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the state are hereby transferred to the care and custody of said state probation officer, who shall have the same power and authority as if the probationer had been committed to his custody, and the records, warrants, documents and files of said probation officers and of the commission on probation shall be a part of the records and files of said board, and said secretary shall be a certifying officer for the purpose of certifying to copies of all of the records and files in his custody.
Sec. 7294. Same; paroled prisoners. Said state probation officer shall have supervision of all persons placed on parole by the governor and shall, when requested by the governor, investigate and report upon applications for pardon or parole.
Sec. 7295. Same; under direction of supreme court. Said state probation officer shall, at the request of the justices of the supreme court, investigate as to any person against whom a prosecution is pending in that court and make report thereon to the court, and upon the order of such court he shall take on probation any person sentenced therein.
Sec. 7296. Same; as to records, Said state probation officer shall keep a full record of all cases placed in his care, and of all other duties performed by him under this chapter in such form as shall be prescribed by the board of charities and probation.
Sec. 7297. Same; as to certain moneys; fees. Said probation of ficer shall keep an accurate account in a book kept for that purpose of all moneys coming into his hands under the provisions of section seven thousand two hundred and fifty-nine and of all payments or disbursements made by him under the provisions of such section, and shall be entitled to deduct from such sums as he receives a minimum fee of one dollar in each case, and not more than one per cent on all sums over one hundred dollars, and said probation officer shall pay over or apply such moneys due said prisoner in such way and manner as in his judgment shall be best, or deposit such part of the same in a savings bank in this state at interest in his name for the benefit of said prisoner.
Sec. 7298. Appointment; compensation; expenses. Said board may, with the approval of the governor, appoint and remove at pleasure deputy probation officers, both male and female. Such deputy probation officers shall be under the supervision and control of the state probatiori officer and shall receive such compensation as shall be fixed by said board, with the approval of the board of control, and such compensation together with the necessary expenses of such officers in the discharge of their official duties shall be paid by the state on vouchers approved by the board of charities and probation.
Probation of Prisoners. Sec. 7299. Duties of state probation officer. Said state probation officer, when directed so to do by any court in the state, before which a person is being prosecuted for a crime, shall inquire into the circumstances of the particular case, and the character and previous record of the accused, and may recommend that such person, if convicted, be placed on probation. Such court shall pass sentence on the accused, if he is convicted, and may then suspend all or part of such sentence, and place the person so convicted and sentenced in the care and custody of the state probation officer upon such conditions and for such time as it may prescribe, or until further order of court, provided that a court shall not have authority to admit a person to probation unless such court has jurisdiction to try the accused for the crime charged and determine his guilt or innocence upon a plea of not guilty.
Sec. 7300. Modifying conditions of probation. The court placing a person on probation may in its discretion, at any time during the term of probation, enlarge, alter or amend its conditions, or extend the term thereof, or discharge such person from the care and custody of the state probation officer.
Sec. 7301. Respondent fined; duties of probation officer. Upon conviction of a crime for the commission of which a fine may be imposed, the court may suspend the collection of all or any part of such fine and the costs for such time as it deems best and commit the respondent to the care and custody of the state probation officer until the fine imposed, and the costs, if any, are fully paid and until such other conditions as may be prescribed by the court are fully performed; and in such case the fine and costs shall be collected by said state probation officer in accordance with the order of court, and paid over to the county clerk, unless the sentence shall have been imposed by a municipal or city court, in which case they shall be paid to the judge of such court, and said state probation officer shall account for all moneys so collected by him.
Sec. 7302. State probation officer has authority of police officer. Said state probation officer shall, in the execution of his duties, have all the powers of a police officer, and the authority, rights and powers over and in relation to each probationer in his care and custody which he would have if he were surety upon the recognizance of such probationer, and such authority, rights and powers shall extend to and be vested in said state probation officer for the time being, over and in relation to all cases pending in his charge during his term of office, whether such probationers were originally committed to his charge or to that of a predecessor in office.
Sec. 7303. Probation warrant. Whenever a person is placed in charge of the state probation officer the court shall furnish said probation officer with a warrant signed by the proper officer of the court, setting forth the name of the probationer, the nature of the crime of which he was convicted, the date and place of trial and sentence, the sentence imposed, the order of court committing him to the charge of said state probation officer and the conditions of his release, and such warrant shall be full authority for the exercise by said probation officer of all the rights and powers over and in relation to the probationer prescribed by law and the order of court, and shall be a sufficient warrant for the apprehension and detention of the probationer by said probation officer, or by any officer acting under his direction at any time or place.
Sec. 7304. Expenses in behalf of probationer; payment. When a person has been placed on probation, the court may authorize and direct said state probation officer to expend for such person's temporary support or traveling expenses, or for both such purposes, such reasonable sum as the court may deem expedient, and money so expended by said probation officer shall be repaid him on vouchers approved by such court, by an order drawn by the auditor of accounts. The amount so authorized to be expended shall be entered on the docket of the clerk or records of the judge or justice and made a part of the records of such cause.
Violations of Probation.
Sec. 7305. Probationer furnished statement of conditions of probation; proceedings on violation; recommitment. Each probationer placed in the custody of the state probation officer shall be furnished by said officer with a written or printed statement of the terms and conditions of his probation and shall be required to assent thereto in writing before his release. Each probationer shall make a monthly report to said probation officer of his whereabouts and present employment and give such other information as said officer may require, and upon neglect or failure so to do, or whenever said officer believes that the probationer has violated any of the terms or conditions of his probation, said officer shall forthwith bring the probationer, or cause him to be brought, before the court wherein he was convicted, or, if the county court, and the same is not then in session, before a majority of the judges of such court, and such court or judges shall inquire summarily into the conduct of the probationer subsequent to his release on probation; and if such court or judges are satisfied that the probationer has violated any of the conditions of his probation, said court or judges may order him committed on his original sentence and a mittimus shall thereupon be issued for the execution thereof. If upon such inquiry said court or judges determine that the interests of justice do not require the commitment of the probationer on his original sentence, said court or judges may recommit him to the custody of said probation officer upon the original conditions, or under such amended or additional conditions as they may see fit to impose. When a probationer who has paid a portion of the fine and costs as provided in the fourth preceding section, is committed for a violation of the conditions of his probation, the amount so paid shall be stated in the mittimus and shall be taken into account in determining the expiration of the alternative sentence the same as though paid after commitment.
Sec. 7306. Proceedings to recommit; warrant; arrest. To bring a probationer before the court or judges as provided in the preceding section, said state probation officer may personally apprehend the probationer, or cause him to be apprehended on the original warrant issued under the provisions of the third preceding section, or he may make complaint in writing to the court, or, if to the county court and the same is not then in session, to the clerk thereof, setting forth that the probationer has failed to report to said probation officer as required by law, or that he believes that the probationer has violated the conditions of his probation, and said court, or clerk, shall thereupon issue a warrant directed to any sheriff or constable in the state setting forth such complaint and ordering that the probationer shall be apprehended and brought before such court or judges to be dealt with as provided by law, and such warrant shall be authority for the arrest and detention of such probationer by any officer competent to serve the same, until the case shall have been inquired into and disposed of as provided in the preceding section.
SEC. 7307.* Authority of county court, justice out of office, etc. When a person has been placed on probation by a justice of the peace and during the term of the probation such justice is removed from office by death, resignation or otherwise, any judge of the county court for that county, or any superior judge, shall have jurisdiction to take such action in the premises as such justice could have done had he remained in office.
General Duties and Authority of Board.
SEC. 7308. As to homes for children. The board of charities and probation shall take means to find suitable homes for all children which are taken under its care as soon as may be practicable. In the case of children needing immediate relief the board shall arrange for temporary care in suitable homes which have been investigated and are approved by the board and such, homes shall be paid a reasonable amount for care and maintenance. So far as possible children shall be placed in foster homes in which they shall be kept without charge. If it is not found possible to obtain a sufficient number of such foster homes, they may be placed in suitable private homes at a reasonable expense for board and maintenance. In the case of a child for whom a home cannot be found, as above provided, then such child may be placed in any institution incorporated for receiving dependent or neglected children, and such child's board shall be paid to such institution.
Sec. 7309. Same; visitation. It shall be the duty of said board to cause such child who is placed in accordance with the foregoing provisions, to be visited at least twice each year by the authorized agent of the board, who shall report upon the care, training and condition of the child to the board. If, for any reason the home in which the child is placed does not prove to be a suitable and proper place for such child, the board may cancel its agreement with such home and take the child under its care for placement in another home or in an institution.
Sec. 7310. Medical and surgical treatment. If a child adjudged to be dependent or neglected or delinquent requires medical or surgical treatment such child may be sent by the board to some hospital, institution or home for such treatment.
Sec. 7311. As to dependent, neglected or delinquent children. The board shall have supervision and control of such dependent, neglected and delinquent children as it may take under its care and such as shall be committed to it by the juvenile courts, shall receive and disburse all funds which shall be given to it for charitable purposes, and shall aid and assist in such charitable work as in its judgment will best promote the general good of the state. It shall investigate and make report to the *See also Chap. 319 as to dependent, neglected and delinquent children.
governor as to all public charities. It shall in each even year make a report to the governor of its acts.
Sec. 7312. As to child of a widowed or deserted mother. If upon investigation of the case of a child of a widowed or deserted mother, it is found that the child can remain with such mother only if such widowed or deserted mother is aided in its care, and if it appears that it is desirable that the family be maintained and that the mother is a proper person to have the care of such child and that it would be for the benefit of such child that it should remain with the mother, then the board may pay a limited amount to the mother, not to exceed two dollars
per week, for the maintenance of such child, half of the same to be paid by the town and half by the board.
Sec. 7313. Power of visitation, generally. The board shall have power of visitation in and over all institutions chartered by the state for the care of dependent classes which solicit public support for their work.
Duties of Overseers of the Poor.
Sec. 7314. Reports to board. The overseer of the poor in each town shall report to the board of charities and probation all cases of dependent, neglected or delinquent children.
Sec. 7315. Keeping dependent or delinquent child in poorhouse; restriction. It shall be unlawful to keep any dependent child in any poorhouse, except an infant or young child with its mother and except in cases of emergency, and for a period not to exceed ninety days.
Sec. 7316. As to petition for commitment to school for feebleminded. Each member of said board and the secretary shall have the same authority to make application to a probate court for an order of commitment of a child to the Vermont state school for feeble-minded children as is given to the selectmen of a town by section one thousand four hundred and thirty-one.
Sec. 7317. As to poorhouses. It shall be the duty of the board to investigate the administration and condition of the poorhouses of the state. If any poorhouse is found deficient in the care of its inmates, or if the buildings, equipment or appliances are insanitary, defective or improper, the board shall report and recommend such changes as it deems best for the correction of such deficiency or condition to the selectmen. The board may also request the cooperation of the state board of health when necessary or advisable. If, upon investigation of the poorhouses of certain towns or of a county, it appears to the board that it will be for the benefit of the inmates of such poorhouses and will promote their welfare and enable proper separation into groups to be made to organize a poorhouse association under the provisions of chapter one hundred and eighty-four, then the board may call a meeting of the selectmen of such towns and present to them the facts and their recommendations. The selectmen of the several towns shall thereupon present the matter at the next town meeting for action in accordance with the provisions of such chapter.
Sec. 7318. As to receiving trust funds. Said board may receive in trust and invest and expend in accordance with the provisions of such