 Dockei No. 
 
 Charge 
 
 Disposition and remarksl 
 
 on 
 
 
 
 
 :n. 
 
 
 
 
 1\. 
 
 
 
 
 ??. 
 
 
 
 
 [Page 3 of Form 4.) 
 
80 Manual foe Probation Officers. 
 
 J. SUPPLEMENTARY FACTS AND EXPLANATIONS 
 
 iSOURCES OF INFORMATION 
 
 I hereby ccfdjy lliat h Mc dnl o/'rity knoidi'dsc and bdkl all the stakmenh in t/iis i:^'l a 
 
 ' (SisntJ) 
 
 Walrd) .., '. ., ., n 
 
 {Page 3 of Form 4.) 
 
 P/.'^alw'i Otfieer 
 
Manual foe Probation Offioebs. 81 
 
 Form 5. School Report. The manner in which form 5 is used 
 varies in different places. In some places the teacher or priacipal 
 is supplied with a sufficient quantity of these report 'blanks to 
 last throughout the prohationary period, while in other places the 
 blanks are sent to the teacher from time to time either by mail or 
 by the probationer. The reports are sometimes mailed by the 
 teacher or principal directly to the probation officer, while in 
 other cases they are endorsed to the probationeo- without being 
 enclosed in an envelope. If the reports are brought to the proba- 
 tion officer by probationers, the probation officer must bear in 
 
 Pttatt Jilt ami in inA, and Slnd it Iht prttafttn effietr, 
 
 form a. 
 
 SCHOOL REPORT for Week Ending __ 19 
 
 Child's Name 
 
 Attendance 
 
 Scholarship 
 
 Conduct 
 
 Remarks 
 
 School Teacher 1 ^ 
 
 or \ 
 Principal) 
 
 AidUienai rvfiuwki m*jr if writttn em He iaei. 
 
 mind that the probationer may be tempted to make changes in 
 the report, although these can usually be easily detected. The 
 probation officer in all cases should if possible make frequent 
 visits to the school for the purpose of conferring privately with 
 the teacher and principal. 
 
 All school reports concerning each probationer should be filed 
 in chronological order in the case folder or envelope. This can 
 be done by clipping the reports together, one under the other in 
 the order in which they are received. 
 
 Form 6. Parents' Report. The remarks made above concerning 
 form 6 apply in their general principles to the use of form 6. 
 the parent's report. It will depend upon the character and in- 
 
82 Manual eoe Pbobation Offioeks. 
 
 telligemce of tlie parents as to whether it is advisable to request 
 them to make out a written report each week concerning their 
 child who is on probation. In many cases the reports which 
 parents make are inaccurate, prejudiced and more or less un- 
 reliable, but it is often fouad that the requirement that the parents 
 make out such a report each week exerts a beneficial influence in 
 inducing them to take more interest in their child and to do more 
 to co-operate with the probation officer. The parent's report, 
 however, is not a substitute for visits to the home by the probation 
 officer. These are indispensable. 
 
Manual fok Pkobation Offiobes. 83 
 
 Form 6. 
 
 To be filled out iy a parent of tha child and sent to the 
 Probation Offaer 
 
 PARENT'S REPORT 
 
 Concerning 
 
 (Name of child) 
 
 1. Behaves how at home? 
 
 2. Spends evenings where, and how? 
 
 Is usually at home in the evening by. what time? 
 
 3. With bad associates or in bad. places. 
 
 4. Absent from school or work, when? 
 Why absent? 
 
 5. Remarks? 
 
 Signed - 
 
 (Father or Mother) 
 
 Dated... v J9i- 
 
84 Manual for Probation Officers. 
 
 Form 7. Church Kecord. The remarks concerning forms 5 and 
 6 apply in a degree to the use o£ form 7. Perhaps the greatest 
 value of this form is the effect it has of stimulating clergymen 
 and Sunday school teachers to take a more personal interest in 
 the probationer. 
 
 FormT 
 
 To Probation Officer 
 
 Address 
 
 The CHURCH RECORD of 
 
 (NiuDa of probatiunerj 
 
 During the month ending has been as follows; 
 
 Attendance on religious services for month ending.._ _ _, iij _, 
 
 Remarks on conduct, home conditions, needs, etc _....._ 
 
 Date 19 Clergyman or Sunday School Teacher. 
 
 Porm 8. Probation Officers' Monthly Case Report to the Court. 
 The law requires probation officers to report to^ the court or magis- 
 trate at least monthly concerning the conduct and condition of 
 each probationer. (Criminal Code, § 11-a, subdiv. 2.) This 
 report enables the court to know about the progress of each pro- 
 bationer and about the faithfulness and industry of the probation 
 officer and in turn the requirement that he must make such a 
 report may stimulate him to a more faithful performance of his 
 duty. Form 8 is to be found opposite this page. 
 
 If the court or magistrate desires to keep the monthly case re- 
 port, it is well for the probation officer to preserve a duplicate 
 copy. Such reports or duplicates thereof should be filed in the 
 case folder or in chronological order. 
 
 Form 9. Probation History of Probationer. This is perhaps the 
 most important form furnished to probation officers. It is in- 
 tended to show. in chronological order and in diary or journal 
 form all that happens during the probationary period. It is of 
 value both while the person is on probation and often afterward, 
 especially if he is again arrested. 
 
Manual foe Peobation Offioees. 
 
 85 
 
 '°™* MONTHLY CASE REPORT 
 
 
 Case No. 
 
 For the month ending , 19 
 
 Docket No, 
 
 Name 
 
 Addreis. \lf vew, state the fact. ) 
 
 Aaount No. 
 
 Probation Began 
 
 10 
 
 To end 
 
 19 
 
 J«dge 
 
 Transferred from — When T 
 19 
 
 Charge or Cause 
 
 Conditions of probation 
 
 Contact 
 
 during 
 
 month of 
 
 Dates saw probationer ) .S^/TcSl 1 
 
 Dates communicated with , 
 
 At his home 
 
 At my office 
 
 Where eUef 
 
 probationer otherwise ; how ? 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Home conditions - ""wT^Zl S 
 
 School — Aitendance— Rcmirka 
 
 Employment— By vfhom?. 
 
 Nature of poiilion^ 
 
 Chtngti'tm- 
 player ,.n«. 
 Inst rcpoii } 
 
 Vfo.kinK 
 
 cieidilyl 
 
 Weekly nagct 
 
 long, why? 
 
 Observance of conditions — 
 
 Ke[iorled u fequiredf 1 Lefi lurisdiciion 
 1 withoui permiMion/ 
 
 Paid 3. 
 
 required/ 
 
 Anv Otlier , 
 
 General conduct 
 
 Aliimde towardi 
 probation 
 
 ProereiB 
 
 Remarks. (Cenr^miiHg pretatioutr; vialnlimn, enitroni/ieiit, roopcration o/olheit, netdi, actions or plans o/pnbetion offu^, t'i^ 
 
 J /ifirltv nrlr/j' lliat la llif h-sl af my kiiast'le^lgr and bi'ln'f, all llie ilalniifnis in this vtpoit iire mrrcct. 
 {Patril) - /■■' iHinnCll) , 
 
 The probation history is to be filed in the folder or envelope 
 so as to be easily accessible whenever the court or magistrate 
 desires to review the case in detail, as might occur in the event of 
 the return of the probationer to court for violating his proba- 
 tionary conditions, or at the expiration of the probationary period. 
 
 For a sample history of one probation case see Manual App. D. 
 
86 
 
 Manual foe Pkobation Officers. 
 
 form 9. PROBATION 
 
 Page I 
 
 HISTORY OF 
 
 Case No. 
 
 BBma 
 
 Uoclut no. 
 
 
 Changes jUt address (with dates) 
 
 Account No. 
 
 PART I. DIGEST 
 
 
 19 
 
 OriginaUy to end 
 19 
 
 Changed to end 
 19 
 
 Cbooged to end 
 
 19 
 
 xJKfar "'^ — 
 
 19 
 
 
 Cause or charge 
 
 Judge 
 
 Investigated b; 
 
 
 Probation officer 
 
 Transferred 
 
 On _ _ 19 , to Prob 
 
 On..- .._ .. iq . to Prol 
 
 
 
 
 
 Conditloi^ of probation 
 
 
 Month - 
 
 Dates saw probationer 
 
 Dates CO m muni - 
 Cflled with 
 probsIionrT 
 
 Progresa 
 
 Remarka 
 
 
 At home At offic 
 
 
 E 
 
 
 e 
 
 1 
 
 19 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 Page a 
 
 PART n. FULL CHRONOLOGICAL HISTORY 
 
 Detailed Account in Diary or Journal Form of What Occurs Durine Probation, and Remailts. (Jncluding conduct 
 
 and SHTroundings of probationer; things said, done atid learned by probation officer; things dont by otktrs; instructions; 
 actions by court, etc. Enlrits to be made preferably in ink.) 
 
Manual foe Peobation Officees. 87 
 
 Form 10. Order of Probation. This form is to be used by the 
 court in recjording the actual placing of the probationer on pro- 
 bation. It should be signed by the judge presiding at the time 
 of conviction, and filed with the other records of the case in the 
 probation officer's office. 
 
 Form 10. 
 
 ORDER OF PROBATION 
 
 , having been convicted of 
 
 as this Hay placed on probation for the period ending 19 
 
 While on probation he shall indulge in no unlawful, disorderly, injurious, or vicious habits or 
 conduct; shall avoid places and persons of disreputable or harmful character; shall report to the 
 probation ofificer as directed; shall not leave the jurisdiction of the Court without permission, 
 and shall observe such other conditions as are specified below or as may at any time be required 
 by the Court, the justice thereof, or the probation ofificer. 
 
 The probationer while on probation shall pay a fine or restitution -or reparation or family 
 support to , _ 
 
 {rvmg of bsn^^iciary) 
 
 to the amount of , dollars and cents ($ ) 
 
 The prcbatiens!: shall* 
 
 Dated this . 
 
 ./ 
 
 ' Justice. 
 
 ^SltUf othfr conditions, if any. 
 
88 Manual foe Pbobation OFrioEES. 
 
 Form 11. Probationer's Report Card. The probationer shall 
 make regular reports to the probation officer as directed by the 
 court. {Cnrnmal Code, § 11-a, subdiv. 4.) This card is kept 
 by the probationer and presented to the probation officer whenever 
 a report is made. 
 
 formU. 
 7»_ 
 
 You are this day placed on probation for a period ending _ 
 
 If you behave properly you will be discharged; if you do not, you can be returned to Court for 
 commitment to an institution or other treatment. While on probation you must obey thefollovring 
 rules and regulations : 
 
 1. Indulge in no unlawful, disorderly, injurious or vicious habits or conduct. Avoid harmful 
 associates and evil places. 
 
 2. Report promptly to your probation officer as directed. 
 
 3. Work, or go to school, regularly. 
 
 4. Do not leave the jurisdiction of this Court without -permission. Notify your probation 
 officer promptly of any change or contemplated change in your address. 
 
 5. Obey whatever other orders or advice the Court or your probation officer may ^ive. 
 
 6. (Other conditions ) : 
 
 Dated __ .-_191 
 
 {Face of Report Card.) 
 
Manual foe Peobation Officees. 
 
 89 
 
 BRING THIS CARD WHEN YOU REPORT 
 
 lieport at. 
 
 January 
 
 
 
 
 
 
 REMARKS 
 
 February 
 
 
 
 
 
 
 
 March 
 
 
 
 
 
 
 
 April 
 
 
 
 
 
 
 
 May 
 
 
 
 
 
 
 
 June 
 
 
 
 
 
 
 
 July 
 
 
 
 
 
 
 
 August 
 
 
 
 
 
 
 
 September 
 
 
 
 
 
 
 
 October 
 
 
 
 
 
 
 
 NOVEMBER. 
 
 
 
 
 
 
 
 December 
 
 
 
 
 
 
 
 
 -i 
 
 r---l 
 
 
 The name of your probation officer is 
 
 (Reverse of Report Card.) 
 
90 Manual foe Peobation Offioees. 
 
 Form 12. Pledge. This form should be used very conservatively 
 — never unless the probationer seems sincerely desirous of taking 
 the pledge and there is reason to believe that he will observe it. It 
 is usually wise to limit the period for which it is taken to a rela- 
 tively brief time. One copy of the pledge should be given to the 
 probationer and another copy should be retained by the probation 
 officer. The pledge may be administered either by the judge of 
 the court, probation officer or a clergyman. It is often most 
 effective when administered by a clergyman. 
 
 rorm 12. 
 
 In order to avail myself of the chance offered me, 
 by being placed on probation, to become a sober and 
 more useful citizen, I hereby solemnly take the following 
 
 ^^ PLEDGE ^^ 
 
 I will not taste or drink any intoxicating liquor of 
 
 any kind for the period of at least 
 
 from to-day. 
 
 Signed 
 
 Date 1 9 1 
 
 Form 13. General Monthly Eeport of Probation Officer to Court. 
 
 Every probation officer must report in writing at least monthly 
 concerning the conduct and condition of all probationers under his 
 care. (Criminal Code, § 11-a, suhdiv. 2.) 
 
 This form is divided in two parts ; part one is given over to 
 statistics of the officers' cases for the month, and part two is a 
 complete list of the probationers under oversight at the end of the 
 month showing their names, period of probation, etc. 
 
Manual foe Peobation Offioees. 
 
 91 
 
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92 Manual for Probation Officers. 
 
 form 15. ^^ 
 
 MODIFICATION OF PROBATION. 
 
 To.. 
 
 This notifies you that your probation which began on 
 
 , 19 is hereby modified as follows: 
 
 On and after. - 19 , you are to be under the 
 
 probationary supervision of Probation Officer. , 
 
 whose address is _ , and who is 
 
 empowered to exercise such probationary supervision over you, 
 
 The period of your probation is changed to end on 
 
 19 
 
 The conditions of your probation are unchanged except as follows: 
 
 Dated this. .; day of 
 
 19 
 
 Justice. 
 
Manual foe Probation Offioees. 93 
 
 Form 15. Modification of the Order of Probation. Form 15 is 
 for use whenever the court or magistrate, or upon their .order, the 
 probation officer, naakes any change in the period or conditions of 
 probation, or when the court or magistrate, or with their per- 
 mission, the chief probation officer, transfers the probationer to 
 another probation officer. The provision of the Code of Criminal 
 Procedure, § 11-a, subdiv. 2, that the probation officer shall fur- 
 nish all probationers with a statement of the period and condition 
 of their probation, seems to contemplate that he shall also furnish 
 them with a statement of any modifications of the period or con- 
 ditions of their probation. {8ee Manual, § 27.) Whenever a 
 probationer is transferred from one probation officer to another in 
 the same court, the transfer must be reported to the probationer 
 and a record of the transfer must be filed with the records of the 
 case. {Criminal Code, § 11-a, subdiv. 5.) 
 
 From the foregoing it appears that one copy of this form should 
 be given to the probationer and another copy should be filed with 
 the probation officer's records. 
 
 Form 16. Request for Transfer of Probationer to Other Jurisdic- 
 tion. This form is used when a probationer is to be transferred to 
 a probation officer in another court, but when the jurisdiction over 
 the probationer is to remain in the court which originally placed 
 him on probation. It is divided by a perforated line into two 
 portions. The upper portion is intended for the probation officer 
 who is requested to accept the supervision of the pro^bationer. 
 The lower portion is intended to be returned by such probation 
 officer to the court desiring to transfer the probationer. {See 
 Manual, § 40.) 
 
94: Manual foe Pbobation Officers. 
 
 Form 16- 
 
 Request for Transfer of Probationer to Other Jurisdiction 
 
 New York. 
 ( Name of court.) 
 
 19 
 
 To Probation Officer. 
 
 , , New York. 
 
 A person named , aged years, 
 
 was convicted of, or adjudged 
 
 and was placed on probation in the above-named Court on 191 , 
 
 for a period ending on 19 The probationer has 
 
 been placed under the supervision of Probation Officer _ 
 
 of this Court. 
 
 The probationer, whose present address is 
 
 , New York, desires to reside at 
 
 - New York, for these reasons: 
 
 It seems likely that permitting the probationer to reside, as desired, outside the jurisdiction 
 of this Court will promote his (her) welfare without making him (her) a menace or public charge 
 to the community in which he (she) desires to reside. 
 
 Therefore, I respectfully request, pursuant to the provisions of the Code of Criminal Pro- 
 cedure. Section ii-a. Subdivision 5, that you notify me as early as possible, on the attached 
 certificate of acceptance, whether you will agree to supervise the above-named probationer 
 while he (she) resides in your jurisdiction. If you will do so, you are hereby authorized, upon 
 signing and returning the attached certificate of acceptance, to supervise the said probationer, 
 in accordance with law, on and after the date on which you sign and return the said certificate 
 (or on and after 19 ). 
 
 Respectfully. 
 
 Probation Officer, 
 
 Scii.' York. 
 
 .Approved: 
 
 Justice. 
 
Manual fob Probation Officers. 95 
 
 Form 15. (Continued) 
 
 Certificate of Acceptance of Transfer of Probationer 
 
 , ^e.w York. 
 
 ( Name of court.) 
 
 19 
 
 To Probation 0£u:er... - 
 
 -. , New York. 
 
 Complying with your request of 19 
 
 I hereby agree, on and after „ 19 , to exercise 
 
 probationary supervision over. - 
 
 who was placed on probation in the Court of 
 
 , New York, on 19 , for 
 
 a period ending on 19 
 
 I agree, while the probationer remains tmder my supervision, to report monthly concern- 
 ing the conduct and condition of the said probationer to the Court which placed the probationer 
 
 on probation. 
 
 Respectfully, 
 
 - , Probation Officer, 
 
 , New York. 
 
 Approved: 
 
 _ JuMicr. 
 
96 Manual foe Pbobation Offioees. 
 
 Form IT. Transfer of Probationer from the Supreme Court to the 
 County Court of the Same County. This form is intended for use 
 when the jurisdiction over a probationer placed on probation in 
 the Supreme court is to be transferred completely to the county 
 court of the same county. (See Marmal, § 41.) 
 
 Form IT. , 
 
 TRANSFER OF PROBATIONER FROM SUPREME TO COUNTY COURT. 
 
 THE PEOPLE OF THE STATE OF 
 NEW YORK 
 
 The above-named _ , having been 
 
 convicted in the Supreme Court of County, 
 
 on : 19 , of _ 
 
 and having been placed on probation on 19 
 
 is hereby transferred, upon his consent, to the jurisdiction of the County Court of 
 
 County, pursuant to the provisions of 
 
 Subdivision 3 of Section 483 of the Code of Criminal Procedure. 
 
 The above-named probationer shall continue 011 probation luidcr the control of the 
 above-named County Court for such period and under such conditions as have already 
 been determined or as the said County Court or the judge thereof shall hereafter determine ; 
 and his status as a probationer shall hereafter be the same as though he were originally 
 placed on probation by the said County Court. 
 
 Dalid this _ day of 
 
 Justice. 
 
MAinjAL FOE Peobation Offioees. 97 
 
 Eorm 18. Warrant for Probationer. (Bencli Warrant.) Eorm 
 18 is to be used when a court desires to issue process for the re- 
 arrest of any probationer who has violated the conditions of his 
 probation. (See Mcmwdl, § 35 and § 66.) 
 
 Form 10 
 
 WARRANT FOR PROBATIONER. 
 
 STATE OF NEW YORK 
 COUNTY 0F..._ _ 
 
 j- 
 
 IN THE NAME OF THE PEOPLE OF THE STATE OP. NEW YORK: 
 
 To any sheriff, constable, marshal, police officer in this State [or in the CoUiltJ^ o{ 
 
 ] or to any probation officer of this Court. 
 
 Whereas , . ...„...»«..»»...,» 
 
 who was convicted in the _ „... .._ „_...„..._»....„.,.„„...CoSrt 
 
 of , New York, on ..^ .I9 , 
 
 on the charge of _ , _ _ __ _ ....;..iw....n.«, 
 
 and who was placed on probation on said Charge, has violated tlie conditions of his probation; 
 
 You are hereby commanded forthwith to arrest the above-named. __.. ._. „„, 
 
 and bring him before the above-named Court, 
 
 or if the said Court is adjourned, to deliver him to the proper authorities to be kept in custody 
 
 until lawfully released. 
 
 Dated this. day o}\ 
 
 ..m ■ ^'^^^ 
 
 (Seal) 
 
 Form 19. Summons for Adult Contributory Delinquency. When- 
 ever a person is believed to have contributed to or is responsible 
 for the delinquency of any child, such person may be summoned 
 to appear before the court upon an oral or written complaint, to 
 the end that an investigation may be made into the charge. 
 {Fmal Law, § 494, svhdiv. 2.) This form may be used by the 
 magistrate in making such a summons. (See Mwnval, % 32.) 
 
 Form 20. Probation Officer's Receipt Book. Probation officers 
 must keep accurate and complete accounts of aU moneys collected 
 from probationers in fines, give receipts therefor, and make at 
 least monthly returns thereof. {Criminal Code, § 11-a, svhdiv. 
 2.) The receipt book contains duplicate pages so that when a 
 4 
 
98 Manual foe Probation Officees. 
 
 sum of irioney is received from a probationer the original receipt 
 is to be torn out and given to that probationer, and the duplicate 
 is to remain in the book as a reference for the probation officer. 
 (See Manual, § 59.) 
 
 form 19„ 
 
 SUMMONS FOR ADULT CONTRIBUTORY DELINQUENCY 
 
 STATE OF NEW YORK, 
 County of _ 
 
 IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK: 
 To 
 
 You are hereby summoned to appear before the.. 
 
 Court of. , New York, 
 
 on the day of 19 , at __ o'clock in the 
 
 noon, to the end that an investigation may be made into the charge that you have 
 
 contributed to, or are responsible for ■. _ _ .; 
 
 {slau dtarge and the name of child) 
 
 Upon your failure to appear at the time and place herein mentioned you are liable to a fine 
 not exceeding twenty-five dollars (I25.00). 
 
 Dated at , New-York _ _... 
 
 Justice. 
 this day of. . 191 
 
 form 20. PROBATION OFriCE ITo. 
 
 New York, _ 191 
 
 1Recc(v€l> of. _ 
 
 the sum of Dollars and Cents ($ ) 
 
 in payment of family-support, restitution, reparation, a fine \ ^''''" *"' f"' 
 as required by court order. 
 
 THIS RECEIPT IS TO 
 
 BE KEPT BY THE 
 PERSON ON PROBATION 
 
 {SignecT) ^ 
 
 (Probation officer) 
 
Manual toe Peobation Offioees. 99 
 
 Form 21. Beneficiary's Eeceipt. A perforated line divides this 
 blank into two receipts, one of which, is to be kept by the person 
 on probation making the payment for family support or restitu- 
 tion, and the other to be given or sent to the probation officer 
 under whose jurisdiction the probationer was placed. Both re- 
 ceipts are to be signed by the beneficiary receiving the money 
 and the receipt forwarded to the probation ofiicer is to be verified 
 by that oificer. It is to be u^ed especially in cases of payment of 
 family support where the probationer pays directly to his wife 
 without availing himself of the agency of the probation ofiicer in 
 making the transaction. In this way it is not necessary for the 
 beneficiary to come to the court to receive the money from the 
 probationer. 
 
 Form 21. 
 
 W To Be Kept By The Person.On Probation 
 
 No. B. 
 
 New York, , 191 
 
 tlbi0 (tcrttfi[C0 that I have this day received from — 
 
 (Naineof pcnoa oo probatum) 
 
 the sum of....- Dollars and.- Cents {$ ) 
 
 in payment of family-support (or restitution). 
 
 (Beneficiary'\ 
 eign here /_, 
 
 (Witnessed by*> ..- 
 
 Form £1. 
 
 t^- To Be Qlven Or Sent To The Probation Officer 
 
 No. B. 
 New York,..- , 191 
 
 ZTblS Certifies that l have this day received from 
 
 (Name of penon on probation) 
 
 the sum of — -^. — Dollars and Cents ($ ) 
 
 in payment of family-support or restitution. 
 
 Verified by Probation Officer 
 
 (Beneficiary\ 
 sign here /_ 
 
 (Witnessed by)_ 
 
100 Manual foe Peobation Offioees. 
 
 Form 22. Probation Officer's Receipt. This blank is an indi- 
 vidual receipt which corresponds in substance to the receipt found 
 in form 20. It is to be kept by the probation officer and is to be 
 signed by the beneficiary receiving the payment for family sup- 
 port, restitution or reparation. 
 
 Form 22. 
 
 , New York, „ — , 19...,- - 
 
 ReCilVed^ this day from Probation -Officer .. 
 
 Dollars and Cents (t ), collected by 
 
 said Probation Officer, pursuant to Court Order from -.. — ~- 
 
 iNaini 0/ puMtianir.) 
 
 for family-support or restitution or reparation. \ 'i"o\um, I 
 
 PROBATION OFFICER 
 KEEP THIS RECEIPT 
 
 tSigned).... 
 (Witness). 
 
 Form 23. Pages for Loose-leaf Ledger Book. The ledger book is 
 to be used for keeping the different ledger accounts of the proba- 
 tioners in alphabetical order. (See Manual, § 86, for sample 
 pages.) 
 
 Form 23a. Loose-leaf Ledger Book. This book is referred to in 
 the Manual, § 86, in connection with form 23. 
 
 Form 24. Probation Officer's Cash Book. Sample pages of this 
 book and a detailed description of its use are to be found under 
 Manual, § 86. 
 
 Form 25. Index of Juvenile Probationer. Form 25 is to be used 
 as a reference card and is to Iw filed in alphabetical order. It 
 contains iu detail the fundamental facts regarding the proba- 
 tioner, together with his record, while on probation. 
 
 Form 26. Index of Adult Probationer. Excepting that this form 
 refers to adult cases only, it is in substance the same as form 25. 
 
 Form 27. Index Juvenile Court. This form is similar to forms 
 25 and 26, with the exception that instead of having spaces to be 
 filled in referring to the probationer's record while on probation, 
 it provides a place to record the juvenile court and institutional 
 record of the offender. 
 
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104 Manual foe Peobation Offioebb. 
 
 Form 28. Index of Convicted Adult. Porm 28 is similar to 
 form, 2Y, except that it applies to adult oases instead of cases of 
 children. 
 
 Form 29. Probation Book. In the prohation book the different 
 cases coming under tlie probation officer's oversight are to be 
 recorded, arranged in chronological order. It makes provision 
 for record of the date on which probation began, the name, ad- 
 dress and age of the probationer; the charge against him, the 
 court docket number and judge 'before vs^hom he was arraigned; 
 the periods of probation, the payments he is required to make, 
 the probation officer to whose oversight he has been assigned, and 
 columns for miscellaneous remarks on results achieved. 
 
 Form 29a. Pages for Probation Book. The Commission also 
 furnishes separate pages similar to the pages in the probation 
 book mentioned above, to Ibe Tised by officers who do not have a 
 sufficient number of probationers to warrant the use of the large 
 book, form 29. 
 
PROBATION E 
 
 500K 
 
 
 CHRONOLOGICAL LIST 
 
 
 
 Serial No. 
 
 Probaliui 
 
 Piobntloner 
 
 Address 
 
 Aje 
 
 diarse 
 
 Court, P«rt 
 or District 
 
 Docket No. 
 
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 Period Chnged 
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OF PROBATIONERS 
 
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Manual fob Peobation Offioees. 
 
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106 Manual foe Peobation Officees. 
 
 Form 30. Probation Officer's Monthly Statistical Report to State 
 Probation Commission. For detailed explanation of the use of 
 this blank, see Manwal, § 90. 
 
 Form 31. Bond for Adult Contributory Delinquency. Whenever 
 a person is convicted of contributing to the delinquency of a child, 
 as defined in the Penal Law, § 494, subdiv. 1, and sentence is 
 suspended, the court may place the defendant on probation for a 
 period of not more than one year provided that the court may 
 cause the defendant to give a bond to the people of the State of 
 New York, with or without sureties in a sum not to exceed $500. 
 {Penal Law, § 494, subdiv. 3.) 
 
 Manila Folder for Case Record. AH probation officers should use 
 either a folder or envelope for filing purposes. The folders pro- 
 vided by the Commission are of two sizes, as follows: Bill size 
 measures 91/^ by 7% inches, and the letter size measures 11% 
 by 9V2 inches. These are standard sizes made to fit filing 
 cabinets. Folders may be obtained either from the Commis^ 
 sion or from local dealers who sell office supplies. The use of 
 the folder is described in the Manual, § 84. 
 
 Volunteer Probation Officer's Report. This form is to be used by 
 the chief probation offi.cer of courts where volunteers are used. 
 It provides space for the names of the different volunteers, the 
 number of cases received and discharged by each one, the number 
 of investigations made, and the amount of money collected by 
 each. 
 
 § 84. Indexing and Filing Systems. The most convenient and 
 practical way of preserving records is to file them in manila 
 envelopes or folders, which in turn are kept in numerical or 
 alpha)betical order in a filing cabinet or box. All records and 
 papers concerning any one case should be placed in the same 
 folder or envelope. In such folder or envelope may be filed not 
 only the report of the preliminary investigation, the probation 
 history, the monthly case reports, and the school, parent's and 
 church reports, but also all letters, telegrams, newspaper clippings 
 and any other material that refers to the case. 
 
 At the top of the folder supplied by the Commission is a space 
 for the number of the record. When a probation officer is not 
 expecting to receive many persons on probation his folders or 
 
Manuai foe Peobation Officeep. 10'; 
 
 "'^"^ ■ bond for adult contribntory delinquency 
 
 (Penal Law, § 494) 
 
 STATE OF NEW YORK ) 
 
 [ss. 
 County of ) 
 
 Whereas an information has been laid before , 
 
 the Judge of the Court of 
 
 in the county of , charging , 
 
 the defendant, with violating Section 494 of the Penal Law in that he has contributed to, 
 
 or is responsible for, 
 
 (Suit chorse ^n<l nanu of child or children) 
 
 and whereas the defendant has appeared before the said judge for an investigation of the 
 said charge; and whereas 
 
 (i) the invcstigatioT has been adjourned for one year upon the consent of 
 the defendant, 
 
 (or 2) the defendant has been convicted of the said charge and placed on 
 
 probation for the period ending , 191...., and been 
 
 required to give a bond; 
 
 Now, we, , the defendant residing 
 
 at , in :. by 
 
 occupation a , and , 
 
 residing at , in „ „.., by 
 
 occupation a , and 
 
 residing at , in by 
 
 occupation a , sureties, do hereby jointly and severally under- 
 take that the said._ , the defendant, shall, 
 
 during the period of adjournment or of probation, as the case may be, exercise reasonable 
 diligence in the discipline and control of the said 
 
 Strike 
 out either 
 (I) or (5) 
 
 <Kaiiia of child or ciiiMKn] 
 
 to prevent a continuance or repetition of the condition, conduct, act, acts, offense or offenses 
 • >( such child(ren), which was the special cause of the above-mentioned investigation; 
 and that during the period of adjournment or of probation, as the case may be, the defend- 
 ant shall appear in court from time to time as may be ordered by the judge, and also, if 
 the investigation has been adjourned, upon the adjourned date, and that if the defendant 
 fails to comply with the above requirements we will pay the People of the State of New 
 
 York DoUais. 
 
 Dated this day 
 
 Signed. - ,. 
 
 of. 19^ 
 
108 Manual foe Psobation Offioees. 
 
 envelopes may be filed alphabetically, but if the number of caaes 
 reacbea into the hundreds, they should be filed numerically ajcoord- 
 iag to their case numbers. When the folders or envelopes are 
 filed numerically it is best to have a card index to act as a guide 
 to the folders or envelopes. 
 
 When both the card index and the folders are used, the folders 
 should be numbered consecutively according to the order in which 
 the cases receive their numbers. After the folder is n,um.bered, 
 the same number should be given to the index card which corre- 
 sponds to the folder. 
 
 § 85. Directions for Ordering Forms from the Commission. 
 
 A. Order, if possible, at least one week in advance of the time 
 the forms are desired. 
 
 B. Probation officers who desire a supply of forms for general 
 purposes are advised to inform the Commission of the approxi- 
 mate number of cases of children, and the approximate number 
 of cases of adults for which the forms are needed, and then to let 
 the Commission determine the quantities of the different forms 
 which shofuld be sent.* 
 
 If a probation officer desires forms only for children's cases, or only for 
 adult cases, he should so inform the Oommission. If the probation officer in- 
 vestigates considerable numbers of caaes of persons who are not placed on 
 probation he will likely need more of the forms for preliminary investigations 
 (form 3 for children and form 4 for adults) than he would if the number of 
 investigations corresponded approximately to the number of cases actually 
 placed on probation under his oversight. Whenever such a probation officer 
 orders forms he should state the extra number of these forms which should 
 be sent. 
 
 * For instance, if a probation officer receives 25 children on probation for 
 periods averaging six months each, he would need 25 copies of form 11. If 
 he reports to the court on each case monthly, he would require as many 
 monthly case report forms (form 8) as the number of cases (25), multiplied 
 by the average length of each probationary period measured in months (ft), 
 which would equal 150 monthly case report forms. If the probation officer 
 receives weekly reports from teachers concerning, say 15 of the 25 children, 
 he would require as many weekly school report forms (form 5) as 
 would equal the number of cases (15), multiplied by the length of the 
 probationary periods in weeks (26), which would equal 390 weekly school 
 reports. If in 10 of the cases the officer requests a written report each week 
 from parents, and a report each month from clergymen, he would need by 
 a similar computation, 260 copies of form 6 (parents' report), and 60 of 
 form 7 (church record). 
 
Manual foe Probation Offioees. 109 
 
 0. If an order includes the manila folders, indicate tlie size 
 desired. The bill size measures 9^ by 7% inches; the letter 
 size measures 11% by 9% inches. 
 
 D. If a probation officer prefers to designate the quantity of 
 each form which he desires, he should — 
 
 1. Indicate each form by its number. 
 
 2. Order in a quantity not to exceed the needs for six months. See that the 
 relative quantities of the different forms ordered, correspond to the relative 
 quantities which will be needed. 
 
 E. The following style of order is suggested for use in re- 
 questing the State Prolbatian Commission to supply forms: 
 
 " State Peobation Commission, Amant, N. Y. 
 
 Dear Sirs: — Please send me enough forms for use in 25 cases of juvenile 
 probationers and 50 cases of adult probationers, eatfh person being on pro- 
 bation for an average period of one year. Since I investigate cases which 
 are not placed on probation, please send me 25 extra copies of form 3, and 
 40 extra copies of form 4. 
 
 Yours very truly, 
 
 A B , 
 
 Prohation Officer." 
 
 § 86. Accounts of DVEoueys Collected and Disbursed by Probation 
 Officers. Probation officers are required to keep accurate and com- 
 plete accounts of all moneys collected from probationers in fines, 
 restitution, reparation and payments for family support, or in 
 any other form; to give receipts therefor, and to make at least 
 a monthly return thereof. (Criminal Code, § 11-a, subdiv. 2.) 
 
 It is a misdemeanor for any probation officer to falsify any 
 account or wilfully omit or refuse to pay to the proper officer or 
 authority, empowered to demand and receive the same, any money 
 received by him by virtue of his office. (Penal Law, §§ 1865, 
 1866.) 
 
 AH moneys collected by probation ofl&cers in fines should be paid as early 
 as possible to the clerk of the court. All moneys collected by probation 
 officers from probationers in restitution or reparation should be paid as early 
 as possible to the injured party for whom such restitution or reparation is 
 intended. All moneys collected by probation officers from probationers for 
 faanily support should be paid by the probation officer as early as pos- 
 sible to the probationer's wife or some other member of the family or some 
 other person properly authorized to receive such money. Probation officers 
 should give a receipt for each sum of money received and they should them- 
 
110 Manual foh Probation Officees. 
 
 selves secure a receipt for each sum of money which they disburse. For this 
 purpose either a simple receipt blank or the receipt blanks furnished by the 
 State Probation Commission may be used. 
 
 It is inadvisable for probation officers to keep the savings of probationers. 
 
 All moneys collected from probationers and not paid at once to the bene- 
 fioiaries, should be kept separate and apart from the probation officer's own 
 money. It is desirable for each probation officer to have a special bank 
 account for moneys collected from probationers and to make his payments 
 to the beneficiaries through checks. Tliis method prevents any misappropria- 
 tion of funds which might otherwise occur through carelessness and is an 
 aid in auditing the accounts. Furthermore, the checks which a probation 
 officer issues act as receipts. 
 
 The accounts which a probation officer keeps of the payments made by 
 probationers and of the disbursements of such moneys by the probation 
 officer should be as simple as possible and admit of easy audit. If a pro- 
 bation officer receives payments from not over half a dozen probationers, he 
 will need to keep only a ledger account, but if he receives payments from, 
 more than that number he should keep both a ledger and a cashbook. In the 
 ledger can be kept the accounts of each probationer separately, while in the 
 cashbook are entered all receipts and disbursments in their respective chrono- 
 logical orders. 
 
 In starting a cashbook, a probation officer should enter all receipts on the 
 left hand pages and all disbursements on the right hand pages. If a pro- 
 bation officer receives moneys from probationers in payment of family sup- 
 port, fines and restitution, it will facilitate his bookkeeping if he has four 
 parallel columns on each page of the cashbook, one column for each of these 
 items and the fourth column for the total. Facing this page are specimen 
 pages from a cashbook. 
 
 Referring to the page of the cash book on which receipts are entered, 
 it will be seen that the left-hand column is for the entering of the date 
 of the payment by the probationer; the next column is for entering the 
 page of the ledlger in vehich the payment is subsequently posted; the next 
 column is for entering the name of the probationer to whose account the 
 payment is to be credited; the next column is for entering the name of 
 the person actually making the payment in case the probationer does not 
 make the payment himself; the next column is for entering the amount 
 paid for family support; the next column Is for entering- the amount paifl 
 on a fine; the next column is for entering the amount paid for either resti- 
 tution or reparation, and the last column is for entering the total amount 
 of the payment which will generally be a repetition of the amount in one 
 of the three preceding columns. Although this last column apparently re- 
 quires extra work in entering the payments a second time it really saves 
 time in the end for it facilitates the balancing of accounts. 
 
 Referring to the page of the cash book devoted to disbursements or ex- 
 penditures, it will be seen that the columns correspond with those on the 
 receipt side, except that in the third column are entered the names of the 
 persons to whom the probation officer pays the money. If a payment by a 
 probationer is paid by the probationer officer to the probationer's wife, 
 it is necessary to enter on the disbursement side in the proper column the 
 name of the wife. If the payment by the probationer is in payment of a 
 fine, the money should be paid by the probation officer to the clerk of the 
 
Form 24 
 
 
 
 CASH BOOK-RECEIPTS 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Date 
 
 Leaeor 
 
 Account 
 
 Mo. 
 
 Account of 
 
 rproballontr) 
 
 Received from 
 
 Receipt 
 
 no. 
 
 Family 
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 FlllM 
 
 Rcsniullon 
 
 Totals 
 
 
 m3 . 
 
 
 
 
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 Amounts to be carried forward 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 CASH BOOK-DISBURSEMENTS 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 Account 
 
 Account ol 
 
 IFrobationar) 
 
 Faid to 
 
 Cliccit 
 
 No. 
 
 FamllT ' 
 Support 
 
 Fines 
 
 
 lestltudOD 
 
 ReparattOD 
 
 -1 — r ■ ■ 
 
 
 Totals 
 
 
 
 /^/■J> 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 .'.,/ 
 
 =^^ 
 
 pj^/ 
 
 f /^'-5'C-*'?/t<l^^^/^:;'-5t-Z--)t^^^^ 
 
 ^^5'^>-^^,-e:^»»<2-<iz5§^ 
 
 //PJ^/ 
 
 
 / 
 
 f7 - 
 
 
 
 
 
 
 
 
 
 
 
 
 / 
 
 
 
 ^ 
 
 i 
 
 
 'V 
 
 /,^ 
 
 
 •v^^'^.,^^e^,^*>< 
 
 //^2^-Z^ 
 
 
 
 
 
 
 
 
 _ 
 
 
 
 
 
 
 
 
 X 
 
 
 
 
 
 -51 
 
 V 
 
 /X.S 
 
 
 y^/f^,<L,/«-r^ . 
 
 /<^^v3 
 
 
 
 
 
 
 
 
 
 
 
 /- 
 
 z^4. 
 
 
 
 / 
 
 2, 
 
 £jeL 
 
 
 
 
 
 
 / 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Amouals 10 be csrrled forward 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 . 
 
 
Manual foe Peobation Officers. Ill 
 
 court and the disbursement side of the cash book should therefore show 
 either the title (clerk of court) or the name of the clerk. The mere entry 
 of the title or name of the clerk, however, would not in itself indicate by 
 whom the fine had been paid and, therefore, it is desirable to enter opposite 
 the title or name of the clerk a note showing by whom the payments were 
 made. Referring to the disbursement page the reader will see that the 
 payment of $3 made to the clerk of the court on January 30 was made 
 by the probation officer in behalf of a probationer named Overman. The 
 same method of indicating the source of the payment is used when the 
 payment is made for restitution or reparation to a person whose name is 
 different from that of the probationer. For example, the disbursement page 
 of the cashbook shows that the payment of $12.50 for restitution made on 
 January 31 was made in behalf of a probationer named Train. 
 
 As soon as one side of the cashbook is filled, that page and the opposite 
 page should be balanced and) the balance should be carried forward on the 
 appropriate side of the next set of pages. The cashbook should be balanced 
 frequently in order that the probation officer may keep his accounts accurate. 
 Each entry of receipts or disbursements in the cashbook should be entered 
 also either at the time or as early as possible afterwards in the ledger 
 account of the probationer. 
 
 The ledger accounts may be kept either in a bound] book, a loose leaf book, 
 or on cards. The Commission prints a form for use in keeping ledger 
 accounts in loose leaf style and it recommends that probation officers use 
 this system. If the ledger accounts are kept in loose leaf style, the accounts 
 are clasped in a loose leaf binder in order either by name or number. As soon 
 as an account is completed it may be taken out of the loose leaf binder and 
 deposited in the case folder or envelope. This means that the binder would 
 contain only the incomplete or active accounts. The number of such accounts 
 would usually be sufficiently small to make it practical and desirable to 
 keep the accounts in the loose leaf book in alphabetical order. The book 
 may be supplied with an alphabetical guide which makes it easy to locate 
 any particular account quickly. The accounts can be turned to more readily 
 when kept in the loose leaf style than when kept in a, bound book, because 
 in the latter the accounts are entered not in alphabetical order but in the 
 order in which the probationers were placed on probation. The bound 
 ledger necessitates that the probation officer shall search in the index in 
 order to find an account. 
 
 In the ledger accounts each probationer has either a separate page in the 
 loose leaf book or a separate page in the bound ledger. 
 
 The simplest form of ledger account is to be found opposite the following 
 page. 
 
 Referring to the ledger page it will be seen that the account is that of pro- 
 bationer John Smith with his wife (the beneficiary) Mary Smith. Next is a 
 description of the order made by the court, namely, that John Smith shall pay 
 five dollars a week for twenty-six weeks to his wife for her support. The left- 
 hand column gives the date on which the payments are made either by the pro- 
 bationer to the probation officer or by the probation officer to the wife. The 
 next column gives the reference to the page of cashbook in which each item has 
 been previously recorded. Thus on page 54 of the cashbook will be found an 
 entry of the fact that on January 22d John, Smith paid the probation officer 
 
112 Manual foe Peobation Officebs. 
 
 $5, and on January 29th he made a second payment of $5. Likewise, page 61 
 of the cashbook will show that on January 30th the probation officer paid $10 
 to the probationer's wife, Mary Smith. If the probation officer both receives 
 and pays the same sum of maney on the same day, the receipt and the pay- 
 ment should be entered not on the same line but on different lines. 
 
 As soon as one column on a ledger page ia filled or as soon a,s the pro- 
 bationer has made all of his payments the account should be balanced. 
 When all the payments have been made the total footing of the column 
 entitled "Received by probation officer from probationer" should equal the 
 total amount which the court ordered to be paid and which is indicated at 
 the top of the page. In case the court at any time during the probation 
 modifies its order by either increasing or reducing the amount of payments 
 required by the probationer, a memorandum to this effect should be entered 
 on the ledger page opposite the date on which such a change was made. 
 
 The ledger account when completed should show that the full amount 
 received by the probation officer from the probationer has in turn been 
 paid by the probation officer to the wife. The probation officer should also 
 preserve a receipt signed by the wife or her representative for each pay- 
 ment made to her. These receipts may be kept either in the case folder or 
 may be pasted in a voucher book. It is usually desirable to keep them in 
 a case folder, clipping them together in their chronological order. All 
 receipts should be preserved for the protection of the probation officer in 
 case any beneficiary at any time claims that he or she has not received 
 moneys due. They are also necessary in auditing accounts. 
 
 When a probationer is required to pay a, fine, the heading of the ledger 
 
 account should read: (Probationer) in account with the 
 
 Court." The memorandum immediately below should read to the effect that 
 the court has ordered the probationer to pay a fine of a certain amounil in 
 certain stipulated instalments. 
 
 When a probationer is required to pay restitution or reparation, the head- 
 ing of the account on the ledger page should read : " ( Probationer ) 
 
 in account with, (beneficiary)." The memorandum describing the 
 
 court order should read to the effect that the court has ordered the proba- 
 tioner to pay a certain amount of restitution in certain stipulated instal- 
 ments. 
 
 If a probation officer has had experience in bookkeeping he may prefer 
 some other form of ledger account, as the debit and credit account, but 
 this sort of account involves more writing. The form of ledger recom- 
 mended above, however, is equally as satisfactory and has the advantage 
 of being simpler. 
 
 All entries in both the cashbook and the ledger as well as all receipts 
 should be written in ink. 
 
 The ledger accounts may be kept either in a book or on an index card. 
 If kept on an index card the full account may then be easily filed in the 
 case folder. 
 
 § 87. Accounts of probation officers' expenses. Probation officers 
 should keep accouuts of all expenses incurred by them in the per- 
 formance of their official duties, regardless of whether their 
 expenses are paid fromi public funds, from some private society 
 
Form 23. 
 
 (Probationer) 
 
 Address .4fTt?(J?.. (^^j-r3.<e.^.^. ..^^l^^^^r,,,. .. 
 
 Ordered o^.^tZ^^Tt-t^.^.-./JS^. 1913 
 
 to the amount of %^S~.~. 
 
 Account No. 
 
 ■in accou 
 
 I (Beneficiary ).,,<;;^,e<s^<jrf5i?4f^s^??:^^/i*^ — ^^-O / 
 
 Address.. 
 
 to pay family-suppoft, foGtitution, — reparation, — a fin e C^Threa"') 
 
 Docket No, 
 
 PAID br 
 
 Pr<ibntjon Officer 
 tu Henellciary 
 
 I'JIS 
 
 18U. 
 
 .^it/ 
 
 :2j2^. 
 
 .5-^ 
 
 '^ '— 
 
 ^ 
 
 .2i2 
 
 ..C^ 
 
 Z 
 
 ;z^ 
 
 .^. 
 
 >^1 
 
 -^ 
 
Manual foe Probation Officers. 113 
 
 or by themselves. Usually this requires simply the entry on a 
 loose-leaf page, a card or in a hook, of the dates, items and ac- 
 counts of their expenses in chronological order. If a probation 
 of&cor's expenses are sufficiently varied and the number of items 
 are sufficiently large, it may be advisable to use a parallel column 
 system of keepiag accounts of the expenses. Above one column 
 have carfare, another column for postage, stationery and other 
 office expenses, etc. 
 
 § 88. Accounts of Relief. Probation officers should also keep 
 accounts of all relief expended or furnished by them for the 
 benefit of defendants or probationers. Since any money spent by 
 the probation officer for relief will come largely, if not wholly, 
 from private sources, the accounts should show the source from 
 which it is obtained. The account should also show the name of 
 the defendant or probationer receiving the relief and should indi- 
 cate the purpose for which it was given, as, for food, clothing, 
 rent, transportation, medicine, tools, etc. 
 
 § 89. Reports to the Commission of Appointments, Resignations 
 and Removals of Probation Officers. A copy of each order of ap- 
 pointment of a probation officer must be filed with the State Pro- 
 bation Commission. (Crimmal Code, § 11-a. See Manual, § 4.) 
 
 The state Probation Commission, upon receiving notice of the appointment 
 of a probation officer, sends the officer a special report blank on whioh he 
 is required to give the Commission further information concerning his 
 appointment. 
 
 The Commission would be pleased to receive notification of any resigna- 
 tions or removals of probation officers. 
 
 § 90. Probation Officers' Monthly Statistical Reports to the Com- 
 mission; Directions Concerning Their Use. The Commission re- 
 quires probation officers to send it monthly statistical reports con- 
 cerning their work. For this purpose it suplies them with a 
 statistical report blank each month. Each probation officer is 
 requested to mail such report to the Commission on or before the 
 5th day of each month. Facing the following page is a copy of 
 the blank which is now in use for this purpose, showing in detail 
 the way in which it should be prepared. 
 
 In making out a monthly statistical report a probation officer should 
 first refer to his report for the preceding month, in order to learn the exact 
 number of boys, girls, men and women reported as remaining under his 
 
114 Manual foe Probation Officees. 
 
 probationary oversight at the close of that month. This information will 
 be found opposite the item under "A — General Statistics," and numbered 
 "VI." After finding the figures opposite this item ("A — ^VI") in the pre- 
 ceding monthly statistical report, the probation officer should copy them 
 in the space opposite "A — I " on the report blank which he is about to 
 fill out. (In other words, the number of cases remaining under a probation 
 officer's oversight at the close of any month is also the number continued 
 under his oversight into the next month. Therefore the figures opposite 
 "A— I '■ in a report should always be the same as those opposite ' A — VI " in 
 the report for the preceding month.) 
 
 The probation officer should next enter in the spaces opposite "A — II " 
 the numbers of persons placed under his prdbationary oversight during the 
 month for which he is reporting. The cases reported opposite "A — II " 
 should not include any transferred from other probation officers. Those 
 received during the month on transfer from other officers should be entered 
 opposite "A — III," and the name and court address of the officer from whom 
 the cases were received should be written in the margin opposite "A — III." 
 
 Probation officers are not supposed to include in their reports any statis- 
 tics concerning cases of " unofficial probation," unsupervised suspended sen- 
 tence, or parole. 
 
 The totals of "A — I, II, and III " should equal the totals opposite "A — IV." 
 The total of "A — IV " in turn should equal the total of "A — V," ( number 
 passed from probation, plus) "A — ^VI," number remaining on probation at 
 end of month. 
 
 Under " B — Classification of Oflfenses," the probation officer should report 
 the charges or offenses of only those cases which were placed under his 
 probationary oversight during the month directly by the court. Cases re- 
 ceived on transfer from other probation officers should not be reported under 
 " B." The total number of cases reported under " B " should equal the 
 number reported above under "A — II." 
 
 The total number of cases reported under " C " should equal the number 
 of cases reported under "A — ^V." 
 
 In filling in the number of persons discharged with improvement, probation 
 officers should be careful to include only those in whose cases a marked 
 improvement is noticeable. If the probation officer has performed his work 
 carefully and faithfully by inquiring into the conduct and habits of the pro- 
 bationer while on probation he will be able in most cases to determine 
 whether there has been improvement or not. In making this judgment the 
 probation officer should, first, consider whether the probationer has ful- 
 filled all of the terms and conditions of his probation or not; second, what 
 his habits and associations have been since being placed on probation; 
 third, how regular he has been in making reports to the probation officer 
 or to the court, if he has been required to do so. 
 
 Under " D — Number of Defendants Investigated " should be included 
 only such cases as were investigated at the request of or with the consent 
 of the court or magistrate before the defendants were discharged, placed 
 on probation, or otherwise sentenced. All investigations, visits and inquiries 
 concerning each separate defendant should be reported as one defendant in- 
 vestigated. Investigations concerning a probationer after he is placed on 
 probation should not be reported here. 
 
form 30. 
 To be filled out in ink and mailed to the State Probation Commission, the Capitol, Albany, New York, on or before the 5th day of the following month 
 
 Probation Officer's Monthly Statistical Report 
 
 The report below Is a correct report of my work as probation oiScer ia *><t'^i^^<::^<>^t^^^t~^^^<^'ii-<^*-'c^^.'mrt ai,>i^^J--C^i^ 
 
 -N. Y, 
 
 daring the month ofL 
 
 Court of. 
 
 ,.N. y., 
 
 Court of... 
 
 — N. Y.. 
 
 iCiltS.=C^— 
 
 ..iS'^O 
 
 JUVEMlE OFFENDERS 
 
 (Under 16 years of age at time of conviction) 
 
 A. 
 
 General Statistics 
 
 I. Number continued under my probation- 
 
 ary oversight from preceding month 
 
 II. Number placed under my probationary 
 oversight this month, exclusive of those 
 transferred from other probation officers. 
 
 III. Number received this month on transfer 
 from other probation officers, presumably 
 either for remamder of probation peri xi, 
 or.if temporarily, for more than one monVh. 
 
 IV. Total of I, ir and III 
 
 V. Number passed from my probationary 
 
 oversight during this month 
 
 VI. Number remaining under my probation- 
 ary oversight at close of this month 
 {Slwuld equal IV minus V) 
 
 jt»« Classiflcatlon of Offenses of Juveniles 
 Placed on Probation nnder 9Ee During 
 the Uontlx 
 
 Assault 
 
 Burglary or robbery 
 
 Disorderly or ungovernable child. . . 
 
 Improper guardianship 
 
 Larceny or kindred offenses 
 
 Malicious mischief, breach of peace, or dis- 
 orderly conduct 
 
 Truancy (including prosecution for truancy 
 under charge of vagrancy) 
 
 Violation of local ordinances not included 
 above .' 
 
 Boys 
 
 //...... 
 
 ..Z. 
 
 Z.^. 
 
 ^z^. 
 
 -? 
 
 ..^... 
 
 .3... 
 ..../... 
 
 Other misdemeanors . 
 
 (Note — Chap. 478, Lawa of 1900, amending §2186, of the 
 Penal Law. provides that Juvenile offenders, with certain 
 exceptions shall be convicted not of a crime but of juvenile 
 delinquency. TTie classification above is intended to show 
 the nature of the delinquency.) 
 
 Total {Should equal A.-IT above) 
 
 0. Classification of Juveniles Passed from 
 
 My Probationary Oversight During 
 the Month 
 
 1. Completed probationary period and dis- 
 
 charged with improvement 
 
 2. Completed probationary period and dis- 
 charged without improvement 
 
 3. Re-arrested and committed 
 
 4. Transferred to other probation officers. . . . 
 
 5. Removed to other localities with per- 
 
 mission of court or probation officer 
 
 6. Absconded or lost from oversight 
 
 8. 
 
 Total {Should equal J^-V above). 
 
 J3. Number Defendants Investigated at Re- 
 quest of* or with Consent of* Court 
 Before Being Placed on Probation, 
 Otherwise Sentenced or Discharged. . . . 
 
 Girls 
 
 ^^ 
 
 .-^S.. 
 
 ^^ 
 
 A^ 
 
 Total 
 
 juvenilbs 
 
 '^f- 
 
 ......A2_ 
 
 ,../_ 
 
 ADULT OFFENDERS 
 
 (Sixteen years of age or older at time of conviction) 
 
 ^. {General Statistics 
 
 1. Number continued under my probation- 
 ary oversight from preceding month 
 
 Men 
 
 .-Z61. 
 
 ^^ 
 
 .J.. 
 
 ./.a.. 
 
 z. 
 
 z^. 
 
 J^ 
 
 ..J.. 
 
 J... 
 
 -^ 
 
 J... 
 
 II. Number placed under my probationary 
 oversight this month, exclusive of those 
 .transferred from other probation officers. 
 
 in. Number received this month on transfer 
 from other probation officefs, presumably 
 either for remainder of probation period, 
 or, if temporarily , for more than one month. 
 
 IV. Total of I, II and III 
 
 y. Number passed from my probationary 
 oversight during this month 
 
 VI. Number remaining under ray probation- 
 ary oversight at close of this month 
 (Should equal IV minus V) 
 
 ...2^ 
 
 Z£... 
 
 S. Classification of Offenses of Adults 
 Placed on Probation under M^ During 
 the Month 
 
 MISDEMEANOUS AND LESSER OFFENSES. 
 
 Assault, third degree 
 
 Disorderly conduct (except soliciting and 
 kindred crimes against sexual morality), 
 breach of peace or malicious mischief. . . . 
 
 3__ 
 / 
 
 Non-support 
 
 Petit larceny or kindred offenses 
 
 Prostitution, soliciting, or kindred offenses. 
 Public intoxication 
 
 Violation of local ordinances not included 
 above 
 
 Other misdemeanors and lesser offenses. 
 
 FELONIES 
 
 Assault 
 
 Burglary . 
 
 A3 
 
 / 
 
 ^.. 
 
 /^^ 
 
 Forgery 
 
 Grand larceny 
 
 Other felonies 
 
 Total (SliculJ equal A.-II above). 
 
 Q^ Classification of Adults Passed f^om My 
 Probationary Oversight During the 
 Month 
 
 I. Completed probationary period and dis- 
 charged with improvement 
 
 -Z^. 
 
 ..Or. 
 
 ^ 
 
 r 
 
 3 
 
 ..^. 
 
 Wom'n 
 
 ./..^. 
 
 4^ 
 
 /.r... 
 
 -u&~ 
 
 ./s3. 
 
 _/ 
 3 
 
 ^^ 
 
 ..Z(2 
 
 3. Completed probationary period and dis- 
 charged without improvement 
 
 3. Re-arrested and committed , 
 
 4. Transferred to other probation officers. . . . 
 
 • -75' ^.aS'-^^^'-^^^z^^^f-^^ 
 
 5. Removed to other localities witn permis- 
 
 sion of court or probation officer ,. . 
 
 6. Absconded or lost from oversight 
 
 7. <frv<S^W^ 
 
 Total {Should equal K-V above). 
 
 ^^ Number Defendants Investigated at Re- 
 quest of, or vrith Consent of. Court 
 Before Being Placed on ' Probation, 
 Otherwise Sentenced or Discharged. . . . 
 
 ..-5. 
 
 ..c5:. 
 ..J... 
 
 / 
 
 / 
 
 Z^. 
 
 4^!^ 
 
 z/- 
 
 ..^ 
 
 ^ 
 
 Total 
 
 Adults 
 
 ^_J 
 
 r..r^.. 
 
 
 -v^ 
 
 ..I... 
 
 -.t5... 
 
 3 
 
 .3- 
 
 ._-:?z4 
 
 ..V^ 
 
 ...z:^.. 
 
 _ ^ 
 / 
 
 / 
 
 c5*-^ 
 
 E, Amonnt of Money Collected fi-om Proba- 
 tioners (Charged with Non-Support) 
 tar tho Support of Their Families: 
 
 F. Amount of Money Collected from Prpba- 
 tionera la Finaet 
 
 $X^ 
 
 -43» 
 
 ^. Amount of Money Collected ft*om Probft* 
 tioners in Restitution: 
 
 %J f^- 
 
Manual fob Probation Officers. 115 
 
 Under " E — Amount of Money Collected from Probationers for the Support 
 of Their Families," should be included only such money as is personally 
 collected by the probation officer. It should not include moneys paid by 
 probationers directly to their families. Where money is paid by probationers 
 directly to their families separate notation may be made at the bottom of 
 the report and the probation officer should designate such payments as " Paid 
 at Home." 
 
 Under " F ^ Amount of Money Collected from Probationers in Fines," 
 should be included all moneys paid by probationers in fines, whether through 
 the probation officer or directly to the court. 
 
 Under " G — Amount of Money Collected from Probationers in Restitution," 
 should be included all money paid by probationers in restitution, whether 
 through the probation officer or through other persons or directly to the 
 aggrieved party. 
 
 It is important to have the statistics collected by the Commission grouped 
 according to jurisdictions, and this compels the Commission to request pro- 
 bation officers who serve in several courts to divide their monthly statistical 
 reports in the following manner: 
 
 If a probation officer serves in a county court and the Supreme court of 
 the same county he should report all his eases from these two courts on the 
 same blank. He should not report for any other court on this blank. 
 
 If such a probation officer serves also in a court of a city, he should re- 
 port for that city on a separate blank. If he serves in the courts of more 
 than one city, he should make a separate report for each city. The blank 
 on which he reports for a city court should contain no cases from any other 
 place. 
 
 If a, probation officer serves in one or more village or town courts in », 
 county, he should report all his cases from such courts on a single report 
 blank. The blank containing his report for such town and village courts 
 should not include any cases from any city, county or Supreme court. 
 
 To illustrate, if a "probation officer serves in the county and Supreme 
 courts of a county, in one city court, and in several village and town courts 
 of the same county he should make three separate reports each month: one 
 report covering the county and 'Supreme courts; one covering the city court, 
 and one covering the village and town courts. If he serves in the courts of two 
 or more cities he should make a separate report each month for each city. 
 If he serves in the courts of a city and also in town or village courts he 
 should make one report for the city and one report for the towns and villages. 
 
 Cases transferred from another court or from outside of the county should 
 be accredited to the court making the transfer, and should be reported on 
 the blank on which cases in that court, would be reported if they were 
 placed under the probation officer's care directly by the court. That is : 
 If a probation officer serving in " X " county receives a case on transfer 
 from " Y " county he should make a separate report for that case and should 
 head it as coming from the court of " Y " county as if he were a regular 
 officer in the court of " Y " county. 
 
 At the top of each monthly statistical report blank the probation officer 
 should insert the names of all courts from which cases are reported on 
 such blank, exceipt that when a probation officer serves in several town or 
 
116 Manual for Peobation Officers. 
 
 village courts in the county he may designate them collectively as " Courts 
 
 of towns and villages in county." 
 
 In case any probation officer at any time fails to receive a sufficient num- 
 her of report blanks to enable him to send separate reports as called for 
 above the Commission will promptly supply them upon request. It will 
 also supply duplicate blanks in order that the probation officers may preserve 
 a record of their reports to the Commiesion, or that they may file a duplicate 
 report with the court. The keeping of duplicates is advisable in all cases 
 inasmuch as it lessens the likelihood of an error in compiling the statistics 
 at the end of each month. 
 
 § 91. Other Reports by Probation Officers to the Commission. The 
 
 Cominission from time to time requests probation officers to send 
 it other kinds of reports than the monthly statistical reports. The 
 Commission has requested (a) reports concerning cases of persons 
 on parole, and (b) reports concerning probationers who have 
 absconded. 
 
 (a) The parole reports relate to persons received on parole from institu- 
 tions. The purpose of collecting reports in these cases is to learn the extent 
 to which probation officers are receiving persons on parole from institutions. 
 
 (b) During the s.pring of 1911 the Commission began to make special 
 inquiries concerning probationers reported by probation officers in their 
 statistical reports as having absconded. These inquiries are for the purpose 
 of collecting information which will be useful in learning how the number 
 of absconders can be decreased. 
 
 § 92. Probation Statistics. The monthly statistical reports made 
 by probation officers to the Commission are used by it in compiling 
 statistics for the entire State. These statistics are published in 
 the annual report of the Commission to the Legislature. 
 
 The probation officers in the larger courts usually compile 
 statistics showing the extent of the use of the probation system in 
 their court during the year. For this purpose they often find it 
 helpful to preserve a duplicate copy of their monthly statistical 
 reports to the Commission. These monthly reports to the Com- 
 mission may be used as a monthly statistical report to the court, 
 and at the end of the year may be consolidated into an: annual 
 report. 
 
CHAFTEB 6. 
 State Probation Commission. 
 
 PAGE 
 
 Section 100. Development of probation in New York State 119 
 
 101. History of State investigation and supervision , 121 
 
 102. State Probation Commission Law 121 
 
 103. Organization and employees of Commission 121 
 
 104. Duties and powers of Commission 121 
 
 105. Methods of work 122 
 
 [117] 
 
CHAPTEK 6. 
 
 State Probation Coinmission 
 
 § 100. Development of Probation in New York State. Following 
 is a list of the more important steps in the development of the pro- 
 bation system in ISTerw York State: 
 
 1901 : First probation law enacted on April 17 ; became effective on Sep- 
 tember 1 ; applied only to adults in city courts 
 Law creating Buffalo Children's Court provided for first volunteer 
 probation officers in State for children. 
 1902 : Law authorizing appropriation of salaries for probation officers in 
 
 New York city. 
 1903: Law extended system to children and to courts throughout the State. 
 1904: Law authorized New York city to pay salaries to women probation 
 
 officers. 
 1905: Law authorized all cities to pay salaries to probation officers. 
 
 Temporary State Probation Commission established by the Legislature 
 
 and appointed by the Governor to investigate the system and report 
 
 the following year. 
 
 1906 : First publicly salaried probation officers appointed in New York City 
 
 Magistrates' Courts, XJtica, Watertown, Amsterdam and Syracuse. 
 
 First civil service examinations for probation officer held in New York 
 
 city, Syracuse, Rochester and Yonkers. 
 First local probation associations organized in Brooklyn and Buffalo. 
 1907: Present State Probation Commission created on June 6th; began work 
 on September 1st. 
 State Probation Commission began collecting statistics and making 
 inspections and investigations. 
 1908: Legislature authorized appropriations by boards of supervisors for 
 probation officers in county courts. 
 First salaried probation officers in nine county courts appointed. 
 Commission published and supplied blank forms for use by probation 
 
 officers. 
 Commission held the first State conference of probation officers. 
 Commission published the first State directory of probation officers. 
 Commission began making suggestions and recommendations to mag- 
 istrates and probation officers. 
 1909: Legislature authorized salaried probation officers of county courts to 
 serve in the Supreme court and in the courts of all towns, villages 
 and third-class cities, in their respective counties. 
 Legislature authorized the payment of the expenses of probation 
 
 officers. 
 Commission assisted for the first time in conducting civil service 
 examinations for probation officer. 
 [119] 
 
120 Manual foe Peobation Offioees. 
 
 1909: Commission organized the first State conference of city magistrates. 
 Commission brought about the establishment of the Buifalo Munic- 
 ipal Juvenile Detention Home — the first such institution in the 
 State. 
 National Probation Association organized in Buffalo. 
 1910: Legislature enacted amendments to the Code of Criminal Procedure 
 providing for: 
 
 (a) Enumeration of the duties of probation officers. 
 
 (b) The procedure in probation cases, including certain possible 
 
 probationary conditions. 
 
 (c) Authority to require probationers to pay instalment fines, 
 
 restitution and family support. 
 
 (d) Transfer of probationers from one county to another. 
 
 (e) Authority for probation officers to supervise persons paroled 
 
 from inistitutions. 
 Legislature in enacting the New York City Inferior Courts Act pro- 
 vided for: 
 
 (a) Removal of police officers from the position of probation officer. 
 
 (b) Appointment of salaried civilian probation officers for the first 
 
 time in the Children's Courts in New York city, and more 
 such officers in other courts. 
 
 (c) A chief probation officer in the Court of Special Sessions and 
 
 in each Board of Magistrates. 
 
 Buffalo Domestic Relations Court established upon the recommenda- 
 tion of the Commission — the first such court in the world presided 
 over by a judge devoting his time exclusively to such cases. 
 
 International Prison Congress, meeting for the first time in the 
 United States, indorsed probation and State supervision of probation 
 officers. 
 1911: Commission revised and enlarged its set of blank forms. 
 
 Commission published and supplied an accounting system for pro- 
 bation officers. 
 
 Commission conducted the first series of New York city conferences 
 of probation officers. 
 
 First sets of probation rules adopted in New York city and Buffalo. 
 
 State conference of magistrates reorganized as State association of 
 magistrates. 
 
 Recommended by the commissioners appointed by Governor Dix to in- 
 vestigate penal institutions, and by others, that probation officers 
 be used more for supervising persons paroled from institutions, and 
 that parole officers appointed by institutional authorities be under 
 the general oversight of the State Probation Commission. 
 1912: Court of Appeals decided the position of probation officer in the lower 
 courts of New York city to be in the competitive class of the civil 
 service. 
 
 Staff of salaried probation officers appointed in the children's courts 
 of New York city. 
 
 Legislature authorized the placing of unconvicted disorderly persons 
 on probation, upon consent. 
 
Manual for Peobation Offiobes. 121 
 
 § 101. History of State Investigation and Supervision. In 1905 
 GtOTemor Higgins, pairsuant to cliapter 714, Laws of 1905, ap- 
 pointed a temporary State probation commission of fourteen 
 members to examine into the operations of the probation system 
 in the State, and to make recommendations thereon. After mak- 
 ing a formal report to the Legislature of 1906, the conunission 
 went out of existence. As a result of the findings and recom- 
 mendations of this temporary State probation conunission, the 
 present permanent State Probation Com -mission was created on 
 June 6, 1907, and began work on September 1, 1907. 
 
 § 102. State Probation Commission law. The State Probation 
 Commission was created by Laws of 1907, chapter 430. When 
 the laws of the State were consolidated in 1909 the law establish- 
 ing the State Probation Commission was re-enacted, with slight 
 verbal changes, by Laws of 1909, chapter 56, as sections 30 and 
 31 of chapter 54 of the Consolidated Laws (which constitutes the 
 State Boards and Commissions Law). Section 30 was further 
 amended by Laws of 1910, chapter 613. 
 
 § 103. Organization and Employees of the Commission. The 
 State Probation Commission is composed of seven members. Pour 
 are appointed by the Governor for terms of four years each ; one is 
 delegated from the State Board of Charities for a term of one 
 year; one is delegated from the State Commission of Prisons for 
 a term of one year, and the State Commissioner of Education is 
 a member ex-offlcio. The commissioners serve without oompensa- 
 tion, but are entitled to their traveling expenses. The Commis- 
 sion ani^ually elects a president and vice-president. 
 
 The Commission employs a secretary as its chief executive 
 officer, and such other employees as are provided for in the annual 
 appropriations by the Legislature. 
 
 The names and addresses of the members and employees of the 
 Commission are printed at the front of the Manual. 
 
 § 104. Duties and Powers of the Commission. The duties of the 
 Commission are inspectorial, supervisory and advisory. Inasr 
 much as there may be as many kinds of probation as there are 
 courts using probation, the State Probation Commission aims 
 (without desiring to distuA the autonomy of any court's methods) 
 
122 Manual fob Probation Officbes. 
 
 to co-ordinate tihe work of all courts so that each one may benefit 
 in some way from the experiences of others. The duties of the 
 Commission may he summarized as follows: 
 
 1. To exercise general supervision over the work of probation officers, and 
 to keep informed as to their work. 
 
 2. To collect and publish statistical and other information as to the opera- 
 tions of the probation system. In carrying out this purpose, the Commission 
 may require reports from probation officers on blanks furnished by it. 
 
 3. To inquire into the conduct and efficiency of probation officers from time 
 to time, and when advisable to conduct a formal investigation of the work 
 of any probating officer. The Commission may issue compulsory process for 
 the attendance of witnesses and the production of papers, and may examine 
 persons under oath, and exercise the same powers in respect to such pro- 
 ceedings as belong to referees appointed by the Supreme court. 
 
 4. To make recommendations as to the operations of the probation system, 
 and to secure its effective application and the enforcement of the probation 
 law in all parts of the State. 
 
 5. To inform all magistrates and probation officers of legislation directly 
 affecting probation, and to publish an annual list of probation officers. 
 
 6. To meet at least bi-monthly. 
 
 7. To make an annual report to the Legislature. 
 
 § 105. Methods of "Work. The State Probation Commission 
 keeps a list of all the probation oificers in the State, and collects 
 from them special reports concerning their appointment. It 
 collects monthly statistical and other reports from probation of- 
 ficers, and compiles therefrom statistics which are published in its 
 annual report. It visits and inspects the work of probation of- 
 ficers, and assists them in organizing and developing their work. 
 It furnishes to probation officers, free of charge, forms for their 
 records and their reports to the court, and also literature on pro- 
 bation. It answers inquiries from probation officers, and from 
 time to time makes suggestions and recommendations to particular 
 probation officers, or to probation officers throughout the State. 
 It conducts one or more conferences of probation officers each year. 
 It has the power to make a formal investigation into the work of 
 any probation officer. 
 
 The Commission investigates different aspects of the probation 
 system, and seeks to promote public interest and knowledge con- 
 cerning the system. It makes intensive studies of probation work in 
 particular localities, and has published the results of such a study 
 
Manual foe Probation Officers. 123 
 
 in Tonkers. It also makes special studies and inquiries concern- 
 ing particular phases of probation work. It publishes an annual 
 report and other literature on probation. It compiles biblio- 
 graphies on probation. It acts as a bureau of information, and 
 sends literature on probation to any person or organization upon 
 request, and furnishes leaflets for free distribution at public meet- 
 ings. It informs magistrates and probation officers concerning 
 legislation directly affecting probation in this State. It also col- 
 lects and studies the probation legislation of other states. 
 
 The Commission has met with the judges of many courts to in- 
 quire into the operations or needs of the probation sys.tem in their 
 respective jurisdictions, and to make suggestions and recom- 
 mendations thereon. It has also co-operated in holding public 
 meetings to discuss local needs, and it has supported requests for 
 local appropriations for the establishment or maintenance of the 
 probation system. It has investigated good and bad probation 
 conditions and has published the reports of these investigations. 
 Upon occasions, when the facts seemed to call for such action, the 
 Commission has conferred with, or made special reports to, the 
 judges of certain courts concerning the probation conditions or 
 needs in such courts. It called together the first State conference 
 of city magistrates, and has assisted in holding the subsequent 
 conferences. 
 
 The Commission has assisted in securing the appointment of 
 proper officers, and at the invitation of the State Civil Service 
 Commission, and of certain municipal commissions, it has assisted 
 in conducting civil service examinations for positions of proba- 
 tion officer. It advised and encouraged the appointments by 
 county judges of county probation officers salaried by boards of 
 supervisors to act on the courts of the county and in courts of 
 justices of the peace in order to extend the system into the rural 
 sections of the State. 
 
 The Commission has framed and secured the passage of many 
 important amendments to the probation statutes of ISTew York 
 State. Among these may be mentioned the legislation authoriz- 
 ing the appointment of salaried county probation officers and the 
 
124: Manttal foe Peobation Offioees. 
 
 payment of the expenses of probation officers; enumerating the 
 duties of probation offiioers and the possible conditions of pro- 
 bation; empowering courts to require restitution and reparation 
 for damages, and payments for the support of family; establish- 
 ing the system of transferring probationers; authorizing proba- 
 tion officers to supervise persons paroled from institutions, and 
 otherwise extending and strengthening the probation system. 
 
CHAPTEE 7. 
 Miscellaneous. 
 
 PAGE. 
 
 Section 110. Conferences of probation officers 127 
 
 111. Conferences of magistrates 127 
 
 112. Literature on probation 128 
 
 113. Probation officers' office quarters and equipment 128 
 
 114. Newspaper publicity 129 
 
 115. Supervision of neglected children 129 
 
 lie. Cooperation among probation officers 130 
 
 117. Changes of addresses of probation officers 130 
 
 118. Kesolutions adopted by the International Prison Congress. . 130 
 
 [125] 
 
CHAPTER 7. 
 Miscellaneous. 
 
 § 110. Conferences of Probation Officers. The Commission has 
 held a number of conferences of probation officers for the purpose 
 of affording opportunity for an interchange of experiences and 
 the discussion of probation methods. Conferences have been held 
 as follows: Rochester, October, 1908; Elmira, Novemlber, 1908; 
 Albany, ISTovember, 1909 ; Rochester, JSTovember, 1910 ; New York 
 City, (twelve meetings) April and May, 1911; Watertown, Oc- 
 tober, 1911; New York City, (nine meetings) March and April, 
 1912; Syracuse, November, 1912; New York City, (nine meet- 
 ings) 1913. All of these conferences (except the several series in 
 New York City which were for the probation officers of that city 
 exclusively) have been held in conjunction with the State Confer- 
 ence of Charities and Correction. The next State conference of 
 probation officers will be held in conjunction with the State Con- 
 ference of Charities and Correction in Buffalo on November 
 17-18, 1913. 
 
 The National Probation Association holds a series of confer- 
 ences each year at the time of the annual meeting of that asso- 
 ciation. Such meetings are usually held in conjunction with the 
 National Conference of Charities and Correction. For further 
 information, address Hugh S. Fullerton, Secretary of the Na- 
 tional Probation Association, St. Louis, Mo. 
 
 § 111. Conferences of Magistrates. In the fall of 1909, the State 
 Probation Commission called together in Albany the first con- 
 ference of city magistrates, for a discussion of various subjects 
 relating to the work of police and juvenile courts. A committee 
 composed jointly of magistrates and representatives of the Com- 
 mission later arranged for a second conference, which was held in 
 Albany in December, 1910. At this time it was voted to form a 
 permanent organization and in accordance with this organization 
 the following conferences of magistrates have been held: third 
 conference at Albany in December, 1911, and fourth conference at 
 Syracuse in December, 1912. The iifth conference will be held 
 
 [127] 
 
128 Manual foe Peobation Opfioeeb. 
 
 at JSTiagara Talk in December, 1913, under the presidency of City 
 Judge James K. O'Connor of Utica. The secretary is Arthur W. 
 Towne, formerly secretaiy of the State Probation Commission and 
 now superintendent of the Brooklyn Society for the Prevention of 
 Cruelty to Children, 105 Schermerhorn street, Brooklyn. 
 
 All magistrates and magistrates-elect of courts of inferior 
 criminal jurisdiction in cities and in villages, and all magistrates 
 or magistrates-elect or appointed of children's courts shall become 
 members upon enrolling their names with the secretary ; and other 
 persons especially interested in the work of such courts may be- 
 come members upon being elected by the executive committee. 
 
 § 112. literature on Probation. The State Probation Commis- 
 sion makes an annual report to the Legislature, coveriug the year 
 ending December 31st preceding. Each report is usually pulv 
 lished between February and July of the year foUowiug that 
 covered by the report. The reports contain statistical and other 
 information relating to the operations and results of the prdbation 
 system throughout the State. An early edition of the report with- 
 out appendices is ready for submission to the Legislature before 
 that body concludes its regular session each year. The Commisr 
 sion from time to time also publishes other literature. 
 
 For a list of the reports and other literature published by the 
 Commission, see Manual, App. F. In this list it will be noted 
 that reports 1 to 4 inclusive are out of print and cannot be sup- 
 plied by the Commission. 
 
 Upon application, the Commission will send copies of these 
 publications free to probation officers, magistrates and other per^ 
 sons interested in probation. Some of the smaller leaflets, which 
 are of a more popular nature and are adapted for distribution at 
 public meetings, can be had in quantities. 
 
 § 113. Probation Officers' Quarters and Equipment. Salaried pro- 
 bation officers should have office headquarters. It is important 
 that such an office ^ould be in no way connected with a police 
 station, or any correctional institution. The office should be so 
 arranged as to enable a probation officer to carry on private con- 
 versations with probationers or other persons. If the office is 
 used by more than one probation officer, it is well to have either 
 two separate rooms, or a part of the room partitioned off, so as to 
 
Manual foe Peobatiok Officers. 129 
 
 afford the requisite privacy for each probation officer. The desks 
 and filing cabinets should be fitted with locks to prevent the in- 
 spection of probation records and papers by those who have no 
 right to consult them. If the probation office is a busy one it 
 shoidd have a private telephone. It should also possess a copy 
 of the Code of Criminal Procedure and of the Penal Law, a map 
 and gazetteer of New York State, a map of the city or county in 
 which the probation officer serves, a local charity directory and a 
 copy of the last report of the State Board of Charities. 
 
 § 114. Newspaper Publicity. It is of great service to the 
 probation system and to probation officers to have local news- 
 papers publish items of news concerning its operation. Probation 
 officers, however, should endeavor so far as practicable, to 
 refrain from giving to the newspapers the names of defendants 
 and probationers. In some places the judges, probation offi- 
 cers, private societies or other citizens, by conferring with 
 the editors and owners of newspapers, have been able to in- 
 duce them to refrain from publishing the names of children 
 brought before the court or placed on probation. It is desirable 
 that probation officers should speak before judges and societies of 
 a social nature, and in so doing to inform the community and 
 citizens about probation work in general. Inasmuch as the older 
 ideas of punishment are giving way to probation, and because this 
 change has been brought about onh- recently, there is great need 
 for the community to l)e fully informed as to the results being 
 accomplished and as to what is necessary to secure the best re- 
 sults possible. 
 
 § 115. Supervision of Neglected Children. The term " proba- 
 tion," as referring to the oversight by a probation officer of 
 children adjudged to be neglected or without proper guardianship, 
 is unfortunate in that to the popular mind it seems to imply that 
 such children have been convicted of an offense. They should be 
 spared as much as possible from any odium that may attach to 
 their supervision by a probation officer. It is therefore suggested 
 that the use of the word " supervision," is preferable to that of 
 the word " probation," in referring to cases of neglected children. 
 6 
 
1^0 Manual for Pkobatton Okficeks. 
 
 § 116. Co-operation Among Probation Officers. It is desirable 
 tliat probation ofReers in different courts co-operate with each other 
 willingly and promptly in answering inquiries, making investiga- 
 tions, and accepting probationers on trausfer. (For a list of pro- 
 bation officers, see Directory in Sixth Report of the State Probw- 
 tion Commission.) 
 
 § 117. Changes of Address, The State Probation Commission 
 would appreciate it if any probation officer who changes his or 
 her address would notify the Commission of the fact in order 
 that it may make the necessary changes in its mailing list, and 
 may have the address properly given in the next directory of pro- 
 bation officers which it publishes. 
 
 § 118. Resolutions Adopted by the International Prison Congress. 
 In October, 1910, the International Prison Congress, which 
 met for the first time in the United States at Washington, 
 D. C, with representatives from 37 governments, adopted resolu- 
 tions endorsing the indeterminate sentence and the probation s_ys- 
 tem. This Congress voted unanimously that the effects of proba- 
 tion are beneficial, that the system should be extended, and that 
 it siiould be under State supervision. The resolutions adopted 
 read as follows: 
 
 " Resolved, That the eflfects of probation are beneficial when applied with 
 due regard to the protection of the community, and to pei-sons who may 
 reasonably be expected to reform without resorting to imprisonment; and 
 when the probationers are placed for a reasonable length of time under the) 
 supervision, of competent officers. 
 
 " That the effects of suspended sentence, without probationary oversight, 
 are diflSeult, if not impossible, to ascertain." 
 
 " That it is desirable to introduce and extend laws providing for probation, 
 and to provide, in each state or country, some central authority which will 
 exercise general supervision over probation work." 
 
PART III. 
 
 APPENDICES. 
 
 PAGE 
 
 APPENDIX A. Text of Probation Laws of New York State 133 
 
 APPENDIX B. Statistical Tables Showing Growth in Use of Probation 
 
 in New York State 187 
 
 APPENDIX C. The System of Criminal and Children's Courts in New 
 
 York State 209 
 
 APPENDIX D. Illustrative Case History 217 
 
 APPENDIX K. Probation Eules of Builalo City Court and Buflfalo 
 
 Children's Court 227 
 
 APPENDIX F. Literature Published by the State Probation Commission 241 
 APPENDIX G. Sample Set of Questions Used in Written Examination 
 
 for Probation Officer 247 
 
 [131] 
 
APPENDIX A. 
 
 TEXT OF PROBATION LAWS OF NEW YORK STATE. 
 
 [133] 
 
TEXT OF PROBATION LAWS OF NEW YORK STATE. 
 
 Following is the text of all probation laws of the State now in 
 effect : 
 
 1. GENERAL LAWS. 
 
 CODE OF OKI MIX A L PROCEDURE, § U-a 
 
 Appointment, Powers and Duties of Probation Officers; Methods of 
 Procedure; Transfers. 
 
 § 11-a. Probation officer; appointment, duties; powers; procedure; 
 transfers. 1. The magistrates of the courts having original jurisdic- 
 tion of criminal actions in the state, may from time to time ap- 
 point a person or persons to perform the duties of probation officer 
 or officers as hereinafter described, within the jurisdiction of the 
 courts of such magistrates and under the direction of such magis- 
 trates, to hold such office during the pleasure of the magistrate or 
 magistrates making such appointment and of their successors. 
 Such probation officer or officers may be chosen from among the 
 officers of a society for the prevention of cruelty to children or of 
 any charita:ble or benevolent institution, society or association now 
 or hereafter duly incorporated under the laws of this state, or be 
 reputable private citizens, male or female. The appointment of a 
 probation officer must be made in writing and entered on the 
 records of the court of the magistrate or magistrates making such 
 appointment, and copies of the order of appointment must be de- 
 livered to the officer so appointed and filed with the state proba- 
 tion commission. Any officer or member of the police force of any 
 city or incorporated village who may be detailed to do duty in 
 such courts, or any constable or peace officer, may be appointed as 
 probation officer upon the order of any magistrate as herein pro- 
 vided. Whenever in a city of the first class members of the police 
 force have been appointed probation officers as hereinabove pro- 
 vided and are serving as probation officers under the direction of 
 a majority of the members of a board of city magistrates, the 
 
 KoTE. — For finding Hat of these laws, see page in. 
 
 [135] 
 
^'^^ Manual fob Probation OrFicPiRS. 
 
 commissioner of police upon the request of any other magistrate 
 of such board shall detail to such other magistrate a member of 
 the police force who may be appointed by such magistrate as a 
 probation officer. No probation officer appointed under the pro- 
 visions of this section shall receive compensation for his services 
 as such probation officer until allowed by proper ordinance or 
 resolution, as hereinafter prescribed, but this shall not be con- 
 strued to deprive any officer or member of the police force, or any 
 constable or peace officer, appointed probation officer as herein 
 provided, from receiving the salary or compensation attached to 
 his said official employment. The board of estimate and appor- 
 tionment in the city of New York and the appropriate municipal 
 board or body of any other city or village, or the board of super- 
 visors of any county, may in their discretion determine whether 
 prdbation officers, not detailed from other branches of the public 
 service, shall receive a salary, and if they shall so detcDnino, they 
 may fix the amount thereof and provide for its payment, and they 
 may also provide for the necessary expenses of probation officers. 
 Whenever provision is made for the payment of a salary by the 
 appropriate municipal board or body in any city or village to a 
 probation officer who is to be attached to a court presided over by 
 a magistrate sitting alone, the appointment of such probation officer 
 shall be made by that magistrate. Whenever provision is made 
 for the payment of a salary by the appropriate municipal board 
 or body in any city or village to a probation officer who is to serve 
 in a court wherein several magistrates are sitting together, or in 
 rotation, or in a court or courts wherein there is a board of magis- 
 trates, the appointment of such probation officer shall be made by 
 all the magistrates jointly, or by a majority thereof, except that 
 when a probation officer is to serve in a division of a court in 
 which there is a board of magistrates the appointment shall be 
 made by all the magistrates of such board jointly, or by a ma- 
 jority thereof. Whenever provision is made for the payment of 
 a salary to a probation officer by the board of supervisors of any 
 county, such probation officer shall be appointed by the county 
 judge, or if there be more than one county judge, by the county 
 judges jointly, of such county, and such probation ■ officer shall 
 serve in the supreme and county courts of that county, and in any 
 
Manual fok Probatiox Okfickks. 1.'i7 
 
 other courts in the county at the request of the magistrates holding 
 such other co^irts, except the courts of criminal jurisdiction of 
 cities of the first and second class. 
 
 2. Duties. Every probation officer, when so directed by the 
 court, or by a magistrate of the court, in which he is serving, shall 
 inquire into the antecedents, character and circumstances of any 
 person or persons accused within the jurisdiction of such court, 
 and into the mitigating or agravating* circumstances of the offense 
 of such person, and shall report thereon in writing to such court 
 or miagistrate. The term " probationer " shall mean a person 
 placed on probation. It shall be the duty of every probation officer 
 to furnish to all persons placed on probation under his supervision 
 a statement of the period and conditions of their probation, and 
 to instruct them concerning the same ; to keep informed con- 
 cerning their conduct and condition; to aid and encourage them 
 by friendly advice and admonition, and by such other measures, 
 not inconsistent with the conditions imposed by the court or magis- 
 trate, as may seem most suitable, to bring about improvement in 
 their conduct and condition ; to report in writing at least monthly, 
 concerning their conduct and condition to the court having juris- 
 diction over such probationers, or to a magistrate thereof ; to keep 
 records of their work; to keep accurate and complete accounts of 
 all moneys collected from probationers, to give receipts therefor 
 and to make at least monthly returns thereof; to perform such 
 other duties in connection with such probationers as the court or 
 magistrate may direct ; and to make such reports to the state pro- 
 bation commission as the commission may require. Any probation 
 officer may act as parole officer for any state penal or reformatory 
 institution when so requested hj the authorities thereof, and when 
 requested by the county judge shall act as parole officer over per- 
 sons released on parole under section nine hundred and ten. 
 
 3. Powers. Every prtibation officer may require such reports 
 by probationers under his care as are reasonable or necessary and 
 not inconsistent with the conditions imposed by the court or magis- 
 trate. Every probation officer shall have, as to persons placed on 
 probation under his care, the powers of a peace officer. 
 
 * So in original. 
 
^^° Manual foe Peobation Officers. 
 
 4-. Methods of procedure. When an.v court susiDends sentence 
 and places a defendant on probation it shall determine the con- 
 ditions and period of probation, which period of probation shall 
 not exceed, in the cases of children, their eighteenth birthday ; in 
 the case of any other defendant convicted of an offense less than a 
 felony, two years; and in the case of any other defendant con- 
 victed of a felony, five years. The conditions of probation shall be 
 such as the court shall in its discretion prescribe, and may include 
 among other conditions any or several of the following : That the 
 probationer (a) shall indulge in no unlawful, disorderly, injurious 
 or vicious habits ; (b) shall avoid places or persons of disreputable 
 or harmful character; (c) shall report to the probation officer as 
 directed by the court or probation officer; (d) shall permit the 
 probation officer to visit him in a reasonable manner at his place 
 of abode or elsewhere; (e) shall answer any reasonable inquiries 
 on the part of the probation officer concerning his conduct or con- 
 dition; (f) shall, if a child of compulsory school age, attend 
 school ; (g) shall, if an adult, or if a child but not required to at- 
 tend school, work faithfully at suitable employment; (h) shall re- 
 main or reside within a specified place or locality ; (i) shall abstain 
 for a reasonable period from the use of alcoholic beverages, if the 
 use of the same contributed to his offense; (j) shall pay in one 
 or several sums a fine imposed at the time of being placed on pro- 
 bation; (k) shall make reparation or restitution to the aggrieved 
 parties for actual damages or losses caused by his offense; and 
 (1) shall support his wife or children. The court or a magistrate 
 thereof may modify the conditions and the period of probation; 
 may in case of violation of the probationary conditions issue a 
 warrant for the arrest of the probationer; and may at any time 
 discharge the probationer; and in case of violation of the proba- 
 tionary conditions, the court may impose any penalties which it 
 might have imposed before placing the defendant on probation, 
 provided that, if committed, he be committed to an institution au- 
 thorized by law to receive commitments for the offense of which 
 he was originally convicted, and of persons of his age at the time 
 of his commitment. If a probationer without permission dis- 
 appears from oversight, or departs from the jurisdiction of the 
 court, the time during which he keeps his whereabouts hidden or 
 
Manual foe Peobation OfficEeS. 189 
 
 remains away from the jurisdiction of the court may be added to 
 the original period of probation. 
 
 5. Transfers. A court or magistrate may transfer a proba- 
 tioner from the supervision of one probation officer to that of 
 another probation officer, and such transfer shall be reported by 
 the court or magistrate to both of such probation officers and to the 
 probationer, and a record of the transfer shall be filed with the 
 records of the case. Whenever a probationer resides in a county 
 other than the county in which he has been convicted and placed 
 on probation, or whenever a probationer desires to remove to a 
 county other than that in which he has been placed on probation, 
 and it seems likely that such removal will promote his welfare 
 and will not make him a menace or public charge to such other 
 county, the court placing him on probation, or a magistrate thereof, 
 may transfer him to a salaried probation officer of the city or 
 county to which the probationer is to move, provided such pro- 
 bation officer sends the court or magistrate desiring to make such 
 transfer a written statement that he will exercise supervision over 
 the probationer, and provided such statement is approved in writ- 
 ing by the magistrate of the court to which such probation officer 
 is attached. Such probation officer shall report concerning the 
 conduct and condition of such probationer to the court or magis- 
 trate making the transfer. 
 
 {Added by Laws of 1901, chap. 3T2 ; amended by Laws of 
 1903, chap. 613-; La.ws of 1904, chap. 568; Laws of 1905, chap. 
 656; Laws of 1908, chap. 99; Laivs of 1909, chap. 482; Laivs of 
 1910, chap. 610.) 
 
 CODE OF CRIMINAL PROCEDURE, § 483. 
 
 Suspension of Sentence and Probation in Courts Prosecuting Cases 
 by Indictment; Fines to be Paid During Probation; Restitution 
 and Reparation; Transfer from Supreme to County Court. 
 
 § 483. Probation; fine; restitution; transfer from supreme to 
 county court. After a plea or verdict of guilty, in a case where 
 a discretion is conferred upon the court as to the extent of the 
 punishment, and where there appears to be circumstances in miti- 
 gation of the punishment, the court shall have power, in its dis- 
 
^^'^ Manual fob tfiOBATiON Ofi-ioebS. 
 
 cretion, to place the defendant on probation in the manner fol- 
 lowing : 
 
 1. The court upon suspending sentence, may place such person 
 on probation during such suspension under the charge ajid super- 
 vision of a probation officer. When practicable, any minor child, 
 placed on probation shall be placed with a probation officer of the 
 same religious faith as that of the child's parents. The parents, 
 guardian or master of such child, if the child has any, shall be 
 summoned by the magistrate to attend any examination or trial 
 of such child and to be present in court when the child is placed 
 on probation and informed by the court of the action taken in 
 such case. 
 
 2. If the judgment is to pay a fine and that the defendant be 
 imprisoned until it is paid, the court upon imposing sentenoe 
 may direct that the execution of the sentence of imprisonment be 
 suspended for such period of time, and on such terms and condi- 
 tions as it shall determine, and shall place such defendant on 
 probation under the charge and supervision of a probation officer 
 during such suspension, provided, however, that upon payment of 
 the fine being made, the judgment shall be satisfied and the pro- 
 liation cease. The court may, upon consent of the defendant and 
 as one of the conditions of suspension of sentence, or of pi-obation, 
 require him while under suspended sentence or on proliation to 
 make restitution or reparation to the aggrieved parties in an 
 amount to be .fixed by the court, not to exceed the actual losses or 
 damages caused by his oft'ense; or the court may require the de- 
 fendant while under suspension of sentence or on probation to sup- 
 port his children. 
 
 3. Whenever a defendant is placed on probation in the Supreme 
 court, the court or the justice thereof presiding at the time the 
 defendant is placed on probation, or if the Supreme court is not 
 sitting and if such justice is not in the county, any other justice 
 of the Supreme court in that district, may. upon the consent of the 
 defendant, enter an order transferring the probationer to the 
 jurisdiction of the county court of the county in which the con- 
 viction occurred. The powers and duties of the county court, the 
 county judge and the probation officer under whose supervision 
 the probationer is placed, shall, with respect to such probationer, 
 
Manual foe Probation Offioees. 141 
 
 thereafter be the same as though the pi^obationer were originally 
 placed on probation by such county court, under such probation 
 officer. Whenever a probationer is transferred to the jurisdiction 
 of a county court as hereina'bove provided, the Supreme court shall 
 transfer to the county court the judgment-roll of the case, or a 
 certified copy thereof. 
 
 i. At any time during the prohationary term of a person con- 
 victed and released on probation in accordance with the provisions 
 of this section, the coiirt before which, or the justice before whom, 
 the person so convicted was convicted, or his successor, or the 
 court to which the person on probation is transferred as herein- 
 above provided, may in its or his discretion, revoke and termi- 
 nate such probation. Upon such reivocation and termination, the 
 court may, if the sentence has been suspended, pronounce judg- 
 ment at any time thereafter within the longest period for which 
 the defendant might have been sentenced, or, if judg-ment has 
 been pronou.nced and the execution thereof has been suspended, 
 the court may revoke such suspension, whereupon the judgment 
 shall be in full force and effect for its unexpired terai. 
 
 (Amended by Laws of 1901, chap. 3Y2 ; Laws of 1903, chap. 
 274; Laws of 1903, cJmp. G13 ; Laivs of 1905, chap. 656; Laws of 
 1909, chap. 217; Laws of 1910, chap. 346.) 
 
 CODE OF CKLUIXAL PROCEDURE, § 487.' 
 
 Suspended Sentence; Probation Officers. 
 
 § 487. If the judgment be imprisonment, or a fine and im- 
 prisonGnent until it be paid, the defendant must forthwith be com- 
 mitted to the custody of the proper officer, and by him detained, 
 until the judgment be complied with. Where, however, the court 
 has suspended sentence or where after imposing sentence, the 
 court has suspended the execution thereof and placed the defend- 
 ant on probation, as provided in section four hundred and eighty- 
 three of the code of criminal procedure, the defendant must forth- 
 with be placed under the care and supervision of the probation 
 officer of the court committing him, until the expiration of the 
 period of probation and the compliance with the terms and condi- 
 tions of the sentence or of the suspension thereof. Where, how- 
 ever, the probation has heen terminated, as provided in paragraph 
 
^^^ Manual for Pkobation Officeks. 
 
 four of section four hundred and eighty^fchree of the code of crim- 
 inal procedure, the suspension of the sentence or of the execution re- 
 voked, and the judgment pronounced, the defendant must forth- 
 with be committed to the custody of the proper officer and by 
 him detained until the judgment be complied with. 
 
 (Amended by Laws of 1901, chap. 372; Laws of 1903, chap. 
 613.) 
 
 CODE OF CRIMISAL PROCEDURE, § 718. 
 
 Probation and Collection of Fines and Restitution During Probation 
 
 in Courts of Special Sessions Outside New York City. 
 
 § 718. Judgment of imprisonment, until fine be paid; extent of 
 imprisonment; probation; restitution. A judgment that the de- 
 fendant pay a fine may also direct that he be imprisoned until the 
 fine be satisfied ; specifying the extent of the imprisonment, which 
 cannot exceed one day for eveiy one dollar of the fine. The court 
 may require a defendant to pay a fine or restitution, or to make 
 reparation, as provided in subdivision two of section four hundred 
 and eighty-three. 
 
 {AmeTided by Laws of 1910, chap. 609.) 
 
 CODE OF GRIMIKAL PEOGEDVRE, § 903. 
 
 Probation of Disorderly Persons and Payments During Probation for 
 Support of Family. 
 
 § 903. Certificate to constitute record of conviction, and to be filed; 
 commitment thereon; probation. The magistrate must immediately 
 cause the certificate, which constitutes the record of conviction, to 
 be filed in the office of the clerk of the county, and must, by a war- 
 rant signed by him with his name of office, commit the defendant 
 to the county jail, or in the city of ISTew York, to the city prison 
 or penitentiary of that city, or in the county of ^lonroe, to the 
 penitentiary of that county, for not exceeding six months at hard 
 labor, or until he gives the security prescribed in section nine 
 hundred and one ; or, if the defendant be a person described in the 
 first or second subdivision of section eight hundred and ninety- 
 nine, the magistrate may require him while on probation to pay 
 through the probation officer weekly a reasonable sum for the sup- 
 port of his wife or children. 
 
 {Amended by Law.t of 1910, cliap. 609.) 
 
Maijual foe Probation Officers. 143 
 
 code of criminil procedure, § 910. 
 
 Release of Disorderly Persons from Institutions on Parole Under a 
 
 Probation Officer. 
 
 § 910. Court may discharge, place on probation, or authorize the 
 binding out of disorderly person. The court may discharge a person 
 so committed from imprisonment, either absolutely or on parole 
 tinder a salaried probation officer, or upon his giving security as 
 provided in section nine hundred and one, or if he be a minor, 
 may authorize the county superintendents of the poor, or the 
 overseers of the poor of the town, or in the city of 'New York, the 
 commissioner of charities, to bind him out in some lawful calling 
 as a servant, apprentice, mariner or otherwise, until he be of age; 
 or if he be of age, to contract for his service with any person, as a 
 laborer, servant, apprentice, mariner or otherwise, for not exceed- 
 ing one year. The binding out or contract, pursuant to this sec- 
 tion, has the same effect as the indenture of an apprentice, with 
 his own consent and that of his parents, and subjects the person 
 bound out or contracted, to the same control of his master and of 
 the county court of the county, as if he were bound as an appren- 
 tice. 
 
 {Amended by Laivs of 1910, chwp. 609.) 
 
 PENAL LAW, § 486, suhdiv. 9. 
 
 Probation of Neglected and Dependent Children Outside of Cities of 
 
 the First Class. 
 
 § 486. Prohibited acts; destitute children. 
 
 9. Whenever any child is brought before any court or magis- 
 trate, to be dealt with under any of the subdivisions of this sec- 
 tion, instead of committing such child to confinement in any in- 
 stitution, the court or magistrate may place such child under the 
 custody of a probation or parole officer, and at any time within 
 one year thereafter such court or magistrate, may issue a warrant 
 for such child, and after giving such child an opportunity to be 
 heard, may make the commitment which could have been made in 
 the first instance as aforesaid. The foregoing provision shall not 
 apply to a children's court created by special enactment in citiee 
 
■^*^ Manual foe Peobation Officeks. 
 
 of the first class but this exception, shall not be construed as taking 
 away or limiting any jurisdiction now possessed by such chil- 
 dren's courts. 
 
 {Added by Laws of 1905, chap. 655 ; amended hy Laws of 
 1909, chap. 88.) 
 
 PEXAL LAW, § 494, 
 
 Adult Contributory Delinquency; Probation. 
 
 § 494. 1. A parent, guardian or other person having custody 
 of a child actually or apparently under sixteen years of age, who 
 omits to exercise reasonable diligence in the control of such child 
 to prevent such child from becoming guilty of juvenile delinquency 
 as defined by statute, or from becoming adjudged by a children's 
 court in need of the care and protection of the state as defined by 
 statute, or who permits such a child to associate with vicious, im- 
 moral or criminal persons, or to grow up in idleness, or to beg or 
 solicit alms, or to wander about the streets of any city, town or 
 village late at night without being in any lawful business or occu- 
 pation, or to furnish entertainment for gain upon the streets or in 
 any public place, or to be an habitual truant from school, or to 
 habitually wander around any railroad yard or tracks, to enter 
 any house of prostitution or assignation, or any place where gam- 
 bling is carried on, or any gambling device is operated, or any 
 fiolicy shop, or to enter any place where the morals of such child 
 may be endangered or depraved or may be likely to be impaired, 
 and any such person or any other person who knowingly or wil- 
 fully is responsible for, encourages, aids, caiTses, or connives at, 
 or who knowingly or wilfully does any act or acts to produce, 
 promote or contribute to the conditions which cause such child to 
 be adjudged guilty of juvenile delinquency, or to be in need of the 
 care and protection of the state, or to do any of the acts herein- 
 before enumerated, shall be guilty of a misdemeanor. 
 
 2. Any magistrate presiding over a court having the jurisdic- 
 tion hereinafter conferred upon it may upon an oral or written 
 complaint, or upon his own instance, when he has reason to be- 
 lieve that any parent or guardian or other person should be prose- 
 cuted under the provisions of this act, issue a summons directed 
 to such parent, guardian or other person substantially as follows : 
 
Manual for Peobation Officeks. lin 
 
 IN THE NAME OF THE PEOPLE OF THE STATE OF 
 
 NEW YORK: 
 To 
 
 You are hereby summoned to appear before court at 
 
 to tlie end that au investigation may be made into the 
 
 charge that you have contributed to or are responsible for 
 
 ! of 
 
 (state charge) (name of child) 
 
 and upon your failure to appear at the time and plai'c herein men- 
 tioned you are liable to a fine not exceeding twenty-five dollars. 
 
 Dated at , this day of 1910. 
 
 (Signed by magistrate.) 
 
 Such summons niay be served by a police officer or by any other 
 person designated by the magistrate, and if the person summoned 
 does not appear such failure to appear shall constitute contempt, 
 and may be punishable by a fine not exceeding twenty-five dollars. 
 The magistrate may issue subpoenas subject to the same penalties 
 for disobedience thereof, or refusal to testify thereunder, as pro- 
 vided for in the code of civil procedure. Upon the return of the 
 summons the magistrate shall inquire into the subject-matter of 
 the charge. Whenever during the investigation the magistrate is 
 satisfied from sworn testimony that there is sufficient cause for a 
 warrant to issue, instead of issuing the warrant, if he deems it 
 for the best interest of the person summoned and the state, upon 
 the consent of the person summoned given in open court, the 
 magistrate may adjourn the investigation from time to time for 
 a period aggregating not more than one year and place the person 
 summoned under the oversight of a probation officer during the 
 adjournment, or may cause the person summoned to give a bond to 
 the people of the state of New York, for not to exceed one year, 
 with or without sureties, in such sum not to exceed two hundred 
 and fifty dollars as he may direct. The probation officer cannot 
 require the person so placed tmder his oversight to do more than 
 to satisfy inquiries regarding the conduct or condition of the 
 child, or regarding the conduct or' condition of such person in so 
 far as it relates to the conduct or condition of the child. The 
 
1^6 Manual fob Probation Officees. 
 
 condition of such bond shall 'be that if the obligor shall exercise 
 reasonable diligence during the time iixed in the bond, which can- 
 not exceed the period of adjournment, to prevent a continuance 
 or repetition of the condition, conduct, act, acts, offense or offenses 
 of such child as was the special cause of the investigation and if 
 charged with the custody of the child also to exercise reasonable 
 diligence in the discipline and control of such child, and appear 
 in court from time to time as ordered, then the bond shall be void, 
 otherwise in full force and effect. On the adjourned day the per- 
 son summoned must appear in court and if the magistrate is satis- 
 fied that the person summoned has exercised reasonable diligence 
 to prevent such continuance or repetition of the condition, con- 
 duct, act, acts, offense or offenses of such child, and if charged 
 with the custody of the child has also exercised reasonable dili- 
 gence in the discipline and control of such child during the period 
 of adjournment he must dismiss the proceeding and cancel the 
 bond if any. If he is not so satisfied he must either issue the 
 warrant, or upon the consent of the person summoned given in 
 open court he must continue the adjournment, probationary over- 
 sight and bond if any, but all of such adjournments cannot exceed 
 one year from the date of the first adjournment. IsTothing herein 
 contained shall interfere with the right of a magistrate to issue 
 the warrant in the first instance upon sworn information, or at the 
 close of the investigation, and the magistrate who presides at the 
 investigation, or his successor, may at any time during the ad- 
 journment, upon notice to the person summoned to appear and 
 show cause, revoke and cancel the adjournment and issue the war- 
 rant. 
 
 3. Whenever a person is convicted of the misdemeanor herein- 
 before defined and sentence is suspended the court may place the 
 defendant upon probation for a period of not more than one year ; 
 provided that the court may cause the defendant to give a bond to 
 the people of the state of ISTew York, with or without sureties, in 
 a sum not to exceed five hundred dollars. The condition of such 
 bond shall be that if the obligor shall exercise reasonable diligence 
 during the time fixed in the bond, which cannot exceed one year, 
 to prevent a continuance or repetition of the condition, conduct, 
 act, acts, offensp or offenses of such child which was the cause of 
 
Manual ,foe Probation Officees. 147 
 
 defendant's prosecution, and if charged with, the custody of the 
 child also to exercise reasonable diligence in the discipline and 
 control of such child and appear in court from time to time as 
 ordered, then such bond shall be null and void, otherwise in fiiU 
 force and effect. The magistrate who presided at the trial, or his 
 successor, if he is satisfied that the defendant has violated the 
 terms and conditions of probation and bond if any may at any 
 time revoke and cancel the suspension of sentence and probation 
 and impose sentence. 
 
 4. The prosecution of all bonds given during an adjournment 
 of an investigation or after conviction herein shall be upon the 
 order of the magistrate who presided at the investigation or trial, 
 or his successor, and all money collected on such bonds shall in 
 the discretion of such magistrate be deposited in the office of the 
 county treasurer to be expended under the orders of the magis- 
 trate or his successor for the benefit of the child or children in 
 whose interest such bond is given. 
 
 5. Original and exclusive jurisdiction of all proceedings, inves- 
 tigations and trials instituted under this act is limited to com'ts of 
 special sessions, police and city coiirts presided over by magistrates 
 who hold or are assigned to children's courts, except in the city of 
 ISTew York, where the jurisdiction is hereby conferred upon and 
 shall be exercised by the city magistrates. 
 
 {Added by Laws of 1910, chaf. 699.) 
 
 PENAL Li.M', § 1221. 
 
 Probation in Cases of Public Intoxication Outside of New York City; 
 Fines; Commitments. 
 
 § 1221. Intoxication in a public place. Any person intoxicated 
 in a public place may be arrested without warrant while so in- 
 toxicated, and be taken before a magistrate having jurisdiction 
 for examination on a charge of public intoxication. If such 
 charge is sustained the court or magistrate shall : 
 
 1. Eelease such person on probation for a period not exceeding 
 one year, and may in addition impose a fine not exceeding ten 
 dollars payable in instalments as the court may direct; or 
 
148 Manual fok Peobation , Ofh-icers. 
 
 2. Impose upon such person a fine not exceeding ten dollars, or 
 a sentence of imprisonment not exceeding six months, or both 
 such fine and imprisonment; or 
 
 3. Cause such person to bo committed to a hospital and indus- 
 truil colony as provided in subdivision two of section one hundred 
 and thirty-nine-a of the general municipal law. 
 
 Provided that, whenever in any city a board of inebriet}- shall 
 ha\x' certified in writing to the mayor of such city that the hos- 
 pital and industrial colony of said board is ready to receive 
 inmates, and notwithstanding any other provision of law, the court 
 or magistrates having jurisdiction, shall : 
 
 a. Dismiss the complaint upon the receipt of a written request 
 for release from a person 'arrested for public intoxication and upon 
 the receipt of a report from a probation officer of the board of 
 inelbriety as provided in subdivision one of section one hundred 
 and thii-ty-nine-a of the general municipal law; or 
 
 b. Issue warrant for the arrest of such person released pursuant 
 to the provisions of subdivision one of section one hundred and 
 thirty-nine-a of the general mimicipal law, and make such dis- 
 position of the case as is authorized in the subsequent provisions 
 of this section ; or 
 
 c. Release such person, under the supervision of a probation 
 officer appointed by the board of inebriety, for a period not ex- 
 ceeding one year and upon such conditions as the court may im- 
 pose. Upon violation of any of these conditions the probationer 
 may be arrested on a warrant issued by the president or secretary 
 of the board of inebriety and broiight before the court. The court 
 may, thereupon, impose sentence upon such probationer as pro- 
 vided in the subsequent provisions of this section and shall do so 
 if the probationer has been released under supervision two or 
 more times and has twice violated the conditions of his release ; or 
 
 d. Release such person on probation as in the next preceding 
 subdivision of this section, and in addition impose a fine not ex- 
 ceeding twenty-five dollars. Such fine may be paid in instalments 
 in such amounts and at such times as the court may determine and 
 shall be paid to the board of inebriety in such manner as said 
 board may direct. Upon failure to pay such fine as directed, the 
 probationer may be arrested and brought before the court as pro- 
 
Manual foe rnoBATiox Officers, 149 
 
 vided in the next preceding subdivision of this section. The 
 court may, thereupon, impose sentence iipon such probationer as 
 provided in the subsequent provisions of this section and shall do 
 so if the probationer has been released two or more times with an 
 added fine imposed and has twice failed to pay the fine. All 
 fines and portions of fines so collected shall be reported to the court 
 by which such fine was imposed ; or 
 
 e. Commit such person to the custody of the board of inebriety 
 on an indeterminate sentence, for a period not exceeding six 
 months, provided such person has not been previously committed 
 to the custody of such board, and provided he has been previously 
 arrested for public intoxication two or more times within the 
 twelve months next preceding ; or 
 
 f. Commit such person to the custody of the board of inebriety 
 on an indeterminate sentence, for a period of not less than six 
 months nor more than one year, provided such person has previ- 
 ously been committed to such board ; or 
 
 g. Commit such person to the custody of the board of inebriety 
 on an indeterminate sentence, for a period of not less than one 
 year nor more than three years, provided such person has been 
 previously committed two or more times to siTch board ; or 
 
 h. Commit such person to a penitentiary for a period of not 
 less than one year nor more than three years, provided such person 
 has previously been committed to the board of inebriety and 
 the board has applied to the court to be released from the care and 
 custody of such person as provided in subdivision five of section 
 one hundred and thirty-nine-a of the general municipal law. The 
 provisions of section twelve hundred and twenty-one shall not 
 apply to the city of 'Sew York. 
 
 (Amended by Laws of 19] 1, chap. YOO.) 
 
 PENAL LAW, § 2188. 
 Suspension of Sentence and Probation. 
 
 § 2188. Duty of court to sentence; suspending sentence. The 
 several sections of this chapter which declare certain crimes to he 
 punishable as therein mentioned devolve a duty upon the court 
 authorized to pass sentence to determine and impose the punish- 
 ment prescribed, but such court may in its discretion suspend 
 
150 Manual foe PeoBatIOIt Officers. 
 
 sentence, during the good behavior of the person convicted, where 
 the maximum term of imprisonment prescribed by law does not 
 exceed ten years and such person has never been convicted of a 
 felony. Courts of special sessions are empowered to suspend sen- 
 tence and at any time within the longest period for which a defend- 
 ant might have been sentenced, may issue process for the re-arrest 
 of the defendant, and when arraigned the court as it is then con- 
 stituted may proceed to enter judgment and impose sentence. 
 
 In the case of children under sixteen years of age, at the time 
 of conviction, the longest period of time after suspension of sen- 
 tence within which a sentence may be imposed for such offense 
 shall be one year; and in any proceeding of a criminal nature, 
 triable before a magistrate, the magistrate upon conviction, may 
 suspend sentence and place the offender iinder probation and at 
 any time thereafter, during the longest period for which he could 
 have been committed in the first instance, such magistrate, or his 
 successor, if his term has expired, 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. 
 
 (Amended by Laws of 1905, chap. 655; Laivs of 1909, chap. 
 88.) 
 
 STATE BOARDS AyD COMMISSIOXS LAW* §§ 30 and 31. 
 
 State Probation Commission; Organization, Powers and Duties. 
 
 § 30. Organization, powers and duties of state probation commis- 
 sion. The state probation commission is continued. Such com- 
 mission shall exercise general supervision over the work of pro- 
 bation oificers 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 com- 
 mission 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 oiScio, a member thereof. As the terms of the appointive 
 
 * The state Boards and Commissions Law constitiites chapter 54 of the 
 Consolidated Laws. 
 
Manual toe Prodatiox OpFrcEits. 151 
 
 members, first appointed by the governor, shall expire, their suc- 
 cessors 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 
 fi:xed by such commission, not less than once every two months. 
 It shall collect and publish statistical and other information, 
 and make recommendations, as to the operations of the proba- 
 tion 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 pro- 
 bation 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 pulblish 
 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 enforcement of the pro- 
 bation law in all parts of the state. It shall make an anniial 
 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 recom- 
 mendations it may consider wise for the more effectual accomplish- 
 ment 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 siich 
 investigation are hereby empowered to issiie 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. 
 
l5^ Manual for Probation Offickhp. 
 
 § 31. Employees of state probation commission. The state proba- 
 tion 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 appro- 
 priated for its 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. 
 
 {Laws of 1907, chap. 430; amended by Laws of ]909, chap. 
 56; Laius of 1910, chap. 613.) 
 
 GENERAL MVNIGlPAh LAW, U 138, 139-a.* 
 
 {Added ly Laws of 1911, chap. 700.) 
 
 (Note. — TMs laic permits the establishment of a board of inebriety in 
 cities of the first and second class outside of New York city, and authorizes 
 .such booA-ds to appoint probation offi-eers and to place persons convicted of 
 public intoxication under their supervision.) 
 
 2. LOCAI LAWS. 
 BUFFALO. 
 
 BUFFALO CITY COURT ACT. 
 
 Children's Court Procedure; Probation; Probation Officers. 
 
 § 92. Disposition in certain cases of children charged with mis- 
 demeanor. Whenever a child is charged with an offense of the 
 grade of a misdemeanor or under section twenty-one hundred and 
 eighty-six of the penal law permitted to be tried as a misdemeanor, 
 the judge sitting in the children's court shall as far as is consistent 
 with the interest of the child and of the state consider the child 
 not as upon trial for the commission of a crime but as a child in 
 
 * The General Municipal Law constitutes chapter 24 of the Consolidated 
 Laws. 
 
Makual foe Probation Officers. \^>'-j 
 
 need of the care and protection of the state; to that end he may, 
 if the child or either parent or any guardian or custodian of such 
 child shall so request, before proceeding with the trial of the 
 child for the offense charged, or at any stage of the trial and before 
 conviction, suspend the trial and inquire into all the facts and 
 surrounding circumstances of the case, and if the judge shall so 
 find, he may in his discretion in lieu of proceeding with the trial, 
 adjudge the child to be in need of the care and protection of the 
 state and thereupon he shall deal with such child in all respects in 
 the manner provided in section four hundred and eighty-six of 
 the penal law in the case of a child not having proper guardian- 
 ship ; and in a case Avhere lie shall so adjudge, before or instead 
 of committing such child to confinement in any institution, he ma}' 
 commit him to the detention house provided for in this act or place 
 such child on probation. 
 
 § 100. Appointment, removal, and compensation of probation 
 officers. A majority of the judges shall have authority to appoint 
 fi-ve probation officers and such additional probation oiEccrs as the 
 common council may by ordinance from time to time authorize. 
 The chief judge or a majority of the judges may at pleasure 
 rpuiove any probation officer. \ inajority of the judges may 
 designate one of the probation officers so appointed to be chief 
 probation officer. The common council of the city of Buffalo shall, 
 by ordinance, provide for the compensation of probation officers 
 appointed in pursuance hereof, and for the payment of such ex- 
 penses as are necessarily incurred by them in the performance of 
 their duties. 
 
 § 101. Powers and duties of probation officers. The probation 
 officers shall have all the powers and duties now conferred upon 
 prdbation officers by the code of criminal procedure. They shall 
 keep such records and conform to such rules and regulations as 
 may be established by a majority of the judges. The chief pro- 
 bation officer shall perform such additional or special duties as 
 may be required by rule of a majority of the judges. It shall be 
 the duty of the chief judge to see that such rules and regulations 
 are observed and that such records are properly kept. 
 
1S4 Manual foe Peobation Officees. 
 
 § 102. Children's court; probation officers in. So far as is con- 
 sistent with proper administration, certain of the probation officers 
 shall be permanently assigned by a majority of the judges to the 
 children's court. 
 
 § 103. Children; period of probation. A child may be placed on 
 probation for such time as the judge 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. 
 
 § 104. Adults; period of probation. An adult convicted of a mis- 
 demeanor may he placed on probation for such time as the judge 
 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 any judge thereof has summary jurisdiction 
 may be placed on probation for such time as the court or the 
 judge may deem proper, not longer, however, than one year. 
 
 § 105. Revocation of probation. Probation may be revoked at 
 any time within the maximum periods above mentioned by the 
 court or any judge thereof ; but so far as practicaWe the revocation 
 of proibation shall be made by the judge or judges who placed the 
 child or adult on probation. Upon such revocation the judge or 
 judges 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 im- 
 pose 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 
 any judge 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 any judge thereof, may proceed to enter 
 judgment and impose sentence as herein provided. 
 
 § 106. Revocation of designation of police officer. Whenever a 
 
 police officer is appointed or designated a probation officer with 
 the concurrence of the department of police, such appointment or 
 
Manual foe Peobation Officees. 155 
 
 designation cannot 'be revoked by any official of the department of 
 police for the period of one year from the date of such appoint- 
 ment; and such police officer while serving as a probation officer 
 shall be subject only to the orders of the court or the judges 
 thereof, except in cases of emergency when his services may be 
 required by the department of police, or except that he may be 
 suspended, reduced or removed by the board of police for the 
 reason and in the manner provided by section one hundred and 
 ninety-two of the revised charter of the city of Buffalo. The 
 judges may revoke the appointment or desig-nation of any police 
 officer at pleasure, and thereupon such police officer must return 
 at once to his duties in the department of police. 
 (Laws of 1909, chap. 570, §§ 92, 100-106.) 
 
 Note. — The provisions of this law relating to the prohation of children 
 were superseded on January 1, 1912, by the provisions of the Laws of 1911, 
 chapter 651. See next citation. 
 
 BUFFALO. 
 
 CHARTER OF THE CITY OF BUFFALO. 
 
 Children's Court Procedure; Probation of Children and Adults; 
 
 Probation Officers. 
 
 § 521. Disposition in certain cases of children charged with mis"- 
 demeanor. "\^Tienever a child is charged with an offense of the 
 grade of a misdemeanor or under section twenty-one hundred and 
 eighty-six of the penal law permitted to be tried as a misdemeanor, 
 the judge shall as far as it is consistent with the interest of the 
 child and of the state consider the child not as upon trial for the 
 commission of a crime but as a child in need of the care and pro- 
 tection of the state; to that end he may, if the child or either 
 parent or any guardian or custodian of such child shall so request, 
 before proceeding with the trial of the child for the offense 
 charged, or at any stage of the trial and before conviction, suspend 
 the trial and inquire into all the facts and surrounding circum- 
 stances of the case, and if the judge shall so find, he may in his 
 discretion in lieu of proceeding with the trial, adjudge the child 
 to be in need of the care and protection of the state and thereupon 
 he shall deal with such child in all respects in the manner pro- 
 vided in section four hundred and eighty-six of the penal law in 
 
I'^C Manual foe Probation OKifJCEES. 
 
 the case of a child not having proper guardianship; and in a ease 
 where he shall so adjudge, before or instead of comraitting such 
 child to confinement in any institution, he may commit him to the 
 detention house provided for in this title or place such child on 
 probation. 
 
 § 524. Appointment, removal and compensation of probation 
 officers. The judge of this court shall have authority to appoint 
 three probation officers, one of whom must be a woman, and such 
 additional probation officers as the common council may by ordi- 
 nance from time to time authorize. The judge of this court may 
 at pleasure remove any probation officer. The common council of 
 the city of Buffalo shall, by oi-dinance, provide for the compensa- 
 tion of probation officers, and for the payment of such expenses as 
 are necessarily incurred by them in perfonnance of their duties. 
 
 § 525. Powers and duties of probation officers. The probation 
 officers shall have all the power and duties now conferred upon pro- 
 bation officers by the code of criminal procedure. They shall keep 
 such records and conform to such rules and regulations as may be 
 established by the judge. It shall be the duty of the judge to see 
 that such niles and regulations are observed and that such records 
 are properly kept. 
 
 § 526. Children; period of probation. A child may be placed 
 on probation for siich time as the judge 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. 
 
 § 527. Adults; period of probation. An adult convicted of a 
 misdemeanor may be placed on probation for such time as the 
 judge may deem proper, not longer, however, than two years. 
 
 § 528. Revocation of probation. Probation may be revoked at 
 any time within the maximum periods above mentioned by the 
 judge. Upon such revocation the judge may make such commit- 
 ment as could have originally been made if the child or adult had 
 not been placed on probation, and to that end may pronounce any 
 
Manual foe Peobation Officees. 157 
 
 judgment, or sentence, or impose any fine, or other penalty, or 
 make any commitment which might have been pronounced, im- 
 posed or made at the time the conviction was had. "Whenever pro- 
 bation is revoked, the judge may issue process for the rearrest of 
 the defendant and when arraigned the judge may proceed to enter 
 judgment and impose sentence as herein provided. 
 
 § 529. Revocation of designation of police officer. Whenever 
 a police officer is appointed or designated a probation officer with 
 the concurrence of the department of police, such appointment or 
 designation cannot be revoked by any official of the department 
 of police for the period of one year from the date of such appoint- 
 ment ; and such officer while serving as a probation officer shall be 
 subject only to the orders of the judge, except in cases of emer- 
 gency when his services may be required by the department of po- 
 lice, or except that he may be suspended, reduced or removed by 
 the board of police for the reason and in the manner provided by 
 section one hundred and ninety-two of this act. The judge may 
 revoke the appointment or designation of any police officer at 
 pleasure, and thereupon such police officer must return at once to 
 his duties in the department of police. 
 
 (Laius of 1911, chap. 651.) 
 
 MONROE COUNTY. 
 
 AX ACT TO ESTABTASH THE CHILDIiEX'K PART OF MOSROE COVVTY 
 
 COURT. 
 
 Monroe County Court; Exclusive Jurisdiction in Cases of Delinquent 
 and Neglected Children ; Chancery Procedure ; Probation ; Probation 
 Officers. 
 
 ■Section 1. The county court of Monroe county shall have 
 original and exclusive jurisdiction of all cases coming within the 
 terms and provisions of this act. This act shall be construed 
 liberally and as remedial in character; and the powers hereby 
 conferred are intended to be general to effect the beneficial pur- 
 poses herein set forth. 
 
 § 2. This act shall apply to any child less than sixteen years 
 of age residing or being at the time in Monroe county. 
 
 A. Who violates any penal law or any municipal ordinance, or 
 who commits any act or offense for which he could be prosecuted 
 
158 Manual fok Peobation Officees. 
 
 in a method partaking of the nature of a criminal action ok pro- 
 ceeding (except a crime punishable by death or life imprison- 
 ment), or 
 
 B. Who engages in any occupation, calling or exhibition or is 
 found in any place for permitting which an adult may be pun- 
 ished by law, or who so deports himself or is in such condition or 
 surroundings or under such improper or insufficient guardianship 
 or control, as to endanger the morals, health or general welfare of 
 said child. 
 
 § 3. Any person having knowledge or information that a child 
 residing in or actually within the county is within the provisions 
 of the preceding section may file with said county court a verified 
 petition stating the facts that bring such child within said pro- 
 visions. The petition may be upon information and belief. The 
 title of the proceeding shall be, " County Court, County of Mon- 
 roe. In the Matter of (Inserting JSTame), a Child under Sixteen 
 Years of Age." The petition shall set forth the name and resi- 
 dence of the child and of the parents, if known to the petitioner, 
 and the name and residence of the person having the gaiardian- 
 ship, custody, control and supervision of such child, if the same be 
 known or ascertained by the petitioner, or the petition shall state 
 that they are unknown, if that be the fact. 
 
 § 4. Upon filing the petition, the court or a judge thereof may 
 forthwith, or after first causing an investigation to be made by a 
 probation officer or other person, cause a summons to be issued 
 signed by one of the judges or the special clerk of said court, re- 
 quiring the child to appear before the court and the parents, or 
 the guardian, or the person having the custody, control or super- 
 vision of the child, or the person with whom the child may be, to 
 appear with the child, at a place and time stated in the summons, 
 to show cause why the child should not be dealt with according to 
 the provisions of this act. 
 
 § 5. If it appears from the petition that the child is embraced 
 within subdivision A of section two, or is in such condition that 
 the welfare of the child requires that its custody be immediately- 
 assumed, the court may indorse upon the summons a direction that 
 the officer serving the same shall at once take said child into his 
 custody; in the meantime such child may be admitted to bail or 
 
Manual foe Probation Otticees. 159 
 
 released in the custody of a probation officer or other person by 
 one of the judges of said court, the special clerk or the chief pro- 
 bation officer ; but when not so released, the child shall be detained 
 pending the hearing of the case in the shelter hereinafter provided 
 for; and in no case arising under this act shall any child be 
 placed in a jail, common lock-up or other place where adult crimi- 
 nals are confined. 
 
 § 6. Service of summons within the county of Monroe shall be 
 made personally by delivering to and leaving with the person sum- 
 moned a true copy thereof. If it shall be made to appear, by 
 affidavit, that reasonable but unsuccessful effort has been made to 
 serve the summons personally upon the parties named therein, 
 other than said child, the court or any judge thereof at any stage 
 of the proceedings may make an order for substituted service of 
 the summons or of a supplemental summons in the manner pro- 
 vided for substituted service of civil process in courts of record, 
 and if such parties are without said county, service may be made 
 by mail, by publication or personally withoiit the county in such 
 manner and at such time before the hearing as in said order di- 
 rected. It shall be sufficient to confer jurisdiction if service is 
 effected at any time before the time fixed in the summons for the 
 return thereof, but the court, if requested, shall not proceed with 
 the hearing earlier than the third day after the date of the service. 
 Proof of service shall be made substantially as in courts of record. 
 Failure to serve summons upon any person other than said child 
 shall not impair the jurisdiction of the coiirt to proceed in cases 
 arising under subdivision A of section two, provided that, for good 
 cause shown, the court make an order dispensing with such servdce.' 
 The summons shall be considered a mandate of the court, and wil- 
 ful failure to obey its requirements shall subject any person guilty 
 thereof to liability for punishment as for a criminal contempt. At 
 any stage of the case, the court may, in its discretion, appoint an 
 attorney or other suitable person to be the guardian ad litem of 
 the said child for the purposes of the proceeding, and the court 
 may call xipon the district attorney of said county to attend to 
 assist the court in any proceeding under this act; and the sheriff 
 of said county shall serve or cause to be served all papers which 
 are directed by the court to be served by him, and a suitable allow- 
 
160 Manual foe Peobation Officbes. 
 
 ance shall be made by the board of supervisors for his actual dis- 
 bursemetats in effecting such service ; but all papers may be served 
 by any person delegated by the court for that purpose. The ex- 
 pense incurred in making substituted service or service by pub- 
 lication or personally without the county shall be a county charge. 
 § 7. Upon the return of the summons, or at the time set for the 
 hearing, the court shall proceed to hear and determine the case. 
 The court may conduct the examination of the witnesses without 
 the assistance of counsel, and may take testimony and inquire into 
 the habits, surroundings, condition and tendencies of said child, 
 to enable the court to render such order or judgment as shall best 
 conserve the welfare of said child and carry out the objects of this 
 act ; and the court, if satisfied that the child is in need of the care 
 or discipline and protection of the state, may so adjudicate, and 
 may in addition find said child to be delinquent or neglected, or 
 in need of more suitable guardianship, as the case may be ; and in 
 addition to the powers granted by this act, may render such judg- 
 ment and make such order or commitment, according to the cir- 
 cumstances of the case, as any court or magistrate is now or may 
 hereafter be authorized by law to render or make in any of the 
 casts coming within section two of this act. It is the intention 
 of this act that in all proceedings coming under its provisions the 
 court shall proceed upon the theory that said child is the ward of 
 the state, and is subject to the discipline and entitled to the protec- 
 tion which the court should give such child under the conditions 
 disclosed in the ease; and when once jurisdiction has been obtained 
 in the case of any such child, it shall continue for the purposes of 
 this act during the minority of said child. The court shall have 
 power, upon the hearing of any case involving any child, to ex- 
 clude the general public from the room wherein said hearing is 
 held, admitting thereto only such persons as may have a direct 
 interest in the case; and the records of all eases may be withheld 
 from indiscriminate public inspection in the discretion of the 
 court; but such records shall be open to inspection of such child, 
 his parents or guardians, or his attorneys, at all times. The hear- 
 ings may be conducted in the judge's chambers or in such other 
 room or apartment as the siipervisors may provide for such cases ; 
 
Manual foe Probation Officers. 161 
 
 and as far as practicable such cases shall not be heard in conjunc- 
 tion with the other business of the court. No adjudication under 
 the provisions of this act shall operate as a disqualification of the 
 child for any office under any state or municipal civil service; and 
 such child shall not be denominated a criminal by reason of any 
 such adjudication; nor shall such adjudication be denominated a 
 conviction. 
 
 § 8. Nothing in this act contained shall be construed as forbid- 
 ding the arrest, with or without warrant, of any child as now or 
 hereafter may be provided by law, or as forbidding the issuing of 
 warrants by magistrates, as provided by law; whenever a child 
 less than sixteen years of age is brought before a magistrate in 
 said county, such magistrate shall transfer the case to the county 
 court by an order directing that said child be taken forthwith to 
 the shelter; such magistrates may, however, by order admit such 
 child to bail, or release said child in the custody of some suitable 
 person as now provided by law, to appear before said court at a 
 time designated in the said order. All informations, depositions, 
 warrants and other process in the hands of such magistrate shall 
 be forthwith transmitted to the county court, and shall become 
 part of its records; the county court shall thereupon proceed to 
 hear and dispose of such case in the same manner as if the pro- 
 ceeding had been instituted in said county court upon petition, as 
 hereinbefore provided. In all cases the nature of the proceeding 
 shall be explained to said child, and if they appear, to the parents, 
 custodian or guardian; and intermediate the arrest of such child 
 with or without warrant, and the appearance of said child before 
 the county court, if not paroled or otherwise released, he shall be 
 detained in the shelter where he shall be received and cared for 
 subject to the order of the court or one of the judges thereof. 
 
 § 9. An appeal may he taken from any final order or judgment 
 of said court to the appellate division of the Supreme court within 
 sixty days after the entry of said order, and if any such appeal is 
 taken by the guardian ad litem appointed for said child by said 
 court, said court may, in its discretion, grant an order auditing 
 and allowing the actual disbursements of said guardian ad litem 
 in printing his papers on appeal; whereupon said disbursements 
 6 
 
162 Manual for Probation Officers. 
 
 shall become a claim against the county of Monroe, to be paid as 
 a county charge. 
 
 § 10. The county judge may arrange with any incorporated 
 society or association maintaining a shelter or suitable place of 
 detention for children in said county for the use thereof as a 
 shelter or temporary detention home for children coming within 
 the provisions of this act, and may enter an order which shall be 
 effectual for that purpose; and a reasonable sum shall be appro- 
 priated by the board of supervisors for the expenses incurred by 
 said society or association for the care of such children. If, how- 
 ever, the county judge shall certify that a suitable arrangement 
 for such use cannot be made, or continued, the board of supervisors 
 shall establish, equip and maintain a home for the temporary de- 
 tention of such children separated entirely from any place of con- 
 finement of adults, to be called " the county shelter," which shall 
 be conducted as an agency of the county court for the purposes of 
 this act and, so far as possible, shall be furnished and carried 
 on as a family home and shall be in charge of a superintendent 
 and a matron who shall reside therein. The county judge shall 
 have authority to appoint said superintendent, matron and the 
 other employees of said county shelter in the same manner in 
 which probation officers are appointed under this act, their salaries 
 to be fixed and paid in the same manner as the salaries of proba- 
 tion officers. The county judge may appoint as such superintend- 
 ent or matron one of the probation officers, with or without addi- 
 tional salary. The necessary expenses incurred in maintaining 
 said county shelter shall be paid by the county. 
 
 § 11. The county judge may appoint a special clerk to keep the 
 records and act as clerk of the court in cases under this act, and 
 a chief probation officer, whose duty it shall be to act under the 
 direction of said court in the cases arising under this act; and 
 said clerk and said chief probation officer shall be paid such rea- 
 sonable compensation as the board of supervisors may determine, 
 as a county charge. If the county judge finds it compatible with 
 the public interest, he may name a probation officer or other per- 
 son in the county service to act as the clerk. The coxmty judge 
 may also, if found necessary for the adequate care and protection 
 of the children under the jurisdiction of the court, appoint one or 
 
Manual for Peohation Officers. 1C3 
 
 more additional probation officers, to be paid siich compensation as 
 the board of supervisors may provide ; and in addition thereto may 
 appoint voluntary probation officers to serve without compensa- 
 tion from the county treasury and under such conditions as the 
 judge may determine to be conducive to the successful operation 
 of this act; and vyith respect to such salaried or voluntary proba- 
 tion officers, and the administration of said shelter, the court may 
 devise such rules of procedure and method as in the judgment of 
 the court will conduce to the beneficial purposes of this act; and 
 said judge may at pleasure remove said officers ; said salaried pro- 
 bation officers shall have all the powers of peace officers anywhere 
 in the state for the purposes of this act; and the court is author- 
 ized to seek the co-operation of all societies or organizations, pub- 
 lic or private, having for their object the protection or aid of 
 indigent or neglected children, to the end that the court may be 
 assisted in every reasonable way to give to all of such children the 
 care, protection and assistance which vidll conserve the welfare of 
 such children. And it is hereby made the duty of every county 
 tovsTi or municipal official or department, in said county, to render 
 such assistance and co-operation within his or its jurisdictional 
 power to further the objects of this act; and all institutions, asso- 
 ciations or other custodial agencies in which any child may be, 
 coming within the provisions of this act, are hereby required to give 
 such information to the court or any of said officers appointed by 
 it as said court or officers may require for the purposes of this act. 
 § 12. All provisions of law applicable to probation of children 
 brought before any court or magistrate are made applicable to 
 cases coming within the provisions of this act, except that the 
 period of probation may be extended by the court during the 
 minority of said child ; and the times and places for the appear- 
 ance of said child during said probationary period shall be entirely 
 within the discretion of the court; and during said probationary 
 period and during the time when said child may be committed to 
 any institution or to the care of any association or person for cus- 
 todial or disciplinary purposes, said child shall always be subject 
 to the friendly visitation of such probation officers or other agents 
 of the court as may be appointed for that purpose ; and any final 
 order or judgment made by the court in the case of any such child 
 
164 Manual foe Probation Offioeks. 
 
 shall be subject to such modifications from time to time as the 
 court may consider to be for the welfare of said child; and no 
 commitment of any child to any institution or other custodial 
 agency shall deprive the court of the jurisdiction to change the 
 form of the commitment or transfer the custody of said child to 
 some other institution or agency on such conditions as the court 
 may see fit to impose, the duty being constant upon the court to 
 give to all children subject to its jurisdiction such oversight and 
 control in the premises as will conduce to the welfare of said child 
 and the best interests of the state. 
 
 § 13. Whenever any child is found to be in such condition, 
 surroundings or under such improper or insufficient guardianship 
 as to lead the court, in its discretion, to take the custody of said 
 child away from its parents and place it in some institution or 
 under some other custodial agency, the court may, after issuing 
 and service of an order to show cause upon the parents or other 
 person having the duty under the law to support said child, ad- 
 judge that the expense of caring for said child by said custodial 
 agency or institution as iixed by the court should be paid by the 
 person or persons bound by law to support said child; in which 
 event such person or persons shall be liable to pay to such custodial 
 agency or institution and in such manner as the court may direct 
 the money so adjxidged to be payable by him or them; and willful 
 failure to pay said sum may be punished as a contempt of court 
 and the order of the court for the payment of said money may be 
 also enforced as money judgments of courts of record are enforced. 
 
 § 14. Whenever a child within the jurisdiction of said court and 
 under the provisions of this act appears to the court to be in need 
 of medical care, a suitable order may be made for the treatment 
 of such child in a hospital, and the expense thereof shall be a 
 county charge ; and the county may recover the said expense in a 
 suitable action from the person or persons liable for the furnishing 
 of necessaries for said child ; and for that purpose the court may 
 cause any such child to be examined by any health officer within 
 the jurisdiction of the court, or by any duly licensed physician. 
 
 § 15. Whenever it shall appear to the court, in the case of any 
 neglected child or of any child in need of more suitable guardian- 
 ship that has been taken from its home or the custody of its 
 
Manual foe Pbobation Officers. 165 
 
 parents, that conditions have so changed that it is consistent with 
 the public good and the welfare of said child that the parents 
 again have the custody of said child, the court may make a suitable 
 order in the premises. In committing any child to any custodial 
 agency or placing it under any g-uardianship other than that of 
 its natural guardians, the court shall, as far as practicable, select 
 as the custodial agency some individual holding the same religious 
 belief as the parents of said child, or some institution or association 
 governed by persons of like religious faith, unless said institution 
 is a state or municipal institution. 
 
 § 16. Whenever, in the course of a proceeding instituted under 
 this act, it shall appear to the said court that the welfare of said 
 child will be promoted by the appointment of an individual as gen- 
 eral guardian of his property, and of his person, when such child is 
 not committed to any institution or to the custody of any incor- 
 porated society, the coxirt .shall have jurisdiction to make such 
 appointment either upon the application of the child or some 
 relative or friend, or upon the court's own motion; and in that 
 event an order to show cause may be made by the court, to be 
 served tipon the parent or parents of said child in such manner 
 and for such time prior to the hearing as the court may deem 
 reasonable. In any case arising under this act, the court may 
 determine as between parents whether the father or mother shall 
 have the custody, tuition and direction of said child. 
 
 § lY. Nothing herein contained shall be construed as abridging 
 the general chancery power and jurisdiction exercised by the su- 
 preme court over the persons and estates of minors, nor as abridg- 
 ing the authority of the surrogate to appoint guardians for infants 
 as now provided by law. 
 
 § 18. It shall be the duty of the county judge of said county, at 
 least once a year, to visit each institution in which there shall be 
 at the time any child under commitment pursuant to this act, and 
 the managers and officers of said institution shall accord to said 
 judge full opportunity to inspect the said institution in all its 
 departments, to the end that the court may be advised as to the 
 propriety of continuing the use of said institution as a custodial 
 agency; and said judge may examine witnesses imder oath within 
 the county where said institiTtion is located, or appoint a referep 
 
166 Manual foe Peobation Officees. 
 
 for the purpose of obtaining any information as to the efficiency 
 and character of such institution. 
 
 § 19. The court shall have power to devise and publish rules and 
 regulate the procedure for cases coming within the provisions 
 of this act, and for the conduct of all probation and other officers 
 of the court in such cases, and such rules shall be enforced and 
 construed beneficially for the remedial purposes embraced herein. 
 The court may devise and cause to be printed for public use such 
 forms for records and for the various petitions, orders, process 
 and other papers in the cases coming under this act as shall meet 
 the requirements thereof; and all the expenses incurred by the 
 court in 'complying with the provisions of this act shall be a county 
 charge. 
 
 (Laws of 1910, chap. 611.) 
 
 NEW YORK CITY. 
 
 INFERIOR CRIMINAL COURTS ACT. 
 
 § 96. Probation officers; appointment and removal. On or before 
 the first day of September, nineteen hundred and ten, the chief 
 justice of the court of special sessions shall appoint a chief proba- 
 tion officer and similarly each chief city magistrate shall appoint 
 a chief probation officer. The duties of said chief probation 
 officers shall be prescribed by the chief justice and each chief city 
 magistrate respectively. The civilian male and female probation 
 officers of the courts of special sessions of the first and second 
 divisions and the female probation officers of the board of city 
 magistrates of the first division and the female probation officers 
 and civilian male probation officers of the board of city magis- 
 trates of the second division shall continue in office, unless and 
 until removed as provided by this act. A majority of the justices 
 of the court of special sessions as constituted by this act shall, on 
 or before the first day of September, nineteen hundred and ten, ap- 
 point, in addition to the probation officers continued as aforesaid, 
 civilian probation officers not to exceed twelve in all, including 
 those continued in office as hereinbefore provided. The board of 
 city magistrates of the first division shall appoint ten civilian male 
 probation officers on or before the first day of September, nineteen 
 
Manual foe Probation Officers. 167 
 
 hundred and ten, and the board of city magistrates of the second 
 division shall appoint five civilian male probation ofiicers in addi- 
 tion to those continued as hereinbefore provided. The majority of 
 the justices of the court of special sessions and of the respective 
 boards of magistrates may from time to time appoint such addi- 
 tional probation officers as the board of aldermen, upon the recom- 
 mendation of the board of estimate and apportionment, may au- 
 thorize. On and after the first day of September, nineteen hun- 
 dred and ten, no police officer shall be designated or act as a 
 probation officer. The chief probation officers and all other pro- 
 bation officers shall be deemed the confidential officers of the 
 justices and magistrates. The chief justice or the chief city magis- 
 trates, as the case may be, or a majority of the justices or a ma- 
 jority of each board of magistrates, may at pleasure remove the 
 chief probation officer or any probation officer. 
 
 § 97. Powers and duties of probation ofBicers. Each probation 
 officer shall have all the powers and duties conferred upon pro- 
 bation officers by the code of criminal procedure. Probation 
 officers shall keep such records and conform to such rules and 
 regulations as may be established by a majority of the justices 
 or of the respective boards of magistrates, as the case may be. It 
 shall be the duty of the chief justices and each chief city magis- 
 trate, respectively, to see that such rules and regulations are 
 observed and that such records are properly kept. So far as may 
 be practicable, certain of the probation officers of the court of 
 special sessions shall be permanently assigned by a majority of 
 the justices to the children's courts. 
 
 § 98. Adults; period of probation. An adult convicted of a mis- 
 demeanor may be placed on probation for such time as the court 
 of special sessions may deem proper, not longer, however, than two 
 years. An adult convicted of an offense of which a magistrate has 
 summary jurisdiction may be *be placed on probation for such 
 time as the magistrate may deem proper, not longer, however, than 
 one year. 
 
 So in original. 
 
168 Manual foe Probation Officers. 
 
 § 99. 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. When practicable a child placed on pro- 
 bation shall be placed with a probation officer of the same religious 
 faith as that of the child's parents. 
 
 § 100. Revocation of probation. Probation may be revoked at 
 any time within the maximum periods hereinbefore mentioned by 
 the court of special sessions where the person was placed on pro- 
 bation by said court, or by any justice in children's cases, or by 
 imy magistrate in cases over which magistrates have jurisdiction; 
 but so far as practicable the revocation of probation of a child shall 
 be made by the justice who placed the child on probation, or of an 
 adult, by the magistrate who placed such adult on probation. Upon 
 such revocation the court, justice or magistrate may make such 
 commitment as could have ordinarily 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 tine, or other 
 penalty, or make any commitment which might have been imposed, 
 or made at the time the conviction was had. Whenever probation 
 is revoked, the court, justice or magistrate, as the case may be, 
 may issue process for the re-arrest of the defendant, and, if 
 arraigned, the court, as it is then, constituted, or any justice or 
 magistrate, as the ease may be, may proceed to enter judgment and 
 impose sentence as herein provided. Provided further that whert- 
 over a defendant has been convicted of having abandoned his wife 
 or children without adequate support or leaves them in danger 
 of becoming a burden upon the public, or who neglects to provide 
 for them according to his means, or who threatens to run away and 
 leave his wife and children a burden upon the public, or is con- 
 victed of being a relative of a poor person and of suiEcient ability 
 to maintain him, her or them as provided in section six hundred 
 and eighty-three of the charter of the city of New York, on con- 
 sent of the parties to said proceeding, the magistrate who sentenced 
 the defendant, or the magistrate sitting in a magistrate's domestic 
 relations court in which said defendant was convicted, if in the 
 
Manual foe Probation Officers. 169 
 
 judgment of said magistrate it is to the interest of all the parties 
 so to do, may enter an order discontinuing said proceeding and 
 discharge said defendant from probation, imprisonment if said 
 defendant be imprisoned, or cancel any bond or undertaking given 
 therein. 
 
 (Laws of 1910, chap. 659, §§ 96-100; amended by Laws of 
 1911, chap. 757.) 
 
 NEW YORK CITY. 
 
 itHEXTKIi yPAY YORK CHARTER. § 707. 
 
 l^OAKD OF 1 XEBRII'.-rY ; PliOBATlO.X FOl! DhU.NKARDS. 
 
 (Note. — Laics of 1910, chap. 551, ccmoided the (Ireater Sew York charter, 
 §'§ 693 and 707. Section 693 authorized the establishment of a board of 
 inebriety by the city. This section ( § 707 ) provides that all arrests of 
 persons charged vyith public intoxication shall be reported by telephone to 
 the boa/rd of inebriety; that field officers of the board shall investigate the 
 records of those so reported; that those so investigated who have not been 
 arrested on the same charge imthin the previous twelve months may, upon 
 request, be released irithout arraignment ; and that those diseocered to hacc 
 been arrested before on the same charge imthin the previous twelve months 
 shall be held for arraignment. The treatment of those who, after arraign- 
 ment, are adjudged guilty of public intoxication, is prescribed in the fol- 
 lowing section.) 
 
 § 707. When a board of inebriety shall have been appointed 
 and vs^hen the said board shall have certified in writing to the 
 mayor that the hospital and industrial colony of said board is 
 ready to receive inmates, upon a charge of public intoxication, the 
 court or magistrates having jurisdiction, notvpithstanding any 
 other provision of law, shall proceed in accordance with the fol- 
 lowing provisions: 
 
 1. Dismiss the complaint upon the receipt of a written request 
 for release from the person arrested to be released, and upon the 
 receipt of a report from a field officer of the board of inebriety. 
 
 2. Issue warrant for the arrest of a person released pursuant 
 to the provisions of subdivision six of section six hundred and 
 ninety-three of the charter of the city of ISTew York, and make 
 such disposition of the case as is authorized in the subsequent 
 provisions of this section. 
 
 3. Release the person so convicted, under the supervision of a 
 field officer appointed by the board of inebriety, for a period of 
 
170 Manual foe Peobation Officers. 
 
 not less than six months nor more than one year, upon such con^ 
 ditions as the court may impose. The iield officer, in case of the 
 violation of any of such condition or conditions, shall arrest the 
 offender and bring him before the court. The court may there- 
 upon impose upon such person one of the penalties provided in 
 the subsequent provisions of this section and shall do so if the 
 person has been released under supervision two or more times 
 and has tvirice violated the conditions of his release. 
 
 4. Release the person so convicted, under supervision, as pro- 
 vided in the next preceding subdivision of this section, and in ad- 
 dition impose a fine of not to exceed twenty-five dollars. Such 
 fine may be paid in instalments in such amounts and at such times 
 as the court may determine and shall be paid to the board of in- 
 ebriety at such place and in such manner as the board may direct. 
 Failure to pay such fine in such amounts and at such times as the 
 court may have determined shall be considered a violation of the 
 terms on which such person was released under supervision, and 
 the field officer shall thereupon arrest the offender and bring him 
 before the court. The court may thereupon impose upon such 
 person one of the penalties provided in the subsequent provisions 
 of this section and shall do so if the person has been released two 
 or more times with an added fine imposed and has twice failed 
 to pay the fine. All fines and portions of fines so collected shall 
 be reported by the field officers to the court imposing such fines 
 and shall be turned over to the board of inebriety and transmitted 
 by such board monthly to the comptroller. 
 
 5. Co'mmit the person so convicted to the custody of the board 
 of inebriety on an indeterminate sentence, for a period of not less 
 than three months nor more than six months, provided such per- 
 son has not been previously committed to the custody of such 
 board, and provided he has previously been arrested for public 
 intoxication within the twelve months next preceding. 
 
 6. Commit the person so convicted to the custody of the board 
 of inebriety on an indeterminate sentence, for a period of not less 
 than six months nor more than one year, provided such person 
 has previously been committed to such board. 
 
 7. Commit the person so convicted to the custody of the board 
 of inebriety on an indeterminate sentence, for a period of not less 
 
Manual foe Peobation Officees. 171 
 
 than one year nor more than three years, provided such person 
 has been previously committed two or more times to such board. 
 
 8. Commit the person so convicted to the workhouse for a 
 period b£ not less than one year nor more than three years. 
 
 Nothing in this section contained shall be so construed as to 
 prevent any court or magistrate from committing any person so 
 convicted to any State institution to which, and for any term 
 longer than six months, for which such magistrate may now be 
 authorized to commit by law. Any court or magistrate may sus- 
 pend sentence in the case of any person convicted as in this section 
 provided and may release such person upon probation upon such 
 terms and conditions, and foT such period of time, not exceeding 
 six months, as the court or magistrate may deem best. A person 
 released on probation in accordance with the provisions of this sec- 
 tion shall be placed under the charge and supervision of a proba- 
 tion officer, to be appointed as provided in this section, and shall 
 be furnished by the clerk of the court with a written statement of 
 the terms and condition of his release, provided that when a board 
 of inebriety shall have been appointed and when it shall have cer- 
 tified in writing to the mayor, that the hospital and industrial 
 colony of the said board is ready to receive inmates, a male 
 person convicted of public intoxication, if placed on probation, 
 shall be placed under the supervision of a field officer appointed 
 by the board of inebriety. 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 before which, or the magis- 
 trate sitting in the magistrates' court in which the person so con- 
 victed was convicted, by report of the probation officer under 
 whose care such person was placed, or otherwise, that such person 
 has violated any of the terms or conditions of his release, the said 
 court or magistrate may issue a warrant for the arrest of such 
 person, and if it shall appear that such violation has occurred, 
 it or he may commit him, in accordance with the provisions of 
 this section, in the same manner as if such person had not there- 
 tofore been released upon probation. The board of city magis- 
 trates of each division of the city of New York shall have 
 authority to appoint such number of discreet persons of good 
 character, either men or women, to serve as probation officers, as 
 
1*^2 Manual foe Probation Officees. 
 
 said boards may deem necessary, to serve during the pleasure of 
 
 the court or board of magistrates appointing them. The board 
 
 of city magistrates of each division of the city of New York shall 
 
 assign the probation officers appointed by it to the various city 
 
 magistrates' courts in its division, and each probation officer shall 
 
 act only as an officer of the city magistrates' court to which he is so 
 
 assigned. It shall be tlie duty of the probation officers appointed 
 
 under the provisions of this section to supervise the conduct of 
 
 each person placed under their charge respectively, and to report 
 
 any violation by any such person of the terms and conditions of his 
 
 release; to make such investigation as may be required by the 
 
 court or magistrate in the case of any person accused or convicted 
 
 of public intoxication, disorderly conduct or vagrancy, and ' to 
 
 furnish such information as may be necessary to assist the court 
 
 or magistrate in making a proper disposition of each case; and 
 
 to render such assistance and advice to the persons placed under 
 
 their charge as each case may require. If two or more probation 
 
 officers are attached to any city magistrates' court, the court or 
 
 magistrate shall designate the officer under whose charge each 
 
 person on probation shall be placed. (Laws of 1910, chapter 
 
 551.) 
 
 ONTARIO COUNTY. 
 
 AN ACT TO ESTABLISH THE CHILDREN'S PART OF ONTARIO COUNTY 
 
 COVRT. 
 
 Ontario County Court, Exclusive Jurisdiction in Cases of Delinquent 
 and Neglected Children; Chancery Proceedure; Probation; Pro- 
 bation Officers. 
 
 Section 1. Jurisdiction. The county court of Ontario county 
 shall have original and exclusive jurisdiction of all cases coming 
 within the terms and provisions of this act. This act shall be 
 construed liberally and as remedial in character; and the powers 
 hereby conferred are intended to be general to effect the bene- 
 ficial purposes herein set forth. 
 
 § 2. Definitions of children. This act shall apply to any child 
 less than sixteen years of age residing or being at the time in 
 Ontario county: 
 
 (a) who violates any penal law or any municipal ordinance. 
 
Manual i<or fEOBATioN Officees. 173 
 
 or who commits any act or offense for which he could be prose- 
 cuted in a method pa'-^sking of the nature of a criminal action 
 or proceeding (except a crime punishable by death or life im- 
 prisonment), or 
 
 (b) who engages in any occupation, calling or exhibition or is 
 found in any place for permitting which an adult may be pun- 
 ished by law, or who so deports himseK or is in such condition 
 or surroundings or under such improper or insufficient guardian- 
 ship or control, as to endanger the morals, health or general wel- 
 fare of said child. 
 
 § 3. Petition. Any person having knowledge or information 
 that a child residing in or actually within the county is within 
 the provisions of the preceding section may file with said county 
 court a verified petition stating the facts that bring such child 
 within said provisions. The petition may be upon information 
 and belief. The title of the proceeding shall be " Children's 
 Part, County Court, County of Ontario. In the Matter of (in- 
 serting name), a Child imder Sixteen Years of Age." The 
 petition shall set forth the name and residence of the child and 
 of the parents, if known to the petitioner, and the name and 
 residence of the person having the guardianship, custody, control 
 and supervision of such child, if the same be known or ascer- 
 tained by the petitioner, or the petition shall state that they are 
 unknovsm, if that be the fact. 
 
 § 4. Issuance of summons. Upon the filing of the petition, 
 the court or the judge thereof may forthwith, or after first caus- 
 ing an investigation by a probation officer or other person, cause 
 a summons to be issued signed by the judge or the special clerk 
 of the children's part of said court, requiring the child to appear 
 before the court and the parents, or the guardian, or the person 
 having the custody, control or supervision of the child, or the 
 person with whom the child may be, to appear with the child, at 
 a place and time stated in the summons, to show cause why the 
 child should not be dealt with according to the provisions of this 
 act. 
 
 § 5. Custody of child; bail. Tf it appears from the petition 
 that the child is embraced within subdivision a of section two, 
 or is in such condition that the welfare of the child requires that 
 
1*^4 Manual foe Probation Offioees. 
 
 its custody be immediately assumed, the court may indorse upon 
 the summons a direction that the officer serving the same shall 
 at once take said child into his custody. Such child may there- 
 after be admitted to bail or released in the custody of a probation 
 officer or other person by the judge of said court, the clerk or the 
 chief probation officer; but when not so released, the child shall 
 be detained, pending the hearing of the case, in such place of 
 detention as is hereinafter provided for. In no case arising 
 under this act shall any child be placed in a jail, common lock-up 
 or other place used for the confinement of adults charged with 
 w convicted of crime or other offenses. 
 
 § 6. Service of summons. Service of summons within the 
 county of Ontario shall be made personally by delivering to and 
 leaving with the person summoned a true copy thereof. If it 
 shall be made to appear, by affidavit, that reasonable but unsuc- 
 cessful effort has been made to serve the summons personally upon 
 the parties named therein, other than said child, the court or the 
 judge thereof at any stage of the proceedings may make an order 
 for substituted service of the summons or of a supplemental sum- 
 mons in the manner provided for substituted service of civil 
 process in courts of record, and if such parties are without said 
 county, service may be made by mail, by publication or personally 
 without the county in such manner and at such time before the 
 hearing as in said order directed. It shall be sufficient to confer 
 jurisdiction if service is effected at any time before the time 
 fixed in the summons for the return thereof, but the court, if re- 
 quested by the child or parent or such other person as is men- 
 tioned in section four, shall not proceed with the hearing earlier 
 than the third day after the date of the service. Proof of service 
 shall be made substantially as in courts of record. Failure to 
 serve summons upon any person other than said child shall not 
 impair the jurisdiction of the court to proceed in cases arising 
 under subdivision a of section two, provided that, for good cause 
 shown, the court make an order dispensing with such service. 
 The summons shall be considered a mandate of the court, and 
 wilful failure to obey its requirements shall subject any person 
 guilty thereof to liability for pimishment as for a criminal con- 
 tempt. At any stage of the case, the court may, in its discretion. 
 
Manual for Pkot.atton Okftceus. 175 
 
 appoint an attorney or other suitable person to be the guardian 
 ad litem of the said child for the purposes of the proceeding, and 
 the court may call upon the district attorney of said county to 
 appear in any proceeding under this act. The sheriff of said 
 county shall serve or cause to be served all papers which are 
 directed by the court to be served by him, and a suitable allow- 
 ance shall he made by the board of supervisors for his actual dis- 
 bursements in effecting such service; but all papers may be served 
 by any person delegated by the court for that purpose. The ex- 
 pense incurred in making substituted service or service by publica- 
 tion or personally without the county shall be a county charge. 
 
 § 7. Hearing; judgment; records. Upon the return of the 
 summons, or at the time set for the hearing, the court shall pro- 
 ceed to hear and determine the case. The court may conduct the 
 examination of the witnesses without the assistance of counsel, 
 and may take testimony and in'quire into the habits, surroundings, 
 condition and tendencies of said child, to enable the court to ren- 
 der such order or judgment as shall best conserve the welfare of 
 said child and carry out the objects of this act. The court, if 
 satisfied that the child is in need of the care or discipline and 
 protection of the state, may so adjudicate, and may in addition 
 find said child to be delinquent or neglected, or in need of more 
 suitable guardianship, as the case may be ; and in addition to the 
 powers granted by this act, may render such judgment and make 
 such order or commitment, according to the circumstances of the 
 case, as any court or magistrate is now or may hereafter be au- 
 thorized by law to render or make in any of the cases coming 
 within section two of this act. It is the intention of this act that 
 in all proceedings coming under its provisions the court shall 
 proceed upon the theory that said child is the ward of the state, 
 and is subject to the discipline and entitled to the protection 
 which the court should give such child under the conditions dis- 
 closed in the case; and when once jurisdiction has been obtained 
 in the case of any such child, it shall, unless a court order shall 
 be issued to the contrary, continue for the purposes of this act 
 during the minority of said child. The court shall have power, 
 upon the hearing of any case involving, any child, to exclude the 
 
176 Manual foe Pbobation Offioees. 
 
 general public from the room wherein said hearing is held, ad- 
 mitting thereto only such persons as may have a direct interest in 
 the case. The hearings may be conducted in the judge's chambers 
 or in such other room or apartment in any place in the county as 
 the supervisors may provide or as the judge without the action 
 of the supervisors and without expenses to the county may secure. 
 As far as practicable such cases shall not be heard in conjunction 
 with the other business of the court. The records of all cases may 
 be withheld from indiscriminate public inspection in the discre- 
 tion of the court; but such records shall be open to inspection by 
 such child, his parents or guardians, or his attorneys, at all times. 
 ISTo adjudication under the provisions of this act shall operate as 
 a disqualification of the child for any office under any state or 
 municipal civil service; and such child shall not be denominated 
 a criminal by reason of any such adjudication ; nor shall such 
 adjudication be denominated a conviction. 
 
 § 8. Arrest; transfer from other courts. ISTothing in this act 
 shall be construed as forbidding the arrest, with or without war- 
 rant, of any child as now or hereafter may be provided by law, 
 or as forbidding the issuing of warrants by magistrates, as pro- 
 vided by law. Whenever a child less than sixteen years of age is 
 brought before a magistrate in said county, such magistrate should 
 transfer the case to the county court by an order directing that 
 said child be taken forthwith to the shelter ; such magistrate may, 
 however, by order admit such child to bail, or release said child 
 in the custody of some suitable person as now provided by law, to 
 appear before said county court at a time designated in the said 
 order. All informations, depositions, warrants and other process 
 in the hands of such magistate shall be forthwith transmitted to 
 the county court, and shall become part of its records. The 
 county court shall thereupon proceed to hear and dispose of such 
 case in the same manner as if the proceeding had been instituted 
 in said county court upon petition, as hereinbefore provided. In 
 all cases the nature of the proceeding shall be explained to said 
 child, and if they appear, to the parents, custodian or guardian; 
 and between the time of the arrest of such child and its appear- 
 ance before the county court, he shall, if not bailed or otherwise 
 released, be detained as provided in section five. 
 
Manual foe Probation Officers. 177 
 
 § 9. Appeals. An appeal may be taken from any final order 
 or judgment of said court to the appellate division of the supreme 
 court within sixty days after the entry of said order, and if 
 any such appeal is taken by the guardian ad litem appointed 
 for said child by said court, said court may, in its discred;ion, 
 grant an order auditing and allowing the actual disbursements 
 of said guardian ad litem in printing his papers on appeal; 
 whereupon said disbursements shall become a claim against the 
 county of Ontario, to be paid as a eoimty charge. 
 
 § 10. Place of detention. The county judge may arrange with 
 any incorporated society or association maintaining a suitable 
 place for the detention of children in said county for the use 
 thereof or of a part thereof as a temporary detention home for 
 children coming within the provisions of this act, and may enter 
 an order which shall be efFectual for that purpose; and a reason- 
 able sum shall be appropriated by the board of supervisors for the 
 compensation of said society or association for the care of such 
 children. If, however, the county judge shall certify that a suit- 
 able arrangement for such use cannot be made, or continued, the 
 board of supervisors may establish, equip and maintain a tem- 
 porary detention home for such children entirely separated from 
 any place of confinement of adults, to be called " the county 
 shelter," which shall be conducted as an agency of the county 
 court for the purposes of this act and, so far as possible, shall be 
 furnished and carried on as a family home and shall be in charge 
 of a superintendent or matron who shall reside therein. The 
 board of supervisors may authorize the county judge to appoint 
 a superintendent, matron and other necessary employees of said 
 county shelter in the same manner in which probation officers are 
 appointed under this act, their salaries to be fixed and paid in the 
 same manner as the salaries of probation officers. The county 
 judge may appoint as such superintendent or matron a probation 
 ofiicer. The necessary expenses incurred in maintaining said 
 county shelter shall be paid by the county. 
 
 § 11. Clerk; probation officer; co-operation. The county judge 
 may appoint a chief probation officer, whose dtity it shall be to 
 
l'i'8 Manual foe Probation Officers. 
 
 act under the direction of said court in the cases arising under 
 this act to keep the records and act as clerk of the children's part 
 of the county court and who shall be appointed, and perforin all 
 of the duties of, county probation officer by virtue of and accord- 
 ing to the provisions of section eleven-a of the code of criminal 
 procedure; and said chief probation officer shall be paid such 
 reasonable compensation as the board of supervisors may de- 
 termine. The court is authorized to seek the co-operation of all 
 societies or organizations, public or private, having for their 
 object the protection or aid of indigent or neglected children, to 
 the end that the court may be assisted in every reasonable way 
 to give to all of such children the care, protection and assistance 
 which will conserve the welfare of such children. And it is 
 hereby made the duty of every county, towa or municipal official or 
 department, in said county, to render such assistance and co-opera- 
 tion within his or its jurisdictional power to further the objects 
 of this act; and all institutions, associations or other custodial 
 agencies in which any child may be, coming within the pro- 
 visions of this act, are hereby required to give such information 
 to the court or any of said officers appointed by it as said court or 
 officers may require for the purposes of this act. 
 
 § 12. Probation; commitments. All provisions of law ap- 
 plicable to probation of children brought before any court or mag- 
 istrate are made applicable to cases coming within the provisions 
 of this act, except that the period of probation may be extended 
 by the court during the minority of said child. If it becomes 
 necessary to commit any such child over sixteen years of age who 
 is on probation the order of commitment, nunc pro tunc, shall be 
 entered as of the date of judgment, and any institution to which 
 commitment originally could be made is authorized to receive 
 such child and have payment therefor as if imder sixteen. The 
 times and places for the appearance of said child during said pro- 
 bationary period shall be entirely within the discretion of the 
 court, and during said probationary period and during the time 
 when said child may be committed to any institution or to the 
 care of any association or person for custodial or disciplinary 
 
Manual foe Peobation Officees. 179 
 
 purposes, said child shall always be subject to the friendly visita- 
 tion of such probation officers or other agents of the court as may 
 be appointed for that purpose. And any final order or judg- 
 ment made by the court in the case of any such child shall be 
 subject to such modifications from time to time as the court may 
 consider to be for the welfare of said child ; and no commitment 
 of any child to any institution or other custodial agency shall de- 
 prive the court of the jurisdiction to change the form of the com- 
 mitment or transfer the custody of said child to some other in- 
 stitution or agency on such conditions as the court may see fit 
 to impose, the duty being constant upon the court to give to all 
 children subject to its jurisdiction such oversight and control in 
 the premises as will conduce to the welfare of said child and the 
 best interests of the state. 
 
 § 13. Support of children in institutions. Whenever any child 
 is found to be in such condition, surroundings or under such 
 improper or insufficient guardianship as to lead the court, in its 
 discretion, to take the custody of said child away from its parents 
 and place it in some institution or under some other custodial 
 agency, the court may, after the issuance and service of an order 
 to show cause upon the parents or other person having the duty 
 under the law to support said child, adjudge that the expense of 
 caring for said' child by said custodial agency or institution as 
 fixed by the court shall be paid by the person or persons bound 
 by law to support said child ; in which even such person or persons 
 shall be liable to pay to such custodial agency or institution and 
 in such manner as the court may direct the money so adjudged to 
 be payable by him or them; and willful failure to pay said sum 
 may be punished as a contempt of court and the order of the court 
 for the payment of said money may be also enforced as money 
 judgments of courts of record are enforced. 
 
 § 14. Medical care. Whenever a child within the jurisdiction 
 of said court and under the provisions of this act appears to the 
 court to be in need of medical care, a suitable order may be made 
 for the treatment of such child in a hospital, and the expense 
 thereof shall be a county charge; provided that the county may 
 recover the said expense in a suitable action from the person or 
 
180 Manual fob, Probation Officbes. 
 
 persons liable for the furnishing of necessaries for said child, and 
 that for that purpose the court may cause any such child to be 
 examined by any health officer within the jurisdiction of the 
 court, or by any duly licensed physician. 
 
 § 15. Return of child to parents; selection of institution. When- 
 ever it shall appear to the court, in the case of any neglected 
 child or of any child in need of more suitable guardianship that 
 has been taken from its home or the custody of its parents, that 
 conditions have so changed that it is consistent with the public 
 good and the welfare of said child that the parents again have the 
 custody of said child the court may make a suitable order in the 
 premises. In committing any child to any custodial agency or 
 placing it under 'any guardianship other than that of its natural 
 guardians, the court shall, as far as practicable, select as the cus- 
 todial agency some individual holding the same religious belief 
 as the parents of said child, or some institution or association 
 governed by persons of like religious faith, unless said institution 
 is a state or municipal institution. 
 
 § 16. Guardian. Whenever, in the course of a proceeding 
 instituted under this act, it shall appear to the said court that 
 the welfare of said child will be promoted by the appointment of 
 an individual as general guardian of its property, and of his per- 
 son, when such child is not committed to any institution or to 
 the custody of any incorporated society, the court shall have ju- 
 risdiction to make such appointment either upon the application 
 of the child or some relative or friend, or upon the court's own 
 motion, and in that event an order to show cause may be made by 
 the court, to be served upon the parent or parents of said child 
 in such manner and for such time prior to the hearing as the 
 court may deem reasonable. In any case arising under this act, 
 the court may determine as between parents whether the father 
 or mother shall have the custody, tuition and direction of said 
 
 child. 
 
 § 17. Power of other courts. Nothing herein contained shall be 
 construed as abridging the general chancery power and juris- 
 diction exercised by the supreme court over the persons and es- 
 tates of minors, nor as abridging the authority of the surrogate to 
 appoint guardians for infants as now provided by law. 
 
Manual foe Phobation Offiobbs. 18 1 
 
 § 18. Visitation of institutions. It shall be the duty of the 
 judge, so far as practicable, to visit at least once a year each insti- 
 tution in which there shall be at the time any child under com- 
 mitment pursuant to this act, and the managers and officers of 
 said institution shall accord to said judge full opportunity to 
 inspect the said institution in all its departments. Said judge 
 may examine witnesses under oath within the county where said 
 institution is located, or appoint a referee for the purpose of 
 obtaining any information as to the efficiency and character of 
 such institution. 
 
 § 19. Rules; substitute judge. The court shall have power to 
 devise and publish rules to regulate the procedure for cases com- 
 ing within the provisions of this act, and for the conduct of all 
 probation and other officers of the court in such cases, and such 
 rules shall be enforced and construed beneficially for the remedial 
 purposes embraced herein. The court may devise and cause to 
 be printed for public use such forms for records and for the 
 various petitions, orders, process and other papers in the cases 
 coming under this act and shall meet the requirements thereof; 
 and all the expenses incurred by the court in complying with the 
 provisions of this act shall be a county charge. 
 
 {Laiws of 1913, chap. 270.) 
 
 ROCHESTER. 
 
 CHARTER OF THE CITY OF ROCHESTER, §§ 318, 476, 480. 
 
 Probation Officers. 
 
 § 3 18-. Appointment of probation officers. The commissioner 
 [of public safety] may appoint to hold office during his pleasure, 
 such number of probation officers as may be prescribed by the board 
 of estimate and apportionment, which number may include one or 
 more female probation officers, if so provided by the board, and 
 they possess the powers now or hereafter conferred by law upon 
 probation officers, and must perform such duties as inay be pre- 
 scribed by the commissioner or otherwise by law. 
 
 § 476. Power to sentence. * * * The police justice and the 
 police court have power to impose or suspend sentence or to remit 
 to probation pursuant to law. 
 
182 Manual I-or Probation OffFtoteRS. 
 
 § 480. Probation ofacers. Tke police justice may appoint from 
 time to time to serve during his pleasure and without compensa- 
 tion, such number of probation officers as he may deem desirable. 
 
 (Laws of 1907, chap. 755.) 
 
 SYRACUSE. 
 
 SYRACUSE COVET OF SPECIAL SESSIONS. 
 
 Children's Court Procedure; Probation; Probation Officers. 
 
 § 31. Disposition in certain cases of children charged with an 
 offense. Whenever a child is charged with an offense of juvenile 
 delinquency, which if committed by an adult would be a mis- 
 demeanor, or a felony not punishable by death or life imprison- 
 ment, the justice sitting in the children's court shall, as far as is 
 consistent with the interest of the child and of the state, consider 
 the child not as upon trial for the commission of a crime, but as a 
 child in need of the care and protection of the state ; to that end 
 he may, if the child or either parent or any guardian or custodian 
 of such child shall so request, before proceeding with the trial of 
 the child for the offense charged, or at any stage of the trial and 
 before conviction, suspend the trial and inquire into all the facts 
 and surrounding circumstances of the case, and if the justice shall 
 so find, he may in his discretion in lieu of proceeding with the 
 trial, adjudge the child to be in need of the care and protection of 
 the state, and thereupon he shall deal with such child in aU re- 
 spects in the manner provided in section four hundred and eighty- 
 six of the penal law in the case of a child not having proper guard- 
 ianship; and in a case where he shall so adjudge, before or in- 
 stead of committing such child to confinement in any institution, 
 he may commit him to the place of detention for children pro- 
 vided for in this act, or place such child on probation. 
 
 § 32. Appointment, removal and compensation of probation 
 officers. The justice shall have authority to appoint one paid pro- 
 bation officer, and such additional paid probation officers as the 
 board of estimate and apportionment may from time to time 
 authorize. The justice may at pleasure remove any probation 
 
Manual foe Probation Officees. 183 
 
 officer. Tlie justice may designate one of the probation officers so 
 appointed to be chief probation officer. The board of estimate and 
 apportionment shall fix the salary or compensation of the paid 
 probation officers appointed in pursuance hereof, and shall pro- 
 vide for the payment of such expenses as are necessarily incurred 
 by them in the performance of their duties. The justice shall 
 have power to appoint such volunteer probation officers as he may 
 see fit. 
 
 § 33. Powers and duties of probation officers. The probation 
 officers shall have all the powers and duties now conferred upon 
 probation officers by the code of criminal procedure and by law. 
 They, shall keep such records and conform to such rules and regu- 
 lations as may be established by the justice. The chief probation 
 officer shall perform such additional duties as may be required by 
 order of the justice. He shall in addition be a deputy clerk of the 
 court of special sessions, and have the same powers and duties as 
 are conferred and imposed upon deputy clerks by section seventeen 
 of this act. 
 
 § 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 mis- 
 demeanor 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 pro- 
 bation 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 pro- 
 
184 Manual fob Probation Officeefi. 
 
 nounce any judgment, or sentence, or impose any fine, or other 
 penalty, or make any commitment which might have been pro- 
 nounced, 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 jus- 
 tice thereof, may proceed to enter judgment and impose sentence 
 as herein provided. 
 
 (Laws of 1910, chap. 676.) 
 
 YONKERS. 
 
 AN ACT TO SUPPLEMENT THE GENERAL LAWS RELATINa. TO. THE 
 CITY OP YONKERS. 
 
 Probation; Probation Officers. 
 
 Section 15. The city judge of Yonkers shall have power to im- 
 pose 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 accord- 
 ance with the provisions of this section shall be placed imder 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 sec- 
 tion 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 pre- 
 scribed by the board of estimate and apportionment upon t"be 
 recommendation of the city judge, and may include one or more 
 
Manual foe Peobation Officers. 185 
 
 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 char- 
 acter 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 proba- 
 tion ; 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. ISTo 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 proba- 
 tion 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 
 
186 Manual fok Probation Officbes. 
 
 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 proibation, 
 and his compliance with the terms and conditions of his release. 
 
 § 19. Each probation officer shall have, as to the prisoners com- 
 mitted to his care, the powers of a peace officer. 
 
 {Laws of 190«, chap. 452.) 
 
APPENDIX B. 
 
 COMPARATIVE STATISTICAL TABLES SHOWING THE GROWTH 
 IN THE USE OF PROBATION IN NEW YORK STATE DURING 
 THE PERIOD EXTENDING FROM JANUARY 1, 1908, TO DE- 
 CEMBER 31, 1912, INCLUSIVE. 
 
 TABLE OF CONTENTS. 
 
 Page 
 
 Table 1 — Number of persons placed on probation, arranged by places 188 
 
 2a — Charges in cases of boys placed on probation 193 
 
 2b — Charges in cases of girls placed on probation 193 
 
 2c — Offenses in cases of men placed on probation 193 
 
 2d — Offenses in cases of women placed on probation 194 
 
 3a — Results in cases of boys passed from probation 194 
 
 3b — Results in cases of girls passed from probation 194 
 
 3c — ■ Results in cases of men passed from probation 195 
 
 3d — Results in cases of women passed from probation 195 
 
 4 — Investigations by probation officers, arranged by places 190 
 
 5 — Collections by probation officers of moneys for family support, fines, 
 
 and restitution and reparation, arranged by places 200 
 
 6 — Probation officers 204 
 
 Note. — With the exception of Tables 4 and 5 all tables are made up for the entire 
 period extending from January 1, 1908, to December 31, 1912, inclusive. In Table 
 4 the column headed " 1908 " shows statistics for the last ten months of that year 
 only. The Commission did not start to collect statistics on " Investigations " until 
 March 1, 1908. Table 5 starts with the year 1909 because no reports of collections 
 by probation officers were made to the Commission prior to January 1 of that year. 
 
 [187] 
 
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Manual for Peobation Officeks. 193 
 
 Table 2a. — Charges in Cases of Boys Placed on Probation. 
 
 CHARGES 
 
 1908 
 
 1909 
 
 1910 
 
 1911 
 
 1912 
 
 Total 
 
 Assault 
 
 ■"230 
 276 
 
 29 
 733 
 214 
 306 
 
 80 
 158 
 
 38 
 185 
 232 
 
 31 
 706 
 223 
 340 
 
 "i35 
 
 62 
 233 
 266 
 
 34 
 757 
 218 
 373 
 
 " iii 
 
 73 
 279 
 328 
 117 
 659 
 234 
 307 
 
 " ' igo 
 
 181 
 442 
 583 
 633 
 1,209 
 684 
 254 
 34 
 423 
 
 354 
 
 
 
 Disorderly or ungovernable child 
 
 1,685 
 844 
 
 Larceny and similar o^enses 
 
 4 064 
 
 Malicious mischief . . . 
 
 1 573 
 
 
 1,680 
 
 Violations of local ordinances 
 
 114 
 
 
 1,047 
 
 
 
 Total .... 
 
 2,026 
 
 1,890 
 
 2,084 
 
 2,187 
 
 4,443 
 
 12 630 
 
 
 
 Table 2b. — Charges in Cases of Girls Placed on Probation. 
 
 CHARGES 
 
 1908 
 
 1909 
 
 1910 
 
 1911 
 
 1912 
 
 Total 
 
 
 ■■"ie 
 
 13 
 34 
 65 
 24 
 3 
 7 
 
 1 
 
 8 
 47 
 41 
 33 
 
 6 
 37 
 
 2 
 
 5 
 1 
 51 
 32 
 29 
 5 
 51 
 
 8 
 
 3 
 
 " 'iii 
 
 128 
 52 
 
 ■"■39 
 
 ■■99 
 
 9 
 
 11 
 
 137 
 
 307 
 
 32 
 
 8 
 
 46 
 
 3 
 
 95 
 
 18 
 
 
 20 
 
 Disorderly or ungovernable child 
 
 365 
 521 
 
 
 180 
 
 
 84 
 
 
 197 
 
 
 6 
 
 
 211 
 
 
 
 Total .... 
 
 162 
 
 175 
 
 182 
 
 435 
 
 648 
 
 1,602 
 
 
 
 Table 2c. — Offenses in Cases of Men Placed on Probation. 
 
 offenses 
 
 1908 
 
 1909 
 
 1910 
 
 1911 
 
 1912 
 
 Total 
 
 Misdemeanors 
 
 155 
 1,111 
 
 639 
 1,166 
 
 344 
 
 236 
 78 
 
 112 
 
 56 
 114 
 
 193 
 1,426 
 873 
 933 
 616 
 
 "■545 
 
 35 
 126 
 
 45 
 210 
 691 
 
 354 
 1,063 
 1,189 
 1,078 
 
 495 
 
 '"iis 
 
 37 
 156 
 
 41 
 238 
 280 
 
 419 
 1,419 
 1,761 
 1,214 
 
 634 
 
 "■573 
 
 78 
 181 
 
 37 
 268 
 227 
 
 415 
 
 2,596 
 
 .2,094 
 
 1,196 
 
 920 
 
 '234 
 481 
 
 62 
 187 
 
 33 
 205 
 246 
 
 1,536 
 
 Disorderly conduct 
 
 7,615 
 
 
 6 556 
 
 
 5,587 
 
 Public intoxication 
 
 3 009 
 
 Tramp or vagrancy 
 
 236 
 312 
 
 Other and unstated misdemeanors 
 
 Felonies 
 
 2,129 
 268 
 
 
 764 
 
 
 156 
 
 
 921 
 
 
 544 
 
 1 988 
 
 
 
 Total 
 
 4,555 
 
 5,693 
 
 5,349 
 
 6,811 
 
 8,669 
 
 31,077 
 
 
 
11)4 
 
 Manual foe Peobation Officees. 
 
 Table 2d. — Offenses in Cases of Women Placed on Probation. 
 
 OFFENSES 
 
 1908 
 
 1909 
 
 1910 
 
 1911 
 
 1912 
 
 Total 
 
 Misdemeanors 
 
 77 
 410 
 157 
 418 
 582 
 36 
 40 
 282 
 
 3 
 2 
 
 8 
 209 
 171 
 310 
 323 
 
 "isi 
 
 1 
 1 
 1 
 9 
 34 
 
 8 
 201 
 136 
 241 
 256 
 
 "iii 
 
 1 
 
 io 
 
 36 
 
 20 
 268 
 150 
 364 
 279 
 
 " i23 
 
 3 
 
 24 
 5 
 
 20 
 376 
 172 
 727 
 421 
 
 35 
 
 2 
 
 107 
 
 1 
 
 2 
 
 20 
 17 
 
 183 
 
 Disorderly conduct 
 
 1,464 
 
 
 786 
 
 Prostitution, etc 
 
 2,060 
 
 
 1,860 
 
 
 71 
 
 
 42 
 
 Other misdemeanors 
 
 814 
 
 Felonies 
 Assault 
 
 9 
 
 Burglary 
 
 3 
 
 Forgery 
 
 3 
 
 
 
 63 
 
 Other felonies. . . . 
 
 12 
 
 104 
 
 
 
 Total 
 
 2,019 
 
 1,248 
 
 1,009 
 
 1,236 
 
 1,900 
 
 
 
 
 Table 3a. — Estimated Results in Cases of Boys Passed Feom 
 
 Peobation. 
 
 estimated results 
 
 1908 
 
 1909 
 
 1910 
 
 1911 
 
 1912 
 
 Total 
 
 Per cent 
 
 
 1,424 
 
 52 
 
 284 
 
 25 
 
 14 
 
 112 
 
 1,371 
 55 
 280 
 21 
 16 
 33 
 
 1,357 
 81 
 311 
 32 
 18 
 47 
 
 1,735 
 
 69 
 
 350 
 
 33 
 
 21 
 
 3 
 
 2,853 
 
 72 
 
 609 
 
 27 
 
 7 
 
 176 
 
 8,740 
 319 
 
 1,834 
 
 138 
 
 76 
 
 371 
 
 76.1 
 
 
 2.8 
 
 
 16.0 
 
 
 1.2 
 
 
 .7 
 
 
 3.2 
 
 
 
 Total 
 
 1,911 
 
 1,776 
 
 1,846 
 
 2,201 
 
 3,744 
 
 11,478 
 
 
 
 
 Table 3b.- — Estimated Results in Cases of Girls Passed From 
 
 Probation. 
 
 ESTIMATED RESULTS 
 
 1908 
 
 1909 
 
 1910 
 
 1911 
 
 1912 
 
 Total 
 
 Per cent 
 
 
 132 
 
 1 
 
 23 
 
 103 
 
 5 
 
 28 
 
 S 
 
 106 
 5 
 23 
 4 
 3 
 3 
 
 297 
 
 5 
 
 47 
 
 6 
 
 4 
 
 504 
 
 12 
 
 93 
 
 6 
 
 3 
 
 28 
 
 1,142 
 28 
 214 
 20 
 10 
 42 
 
 78.4 
 
 
 1.9 
 
 
 14.7 
 
 
 1.4 
 
 
 
 .7 
 
 
 8 
 
 3 
 
 2.9 
 
 
 
 Total 
 
 164 
 
 144 
 
 144 
 
 369 
 
 645 
 
 1,456 
 
 
 sat 
 
 
Manual for Peobation Officers. 
 
 195 
 
 Table 3c. — Estimated Results in Cases of Men Passed From 
 
 Probation. 
 
 estimated results 
 
 1908 
 
 1909 
 
 1910 
 
 1911 
 
 1912 
 
 Total 
 
 Per cent 
 
 
 2,133 
 
 101 
 
 293 
 
 43 
 
 169 
 494 
 
 3,299 
 123 
 335 
 49 
 234 
 655 
 
 3,074 
 168 
 374 
 82 
 267 
 568 
 
 3,880 
 
 174 
 
 477 
 
 60 
 
 295 
 
 90 
 
 5,706 
 487 
 725 
 65 
 321 
 159 
 
 18,092 
 1,053 
 2,204 
 299 
 1,276 
 1,966 
 
 72.7 
 
 
 4.2 
 
 Re-arrested and committed 
 
 8.9 
 
 Removed with permission 
 
 Absconded or lost 
 
 1.2 
 5.1 
 7.9 
 
 
 
 Total 
 
 3,223 
 
 4,695 
 
 4,. 533 
 
 4,976 
 
 7,463 
 
 24,890 
 
 
 Table 3d. — Estimated Results in Cases of Women Passed From 
 
 Probation. 
 
 estimated results 
 
 1908 
 
 1909 
 
 1910 
 
 1911 
 
 1912 
 
 Total 
 
 Per cent 
 
 
 1,283 
 
 92 
 
 271 
 
 86 
 
 165 
 
 81 
 
 703 
 28 
 79 
 28 
 72 
 
 184 
 
 655 
 58 
 99 
 11 
 
 107 
 95 
 
 758 
 35 
 
 137 
 
 6 
 
 61 
 
 25 
 
 1,237 
 
 89 
 
 235 
 
 14 
 
 112 
 
 32 
 
 4,536 
 302 
 821 
 145 
 517 
 417 
 
 67.3 
 
 Discharged without improvement 
 
 4.5 
 12.2 
 
 Removed with permission 
 
 2.1 
 7.7 
 
 
 6.2 
 
 
 
 Total 
 
 1,978 
 
 1,094 
 
 925 
 
 1,022 
 
 1,719 
 
 6,738 
 
 
 
 
 Total number of persons discharged with improvement 32,510= 
 
 Total number of persons discharged without im.orovement 1,702= 
 
 Total number of persons re-arrested and committed 5,073= 
 
 Total nimibar of persons removed with permission 602= 
 
 Total number of persons absconded or lost 1 , 879= 
 
 Total number of persons discharged with other and unstated results 2,796= 
 
 Grand total number passed from probation 44 , 582 
 
196 
 
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200 
 
 Manual for Pkobation Officers. 
 
 Table 5. — Collections by Probation 
 
 Family Support 
 
 COURTS. 
 
 1909 
 
 1910 1 1911 
 1 
 
 1912 
 
 Total 
 
 In Cities. 
 
 
 
 822 25 
 1,878 42 
 
 $619 21 
 4,325 66 
 
 $54146 
 
 
 1318 77 
 
 {2,305 45 
 
 8,828 29 
 
 
 
 Buffalo Children's 
 
 
 
 
 
 
 
 1,741 90 
 
 13,262 78 
 
 
 
 15,004 68 
 
 Buffalo City 
 
 14,757 36 
 
 32 00 
 
 6 00 
 
 21,603 74 
 713 87 
 51 00 
 
 36,361 10 
 
 Cortland City 
 
 
 
 745 87 
 
 ■RllTnira ■Rfi"'^''dpp'« 
 
 
 
 56 00 
 
 Fulton Police 
 
 
 
 
 
 5100 
 
 9 00 
 
 
 404 76 
 63 50 
 
 464 76 
 
 Ithaea City 
 
 81 00 
 
 144 50 
 
 
 141 00 
 
 
 141 00 
 
 
 
 
 238 74 
 749 73 
 
 238 74 
 
 Mount Vemon City 
 
 22 00 
 
 46 00 
 
 263 22 
 
 1,080 95 
 
 
 
 New York City Board of Magistratea, First Divia- 
 
 923 20 
 4,817 07 
 
 245 00 
 13,339 07 
 
 265 00 
 44,121 69 
 
 
 1,433 20 
 
 New York City Board of Magistrates, Second Divia- 
 
 23,875 77 
 
 86,153 60 
 
 New York City Special Sessions, Manhattan and 
 
 
 New York City Special Sessions, Brooklyn, Queens 
 
 
 
 
 
 
 New York City Children's; 
 New York County, Kings, Queens, and Rich- 
 
 
 
 
 
 
 
 
 36 00 
 
 
 154 00 
 
 190 00 
 
 
 
 4 00 
 
 584 51 
 
 3,970 69 
 
 1,054 00 
 
 4 00 
 
 Plattaburff Citv 
 
 
 
 830 61 
 4,602 53 
 1,941 50 
 
 1,415 12 
 
 
 5,595 33 
 
 4,738 38 
 34 00 
 
 18,906 93 
 
 
 3,029 50 
 
 
 
 
 
 136 07 
 
 
 6,822 26 
 
 10,615 54 
 
 17,573 87 
 
 
 
 
 
 74 00 
 
 489 75 
 
 932 20 
 
 375 00 
 
 128 00 
 
 5,197 75 
 
 1,870 95 
 
 Watertown Citv 
 
 128 00 
 
 
 123 00 
 
 609 00 
 
 993 00 
 
 6,922 75 
 
 
 
 Totalfor cities 
 
 $13,943 34 
 
 J35,114 43 
 
 $75,786 60 
 
 $76,390 90 
 
 $201,235 27 
 
 Towns and Villages. 
 
 
 
 $6 00 
 
 
 $6 00 
 
 " Erie " 
 
 
 
 $125 90 
 
 125 90 
 
 
 
 
 
 
 
 
 $134 78 
 
 994 00 
 
 1,145 50 
 10 00 
 
 2,274 28 
 
 
 
 10 00 
 
 Vittages- 
 
 
 
 
 
 
 
 
 
 
 
 
 $267 63 
 
 5 00 
 
 
 
 272 63 
 
 Oakfield 
 
 
 
 
 
 
 21 00 
 
 10 00 
 
 
 31 00 
 
 
 
 
 
 
 J267 63 
 
 $160 78 
 
 $1,100 00 
 
 $1,281 4C 
 
 $2,809 81 
 
 Supreme and County Courts. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 $26 0) 
 
 ) $25 00 
 
 
 
 
 
 
 « Erie " 
 
 (568 6 
 
 9 $4,380 
 
 ) $5,878 2 
 
 6,822 3 
 
 3 17,649 29 
 
 
 
 
 
 
 
 35 
 
 » 35 00 
 
 
 
 
 
 
 
 
 
 
 
 
 
 80 
 
 
 
 
 29 
 
 109 00 
 
 " Montgomery " 
 
 1 
 
 1 
 
 
Manual fob Pkobation Officers. 201 
 
 Officers, Arranged by Places. 
 
 
 
 Fines 
 
 
 
 
 Restitution and Reparation 
 
 
 1909 
 
 1910 
 
 1911 
 
 1912 
 
 Total 
 
 1909 
 
 1910 
 
 1911 
 
 1912 
 
 Total 
 
 
 
 $43 50 
 71 00 
 
 $88 00 
 
 $131 50 
 96 00 
 
 
 
 
 $60 69 
 
 $60 59 
 
 
 $25 00 
 
 
 
 
 
 
 
 
 $11 00 
 
 
 
 11 00 
 
 
 
 
 125 00 
 
 125 00 
 1,622 00 
 9,392 17 
 
 $96 50 
 109 94 
 
 
 477 70 
 
 674 20 
 
 $642 75 
 
 979 25 
 
 
 2,789 72 
 
 
 2,899 66 
 
 
 2,569 75 
 
 6,822 42 
 
 $2,905 12 
 
 2,718 76 
 
 5,623 88 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 5 00 
 
 
 
 6 00 
 20 00 
 
 
 
 
 
 
 20 00 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 5 00 
 
 
 
 
 6 00 
 
 9 00 
 
 117 90 
 
 
 
 
 
 
 
 
 
 9 00 
 67 90 
 
 
 
 
 92 23 
 27 10 
 
 92 23 
 
 
 
 50 00 
 
 
 
 21 99 
 
 49 09 
 
 
 
 
 7 92 
 
 7 92 
 
 32 00 
 
 32 00 
 268 00 
 
 
 
 64 00 
 
 334 00 
 
 5 00 
 
 
 88 60 
 158 00 
 162 00 
 
 60 88 
 
 1 00 
 
 350 00 
 
 195 65 
 
 37 28 
 
 76 25 
 
 25 00 
 24 00 
 
 89 60 
 
 24 00 
 5 00 
 
 25 00 
 
 17 00 
 
 66 35 
 
 96 60 
 
 659 86 
 367 66 
 
 
 
 
 
 2 00 
 
 10 00 
 
 110 16 
 
 
 
 
 1 00 
 
 2 00 
 
 1 00 
 
 12 00 
 92 00 
 
 76 25 
 
 
 
 10 00 
 87 00 
 
 
 24 60 
 
 3 50 
 
 53 00 
 
 
 6 00 
 
 
 24 00 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 21 75 
 
 21 70 
 61 00 
 
 109 82 
 85 50 
 
 313 86 
 
 56 36 
 
 7 00 
 
 216 00 
 
 467 13 
 
 
 15 00 
 
 143 50 
 
 25 00 
 
 183 60 
 
 202 85 
 
 
 
 7 00 
 
 
 
 78 55 
 
 164 60 
 
 243 05 
 
 
 
 94 79 
 7 00 
 99 08 
 
 309 79 
 
 
 
 
 
 7 00 
 
 
 13 50 
 42 60 
 26 75 
 
 49 75 
 39 00 
 45 00 
 
 32 50 
 74 76 
 15 00 
 
 95 75 
 166 25 
 104 76 
 
 14 70 
 
 65 74 
 
 94 40 
 36 47 
 220 75 
 
 263 92 
 
 
 36 47 
 
 18 00 
 
 13 00 
 
 62 76 
 
 41 82 
 
 337 62 
 
 $746 75 
 
 $1,412 00 
 
 $3,212 05 
 
 $7,443 77 
 
 $12,814 57 
 
 $314 24 
 
 S3, 139 83 
 
 $3,837 30 
 
 $5,029 39 
 
 $12,320 76 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 $23 00 
 138 50 
 
 $6 00 
 85 20 
 
 $29 00 
 223 70 
 
 
 
 $5 00 
 
 45 70 
 
 6 00 
 
 $6 00 
 
 117 96 
 
 15 00 
 
 4 00 
 
 $10 00 
 
 
 
 
 
 163 65 
 
 
 
 
 
 21 00 
 
 
 
 
 
 
 
 
 4 00 
 
 
 $67 06 
 4 00 
 10 00 
 3 00 
 
 
 
 67 06 
 4 00 
 
 10 00 
 8 00 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 5 00 
 
 
 $15 66 
 
 
 
 
 15 00 
 
 
 
 
 
 
 
 
 $84 06 
 
 $166 50 
 
 $91 20 
 
 $341 76 S15 00 
 
 
 $56 70 
 
 8141 96 
 
 $213 65 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 $25 00 
 
 $26 00 
 
 
 
 
 $110 00 
 
 $110 00 
 
 
 
 
 
 
 
 
 
 $20 00 
 
 
 
 20 00 
 
 
 
 
 
 
 $25 00 
 
 65 00 
 
 90 00 
 
 $58 00 
 
 537 00 
 
 
 
 95 00 
 
 
 22 00 
 
 22 00 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 2 00 
 4,891 26 
 
 
 2 00 
 
 
 50 00 
 
 $106 00 
 
 399 00 
 
 656 00 
 
 $1,135 65 
 
 1,641 11 
 
 3,213 46 
 27 00 
 
 10,781 42 
 
 
 27 00 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 40 00 
 
 70 00 
 41 66 
 233 66 
 
 110 00 
 
 
 
 
 
 
 
 
 
 
 41 66 
 
 
 
 
 
 
 234 56 
 
 53 001 60 80 
 
 682 02 
 
 
 ::::::::; ::;: 
 
 
 
 
 5 60 
 
 6 60 
 
202 
 
 Manual fok Peobation Officees. 
 
 Table 5. — Collections by Probation Officers, 
 
 COURTS H 
 
 
 Family Support 
 
 
 1909 
 
 1910 
 
 1911 
 
 1912 
 
 Total 
 
 Supreme and CouNrr Courts — (Continued). 
 
 
 
 
 
 
 ' New York " ... 
 
 $123 00 
 
 $603 00 
 
 $1,460 00 
 
 $968 66 
 50 00 
 
 $3,159 00 
 
 " Oneida " 
 
 50 00 
 
 
 
 
 
 
 
 
 
 ioo 66 
 
 15 00 
 10 00 
 
 115 00 
 
 
 
 
 10 00 
 
 
 
 
 
 
 " Warren " 
 
 
 120 00 
 
 
 
 120 00 
 
 " Wyoming " 
 
 
 
 
 
 
 
 
 
 
 
 Total for Supreme and county courta 
 
 $776 69 
 
 $5,103 09 
 
 $7,438 21 
 
 $7,954 30 
 
 $21,272 29 
 
 
 $14,987 66 
 
 $40,378 30 
 
 $84,324 81 
 
 $85,626 60 
 
 $225,317 37 
 
 
 
Manual i-or Probation Offigees. 20c 
 
 Arranged by Places — (Concluded). 
 
 
 
 Fines 
 
 
 
 
 RBBTITnTION AND REPARATION 
 
 
 1909 
 
 1910 
 
 1911 
 
 1912 
 
 Total 
 
 1909 
 
 1910 
 
 1911 
 
 1912 
 
 Total 
 
 
 
 
 
 
 SIO 00 
 61 00 
 
 $40 00 
 
 669 00 
 
 5 50 
 
 
 
 $60 00 
 4.742 40 
 
 
 
 
 $100 00 
 
 $100 00 
 
 $725 65 
 170 25 
 
 $3,286 75 
 
 
 
 
 137 00 312 75 
 
 
 
 
 8 00 
 
 8 66 
 
 
 74 00 
 
 74 00 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 209 50 
 
 108 00 
 
 317 60 
 
 $10 00 
 
 
 
 
 10 CO 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 $350 00 
 
 
 350 00 
 
 1 
 
 175 00 
 
 
 176 00 
 
 
 
 
 1 
 
 
 
 S68 00 
 
 $87 00 
 
 $456 00 
 
 $617 00 
 
 $1,228 00 
 
 $1,441 2i:$2,350 61 
 
 $6,304 90 
 
 $7,281 63 
 
 $17,378 25 
 
 S814 75 
 
 $1,583 06 
 
 $3,834 55 
 
 $8,151 97 
 
 $14,384 33 
 
 $1,770 45!$5,490 44 
 
 $10,198 90 
 
 $12,452 87 
 
 $29,912 66 
 
20-1- 
 
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APPENDIX C. 
 
 THE SYSTEM OF CRIMINAL AND CHILDREN'S COURTS IN 
 NEW YORK STATE. 
 
 [209] 
 
THE SYSTEM OF CRIMINAL AND CHILDREN'S COURTS IN 
 NEW YORK STATE. 
 
 1. Courts of Origfinal Criminal Jurisdiction. The term " courts 
 of original criminal jurisdiction " includes all courts whicli have 
 power to arraign and sentence defendants in the first instance. 
 Such courts are distinguished from those which hear cases on 
 appeal. In this manual the term " court," unless otherwise stated, 
 signifies a court of original criminal jurisdiction. 
 
 The courts of original criminal jurisdiction are the court for 
 the trial of impeachments ; the Supreme court ; the county courts 
 in counties other than New York; city courts; the mayor's court 
 in the city of Hudson; court of General Sessions in the city and 
 county of New York ; the courts of special sessions ; and the police 
 courts. (Criminal Code, § 11.) 
 
 The coujts of appellate jurisdiction are as follows: the Court 
 of Appeals, to which appeals go from the Appellate Division, of the 
 Supreme Court, except in cases of capital crimes, when the appeal 
 is taken direct from the trial court ; the Appellate Division of the 
 Supreme Court, to which appeals are taken from judgments of the 
 trial term of the Supreme court and judgments of the county 
 courts; and the county court to which an appeal is taken from 
 judgments of inferior courts. 
 
 2. Higher Criminal Courts. The criminal part of the Supreme 
 court, the criminal part of the county court! and the court of 
 General Sessions in New York City and County, have original 
 jurisdiction of cases only after indictment by the grand jury; they 
 also hear appeals of judgments of convictions in the lower courts. 
 The higher criminal courts have exclusive jurisdiction over 
 felonies. They may also try misdemeanors if an indictment has 
 been found, but misdemeanants are usually tried without indict- 
 ment in the lower criminal courts. All cases in the higher crim- 
 inal courts are tried with a trial jujy. These courts hold a stated 
 number of terms each year, usually quarterly or monthly. 
 {Criminal Code, §§ 22, 39-48.) 
 
 The appellate jurisdiction of these courts is indicated above. 
 
 [211] 
 
212 Manual foe Probation Officers. 
 
 3. Lower Criminal Courts. In courts of special sessions and 
 police courts in villages and cities, misdemeanants are prosecuted 
 without indictment. Under the various statutes and city charters, 
 certain classes of misdemeanants are entitled to a trial by a jury 
 of six men, if a demand therefor is duly made ; otherwise the trial 
 is by the court without a jury. Persons charged with any offense 
 arrested within the jurisdiction of these courts, may be arraigned; 
 if the offense is less than a felony, they are usually tried and 
 sentenced ; if the charge be a felony and in some cases of misde- 
 meanors they may be held for the grand jury. {Grvminal Code, 
 §§ 56-65, New York City, §§ 64-67.) 
 
 4. Justices of the Peace. Every town usually has four justices 
 of the peace who are magistrates and who sit singly as a court of 
 special sessions, having jurisdiction within the town limits. 
 
 5. Village Police Justices. Certain villages have a police justice 
 who is a magistrate and who sits as a court of special sessions, 
 having jurisdiction within the village limits. {Criminal Code 
 § 74.) 
 
 6. Courts of Special Sessions of Cities. Each city has either a 
 police justice, a recorder, a city judge, a justice of the court of 
 special sessions, or a justice of the peace, who is a magistrate and 
 who sits as a court having criminal jurisdiction within the city 
 limits. 
 
 7. Courts in New York City. 
 
 (Note: New York City comprises five counties, whicli constitute five 
 boroughs as follows: 
 
 The county of New York constitutes the borough of Manhattan. 
 The county of The Bronx constitutes the borough of The Bronx. 
 The county of Kings constitutes the borough of Brooklyn. 
 The county of Queens constitutes the borough of Queens. 
 The county of Richmond constitutes the borough of Richmond.) 
 
 The courts in New York City are as follows : 
 2 Boards of City Magistrates. 
 1 Court of Special Sessions. 
 .^1 Children's Courts. 
 
 1 Court of General Sessions, and 4 County Courts. 
 1 Supreme Coiirt divided into criminal parts. 
 
Manuax foe Peobation Officees. 213 
 
 There are two boards of city magistrates. The board having 
 jurisdiction in the boroughs of Manhattan and the Bronx is called 
 the Board of City Magistrates of the First Division and is com- 
 posed of 19 city magistrates and one chief magistrate; the board 
 having jurisdiction in the boroughs of Brooklyn, Queens and 
 Kichmond is called the Board of City Magistrates of the Second 
 Division, and is composed of 16 city magistrates and one chief 
 magistrate. The magistrates rotate among the district courts of 
 their respective boards, each district court being presided over 
 by one magistrate at a time. 
 
 The district magistrates courts are those in which all adults 
 charged with any crime or other offense are first arraigned. A 
 magistrates court has final jurisdiction only over violations of 
 city ordinances (including disorderly conduct, public intoxica- 
 tion and vagrancy) . A district magistrates court may hold adults 
 charged with misdemeanors for trial in the Court of Special 
 Sessions. A district magistrates court in the county of New York 
 may hold adults charged with felonies for trial in the Court of 
 Greneral Sessions or the Supreme Court of New York County. 
 A district magistrates court in the counties of The Bronx, Kings, 
 Queens or Eiehmond may hold adults charged with felonies for 
 trial in the County Court or the Supreme Court of such respec- 
 tive county. 
 
 The Board of Magistrates of the First Division has, in addition 
 to its regular district courts, a night court for men, a night court 
 for women, and a domestic relations court. The Board of Magis- 
 trates of the Second Division has a domestic relations court. 
 The night courts have the same jurisdiction as the other district 
 courts, but the domestic relations courts have jurisdiction only 
 over cases of disorderly persons (that is, persons charged with 
 non-support of family). 
 
 The Court of Special Sessions, which has jurisdiction over per- 
 sons charged with misdemeanors, consists of 14 justices and one 
 chief justice. A separate part of the court sits on certain days in 
 each county for the trial of adult defendants. The court in New 
 York county has an additional part which sits when the calendar 
 there becomes so heavy as to make an additional part necessary. 
 
214 Manual fok Peobation Ofmcees. 
 
 Each part of this court, devoted to the trial of adults, is presided 
 over by three justices sitting together. 
 
 There is a children's court in each of the five counties. Each 
 children's court is presided over by a justice of the Court of 
 Special Sessions sitting alone. 
 
 The Court of General Sessions of l^ew York County is the 
 equivalent of a county court in other counties. It has 7 judges, 
 and usually has three or four parts in session at a time, each part 
 being presided over by one judge sitting alone. 
 
 The counties of The Bronx, Kings, Queens and Kichmond each 
 have a county court. Kings county has tvyo county judges, and 
 each of the other counties has one co;Uiity judge. 
 
 The Supreme court has a criminal division in New York 
 County. The Supreme court also holds criminal terms in the 
 other counties. Each term of the Supreme court is presided over 
 by one justice. 
 
 8. Children's Courts. All cases of children must be heard at a 
 different time from the trials of adults, and so far as practicable 
 in a different room. Any session devoted to children's cases is 
 knovm as the children's court. Except in Monroe and Ontario 
 Counties, and in cases of murder, all cases of children are heard 
 by a magistrate of a court of special sessions. Buffalo has an 
 entirely separate and distinct children's court, which is the only 
 court in the State presided over by a judge devoting his time ex- 
 clusively to cases of children. In ISTew York City, Syracuse and 
 Yonkers it is provided, under special enactment that the Court 
 of Special Sessions which tries cases of adults shall have a special 
 part known as the Children's Court. In Monroe County, including 
 the City of Kochester, all children's eases are heard in a separate 
 part of the County Court. In Ontario County all children's cases 
 are heard in a separate part of the Covmty Court. 
 
 Legislation enacted in the last few years has modified the pro- 
 cedure of trying children and has sought to take away as much as 
 possible the appearance of a criminal trial and the stigma of a 
 criminal conviction. No child can now be convicted of a crime 
 unless the charge is murder. Except as stated below, children 
 charged with an offense, which would be a crime — other than 
 
Manual foe Peobation Offioees. 215 
 
 murder — if committed by an adult, are convicted not of a crime, 
 but of being juvenile delinquents. In 'New York City, Buffalo 
 and Syracuse the suggestion of criminality is still further avoided 
 by refraining from convicting the children at all, and by adjudg- 
 ing them instead to be in need of the care and protection of the 
 State. In Monroe and Ontario Counties the criminal procedure in 
 children's cases has been entirely done away -with, and they are 
 heard by a purely civil procedure. Under this procedure the 
 children are adjudged to be in need of the care or discipline and 
 protection of the State, and are made its w^ards. 
 
 9. County Courts. Each county has a county court v^hich has 
 criminal jurisdiction. The Court of General Sessions in New 
 York county corresponds to the county court in other counties. 
 The judge of the county court is the coimty judge. Certain 
 counties also have an assistant county judge known as a special 
 county judge. 
 
 10. Supreme Court. The Supreme court is composed of one 
 hundred and two justices. It is divided into nine judicial dis- 
 tricts, each of which has a certain number of Supreme court 
 justices, usually residents of the district, assigned to it as trial 
 justices during the year. Each year one or more trial terms are 
 held by a justice of the district in each county of the district. 
 The Supreme court has jurisdiction over any person indicted for 
 a crime. In most counties only cases of murder in the first degree 
 are tried in the Supreme court. In several of the smaller counties 
 only the Supreme court has a grand jury, and where this is the 
 case the indictments for crimes other than murder in the first 
 degree are often transferred for trial or sentence to the county 
 court. (Judiciary La/w, § 140.) 
 
 11. Grand Jury. The Supreme and county courts in each of the 
 more populous counties have grand juries, but in the smaller 
 counties the county court is served by the gTand jury of the Su- 
 preme court. Persons charged with a felony are held by the 
 lower criminal court for indictment by the grand jury. If the 
 grand jury fails to indict them they are forthwith released from 
 custody or from bail. If such persons are indicted they are tried 
 in either the county court or the Supreme court. The district 
 attorney of the county or any member of the grand jury may also 
 
216 Manual foe Peobation Opficees. 
 
 present facts to the grand jury concerning alleged felonies or 
 misdemeanors, and an indictment may he found against any 
 persons who seem to have been guilty of such a crime. The pro- 
 ceedings of the grand jury are secret. {Criminal Code, § 222- 
 267.) 
 
 12. District Attorney. Each county has a district attorney, 
 whose duty it is to present facts to the grand jury upon which 
 indictments can he found against persons suspected of having 
 committed a crime within the county. The district attorney also 
 acts as the public prosecuting attorney in the county court and 
 the Supreme court. In ]S"ew York City, Rochester and Syracuse, 
 assistant district attorneys act as prosecuting attorneys in courts 
 of special sessions. 
 
 13. Trial Jury. When a person is tried before a county court 
 or Supreme court, the question of fact as to the guilt of the de- 
 fendant is decided by a trial jury. The trial jury is selected for 
 that term of the court, and is composed of jurors other than those 
 composing the grand jury. The decision of the jury is called a 
 verdict. The trial jury also decides the degree of the crime. If 
 a defendant pleads guilty, it is unnecessary for the trial jury to 
 render a verdict or to decide upon the degree of the crime. After 
 a plea or verdict of guilty the sentence is imposed by the judge or 
 justice of the court. 
 
 Courts of special sessions may try defendants with a trial jury, 
 and must do so if a trial by jury is demanded by the defendant. 
 (Criminal Code § 358.) 
 
 14. Appellate Divisions. The Supreme court in addition to 
 being divided into nine districts and having trial terms, is divided 
 also into four judicial departments for the hearing of cases on 
 appeal. Each department includes one or more judicial districts, 
 and has assigned to it a certain number of justices. Five justices 
 sit in what is known as the Appellate Division of that department. 
 The appellate divisions hear only cases on appeal. (Judiciary 
 Law, § 70-72.) 
 
 15. Court of Appeals. The Court of Appeals, which sits only 
 in Albany and which is composed of seven justices, sits only in 
 cases appealed from an Appellate Division or a lower court. 
 
APPENDIX D. 
 
 ILLUSTRATIVE CASE HISTORY. 
 
 [217] 
 
ILLUSTRATIVE CASE HISTORY. 
 
 The question is often asked just what does a probation officer do for and 
 with those placed under his care and just what happens when a person is 
 placed on probation. It is self-evident that no two cases are alike, no two 
 sets of circumstances are identical, and no two probationers have the same 
 histories or personal qualities. It is believed, however, that a detailed state- 
 ment of what actually occurred in connection with one probationer who was 
 under supervision for a period of a year and a half may be of interest and 
 value. The following is a record of such a case, taken from the probation 
 records of the Erie County Court and sent to the Commission by Mr. Edwin J. 
 Cooley, Chief Probation Officer. It includes a report of the preliminary 
 investigation, a summary of the facts and circumstances leading up to the 
 placing of the defendant on probation by the court, and a statement of the 
 probation officer's relation to the probationer, with the results of his super- 
 vision. 
 
 THE OFFENSE. 
 
 July 7, 1911. On March 5, 1911, the defendant deserted his wife and five 
 children, 10, 8, 6, 4 years, and 11 months of age, leaving them in destitute cir- 
 cumstances. He has contributed nothing toward their support since that 
 time. Defendant went to Dunkirk, N. Y., and returned to Buffalo four days 
 
 ago. He was arrested on July 6, 1911, by Dectective • of the 
 
 precinct. 
 
 PRELIMINARY INVESTIGATION. 
 
 The defendant is a man of Polish birth, 37 years of age, and thirty-three 
 years in the United States. He is a Catholic. His physical condition is good. 
 He has been married twelve years. 
 
 Three older children attend school. The wife does not work outside the 
 home. The financial condition of the family is very poor. 
 
 The housing conditions are undesirable, the family living in three rooms 
 in the rear of a two-family house which are unsanitary and crowded. The 
 rent is $7 per month. Neighborhood influences are bad, the family living in 
 a district densely populated by a low type of Polish people. There are numer- 
 ous saloons near the home. 
 
 The man has a previous court record. On September 12, 18 — , he was con- 
 victed of burglary in the third degree and sentenced to the Erie County Peni- 
 tentiary for two years. 
 
 Defendant is a moulder by occupation and has worked in several large 
 foundries in this city, earning good wages. He has a record of steady employ- 
 ment. At present he is out of work and has been so for two months, claiming 
 
 [219] 
 
220 Manual fok Probation Officers. 
 
 inability to find it. Several of the man's employers state that he is an effi- 
 cient workman, although he drinks to excess frequently. Discouragement over 
 his domestic difficulties has been given as the cause of his frequent over- 
 indulgence in liquor. 
 
 Defendant claims that his wife ia a heavy drinker, careless in her house- 
 hold affairs and he has some suspicion that she is immoral. The couple 
 have been married twelve years and their marital difficulties have extended 
 over a period of three or four years. Defendant does not want to live with 
 his wife and desires to secure his children, for whom he appears to havei 
 some regard. Defendant attended a Polish parochial school for seven years 
 but does not possess a very bright mentality. He is an easily influenced 
 individual but is aggressive in manner. 
 
 July 11. Called at the home of defendant's wife. She is a Polish woman, 
 36 years of age. Found her at home with two neighbors. Home consists 
 of three rooms in rear of house in which two other families live. The home 
 is a, squalid one and indicates that the wife is a careless and shiftless char- 
 acter. In regard to her husband, she claims that he is a heavy drinker and 
 that he abuses her and the children. However, she desires him released in 
 order that he ma,y support the family. She informed me that the Charity 
 Organization Society was supporting her and the children at the present time. 
 
 Talked with Miss , District Visitor of the Charity Organization 
 
 Society. Miss has made a very extensive investigation and study of 
 
 this matter. Sihe believes that both parties are to blame for the existing 
 conditions. She is of the opinion, however, that the case is a, proper one 
 for probationary treatment and that under competent supervision there is a 
 fair chance to remedy matters. 
 
 July 14. Facts reported to County Judge Taylor with recommendation 
 that man be released on probation and ordered to pay his earnings to the 
 probation office for the family's support. Judge Taylor so ordered. 
 
 EECORD OF PROBATION. 
 
 July 14. Talked with man at office immediately after his release by the 
 Court. Instructed him as to the conditions of his probation. Endeavored 
 to make him realize the moral obligation he owed to his children. Arranged 
 for his reporting and payment of money through the probation office for the 
 maintenance of his children. Man refused to live with his family and desired 
 to secure possession of children. Went out witli man and aided him in 
 securing a good boarding-house. 
 
 July I'S. Man reported at office at 9 a. m. Secured him position at the 
 A. & B. foundry as a, moulder. He will do piece work and will probably 
 earn between $15 and $19 weekly. 
 
 July 18. Called at office of the Children's Aid Society and requested that 
 the wife's character he investigated with the idea of taking children from 
 her if it was shown she was an improper character. 
 
 July 21. Children's Aid Society reported that no definite information was 
 at hand, indicating that the woman was immoral. They stated, however, 
 that she is a shiftless, careless housekeeper. 
 
 July 22. Called at home of the wife. Found her intoxicated, house in 
 unclean condition and children neglected. Two children were not in school. 
 
Manual tok Peobation Officees. 221 
 
 one in house at the time and the other out in the street playing. Baby lying 
 in bed in poor health, evidently from lack of proper nourishment. Talked 
 to woman in a very strenuous fashion, advising her that I was considering 
 having the children placed in an asylum. Woman appeared greatly dis- 
 turbed and was lavish in her promises to do better. 
 
 Left the home and went to the office of the Charity Organization iSociety. 
 Talked with the District Visitor who had family in charge. Discussed the 
 situation and came to the conclusion that nothing should be done at the 
 present time in regard to removing the children. District Visitor promised 
 to visit the home as often as possible. 
 
 July 24. Spoke to special officers attached to the precinct in which 
 
 defendant's family lives and requested them to keep a friendly eye upon the 
 family and advise me if they heard of them drinking or otherwise conducting 
 themselves improperly. One of the officers, who is of the Polish race, is 
 acquainted with the defendant and his wife and promised me his best co- 
 operation. 
 
 Aug. 1. Man reported at office and paid $11. Talked to him regarding a 
 reconciliation with his family and advised him of my efforts to aid family's 
 condition. After going over the matter thoroughly, man asked for time to 
 think the situation over, promising to let me know his decision the following 
 week. 
 
 Called at home of wife. Gave her $11 after warning her that the money 
 must be spent in a proper manner. Her handling of this money will serve 
 as a test and indicate the proper course for the future. Appearance of home 
 improved, although not up to standard. 
 
 Aug. 8. Man reported. Paid $14. Earned $19.50. Was still undecided 
 about returning to his family. Desired children taken from wife. Claimed 
 his mother would take care of themi. Told him that we would not permit 
 this arrangement at present. Talked to him one hour. Finally induced him 
 to agree to return to his family. 
 
 Called at home of wife and gave her $14. Advised her of man's inten- 
 tions. She received the matter indifferently. Told her that man would call 
 in the evening and talk the matter over. Informed her that I desired family 
 to move into a better locality. 
 
 Called at home with man in the evening and talked the situation over. The 
 couple brought up the past but I finally induced them to consider the matter 
 in a different light. It was agreed that wife was to look for a new house 
 the following day. 
 
 Aug. 9. Woman called at office stating that she had found a small cottage 
 in a good neighborhood which rented for $9 monthly. Communicated by 
 telephone with husband advising him of the situation, also talked with 
 defendant's foreman and arranged for his absence from work for half a day 
 in order that he might help move. 
 
 Aug. 10. Family moved into new home. 
 
 Aug. 24. Have had no complaints in two weeks. Man reports each week 
 paying from $14 to $17. Money sent to wife the following day. 
 
 Sept. 5. Man reported and paid $14. Stated that boy eight years old was 
 ill. From his explanation of the matter I suspected that boy's illness was 
 of a contsigious nature. 
 
222 Manual foe Peobation Ofpicees. 
 
 Sept. 6. Called Health Department and requested that District Physician 
 call at home. Physician called at office. Stated that boy had scarlet fever and 
 that it would be necessary to commit him to the contagious hospital. Boy 
 committed in the afternoon. 
 
 Sept. 9. Man called and stated wife had been drinking during the week. 
 Claims she had sent eight-year-old girl to saloon for liquor. 
 
 Sept. 11. Called at home and found wife washing. She denied being 
 intoxicated. Made comiplaint about man's conduct. Said he had been drink- 
 ing and using abusive language to her. Warned wife to be careful of her 
 conduct. 
 
 Stopped in and saw District Visitor of Charity Organization Society. Ad- 
 vised her of the situation and asked to keep -a, closer supervision over the 
 family. 
 
 Sept. 12. Man reported at office and paid $14. Stated that he had worked 
 but two days during the past week on account of slack work. Again com- 
 plained that wife had been intoxicated and that she had refused to get his 
 breakfast on two mornings. Stated he was forced to go to work without any 
 meal or food for his lunch. Claimed wife was spending his money for liquor. 
 
 Sept. 18. Called at place of employment. Foreman informed me that 
 man had been off two days on account of slack work, also stated that he had 
 worked well since taking the position. 
 
 Called at home. Wife recovering from birth of baby several days old. She 
 denied complaint of husband that she had been intoxicated. Advised her that 
 in the future I would not turn over any money to her and that she must fur- 
 nish me bills from grocer, butcher, etc. She agreed to do this. She made 
 complaint against man. Stated he was drinking and did not go to church. 
 Told her I would call in the evening. 
 
 Called in the evening and had long talk with couple. They both agreed 
 to go to church Saturday evening and see the priest. Man had not been 
 to church in two years. 
 
 Sept. 19. Called to see priest and advised him concerning the family. 
 Asked him to have couple take pledge. He promised to do so. 
 
 Sept. 25. Went to see priest. He told me that the couple had called upon 
 him, had taken the pledge and had gone to church Sunday morning. I asked 
 him to exercise supervision over the family and he promised to let me know 
 if the family did not go to church regularly. 
 
 Sept. 26. Man reported. Stated boy was released from contagious hos- 
 pital. Had no complaints to make regarding wife. 
 
 Oct. 25. Called at home. Woman stated that baby was not well. 
 Appeared to be suffering from lack of proper nourishment and right care. 
 
 Called at C. 0. S. Talked to District Visitor. Requested her to secure 
 fresh milk for baby. She thought it a good idea and promised to do so. 
 
 Returned to office and called District Nursing Association. Explained cir- 
 cumstances of family and asked that nurse be sent to home. Promised to 
 do so. 
 
 Nov. 14. Man reported. Requested me to make an effort to secure 
 release of ten-year-old boy who had been in Father Baker's Reformatory for 
 past few months. Promised to help him in this respect. 
 
 Nov. 15. Called at Juvenile Court and explained situation to judge 
 and probation officers. Informed them concerning family conditions and asked 
 for release of boy. The judge finally consented to release him. 
 
Manual foe Probation Officees. 223 
 
 Nov. 23. Called at Reformatory with order from judge and took boy home. 
 Mother delighted at boy's release. Warned them to send boy to school the 
 following morning. 
 
 Nov. 28. Man reported and stated that he had been laid off at the iron 
 works. Plant closed down for indefinite period. Advised him to call the 
 next morning and I would secure him employment. 
 
 Nov. 29. Man called. I telephoned several foundries but they were un- 
 able to place him in view of the fact that work was slack. Finally located 
 him with street railway company as laborer until favorable opportunity 
 presented itself at one of the foundries. He was to receive $12 weekly. 
 
 Dec. 2. (Saturday evening). Made unexpected call at family home. Found 
 man, wife, and children preparing to go to the " movies." Was agreeably 
 surprised. 
 
 I Dec. 12. Man reported. Stated that boy of ten years was giving trouble. 
 Had not been to school in over a week. Had been expelled for incorrigibility. 
 Claimed he was associating with bad crowd of young men near his home and 
 remaining out late at night. 
 
 Dec. 13. 'Phoned principal of school No. 57. He advised me that boy had 
 grown beyond his control and was a vicious character. Refused to allow him 
 to return to school. Called principal of school No. 44. Explained circumstances 
 and asked that the boy be allowed to enter school. Principal agreed to permit 
 this on condition that boy report the following day. 
 
 Visited home and arranged with boy to go to school No. 44 on the following 
 day. 
 
 Dec. 19. Man reported. Stated he had been informed that wife and a girl 
 friend had visited house of questionable character. Requested me to speak to 
 her regarding same. 
 
 Dec. 23. Called at home. Spoke to woman regarding man's complaint. 
 Denied it absolutely. Requested that I make the fullest investigation. 
 
 Called at C. 0. S. Spoke to District Visitor regarding complaint. She 
 promised to look into the matter. 
 
 Dec. 26. Man reported. Stated he had heard that B. & T. foundry were 
 employing help. Requested me to call superintendent and secure position, if 
 possible. 
 
 Dec. 27. Called superintendent and induced him to employ man. Advised 
 me to have man report at once. Called at man's home. Told his wife to 
 advise man to go to work the next morning. 
 
 Dec. 28. District Visitor of C. 0. S. called. Stated she had been unable 
 to find any foundation for complaint. Advised me that woman's friend, who 
 was living with her, ought to leave. Stated I would speak to man about 
 having her go elsewhere. 
 
 Jan. 2, 1912. Man reported. Had been working at B. & T. foundry, earning 
 from $18 to $19 weekly. Reported conditions at home satisfactory. Directed 
 him to have girl friend of wife leave home. 
 
 Jan. 12. Man reported. Stated ten-year-old boy had been arrested for 
 truancy. Was to be arraigned in court the following day. 
 
 Jan. 13. Called at Juvenile Court and spoke to Chief Probation OfBoer, 
 relating the family conditions and requesting that boy be released on proba- 
 tion. Boy placed in charge of probation oflScer that afternoon. 
 
 Jan. 17. Called at home. Baby in poor health. Directed woman to go to 
 dispensary immediately and secure milk 
 
224 Manual foe Peobation Opficees. 
 
 Called dispensary in afternoon and found that woman had secured milk. 
 
 Jan. 30. Called at home. House in good order. Wife informed me that 
 a woman from the dispensary had called and assisted her in cleaning home. 
 
 'Phoned District Visitor. Stated she had sent a Home Educator to the 
 family home last week. 
 
 Feb. 8. Man reported. Stated ten-year-old boy had been arrested for steal- 
 ing two pairs of shoes from the display counter of a dry goods store in the 
 neighborhood. Was to be arraigned in court the following day. 
 
 Feb. 9. Called at Juvenile Court in afternoon. Boy's ease was called and 
 in view of the fact boy was already on probation, judge committed him to 
 Father Baker's Reformatory for Boys. 
 
 Feb. 23. Called at home. Found man there. Had been injured at work 
 and had been home for two days. Conditions satisfactory. 
 
 March 12.. Made investigation as to whether or not man and wife were 
 drinking. Found no evidence that they were. 
 
 Man reported in evening with his earnings as usual. Talked to him con- 
 cerning pledge taken by wife and himself. Claimed that they had both kept 
 the same. 
 
 March 19. Man reported. Had been laid off from work. 
 
 March 26. Man reported. Is again working at the foundry. Granted him 
 permission to pay money at home instead of at office. Conditions at home 
 satisfactory. 
 
 Ma,y 28. Man reported. Has been reporting regularly and working stead- 
 ily. Has no complaints to make regarding wife. 
 
 July 9. Man reported. Informed me nine-year-old boy had been spending 
 considerable time upon the streets since school closed for vacation. Requested 
 my advice. 
 
 July 10. Called at boy's home and took him to the playground. Inter- 
 viewed the director and acquainted him with the facts in the matter. He 
 promised to take a special interest in the boy and I advised boy to report 
 daily. Boy was playing basketball when I left. 
 
 July 13. Called at home. Found everything very satisfactory. Man work- 
 ing steadily and home in good condition. Woonan advises that boy has taken 
 a great interest in the playground; in fact, spends too much of his time 
 there. 
 
 July 16. Man reported. Still working at the B. & T. foundry. Stated that 
 baby was very sick and was under a physician's care. 
 
 July 23. Man reported. Stated baby had died on Saturday evening and 
 had been buried next day. 
 
 Aug. 6. Man reported. Is still working at the B. & T. foundry, earning 
 from $14 to $19 weekly. Tells me that wife is taking good care of her chil- 
 dren and the home. Is well satisfied with her conduct. 
 
 Aug. 24. Visited home. Looks better than I have even seen it. Wife has 
 purchased some new furniture. She tells me husband is turning over his 
 earnings to her and that she is well satisfied with his conduct. Everything 
 appears to he running smoothly. 
 
 Sept. 17. Woman reported with her husband. Everything satisfactory. 
 Woman desires husband released from probation. Told her I would not agree 
 to this at present time. 
 
Manual fok Peobation Officers. 225 
 
 Sept. 30. Dropped in at home while investigating another case in the 
 neigliborhood. Conditions unchanged. Woman repeated her request to have 
 husband released from probation. 
 
 Oct. 15. Man reported. Informed me he had been elected an official of the 
 Moulders' Union. Was quite proud of the fact. Working at the same place. 
 
 Oct. 26. (Saturday evening.) Called at home at 7 p. m. Found family 
 eating supper. Wife's brother with them. Received earnest invitation to 
 (partake of meal. 
 
 ' Nov. 5. Man reported with six-year-old boy. Boy looked healthy and was 
 well clothed. Man seemed quite proud of child. 
 
 Dec. 21. Called at home. Woman not at home. Was informed by lady in 
 the front of the house that she had gone to get some Christmas things for 
 the children. She spoke well of the family and commented upon the man's 
 improved conduct. 
 
 Dec. 31. Man reported at office. Showed me a card which he had received 
 from Judge Taylor wishing him "iSuccess and Haippiness for the New Year." 
 Man was quite proud of the fact that the judge had remembered him. 
 
 Jan. 7, 1913. Man reported at office. Still working at foundry, earning 
 good wages. Well satisfied with employment and intends to stay at it. In- 
 quired as to the termination of his probation. 
 
 Jan. 25. Called at the home. Conditions good. Informed wife that I in- 
 tended to discharge man at a. night session of the court on January 31st. 
 This met with her approval. Told her I desired her to come up to court 
 with him'. 
 
 Jan. 31. Man, accompanied by wife, arraigned before Judge Taylor at a 
 night session of the Court for the Discharge of Probationers. Man was 
 discharged with the commendation of the court. Judge Taylor shook hands 
 with him and wished him God-speed for the future. After the session the 
 couple came over to the probation office and thanked him for his kindness 
 to them. 
 
 Summary of Case. 
 
 Probation period, 1 year and 6 months. 
 Number of visits of man to office, 86. 
 Number of visits of probation officer to home, 23. 
 Amount paid for support of family, $1,023.75. 
 Paid at probation office, $119. 
 Total, $1,142.75. 
 
 Reported to State Probation Commission January, 1913, as discharged 
 with improvement. 
 
APPENDIX E. 
 
 SECTION I. PKOBATION RULES OF THE BUFFALO CITY COURT. 
 SECTION II. PROBATION RULES OF THE BUFFALO CHIL- 
 DREN'S COURT. 
 
 Note. — In September, 1911, the judges of the Buffalo City Court requested 
 the State Probation Commission to recommend a set of rules for the adminis- 
 tration of their probation service. This was done by the Commission and the 
 rules were adopted. During the month of February, IS 12, the Commission 
 also prepared a set of similar rules for the Buffalo Children's Court proba- 
 tion service which were immediately adojpted by that court. 
 
 Inasmuch as these sets of rules were made very detailed and comprehensive, 
 it has seemed wise to bring them in as an appendix to this manual. 
 
 [227] 
 
SECTION I. 
 
 PROBATION RULES OF THE CITY COURT OF BUFFALO. 
 
 TABLE OF CONTENTS. 
 
 PAGE 
 
 Rule 1. Chief probation officer 229 
 
 2. Probation officers 229 
 
 3. Office and office hours 230 
 
 4. Supplies and expenses 230 
 
 5. Preliminary investigations 230 
 
 6. Placing defendants on probation 230 
 
 7. Period and conditions of probation 231 
 
 8. Supervision and aid of probationers 231 
 
 9. Probationers not to leave jurisdiction without permission 231 
 
 10. Violations of probationary conditions; absconders 231 
 
 11. Summons; warrants; arrests 232 
 
 12. Discharge from, and revocation of, probation 232 
 
 13. Docket entries and court records 232 
 
 14. Records and reports; registrar 233 
 
 15. Payments; receipts; accounts; cashier and bookkeeper; bonds 233 
 
 16. PubUcity 234 
 
 17. Miscellaneous 234 
 
 18. Amendments 234 
 
 Rule 1. Chief probatiou officer. The chief probation officer, subject to the 
 direction of the judges, shall be the administrative head of the probation 
 department of the court. He shall superintend the work of all other probation 
 officers; require them to observe the provisions of the probation laws and of 
 these rules; keep informed concerning their work and conduct, and report in 
 writing to the judges concerning negligence, incompetency or misconduct on the 
 part of any probation officer; secure and instruct volunteer assistants; have 
 general charge of the probation office and its clerical force; attend to the 
 official correspondence of the department; superintend the making of reports 
 by probation officers, and the keeping of records and accounts; oversee all 
 financial transactions of the office; secure the co-operation whenever necessary 
 of officials and other persons and agencies in Buflfalo and other parts of the 
 State; compile statistics; publish an annual report; and perform such other 
 duties as are prescribed in these rules and as may properly devolve upon him. 
 He shall study the needs of the probation system, and when neoessary make 
 recommendations to the judges for its improvement. On or before the first 
 day of February of each year, the chief probation officer shall file with the chief 
 justice a statement of the appropriations which will be needed by the proba- 
 tion department for the ensuing fiscal year. Whenever the chief probation 
 officer is absent from the office for any substantial length of time he shall 
 designate some other probation officer as acting chief probation officer. 
 
 Rule 2. Probation ofEcers. All salaried and all volunteer probation officers 
 shall observe all the provisions of the probation laws and of these rules, and 
 shall obey all instructions and orders of the chief probation officer, provided 
 that the chief probation officer shall not make unreasonaible demands on the 
 
 [229] 
 
230 MaNDAL fob PltOiiATION OFl''U!EIiS. 
 
 time or convenience of volunteers. All salaried probation officers shall devote 
 their entire time to probation work, and shall engage in no other business or 
 profession. Whenever any salaried probation officer is incapacitated by illness 
 or is otherwise unable to perform his duties, except during vacation, he shall 
 immediately notify the chief probation officer; and any volunteer probation 
 officer who is to be out of the city for more than two weeks, shall also notify 
 the chief probation officer. Each salaried probation officer shall have an 
 annual vacation of two weeks. 
 
 All probation officers shall respect the rights of defendants, probationers 
 and other persons, and shall at .all times treat them with due courtesy and 
 consideration. No probation officer shall represent to any person that by 
 virtue of his office he possesses any powers or rights which he does not possess. 
 No salaried probation officer shall recommend any attorney or bondsman to 
 any defendant or any representative of any defendant; and no salaried pro 
 bation officer, except the chief probation officer, shall request the release of 
 any prisoner under- the provisions of section 75 of the Buffalo City Court Act. 
 No probation officer shall do any proselyting or interfere in any way with the 
 religious beliefs or practices of defendants or probationers; or use his position 
 for political or partisan purposes. 
 
 Rule 3. Office and Office Hours. The office of the probation department shall 
 be in the City Court building, and shall be open daily from 8 : 30 a. m. to 
 4 p. mi.; on Sundays and legal holidays from 8:. 30 a. m. until the last session 
 of the court closes ; and at such other times as the chief probation officer shall 
 direct. The chief probation officer shaffl post a notice of the office hours in 
 a conspicuous place, and shall see that some representative of the probation 
 department is in the office at all times during the office hours. 
 
 Rule 4. Supplies and Expenses. All supplies for the probation department 
 shall be ordered and distribiited by the chief probation officer. Each pro- 
 bation officer shall keep an itemized account of all expenses incurred in the 
 performance of his official duties, and on the first day of each month shall 
 submit to the chief probation officer a bill, duly sworn to, for the preceding 
 month's expenses. No such bill shall be paid unless approved in writing 
 by the chief probation officer. 
 
 Rule 5. Preliminary Investigations. Unless otherwise directed by the court 
 or judge, the assignments of probation officers to make preliminary investi- 
 gations concerning defendants shall be made by the chief probation officer. 
 The reports of probation offiers on prelimiinary investigations shall be in 
 writing, and shall state the source from which the information was obtained. 
 So far as desirable and practicable the probation officer making an investi- 
 gation shall appear personally before the court or judge to explain or sup- 
 plement the written report. Unless otherwise ordered by the court or judge, 
 a copy of all reports of preliminary investigations shall be filed in the 
 probation office. 
 
 Rule 6. Placing Defendants on Probation. No defendant, unless well known 
 by a judge or probation officer, shall be placed on probation until after a, 
 preliminaiy investigation by a probation officer. Unless a probation officer 
 is in the court-room when a defendant is placed on probation, or can be called 
 to the court-room, the probationer shall at once be taken by a court attendant 
 to the office of the chief probation officer. The chief probation officer, or, 
 in his aihsemce, some other probation officer, as soon as possible thereafter. 
 
Manual foe Peobation Officees. 231 
 
 shall instruct the probationer concerning the probation, and shall give him 
 a written statement of the period' and conditions of his probation. If the 
 probationer has been ordered by the court to pay moneys, while on probation, 
 in the form of a fine, fajnily-support, restitution or reparation, the chief 
 probation officer, or probation officer, shall instruct the probationer concern- 
 ing the payments he is to make, and shall furnish him with a. copy of the 
 official receipt he is to receive for each payment. The chief probation officer, 
 unless otherwise directed by the judge, shall designate the probation officer 
 who is to supervise the probationer and shall arrange for an early meeting 
 between the probation officer and the probationer. The chief probation 
 officer, with the consent of the proper judge, may at any time transfer a 
 probationer to another probation officer. Male probationers shall be placed 
 only under the supervision of male probation officers, and female probationers 
 only under the supervision of female probation officers. 
 
 Rule 7. Period and Conditions of Probation. Unless otherwise directed by 
 the court or the judge placing >■ defendant on probation, the probationary 
 period shall be determined by the chief probation officer and shall be at least 
 six months, subject to such modification as the court or judge may sub- 
 sequently order. 
 
 The conditions of probation shall be fixed by the court or judge, unless in 
 their discretion they authorize the chief probation officer to fix such con- 
 ditions as are reasonable and just; provided, however, that the conditions 
 fixed by the chief probation officer shall not be effective for more than one 
 week, unless approved by the judge who placed the defendant on probation, 
 or in his absence, by another judge. 
 
 Rule 8. Supervision and Aid of Probationers. Each probation officer, so far 
 as practicable, and unless otherwise directed by the chief probation officer, 
 shall visit each probationer under his care at least once a month, and shall 
 require each such probationer to report in person to him at least weekly. 
 The chief probation officer shall see that the reporting by probationers to 
 the probation officers is carried on in such a manner as will secure proper 
 privacy and will minimize the mingling of probationers. No female pro- 
 bationers shall report at the probation office while male probationers are 
 reporting. No probation officer shall request any probationer to take a pledge 
 without the approval of the judge who placed the person on probation or of 
 the chief probation officer. 
 
 Rule 9. Probationers not to Leave Jurisdiction Without Permission. No 
 probationer, unless so authorized by the court or judge, shall be permitted 
 to leave the jurisdiction of the court for more than two days without written 
 permission from the chief probation officer, and the chief probation officer 
 shall grant such permission only when it seems consistent with the purposes of 
 probation and important for the welfare of the probationer or for other valid 
 reasons. The chief probation officer shall preserve a record of all probationers 
 .permitted to leave the jurisdiction of the court, and if they are to remain 
 away for more than one month he shall employ such means as seem most 
 practicable to maintain supervision over them while outside of such juris- 
 diction. So far as practicable, he shall request the co-operation of probation 
 officers in the jurisdictions to which such probationers remove. 
 
 Rule 10. Violations of Probationary Conditions; Absconders. All violations 
 or alleged violations of the probationary conditions shall be promptly investi- 
 gated by the probation officer supervising the probationer. If the probation 
 
232 Manual foe Pkobation Officees. 
 
 officer finds the violation to be serious, or If he has reason to believe that a 
 probationer has absconded or otherwise disappeared, without permission, from 
 probationary oversight or the jurisdiction of the court, he shall forthwith 
 report the facts to the chief probation officer. 
 
 Rule H. Summons; Warrants; Arrests. If it seems important to the chief 
 probation officer to have a probationer, who has violated his probation, appear 
 before the court or judge, and if the probationer will probably not appear 
 otherwise, the chief probation officer shall request the issuance of a summons 
 or a warrant. If a probationer has absconded or otherwise disappeared with- 
 out permission from probationary oversight or the jurisdiction of the court, 
 the chief probation officer, unless otherwise able to secure either the early 
 return of such probationer or a satisfactory explanation of his actions, shall 
 request a warrant for his arrest. So far as practicable, warrants for the 
 arrest of probationers shall be signed by the judge who placed such persons 
 on probation. A summons for the appearance of any probationer sha,ll be 
 issued by the warrant clerk of the court upon the request of the chief proba- 
 tion officer. 
 
 The chief probation officer shall endeavor to have all such summons and 
 warrants served as early as possible, and to locate all probationers for whom 
 such a process has been issued and whose whereabouts are unknown. He shall 
 keep a record of all such summons and warrants, including the names of the 
 police officers or other persons requested to serve them; and he shall report in 
 writing at least monthly to the proper judges concerning all probationers for 
 whom a summons or warrant is outstanding. If the probationary period of 
 any probationer for whom a, summons or warrant has been issued, is about 
 to expire before he has been brought before the court or judge, the chief 
 probation officer shall request the court or judge to extend the probationary 
 period as provided in subdivision 4 of section 11-a of the Code of Criminal 
 Procedure. ,No probationer for whom a summons or warrant has been issued, 
 and who fails to appear before the court or judge as required by such process, 
 shall be discharged from probation within less than one year from the time 
 of its issuance. The chief probation officer or any probation officer may 
 request that probationers who appear in response to a summons be taken 
 before the judge in his private office. 
 
 Rule 12. Discharge from, and Revocation of, Probation. So far as prac- 
 ticable, the discharge of probationers, and also the revocation of probation 
 for violations of the probationary conditions, shall be by the judge who 
 placed the persons on probation. The discharge of probationers shall be, so 
 far as practicable, in the judge's private office or the probation office. 
 
 Rule 13. Docket Entries and Court Records. When a defendant is placed 
 on probation, the judge or clerk of the Part shall enter on the docket the 
 word " Probation." In cases where the probationer is required, as one of the 
 conditions of his probation, to pay family-support, the judge or clerk shall 
 enter in the docket the words "Probation — to pay family-support;" and 
 in cases where the probationer is to pay restitution, reparation or a fine, the 
 
 words "Probation — to pay restitution [reparation or a fine) of $ — > ." 
 
 The clerk of each Part of the court shall keep a " Probation Book '' in which 
 shall be entered in chronological order the names of, and other data concern- 
 ing, all defendants placed on probation in such Part, including the names of 
 the respective probation officers, the kind and the amount of payments to be 
 made by probationers, and the dates on which their probation is to end. 
 
Manual foe Probation Officers. 233 
 
 When any probationer finishes his probation, this fact together with the 
 results of the probation shall also be entered in the " Probation Book." 
 
 Rule 14. Records and Reports; Registrar. Tlie chief probation officer shall 
 establish and maintain the system of records and reports, and of indexing and 
 filing the same, provided by the State Probation Commission. He shall keep 
 a card index of all probationers, and records showing the probationers assigned 
 to each probation officer, the dates on which all probationary periods will 
 expire, the probationers who are outside the jurisdiction of the court, those 
 for whom summons or warrants have been issued, and other important facts. 
 Each probation officer shall keep a written history of each of his probationers 
 while on probation, and shall report at least monthly concerning each proba- 
 tion case, including violations of the probationary conditions, to the chief 
 probation officer and to the judge who placed each person on probation, such 
 reports, so far as practicable, to be in writing and supplemented by oral 
 explanations. Each probation officer shall also make such other reports as 
 the chief probation officer shall direct. Each probation officer shall notify 
 the chief probation officer two weeks before the probationary period of each 
 probationer is to expire, and shall arrange with the chief probation officer 
 about making a final report on the case to the judge and about having the 
 probationer brought before the court or judge for discharge or other disposi- 
 tion. So far as practicable, all records and reports shall be typewritten. 
 
 The chief judge shall designate an employee of the court under the title of 
 registrar to have general charge of the indexing and filing of records. Unless 
 permission is granted by a judge, the chief probation officer or the registrar, 
 no index card shall be removed from the general index, and no records shall 
 be removed from the probation office; provided, however, that any probation 
 officer may temporarily remove the records of any of his cases from the office 
 whenever necessary for the performance of his duties. The registrar shall 
 keep a list of all records removed from the office, and shall see that they are 
 returned as early as possible to their proper places. All records made or 
 used by volunteer probation officers shall be delivered to the chief probation 
 officer upon request or at the termination of each respective case. All records 
 shall be guarded against inspection by persons not entitled to inspect them, 
 and when not in use shall be kept locked. All reports of probation officers 
 to the State Probation Commission shall be inspected by the chief probation 
 officer or registrar before being sent to the Commission. 
 
 Rule 15. Payments; Receipts; Accounts; Cashier and Bookkeeper; Bonds. 
 No payments of family-support, restitution, reparation or fines shall be 
 received by any probation officer or other employee of the probation office, 
 except at the probation office; and the recipient of each such payment shall 
 give the payee an official receipt for the payment. Whenever a payment is 
 received through the mail an official receipt shall be given or mailed to the 
 probationer within twenty-four hours. The chief judge shall designate a 
 probation officer or other employee of the court to act as cashier and book- 
 keeper, and so far as practicable, all payments shall be made to the cashier. 
 All payments made to probation officers or other employees shall be delivered 
 to the cashier as soon as possible. All such moneys when deposited in a bank 
 shall be deposited in the name of the chief probation officer as trustee. 
 
 When a probationer is required to pay family-support, restitution or 
 reparation, the chief probation officer shall at once notify the beneficiary of 
 the fact and of the amounts to be paid. All disbursements in the form of 
 
234 Manual foe Peobation Officees. 
 
 family-support, restitution and reparation shall be made as early as possible 
 within forty-eight hours, and shall be made by the cashier. All fines collected 
 from probationers shall be delivered to the chief clerk of the court on the day 
 of their collection, or, if this is impossible, within the next twenty-four hours. 
 A receipt for each disbursement, except those made by check, shall be kept in 
 the probation oflBce. 
 
 Whenever a probationer is permitted to make his payments directly to the 
 beneficiary, he shall be required, unless otherwise directed by the chief pro- 
 bation oflBcer, to receive receipts in duplicate from the beneficiary, and to 
 deliver to the probation officer one such receipt for each such payment. The 
 probation officer supervising such probationer shall endeavor to verify whether 
 such payments have been made. The bookkeeper shall keep proper accounts 
 of all such payments made by probationers directly to beneficiaries. 
 
 The cashier and bookkeeper shall keep a list of all probationers required 
 to make payments, and shall keep accounts of all moneys received and dis- 
 bursed, in the loose leaf ledgers and cash books provided by the State Proba- 
 tion Commission. The chief probation officer shall make a monthly written 
 report of all arrears to the judges requiring the probationers to make 
 payments. 
 
 The probation officers shall endeavor, so far as practicable, to have all 
 payments by probationers paid from their own earnings. If any probation 
 officer learns that the payments required of any probationer entail undue 
 financial hardship upon him or those dependent upon him, the probation 
 officer shall forthwith report the facts to the chief probation officer, and the 
 chief probation officer in his discretion may request the court or judge to 
 modify the court order requiring the payments. No probation officer shall 
 assume the right to determine the amount or frequency of the payments to 
 be made by probationers, except that the chief probation officer may exercise 
 such right when so authorized in accordance with the provisions of Rule 7. 
 
 All probation officers who receive moneys from probationers, and the 
 cashier, shall be under bonds. 
 
 Rule 16. Publicity. All probation officers shall avoid divulging any infor- 
 mation concerning their investigations or probation work which will tend 
 improperly to jeopardize the welfare of any defendant or probationer. No 
 probation officer, except the chief probation officer, shall give any information 
 or make any statements to newspaper representatives concerning defendants 
 or probationers or the probation work of the court. 
 
 Rule 17. Miscellaneous. No probation officer or representative of the pro- 
 bation office shall write to or concerning any probationer on a postal card. 
 Whenever it is especially desirable to protect the reputation of any defendant 
 or probationer, correspondence from the probation office shall be written on 
 plain paper. • ^ 
 
 So far as is possible without interfering with their own work, the probation 
 officers, when so directed by the chief probation officer, shall assist the pro- 
 bation officers of other jurisdictions in investigating and supervising cases for 
 them. 
 
 Rule 18. Amendments. Any of these rules may be temporarily suspended 
 at any time by unanimous consent of the judges, or may be amended bv 
 majority vote of the judges. 
 
SECTION II. 
 
 PROBATION RULES OF THE CHILDREN'S COURT OF BUFFALO. 
 
 TABLE OF CONTENTS. 
 
 PAGE 
 
 Rule 1. Chief probation officer 235 
 
 2. Probation officers 235 
 
 3. Offices 236 
 
 4. Supplies and expenses 236 
 
 5. Preliminary investigations 236 
 
 6. Placing defendants on probation 236 
 
 7. Period and conditions of probation 237 
 
 8. Supervision and aid of probationers 237 
 
 9. Probationers not to leave jurisdiction without permission 237 
 
 10. Violations of probationary conditions; absconders 237 
 
 11. Summons; warrants; arrests 238 
 
 12. Discharge from probation 238 
 
 13. Adult contributory delinquency 238 
 
 14. Court records 238 
 
 15. Probation records and reports 238 
 
 16. Payments; receipts; accounts; cashier and bookkeeper; bonds 239 
 
 17. Publicity 240 
 
 18. Miscellaneous 240 
 
 19. Amendments 240 
 
 ■ Rule 1. Chief Probation Officer. The probation officer designated by the 
 judge to act as chief probation officer, shall, subject to the direction of the 
 judge, be the administrative head of the probation department of the court. He 
 shall superintend' the work of all other probation officers; require them to ob- 
 serve the provisions of the probation laws and of these rules; keep informed 
 concerning their work and conduct, and report to the judge concerning negli- 
 gence, incompetency or misconduct on the part of any probation officer; secure 
 and instruct volunteer assistants; have general charge of the probation offices; 
 attend to the official correspondence of the department; superintend the 
 making of reports by probation officers, and the keeping of records and 
 accounts; oversee all financial transactions of the department; secure the 
 cooperation whenever necessary of officials and other persons and agencies 
 in Buffalo and elsewhere; compile statistics; publish an annual report; and 
 perform such other duties as are prescribed in these rules and as may prop- 
 erly devolve upon him. He shall study the needs of the probation system, 
 and when necessary make recommendations to the judges for its improvement. 
 On or before the first day of February of each year, the chief probation officer 
 shall file with the judge a statement of the appropriations needed by the 
 probation department for the ensuing fiscal year. Whenever the chief probation 
 officer is absent from the office for any substantial length of time the judge 
 shall designate another probation officer to act as chief probation officer 
 during such period of absence. 
 
 Rule 2. Probation Officers. All salaried and all volunteer probation officers 
 
 [235] 
 
236 Manual fok Peobatiojj Officees. 
 
 shall observe all the provisions of the probation laws and of these rules, and 
 shall obey all lawful instructions and orders of the chief probation officer, 
 provided that the chief probation officer shall not make unreasonable demands 
 on the time or convenience of volunteers. All salaried probation officers 
 shall devote their entire time to probation work, and shall have no other 
 occupation, business or profession. Whenever any salaried probation officer 
 is incapacitated by illness or is otherwise unable to perform his duties, except 
 during vacation, he shall immediately notify the chief probation officer; and 
 any volunteer probation officer having a probationer under his care and about 
 to be out of the city for more than one week, shall also notify the chief pro- 
 bation officer. Each salaried probation officer shall have an annual vacation 
 of two weeks. 
 
 All probation officers shall respect scrupulously the constitutional rights 
 of all children and other persons with whom they have dealings. No probation 
 officer shall represent to any child or other person that by virtue of his 
 office he possesses any powers or rights which he does not possess. iSTo pro- 
 bation officer shall attempt to proselyte or in any way to interfere with the 
 religious beliefs or practices of any child or adult brought before the court. 
 No probation officer shall use his position for political or partisan purposes. 
 
 Rule 3. Offices. There shall be a probation office in the Juvenile Detention 
 Home, and another in connection with the part of the court devoted to the 
 trial of adults or at such other places as may be decided upon by the judge. 
 Each office shall regularly be kept open during such hours as shall be decided 
 upon by the chief probation officer with the approval of the judge. 
 
 Rule 4. Supplies and Expenses. All supplies for the probation department 
 shall be ordered and distributed by the chief probation officer upon approval 
 by the judge. Each salaried probation officer shall keep an itemized account 
 of all expenses incurred in the performance of his official duties, and on the 
 first day of each month shall submit to the chief probation officer a bill, duly 
 sworn to, for the preceding month's expenses. No such bill shall be paid 
 unless approved in writing by the chief probation officer and the judge. 
 
 Rule 5. Preliminary Investigations. Unless otherwise directed by the 
 court or judge, the assignments of probation officers to make preliminary 
 investigations concerning children and adults brought before the court shall 
 be made by the chief probation officer. In making such investigations no 
 probation officer shall question any defendant as to his guilt or innocence, or 
 shall endeavor to secure information on this question. The reports of pro- 
 bation officers on preliminary investigations shall be in vnriting, and shall 
 state the sources from which the statements made were obtained. So far as 
 desirable and practicable the probation officer making an investigation shall 
 appear personally before the court or judge to explain or supplement the 
 written report. Unless otherwise ordered by the judge, a copy of all reports 
 of preliminary investigations shall be filed with the probation records. 
 
 Rule 6. Placing Defendant on Probation. No child or adult defendant, 
 unless well known by the judge or a probation officer, shall be placed on 
 probation until after a preliminary investigation by a probation officer. When 
 a child or adult defendant is placed on probation, the probationer, as soon 
 as possible thereafter, shall be instructed concerning his probation, by the 
 chief probation officer, or in his absence by another probation officer. Such 
 chief or other probation officer shall give the probationer a written statement 
 
Manual foe Peobation Officees. 237 
 
 of the period and oonditions of the probation and take a written acknowledg- 
 ment therefor, and shall instruct the probationer concerning the purposes and 
 requirements of the probation. If the probationer has been ordered by the 
 court to pay, while on probation, restitution, reparation or a fine, such pro- 
 bation officer shall instruct the probationer concerning the payments he is to 
 make, and shall furnish him with a, copy of the oiEcial receipt he is to receive 
 for each payment. The chief probation officer, unless otherwise directed by 
 the judge, shall designate the probation officer who is to supervise the pro- 
 bationer and shall arrange for an early meeting between the probation officer 
 and the probationer. The chief probation officer, with the consent of the 
 judge, may at any time transfer a probationer to another probation officer. 
 Female probationers shall be placed under the supervision of female probation 
 officers. 
 
 Rule 7. Period and Conditions of Probation. Unless otherwise directed by 
 the court or the judge, the original probationary period shall be one year, 
 subject to such modifications as the court or judge may subsequently order. 
 
 The judge may authorize the chief probation officer to determine require- 
 ments of probation supplementary to those determined by the court or judge. 
 Rule 8. Supervision and Aid of Probationers. Each probation officer, so 
 far as practicable, and unless otherwise directed by the chief probation officer, 
 shall visit each probationer under his care at least once a month, and shall 
 require each such probationer to report in person to him at least weekly. The 
 chief probation officer shall see that the reporting by probationers to the 
 probation officers is carried on in such a manner as will secure reasonable 
 privacy and will minimize the mingling of probationers. Neither boy and 
 girl probationers, nor juvenile and adult probationers, shall be allowed to 
 report personally at the probation office at the same time. 
 
 Rule 9. Probationers not to Leave Jurisdiction without Permission. No 
 probationer, unless so authorized by the court or judge, shall be permitted 
 to leave the city of Buffalo for more than two days without written permission 
 from the chief probation officer, and the chief probation officer shall grant 
 such permission for a period exceeding two days only when it seems con- 
 sistent with the purposes of probation and important for the welfare of the 
 probationer or for other valid reasons, provided that the chief probation officer 
 shall not permit any probationer to remove permanently from the city without 
 the special consent of the judge. The chief probation officer shall preserve 
 a record of all probationers permitted to leave the jurisdiction of the court, 
 and if they are to remain away for more than one month he shall employ 
 such means as seem most practicable to maintain supervision over them 
 while outside of such jurisdiction. So far as practicable, he shall request 
 the cooperation of probation officers in the jurisdictions to which such pro^ 
 bationers remove. 
 
 Rule 10. Violations of Probationary Conditions; Absconders. All alleged 
 or apparent violations of the probationary conditions by any probationer 
 shall be promptly investigated by the probation officer supervising the pro- 
 bationer. If the probation officer finds the violation to be serious, or if he 
 has reason to believe that a. probationer has absconded or otherwise dis- 
 appeared, without permission, from probationary oversight or from the juris- 
 diction of the court, he shall forthwith report the facts to the chief probation 
 officer. 
 
238 Manual foe Peobation Officees. 
 
 Rule 11. Summons; Warrants; Arrests. If it seems important to the chief 
 probation officer to have a probationer, who has violated his probation, appear 
 before the court or judge, and if the appearance of the probationer cannot 
 be secured otherwise, the chief probation officer shall request the issuance 
 of a summons or a warrant. If a probationer has absconded or otherwise 
 disappeared from probationary oversight or from the jurisdiction of the court 
 without permission, the chief probation officer, unless otherwise able to secure 
 either the early return of such probationer or a satisfactory explanation of 
 his action, shall request a warrant for his arrest. 
 
 The chief probation officer shall endeavor to have all such summons and 
 warrants served as early as possible, and to assist in locating all probationers 
 for whom such a process has been issued and whose whereabouts ard 
 unknown. He shall keep a record of all such summons and warrants, includ- 
 ing the names of the police officers or other persons requested to serve them; 
 and shall report in writing at least monthly to the judge concerning all pro- 
 bationers for whom a summons or warrant is outstanding. If the proba- 
 tionary period of any probationer for whom a summons or warrant has 
 been issued, is about to expire before he has been brought before the court 
 or judge, the chief probation officer shall inform the court or judge of the 
 fact and may request that the probationary period be extended as provided 
 in subdivision 4 of section 11-a of the Code of Criminal Procedure. , 
 
 Rule 12. Discharge from Probation. Each probation officer shall notify the 
 chief probation officer two weeks before the probationary period of each 
 probationer is to expire, and shall arrange with the chief probation officer 
 to make a final report on the case to the judge, and to have the probationer 
 brought before the judge for discharge or other disposition. 
 
 Rule 13. Adult Contributory Delinquency. Whenever adults are placed 
 under the oversight of a probation officer, as provided in subdivision 2 of 
 section 494 of the Penal Law, the probation officer shall keep records of such 
 cases and make reports thereof as provided for regular probation cases by 
 Rule 14. 
 
 Rule 14. Court Records. When a child or adult defendant is placed on pro- 
 bation, the judge shall sign a probation order which shall be filed with the 
 court records of the case, and the judge or clerk shall enter on the docket 
 the word — " Probation.'' In cases where the probationer is required, as one 
 of the conditions of his probation, to pay a fine, restitution or reparation, the 
 judge or clerk shall enter on the docket the words — " Probation — to pay 
 
 a fine or (restitution or reparation to ) of $ ." In cases 
 
 where an adult charged with contributing to the delinquency of a child is 
 placed on probation, as provided in section 494 of the Penal Law, without 
 conviction, the corresponding entry on the docket shall be — " Probation upon 
 consent." The clerk shall keep two " Probation Books," one for cases of chil- 
 dren and the other for cases of adults, and in the proper book shall enter, in 
 chronological order, the names of, and other data concerning, all children or 
 adult defendants, as the case may be, placed on probation. When any pro- 
 bationer finishes his probation, this fact together with the results of the pro- 
 bation shall also be entered in the proper "Probation Book." 
 
 Rule 15. Probation Records and Reports. The chief probation officer shall 
 establish and maintain the system of records and reports, and of indexing 
 and filing the same, provided by the State Probation Commission. He shall 
 
Manual foe Probation Officees. 239 
 
 keep a card index of all juvenile probationers and another of all adult pro- 
 bationers, together with records showing the probationers assigned to each 
 probation officer, the dates on which all probationary periods expire, the 
 probationers who are outside the jurisdiction of the court, those for whom 
 fiummona or warrants have been issued, and other important facts. Each 
 probation officer shall keep a written history of each of his probationers 
 while on probation, and shall report at least monthly concerning each proba- 
 tion case, including violations of the probationary conditions, to the chief 
 probation officer and to the judge who placed each such person on probation, 
 such reports, so far as practicable, to be in writing and supplemented by oral 
 explanations. Each probation officer shall also make such other reports as 
 the chief probation officer shall direct. So far as practicable, all records and 
 reports shall be typewritten. 
 
 Unless permission is granted by the judge or the chief probation officer, 
 no index card shall be removed from the general index, and no records shall 
 be removed from the probation office; provided, however, that any probation 
 officer, upon notifying the chief probation officer in writing, may temporarily 
 remove the records of any of his cases from the office whenever necessary in 
 connection with the performance of his duties. The chief probation officer 
 shall keep a list of all records removed from the office, and shall see that they 
 are returned to their proper places. All records made or used by volunteer 
 probation officers at their homes shall be delivered to the chief probation 
 officer upon request or at the termination of each respective case. All records 
 shall be guarded against indiscriminate inspection by persons not entitled 
 to inspect them, and when not in use shall be kept locked. All reports of 
 probation officers to the State Probation Commission shall be inspected by 
 the chief probation officer before being sent to the Commission. 
 
 Rule 16. Payments; Receipts; Accounts; Cashier and Bookkeeper; Bonds. 
 Any probation officer or other employee of the court upon receiving a pay- 
 ment of restitution, reparation or an instalment fine from any probationer or 
 any representative of any probationer, shall give the payee an official receipt 
 for the payment. Whenever such a payment is received through the mail an 
 official receipt shall be given or mailed to the probationer within twenty-four 
 hours. All such payments if made to probation officers or other employees of 
 the court shall be delivered to the chief probation officer as soon as possible. 
 All such moneys when deposited in a bank shall be deposited in the name of 
 the chief probation officer as trustee. Unless otherwise directed by the judge 
 all disbursements in the form of restitution and reparation shall be made as 
 early as possible within forty-eight hours, and shall be made by the chief 
 probation officer and so far as practicable by check. All fines collected from 
 probationers shall be delivered to the clerk of the court on the day of their 
 collection, or, if this is impossible, within the next twenty-four hours. A 
 receipt for each disbursement, except those made by check, shall be kept in 
 the probation office. 
 
 Whenever a probationer is permitted to make his payments directly to the 
 beneficiary, he shall be required, unless otherwise directed by the chief pro- 
 bation officer, to receive receipts in duplicate from the beneficiary, and to 
 deliver to the probation officer one such receipt for each such payment. The 
 probation officer supervising such probationer shall endeavor to verify whether 
 such payments have been made. 
 
24:0 Manual foe Peobation Officees. 
 
 The chief probation ofiSoer shall keep a list of all probationers required to 
 make payments, and shall keep accounts of all moneys received and disbursed, 
 in the loose-leaf ledgers and cash-books provided by the State Probation Com- 
 mission. The chief probation oflBcer shall make a monthly vrritten report of 
 all arrears to the judges requiring the probationers to make payments. The 
 judge may require any probation officer who collects considerable amounts 
 of money to give a bond. 
 
 The probation officers shall endeavor, so far as practicable, to have all 
 payments by probationers paid from their own earnings. If any probation 
 officer learns that the payments required of any probationer entail undue 
 financial hardship upon him or those dependent upon him, the probation 
 officer shall forthwith report the facts to the chief probation officer and the 
 judge. 
 
 Rule 17. Publicity. All probation officers shall avoid divulging any infor- 
 mation concerning their investigations or probation work which will tend 
 improperly to jeopardize the welfare of any child or adult defendant or pro- 
 bationer. No probation officer, except the chief probation officer, shall give 
 any information or make any statements to newspaper representatives con- 
 cerning defendants or probationers. 
 
 Rule 18. Miscellaneous. No probation officer or representative of the pro- 
 bation office shall write to, or concerning, any probationer on a postal card. 
 Whenever it is especially desirable to protect the reputation of any child or 
 adult defendant or probationer, correspondence from the probation office shall 
 be written on plain paper and be enclosed in an envelope which does not 
 indicate that it is sent by a probation officer. 
 
 So far as is possible without interfering with their own work, the probation 
 officers, when so directed by their chief probation officer, shall assist the 
 probation officers of other jurisdictions in investigating and supervising cases 
 for them. 
 
 Rule 19. Amendments. Any of these rules may at any time be amended, 
 repealed or temporarily suspended by the judge. 
 
APPENDIX F. 
 
 LITERATURE PUBLISHED BY THE STATE PROBATION 
 COMMISSION. 
 
 [241] 
 
LITERATURE PUBLISHED BY THE STATE PROBATION 
 COMMISSION.* 
 
 (Arranged in chronological order) 
 
 Annual Reports. 
 
 Eirst report of the State Probation Commission for the six 
 months ending Decemiber 31, 1907. (217 pages, 1908.) 
 
 Out of print. 
 Second annual report of the State Probation Commission for the 
 year ending December 31, 1908. (150 pages, 1909). 
 
 Out of print. 
 Third annual report of the State Probation Commission for the 
 year ending December 31, 1909. (216 pages, 1910). 
 
 Out of print. 
 Fourth annual report of the State Probation Commission for 
 the year ending December 31, 1910. (270 pages, 1911.) 
 
 Out of print. 
 Fifth annual report of the State Probation Commission for the 
 year ending December 31, 1911. (426 pages, 1912.) 
 
 Sixth annual report of the State Probation Commission for the 
 year ending Sempteber 30, 1912. (384 pages, 1913.) 
 
 Addresses, Leaflets and Pamphlets, Other Than Directories. 
 
 A study of Probation in Tonkers. (43 pages, 1907. Reprinted 
 in First Report.) Out of print. 
 
 Recommendations for a Chief Probation Officer in the Juvenile 
 Court of Rochester. (10 pages, 1908. Reprinted in Second 
 Report.) Out of print. 
 
 Catechism of Probation, by Dr. Charles F. McKenna. (8 
 pages. Adopted as a publication of the Commission in 1908.) 
 
 Out of print. 
 
 Forms for Juvenile and Adult Probation with Suggestions as 
 to their Use. (27 pages, 1908.) Superseded. 
 
 * See also Mamial, § 112. 
 
244 Manual foe Peobatioit Officees. 
 
 Illustrative Cases of Probation. Taken from the Annual Re- 
 port of the State Probation Commission for 1908. (4 pages, 
 1909.) 
 
 Advantages of Probation. (16 pages, 1909.) 
 
 County Probation Officers. (12 pages, 1909. Latest revised 
 edition, December, 1912.) 
 
 Probation or Jail. (4 pages, 1909.) 
 
 What Probation Does; The Story of John. (4 pages, 1909.) 
 
 The Prosecution of Parents for the Delinquencies of Their 
 Children, by Frank E. Wade. (Address at the 36th National 
 Conference of Charities and Correction, 12 pages, 190'9.) 
 
 Probation. An address by Edwin Mulready, Deputy Commis- 
 sioner of the Massachusetts State Probation Commission. (Ad- 
 dress at the Conference of Probation Officers held by the New 
 York State Probation Commission, Albany, ISTovember 16,' 1909, 
 8 pages, 1910.) 
 
 The Possible Co-ordination of the Correctional Institutions of 
 the State of New York, by Dr. O. F. Lewis, Corresponding Secre- 
 tary of the Prison Association of New York. (1909.) (Address 
 at the iState Conference of Charities and Correction, Albany, 
 November 18, 1909, IT pages.) 
 
 Proceedings of the First Conference of City Mgaistrates held 
 by the New York State Probation Commission, Albany, Decem- 
 ber 10 and 11, 1909. (Y5 pages, 1910. Eeprinted in Third 
 Annual Report.) 
 
 Recommendations of the State Probation Commission to the 
 Judges of the Court of General Sessions of New York County. 
 (10 pages, 1910. Reprinted in Fourth Annual Report.) 
 
 Recommendations of the State Probation Commission Concern- 
 ing a Juvenile Detention Home and a Woman Probation Officer 
 in Syracuse. (11 pages. Reprinted in Fifth Annual Report.) 
 
 The Treatment of Delinquents Before and After the Institu- 
 tion. (Address by Arthur W. Towne, at the New York State 
 Conference of Charities and Correction at Watertown, October 
 19, 1911, 6 pages, 1911.) 
 
 Out of print. 
 
Manual foe Peobation Officeks. 245 
 
 The Treatmemt of Young Misdemeanants. (Address by Frank 
 E. Wade, at the New York State Conference of Magistrates, 
 Albany, December 8, 19ll, 8 pages. Reprinted in the 1912 re- 
 ports of the Prison Commission and of the Prison Association. ) 
 
 Probation Rules of the City Court of Buffalo. (29 pages, 1911. 
 Reprinted in Fifth Annual Report.) 
 
 Probation Rules of the Children's Co'urt of Buffalo. (17 pages, 
 1912. Reprinted in Fifth Annual Report.) 
 
 Probation in Cases of Children. An address by Justice Morgan 
 M. L. Ryan of the Children's Courts, New York City, before the 
 Fourth Conference of the ISTew York State Association of Magis- 
 trates. (7 pages, 1912. Reprinted in Sixth Annual Report.) 
 
 Probation Results in Syracuse. Extracts from a Report by 
 the Secretary. (7 pages, 1912.) 
 
 The Physical Basis for Irritability in Boys — The Beginning 
 of Juvenile Delinquency, by Dr. John Adams CoUiver, Medical 
 Probation Officer, Juvenile Court, Los Angeles, Cal. (12 pages, 
 1913.) 
 
APPENDIX G. 
 
 SAMPLE SET OF QUESTIONS USED IN WRITTEN EXAMINA- 
 TION FOE PROBATION OFFICER. 
 
 [247] 
 
SAMPLE SET OF QUESTIONS USED IN A WRITTEN EXAMINA- 
 TION FOR PROBATION OFFICER.* 
 
 1. State in your own language (a) the nature, objects and 
 advantages of probation; (b) the classes of persons for whom 
 probation is especially suitable. 
 
 2. What are the powers and duties of probation officers ? 
 
 3. Assume that a thirteen year-old boy, arrested for playing 
 baseball on private grounds is transferred by the court to your 
 probationary care, after being on probation for one month under 
 a volunteer probation ofBcer who reported to the court that the 
 (boy failed to report to him promptly as he required and who 
 made other criticisms of his conduct ; assume that the boy lives in 
 a three room apartment in a congested district; that his father, 
 a painter who shows some signs of lead poisoning, is fretful and 
 has lately been drinking to excess; that the father occasionally 
 sends the boy to a neighboring saloon for beer; that the mother, 
 who has two other children, is a good housekeeper and fond of 
 her children; that the boy is bright in school, peddles papers, is 
 a leader among his boy companions, but is inclined to be 
 impudent. State what steps you would take after receiving the 
 boy on probation and how long you would wish to keep the boy 
 on probation. 
 
 4. Enumerate or discuss some of the chief causes of (a) 
 truancy; (b) petty thieving among boys; (o) public intoxication 
 among men ; (d) failure of husbands to support their families. 
 
 5. (a) What are the purposes of the preliminary investigations 
 made by probation officers before defendants are placed on pro- 
 probation or their cases are otherwise disposed of by the court? 
 (b) Assume that in investigating the case of a yoimg man, con- 
 victed of stealing and pawning an overcoat which belonged to a 
 commercial traveler, you receive a report from an anonymous 
 source that the defendant has been arrested before, and you also 
 receive a telephone call from a well-known citizen who states 
 
 'Used in Syracuse, November 5, 1910. 
 
 [249] 
 
250 Manual foe Peobation Officees. 
 
 that he has known him very favorably for several years; assume 
 further, that the defendant has a comfortable home and good 
 parents ; that he had been unemployed for about one month ; that 
 he has been engaged to be married for two years; that he has 
 indications of tuberculosis. After assuming any supplementary 
 facts you may desire, state what inquiries you would make; and 
 whether in your judgment the young man should be placed on 
 probation, and if not, what disposition by the court you would 
 consider desirable. Give the reasons for your conclusion. 
 
 6. (a) By whom are probation officers appointed; (b) what 
 qualifications should probation officers possess; (o) discuss the 
 advantages and disadvantages of using volunteer probation 
 officers. 
 
 7. (a) Why should probation officers keep records and make 
 reports; state the principal facts which their records and reports 
 should show; (e) what records, accounts, statistics and informa- 
 tion should be kept by the chief probation officer, which other 
 probation officers are not expected to keep ? 
 
 8. Assume that a fourteen year-old girl, living in a lodging 
 house for inen where her mother is employed as a cook, is con- 
 victed of stealing a mask on Hallowe'en Day ; that the father who 
 died last year left the mother $1,000 insurance; that the girl is 
 large of her age and goes a great deal with a girl sixteen years 
 old; that she has frequent headaches, especially after reading; 
 that she is fond of music; and that her mother declares her to be 
 untruthful. State (a) whether in your judgment the girl should 
 be placed on probation, and the reasons for your answer; (b) 
 Were she to be placed on probation, what sort of a person would 
 make the best probation officer; and (c) what probationary treat- 
 ment would you suggest? 
 
 9. Assume that an unmarried foreigner, 27 years of age, who 
 has lived in the United States less than one year and who speaks 
 very little English, is convicted of peddling without a license 
 and being abusive to a policeman, and is placed under your pro- 
 fbationary care for not less than six months; that in his native 
 country he was a gardener and florist; that he has been unem- 
 ployed much of the time lately, and has borrowed money from 
 
Manual foe Peobation Officees. 251 
 
 one of the two fellow countrymen with whom he lives in a single 
 room ; that a few hours after being placed on probation he strikes 
 a boy for ridiculing his appearance. State what you would aim 
 to accomplish, and what means you would use. 
 
 10. Were you to be appointed chief probation oflBcer, how 
 would you expect to develop and strengthen the probation work 
 in your city? 
 
INDEX. 
 
 A. PAGE 
 
 Absconders : 
 
 extension of probationary period in cases of 48 
 
 extradition of 48 
 
 Accounts, financial 63, 109 
 
 Accounts of probation oflBcers' expenses 112 
 
 Accounts of relief 113 
 
 Addresses of probation officers, changes in 130 
 
 Adult contributory delinquency: 
 
 powers in cases of 66 
 
 probation in cases of 46 
 
 Aid by probation officers 41 
 
 Appeals by probationers 52 
 
 Appointment of probation officers 23, 113 
 
 B. 
 
 Bench warrant 48 
 
 Bonds for probation officers 31 
 
 Buffalo Court rules 227 
 
 C. 
 
 Case history of probation 217 
 
 Chief probation officers 31 
 
 Citations of probation laws 19, 21 
 
 Civil service, examinations for probation officers 26, 247 
 
 Commitment 49 
 
 Compensation of probation officers 23 
 
 Conditions of probationers 42, 60 
 
 Conduct and condition of probationers 60', 61 
 
 Conferences of magistrates 127 
 
 Conferences of probation officers 127 
 
 Co-operation among probation officers 130 
 
 County probation officers 29 
 
 Court procedure and practice 33 
 
 Court records 69 
 
 Court : 
 
 reports to 62 
 
 surrender to 48 
 
 Criminal and children's courts in New York State { system of 209 
 
 r>. 
 
 Defendants, placing, on probation 39 
 
 Definitions of terms dealing with probation 10 
 
 Detailed probation officers , 28 
 
 [253] 
 
254 Index. 
 
 PAGE 
 
 Development of probation in New York State 119 
 
 Discharge of probationers 50 
 
 Duties of probation officers 58, 63, 64 
 
 E. 
 
 Examination for probation officers, civil service 26, 247 
 
 Execution of sentence, suspension of 37 
 
 Expenses of probation officers 29, 112 
 
 Extension of probationary period in cases of absconders 48 
 
 Extradition of absconders 48 
 
 F. 
 
 Family support, payments for 46 
 
 Filing and indexing system 106 
 
 Financial accounts 63 
 
 Fines, payment of, by probationers 44 
 
 Forms : 
 
 directions concerning use of , 71 
 
 directions for ordering 108 
 
 supplied by commission 70 
 
 H. 
 
 History of State investigation of supervision 121 
 
 I. 
 
 Imposition of sentence, suspension of 37 
 
 Indexing and filing system 106 
 
 Informal probation 53 
 
 International Prison Congress, resolutions adopted by 130 
 
 Investigations, preliminary 35, 59 
 
 J. 
 Jurisdiction of probation officers 29, 57 
 
 L. 
 
 Laws on probation: 
 
 analysis and explanation of 23 
 
 citations of 19, 21 
 
 text of 133 
 
 Literature on probation 128, 241 
 
 M. 
 
 Magistrates, conferences of 127 
 
 Magistrate, reports to 62 
 
 Modification of probationary period and conditions 43 
 
Index. 255 
 
 N. PAGE 
 
 Neglected children, supervision of 129 
 
 Newspaper publicity 129 
 
 Non-compliance with probationary conditions 47 
 
 Non-support, payments in cases of 46 
 
 0. 
 
 Oath of office 27, 57 
 
 Office quarters and equipment of probation officers 128 
 
 Office: 
 
 removal from 28 
 
 tenure of 28 
 
 Oversight of persons paroled from institutions 63 
 
 P. 
 
 Parole from institutions 53 
 
 Period of probation 41 
 
 Persons paroled from institutions, oversight of 63 
 
 Placing defendants on probation 39 
 
 Powers in cases of adult contributory delinquency 66 
 
 Preliminary investigations by probation officers 35, 59 
 
 Probation : 
 
 court procedure and practice concerning 33 
 
 development of, in New York State 119 
 
 in cases of adult contributory delinquency 46 
 
 informal and unofficial 53 
 
 revocation of 49 
 
 statistics of 187 
 
 Probation Commission, members of 1 
 
 Probation laws : 
 
 analysis and explanation of .... 23 
 
 citations of 19, 21 
 
 text of 133 
 
 Probation officers: 
 
 addresses of, changes in 130 
 
 appointment and compensation of 23 
 
 conferences of 127 
 
 co-operation among 130 
 
 examination for, questions used in 247 
 
 reports to State Probation Commission 113, 116 
 
 Probationary conditions 42, 60 
 
 Probationary conditions, violations of 47 
 
 Probationary period 41, 60 
 
 Probationary period, in cases of absconders 48 
 
 Probationary period and conditions, modification of 43 
 
 Probationary treatment, persons eligible and suitable for 36 
 
 Probationers : 
 
 appeals by 52 
 
 discharge of 50 
 
256 Index. 
 
 Probationers — Continued : page 
 
 power of arresting 65 
 
 power of requiring reports from 65 
 
 power of visiting 65 
 
 rearrest of 48 
 
 transfer of 50, 51 
 
 Publicity, newspaper 129 
 
 Questions used in written examination for probation ofiScers 247 
 
 R. 
 
 Rearrest of probationers 48 
 
 Receipts 63 
 
 Records, court 69 
 
 Records of work 62, 70 
 
 Release on parole from institution under probation officer 53 
 
 Relief, accounts of 113 
 
 Removal of probation officer from office 28 
 
 Removal of probation officer 113 
 
 Reparation by probationers 45 
 
 Reports : 
 
 to court 62, 70 
 
 to State Probation Commission 63, 113, 116 
 
 Resolutions on probation adopted by Prison Congress 130 
 
 Restitution by prcVbationers 45 
 
 Return and surrender to court of probationer 48 
 
 Resignations by probation officers 113 
 
 Revocation of probation 49 
 
 Rules of Buffalo Children's and City Courts 227 
 
 S. 
 
 Salaried probation officers 28 
 
 Sentence : 
 
 suspension of execution of 37 
 
 suspension of imposition of 37 
 
 State investigation and supervision, history of 121 
 
 State Probation Commission: 
 
 duties and powers of 121 
 
 law 121 
 
 members of 1 
 
 methods of work 122 
 
 organization and employees of 121 
 
 reports to 63, 113, 116 
 
 Statistical tables on probation 187 
 
 Statistics of probation 116 
 
 Statutory duties of probation officers 58 
 
IlTDEX. 257 
 
 PAGE 
 
 Supervision by probation officers 41 
 
 Supervision of neglected children 129 
 
 Support of wife and children by probationers 46 
 
 Surrender to court of probationer 48 
 
 T. 
 
 Tenure of office 28 
 
 Transfer of probationer 50, 51 
 
 U. 
 
 Unofficial probation 53 
 
 V. 
 
 Violations of probationary conditions 47 
 
 Volunteer probation officers 29 
 
 W. 
 
 Warrant, bench 48 
 
 Women probation officers 31 
 
 Work, records of 62 
 
 Work of Commission, methods of 122 
 
 9 
 
MEMORANDA. 
 
MEMORANDA. 
 
CAIENDAR. 
 
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 28 
 
 29 
 
 30 
 
 
 
 
 
 
 
 31 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 5 
 
 
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 11 
 
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 13 
 
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 1112 
 
 6 
 
 7 
 
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 12 
 
 14 
 
 15 
 
 16 
 
 17 
 
 18 
 
 19 
 
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 16 
 
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 27 
 
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