Probation. Section 96. Probation officers; appointment and removal. 98-a. Remand pending investigation. 99. Children; periods of probation. 100. Revocation of probation. § 96. Probation officers; appointment and removal. On or before the first day of September, nineteen hundred and ten, the chief justice of the court of special sessions shall appoint a chief probation officer and similarly each chief city magistrate shall appoint a chief probation officer. The duties of said chief probation officers shall be prescribed by the chief justice and each chief city magistrate respectively. The civilian male and female probation officers of the courts of special sessions of the first and second divisions and the female probation officers of the board of city magistrates of the first division and the female probation officers and civilian male probation officers of the board of city magistrates of the second division shall continue in office, unless and until removed as provided by this act. A majority of the justices of the court of special sessions as constituted by this act shall, on or before the first day of September, nineteen hundred and ten, appoint, in addition to the probation officers continued as aforesaid, civilian probation officers not to exceed twelve in all, including those continued in office as hereinbefore provided. The board of city magistrates of the first division shall appoint ten civilian male probation officers on or before the first day of September, nineteen hundred and ten, and the board of city magistrates of the second division shall appoint five civilian male probation officers in addition to those continued as hereinbefore provided. The majority of the justices of the court of special sessions and of the respective boards of magistrates may from time to time appoint such additional probation officers as the board of aldermen, upon the recommendation of the board of estimate and apportionment, may authorize. On and after the first day of September, nineteen hundred and ten, no police officer shall be designated or act as a probation officer. The chief probation Probation. officers and all other probation officers shall be deemed the confidential officers of the justices and magistrates. The chief justice or the chief city magistrate, as the case may be, or a majority of the justices or a majority of each board of magistrates, may at pleasure remove the chief probation officer or any probation officer. § 97. Powers and duties of probation officers. Each probation officer shall have all the powers and duties conferred upon probation officers by the code of criminal procedure. Probation officers shall keep such records and conform to such rules and regulations as may be established by a majority of the justices or of the respective boards of magistrates, as the case may be. It shall be the duty of the chief justices and each chief city magistrate, respectively, to see that such rules and regulations are observed and that such records are properly kept. So far as may be practicable, certain of the probation officers of the court of special sessions shall be permanently assigned by a majority of the jus tices to the children's courts. § 98. Adults; period of probation. An adult convicted of a misdemeanor may be placed on probation for such time as the court of special sessions may deem proper, not longer, however, than two years. An adult convicted of an offense of which a magistrate has summary jurisdiction may be placed on probation for such time as the magistrate may deem proper, not longer, however, than one year. § 98-a. Remand pending investigation. After a conviction or a plea of guilty the magistrate may remand the defendant for a period not to exceed three days for investigation before pronouncing sentence. (Added by chapter 372 of the Laws of 1913.) § 99. Children; period of probation. A child may be placed on probation for such time as the justice holding the children's court may deem proper, not longer, however, than three years, and such probation period may extend beyond the time such child attains the age of sixteen years. When practicable a child placed on probation shall be placed with a probation officer of the same religious faith as that of the child's parents. Probation. § 100. Revocation of probation. Probation may be revoked at any time within the maximum periods hereinbefore mentioned by the court of special sessions where the person was placed on probation by said court, or by any justice in children's cases, or by any magistrate in cases over which magistrates have jurisdiction; but so far as practicable the revocation of probation of a child shall be made by the justice who placed the child on probation, or of an adult, by the magistrate who placed such adult on probation. Upon such revocation the court, justice or magistrate may make such commitment as could have ordinarily been made if the child or adult had not been placed on probation, and to that end may pronounce any judgment or sentence, or impose any fine, or other penalty, or make any commitment which might have been imposed, or made at the time the conviction was had. Whenever probation is revoked, the court, justice or magistrate, as the case may be, may issue process for the re-arrest of the defendant, and, if arraigned, the court, as it is then constituted. or any justice or magistrate, as the case may be, may proceed to enter judgment and impose sentence as herein provided. Provided further that whenever a defendant has been convicted of having abandoned his wife or children without adequate support or leaves them in danger of becoming a burden upon the public, or who neglects to provide for them according to his means, or who threatens to run away and leave his wife and children a burden upon the public, or is convicted of being a relative of a poor person and of sufficient ability to maintain him, her or them as provided in section six hundred and eighty-three of the charter of the city of New York, on consent of the parties to said proceeding, the magistrate who sentenced the defendant, or the magistrate sitting, in a magistrate's domestic relations court in which said defendant was convicted, if in the judgment of said magistrate it is to the interest of all the parties so to do, may enter an order discontinuing said proceeding and discharge said defendant from probation, imprisonment if said defendant be imprisoned, or cancel any bond or undertaking given therein. (As amended by chapter 757 of the Laws of 1911.) AN ACT to provide for the appointment of a female probation officer in the court of special sessions of the first division of the city of New York, and to compensate her for such services. Chapter 382, Laws of 1902. Section 1. The justices of the court of special sessions of the first division of the city of New York are hereby empowered to appoint a female probation officer in that court. § 2. By and with the consent and concurrence of the board of estimate and apportionment, the justices of this court may fix the compensation of such probation officer at a sum not exceeding one thousand two hundred dollars per annum, payable in equal monthly installments. Letchworth Village. AN ACT to provide for the management of the Eastern New York State Custodial Asylum, to be known hereafter as the "Letchworth Village," and for the admission and control of inmates therein. Chapter 446, Laws of 1909. § 1. The Eastern New York State Custodial Asylum, established by chapter three hundred and thirty-one of the laws of nineteen hundred and seven, as amended by chapter two hundred and ninety-two of the laws of nineteen hundred and eight, is hereby continued by the name and title of "Letchworth Village,' in honor of William Pryor Letchworth of Portage, New York, whose efficient public service in behalf of the feeble-minded, epileptic and other dependent unfortunates the state desires to commemorate. § 2. Appointment and terms of managers. The Letchworth Village shall be under the control of a board of seven managers, to be appointed by the governor by and with the advice and consent of the senate. All such members shall be residents of this state. The terms of the managers appointed after the first seven shall be seven years, except that managers appointed to fill vacancies shall hold office for the unexpired terms of the managers whom they succeed. The term of office of one such manager shall expire on the first Tuesday in February in each year, and in the appointment of the first members of the board the governor shall designate one to serve one year, one to serve two years, one to serve three years, one to serve four years, one to serve five years, one to serve six years, and one to serve seven years. The governor may remove any manager at any time for cause, on giving to such manager an opportunity to be heard. Such managers shall receive no compensation for their time or services, but the actual expenses necessarily incurred by them in the performance of their duties shall be paid in the same manner as the other expenses of the village. § 3. General powers and duties of the managers. The board of managers shall: 1. Have the general superintendence, management and control of the institution over which it is appointed, of the grounds and buildings, officers and employees thereof, of the inmates therein, and of all matters relating to the government and discipline, and shall make such rules and regulations as may seem to it necessary for carrying out the purposes of such institution. 2. Maintain an effective inspection of the affairs and management of the village, for which purpose the board shall meet once in every month at the institution, and at such other times as may be prescribed in the by-laws, but the annual meeting of the board shall be held on the second Wednesday of October. 3. Keep in a book provided for that purpose a full and fair record of its doings which shall be open at all times for the inspection of the members and officers of the state board of charities, the fiscal supervisor of state charities or any person or persons appointed by the governor or either branch of the legislature to examine the same, and shall forward monthly minutes of the meetings of the board and reports of its inspections, to the governor, the state board of charities and the fiscal supervisor, such reports to be signed by the managers present at the meetings. 4. Appoint from among its members a president, secretary and treasurer. The board shall also appoint a superintendent who shall hold office during the pleasure of the board, residing at the institution, and shall, subject to the provisions of the state finance |