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is to be there detained "as under an indeterminate sentence, commencing with his imprisonment in the reformatory with a minimum of six months and a maximum fixed by law for the crime of which the prisoner was convicted and sentenced and may be released upon parole or absolutely discharged as other prisoners confined under an indeterminate sentence." How long may White be legally held in the House of Refuge?

OPINION.

Edward White was apparently convicted of a violation of section 405 of the Penal Law. The punishment for a conviction under that section is prescribed by section 1937 of the Penal Law as follows:

"A person convicted of a crime declared to be a misdemeanor, for which no other punishment is specially prescribed by this chapter, or by any other statutory provision in force at the time of the conviction and sentence, is punishable by imprisonment in a penitentiary, or county jail, for not more than one year

In giving this opinion I shall assume that the transfer of said White from the New York City Reformatory of Misdemeanants to the House of Refuge is valid and legal.

The statute, section 698 of the Greater New York charter (chap. 565 of the Laws of 1909) among other things, provides:

and a prisoner so transferred shall be confined in such institution or prison as under an indeterminate sentence, commencing with his imprisonment in the reformatory with a minimum of six months and a maximum fixed by law for the crime of which the prisoner was convicted and sentenced; and may be released on parole or absolutely discharged as other prisoners confined under an indeterminate sentence." It will be noticed that this language in the statute was apparently incorporated in the transfer order.

After the transfer of White he became subject to that provision of law which I have quoted and which is inserted in the order of transfer. The period of detention is there expressly regulated, the maximum of which is fixed by law, for the crime of which the prisoner was convicted and sentenced. I have already called attention to the fact that the maximum time of imprisonment fixed by law for the crime of which this prisoner was convicted and sentenced is one year and the section of the charter quoted makes that the maximum length of time which he may be imprisoned. The maximum time for which White may be detained in the institution where he is now confined is one year commencing with his imprisonment in the reformatory;" that is to say, the year started running upon his imprisonment in the New York City Reformatory of Misdemeanants.

46

Dated, September 18, 1912.

THOMAS CARMODY,
Attorney-General.

To the Board of Managers of the Society for the Reformation of Juvenile Delinquents, Randall's Island, N. Y.

Probation.

Section 96. Probation officers; appointment and removal.
97. Powers and duties of probation officers.
98. Adults; periods of probation.

98-a. Remand pending investigation.

99. Children; periods of probation. 100. Revocation of probation.

§ 96. Probation officers; appointment and removal. On or before the first day of September, nineteen hundred and ten, the chief justice of the court of special sessions shall appoint a chief probation officer and similarly each chief city magistrate shall appoint a chief probation officer. The duties of said chief probation officers shall be prescribed by the chief justice and each chief city magistrate respectively. The civilian male and female probation officers of the courts of special sessions of the first and second divisions and the female probation officers of the board of city magistrates of the first division and the female probation officers and civilian male probation officers of the board of city magistrates of the second division shall continue in office, unless and until removed as provided by this act. A majority of the justices of the court of special sessions as constituted by this act shall, on or before the first day of September, nineteen hundred and ten, appoint, in addition to the probation officers continued as aforesaid, civilian probation officers not to exceed twelve in all, including those continued in office as hereinbefore provided. The board of city magistrates of the first division shall appoint ten civilian male probation officers on or before the first day of September, nineteen hundred and ten, and the board of city magistrates of the second division shall appoint five civilian male probation officers in addition to those continued as herein before provided. The majority of the justices of the court of special sessions and of the respective boards of magistrates may from time to time appoint such additional probation officers as the board of aldermen, upon the recommendation of the board of estimate and apportionment, may authorize. On and after the first day of September, nineteen hundred and ten, no police officer shall be designated or act as a probation officer. The chief probation.

officers and all other probation officers shall be deemed the confidential officers of the justices and magistrates. The chief justice or the chief city magistrate, as the case may be, or a majority of the justices or a majority of each board of magistrates, may at pleasure remove the chief probation officer or any probation officer.

§ 97. Powers and duties of probation officers. Each probation officer shall have all the powers and duties conferred upon probation officers by the code of criminal procedure. Probation officers shall keep such records and conform to such rules and regulations as may be established by a majority of the justices or of the respective boards of magistrates, as the case may be. It shall be the duty of the chief justices and each chief city magistrate, respectively, to see that such rules and regulations are observed and that such records are properly kept. So far as may be practicable, certain of the probation officers of the court of special sessions shall be permanently assigned by a majority of the justices to the children's courts.

§ 98. Adults; period of probation. An adult convicted of a misdemeanor may be placed on probation for such time as the court of special sessions may deem proper, not longer, however, than two years. An adult convicted of an offense of which a magistrate has summary jurisdiction may be placed on probation for such time as the magistrate may deem proper, not longer, however, than one year.

§ 98-a. Remand pending investigation. After a conviction or a plea of guilty the magistrate may remand the defendant for a period not to exceed three days for investigation before pronouncing sentence. (Added by chapter 372 of the Laws of 1913.)

§ 99. Children; period of probation. A child may be placed on probation for such time as the justice holding the children's court may deem proper, not longer, however, than three years, and such probation period may extend beyond the time such child attains the age of sixteen years. When practicable a child placed on probation shall be placed with a probation officer of the same religious faith as that of the child's parents.

§ 100. Revocation of probation. Probation may be revoked at any time within the maximum periods hereinbefore mentioned by the court of special sessions where the person was placed on probation by said court, or by any justice in children's cases, or by any magistrate in cases over which magistrates have jurisdiction; but so far as practicable the revocation of probation of a child shall be made by the justice who placed the child on probation, or of an adult, by the magistrate who placed such adult on probation. Upon such revocation the court, justice or magistrate may make such commitment as could have ordinarily been made if the child or adult had not been placed on probation, and to that end may pronounce any judgment or sentence, or impose any fine, or other penalty, or make any commitment which might have been imposed, or made at the time the conviction was had. Whenever probation is revoked, the court, justice or magistrate, as the case may be, may issue process for the re-arrest of the defendant, and, if arranged, the court, as it is then constituted. or any justice or magistrate, as the case may be, may proceed to enter judgment and impose sentence as herein provided. Provided further that whenever a defendant has been convicted of having abandoned his wife or children without adequate support or leaves them in danger of becoming a burden upon the public, or who neglects to provide for them according to his means, or who threatens to run away and leave his wife and children a burden upon the public, or is convicted of being a relative of a poor person and of sufficient ability to maintain him, her or them as provided in section six hundred and eighty-three of the charter of the city of New York, on consent of the parties to said proceeding, the magistrate who sentenced the defendant, or the magis trate sitting, in a magistrate's domestic relations court in which said defendant was convicted, if in the judgment of said magistrate it is to the interest of all the parties so to do, may enter an order discontinuing said proceeding and discharge said defendant from probation, imprisonment if said defendant be imprisoned, or cancel any bond or undertaking given therein. (As amended by chapter 757 of the Laws of 1911.)

AN ACT to provide for the appointment of a female probation officer in the court of special sessions of the first division of the city of New York, and to compensate her for such services.

Chapter 382, Laws of 1902.

Section 1. The justices of the court of special sessions of the first division of the city of New York are hereby empowered to appoint a female probation officer in that court.

§ 2. By and with the consent and concurrence of the board of estimate and apportionment, the justices of this court may fix the compensation of such probation officer at a sum not exceeding one thousand two hundred dollars per annum, payable in equal monthly installments.

Children's Court and Probation Officers, Rochester. AN ACT to amend chapter fourteen of the laws of eighteen hundred and eighty, entitled "An act to further amend chapter onc hundred and forty-three of the laws of eighteen hundred and sixty-one, entitled 'An act to amend and consolidate the several acts in relation to the charter of the city of Rochester,' and to consolidate therewith the several acts in relation to the charter of said city."

Chapter 543, Laws of 1905.

Section 1. Section two hundred and sixty-five of chapter fourteen of the laws of eighteen hundred and eighty, as amended by chapter five hundred and sixty-one of the laws of eighteen hundred and ninety, is hereby amended so as to read as follows:

§ 265. All cases involving the commitment or trial of children actually or apparently under the age of sixteen years for any violation of law or ordinance before the police justice or police court of the city of Rochester, shall be heard and determined in a separate courtroom, to be known as the children's courtroom, and separate and apart from the trial of other criminal cases, of which session a separate docket and record shall be kept. Whenever a child actually or apparently under the age of sixteen years is

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