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.

robbery, burglary, or rape by force and violence, where in the perpetration of those crimes a deadly weapon was used, or the person committing any of the enumerated crimes was armed with a deadly weapon, or where great bodily injury or torture was inflicted in the perpetration of one of the above crimes. In addition persons who had been previously convicted of any of the said offenses or public officials guilty of embezzlement or extortion could not be released on probation.12

The law was changed again in 1927 in several respects. The court was authorized to hear and determine the matter of probation summarily, or to refer it to a probation officer for investigation. The enumerated, excepted crimes were stricken out and the provisions in regard to being armed with a deadly weapon or inflicting great bodily injury were made to apply to all crimes. Persons previously convicted of any felony were made ineligible to receive probation. Furthermore, the courts were authorized to impose county jail terms as conditions of probation, and provision was made for crediting these terms on a subsequently served prison sentence. The provision in regard to separate adult probation officers was amended to authorize adult boards of probation and adult officers in San Francisco, in counties of 300,000 to 500,000, and in counties of 100,000 to 110,000 population.18

The general probation law was further amended in 1929. In that year the courts were allowed summarily to deny probation or, at a time fixed, to hear and determine the matter of probation in the presence of the defendant. If probation were not denied it was made mandatory on the court to refer the matter for investigation and report to the probation officer and to consider the report when made.14

The law was again changed in 1931 with respect to persons eligible for probation. The amendment reverted back to the form of the law of 1923 in this respect, again enumerating certain major crimes there excepted and adding

12 Cal. Stat. 1923, p. 291.

13 Cal. Stat. 1927, p. 1493. 14 Cal. Stat. 1929, p. 1384.

others 15 and making ineligible to probation persons armed with a deadly weapon at the time of commission of the crimes mentioned, or at the time of arrest. Persons using or attempting to use a deadly weapon in connection with the perpetration of any crime were made ineligible for probation. The other provisions with respect to persons eligible remained the same as they were in the amendment of 1927 and as they read at present.

16

The law was again changed in 1935 by the omission of the provision which allowed a jail term that had been made a condition of probation to be credited on a sentence imposed or ordered to be executed on revocation. Also, it was made the duty of probation officers of counties from which persons were committed to State prison in any case, to file with the clerk of the State board of prison directors any report on the case and the defendant which might be required.1

Administrative organization.—Probation in California is administered on a county basis. The superior court in each county has a probation department which is designated by statute to consist of the offices of adult probation officer, assistant adult probation officer, and deputy adult probation officer. With the exception of San Francisco and Santa Clara Counties, probation officers appointed under the juvenile court law act as adult probation officers. In most counties there is appointed by the judge of the superior court (or where there is more than one judge, the one who sits as juvenile court judge) a county probation committee consisting of "seven citizens of good moral character." The probation committee nominates the officers and assistant officers who are appointed by the judge. The chief officer may appoint deputies with the approval of the majority of the probation committee and the juvenile judge. The typical county probation department, therefore, consists of a chief probation officer and several assistants and deputies and handles both adult and juvenile probation. The probation committee acts in an advisory capacity. It is also sup

15 Grand theft, train wrecking, feloniously receiving stolen goods, felonious assault with a deadly weapon, kidnapping, mayhem, escape from a State prison, conspiracy to commit any of the enumerated crimes.

18 Cal. Stat. 1931, p. 1633.

1 Cal. Stat. 1935, p. 1706.

posed to exercise a "friendly supervision" over probationers.18 Many county departments handle not only superior court cases but also cases from justice of the peace courts and police courts.10 The work of the probation department may be divided up among officers in a variety of ways. In most departments the division is between adult and juvenile cases, one or two officers handling all adult cases, the rest of the department handling juvenile cases.20 In other units the work of investigation may be assigned to some officers and that of supervision to others.21 Again, one officer may be assigned to superior court cases and another to police court cases.22 The amount and kind of supervision varies from county to county, but in most counties there is no field supervision over probationers at all,23 while in other counties field supervision is occasional and inadequate.24 Hence supervision consists chiefly of mailed reports or personal visits to the probation office. In many counties there is a high degree of cooperation with the probation office on the part of the district attorney, sheriff, judge, clerk of court, county welfare department and school departments.25

It is required by State law that the administration of adult probation in San Francisco and Santa Clara Counties be distinct from that of juvenile probation. In those counties superior court judges presiding over criminal cases are required to appoint an adult probation board. In San

26

18 Cal. Pen. Code (Deering, 1937) § 1203.5; Cal. Gen. Laws (Deering, 1931) Act 3966, §§ 17 et seq. See also, Cal. Code Civil Proc. (Deering, 1931) §§ 131.1 et seq.

10 The following counties, for example, handle justice court cases: San Diego, Fresno, Riverside, Orange, Tulare. The probation law is not restricted to superior courts in any respect. See Cal. Pen. Code (Deering, 1937) §§ 1203 et seq.

20 For example, in San Diego County 2 of the 10 assistants are assigned to handle all adult cases. In Sacramento County the chief officer takes care of adult cases. In San Bernardino one assistant handles all adult cases.

1 E. g., San Diego County.

22 E. g., Alameda County.

23 In the following counties, among others, provision has not been made for adequate field supervision: Alameda, Kings, Riverside, Ventura, Mendocino, San Diego, Sacramento, Orange, Merced. Case loads are uniformly high and departments are understaffed.

In the following counties field supervision is occasional: Shasta, Yolo, Ventura, Tulare, Humboldt, San Bernardino. In Stanislaus and Kern Counties, field contacts are sought once in 3 months.

25 E. g., Kings, San Diego, San Bernardino, Orange, Merced, Santa Barbara. 26 Cal. Pen. Code (Deering 1937) § 1203.6.

Francisco County the appointment of a probation officer is made by the judge in the same manner that the general law provides; that is, on nomination of the adult probation board.27 All other assistants in the San Francisco offices are selected from a civil service list. In San Francisco and Santa Clara Counties, the probation board is to act in an advisory capacity, as in other counties. The offices of adult probation officer, assistant adult probation officer, and deputy probation officers have been created.28

The probation department of San Francisco County handles cases from both the superior and municipal courts of the county, three officers being assigned to the criminal departments of the superior court. One assistant handles all municipal court cases. One officer is in charge of the family division, acting in all cases of failure to provide or of mistreatment of members of the family. One assistant is assigned to the women's court which is a department of the municipal court. One woman assistant handles women's cases in the superior court.

The probation department of Santa Clara County handles both justice of the peace and superior court cases. This department does little field supervision.29

Administrative organization: Los Angeles County.—The probation department of Los Angeles County handles both adult and juvenile probation. Under the county charter the probation officer is appointed by the board of supervisors from civil service lists and the probation officer in turn appoints his deputy and all other employees from civil service lists. The probation officer is the sole appointing power for the department.

There are four administrative divisions in the probation department: juvenile, adult, financial, and executive. The adult division handles all adult cases in the superior courts of the county.30 The division is headed by a director and

Id. § 1203.8. "Id. 1203.5.

*See supra note 23.

The department also handles justice of the peace court cases. In 1936 it received probationers from 12 out of the 27 justice courts in the county. Some cases are also placed on probation with the adult department by the Los Angeles or Long Beach municipal courts and several police courts in the county occasionally place a misdemeanant on probation with the division.

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