Gilpin observer., 1914-10-08

the State of Colorado. duly verified. in
accordance with the Law. and filed in
the office of the Secretary of State on
the Twentieth day of June. A. D. 1914.
The authority for submitting such
proposed Law is found in Section ! of
Article " of the Constitution of the
Initiative and Referendum.
AN ACT CONCERNING PROBATION
OF PERSONS PR o C E D e d
AGAINST FOR CRIME. AND
PROVIDING FOR THE APPOINT
MENT OF PROBATION OFFICERS.
BE 1t Enacted by the People of the State Of
Colorado:
strued to be in the interest of Justice
and for the general welfare of the
State. The provisions of this Act shalt
who are proceeded against for msde
meanors. They shall also extend to
not to one accused of crime punish
able by death or life Imprisonment or
accused of rape accompanied by force
or violence or of highway robbery or
arson; Provided. probation shall not b.
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 ana laws OF tnlS state TO the same
kind of hearing and trial as now or
may hereafter be provided by law. and
no person shall be subject to the terms
of probation imposed by the Court un-
der the provisions of this act, without
his consent. Any person shall be pre-
sumed to have consented unless objec-
tions to the action of the Court shall
be made in writing at the time it is
taken.
Section 2. All Courts of Record of
this State before which any case com
ing within the provisions of this Act
is pending shall have the power to ad-
1udicate that the same. is a proper one
hereof. They shall have the right to
continue or adjourn the case from
tence or execution thereof and place
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
most convenient to the Court. The
Jurisdiction of the Court shall not be
ended or interfered with on account of
any continuance or order entered here
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
under the provisions of this Act or the
laws of this State. The Court may. in
applying the provisions of this Act
make such order and impose such con-
shall seem best calculated to do JUS
tice and secure the reformation of the
accused. Where in the opinion of the
Court and the District Attorney. the
case Is proper one for the applica-
ton Of the provisions of the law of
this State providing for the redemption
of offenders. through a proceeding un-
der the chancery Jurisdiction of the
court. the cause may be dismissed al
a N tvv10 hAf tol AvxI fl..l H.,
such law.--------.-
Section 5. The term of probation un.
der this Act in cases where person.
have save been convicted sonS shall not exceed
the order suspending sentence or exc
cution thereof and committing the de-
such term may be extended by the
any sentence imposed. At the expira.
ton of such term or at any time prior
thereto. when the Court shall so or
der. any such person on probation
shall be dismissed from the jurisdic
from the right of the State to proceed
further against such person for or or
account of such particular offense
hundred thousand population. the Dis
trict Court may appoint one probation
officer for adults. and the Juvenile
and in any judicial district having G
county of over twenty thousand popu.
lation lat where; in the opinion of tht
such Court may APPOINT one probation
officer for such judicial district. Such
officers shall serve during the pleasure
Court appointing such officer. AM
probation officers additional to those
provided for by this Act shall be ap,
pointed only in case any District Court
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 tn,
provisions of this Act, and in case tn,
majority of said commissioners of a
least half Of such counties shall con
cessity Each Court shall make rule!
governing the conduct of it's probation
officers: The term County Commits
sioners" employed herein. in any cite.
ticle NN of the Constitution of thi!
state. shall refer to that body in sucf
city or city and county. performing
the functions OF county commissioners
Section 5 The duties of such pro
bation' Officers shall be:
To investigate and report upon an,
case within the provisions hereof; L
take charge OF any person placed or
or other penalties that may be imposed
or ordered by the Court and paw tn,
same into the registry of the Court
keep a record including description.
sufficient for Identification OF all per.
sons committed TO them on probation
and subsequent history OF tho pro.
baton; in such form as may be pre-.
scribed under this Act or directed b,
the court; and to perform such Other
probationary services as may be dl
rected by the Court Paid probation
officers provided for herein shall, II
the. execution OF their official duties
and for the proper performance there
OF, have all tho powers of sheriffs and
police officers The records kent by d