ment of public welfare upon request.126 Probation officers must also, upon request, send in reports to the division of criminal identification at Sacramento.127

Probation officers must furnish to each person released on probation and committed to their care a written statement of the terms and conditions of the probation unless the statement has already been furnished by the court. Probation officers must report to the court any violation.128

In general, officers have the duty of supervising probationers by means of written reports and personal interviews.120 Officers have, as to the person committed to their care, the powers of a peace officer.180

Whenever any person is sentenced to State prison, whether probation is applied for or not, or granted and revoked, it is the duty of the officer of the county from which the person is committed to file with the clerk of the State board of prison directors a report upon the circumstances surrounding the crime and the prior record and history of the defendant, as may be required by the board. These reports must be made within 60 days after the defendant has been committed to prison in the form prescribed by the board.13

Probation officers may arrest probationers without warrant.182

Probation officers: Powers and duties, Los Angeles County. A summary of the information on the defendant is prepared in duplicate on a "work sheet" for the supervising officer. The original "work sheet" is placed in the supervising officer's field notebook and the duplicate copy in the master book of probationers under supervision. A chronological sheet is started which is kept in the permanent file on the case. The supervising officer is charged with keeping notations of every action taken or contract made in each of

18 Cal. Pol. Code (Deering, 1931) § 2333.

127 Cal. Stat. 1929, c. 788.

128 Cal. Pen. Code (Deering, 1937) § 1203.12.

129 Field supervision is rare and at best inadequate in most counties.

130 Cal. Pen. Code (Deering, 1937) § 1203.12.

131 Id. § 1203c.

132 Id. § 1203.2. A city recorder who has suspended sentence in a case, releasing defendant on good behavior, has not the rights and powers of a probation officer appointed by the superior court and has no authority to invade defendant's premises to search for liquor. People v. Ross, 19 Cal. App. 469, 126 Pac. 375 (1912).

his cases. When a sheet in his notebook on a particular case is filled, it is turned in to the file room and the notes are typed on the chronological sheet so that in the file is a complete history of all supervision work done by the supervising officer.

When a defendant is granted probation a kardex card is made out with a summary of the essential information on the case typed on the card. This card is then filed alphabetically in the kardex unit of the particular supervising officer. All of the kardex file units are kept in the office of the director of the supervising division. Only during the first few days of each month, the period during which monthly reports are received at the probation office, are the file units transferred to the respective supervising officers' offices so that they may be available for ready reference when a probationer reports to the office.

In cases where a defendant is granted probation with a conditional term in jail the supervising officer who is assigned to handle the case after release from jail interviews the offender two or three times while he is in custody. One visit is made soon after the probation hearing in such a case and at least one visit is made shortly before the defendant is released from jail. The supervising officer attempts, on these visits, to assist the probationer as much as possible in the preparations for his release from custody.

In cases where a defendant is granted immediate probation he is not released in the courtroom but is held in custody until a deputy probation officer calls for him, whereupon he is given over to this officer and taken directly to the probation office. There a copy of the probation instructions are given him; his status as a probationer is explained and if possible he, at that time, is interviewed by his supervising

officer.

The matter of supervision is largely in the hands of each individual supervising officer. The director of the supervising division oversees this work by means of periodically checking over the complete files of each officer's active cases. The director goes over the entire record of each case noting particularly the chonological history as reported from the field notes of the supervising officer. When the director

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finds notations which are not clear to him or which cause him to feel that further investigation should be made, or when he has any specific instructions to make in regard to a particular case, he dictates his comments on ediphone records. From these his comments are typed in triplicate, each comment being followed by a blank space on the sheet. The original copy of the comments is sent to the supervising officer, who is required to note in the space provided his further activity as a result of the director's comments. The original comments and the officer's notations are returned to the director and are checked over at the next review of the

officer's cases. One copy of the comments is kept by the director and one copy is filed in the office of the director of the adult division. The director of the supervising division not only goes over all cases handled by the field officers in Los Angeles County but also the cases handled by the narcotics and out of state divisions. An attempt is made to review all active cases every 3 months. Between this work and the continuous task of consulting with supervising officers on difficulties and questions arising from individual cases, the director of the supervising division has more than he can possibly do in the time at his disposal.

If, in the course of supervision, an officer feels either that sufficient progress has been made or that special conditions have arisen which justify modification of probation, he makes his suggestion or recommendation to the head of his division who in turn takes it up with the head of the adult division. If it is there approved, a supplementary report is prepared and presented to the court. The supervising officer does not appear before the court on such cases. Usually the director of the adult division appears on such requests.

Interstate cooperation.-In 1937 the legislature authorized the Governor to enter into compacts with the authorities of other States for the transfer and out of state supervision of probationers and parolees.183

PAROLE

History.-Parole in California was first proposed in the legislature in 1887 by the State penological commission. No

133 Cal. Stat. 1937, p. 469.

action was taken on the proposal at the time, but in acts establishing two reform schools for boys in 1889 the legislature provided for parole of such delinquents.1

The first adult parole law was adopted in 1893.2 It made all prisoners except those convicted of first- or second-degree murder and those previously convicted of a felony who had served time therefor in a penal institution eligible for parole by the board of prison directors at the end of 1 year of incarceration. The board was also given power to revoke parole.

The board of prison directors adopted a stringent set of rules limiting the exercise of its new powers. Before the board would grant parole a prisoner had to receive the unanimous recommendation of a committee of prison officers, he must have secured employment outside prison from a responsible person, and an investigation was made into his record and antecedents, opinions of the trial judge and prosecuting attorney were invited and weighed, and the prisoner was personally interviewed."

In 1901, those convicted of murder were removed from the ineligible class, but it was provided that no life termer could become eligible for parole until he had served 7 years. By the same statute the Governor was given power concurrent with the board to revoke parole."

Before 1908 there was no supervision of parolees, but they were required to make a monthly report by mail. However, parole was granted sparingly during this era. From 1893, when the board got its parole power, to 1899 only 70 paroles were granted. Up to 1908 only 583 paroles were granted.3

A parole officer was provided in 1908 and stationed in San Francisco. The staff was subsequently increased until the budget for 1935-37 for the parole department was $112,960.10

1 Cal. Stat. 1889, p. 104, § 18; id. p 118, § 27.

2 Cal. Stat. 1893, p. 183.

The prison board existed by the 1879 constitution and comprised five members. Cal. Const. art. X.

Cal. Stat. 1893, p. 183.

Report, California State Board of Prison Directors (1894) 5-83.

Cal. Stat. 1901, p. 82.

7 Report, California State Board of Prison Directors (1900).

• Id. (1908).

Id. (1910).

19 Cal. Stat. 1935, p. 1193.

In 1913, persons previously convicted who had served time in a prison were made eligible for parole. By the new statute they were eligible at the end of 2 years' service. A new provision required 2 years' service before a person on whom two or more consecutive sentences had been imposed became eligible for parole.11

In 1915 a statute provided that parole could be granted for whatever term and on whatever conditions the board deemed wise. Parole could be revoked and credits for good behavior taken away by the board only after a hearing at which the prisoner was present and entitled to present eviIdence in his behalf. The order of revocation had to state the cause on its face. The board's decision, however, became conclusive.12

Under two amendments passed in 1929, 30 days before meeting to consider parole in any case, the board must notify the trial judge, the district attorney, the sheriff, and the chief of police.13 Restitution of property illegally obtained may be made a condition of parole.14

In the same year the provisions for parole were incorporated in the penal code in the same section with the indeterminate-sentence law and the provisions for time off for good behavior.15

In 1931 sections were added requiring the trial judge and district attorney to make inquiries and file a written report with the prison board on each prisoner committed.16

Also in 1931, the entire power of the prison board over the granting and revocation of paroles, as well as the determination of sentences, was transferred to a newly created board of prison terms and paroles." A 1933 amendment required the board of prison terms and paroles to make an

11 Cal. Stat. 1913, p. 1048.

12 Cal. Stat. 1915, p. 981.

13 Cal. Stat. 1929, p. 80.

14 Cal. Stat. 1929, p. 302.

15 Cal. Stat. 1929, p. 1930; Cal. Pen. Code (Deering, 1931) § 1168.

16 Cal. Stat. 1931, pp. 1053-1058; Cal. Pen. Code (Deering, 1931) § 11681192a.

17 Cal. Stat. 1931, p. 1061; Cal. Gen. Laws (Deeding, 1931) Act 1916.