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attempt to suspend sentence is invalid, the court still has power to order execution of the judgment.13

Persons eligible.-All persons may be placed on probation except in cases "after commitment to the State prison or the Connecticut Reformatory," and except in cases of conviction for drunken driving twice within a period of 6 years or of conviction of a felony for the third time.11

While the general probation provisions, applicable to all "courts," do not apply to justices of the peace,15 such justices are specifically authorized to release on probation any person brought before them, and to appoint a nonsalaried probation officer pro tempore in each such case.16

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Investigation.-Officers investigate all misdemeanor cases and cases of delinquency rendering a person liable to commitment to a humane or reformatory institution. Investigation is made of any case brought or about to be brought before the court involving a crime not punishable by State prison sentence. The object of the investigation is to ascertain the history and previous conduct of the offender and "such other facts as may show whether he may properly be released on probation." The officer is required to confer with the accused before arraignment whenever possible, report the facts found to the court, and preserve a record of these facts for identification and other purposes. These records are part of the court records open to inspection of all officers.1 In prostitution cases the court may order the offender to be examined by a competent physician.18

Terms and conditions.-The period of probation may be for any time not longer than 1 year.19 The probation period is not counted as time during which the defendant is being punished; the sentence of imprisonment does not begin until revocation of probation.20

13 Leifert v. Turkington, 115 Conn. 600, 162 Atl. 842 (1932).

Conn. Gen. Stat. (Supp. 1931) § 1725C.

15 Alcorn v. Fellows, 102 Conn. 22, 127 Atl. 911 (1925).

1 Conn. Gen. Stat. (1930) § 6520.

17 Conn. Gen. Stat. (1930) § 6516.

18 Id. 6226.

1 Conn. Gen. Stat. (Supp. 1931) § 1725C. Or the court may suspend execution without probation for an indefinite time. Ibid. Whether the period may be extended beyond 1 year by the power of the court to continue a suspension upon revocation, as provided in Gen. Stat. § 6519, is doubtful.

*Belden v. Hugo, 88 Conn. 500, 91 Atl. 369 (1914).

Probationers must observe all rules prescribed by the court, report to the officers as directed and "maintain a correct life." 21 The court may order payment of any part or all of the taxable costs of prosecution and a sum not to exceed $48 as fees of the officer.22 Persons convicted of prostitution and having venereal disease must be placed on probation only upon such terms as will insure medical treatment. Females must be placed under the supervision of a woman officer who must cooperate with the local and State health officers. 23

Revocation.-On failure to observe the terms and at any time prior to "final disposition" of the case, an officer may arrest the probationer without a warrant, and bring him before the court or any judge thereof, or the court may issue a warrant. A hearing is essential. The court may, if it deems it proper, continue probation even though a violation is proved; or it may order revocation. Upon revocation the sentence goes into effect immediately.24

Probation officers: Appointment, qualifications, compensation. The judges of the superior court of each county and the judges of the criminal courts of common pleas may appoint one or more probation officers, male or female. The judge of each police, city, borough, and town court must appoint an officer.25 In the absence of an officer, officers pro

21 Conn. Gen. Stat. (1930) § 6519.

22 Id. 6518.

23 Id. § 6226.

* Conn. Gen. Stat. (1930) § 6519. Whether "final disposition" means automatic discharge at the end of the probation period or whether a court may or must formally discharge the probationer at the end of the period, has not been decided.

In this State, no appeal lies from a suspension of imposition of sentence, State v. Vaughan, 71 Conn. 457, 42 Atl. 640 (1899). If, as is possible, probation may be granted before sentence, it would seem to follow from the Vaughan case that an appeal would lie from a sentence imposed at the time of revocation. The time for appeal would run from such time. But as it appears from the statute that only the suspension of the execution of a sentence is allowed, the time for appeal would run from the time of sentence. However, since appeals in this State must be from a "final judgment" (Conn. Gen. Stat. (1930) §§ 5689, 6492) it is possible that even a sentence which has been imposed but of which the execution has been suspended, may not be a "final judgment." If such be the case then appeal would lie upon revocation of the suspension of execution from the time of revocation, since only then is the sentence in "full force and effect." Id. § 6519.

25 Conn. Gen. Stat. (1930) § 6515. The traffic court of Danbury may appoint a probation officer, whose compensation is fixed by the judge and paid by the State. Conn. Spec. Laws 1931, pp. 287 and 674. In 1935, the number of officers throughout the State were 75. Of these only eight were appointed by

tempore may be appointed. The justices of the peace may appoint officers pro tempore.20 Officers may be removed by the court which appoints them, at the pleasure of that court.27

Probation officers may not be active members of any regular police force, or sheriffs or deputy sheriffs.28 Aside from this restriction there is no qualification prescribed by law for probation officers.29

Compensation to officers appointed by and working for the superior and common pleas court of a county is fixed by those courts and, upon court order, paid by the county treasurer. Officers appointed for city, borough, and towns courts are paid in the same manner as other officers of those courts.30 Probation officers: Powers and duties.-Probation officers in the exercise of their duties have the powers of police officers. They must preserve a record of each case investigated and make any reports the court may direct. They must take charge of all persons placed on probation. They must give to each probationer full instructions as to the terms of release and they must require from the probationer "such periodical reports as shall keep the officer informed as to his conduct." 81 The officers, in turn, must make a quarterly report to the prison association in the form directed by it.32 Officers appointed pro tempore have the same powers and duties.3

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the superior (county) courts to work under their direction. The other 67 were appointed by the lower courts, town, city, and borough. Ann. Rep. Conn. Prison Ass'n (1934-35) p. 27. State Register and Manual (1936) pp. 150 and 154.

*Conn. Gen. Stat. (1930) § 6520. The clerk of every court by which an officer is appointed must notify the prison association of the name of the officer. Id. § 6521.

"Id. 6515.

2 Id. § 6516.

"The work of the association in adult probation will never succeed until all the courts of the State of Connecticut are removed from the field of political spoils. The appointment of minor court judges must be taken out of politics and governed by the same high standards as now influence the selection of the supreme and superior courts. The probation officer appointed by a judge is usually no better than the judge appointing him. It is high time that men who are trained for the work of probation be selected to fill the post of probation officers." Ann. Rep. Conn. Prison Ass'n (1934-35) p. 17.

Officers receive all necessary expenses, and not more than $10 per diem as compensation for actual services in cities of 50,000 population or over, and not more than $6 per diem in all other cities and towns. Conn. Gen. Stat. (1930) 2266. Temporary officers receive the same compensation. Id. § 6520. 1 Conn. Gen. Stat. (1930) § 6516.

2 Id. § 6521.

3ld. § 6520.

PAROLE

History. The development of the present parole system of Connecticut began with the passage of a parole act in 1887 which applied only to habitual criminals. Under this act it was provided that any person who had been three times sentenced to a State prison for any crime for which the minimum punishment was 2 years imprisonment should be deemed an "incorrigible," and that after the expiration of his third sentence he should be detained in the prison for a further term of 25 years. It was further provided, however, that at any time after the expiration of the third sentence the convict might be paroled by the board of directors of the prison.1 In 1897 the act of 1887 was repealed and it was provided that the board of pardons might grant parole to any person imprisoned in the State prison with certain specified exceptions. In 1901 an Indeterminate Sentence and Parole Act, which is the basis of the present indeterminate sentence and parole provisions applicable to the State prison, was passed. Under this act it was provided that parole should be granted by a board of parole, consisting of the board of directors of the prison and the warden. Upon the establishment of the Connecticut Reformatory in 1909, provision was made for parole from that institution by its board of directors and upon the establishment of the Connecticut State Farm for Women in 1917 the board of directors of that institution was authorized to grant parole to its inmates.5 By whom administered.-The board of directors of the State prison and the warden constitute the board of parole for that institution. The seven members of the board of directors are appointed for 4 years by the Governor to serve without compensation. The warden is appointed by the board to serve at its pleasure."

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1 Conn. Pub. Acts 1887, ch. 114. 2 Conn. Pub. Acts 1897, ch. 231. Conn. Pub. Acts 1901, ch. 78. Conn. Pub. Acts 1909, ch. 162.

Conn. Pub. Acts 1917, ch. 358.

Conn. Gen. Stat. (1930) §§ 6509-6511. The board of pardons is authorized to grant conditional pardons. Id. (Supp. 1935) § 787c.

Conn. Gen. Stat. (1930) §§ 1971, 1972.

At the State prison a parole officer and his assistant are placed in charge of parole investigation and supervision. The assistant also acts as identification officer.

The board of directors of the reformatory and the superintendent constitute the board of parole for that institution.R The five members of the board of directors are appointed by the Governor to serve for 4 years without compensation. The board selects the superintendent, who serves at its pleasure at a salary fixed by the board. One full-time parole officer is employed at the men's reformatory. He is assisted by other officers.

For the State farm for women 10 the board of parole consists of the board of directors.11 The seven members of the board of directors of the State farm for women are appointed by the Governor for a term of 4 years without compensation.12 At the State farm a full-time director of parole and four full-time parole officers are employed.

Persons eligible for parole.—Any person sentenced to the State prison for men or the State prison for women,13 after having been in confinement for not less than the minimum term, or if sentenced for life, after having been in confinement for less than 25 years, is eligible for parole.15

14

* Id. § 1936.

• Id. §§ 1821, 1826.

10 Both the State prison for women and the reformatory for women are located at the State farm at Niantic and are under the control and supervision of the same board of directors. Id. § 1994.

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15 "All women imprisoned at the State prison for women shall be subject to the provisions of the statutes applicable to prisoners at the State prison and shall be under the supervision and control of the directors of the State farm for women." Conn. Gen. Stat. (1930) § 1994.

14 Indeterminate sentences.-When a person is sentenced to the State prison other than for life or for capital punishment, a maximum sentence is given which does not exceed the maximum term of imprisonment prescribed by law as a penalty for the offense which has been committed and a minimum sentence which is not less than 1 year. However, "when any person so sentenced shall have twice before been convicted, sentenced, and imprisoned in a State prison or penitentiary, the court shall sentence such person to a maximum of 30 years"; and when a person is sentenced for two or more separate offenses to run consecutively, no minimum sentence is given except under the first sentence. For the purposes of parole the several maximum sentences are deemed to constitute one continuous sentence. Conn. Gen. Stat. (1930) § 6507. 15 Id. (Supp. 1935) 6509.

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