350.9 79 N5 (3 U, Cr) f L I B 354434 - P1~-- Lllls --- _ II THE 'GIFT OF Fto,. /\, ~, Wooh. PV a e m na ~ e~ d STATE OF NEW YORK THE CRIME LAWS ADVOCATED BY THE Crime Commission of New York State 1928 A L B A N' V J. B. LYON COMPANY, PRINTERS 1928 CRIME COMMISSION CALEB H. BAUMES, Chairman BURTON D. ESMOND, Vice Chairman JOHN KNIGHT DAVID S. TAYLOR B. ROGER WALES THOMAS S. RICE JOSEPH A. McGINNIES GEORGE F. CHANDLER WALTER S. GEDNEY WILLIAM LEWIS BUTCHER JANE M. HOEY HERBERT L. SMITH, Secretary Senate Chamber, Albany SUB-COMMISSIONS On Statistics MR. KNIGHT, Chairman MR. CHANDLER MR. GEDNEY On Causes and Effects of Crime MR. BUTCHER, Chairman MISS HOEY MR. McGINNIES On Police MR. CHANDLER, Chairman MR. TAYLOR MR. RICE On Penal Institutions MR. WALES, Chairman MR. TAYLOR MISS HOEY On Adjustment of Sentences MR. ESMOND, Chairman MR. McGINNIES MR. WALES S'., On Courts MR. BAUMES, Chairman 'MR. RICE MR. BUTCHER MR. KNIGHT MR. ESMOND MR. GEDNEY T, CONTENTS I -a 7z - 3 b Chapter 32-An Act to amend the penal law, in relation to punishment for murder in the second degree. Chapter 170-An Act to amend the penal law, in relation to receivers of stolen goods. Chapter 313-An Act to amend the state departments law, in relation to the department of correction. Chapter 354-An Act to amend the penal law, in relation to receiving stolen property. Chapter 374-An Act to amend the penal law, in relation to the forfeiture of bail. Chapter 460-An Act to amend the code of criminal procedure, in relation to probation. Chapter 485-An Act to amend the prison law, in relation to parole. Chapter 490-An Act to amend the state departments law, in relation to the department of correction. Chapter 521-An Act to amend chapter four hundred and sixty of the laws of nineteen hundred and twenty-six, entitled "An act to provide for the appointment of a temporary commission to examine the crime situation; the administration of justice in criminal cases and punishment for crime, and to make an appropriation therefor," as last amended by chapter one hundred and twenty-three of the laws of nineteen hundred and twentyseven, in relation to report, and making an additional appropriation for such commission. Chapter 625-An Act making appropriations for the department of correction in addition to those made by chapter seventy-five of the laws of nineteen hundred and twenty-eight. Chapter 639-An Act to amend the code of criminal procedure, in relation to bail. Chapter 841 An Act to amend the penal law, in relation to sentence and probation. Chapter 875-An Act to amend the code of criminal procedure, in relation to the identification of criminals, and as to criminal records and statistics. [3] 3 5 N 1$ LAWS OF NEW YORK.- By Authority CHAPTER 32 ANMC to amend the penal law, in relation to 'punishment for murder in the second degree Became a law February 13, 1928, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section ten hundred and forty-eight of the penal law-is hereby amended to read as follows: ~ 1048. Punishment for murder 'in the second degree. Murder in the second degree is punishable by imprisonment under an indeterminate sentence, the minimum of which shall be not less than twenty years and the maximum of which shall be for the offender's natural life; and any person serving a term of imprisonment for life, under an original sentence for murder in the second degree, on the first day of September, nineteen hundred and seven, shall be deemed to be thereafter serving under such an indeterminate sentence. ~ 2. This act shall take effect July first, nineteen hundred and twenty-eight. STATE or Nnw Yonx, Department of State.8: I have compared the preceding with the original law on file in this office, and do herehy certify that the same is a correct transcript therefrom and of theI whole of said original law. ROBERT MOSES Secretary of State [5] LAWS OF NEW YORK.- By Authority CHAPTER 170 AN ACT to amend the penal law, in relation to receivers of stolen goods Became a law February 29, 1928, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The penal law is hereby amended by adding a new section thereto to follow immediately after section thirteen hundred and eight thereof, to be known as section thirteen hundred and eight-a, and to read as follows: ~ 1308-a. Accomplices of receivers. Upon the trial of a person charged with criminally receiving stolen goods under the preceding section the person selling, offering or delivering such goods shall not be deemed an accomplice of the person charged with receiving them, and it shall be competent for the jury to consider the testirhony of the person selling, offering or delivering such goods, notwithstanding the fact that such person may have been charged with their theft, or may have been convicted of their theft or may have previously been convicted of any crime. ~ 2. This act shall take effect July first, nineteen hundred and twenty-eight. STATE OF NEW YORK, Department of State. j " I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a eorrect transcript therefrom and of the whole of said original law. seBERT aryOSES seoretary of tsQte [6] LAWS OF NEW YORK.--By Authority CHAPTER 313 AN ACT to amend the state departments law, in relation to the department of correction Became a law March 9, 1928, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section four hundred and five of the state departments law, entitled "An act providing for the civil departments in the state government, pursuant to article five of the constitution, constituting chapter seventy-eight of the consolidated laws," as added by chapter six hundred and six of the laws of nineteen hundred and twenty-six, is hereby amended to read as follows: ~ 405. Subordinates. Except as otherwise expressly provided in this article, all subordinates in the department shall be appointed by the commissioner of correction; and he may appoint such subordinates as may be necessary for the exercise of the powers and performance of the duties of the department. He shall prescribe their duties and fix their compensation within the amounts appropriated therefor. He may transfer officers and employees from their positions to other positions in the department and may consolidate such positions or may abolish any office or position, except the offices created by this article, and the secretary and employees of the commission of correction. He may suspend or remove from office any officer or employee except the secretary and employees of the state commission of 'correction. ~ 2. Section four hundred and nine of said law as last amended by chapter five hundred and forty-eight of the laws of nineteen hundred and twenty-seven, is hereby repealed and a new section, to be known as section four hundred and nine, is hereby added, to read as follows: ~ 409. Division of probation. 1. The head of the division of probation shall be the director of probation. He shall be appointed by the commissioner of correction. The director of probation shall be in the competitive class of the civil service and shall be paid for his services an annual salary to be fixed by the commissioner of correction within the amount appropriated therefor and shall also receive his necessary expenses actually incurred in the discharge of his official duties. There shall be in such division not less than three probation examiners who shall be in the competitive class of the civil service, whose duties shall be determined by the director of probation, and rules adopted as herein provided. They shall be paid for their services an annual salary to be fixed by the commissioner of correction within the amounts appropriated therefor and shall also receive any necessary expenses actually incurred in the discharge of their official duties. Within the limits of his appropriation, the commissioner of correction may appoint such additional officers and employees as may be necessary. 2. The director of probation shall exercise general supervision [7] Chapter 313 over the administration of probation throughout the state, including probation in children's courts. He shall endeavor to secure the effective application of the probation system and the enforcement of the probation laws throughout the state. With the approval of the commissioner of correction, after consideration by the state probation commission, he shall adopt general rules which shall regulate methods and procedure in the administration of probation, including investigation of defendants prior to sentence, supervision, case work, record keeping and accounting so as to secure the most effective application of the probation system and the most efficient enforcement of the probation laws throughout the state. Such rules shall be binding upon all probation officers and when duly adopted shall have the force and effect of law, but shall not supersede rules that may be adopted pursuant to law by the courts specifically authorized so to do in the city of New York. He shall keep himself informed as to the work of all probation officers and shall from time to time inquire into and report upon their conduct and efficiency. He may investigate the work of any probation bureau or probation officer and shall have access to all records and probation offices. He may issue subpoenas to compel the attendance of witnesses or the production of books and papers. He may administer oaths and examine persons under oath. With the approval of the commissioner of correction he may recommend to the appropriate authorities the removal of any probation officer. He shall transmit to the commissioner of correction not later than February first of each year an annual report of the work of the division of probation for the preceding calendar year, which shall include such information relative to the administration of probation through the state as may be appropriate. He may from time to time transmit to the commissioner of correction other information regarding probation and the operation of the probation system for publication as the commissioner may determine within his appropriation. 3. The state probation commission is continued as constituted under the provisions of this act, relative to membership, powers and duties. It shall consist of seven members, four to be appointed by the state commissioner of correction with the advice and consent of the governor, to hold office during the term of said commissioner and until their successors are appointed. The state commission of correction shall once each year designate one of its members to act as a member of the state probation commission. The state commissioner of correction and the state director of probation shall be members of said state probation commission. The present appointive members of the state probation commission shall continue as members of said commission until the expiration of the terms for which they were appointed, and until their successors are appointed and have qualified. Said probation commission may elect one of its members as chairman. No member of said probation commission shall receive any compensation for his services, but shall be entitled to his actual necessary expenses Chapcter 313 incurred in the performance of his duties. The commissioner of correction may from time to time direct an employee of his department to act as secretary to said probation commission. The duties of the members of said probation commission shall be to attend the meetings of such probation commission, at the time fixed by said commission, or called by the chairman of said commission, and to consider all matters relating to probation in the state, within the jurisdiction of the department of correction, and to advise and consult with the director of probation and the commissioner of correction in regard thereto. 4. The employees of the state probation commission in office when this bill takes effect shall be continued as employees of the state department of correction, until removed as prescribed by law. ~ 3. Article three of the state boards and commissions law is hereby repealed. ~ 4. This act shall take effect July first, nineteen hundred and twenty-eight. STAT E or NEW YORK, Department of State. I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. ROBERT MOSES Beoretary of 8tise LAWS OF NEW YORK.- By Authority CHAPTER 354 AN ACT to amend the penal law, in relation to receiving stolen property Became a law March 14., 1928, with the approval of the Governor. Passed, three-fifths being present The People of the State of New Yo-rk, represented in Senate and Assembly, do onact as follows: Section 1. Section thirteen hundred and eight of the penal law is hereby amended to read as follows: ~ 1308. Buying, receiving, concealing or withholding stolen or wrongfully acquired property. A person who buys or receives any property knowing the same to have been stolen or obtained in any way under circumstances which constitute larceny or who conceals, withholds, or aids in concealing or withholding any property, knowing the same to have been stolen, or appropriat 'ed wrongfully in such a manner as to constitute larceny under the provisions of this article, if such misappropriation has been committed within the state, whether such property were so stolen or misappropriated within or without the state, or who being a dealer in or collector of junk, metals or second hand materials, or the agents, employee or representative of such dealer or collector, buys or receives any wire, cable, copper, lead, solder, iron or brass used by or belonging to a railroad, telephone, telegraph, gas or electric light company, or any metal in the form of ingots, ingot bars, wire bars, cakes, slabs, billets or pigs, or who being a dealer in or collector of second hand books or other literary material, or the agent, employee or representative of such dealer, or collector, buys or receives any book, manuscript, map, chart, or other work of literature, belonging to, or bearing any mark or indicia of ownership by a public or incorporated library, college or university without ascertaining by diligent inquiry, that the person selling or delivering the same has a legal right to do so, is guilty of a f elony, and is punishable by imprisonment for not more than twenty years, or by a -fine of not more than one thousand dollars, or by both such fine and imprisonment. A person who being a dealer in or collector of any merchandise or property, or the agent, employee or representative of such dealer or collector, fails to make reasonable inquiiry that the person selling or delivering any stolen or misappropriated property to him has a legal right to do so, shall be presumed to have bought or received such property knowing it to have been stolen or misappropriated. This presumption may however be rebutted by proof. ~ 2. This act shall take effect July first, nineteen hundred and twenty-eight. STATrsOF NEW YOaR ) Department of State. ~ c I have compared the preceding with the original law on file in this office, aad do hereby certify that the same i's a correct transcript therefrom and of the whole of said original law. ROBERT MOSES Secretary of Sttet LAWS OF NEW YORK.- By Authority CHAPTER 374 AN ACT to amend the penal law, in relation to the forfeiture of bail Became a law March 16, 1928, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The penal law is hereby amended by inserting therein a new section to follow immediately after section six hundred and ninety-four thereof, to be known as section sixteen hundred and ninety-four-a, and to read as follows: ~ 1694-a. Jumping bail. A person who has been admitted to bail in connection with a charge of felony and who wilfully fails to appear as required and thereby incurs a forfeiture of his bail is guilty of a felony if he does not appear or surrender himself within thirty days. ~ 2. This act shall take effect July first, nineteen hundred and twenty-eight. STATE OF NEW YOdRK, Department of State. I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. ROBERT MOSES Seoretary of State [11] LAWS OF NEW YORK.--By Authority CHAPTER 460 AN ACT to amend the code of criminal procedure, in relation to probation. Became a law March 21, 1928, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly. do enact as follows: Section 1. The code of criminal procedure is hereby amended by adding a new title to part six, to be known as title nine, and to read as follows: TITLE IX OF PROCEEDINGS IN RELATION TO PROBATION Section 927. 928. 929. 930. 931. 932. 933. 934. 935. 936. 937. 938. 939. Definitions. Probation officers; appointment; qualifications Compensation. Bonds; accounts. Investigation. Conditions of probation; transfer. Period of probation. Discharge. Violation; revocation; continuation. Duties of probation officers. Powers of probation officers. Probation in criminal courts of record in New York city. Physical, mental and psychiatric examinations, ~ 927. Definitions. For the purposes of this act the following terms have the following meanings: The term "placed on probation" includes suspension of sentence, or suspension of execution of judgment. The term "probationer" means a person placed on probation. The term "probation officer" means one who either investigates for the court prior to sentence or supervises a probationer, or both. The term "court" includes all courts of criminal jurisdiction as well as children's courts, and the judges, justices or magistrates of all such courts. The term "violation of probation" means any one of the following acts or omissions within the period of probation: (a) the commission by the probationer of any additional crime or offense, (b) failure to comply with any of the conditions of his probation, or (c) absconding by remaining away from the jurisdiction of the court or keeping his whereabouts hidden. ~ 928. Probation officers; appointment; qualifications. The court may appoint, and at pleasure remove, such probation officers as may be necessary. The appointment of a probation officer must be made in writing and entered on the records of the court of the magistrate making such appointment and copies of the order of appointment must be delivered to the officer so appointed and filed with the division of probation. All salaried probation officers here[12] 13 Chapter 460 after appointed shall be in the competitive class of the civil service. No such person shall hereafter be eligible for such position who is under twenty-one or over sixty years of age, or who has not had the equivalent of a high school education, or who is not physically, mentally and morally fitted. Such probation officers shall be selected because of definite qualifications as to character, ability and training, and primarily with respect to their capacity for rightly influencing human behavior. The court may also appoint non-salaried, volunteer probation officers when necessary, provided they have the qualification required by salaried officers. ~ 929. Compensation. Except as provided in section nine hundred and thirty-eight, the court shall when necessary certify in writing the need of one or more salaried probation officers to the official body charged with responsibility for appropriating funds for support of government in the political subdivision of the state wherein said court is located. Such body shall then determine whether such need exists and if found to exist it shall fix the salary of each probation officer appointed and appropriate the necessary funds, as well as provide for the necessary expenses of such officer. Whenever an appropriation is made for the salary of a probation officer by a board of supervisors the appointment of such probation officer shall be made by the county judge. If such determination is made, salary fixed and funds appropriated by any other fiscal body the probation officer shall be appointed by the court certifying the need of a probation officer. A probation officer appointed by a county judge shall serve in the supreme and county courts of the county and may with the approval of the county judge receive a person placed on probation by any other court in the county at the request of the magistrate holding such other court except the courts of criminal jurisdiction of cities having a population of more than one million according to the last preceding federal census or state enumeration. ~ 930. Bonds; accounts. Each probation officer who collects or has custody of money, before entering upon the duties of his office, shall execute a bond, pursuant to the provisions of section eleven of the public officers law, in a penal sum to be fixed by the court with sufficient sureties approved thereby, conditioned for the honest accounting for all money received by him as such probation officer. The accounts of all probation officers shall be subject to audit at any time by the proper fiscal authorities. ~ 931. Investigation. Probation officers when directed by the court shall fully investigate and report to the court in writing on the circumstances of the offense, criminal record and social history of a defendant. Whenever desirable and facilities exist therefor they shall also obtain a physical, mental and psychiatric examination of such defendant and report thereon to the court prior to sentence. Such investigations and reports shall be made promptly. The court shall have such information before it prior to sentence. ~ 932. Conditions of probation; transfer. The court shall determine the conditions of probation and may include among them Chapter 460 14 the following, or any other: That the probationer (a) shall avoid injurious or vicious habits; (b) shall avoid places or persons of disreputable or harmful character; (c) shall report to the probation officer as directed by the court or the probation officer; (d) shall permit the probation officer to visit him at his place of abode or elsewhere; (e) shall answer all reasonable inquiries on the part of the probation officer; (f) shall work faithfully at suitable employment; (g) shall remain within a specified place; (h) shall abstain from the use of intoxicating beverages; (i) shall pay a fine in one or several sums; (j) shall make reparation or restitution to the aggrieved parties in an amount not to exceed the actual damage or loss caused by his offense; (k) shall support his dependents; and (1) shall, if a child of compulsory school age, attend school. The court may at any time revise, modify or enlarge the conditions of probation as to any probationer and may transfer his case to another court in the same or in another jurisdiction as the court may determine. ~ 933. Period of probation. The period of probation may not in the case of a child extend beyond his eighteenth birthday; in the case of any other defendant convicted of an offense less than a felony, not beyond three years; and in the case of a defendant convicted of a felony, not beyond five years. If a probationer shall abscond the time during which he remains away or hidden may be added to the period of probation. ~ 934. Discharge. The court may at any time discharge a probationer from further supervision. Unless good reason exists to the contrary, the probationer shall appear before the court in person at the end of his probation or on discharge therefrom and be admonished or commended by the court according to whether his conduct has improved or not. ~ 935. Violation; revocation; continuation. Whenever within the period of probation any probationer shall violate his probation, the court may issue a warrant for his arrest and may commit him with or without bail. On his being arraigned and after an opportunity to be heard the court may revoke or continue his probation. If revoked, the court may impose any sentence it might have originally imposed. ~ 936. Duties of probation officers. It shall be the duty of every probation officer to furnish to each of his probationers a statement of the conditions of probation, and to instruct him with regard thereto; to keep informed concerning his conduct, habits, associates, employment, recreation and whereabouts; to visit his home at least once a month; to aid and encourage him by friendly advice and admonition; and by such other measures as may seem most suitable to bring about improvement in his conduct and condition. Probation officers shall report in writing to the court at least monthly concerning the conduct and condition of probationers; keep records of their work as probation officers; keep accurate and complete accounts of all moneys collected from probationers; give receipts therefor and make at least monthly returns thereof; aid 15 Chapter 460 in securing employment; perform such other duties in connection with such probationer as the court may direct; and make such reports to the state division of probation as it may require. ~ 937. Powers of probation officers. Probation officers may require such reports by probationers as are reasonable or necessary. Probation officers shall be peace officers. Probation officers with the approval of the court may act as parole officers over persons released from penal or reformatory institutions. ~ 938. Probation in criminal courts of record in New York city. The judges of the court of general sessions of the county of New York, or a majority of them, shall appoint a chief probation officer, two deputy chief probation officers, and as many additional probation officers, male or female, clerks, stenographers and other employees, as the requirements of probation in said court, in their judgment demand, and may fix the salary of each appointee in the manner provided by law in relation to clerks and other attaches of said court. All officers and employees in the probation system of the court in office when this act takes effect shall be continued in office during their respective tenures of office. The court may adopt such rules, not inconsistent with laws relating to probation, regulating the method of procedure in relation thereto and governing the powers and duties of probation officers as in their judgment they deem proper. The judges, or a majority of them, of each of the county courts in the counties of Kings, Queens, Bronx and Richmond shall have for their respective courts, the same general power including the power to appoint probation officers, clerks, stenographers and other employees, and to fix their salaries, and shall have the same power to fix the salaries of all chief, deputy chiefs, male or female probation officers or other probation employees now in office or hereafter to be appointed, as have the judges of the court of general sessions of the county of New York as herein provided. All persons discharging the duties of probation officers or investigators, by whatever name known, shall be continued as probation officers in the county courts of the counties of Kings, Queens, Bronx and Richmond, without re-appointment together with the clerks and stenographers assisting them. The judges of the county court of the county of Kings, or a majority of such judges, may appoint a chief probation officer and two deputy chief probation officers for such court if in their judgment it becomes necessary. The judges of the county courts of the counties of Queens, Bronx and Richmond may appoint a chief probation officer for each such court if in their judgment it becomes necessary. ~ 939. Physical, mental and psychiatric examinations. The courts are charged with the duty, in co-operation with the proper fiscal authorities, to provide when practicable clinical facilities, and to adopt necessary rules for the use thereof, for such physical, mental and psychiatric examinations and reports as may be within the required scope of efficient probation investigation and supervision. Chapter 460 16 ~ 17. Section eleven-a of the code of criminal procedure is hereby repealed. ~ 18. This act shall take effect July first, nineteen hundred and twenty-eight. STATE OF NEW YORK, ). Department of State. I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of aaid original law. ROBERT MOSES Beoretary of 8tate LAWS OF NEIW YORK.- By Authority CHAPTER 485 AN ACT to amend the prison law, in relation to parole. Became a law March 21, 1928, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Article eight of chapter forty-seven of the laws of nineteen hundred and nine, entitled "An act relating to prisons, constituting chapter forty-three of the consolidated laws," as amended by chapter two hundred and eighty-six of the laws of nineteen hundred and twelve, chapter three hundred and fiftyeight of the laws of nineteen hundred and sixteen and chapters seven hundred and thirty-six and seven hundred and thirty-seven of the laws of nineteen hundred and twenty-six, is hereby repealed. ~ 2. Such chapter is hereby amended by inserting therein a new article to be article eight thereof, to read as follows: ARTICLE 8 Section 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 221. 222. 223. PAROLE Board of parole; powers and duties. Pre-parole records. Prisoners subject to parole. Reasons for release. Method of release. Conditions of parole. Violation of parole. Retaking of a violator of parole. Board of parole to act on violations of parole. Felony committed while on parole. No discharge from parole. Records. Co-operation.* Application of article. ~ 210. Board of parole; powers and duties. There shall be a board of parole for the prisons of the state constituted and empowered as prescribed in article fifteen of the state departments law. Subject to other provisions of law, such board shall be charged with the duty of determining what prisoners serving an indeterminate sentence in state prisons may be released on parole and when and under what conditions. Such bobard shall also be charged with the duty of supervising all prisoners released on parole from the prisons of the state, of making such investigations as may be necessary in connection therewith, of determining whether violation of parole conditions exists in specific cases and of deciding the action to be taken with reference thereto, and of aiding paroled prisoners to secure employment. It shall also be the duty of the members of such board to personally study the prisoners confined in the * So in original. [Does not conform to section heading.] [171 Chapter 485 18 prisons of the state under indeterminate sentence, so as to determine their ultimate fitness to be paroled. ~ 211. Pre-parole records. As each prisoner sentenced under an indeterminate sentence is received in the prisons of the state, it shall be the duty of the parole board while the case is still fresh to cause to be obtained and filed information as complete as may be obtainable at that time with regard to each such prisoner. Such information shall include a complete statement of the crime for which he is then sentenced, the circumstances of such crime, the nature of his sentence, the court in which he was sentenced, the name of the judge and district attorney and copies of such probation reports, as may have been made as well as reports as to the prisoner's social, physical, mental and psychiatric condition and history. It shall be the duty of the clerk of the court and of all probation officers and other appropriate officials to. send such information as may be in their possession or under their control to the board of parole upon request. The board of parole shall also at that time obtain and file a copy of the complete criminal record of such prisoner including any children's court record that may exist. When all such existing available records have been assembled, they shall be presented to the board of parole or to some officer designated by it, who shall determine whether any further investigation of such prisoner is necessary at that time, and, if so, the nature of such investigation, and shall thereupon order it to be made. Such investigations shall be made while the case is still recent, and the results of them with all other information shall be filed in the office of the department of correction so as to be readily available when the parole of such prisoner is being considered. ~ 212. Prisoners subject to parole. Every person sentenced to an indeterminate sentence and confined in a state prison who has never before been convicted of a crime punishable by imprisonment in a state prison, when he has served a period of time equal to the minimum sentence imposed by the court for the crime of which he was convicted, shall be subject to the jurisdiction of the board of parole. The time of his release shall be discretionary with the board of parole, but no such person shall be released until he has served such minimum sentence nor until he shall have served one year. The action of the board of parole in releasing prisoners shall be deemed a judicial function and shall not be reviewable if done according to law. ~ 213. Reasons for release. No prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the board of parole is of opinion that there is reasonable probability that, if such prisoner is released, he will live and remain at liberty without violating the law, and that his release is not incompatible with the welfare of society. If the board of parole shall so determine, such prisoner shall be allowed to go upon parole outside of prison walls and inclosure upon such terms and conditions as the board shall prescribe, but to remain while thus on parole in the legal custody of the war 19 Chapter 485 dex of the prison from which he is paroled, until the expiration of the maximum term specified in his sentence. ~ 214. Method of release. The release of a prisoner on parole shall not be upon the application of the prisoner, but solely upon the initiative of the board of parole. No application for release on parole made by a prisoner or on his behalf shall be entertained by the board of parole. At least one month prior to the expiration of the minimum term of each prisoner eligible for parole, it shall be the duty of the board of parole to cause to be brought before it all information with regard to such prisoner referred to in section two hundred and eleven. In. addition, it shall have before it a report from the warden of each prison in which such prisoner has been confined as to the prisoner's conduct in prison, with a detailed statement as to all infractions of prison rules and discipline, all punishments meted out to such prisoner and the circumstances connected therewith, as well as a report from each such warden as to the extent to which such prisoner has responded to the efforts made in prison to improve his mental and moral condition, with a statement as to the prisoner's then attitude towards society, towards the judge who sentenced him, towards the district attorney who convicted him, towards the policeman who arrested him, and how the prisoner then regards the crime for which he is in prison and his previous criminal career. In addition, the board shall have before it a report from the superintendent of prison industries giving the prisoner's industrial record while in prison, the average number of hours per day that he has been employed in industry, the nature of his occupations while in prison and a recommendation as to the kind of work he is best fitted to perform and at which he is most likely to succeed when he leaves prison. Such board shall also have before it the report of such physical, mental and psychiatric examinations as have been made of such prisoner which so far as practicable shall have been made within two months of the time of his eligibility for parole. The board of parole shall also have before it the report of one of its members giving his personal views and recommendations as to the prisoner, and, before releasing any prisoner on parole, shall have the prisoner appear before such board and shall personally examine him and check up so far as possible the reports made by prison wardens and others mentioned in this section. Such board shall reach its own conclusions as to the desirability of releasing such prisoner on parole. No prisoner shall be released on parole except by the unanimous vote of the board of parole, nor unless the board is satisfied that he will be suitably employed in self-sustaining employment if so released. In the event that one member of the board is temporarily for any cause incapable to act, he must make and file in the office of the department of correction a certificate of the fact and thereupon the commissioner of corrections shall designate another person to act in his place during such temporary incapacity of such member. ~ 215. Conditions of parole. The board of parole in releasing a Chapter 485 20 prisoner on parole shall specify in writing the conditions of his parole, and a copy of such conditions shall be given to the parolee. A violation of such conditions may render the prisoner liable to arrest and re-imprisonment. The board shall adopt general rules with regard to conditions of parole and their violation and may make special rules to govern particular cases. Such rules, both gereral and special, may include, among other things, a requiremrent that the parolee shall not leave the state without the consent (fj! the board, that he shall contribute to the support of his dependents, that he shall make restitution for his crime, that he shall abandon evil associates and ways, that he shall carry out the instructions of his parole officer and in general so comport himself as such officers shall determine. ~ 216. Violation of parole. If the parole officer having charge of Sparoled prisoner or any member of the board of parole shall have reasonable cause to believe that such prisoner has lapsed, or is probably about to lapse, into criminal ways or company, or has violated the conditions of his parole in an important respect, such parole officer or any member of the board of parole shall report such fact to the commissioner of correction, who thereupon shall issue a warrant for the retaking of such prisoner and his return to the prison designated. ~ 217. Retaking of a violator of parole. Any parole officer, or any officer authorized to serve criminal process, or any peace officer to whom such warrant shall be delivered is authorized and required to execute such warrant by taking such prisoner and returning him to the prison from which he was released on parole, there to be held to await the action of the board of parole. Such officer, other than an officer of the prison or parole officer, shall be entitled to receive the same fees therefor as upon the execution of a warrant of arrest at the place where said prisoner shall be retaken, and as for transporting a convict from the place of arrest to the prison, in case such officer also transports said prisoner to the prison. Such fees of the officer, other than a prison officer or parole officer, and the expenses of a parole or prison officer in executing such warrant, shall be paid by the agent and warden of the prison out of the moneys standing to the credit of such paroled prisoner, if any or sufficient therefor, and otherwise out of the funds of the prison, in which case such expenses shall be charged against and deducted from any moneys which may stand to the credit of such prisoner in the future. ~ 218. Board of parole to act on violations of parole. Whenever there is reasonable cause to believe that a prisoner who has been paroled has violated his parole, the board of parole at its next meeting shall declare such prisoner to be delinquent and time owed shall date from such delinquency. The warden of each prison shall promptly notify the board of parole of the return of a paroled prisoner charged with violation of his parole. Thereupon, such board of parole shall, as soon as practicable, hold a parole court at such prison and consider the case of such parole violator, who 21 Chapter 485 shall be given an opportunity to appear personally, but not through counsel or others, before such board of parole and explain the charges made against him. The board of parole shall within a reasonable time act upon such charges, and may, if it sees fit, require such prisoner to serve out in prison the balance of the maximum term for which he was originally sentenced calculated from the date of delinquency or such part thereof as it may determine, or impose such punishment as it deems proper, subject to the provisions of the next section. ~ 219. Felony committed while on parole. If any prisoner be convicted of a felony committed while on parole, he shall, in addition to the sentence which may be imposed for such felony, and before beginning to serve such sentence, be compelled to serve in state's prison the portion remaining of the maximum term of the sentence on which he was released on parole from the time of such release on parole to the expiration of such maximum. No such person shall be eligible for any further parole at any time. ~ 220. No discharge from parole. Conditional and absolute discharge from parole heretofore existing are both hereby abolished. No person released on parole shall be discharged from parole prior to the expiration of the full maximum term for which he was sentenced. The board of parole, however, may relieve a prisoner on parole from making further reports and may permit such prisoner to leave the state, or country, if satisfied that this is for the best interests of society. ~ 221. Records. The board of parole shall cause complete records to e kept of every prisoner released on parole. Such records shall contain the finger prints, aliases and photograph of each such prisoner, and the other information referred to in this act, as well as all reports of parole officers with relation to such prisoner. Such records shall be filed in the central bureau of criminal identification, records and statistics in the office of the department of correction and shall be organized in accordance with the most modern methods of filing and indexing so that there will always be immediately available complete information about each such prisoner. The commissioner of correction may make rules as to the privacy of such records and their use by others than the board of parole and its staff. ~ 222. Cooperation; right of access to prisons. The warden of each prison and all officers and employees thereof and of the department of correction and all other public officials shall at all times cooperate with the board of parole, and shall furnish to such board, its officers and employees such information as may be necessary to enable it to perform its functions, and such wardens and other employees shall at all times give the members of such board, its officers and employees free access to all prisoners confined under an indeterminate sentence in the prisons of the state. ~ 223. Application of article. The provisions of this article shall apply to every person sentenced to an indeterminate sentence on or after July first, nineteen hundred and twenty-eight, and Chapter 485 22 confined in a state prison and who has never before been convicted of a crime punishable by imprisonment in a state prison. It shall not apply to any other persons. All provisions of law applying to the parole of prisoners sentenced to prison before July first, nineteen hundred and twenty-eight and repealed by this act shall be transferred to the rules of the board of parole and shall continue to have the same force and effect of law as before this repeal. ~ 3. This act shall take effect July first, nineteen hundred and twenty-eight. STATE OF NEW YORx, ) Department of State. I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. ROBERT MOSES 2eoretary of Stote LAWS OF NEW YORK.- By Authority CHAPTER 490 AN ACT to amend the state departments law, in relation to the department of correction Became a law March 21, 1928, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section four hundred and eight of the state departments law, entitled "An act providing for the civil departments in the state government, pursuant to article five of the constitution, constituting chapter seventy-eight of the consolidated laws," is hereby amended to read as follows: ~ 408. Division of parole. 1. Board of parole. There is hereby created a board of parole. It shall consist of three members, as follows: The warden of the prison in which the candidate for release is held; the commissioner of correction; and a full time member who shall be the second assistant commissioner of correction to be appointed by the commissioner of correction, whose term of office shall be coterminous with that of the commissioner of correction. The members of such board shall receive their necessary expenses actually incurred in the discharge of their official duties. Such board shall have the powers and perform the duties imposed upon it by the prison law and other statutes. The principal office of the board of parole shall be at Albany in the department of correction. The board shall transmit an annual report of its work for the preceding calendar year to the commissioner of correction not later than February first of each year, in which shall be given a properly classified and detailed statement relative to parole work and such other information as the board may determine. Such report shall be included in the report of the commissioner of correction to the legislature each year. The board of parole shall meet at each of the state prisons of the state at such times as may be necessary, for full study of the cases of all prisoners eligible for release on parole, and to determine when and under what conditions, and to whom such parole may be granted. In all cases where alleged violation has occurred, the question of delinquency shall be determined and cases of all parole violators returned shall be acted upon as provided by the rules and regulations. Other places of meetings may be also fixed by said board. A majority of the board shall constitute a quorum for the transaction of all business other than the release of a prisoner on parole. The board shall make rules for the conduct of its work. 2. Second assistant commissioner of correction. The commissioner of correction shall appoint a second assistant commissioner of correction who shall be in the competitive class of the civil service. He shall receive his necessary expenses actually incurred in the discharge of his official duties. He shall devote his whole time and capacity to the duties of his office as member of the parole board and head of the division of parole. He shall be the adminis[23] Chapter 490 24 trative officer of the board of parole. It shall be his duty to direct and supervise the work of the division of parole. He shall formulate methods of investigation and supervision in parole work and develop various processes in the technique of the case-work of his staff, including interviewing, consulting of records, analysis of information, diagnosis, plan of treatment, or correlation of effort by individuals and agencies, and methods of influencing human behavior. It shall be his duty, besides constantly scrutinizing and supervising the work of his staff, to constantly imbue them with proper standards and ideals of work. A library shall be provided in the department of correction containing the leading books on parole, probation, and other correctional activities, together with reports and other documents on correlated topics of criminology and social work. 3. Director of parole. The commissioner of correction shall appoint a director of parole who shall be immediately in charge of the office work, parole records, and field activities of parole officers. 4. Parole officers. There shall be a staff of at least fourteen parole officers. Such parole officers shall be appointed by the commissioner of correction, and shall be in the competitive class of the civil service. No person shall be eligible for the position of parole officer who is under twenty-one or over sixty years of age, or who has not had the equivalent of a high school education, or who is not fitted physically, mentally and morally. Parole officers shall be selected because of definite qualifications as to character, ability and training and, primarily, with respect to their capacity for influencing human behavior; they shall be persons likely to exercise a strong and helpful influence upon offenders. Parole officers shall receive for their services an annual salary to be fixed by the commissioner of correction within the amounts appropriated therefor and shall also receive their necessary expenses actually incurred in the discharge of their official duties. A parole officer shall be detailed to each prison. The parole officers shall administer the provisions of law and the rules relating to parole and the supervision of prisoners under the jurisdiction of the parole board. It shall be the duty of such officers to aid paroled prisoners in securing employment and to visit and exercise supervision over them while on parole, and they shall have such authority and perform such other duties as the commissioner of correction may direct. ~ 2. This act shall take effect July first, nineteen hundred and twenty-eight. STATE OF NEW YO, ) Department of State. 88: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. ROBERT MOSES &eoretary of State LAWS OF NEW YORK.- By Authority CHAPTER 521 AN ACT to amend chapter four hundred and sixty of the laws of nineteen hundred and twenty-six, entitled "An act to provide for the appointment of a temporary commission to examine the crime situation; the administration of justice in criminal cases and punishment for crime, and to make an appropriation therefor," as last amended by chapter one hundred and twenty-three of the laws of nineteen hundred and twenty-seven, in relation to report, and making an additional appropriation for such commission Became a law March 23, 1928, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enaot as follows: Section 1. Section two of chapter four hundred and sixty of the laws of nineteen hundred and twenty-six, entitled "An act to provide for the appointment of a temporary commission to examine the crime situation, the administration of justice in criminal cases and punishment for crime, and to make an appropriation therefor," as last amended by chapter one hundred and twenty-three of the laws of nineteen hundred and twenty-seven, is hereby amended to read as follows: ~ 2. Duties of the commission. The commission shall examine the crime situation in New York state with especial consideration of robbery, burglary, murder and theft amounting to grand larceny, and shall examine the procedure, methods and agencies concerned with the detection of crime, the apprehension, bailing, prosecution and trial of persons accused of crime, and the punishment, treatment, and pardon of convicted persons, and all other matters which have relation directly or indirectly to the crime situation in this state. The commission shall report to the legislature on or before March first, nineteen hundred and twenty-nine, its findings and recommendations and drafts of bills necessary to carry them out. It shall recommend to the various departments, bureaus. commissions and officers of the state or of any political subdivision thereof, drafts of municipal laws, or rules or regulations which it considers necessary to carry out its recommendations and shall submit copies of such recommendations to the legislature as part of its report. ~ 2. There is hereby appropriated out of any money in the state treasury, not otherwise appropriated, the sum of fifty thousand dollars ($50,000), or so much thereof as may be needed, for the purposes of such commission heretofore or hereafter incurred. Payments from such appropriation shall be made on vouchers signed and approved by the chairman of the commission or a member designated by him, or by such officer or employee of the commission as the commission may designate by resolution foi such purpose, on a form to be approved by the comptroller. ~ 3. This act shall take effect immediately. STATE OF NEW YORK, ) Department of State. I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. ROBERT MOSES Secretary of iRtate [25] LAWS OF NEW YORK.- By Authority CHAPTER 625 AN ACT making appropriations for the department of correction in addition to those made by chapter seventy-five of the laws of nineteen hundred and twenty-eight Became a law March 27, 1928, with the approval of the Governor. Passed, on message of necessity, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. In addition to the sums appropriated by chapter seventy-five of the laws of nineteen hundred and twenty-eight for the department of correction, the following appropriations are hereby made for the fiscal year commencing July first, nineteen hundred and twenty-eight: PERSONAL SERVICE Division of Identification and Statistics Photographer............................... $2,200 00 Fingerprint indexer, senior grade................. 1,600 00 Fingerprint indexer, junior grade, 2 at $1,440........ 2,880 00 Assistant statistician.............................. 2,500 00 Tabulating machine operator...................... 1,320 00 Stenographer..................................... 1,200 00 Statistical clerk................................. 1,200 00 Division of Parole Parole officer, supervising......................... 500 00 Parole officer, 13 at $200 each..................... 2,600 00 Division of Probation The appropriation made by chapter seventy-five of the laws of nineteen hundred and twenty-eight, "Secretary $4,000" is hereby made to read "Director $5,000"...................................... 1,000 00 Examiner, 3 at $3,000........................... 9,000 00 Stenographer.................................... 1,200 00 MAINTENANCE AND OPERATION Printing......................................... 3,700 00 Equipment, supplies and materials.................. 4,800 00 Traveling expenses............................... 3,500 00 Communication................................. 1,500 00 ~ 2. This act shall take effect immediately. STATE OF NEW YORK, ) Department of State. 8s: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. ROBERT MOSES Secretary of State [26] LAWS OF NEW YORK.- By Authority CHAPTER 639 AN ACT l amend the code of criminal procedure, in relation to bail Became a law March 27, 1928, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enacot as follows: Section 1. Section five hundred and fifty-five of the code of criminal procedure is hereby amended to read as follows: ~ 555. Nature of bail after conviction. After the conviction of a crime not punishable with death or life imprisonment a defendant who has appealed, and when there is a stay of proceedings, but not otherwise, may be admitted to bail: 1. As a matter of right, when the appeal is from a judgment imposing a fine only; 2. As a matter of discretion in all other cases, except that (a) if the defendant convicted is a fourth offender under section nineteen hundred and forty-two of the penal law, or, (b) if the defendant is convicted of a felony committed while armed with a weapon as provided in section nineteen hundred and forty-four of the penal law, he shall not be admitted to bail. ~ 2. This act shall take effect July first, nineteen hundred and twenty-eight. STATE OF NEW YORK, Department of State. I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of Mid original law. ROBERT MOSES Secretary of Stet. [27] LAWS OF NEW YORK.- By Authority CHAPTER 841 AN ACT to amend the penal law, in relation to sentence and probation Became a larw April 6, 1928, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as followos: Section 1. Section twenty-one hundred and eighty-eight of the penal law is hereby amended to read as follows: ~ 2188. Suspending sentence; suspending execution of judgment; probation. The court, judge, justice or magistrate authorized to impose sentence upon conviction may, except as otherwise provided in this section, (1) suspend sentence, or (2) may impose sentence and suspend the execution of the judgment. In either such case he may place the defendant on probation. Neither sentence, nor the execution thereof, shall be suspended, nor the defendant placed on probation (a) if convicted of a crime punishable by death or life imprisonment, or (b) if the defendant convicted is a fourth offender under section nineteen hundred and forty-two, or (c) if the person is convicted of a felony committed while armed with a weapon as provided in section nineteen hundred and forty-four. No person, however, shall be placed on probation until an investigation and report shall have been made of the circumstances of his offense, his criminal record, if any, and his social history and presented to and considered by the court, judge, justice or magistrate. In case of a felony, before the sentence or execution of judgment may be suspended or the defendant placed on probation, the district attorney shall have been given an opportunity to be heard and the court shall enter in the minutes the reasons for such action. The court may, at any time within the term of such defendant's probation or of the sentence to which he is liable, revoke the order suspending sentence or its execution and may impose such sentence or make such commitment as might have been made at the time of the conviction. Provided, however, that the imprisonment directed by the judgment, shall not be suspended or interrupted after such imprisonment shall have commenced. ~ 2. This act shall take effect July first, nineteen hundred and twenty-eight. STATE OF NEW YORK, ) Department of State. I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. ROBERT MOSES Seoretacry of State [28] LAWS OF NEW YORK.- By Authority CHAPTER 875 AN ACT to amend the code of criminal procedure, in relation to the identification of criminals, and as to criminal records and statistics Became a law April 7, 1928, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The synopsis of title ten of part six of the code of criminal procedure is hereby amended to read as follows: TITLE X OF CRIMINAL IDENTIFICATION, RECORDS AND STATISTICS Section 940. 941. 942. 942-a. 943. 944. 945. 945-a. 946. 946-a. 947. 948. 948-a. 949. Identifying criminals; taking of finger-prints. Forwarding finger-prints for identification. Commissioner of correction to classify, identify and report. Information to be presented to the court. Finger-prints and other records to accompany the prisoner. Cooperation with federal bureau of identification. Central bureau of criminal identification. Old records to be consolidated. Records at Washington and New York city. Interchange of records. Statistics. Commissioner of correction to report to legislature. Further reports on crime. Officers to furnish information. ~ 2. Sections nine hundred and forty-one to nine hundred and forty-six inclusive of said code are hereby repealed. ~ 3. The said title is hereby further amended by inserting therein fourteen new sections to be known as sections nine hundred and forty to nine hundred and forty-nine inclusive and to read as follows: ~ 940. Identifying criminals; taking of finger-prints. In order that the courts and public officials dealing with criminals may have accurate information as to the identity of persons charged with crime, there is hereby conferred and imposed upon the chief of police or peace officer performing such functions, in each city, town and village, and upon sheriffs, members of the state constabulary, the railway police, the aqueduct police, the state park police and all other peace officers making arrests, the power and duty of causing to be taken, upon arrest, finger and thumb prints, and if necessary the photograph, of every person arrested and charged with a felony or with any of the misdemeanors and offenses specified in section five hundred and fifty-two of this code. ~ 941. Forwarding finger-prints for identification. Upon the taking of such finger-prints two copies thereof shall be promptly [ý9] Chapter 875 30 forwarded by such police or peace officer to the state central bureau of criminal identification of the department of correction at Albany with such information as may be available as to any previous record of the person arrested and the circumstances of the crime charged and for which he is then held, with a request that all information on file in the department of correction as to the previous record, if any, of such person be forthwith transmitted to the police or peace officer from whom such request emanates. ~ 942. Commissioner of correction to classify, identify and report. Upon receipt of such finger-prints, it shall be the duty of the commissioner of correction to cause them to be classified, if not already classified, and to cause his records to be searched for information as to the previous record, if any, of the person to whom such finger-prints pertain, and to promptly transmit to the police or peace officer from whom they came full information as to such previous record. If there is no previous record he shall report that fact. The report of the commissioner of correction certifying to the previous criminal record of any person shall be presumptive evidence of the facts so certified. ~ 942-a. Information to be presented to the court. Upon receipt of such information from the state department of correction, the chief of police or other peace officer to whom such information has been sent shall promptly transmit such information and any other information in his possession with regard to the case to the district attorney of the county. After the person concerned has been found guilty, and not otherwise, the said district attorney shall submit to the judge, justice or magistrate before whom the prisoner is arraigned for sentence, the information received from such department of correction and all other information available, including any reports that may have been made as a result of a mental, psychiatric or physical examination of such person, provided, however, that nothing herein contained shall be construed to modify, interfere with, or change the present system for forwarding to or furnishing information for the use of a court to authorized probation officers of the court. The clerk of the court in which the prisoner is arranged* shall promptly report to the state department of correction and to the chief of police or peace officer who made the arrest the sentence of the court, or other disposition, of such person. ~ 943. Finger-prints and other records to accompany the prisoner. Hereafter whenever a person is convicted of a felony or of any of the misdemeanors and offenses specified in section five hundred and fifty-two, before sentencing such person the court shall have before it the fullest information available as to the previous criminal record, if any, of such person, as well as his social history, including any reports that may have been made as a result of a mental, psychiatric or physical examination of such person. Such information, in addition to that required by section four hundred and eighty-five-a, with a copy of the prisoner's finger*So in original. (Evidently should be "arraigned.") 31 Chapter 875 prints duly certified by the clerk of such court, in a sealed envelope, shall accompany such person to the prison, reformatory, penitentiary or other penal institution in which he is to be confined; and shall be brought to the attention of the head of such institution at the time of the prisoner's arrival and shall remain there while the prisoner is therein confined. Upon the arrival of a prisonerat at any such institution his finger-prints shall be at once taken and shall be compared with those on such record, for the purpose of making sure that such person is the same person as the person so convicted. If found not to be the same person he shall be forthwith returned to the court from which he was committed, with a statement to that effect. ~ 944. Cooperation with federal bureau of identification. Upon receipt of finger-print records from a chief of police or other peace officer, the commissioner of correction, unless there is on file in his office a recent report from the federal bureau with reference to the person in question, shall promptly transmit one copy of such finger-prints to the bureau of criminal identification of the United States department of justice at Washington with a request for information as to what records, if any, are there on file with reference to such finger-prints. Upon receipt of such information from Washington, the commissioner of correction shall file it with the records of such finger-prints in the department of correction, at Albany, and shall also cause the details of such report to be forthwith transmitted to the chief of police or other peace officer from whom the finger-prints emanated. ~ 945. Central bureau of criminal identification. There is hereby established in the division of criminal identification, records and statistics of the department of correction at Albany a central bureau of criminal identification, records and statistics in which shall be kept systematically on file, in accordance with the latest methods, complete finger-print records and photographs of persons charged with or convicted of crime. The nucleus of such records shall be the records now on file in the department of correction, which shall be added to by the reports of police and peace officers as provided for in this act. In addition to such finger-print records, the commissioner of correction may keep such other information with reference to criminals and their records and methods of work as may seem to him desirable to accomplish the ends sought by this act. The commissioner of correction shall determine the form of such records which, so far as may be practicable, shall coincide with those of the bureau of criminal identification of the United States department of justice, in order to permit easy interchange of records throughout the nation. ~ 945-a. Old records to be consolidated. As rapidly as his appropriations and his work will permit, the commissioner of correction shall transfer from the various state prisons, penitentiaries, reformatories and other penal institutions of the state the individual records of the criminal histories of persons now and heretofore Chapter 875 32 confined in such prisons, penitentiaries, reformatories and institutions, and shall consolidate them in the central bureau of criminal identification at Albany. It shall be the duty of the heads of all such institutions upon request of the commissioner of correction to transmit to him such individual records and individual case histories of persons so confined. There shall, however, be maintained at all such institutions during the time that prisoners are therein confined complete individual case histories of each prisoner so confined. ~ 946. Records at Washington and New York city. The commissioner of correction shall, as soon as practicable, have all existing criminal records in the department of correction compared with similar criminal records on file in the police department of the city of New York and with similar criminal records on file in the bureau of criminal identification of the United States department of justice at Washington, and any information that is on file in either of such places shall be added to his records, to the end that such records shall be made as complete as possible. In order to accomplish the bringing up to date of these old files the commissioner of correction is authorized to contract with any firms, individuals or corporations for the rewriting of such records on new forms, the furnishing of such forms and the general re-establishment and consolidation of such old files, in order that the current work of the department may be kept up to date, and these old files brought into current use at the earliest possible moment. ~ 946-a. Interchange of records. Upon request, the commissioner of correction shall promptly furnish from the records on file in his department full information as to the criminal history of any person, to the chief of police of any city, town or village either within or without the state and to all public officials having a legitimate interest therein. The commissioner may adopt regulations with regard thereto. All individual records on file in the central bureau of criminal records shall be kept safely locked up when such bureau is not open. ~ 947. Statistics. The division of criminal identification, records and statistics of the department of correction shall prepare annually reports of criminal statistics giving the statistics of orime and criminals in the state for each year. Such reports shall be a true and accurate picture, so far as is possible, of the crime situation in the state. They shall set forth the number and nature of all crimes reported or known to the police, of persons arrested, of persons granted bail and denied bail, of persons tried by the criminal courts and the action taken with relation thereto. Of persons convicted such reports shall show the sex, age, nativity, occupation, marital state, whether native born or alien, degree of education, religious instruction, whether of temperate or intemperate habits, whether previously convicted of any crime and the number of such convictions, and for what crimes convicted, whether a dweller in a city or in the rural districts and whether parents are living or dead. Of persons convicted, 33 Chapter 875 such reports shall also show the number convicted by trial and on a plea of guilty, the number in which counsel was assigned by the court, the number in which a mental examination was had, the number fined, the number in which sentence was suspended, the, number in which an appeal was taken and the result of such appeals. Such reports shall also show the number and nature of persons placed on probation, of persons whose probation is revoked, of persons committed to and released from state, county and local prisons and other penal institutions, of persons committed to and released from reformatory institutions, of persons released on parole or whose sentence is commuted, and the unexpired period of such sentence, of persons pardoned by the governor, and such other information of statistical value as the commissioner of correction shall determine. For purpose of these reports crimes shall be broadly classified as offenses against the person, offenses against property with violence, offenses against property without violence, and shall be further classified in such ways as may be appropriate to present the full facts about crime. ~ 948. Commissioner of correction to report to legislature. The commissioner of correction shall on or before February fifteenth in each year transmit to the legislature the report of crime and criminals for the preceding calendar year provided for in section nine hundred and forty. Such report shall be in printed form and a sufficient number of copies shall be printed by the commissioner of correction to enable him to send a copy to all public officials in the state dealing with criminals, as well as to make a general distribution of it in channels where it will add to the public enlightenment. ~ 948-a. Further reports on crime. It shall be the duty of the head of the division of criminal identification, records and statistics to study constantly from the records in his charge and from other available sources the facts about crime and, from time to time, to make special reports at the request of the commissioner of correction on various aspects of the subject to the commissioner of correction with charts, graphs, maps, diagrams and illustrative material which may be included in the annual report or published from time to time in the discretion of the commissioner of correction. ~ 949. Officers to furnish information. It is hereby made the duty of every clerk of every criminal court, both of courts of record and otherwise, including magistrates' courts and justices' courts, or if there be no clerk, of every judge or justice of such court, and of every district attorney, and every head of every department, bureau and institution, state, county and local, dealing with criminals, and of every other officer or person whose duties make him the appropriate officer, to transmit, not later than the fifteenth day of each calendar month, to the commissioner of correction such information as may be necessary to enable him to comply with the provisions of section nine hundred and forty-seven. Such reports shall be made upon forms which shall be supplied by the Chapter 875 34 commissioner of correction. For every neglect to comply with the requirements of this section, the person responsible shall be guilty of a misdemeanor punishable by a fine of one hundred dollars. ~ 4. This act shall take effect July first, nineteen hundred and twenty-eight. STATE OF NEW YORK, Department of State. 8 I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. ROBERT MOSES Heoretary of State INDEX Subject Chapter Accomplice; thief not, of receiver................Penal law ~ 1308-a 170 Appeal Bail denied in certain cases................ Code Orim. Proc. ~ 555 639 Appropriation Crime Commission............................................ 521 Department of Correction................................... 625 Bail Jumping; when felony.......................Penal law ~ 1694-a 374 Limited, on appeal after conviction.........Code Crim. Proc. 1~ 555 639 Code of Criminal Procedure Bail after conviction..................................~ 555 639 Finger print records........................... ~~ 940-946-a 875 Identification of criminals................................ ~ 940 875 Probation; proceedings in relation to...................~~ 927-939 460 Statistics of crime...................................... ~ 947 875 Crime, reports relating to...............Code Crim. Proc. ~~ 948-949 875 Crime Commission Continuation of.......................................... 521 Definitions Probation proceedings..................... Code Crim. Proc. ~ 927 460 Department of Correction Bureau of Identification, Records and Statistics. Code Crim. Proc. ~ 945 875 Parole, division of..........................State Dept. law ~ 408 490 Probation, division of..................... State Dept. law ~ 409 313 Evidence Presumption against receivers of stolen property...Penal law ~ 1308 354 Testimony of thief competent against receiver....Penal law ~ 1308-a 170 Examinations Physical, mental and psychiatric...........Code Crim. Proc. ~ 939 460 Finger print records.................. Code COrim. Proc. ~~ 940-946-a 875 Identification Bureau of; powers and duties........Code Crim. Proc. ~~ 940-946-a 875 Judgment Execution of; suspension on probation..........Penal law ~ 2188 841 New York City Identification records......................Code Crim. Proc. ~ 946 875 Probation in criminal courts of............Code Crim. Proc. ~ 938 460 [35] 36 INDEX Subject Parole Chapter A ppropriation for............................................ 625 Board of; powers and duties....................Prison law ~ 210 485 Director of...................... State Dept. law ~ 408 490 Discharge from...........................Prison law ~ 220 485 Division of; in Department of Correction....State Dept. law ~ 408 490 Felony committed while on.................................~ 219 485 Officers....................................State Dept. law ~ 408 490 Prisoners subject to........................... Prison law ~ 212 485 Records..................................... Prison law ~ 221 485 Release; reasons for; method..............Prison law ~~ 213, 214 485 Violation of.................................. Prison law ~ 216 485 Penal Law Accomplices of receivers............................... 1308-a 170 Bail, jumping; punishment........................... 1694-a 374 Murder, second degree, punishment........................ ~ 1048 32 Receiving stolen property; presumption......................~ 1308 354 Thief not an accomplice of receiver.....................~.. 1308-a 170 Prison Law Parole; methods of release on.............................. ~ 214 485 Probation Appropriation for............................................ 625 Commission continued as advisory board.....State Dept. law ~ 409 313 Division of................................ State Dept. law ~ 409 313 Officers; appointment; qualifications, compensation; bonds; duties; powers.........................Code Crim. Proc. ~~ 928-931, 937 460 Previous record and social history prior to...................... 841 Rules and powers relating to.......... Code Crim. Proc. ~~ 932-937 460 Psychiatric, physical and mental examinations.. Code Crim. Proc. ~ 939 460 Records Finger prints; taking; classifying; filing; consolidation.......... 875 Identification; interchange......................:.............. 875 Parole........................................................ 485 Sentence Physical, mental and psychiatric examination before..Code Crim. Proc. ~ 939 460 Suspending of; limited in certain cases.......................... 841 State Departments Law Correction; Department of................................... 313, 490 Parole, division of........................................~ 408 490 Probation, division of.................................... 409 313 Statistics Appropriation for division of................................. 625 Division of, in Department of Correction.... Code Crim. Proc. ~ 947 875 Officials report to central bureau............Code Crim. Proc. ~ 949 875 Stolen property Receiving, presumption.......................Penal law ~ 1308 354 Receiver of; thief not accomplice of............ Penal law ~ 1308-a 170 Photomount Pamphlet Binder Gaylord Bros., Inc. UNIVERSITY OF MICHIGAN 3 9015 06670 2203