of a Society for the Prevention of Cruelty to Children or Humane Society, or of an incorporated charitable or benevolent institution, society, or association, or private citizens; that the probation officer or officers so appointed in a county not containing a city of the first or second class shall act as such for all parts of the county, and for all courts within the county.

9. That as to those portions of counties containing a city of the first or second class, outside the limits of such cities, the county judge shall be authorized to appoint one or more probation officers therefor, and the members of the board of supervisors outside of the limits of such city shall be authorized, in their discretion, to provide a salary for one or more of such probation officers and to fix the amount or amounts thereof; and that probation officers so appointed shall act as such for all probationers residing in such counties outside the limits of such cities.

10. That in releasing an offender on probation the court shall not be required to determine the terms and conditions under which such offender is released, but shall be permitted to do so.

11. That whenever an offender is released under a suspended sentence, he shall be placed under the supervision of a probation officer.

12. That the minimum term of probationary oversight of children, unless sooner terminated by reason of misbehavior, shall be three months.

13. That the minimum term of probationary oversight of adults, unless sooner terminated by reason of misconduct, shall be three months, except in the case of felonies, in which cases the minimum term of probationary oversight shall be one year.

14. That the word "custody," used in the existing statutes in

relation to the power of probation officers concerning probationers under their charge, be eliminated, and the word "supervision" be substituted therefor.

15. That whenever a person under probation shall remove to another city or county within the State, the probation officer under whose supervision he was placed shall report the facts to the State Board of Charities; and that the State Board of Charities shall thereupon report the facts to the appropriate probation officer of the city or county to which the probationer has removed, and that the said probation officer so informed shall thereupon exercise supervision over such probationer during the remainder of the term for which he was placed on probation.

16. That whenever a person is discharged from probation there shall be entered in the record of the court a statement as to whether such person observed the terms and conditions of his release and as to his general conduct during such term of probation.

17. That the State Board of Charities shall be charged with the general supervision of probation work throughout the State, being given authority to collect statistics in relation thereto, to require reports from probation commissions and from probation officers, to conduct investigations into the work of any such Commission or officer, to submit recommendations from time to time to the Legislature concerning probation work, such supervision to be exercised by that Board through a bureau to be created for that purpose; that all municipal probation commissions shall, within five days after each meeting, send a copy of the minutes thereof to the State Board of Charities, and such other reports from time to time as the State Board of Charities may require.

18. That in the conduct of competitive examinations for probation officers, persons having extended knowledge of the principles and actual operations of probation work be secured as assistants in the framing of questions and the rating of replies of candidates; that such examinations shall be, in part at least, oral, and shall take into account the personal characteristics of the candidates.

19. That reasonable efforts shall be made by competitive examinations of the character above described, to provide suitable eligible lists from which there may be appointed as salaried probation officers persons well qualified for probation work.

20. That if after reasonable effort has been made to select probation officers by a competitive examination on the plan above described, it shall be found that the eligible lists resulting from such examinations do not make possible the appointment of persons well qualified for probation work, the position of probation officer be placed in the exempt class, appointments to that posi tion to be made subject to the approval of the State Board of Charities.

21. That legislation be enacted enabling the city of New York to pay the salaries of probation officers who have regularly served as such in the magistrates' courts of the city of New York from on or about April 1, 1905, till such time as appointments made on the plan above set forth shall have been made, but not later than September 1, 1906, and also enabling the said city to pay the salaries of probation officers regularly serving as such in the courts of special sessions of the city of New York from January 1, 1906, until such time as the appointment of probation officers for such courts shall have been made on the plan above set forth, but not later than September 1, 1906

22. That no member of a police force shall be employed as a

probation officer.

The above recommendations, in so far as they may be appro

priately carried into effect by legislation, are embodied in bills transmitted herewith.*

All of which is respectfully submitted.

HOMER FOLKS, Chairman.

FREDERIC ALMY,

SAMUEL J. BARROWS,

HOWARD S. GANS,

DENNIS MCCARTHY,

CHAS. F. MCKENNA,

MARCUS STINE,

LAWRENCE VEILLER.

We concur, except that we favor State supervision, oversight,

and control by a separate unsalaried State Board of Probation.

*See Appendix A.

p. 93.

CAROLINE MCPHAIL BERGEN,

ROGER P. CLARK,

HOWARD R. BAYNE,

FRANCES A. KELLOR,

JANE L. ARMSTRONG,

ALICE L. WOODBRIDGE.

APPENDIX A.

Legislation Recommended by the Probation Commission.

Including:

1. Proposed general probation law, p. 94.

2. Proposed amendment to Greater New York Charter, p. 110.

3. Proposed amendment to Penal Code, p. 113.

4. Proposed amendment to Greater New York Charter, p. 114.

5. Proposed amendments to Code of Criminal Procedure, p. 115.

6.

Proposed amendment to the Charter of Buffalo, p. 119.

7. Proposed legislation authorizing payment of back salaries, p. 120.