The Nebraska supreme court has said, in regard to revocation procedure, that "proper practice requires a verified information stating specifically the conduct constituting a violation of probationary conditions," but it upheld a revocation had upon motion, where the defendant was given notice and hearing, assistance of counsel, and allowed to present testimony in his behalf.23 It is not necessary to prove that a new crime was committed to revoke probation. Probative evidence showing a violation of conditions sufficient to convince the district judge that the probationer will not refrain from criminal acts in the future is sufficient.24 It is not infrequent that when a probationer is arrested for a subsequent offense, a bargain is made whereby revocation proceedings will not be instituted if the defendant agrees to plead guilty to the subsequent offense. Sentence is then imposed for the second offense, and in effect probation of the first one is discharged. Probation officers: Appointment, qualifications, and compensation. The statutes place no professional or educational limitations on the appointment of probation officers. It is specifically provided, however, that police officers, constables, and elective sheriffs may serve also as probation officers.25 All counties over 20,000 population have a chief adult probation officer paid by the county. In counties over 100,000 the salary is fixed by statute at $2,100 a year, between 20,000 and 50,000 it may be fixed by the local board at not more than $720 a year, and counties outside these population limits are not bound by statute. The chief adult probation officer is appointed by the judges of the district court in counties with 100,000 to 150,000 population, by the district judge in charge of the juvenile docket in counties of 50,000 to 100,000 population, and by the judge of the county court in counties of 20,000 to 50,000 population. In counties of less than 20,000 population the sheriff serves as probation "Sellers v. State, 105 Neb. 748, 181 N. W. 862 (1921); see Moore v. State, 125 Neb. 565, 251 N. W. 117 (1933). 24 Sellers v. State, 105 Neb. 748, 181 N. W. 862 (1921). Neb. Comp. Stat. (Kyle, Supp. 1935) § 29-2210. 73115-39-VOL, I-44 officer unless the board of supervisors or commissioners authorizes the county judge to appoint such an officer, in which case the board fixes his salary.26 Probation officers: Powers and duties.-When so directed by the court, it is the probation officer's duty to inquire into the defendant's antecedents, character, and circumstances, the mitigating and aggravating circumstances of the offense, whether it is his first offense, the extent of moral turpitude involved, and other relevant facts, and report thereon to the court. 27 It is the officer's duty to furnish all persons placed on probation under his supervision a statement of the periods and conditions of their probation, to instruct them concerning the same, to keep informed about their condition and conduct, to advise and admonish them, to report monthly concerning their condition to the court or its magistrate, to keep records of their work, and to keep accounts of and give receipts for and make monthly returns of money paid in.29 The officer also serves as parole officer when requested to do so by the penal or reformatory institutional authorities.20 In some counties, he has other unrelated duties.30 The officer may require probationers to make such reports as are reasonable and necessary. As to those in his charge the probation officer has the powers of a peace officer.31 Interstate cooperation.-In 1937 the legislature authorized the Governor to enter into uniform compacts with other States for the reciprocal transfer and supervision of out-ofState probationers and parolees. 82 PAROLE History-A parole system was established in Nebraska in 1893.1 The Governor at that time was given the power to grant parole to any prisoner confined in the State penitentiary who had served the minimum term for the crime of which he was convicted. Parole could not be extended to a prisoner who had previously been convicted of a felony and had served a term in any penal institution within the United States. In the case of a prisoner convicted of murder, in the first or second degree, parole could not be granted until he had served 25 full years of his term. Prisoners paroled under this law remained under the control of and in the legal custody of the Governor and were subject at any time to be taken back within the enclosure of the penitentiary. Full power to retake and reimprison any parolee without notice or hearing for any reason deemed sufficient was conferred upon the Governor. His written order was made a sufficient warrant for the officers named therein to return to custody any conditionally released or paroled prisoner. In 1909 the law was amended to provide that notice of a hearing should not be required as a condition precedent to the Governor's exercise of his power to parole a convict from the penitentiary where he was satisfied from his personal knowledge or the report of the prison physician that the prisoner was suffering from a disease of such a nature as to endanger his life or permanently impair his own health or that of the other inmates. 8 In 1911 the parole power was lodged in a State prison board created at the same time. The board was composed of three members, appointed by the Governor, and was required to have among its membership a practicing physician in good standing and a practicing lawyer in good standing.5 It was made the duty of the board to adopt such rules concerning all persons committed to their custody as should prevent the prisoners "from returning to criminal careers, best serve their self-support, and accomplish their reformation." Ex parte Owen, 89 Neb. 596, 131 N. W. 914 (1911) (decided under this statute). Neb. Stat. Ann. (Cobbey, 1909) § 2743. 'Neb. Comp. Stat. (1911) §§ 8248a-m. Id. § 8248b. Id. 8248d. "When any prisoner shall be received into the penitentiary, the warden shall cause to be entered into a register the date of such admission, the name, age, nativity, nationality, with such other facts as can be ascertained of parentage, education, occupation, and early social influences, as seem to indicate the constitutional and acquired defects and tendencies of the 73115-38-VOL, I-44 The former provisions relating to parole, aside from the transfer of the power from the Governor to this board, remained unchanged with the exception of a requirement that the board was not to release any prisoner on parole until it had made arrangements or had satisfactory evidence of arrangements for the prisoner's "honorable and useful employment, while upon parole, in some suitable occupation, and also for a proper and suitable home, free from criminal influences." It was made the duty of the warden to provide each prisoner released from the penitentiary with suitable clothing, $10 in money, and transportation to his place of employment. The secretary of the board was directed to keep in communication with parolees and their employers. In 1911 the State's first indeterminate sentence law was passed.10 In 1913 the State established a reformatory for male first offenders between the ages of 16 and 30 years." Power to prisoner, and based upon these, an estimate of the present condition of the prisoner and the best possible plan of treatment. The physician of the penitentiary shall carefully examine each prisoner when received, and shall enter into a register to be kept by him, the name, nationality or race, the weight, stature, description, and family history of each prisoner; also a statement of the condition of the heart, lungs, and other leading organs, the rate of the pulse and respiration, the measurement of the chest and abdomen, and any existing disease or deformity, or other disability, acquired or inherited. Upon the warden's register shall be entered from time to time, minutes of observed Improvement or deterioration of character, and notes as to the method and treatment employed; also all alterations affecting the standing or situation of such prisoner, and any subsequent facts or personal history which may be brought officially to his knowledge, bearing upon the question of the parole or final release of the prisoner." Ibid. This provision is in effect at the present time. See Neb. Comp. Stat. (1929) § 29-2622. Neb. Comp. Stat. (1911) § 8248e. Id. 8248g. Id. 8248f. In the same year the legislature enacted "That the second day of September of each year, being the birthday of John Howard, the author of prison reform throughout the world, shall hereafter be observed as a legal holiday in all the penal and reformatory institutions of this State and shall be known as 'Howard's Day.'" Id. § 6126a. 10 Every person over 18 years of age, convicted of a crime punishable by imprisonment in the penitentiary, excepting murder, treason, rape, and kidnapping was to be given an indeterminate sentence. Id. § 8248a. 11 Neb. Rev. Stat. (1913) §§ 7357, 7360. A first offender might be sent to this institution "when in the judgment of the court said person is capable of reformation and said sentence is compatible with the general welfare." This institution was then designated as the "Nebraska Reformatory." It is located at Lincoln and is now known as the "Reformatory for Boys," Neb. Comp. Stat. (1929) § 83-1001. The institution for male juveniles at Kearney was recognized as "The State Industrial School" and that designation has parole inmates from this institution was placed in the hands of the State prison board to be exercised under the same rules and in the same manner as provided for penitentiary prisoners.12 The reformatory for women, located at York, was created in 1919 for female offenders 15 years of age and upwards who in the discretion of the courts should be sent to such an institution. Any female prisoner at the reformatory for women might be paroled by the prison board at any time after commitment provided she was not afflicted with a venereal disease.18 Attention was given to physical and mental factors related to inherited criminal tendencies as problems of preparole continued. Id. 83-1101. The name of the female juvenile institution at Geneva has been changed from "Girls' Industrial School" to "Girls' Training School." Id. § 83-1201. A reform school for male juveniles was established near Kearney in 1879, and a similar reform school for girls was established near Geneva in 1891, known as the "Girls' Industrial School." 12 Neb. Rev. Stat. (1913) § 7364. A classification system at the penitentiary was established that year, providing that the warden should divide the prisoners into three classes, as follows: The third grade to consist of the most vicious, depraved and untractable prisoners, to be dressed in the regulation prison uniform of gray with their number stamped in red numerals on the back of the shirt between the shoulders, the back of the coat and the waist line of the trousers. The second grade consisted of prisoners who had demonstrated that they were more amenable to discipline and less vicious than the third grade prisoners; they were to be dressed in a uniform of some different color than the prisoners in the third grade and without the prison number thereon. The first grade was to consist of the most trustworthy prisoners, including young prisoners convicted for the first time of some minor offense, and their dress was to be different than that of the other classes of prisoners and without any prison number thereon. The warden was to promote a prisoner from grade to grade when in his judgment such prisoner by prompt and cheerful compliance with the rules of the prison, willingness to work and other evidences of desire to reform, deserved such promotion. The warden might also reduce a prisoner to a lower grade for infraction of the rules or any willful misbehavior. So far as possible the warden was to segregate the different classes of prisoners, and privileges, as regarded labor, amusements and sports, were to be granted prisoners according to their grade. Id. § 7354. This classification system is still in effect. Neb. Comp. Stat. (1929) § 83-952. 13 Neb. Comp. Stat. (1922) §§ 7052, 7054. "The object of the State reformatory for women shall be to furnish a suitable home, proper care, education, and training in the industrial arts, to enable women convicted of any crimes as hereinafter provided to fit themselves for useful lives and the means of earning their own livelihood." Id. § 7053. "Provided, further, that if at the expiration of her commitment, any female is still afflicted, in the opinion of the superintendent and physician of said State reformatory for women, with a venereal disease, then any such female shall be detained at said reformatory under such rules and regulations relating thereto as shall be adopted by the State department of health." Id. § 7054. The parole administrative powers were in 1922 conferred on a newly created board designated the pardon and parole board. Infra, note 16. |