Chapter 521. To provide for the establishment of a probation system in the United States courts, except in the District of Columbia
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CHAP. 521.— An Act To provide for the establishment of a probation system in the United States courts, except in the District of Columbia. March 4, 1925.[[S. 1042](/us/bill/68/s/1042).][[Public, No. 596](/us/pl/68/596).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That the courts ofUnited States courts.In criminal actions defendant may be placed upon probation after conviction, etc. the United States having original jurisdiction of criminal actions, except in the District of Columbia, when it shall appear to the satisfaction of the court that the ends of justice and the best interests of the public, as well as the defendant, will be subserved thereby, shall have power, alter conviction or after a plea of guilty or nolo contendere for any crime or offense not punishable by death or life imprisonment, to suspend the imposition or execution of sentence and to place the defendant upon probation for such period and upon such terms and conditions as they may deem best; or the court may1260Imposing fine and probation. impose a fine and may also place the defendant upon probation in the manner aforesaid.
The court may revoke or modify any condition*Proviso*.Period limited. of probation, or may change the period of probation: *Provided*, That the period of probation, together with any extension thereof, shall not exceed five years. Other requirements while on probation authorized.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 and may also be required to make restitution or reparation to the aggrieved party or parties for actual damages or loss caused by the offense for which conviction was had, and may also be required to provide for the support of any person or persons for whose support he is legally responsible.
Sec. 2. Report of conduct to court by probation officer. That when directed by the court, the probation officer shall report to the court, with a statement of the conduct of the probationer while on probation. The court may thereupon discharge theAction on. probationer from further supervision and may terminate the proceedings against him, or may extend the probation, as shall seem advisable. Arrest by probation officer.At any time within the probation period the probation officer may arrest the probationer without a warrant, or the court may issue a warrant for his arrest.
Thereupon such probationer shall forthwithArrest, etc., after probation period expires. be taken before the court. At any time after the probation period, but within the maximum period for which the defendant might originally have been sentenced, the court may issue a warrant and cause the defendant to be arrested and brought before the court. Thereupon the court may revoke the probation or the suspension of sentence, and may impose any sentence which might originally have been imposed.
Sec. 3. Appointment of probation officers. That the judge of any United States court having original jurisdiction of criminal actions, except in the District of Columbia, may appoint one or more suitable persons to serve as probation officers within the jurisdiction and under the discretion of the judge makingNo compensation, unless service requires salaried officer. such appointment or of his successor. All such probation officers shall serve without compensation except that in case it shall appear to any such judge that the needs of the service require that there should be a salaried probation officer, such judge may appoint one such officer and shall fix the salary of such officer subject to the*Proviso*.Competitive examinations for salaried position. approval of the Attorney General in each case: *Provided*, That probation officers who are to receive salaries shall be appointed after competitive examination held in accordance with the laws and regulations of the civil service of the United States.
Such judge may in his discretion remove any probation officer serving in hisAppointment, record, etc. court. The appointment of probation officers shall be in writing and shall be entered on the records of the court of the judge making such appointment, and a copy of the order of appointment shallPayment of actual expenses. be delivered to the officer so appointed. Such court may allow any probation officer his actual expenses necessarily incurred in the performance of his duties.
Such salary and expenses when duly approved shall be paid from the appropriations for the courts in which such officer serves. Sec. 4. Investigation of cases. That it shall be the duty of a probation officer to investigate any case referred to him for investigation by the court in whichDuties as to probationers. he is serving and to report thereon to the court. The probation officer shall furnish to each person released on probation under his supervision a written statement of the conditions of probation and shall instruct him regarding the same.
Such officer shall keep informed concerning the conduct and condition of each person on probation under his supervision and shall report thereon to the court placing such person on probation. Such officer shall use all suitable methods, not inconsistent with the conditions imposed by the court,1261 to aid persons on probation and to bring about improvements in their conduct and condition. Each officer shall keep records of hisRecords, accounts, etc. work; shall keep accurate and complete accounts of all moneys collected from persons under his supervision; shall give receipts therefor, and shall make at least monthly returns thereof; shall make such reports to the Attorney General as lie may at any time require; and shall perform such other duties as the court may direct.
APower to arrest. probation officer shall have the power of arrest that is now exercised by a deputy marshal. Sec. 5. That this Act shall take effect immediately. Effective at once. Approved, March 4, 1925.