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. It shall see to the enforcement of the probation law by resorting to appropriate remedies therefor, and to proceedings for the punishment of those who violate its provisions; and shall make investigations from time to time concerning probation methods throughout the state looking to the improvement and development of the probation system; and shall make and enforce suitable rules and regulations carrying into effect the powers conferred upon it by the provisions of this act. It shall preserve the records of its investigations and official actions, collect statistical information as to the probation system, and include in its annual report to the legislature a statement showing its proceedings under this act and the practical effect thereof, with any suggestions or recommendations it may approve for the more effectual accomplishment of the general purposes of this act. Said board in the discharge of its duties shall have access to all public offices and records in the state, or any civil division thereof, at all reasonable hours. It shall have power to subpoena and require the attendance in this state of witnesses, and the production of books and papers pertinent to the investigation and supervision hereby authorized, and to examine them in relation to any matter which it is empowered to investigate; and for such purposes it shall possess all powers conferred by legislative law on a committee of the legislature or by the code of civil procedure upon a board or committee, and may invoke the power of any court of record in the state to compel the attendance and testifying of witnesses, and the production of books and papers as aforesaid. All such witnesses shall be entitled to the same fees as are paid witnesses in courts of record; such fees need not be prepaid, however, but the state comptroller shall draw his warrant for the payment of the amount thereof when the same shall have been certified to him by the president of said board, and duly proved by affidavit to the satisfaction of the comptroller. § 4. The state board shall establish a special department, to be known as the department of probation, which department, under the direction of the board, shall attend to the work devolved upon the board pursuant to the provisions of this act. The said board shall employ a chief executive officer of the said department, who shall be known as the superintendent of probation, and who shall receive a salary at the rate of not less than three thousand dollars a year; a stenographer and such other employees as may be necessary in the conduct of the business of such department. The duties of such executive officer and other employees shall be designated by said board. The said board shall provide for the necessary and reasonable traveling expenses of the members of said department and of the employees thereof. Such salaries and expenses shall be paid by the treasurer on the warrant of the comptroller. § 5. Rooms and accommodations for investigations.-It shall be the duty of the proper board of officers of the state of New York, or of any civil division thereof, at any place where investigations are directed by the state board to be held, to allow the reasonable use of public buildings under their control, and to heat and light the same for holding such investigations, and in all proper ways to facilitate the same. § 6. Municipal commissions.-The mayor of each city of the first and second class shall appoint, within thirty days after the passage of this act, a commission to be known as the municipal probation commission of that city, to serve without salary or compensation of any kind. The terms of office of each member of such commission shall expire on the thirty-first of December. Except in the city of New York, such commission shall consist of five members, and the terms for which they shall be appointed shall be respectively one, two, three, four and five years, to be fixed by the mayor at the time of appointment, and, as the terms of the commissioners first appointed expire, their successors shall be appointed within thirty days thereafter by the mayor for a term of five years each. All vacancies occurring from whatsoever cause shall be filled as soon as practicable thereafter by the mayor for the unexpired term. § 7. In the city of New York the commission shall consist of seven members, and the terms for which they shall be appointed shall be respectively one, two, three, four, five six and seven years, to be fixed by the mayor at the time of appointment, and, as the terms of the commissioners first appointed expire, their successors shall be appointed within thirty days thereafter by the mayor for a term of seven years each. All vacancies occurring from whatsoever cause shall be filled as soon as practicable thereafter by the mayor for the unexpired term. For the purpose of making such appointments in the city of New York, including the first and all subsequent appointments the mayor of the city shall request the president or other executive officer of each of the following organizations, to wit: The Brooklyn bureau of charities, the New York society for the prevention of cruelty to children, the prison association of New York, the united Hebrew charities, and the society of Saint Vincent de Paul in the city of New York, to present a list of not less than twice the number of persons to be appointed members of said municipal commission. Notice in writing of the dates on which appointments, including |