Chap. 349.—An Act to provide for the use of probation and the suspen-
sion of sentence in criminal and juvenile courts, providing for the appoint-

ment of probation officers and defining their powers and duties.
{S B 123]

Approved March 16, 1918.

1. Be it enacted by the general assembly of Virginia, That
the judges of all courts of record of this State having jurisdiction
of criminal cases, police justices and the justices of juvenile and
domestic relations courts may appoint one or more reputable per-
sons, male or female, to act as probation officers under the direc-
tion of the court making such appointment. The appointing judge
or justice may remove for cause any probation officer after due
notice and an opportunity to be heard. The appointment of a
probation officer shall be made upon the recommendation of the
State board of charities and corrections, shall be in writing and
entered on the records of the court of the Judge making such ap-
pointment, and copies of the order of appointment shall be delivered
to the officer so appointed. and filed in the office of the State board
of charities and corrections. Each probation officer, before enter-
ing upon the duties of his office, shall take an oath of office, to be
administered by the judge making the appointment.

Upon the request of the judge making an appointment under
this act the council of the city or the board of supervisors of the
county within which such court is located shall fix the amount of
salary which the probation officer so appointed shall receive and shall
make provision for its payment.

The State board of charities and corrections shall establish rules
and regulations pursuant to which appointments under this act
shall be made to the end that such appointments shall be based upon
merit only. .

Whenever any probation officer is appointed by the judge of any
circuit court he may be required by said judge to act as such proba-
tion officer for any county or city within the judicial circuit of
said judge. In this event the counties or cities so designated shall
provide for the salary of such probation officer on a pro rata basis
in proportion to population. In cities the same person may be
designated as probation officer by the judges of two or more courts
and may receive persons on probation from, or investigate cases
for, each of said courts. When more than one probation officer is
appointed by the same court or for the same judicial circuit the
Judge making such appointments may designate one of the officers
as chief probation officer. The officer so designated shall have
supervision over the work of the other officers under the direction
of the court.

2. After a plea or a verdict of guilty in any court having
jurisdiction to hear and determine the offense with which the
prisoner at the bar is charged, if there be circumstances in mitiga-
tion of the offense, and if it appear compatible with the public in-
terest, or in any case after a child has been declared delinquent or
dependent, the court may suspend the imposition or the execution
of sentence, or commitment and may also place the defendant on
probation under the supervision of a probation officer, during good
behavior, for such time and under such conditions of probation as
the court shall determine. The court may subsequently increase
or decrease the probation period and may revoke or modify any
condition of probation. While on probation the defendant may be
required to pay in one or several sums a fine imposed at the time
of being placed on probation, or may be required to make restitu-
tion or reparation to the aggrieved party or parties for actual
damages or loss caused by the offense for which conviction was had,
or may be required to provide for the support of his wife or others
for whose support he may be legally responsible.

The court may revoke the suspension of sentence and cause the
defendant to be arrested and brought before the court at any time
within the probation period, or within the maximum period for
which the defendant might originally have been sentenced to be
imprisoned, whereupon, in case the imposition of sentence has
been suspended, the court may pronounce whatever sentence might
1ave been originally imposed; and in case the execution of the
entence has been suspended, the original sentence shall be in full
force and effect, and the time of probation shall not be taken into
account to diminish the original sentence. In the event that any
person placed on probation shall leave the jurisdiction of the court
without the consent of the judge, or having obtained leave to re-
move to another locality violates any of the terms of his probation,
ne may be apprehended and returned to said court and dealt with
as provided above.

3. The court placing any person on probation may transfer
such person from the supervision of one probation officer to that
of another probation officer, and such transfer shall be reported by
the court to both of such probation officers and to the person on
probation and a record of the transfer shall be filed with the records
of the case or entered upon the records of the court. Whenever a
person placed on probation resides in a locality removed from that
in which the court which placed such person on probation is
situated, or whenever a person on probation desires to remove to a
locality other than that in which the court is situated, the court
placing such person on probation may transfer such person to
a probation officer regularly appointed and authorized to serve for
the locality in which such person resides or to which is to move,
provided such probation officer sends to the court desiring to make
such transfer a written statement that he will exercise supervision
over such person, and provided such statement is approved in
writing by the judge of the court to which such probation officer
is attached. Such probation officer shall report concerning the con-
duct and condition of such probationer at regular intervals to the
judge of the court who placed the defendant on probation.

4, Every probation officer shall thoroughly investigate all cases
referred to him for investigation by any court in which he is serv-
ing and shall report thereon to the court. The probation officer
shall furnish to each person placed on probation under his super-
vision a written statement of the conditions of probation and shall
instruct him regarding the same. Said conditions shall be pre-
scribed by the judge having jurisdiction of the case. The proba-
tion officer shall keep informed concerning the conduct and con-
dition of each person under his supervision by visiting, requiring
reports and in other ways, and shall report thereon at least monthly
to the court placing such person on probation. He shall use all
suitable methods, not inconsistent with the conditions imposed by
the court, to aid and encourage persons on probation and to bring
about improvement in their conduct and condition. He shall keep
detailed records of his work; shall keep accurate and complete
accounts of all moneys collected from persons under his supervi-
sion; shall give receipts therefor, and shall make at least monthly
returns thereof; shall make such reports to the State board of
charities and corrections as it may require; and shall perform
such other duties as the court may direct. Any probation officer
when so directed by the court in which he is serving shall act as
parole officer over persons released from any public correctional
institutions upon request. or with the consent of the governor of
this State, or of the authorities of such institution, as the case may
be. Every probation officer appointed under the provisions of this
act shall have all the powers and authority of a police officer or
of a constable.

5. The State board of charities and corrections is hereby au-
thorized and directed to co-operate in every way possible with the
courts of this Commonwealth in putting this law into operation
and making it effective and useful; it shall conduct examinations
or inquiries as to the fitness of applicants for appointment as
probation officer and shall make recommendations thereon to the
proper courts; it shall prepare standard forms for the use of proba-
tion officers, and shall in general supervise and foster probation
work in this State.