Page:United States Statutes at Large Volume 44 Part 1.djvu/530

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§ 723 ’TlTLE»‘1S.—-—-€'»RIMINA.L,GODE condned ln; State institutions, which appropriation is hereby made agailable for the ·. purpose. » ·No such prisoner shall be entitlw to go on parole until the Attorney General shall have approved the order therefor. When a prisoner is committed to each institution outside of the State where he lives he may be permitted by his parole to return to hiswhome, andju such case the supervision of such prisoner on parole shall devolve upon the marshal of the district where said prisoner lives, and in ease such prisoner. should `riolate his parole ·a warrant for his reeonmzitment shall be delivered to and executed, by said marshal. o (June 25, 1910, c. 387, §.9, 36 Stat., S21.) l ‘ 723. Same; power of President to grant pardon or commutation, or good time. allowance not~impaired.—Notlring in sections Y14 to 722 of this titleshall be construed to impair., the power of the President of the United States to .grant' a.-.pardon·_or commutation in any case, or in any way impair or revoke such good timeallowance as is or may hereafter be provided by law. (June 25, 1910, c. 387, § 10, 36 Stat. 821.) , " _ p _ 724. Suspension of imposition `orexecution or sentences and placing of defendant upon°—.proba1ion;_ power of icourts; revocation or modiucation of probation; duties of probationer.—-’1‘he courts of the United States having Qoriglnal jurisdiction oi criminal actions, wexeeptdn the District of Columbia, when it shall appear to the-satisfaction oft the court that the en_ oi justiceband the best interests of the public, as well as the- de feudant, will besubserved thereby, ishall have power,. after con viction or after; a, plea; of guilty or nolo coxxtendqe forpgm crime or omanse not punishable by death or life imprisonment to suspend the imposition or execution of sentence and to place the eexesaaat upon probation for such period K and upon suc}: terms and conditions as they may deem, best; or the court ma; impose a Hue and may also place the defendant upon probatior in one manner aforesaid. Thte court may revoke or modify an; condition of probation, or may change the period of probation The period of probation, together with anyextension thereof shall not exceed five years. ’ , ` ‘ Q L' . While on probation the detendaut may be required. to. pay ix one or several sums a line imposed at the time of being places on probation and may also be required to make restitution ou reparation to the aggrieved party or partiestor actual damage: or losscaused by the odense for which conviction was had and may also be required to provide for the support of an; person or persons for whose support he is legally responsible (Mar. 4, 1925, c. 521, 61,,4;-S Stat. 1259,) . - x - ,— 725. Same; powers of probation o&cers; arrest of probs tioner.-·—-·When directed by the court, the probation. officer, sha] report to the court, with a statement. o1!,_tl1e conduct of tht probationer while on_probat.ion._ The court may thereupon dis charge the probationer from further supervision anddntnay ter znlnate the proceedings against him, or may extend the proba tion, as shall seem, advisable. ~ " t · s . . _, At any time within the probation period the probation office may arrest the prohationer ag&t}1ouf_a warrant, or the cout may issue (pa warrant forhis arrest, .Tl1ere1x;g>o11_.s11ch‘_proba tioner shall forthxvith be taken before the court. "Atany tin: after the probation period,*l>ut·`v»jlt.l1§n .theg_g_Jxitn11in period `fo

 which the defendant mlght originaslly‘have been sentenced, tb

· court may issue awarrant and_ cause the defendant to be ar rested and brought before the court. Thereupon the court rua; reroke the probation or the suspension of sentence, and ma; , impose any sentence which might originally have been its posed. (Mar; 4,1925, c. 521, § 2, 43 Stat. 1260.) `  » 726. Same; probation o§eers‘; appointment,. etc.———The sllldg of any. United States coart having original jnrisdictlou· o crimirgal actions, except in the District `ot Oolumbla, may at point one or more suitable persons to serve as probatio . omeers within the jurisdiction and under the discretion ot th judge making. such appointment or_ of his successor. All suc

AND CRIMINAL PROCEDURE L 516 o · pr-obedon omeers shell serve without, compensation except cnet in ease it shell epmar to any “snt:h — Jndse that the t (needs of the service require i that there should he s sole" levried probation .o@cer, such judge ‘ mnyinppolnt one sue}; l omoer and shall Hx, the- salary of sneh‘o®eer subject to these- """` provnl of the Attorneys, General in each ease; ·*Prolmtion omeers » who are to receive salaries shell l>e‘eppointed.eiter competitive , examination held in- accordance with the laws end regulations . oi the civil service of the United States. Soc}: Judge may in ,a

his discretion remover any probation l0H`l€€1' serving in his `cenrt.

· The appointment of probation o@eers shall be ln `wruing and . shall be enteredon the records of the_co3_1`rt,of the jnrlge xnnlflng { sueh appointment, and n copy of the order of appointment sho;} i K be delivered to the omcer so nppomted; Sneh eourt ma? allow S any probetionomcer his actual expenses neemerily incurred ~ , in . the pertorxnanee of his_»_etluties;_ Snell salary end enpenses _ yvhen duly epprored shsllybe paid from the appropriations for ‘ _ courts in which sueh loilieer serves. { 4, 1925, te. 521, § 3, A [_43_Stat.1260.) » ‘ ‘ _ _ . · . s l .727; Same; duties of, nrobation o8lcers.-—It shall be the duty

tot oprobetion o@cer to investigstenny ense referred to nike

5 `forl investigation by the conrt in `which he is serving and its [ report thereon to the eourt. ·The probation omeershsll for-· 5 nish to; each person released on probation under his super- .. vision o` written statement of the conditions, of probation end , ; ~sh;1ll’instru<:t him_regsrding the same; — Such o@eer shell keep { informed concerning "the conduct and `eondition ot each person 4 _ on ;.-probation nnder his snpervision and shell report to { the court placing such person. on probation} Snell o  »~ s§t1Ti 1 n ell suitable · methods, not inconsistent with the con&tions\ 7 im  »»: d hy thetcggrt, to nid persons on and to bring ` , shout f r •S‘ oyementsr in their conduct end condltiom Eaeh { ohlcerl shall keep records ot his work; shell keep eeenrete and _ complete accounts ot all moneys collected S from under ·, his supervision; {shell give receipts therefor, and shell make at lesst monthly. returns fthereohishell more sneh reports to j the Attorney Genersl gs he may at snyntigne require; and shall 1 perform, `such other dntiw as tlpelleonrt? nm; direct; ,1 A ~prjoha· K. tion owcer shell have the power of -.errest· thet is nerr » exer· S `clsed by ajdeputy marshal. (Mer. 4, 1925, c. 521, § Stat. Q L . A 1 { U L ( ne} 6 S ’ F F Chepter 23.-—·—i·-UNITED STATES RIQSONS IN GENERAL. _ 74»1," Control end lnonsgernent of prison? by Attorney Genernl.; onleers; . E Ifules for g0\l€l‘IllI}€Il£'0{. _ F .· ; ' I H2., Designation of penitentiary in whirl: prisoners shell be messed, B 743. Tfensportstion oflprisonersi; extienses; , ‘

. . 74N Employment of convicts. l

,_ 7~l5._Seporntio,sx1 of youthful prisoners. · 746. Transportation home o‘!_ discharged prisoners;`elothlng‘snd money.

  • ° ·:4·z.—,1¤¤‘;»p11c¤¤1e to jurenlle_oHenders. - — p ·

748. Conhnenxent of, prisoners hr the United States Disciplinary

· Barracks. _ . _ * _ _ ‘ `~ . `

it 749. Fed%;nl` Ljsil nt, Fort¤Smlth,, Arkansas, rnnde nntionnl nrison; . z * pr oners ntlrnltted. _ _ l · f 750. Salaries ot captains of the watch end guards. _ e , t ‘ ~ · Ig Section 741. Control and nmnogement of prisons by Attor- — Q , néy General; o&cers; rules for government of.—»—Thereo:1trol# F. and management of the prisons authorized by’_Act -Mnrch· 3,, y 1881 (chapter 529, sections 1 ond~3, 26 Statutes 839), for the-V y econtlnement of persons convicted ofi nny . crime ~ whose term g- , of imprisonment isone year or more at herd lnlgaor by any court of the Unitml States in any State, Territory, or District ge under the Department of Justice of the United States, shell »¢‘ be restecl in the Attorney General, who shall here power to-. >;—· nppoint n_ e¤;>e»1p¢m¤e¤t,i assistant superintendent; warden; n keeper, ond Fall other ofllcers necessary for the snfekeeplnsl he care, proteetion, and discipline of snob United States prlsonersg 1; _He` shall also have antlfority to promnlgnvte sneh rules for the