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 position 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.

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.

AN ACT.

In relation to probation in the state of New York, constituting chapter fifty-two of the general laws.

AN ACT in relation to probation in the state of New York, constituting chapter fifty-two of the general laws.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Short title; chapter fifty-two; the probation law.This chapter shall be known as the probation law.

§ 2. Definitions and meaning of terms in this chapter.

1. The term "state board means the state board of charities. 2. The term "municipal commission" means the municipal probation commission of a city.

3. The term " probationer " means the person who has been placed under the supervision of a probation officer.

4. The term "adult means any person of the age of sixteen years and over, and the term "juvenile" means any person under the age of sixteen years.

5. The term "court" includes a judge or magistrate of any court of the state having criminal jurisdiction.

§ 3. Supervision by state board of charities.-The state board of charities shall exercise a general supervision over the probation system and probation work throughout the state, and endeavor to secure uniformity in the operation of such system. It shall investigate the proceedings of all municipal commissions and of probation officers, and inquire into their conduct and efficiency.