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

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

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

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

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

LOCAL LAWS.

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

child placed in the care of a probation officer for a period not to exceed three months, and on such conditions as might seem proper. When practicable, the children were to be placed with probation officers of the same religious faith as the child's parents.

Section 707 of the charter of the city of New York as revised in 1901, authorized the placing upon probation of persons convicted of public intoxication or disorderly conduct, for a period not exceeding six months, and also authorized the Court of Special Sessions and the board of city magistrates in each division of the city, to appoint probation officers, assign them to the vari ous courts, and define the duties of such probation officers.

The reference to the Court of Special Sessions in this section was omitted in a revision of this section in 1905 as unnecessary.

Neither the original law providing for a children's court in the city of New York, enacted in 1901, nor the later statute enacted in 1902, under which the children's court was actually organized, contain any reference to the subject of probation. The law under which the juvenile court of Brooklyn was organized, chapter 159, Laws of 1903, provided that the presiding justice of the children's court should have authority to appoint " not more than three discreet persons of good character to serve as probation officers during the pleasure of the court." It further provided that the duties of these probation officers shall be "to make such investigation as may be required by the court; to be present in court in order to represent the interests of the child when the case is heard; to furnish to the court such information and assistance as he may require, and to take charge of any child before and after trial, as may be directed by the court."

The law providing for the establishment of a juvenile court in Rochester, chapter 543, Laws of 1905, provides that the commissioner of public safety may appoint such number of probation

officers, at a salary fixed by the board of estimate and apportionment, as the said board may prescribe, one or more of whom, if so determined by the said board, may be women. The police justice may also appoint additional probation officers to serve without compensation.

STATUTES RELATING TO INDIVIDUALS.

Several statutes have been passed for the purpose of authorizing the payment of salaries to individual probation officers appointed by the Court of Special Sessions in Manhattan; and also for such appointment by the member of the board of city magistrates who did not desire the detail of a police officer for this purpose. Each of these statutes named the individual whose appointment was authorized, and became practically obsolete upon the separation of that individual from the service.

THE PRESENT CONDITIONS OF PROBATION WORK IN NEW YORK.

While chapter 372, Laws of 1901, has provided that justices of courts having original jurisdiction of criminal actions "shall " appoint probation officers, it has been carried into effect in but few of the courts.

As all of this work is of recent establishment and is comparatively little known, it seems best to state somewhat fully the existing practices in different parts of the State before considering their merits and deficiencies. The present administration of probation work in the different parts of this State may be summarized as follows:

(a) Probation for Adults.

In the magistrates' courts, boroughs of Manhattan and the Bronx, two probation officers have been provided in each court,

a police officer for male offenders, and a female probation officer for women. The police probation officers are regular members of the police force of the city of New York, usually patrolmen, detailed to do probation work by the commissioner of police, at the request of the board of city magistrates. The police offi cer is the personal choice of a magistrate and accompanies him as the magistrate serves in succession in the different courts. Ordinarily the term of service at a given court is two weeks. During his term of service the magistrate sits each day in the week, including Sunday. As a rule the magistrate is relieved from court attendance for a period of from ten to fifteen days each month. During this time the police probation officer does not attend court, but is expected to visit persons under his probationary care, or to perform such other probation work as may be assigned to him by the magistrate. As the magistrate serves in turn in the eight different magistrates courts in the boroughs of Manhattan and the Bronx, and as the police probation officer follows his magistrate, he has or may have, in course of time, probationers under his care from all parts of the city.

One magistrate, Hon. Joseph Pool, has declined to apply for the detail of a police officer and has a civilian performing such service.

The magistrates, fourteen in number (one has been incapaci tated for some time), differ greatly as to the number of persons placed by them on probation, as to the class of offenders selected for probationary oversight, and as to the length of the proba tionary term.

Female probation officers in the magistrates' courts in the boroughs of Manhattan and the Bronx were originally selected by the individual magistrates, and were, as a rule, persons pre

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