and determine the period and conditions of probation and such order, whether it is filed or entered, shall be considered as part of the record in the cause and shall be at all times alterable and amendable, both in form and in substance, in the court's discretion.

SEC. 3. The conditions of probation shall include the fol- Conditions. lowing:

(1) That the probationer shall not, during the term of his probation, violate any criminal law of the state of Michigan, or any ordinance of any municipality in said state;

(2) That he shall not, during the term of his probation, leave the state without the consent of the court granting his application for probation;

(3) That he shall make a report to the probation officer, either in person or in writing, monthly, or as often as the latter may require.

conditions.

The court may impose such other lawful conditions of pro- Other bation as the circumstances of the case may require or warrant, or as in its judgment may be meet and proper; and in case it requires the probationer to pay any costs it shall not be confined to or governed by the laws or rules governing the taxation of costs in ordinary criminal procedure, but may summarily tax and determine such costs without regard to the items ordinarily included in taxing costs in criminal cases and may include therein all such expenses, direct and indirect, as the public has been or may be put to in connection with the apprehension, examination, trial and probationary oversight of the probationer.

revocable.

SEC. 4. All probation orders shall be revocable and termi- Orders nable after summary hearing for any violation by the probationer of any of the conditions of his probation; and the court may in its probation orders or by general rule, or both, provide for the apprehension, detention and confinement of any probationer accused of violating the terms of his probation, for the presentation of charges of such violation and the hearing therein, including amendments of charges, continuances and adjournments of hearings, and all matters in connection therewith; but in case the court shall fail to so provide, or in any case by consent of the court, proceedings Proceedings for such termination and revocation may be instituted by petition and order to show cause, and the court on presentation of such petition and hearing on such order may make all such orders respecting the apprehension, detention, confinement and disposition of the probationer and all other matters in relation thereto, as in its judgment the welfare and protection of the public and probationer may require. In case such probation order is terminated and revoked, the court may proceed to sentence such probationer in the same manner and to the same penalty as it might have done if such probation order had never been made.

instituted.

SEC. 5. Upon the termination of the probation period, the Report of probation officer shall report the fact to the court and also

termination.

Proviso.

Entry of discharge.

Chief

probation

officer, who

to recommend.

Proviso, number.

Further proviso.

Further proviso.

Notice, to whom given.

Oath of office.

the conduct of the probationer during the period of probation, and the court may thereupon discharge the probationer from further supervision and enter a judgment of suspended sentence, or extend the probation period, as the circumstances may require: Provided, That the maximum period or probation herein limited shall not be exceeded.

SEC. 6. When a probationer is discharged upon the expiration of the probation period, or upon its earlier termination by order of the court, entry of the discharge shall be made in the records of the court, and the probationer shall be entitled to a certified copy thereof.

SEC. 7. The circuit court of each of the several judicial circuits throughout the state of Michigan may recommend a chief probation officer, may also recommend assistant probation officers who shall be appointed by the governor, each of whom shall act as such probation officer in the judicial circuit in which he shall have been appointed, and who shall receive such compensation as the boards of supervisors of the several counties shall provide. In cities having a municipal court, superior court, recorder's court or police court, the judge or judges of said courts may recommend a chief probation officer and may also recommend assistant probation officers, each of whom shall be appointed by the governor, and shall act as such probation officer within the limits of the territorial jurisdiction of such courts, and who shall receive such compensation as the board of supervisors of the several counties or the common councils of the several cities may provide: Provided, That the number of probation officers appointed for any city or county shall not exceed one for every fifty thousand inhabitants or less of said city or county; such limitation as to the number of probation officers shal! not apply to courts of record in cities having a population of two hundred fifty thousand or more wherein the provisions of act number three hundred sixty-nine of the public acts for the year nineteen hundred nineteen, or any amendment thereto has been or may be adopted: Provided further, That in cities where there are two or more courts each hav ing different jurisdictions the judge of each such court shall recommend the probation officer or officers for his own court, and where there are two or more judges of any such court, they shall jointly recommend the probation officer or officers for their own court: Provided further, That when a judicial circuit shall consist of more than one county, the court may recommend at least one assistant probation officer for each county which officer shall be appointed by the governor.

SEC. S. Notice of the appointment of any chief probation officer or of any assistant probation officer shall be given in writing to the commissioner of public welfare within thirty days after such appointments shall be made.

SEC. 9. Before entering upon the duties of his office, each probation officer shall take and subscribe the constitutional

oath of office, which oath shall be filed in the office of the secretary of state.

may

SEC. 10. The governor shall have the power to remove such Governor officer or officers for incompetency, misconduct or failure to remove. carry out the orders of the court, or neglect of any duty imposed by the court. Such removal may be made upon the certification of the judge or judges of the court under whom such probation officer acts, which certificate shall set forth that a full hearing has been had before said judge or judges and as a result thereof the court has determined that such probation officer is incompetent or has been guilty of misconduct, neglect of duty or refusal to carry out the order of the court.

deputy

SEC. 11. Probation officers in counties having a population May be of more than fifty thousand shall not be members of a regular sheriffs, etc. police force, but may be deputy sheriffs or constables.

how paid.

SEC. 12. The salary and necessary expenses of the chief Salary, probation officer and each assistant probation officer shall be paid monthly out of the treasury or treasuries of the county or counties composing the circuit within which such probation officer or officers shall act, where provision has been made by the board of supervisors of such county or counties for their payment; if such probation officer is appointed by a criminal court of record of general jurisdiction of any city, out of the treasury of the county in which said city is located, where provision for their payment has been made by the board of supervisors of the county in which said city is located; if said probation officer is appointed by a municipal or police court, out of the treasury of the city in which such municipal or police court is located, where provision for payment has been made by the commission or common council of such city. Said salary and expense shall be paid by the city or county treasurer upon an order of the clerk of the court, properly audited by the officer or board of the city or county in whom the power or duty of auditing accounts is vested.

ful to

SEC. 13. Any probation officer receiving compensation Gratuity, from any public funds under the provisions of this act, who etc., unlawshall receive any compensation, gift or gratuity whatever from receive. any person under probation or from any person, firm or corporation for doing or refraining from doing any official act in any way connected with his work as probation officer, or in any way connected with any proceeding then pending or about to be instituted in any court with which said probation officer has to do, shall be deemed guilty of a misdemeanor and may be punished accordingly.

SEC. 14. Every probation officer when so directed by the Duties. court shall inquire into the antecedents, character and circumstances of any person or persons accused within the jurisdiction of such court, and shall report thereon in writing to such court or magistrate. He shall preserve complete and accurate records of cases investigated by him and of all cases placed in his care by the court and of any other duties per

May act as
parole
officer, etc.

Who to supervise work of.

Act not repealed.

Powers of judges, etc.

When com

plaint made in writing.

Warrant,

when issued.

formed by him. He shall take charge of and watch over all persons placed on probation under such regulations as may be prescribed by the court, and shall give to such probationer full instructions as to the terms of his release upon probation.

SEC. 15. Any probation officer may act as parole officer for any penal or reformatory institution in this state when so requested by the authorities thereof, or may act as county agent when regularly appointed as such, and may act as probation officer for the several probate courts of the state in juvenile cases when so appointed, and may act as "friend of the court" as defined in act number four hundred twelve of the public acts of nineteen hundred nineteen, when so ap pointed.

SEC. 16. The commissioner of public welfare shall prescribe the form of all records and of all reports from probation officers, exercise general supervision over the work of the probation officers throughout the state, and may require detailed reports from probation officers throughout the state. The department of public welfare shall include in its printed reports a report of the probation work of the courts of the state for the period covered by such printed report. The necessary expense incurred in the printing and distributing of blanks required by section fourteen of this chapter and in securing and supervising reports of probation officers, shall be audited by the board of state auditors and paid from the general fund.

SEC. 17. Nothing in this chapter shall be construed as limiting or repealing act number six of the public acts of the extra session of nineteen hundred seven, and amendments thereto.

CHAPTER XII.

Proceedings to Prevent Crime.

SECTION 1. The justices of the supreme court, the several circuit judges, judges of courts of record having jurisdiction of criminal causes, circuit court commissioners, all mayors and recorders of cities, and all justices of the peace, shall have power to cause all the laws made for the preservation of the public peace to be kept and in the execution of this power may require persons to give security to keep the peace in the manner provided in this chapter.

SEC. 2. Whenever complaint shall be made in writing and on oath to any such magistrate that any person has threatened to commit any offense against the person or property of another, it shall be the duty of such magistrate to examine such complainant and any witnesses who may be produced, on oath, to reduce such examination to writing and to cause the same to be subscribed by the parties so examined.

SEC. 3. If it shall appear from such examination, that there is just reason to fear the commission of any such of fense, such magistrate shall issue a warrant under his hand,

directed to the sheriff or any constable of the county, reciting the substance of the complaint and commanding him forthwith to apprehend the person so complained of, and bring him before such magistrate.

nizance.

SEC. 4. When the party complained of is brought before Trial. the magistrate, he may demand that the truth of the accusation shall be determined either by a trial before such magistrate, or a jury; and the trial thereof, and the selection of a jury shall be as in criminal cases, which justices of the peace are authorized to try; and if the magistrate or jury upon such trial shall find the accused guilty, the magistrate may Recogrequire the accused to enter into a recognizance, with sufficient sureties, to be approved by such magistrate, in such sum as he shall direct, to keep the peace towards all the people of this state, and especially towards the person requiring such sureties, for such term as he may order not exceeding two years; and it shall be competent for the magistrate or the jury to find and return a special verdict that the complaint and accusation are groundless or malicious, and if they shall so find, it shall be the duty of the magistrate to enter such finding or verdict upon his docket.

SEC. 5. Upon complying with the order of the magistrate, When disthe party complained of shall be discharged.

charged.

recognize.

SEC. 6. If the person so ordered to recognize shall refuse Refusal to or neglect to comply with such order, the magistrate shall commit him to the county jail during the period for which he was required to give security, or until he shall so recognize, stating in the warrant the cause of commitment with the sum and the time for which such security was required.

SEC. 7. If upon examination it shall not appear that there when complaint is just cause to fear that any such offense will be committed unfounded, by the party complained of, he shall forthwith be discharged; etc. and if the magistrate shall deem the complaint unfounded, frivolous or malicious, he shall order the complainant to pay the costs of the prosecution, who shall thereupon be answerable to the magistrate and the officers for their fees, as for his own debt, and execution may issue therefor.

ment of.

SEC. 8. When no order respecting the costs is made by the Costs, paymagistrate, they shall be allowed and paid in the same manner as costs before justices in criminal prosecutions; but in all cases where a person is required to give security to keep the peace, the court or magistrate may further order that the costs of prosecution, or any part thereof, shall be paid by such person, who shall stand committed until such costs are paid or he is otherwise legally discharged.

SEC. 9. Any person aggrieved by the order of any justice Appeal. of the peace, requiring him to recognize as aforesaid may, on

giving the recognizance to keep the peace required by such order, appeal to the circuit court for the same county.

order.

SEC. 10. The court before which such appeal is prosecuted May affirm may affirm the order of the justice or discharge the appellant or may require the appellant to enter into a new recognizance