Chap. 114.—An ACT making it a misdemeanor for a husband to desert or
neglect to provide for the support of his wife or for a parent to
desert or neglect to provide for the support of his child or children
under the age of sixteen years; prescribing the penalty therefor, and
making provisions for the apprehension and punishment of persons
convicted of non-support, and providing that persons convicted of non-
support shall be sent to the convict road force in certain contingencies;
providing for the taking of recognizances, and for the forfeiture and
enforcement of said recognizances; providing for the appointment of
probation officers and prescribing their duties and powers; and making
chief of police and sheriff probation officers in certain contingencies.

(S. B. 66)
Approved March 17, 1915.

1. Be it enacted by the general assembly of Virginia, That any hus-
band who shall, without just cause, desert or wilfully neglect or refuse
to provide for the support and maintenance of his wife; or any parent
who shall desert or wilfully neglect or refuse to provide for the support
and maintenance of his or her child or children under the age of sixteen
years, she or they being then and there in destitute or necessitous cir-
cumstances, shall be guilty of a misdemeanor, and, on conviction thereof,
shall be punished by a fine of not exceeding five hundred dollars, or in
the case of a husband or father be sentenced to the State convict road
force at hard labor for a period of not less than ninety days or more
than twelve months, or both; or in lieu of such fine being imposed, he or
she may be required to suffer a forfeiture of an amount not exceeding
the sum of five hundred dollars and it may be directed by the court to
be paid in whole or in part to the wife or to the guardian,.curator, custo-
dian or trustee of the said minor child or children, or to some discreet
person appointed by the court or police justice to receive the same.

In the event that the cities of the State or any of them shall estab-
lish work houses or city farms on which prisoners are put to work, persons
convicted of non-support under the provisions of this act may be com-
mitted to said farms or work houses instead of to the convict road force.
Persons sentenced to the State convict road force or to a work house or
city farm, under the provisions of this act shall, when released therefrom,
be placed on probation upon the terms and conditions and in the manner
hereinafter prescribed for the probation of original offenders.

2. Proceedings under this act may be instituted upon complaint
made under oath or affirmation by the wife or child supported by other
evidence, or by any probation officer upon information received, or by
any other person having knowledge of the facts, against any person
accused of either of the above named offenses. It shall be the duty of
the chief of police, sheriff or of the probation officer hereinafter provided
for in any city, town or county of the State when, in his opinion, a person
in his jurisdiction is guilty of failure to support his family, to bring such
person before the court charged with failure to support his wife or
children.

In cities where such courts shall be established, the juvenile and
domestic relations court shall have exclusive original jurisdiction in all
cases arising under this act. In other cities where there is no juvenile
and domestic relations court, justices of the peace, police justices or
corporation courts, and circuit courts may try any case arising under
this act. The person accused shall have the same right of appeal as
provided by law in other cases.

8. At any time before the trial, upon motion of the complainant
and upon notice to the defendant, the judge or police justice may enter
such temporary orders as may seem just, providing for the support of the
neglected wife or children, or both pendente lite, and may punish for
violation of such order as for contempt.

4. Before the trial, with the consent of the defendant, or at the
trial, on entry of a plea of guilty, or after conviction, instead of imposing
the penalties hereinbefore provided, or in addition thereto, the judge or
justice in his discretion, having regard to the circumstances and to the
financial ability or earning capacity of the defendant, shall have the
power to make an order, which shall be subject to change by the court
from time to time, as circumstances may require, directing the defendant
to pay a certain sum periodically either directly or through a probatior
officer to the wife or to the guardian, curator or custodian of the said
minor child or children, or to an organization or individual approved
by the judge or police justice as trustee, and to release the defendant
from custody on probation, upon his or her entering into a recognizance,
with or without surety, in such sum as the judge or police justice may
order and approve. The condition of the recognizance shall be such
that if the defendant shall make his or her personal appearance in court
whenever ordered to do so, within one year, and shall further comply
with the terms of such order of support, or of any subsequent modification
thereof, then such recognizance shall be void, otherwise in full force
and effect.

5. If at any time the judge or police justice be satisfied by infor-
matian and due proof that the defendant has violated the terms of such
order, he may forthwith proceed with the trial of the defendant under
the original charge, or sentence him or her under the original conviction,
or enforce the suspended sentence, or in his discretion may extend or
renew the term of probation, as the case may be. Upon due proof that
the terms of said order have been violated, such judge or justice shall,
in any event, have the power to declare the recognizance forfeited, the
sum or sums recovered thereon shall be paid, in the discretion of the
court, in whole or in part to the defendant’s wife, or to the guardian,
curator, custodian, or trustee of the said minor child or children, or to
an organization or individual approved by the judge or justice. Any
recognizance taken in a juvenile and domestic relations court or before
a police justice, after being forfeited, shall be certified and transmitted
to the circuit court of the county or the corporation court of the city,
and the proceedings thereon shall be as in other cases of forfeited recog-
nizances, and every judgment thereon if not satisfied shall be duly
docketed in said court and in the chancery court of said city, and be
a lien from the time it is so docketed and shall have the force and effect
of other judgements.

6. Proof of desertion of such wife, child or children shall be prima
facie evidence that such desertion, neglect or refusal is wilful.

7. Any offense under this act shall be held to have been committed
in any county or city in which such wife, child or children may be at
the time of desertion, or where the accused shall be found in this State.
Whenever the judge or police justice within whose jurisdiction an offense
under this act is alleged to have been committed shall, after an investi-
gation of the facts and circumstances thereof, certify that in his opinion
the charge is well founded and the case a proper one for extradition, or
in any case if the cost of extradition is borne by the parties interested
in the case, the person charged with having left the State with the in-
tention of evading the terms of his probation or of abandoning or desert-
ing his wife, child or children, shall be apprehended and brought back
to the county or corporation having jurisdiction of the case in accordance
with the law providing for the apprehension and return to this State of
fugitives from justice, and upon conviction punished as hereinabove
provided. Proof that a person has left his wife, child or children in
destitute or necessituous circumstances or has contributed nothing to
their support for a period of sixty days after his departure shall constitute
prima facie evidence of an intention to abandon his said family.

8. The judge of the corporation or of the juvenile and domestic
relations court of any city may, upon the recommendation of the State
board of charities and corrections, appoint and deputize any member or
members of the police of such city, not exceeding three in number, to
act and serve as probation officer or officers as long as the judge of such
court may deem desirable. Such police designated ‘shall, while acting
as such probation officer or officers, be relieved of ordinary detail duties
of the police; but shall otherwise remain subject to suspeusion or removal
by the proper officers of such city, as are the other police therein. The
judge of the circuit court having jurisdiction may, upon the recom-
mendation of the State board of charities and corrections, appoint and
deputize a member of the police force in incorporated towns within his
jurisdiction and constables of the magisterial districts within such Juris-
diction to serve as probation officers; provided, however, that such officer
shall not be relieved of the ordinary detail duties of his office while
acting as such probation officer. Where no such appointment is made
the chief of police of the city or town and the sheriff of the county shall
be, and is, hereby authorized and required to act as such probation officer.
Every probation officer appointed as aforesaid is hereby invested with
all the powers and authority of a police officer or of a constable.

All persons so selected shall faithfully perform the work and duties
which may be prescribed for them by the court or judge above mentioned,
or by said State board of charities and corrections or its secretary under
authority from said board. Such officer or officers so appointed shall
receive no extra compensation over his or their regular pay, except that the
local authorities of a city or town may, if they see fit, pay to such officer
appointed such compensation as they may deem to be reasonable. Each
probation officer shall promptly make all reports which may be required
of him by the State board of charities and corrections, or by the court
or judge above mentioned.

9. The said probation officer shall ascertain the name and address
and such facts in relation to the antecedent history and environment
of the person or persons committed to his charge as may enable him to
determine what corrective measures will be proper in the case, and shall
exercise constant supervision over the conduct of such person or persons,
and make report to the judge or justice whenever he shall deem it neces-
sary, or be required so to do, and he shall use every effort to encourage and
stimulate such person to a refermation. Whenever said chief of police,
sheriff or probation officer shall become satisfied that such person is
violating the direction, rules or regulations given or prescribed by the
judge or police justice, as the case may be, for his conduct, the said
chief of police, sheriff or probation officer, shall have authority to arrest
such person without warrant and carry him before the judge or police
justice before whom he was first brought, or some other judge or police
justice acting in said county or city; and such judge or police justice
may thereupon proceed as provided in section five of this act.

10. All acts and parts of acts in conflict with this act are hereby
repealed.