provided by statute that no person who has been convicted of a statutory or common law felony may vote, and the records of the court are conclusive evidence of the conviction.1 A pardon in such case, generally termed a “restoration to citizenship," is necessary to restore voting rights. Discharge gratuities.-Although there appears to be no specific statutory provision allowing the equipping of prisoners upon discharge, they are allowed a suit of clothes and $2.50 in money. However, there is a very prevalent practice of permitting release 10 days prior to expiration of sentence if the prisoner will forego the clothes and the money allowance. Since the desire for freedom is strong, practically in every case the prisoner accepts the earlier release and goes forth in prison clothing and without money. No transportation is furnished, so that on the whole the discharged prisoner must rely upon his own resources. Prisoners' aids.-The State makes no provision for securing employment for ex-convicts nor for maintaining them after release while employment is sought. No effort is made to "follow-up" former inmates or render any special assistance in bringing about social and economic adjustment. CALIFORNIA SUSPENSION OF SENTENCE Suspension of sentence at common law.-California courts have no common law power to suspend either the imposition or execution of sentence.' But courts may impose sentence 2 where sentence has not yet been imposed, or order the execution of sentence where execution was suspended, without regard to the validity of the suspension. 1 Ark. Dig. Stat. (Crawford & Moses, 1921) § 3737. 1 People ex rel. Lindauer v. O'Donnell, 174 Pac. 102 (1918) ("The authority in a court to suspend sentence or execution thereof in a criminal case is wholly statutory and the statute itself furnishes the measure of the power which may thus be exercised * • *"); People v. Harvey, 137 Cal. App. 22, 29 P. (2d) 787 (1934); In re Claude Taylor, 140 Cal. App. 102, 34 P. (2d) 1036 (1934); In re Eyre, 1 Cal. App. (2d) 451, 36 P. (2d) 842 (1934); People v. Wallach, 8 Cal. App. (2d) 129, 47 P. (2d) 1071 (1935); see also Cal. Pen. Code (Deering, 1937) § 12. 2 People v. Patrick, 118 Cal. 332, 50 Pac. 425 (1897). 3 In re Collins, 8 Cal. App. 367, 97 Pac. 188 (1908); Ex parte Moore, 12 Cal. App. 161, 107 Pac. 129 (1909); In re Clark, 70 Cal. App. 643, 234 Pac. 109 (1925); In re Howard, 72 Cal. App. 374, 237 Pac. 406 (1925). See also, In re Higgins, 70 Cal. App. 170, 232 Pac. 757 (1924). Statutes. By statute sentence may be suspended in nonsupport cases, upon the giving of sufficient sureties by the defendant for the payment of support to wife or child.* The only other statute authorizing suspension of sentence is the probation law. PROBATION Historical development.-In 1872 the California legislature passed a law authorizing criminal courts summarily to hear "circumstances which may be properly taken into view either in aggravation or mitigation of the punishment" in their discretion, upon oral suggestion of either party.1 The general probation statute grew out of this law. In 1903 the courts were authorized to suspend the imposition of sentence in the case of any person over 16, if it appeared that there were circumstances in mitigation "or that the ends of justice will be subserved thereby." The defendant could be placed under the supervision of the probation officer of the court. The period of suspension was restricted to the maximum term of sentence. In the case of a judgment to pay a fine, execution of sentence could be suspended. In the latter case, probation was to cease on satisfaction of judgment. Probation officers could arrest without warrant "if the interest of justice so requires, and if the court, in its judgment, shall have reason to believe that conditions are violated or that the defendant is engaging in criminal practices, or has become abandoned to improper associates or a vicious life." The judges could appoint an officer of a charity organization or any citizen as probation officer. Officers received no compensation and had the duties of investigation and report under the direction of the court.3 In 1905 the law was amended to allow release on probation only after investigation and written report by the probation officer. By this amendment provision was made also for supervision of probationers by the officer of other county courts. Furthermore, the law stated that the time of sus Cal. Pen. Code (Deering, 1931) § 270b. Cal. Pen. Code (Haymond and Burch, 1874) § 1203. Cal. Stat. 1903, p. 34. 'Id. at 36. 4 pension could not count as any part of any term of imprisonment. In 1905 the legislature also changed the method of appointing officers. The judges of the superior court of a county were authorized to appoint "seven discreet citizens of good moral character" to act as a probation committee which in turn was to appoint probation officers subject to the approval of the judges. The same probation committees and officers created under the juvenile court law were to act under the adult probation law." In 1909 the restriction of probation to cases investigated by probation officers was modified to allow release by way of probation if the circumstances in mitigation appeared either from the record furnished by the probation officer "or otherwise." In the same year a provision was added which permitted a defendant to withdraw his plea of guilty and enter a plea of not guilty or permitted the court to set aside the verdict upon fulfilment of the conditions of probation or discharge prior to the end of the period. This could only be done, however, within a term, dating from the defendant's discharge or the end of the period, equal to the maximum period of punishment. When the defendant was allowed to withdraw his plea or when the court set aside the verdict, the defendant was entitled to a dismissal of the information against him and a release from all penalties and disabilities involved in the conviction." The law was amended in 1911 to allow the granting of probation not only upon the oral suggestions of either party but also upon the court's own motion. It was also amended to apply to all persons over eighteen. The court was allowed to suspend either imposition or execution of sentence in all cases. The provision that the time of suspension could not be counted as part of any term of imprisonment, was omitted." The law was changed again in 1913 to provide for a maximum period of suspension of 2 years where the maximum possible sentence was less than 2 years. It further provided that in nonsupport cases the period could not continue 4 Cal. Stat. 1905, p. 162. Id. at 780. Cal. Stat. 1909, p. 357. Cal. Stat. 1911, p. 689. beyond 5 years. Probation officers were required to make written reports twice a year concerning their work, to the superior court of the county in which they were appointed, to each judge in the county who had releasees on probation outstanding, and to the secretary of the State board of charities and corrections.8 In 1917 the office of adult probation officer was created in counties of the second and third class. The administration of adult probation in those counties was separated from the administration of juvenile probation. A separate adult probation board was designated to be appointed by the judges of those counties. The probation unit in second class counties consisted of one chief officer and four deputies. The unit in third class counties was made up of one officer, one assistant, and one deputy. The officers were nominated by the probation board and appointed by a majority of the judges of the county. The chief officer could appoint as many deputies in addition as he desired subject to the approval of the board and a majority of judges." In 1919 the law added one deputy in counties of the third class, and the organization in second class counties was changed to consist of one chief officer and eight assistants.10 In 1921 the offices of adult probation officer, assistant adult probation officer, and deputy adult probation officer were created in all counties but officers under the juvenile court act were designated ex officio adult probation officers except in San Francisco and counties not operating under a freeholder's charter and having a population of more than 300,000. In these latter counties, probation officers were nominated by an adult probation board and appointed by a majority of the judges.11 In 1923 the probation law was radically amended. It allowed probation to be granted after conviction by plea or verdict of guilty of a public offense where discretion was conferred on the court or any board or commission or other authority, as to the extent of punishment. Furthermore, it excepted from its application the crimes of murder, Cal. Stat. 1913, p. 221. Cal. Stat. 1917, p. 1409. 10 Cal. Stat. 1919, p. 1244. "Cal. Stat. 1921, p. 1296. pension could not count as any part of any term of imprisonment. In 1905 the legislature also changed the method of appointing officers. The judges of the superior court of a county were authorized to appoint "seven discreet citizens of good moral character" to act as a probation committee which in turn was to appoint probation officers subject to the approval of the judges. The same probation committees and officers created under the juvenile court law were to act under the adult probation law." In 1909 the restriction of probation to cases investigated by probation officers was modified to allow release by way of probation if the circumstances in mitigation appeared either from the record furnished by the probation officer "or otherwise." In the same year a provision was added which permitted a defendant to withdraw his plea of guilty and enter a plea of not guilty or permitted the court to set aside the verdict upon fulfilment of the conditions of probation or discharge prior to the end of the period. This could only be done, however, within a term, dating from the defendant's discharge or the end of the period, equal to the maximum period of punishment. When the defendant was allowed to withdraw his plea or when the court set aside the verdict, the defendant was entitled to a dismissal of the information against him and a release from all penalties and disabilities involved in the conviction." The law was amended in 1911 to allow the granting of probation not only upon the oral suggestions of either party but also upon the court's own motion. It was also amended to apply to all persons over eighteen. The court was allowed to suspend either imposition or execution of sentence in all cases. The provision that the time of suspension could not be counted as part of any term of imprisonment, was omitted." The law was changed again in 1913 to provide for a maximum period of suspension of 2 years where the maximum possible sentence was less than 2 years. It further provided that in nonsupport cases the period could not continue 4 Cal. Stat. 1905, p. 162. 5 Id. at 780. Cal. Stat. 1909, p. 357. Cal. Stat. 1911, p. 689. |