Gilpin observer., 1914-10-29

tho State of Colorado duly verified in
the office of the Secretary of State on
the Twentieth day of June. A. D. 1914.
at TIL t!;6s 9,eioek ,s; a m ,, -
proposed Law is found in Section l of
article v of the Constitution of the
state OF Colorado. providing for the
AN ACT CONCERNING PROBATION
OF PERSONS p r. o Il D e d
AGAINST FOR CRIME. AND
PROVIDING FOR THE APPOINT
MENT OF PROBATION OFFICERS.
BE 1t Enacted by the People of tbs State Of
Colorado:
Section 1. This Act shall be con-
strued to be in the interest of justice
and for the general welfare of the
state. The provisions of this Act shalt
extend to minors and to all persons
who are proceeded against for misde-
meanors. They shall also extend to
any person accused OF a felony, but
not to one accused of a crime punish
able by death or life Imprisonment or
or violence or of highway robbery or
arson; Provided. probation shall not BE-
extended to any person who thereto
fore shall have been convicted of a
felony.
All such persons shall have the
rights now existing under the constitu-
ton and laws of this state to the same
kind of hearing and trial as now or
may hereafter be provided by law. ami
no person shall be subject to the terms
OF probation imposed by the Court un-
der the provisions OF this act without
lis consent. Any person shall be pre-
sumed to have consented unless objec-
ttons to the action of the Court shall
be made i'll writing at the time 1t is
taken.-
Section 2. All Courts of Record of
this State before which any case com.
shall have a
1udicata that the same is a proper one
f for the aPpplieatio1n1 po, aso11 Of of the provisions
continue or adjourn the case from
time to time or to suspend the SEN
the accused on probation. and commit
him to the custody. care or oversight
of probation officer Any order in
any case coming under this Act may
be entered either in open court or
chambers before or after the adjourn
ment of any Court term or at time
Jurisdiction of the Court shall not be
ended or. interfered with on account of
under. but shall continue throughout
the entire period of probation or time
during which such cause is continued.
existing during the term when such
cause is filed or at any other time
when the same is heard or considered
laws of this State. The Court may. in
applying the provisions of this Act.
ditions of probation In each case as
shall seem best calculated to do JUS
ties and secure the reformation Of the
accused. Where in the opinion of the
Court and the District Attorney. the
case is a proper one for the applica-
this State providing for the redemption
OF Offenders. through proceeding un-
der the chancery Jurisdiction of the
court, the cause may be dismissed at
any time before trial and re-filed under
such law.
Section 3. The term of probation un-
der this Act in cases where persons
have been convicted shall not exceed
four years from the date of entry of
the. order suspending sentence or exc
cution thereof and committing the de-
fendant to probation; Provided. that
such term may be extended by the
aSy sedda s9 the the tms Of
tion of such term, or at any time prior
thereto. when the Court shall so or
shall be dismissed from the jurlsdic-
ton of the Court in such case and
from the right OF the State to proceed
further against such person for or on
account of such particular offense.
Section a. In counties of oyer one
trict Court may appoint one probation
officer for adults. and the Juvenile
Court one probation officer for adults
and in any judicial district having a
county of over twenty thousand popu-
lation. where. in the opinion OF the
such Court may appoint one probation
officer for such judicial district. Such
ofncers snail serve during the pleasure
Court appointing such officer Any
probation Officers additional to those
provided for by this Act shall be ap-
and in counties of over one hundred
thousand population, also the Juvenile
Court. shall certify to the county com
missioners of their respective counties
that IT is necessary To carry out the
provisions OF this Act. and in case the
Cnr Nfcu fn,,. -
least half of such counties shall con-
cur with the Court as to such ne
officers. The term County Commits
sioners' employed herein. in any cities
ticle Xxx of the Constitution of this
State. shall refer to that body in such
city. or city and county. performing
the functions or county commissioners.
Section 5. The duties of such pro-
bation officers shall be:
To investigate and report upon any
case within the provisions hereof to
probation; to collect any fines. costs
or other penalties that may be imposed
same into the registry OF the Court.
taking proper receipts therefor: to
keep record including descriptions
sufficient for Identification of all per-
sons committed to them on probation.
and a subsequent history OF the pro-
scribed under this Act or directed bv
the court: and to perform such other
probationary services as may be al
rected by the Court Paid probation
officers provided for herein shall, in
the execution OF their official duties
and FOR the proper performance there
OF, have all the powers of sheriffs and
police officers. The records kept by n
probation officer of probationers shall
not be open to the public for inspec-
ton, but may at all times be inspect
ed by the chief OF police. district at
torhey sheriff. or by any person when
ordered by the Court
Section G. Probation officers shall
receive salary Of not to exceed fif-
teen hundred dollars CSl.500.00) per
pointing such officer provided by this
Act Such salaries shall be paid out
OF the county treasury of such county
In monthly installments in the same
manner us the salaries OF probation Of
llcers IN juvenile or county courts are
paid; provided. where a probation OF.
fieer is appointed in n judicial district
consis ing of more than one county
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