Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/mpc/p401.asc

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appropriation therefor.

    (2) The Director of Correction shall:

    (a) supervise and be responsible for the administration of
the Department;

    (b) establish and administer, with the advice of the
Commission of Correction and Community Services, programs and
policies for the operation of the institutions in the Department,
and for the correction and rehabilitation of prisoners;

    (c) appoint and remove deputy directors as provided by law
and delegate appropriate powers and duties to them;

    (d) appoint and remove subordinate officers of the
Department, other than the Board and Division of Parole [Division
of Probation and Parole], in accordance with law, and delegate
appropriate powers and duties to them;

    (e) make rules and regulations for the government,
correctional treatment and rehabilitation of prisoners, the
administration of institutions in the Department, and the
regulation of officers and employees under his jurisdiction;

    (f) order the assignment and transfer of prisoners committed
to the custody of the Department of Correction to institutions of
the Department;

    (g) collect, develop and maintain statistical information
concerning offenders, sentencing practices and correctional
treatment as may be useful in practical penological research or
in the development of treatment programs;

    (h) exercise, in accordance with law, supervisory power over
all institutions in the State for the detention of persons
charged with or convicted of an offense, or for the safekeeping
of such other persons as may be remanded thereto in accordance
with law;

    (i) transmit to the Governor annually, on or before the

        day of     , a detailed report of the operations of the
Department for the preceding calendar year, which report shall be
transmitted by the Governor to the legislature;

    (j) exercise all powers and perform all duties necessary and
proper in carrying out his responsibilities.

401.3. Organization of Department of Correction

    (1) There shall be in the Department of Correction the
following divisions and independent boards:
    (a) Division of Treatment Services;

    (b) Division of Custodial Services;

    (c) Division of Young Adult Correction;

    (d) Division of Fiscal Control;

    (e) Division of Prison Industries;

    (f) Division of Research and Training;

    (g) Division of Parole

    (h) Division of Probation:

    (i) Commission of Correction and Community Services;

    (j) Board of Parole.

    The Director of Correction may, after consultation with and
on the advice of the Commission of Correction and Community
Services, establish additional divisions, consolidate such
additional divisions with other divisions, or abolish them, and
he may establish, consolidate or abolish bureaus or other
administrative subdivisions in any division.

    (2) There shall be in each institution in the Department of
Correction a warden or other administrative head and [two]
associate wardens or administrative heads [designated,
respectively, as associate warden on treatment and associate
warden on custody]. The Warden in each institution shall be
responsible to the Director of Correction for the custody,
control and correctional treatment of prisoners and for the
general administration of the institution. Associate wardens in
each institution shall advise and be responsible to the Warden,
and shall have such powers and duties as the Warden may delegate
to them in accordance with law or pursuant to the directions of
the Director of Correction.

410.4. Division of Treatment Services; Deputy Director

for Treatment Services

    (1) The Division of Treatment Services shall be charged with
the supervision of programs of education and training, including
academic, vocational and industrial training, and correctional
treatment and rehabilitation, and parole preparation in the
institutions of the Department, excepting only institutions for
young adult offenders.


    (2) The Division of Treatment Services shall be headed by
the Deputy Director of Treatment Services, who shall act as the
staff advisor of the Director of Correction in regard to
correctional treatment, and who shall exercise such power and
perform such duties as the Director of Correction may delegate to
him.  The Deputy Director of Treatment Services shall be
appointed by, and serve during the pleasure of, the Director of
Correction. He shall be a person with appropriate experience in
the field of education, correctional treatment or rehabilitation,
and appropriate training in relevant disciplines. His salary
shall be fixed by the Governor [the Director of Correction]
within the appropriation therefor.

401.5. Division of Custodial Services; Deputy Director for

Custodial Services

    (1) The Division of Custodial Services shall be charged with
the custody, control, safekeeping, protection and discipline of
prisoners in the institutions of the Department, excepting only
institutions for young adult offenders.

    (2) The Division of Custodial Services shall be headed by
the Deputy Director for Custodial Services, who shall act as the
staff advisor of the Director of Correction in regard to matters
of custody and discipline, and who shall exercise such powers and
perform such duties as the Director of Correction may delegate to
him. The Deputy Director for Custodial Services shall be
appointed by, and serve during the pleasure of, the Director of
Correction. He shall be a person with appropriate experience in a
position of responsibility in the management of institutions or
in law enforcement work. His salary shall be fixed by the
Governor [the Director of Correction] within the appropriation
therefor.

410.6  Division of Young Adult Correction; Deputy Director for
Young Adult Correction

    (1) The Division of Young Adult Correction shall be charged
with the supervision of institutions and facilities for the
custody, control, treatment and rehabilitation of young adult
offenders, and in cooperation with the Commission of Correction
and Community Services, with the planning and establishment of
diversified facilities and programs for the treatment and
rehabilitation of young adult offenders.

    (2) The Division of Young Adult Correction shall be headed
by the Deputy Director for Young Adult Correction, who shall act
as the staff advisor of the Director of Correction in regard to
matters of custody, control and treatment of young adult
offenders, and who shall exercise such powers and perform such
duties as the Director of Correction may delegate to him. The
Deputy Director for Young Adult Correction shall be appointed by,
and serve during the pleasure of, the Director of Correction. He
shall be a person with appropriate experience in the fields of
youth guidance, correctional treatment and rehabilitation, or
appropriate training in relevant disciplines at a recognized
university. His salary shall be fixed by the Governor [the
Director of Correction] within the appropriation therefor.

401.7. Division of Prison Industries; Deputy Director for prison
Industries

    (1) The Division of Prison Industries shall be charged with
the general supervision of industries in the institutions of the
Department.

    (2) The Division of Prison Industries shall be headed by the
Deputy Director for Prison Industries, who shall be the staff
advisor of the Director of Correction in regard to the industries
in the institutions of the Department, and who shall exercise
such powers and perform such duties as the Director of Correction
may delegate to him. The Deputy Director for Prison Industries
shall be appointed by, and serve during the pleasure of, the
Director of Correction. He shall be a person with appropriate
experience in the management of institutional industries, or in
industrial management. His salary shall be fixed by the Governor
[the Director of Correction] within the appropriation therefor.

401.8. Division of Fiscal Control; Deputy Director for Fiscal
Control

    (1) The Division of Fiscal Control shall be charged with the
establishment and maintenance of an accounting and auditing
system [in accordance with the state finance law] for the
Department of Correction, its institutions, and all of its
division, and boards other than the Division of Parole and the
Board of Parole. The Division of Fiscal Control shall also be
responsible for the preparation of the Department's proposed
annual budget, except for the annual budget of the Division of
Parole and the Board of Parole, which shall be prepared in
accordance with Section 404.1.

    (2) The Division of Fiscal Control shall be headed by the
Deputy Director for Fiscal Control, who shall be the staff
advisor of the Director of Correction in regard to fiscal
matters, and who shall exercise such powers and perform such
duties as the Director of Correction may delegate to him. The
Deputy Director for Fiscal Control shall be appointed by, and
serve during the pleasure of, the Director of Correction. He
shall be a person with appropriate experience in a position of
responsibility in accounting or managerial work, or with
appropriate training in relevant disciplines at a recognized
university or school of business or administration. His salary
shall be fixed by the Governor [the Director of Correction]
within the appropriation therefor.

401.9. Division of Research and Training; Deputy Director for
Research and Training

    (1) The Division of Research and Training shall be charged:

    (a) with the collection, development and maintenance of
statistical and other information concerning the dispositions by
criminal courts of the State, length of sentences imposed and
length of sentences actually served, release on parole, success
or failure on parole, discharge from parole supervision, success
or failure on probation, recidivism, and concerning such other
aspects of sentencing practice and correctional treatment as may
be useful in practical penological research or in the development
of treatment programs; and

    (b) with the conduct of training programs designed to equip
personnel for duty in the correctional institutions and services
of the State and to raise and maintain the educational standards
and the level of performance of correctional personnel.

    (2) The Division of Research and Training shall be headed by
the Deputy Director for Research and Training, who shall be the
staff advisor of the Director of Correction in regard to all
matters of penological research in the Department and who shall
exercise such powers and perform such duties as the Director of
Correction may delegate to him. The Deputy Director for Research
and Training shall be appointed by, and serve during the pleasure
of, the Director of Correction. He shall be a person with
appropriate experience in statistical research or research in the
social sciences, with appropriate training in relevant
disciplines. His salary shall be fixed by the Governor [the
Director of Correction] within the appropriation therefor.

401.10. Commission of Correction and Community Services;
Organization; Functions

    (1) The Commission of Correction and Community Services
shall consist of the Director of Correction, the Chairman of the
Board of Parole, the Parole Administrator, the Probation
Administrator [alternate: the Probation and Parole
Administrator], the Deputy Director for Treatment Services, the
Deputy Director for Young Adult Correction, two judges sitting in
courts of general criminal jurisdiction [or special parts of
courts dealing with young adult offenders], designated by the
Governor, and four public members, appointed by the Governor, one
of whom shall be a psychiatrist and one a professional educator.
The judicial and public members shall be appointed for a term of
years [alternate: serve for the remainder of the term of office
of the Governor during whose incumbency they were appointed,
unless sooner removed for cause]; all other members shall serve
during their terms of office. The Director of Correction shall
act as chairman of the Commission. All members of the Commission
shall serve without compensation, but each member shall be
reimbursed for his necessary travel and other expenses actually
incurred in the discharge of his duties on the Commission.

    (2) The Commission of Correction and Community Services
shall meet at least every three months, and whenever called into
session by the chairman, at the request of the Governor, of the
Deputy Director for Young Adult Correction under Subsection (4)
of this Section, of any two or more members of the Commission, or
on his own motion.

    (3) The Commission of Correction and Community Services
shall advise the Governor and the Director of Correction
concerning correctional policy and programs, including
particularly the following:

    (a) the need for, and the development of new or specialized
institutions, facilities, or programs;

    (b) the need for, and the effectuation of collaboration and
liaison within the Department, and between the Department and
community agencies and resources, in order to promote the
readjustment and rehabilitation of offenders in institutions or
under parole or probation supervision in the community;

    (c) the need for, and the development of useful researches
in penology, correctional treatment, criminal law, or in the
disciplines relevant thereto.

    (4) Whenever requested by the Deputy Director for Young
Adult Correction, the Commission of Correction and Community
Services shall meet to consider, and to advise the Department of
Correction concerning the need for, and the development of,
services and facilities for young adult offenders, and concerning
researches necessary or useful in evaluating the effectiveness of
correctional treatment of such offenders.

    (5) The Commission or one or more of its members may visit
and inspect any institution, state or local, for the detention of
persons charged with or convicted of an offense, and for the
safekeeping of such other persons as may be remanded thereto in
accordance with law, and may inform and advise the Director of
Correction in regard to any such institution's physical or other
condition, its discipline, management, program, and its general
adequacy or inadequacy. The Commission or one or more of its
members shall have full access to the grounds and buildings and
to the books and records belonging or relating to any such
institution, as well as the right to subpoena witnesses, take
proof or hear testimony under oath relating to any such
institution.

    (6) The Commission may employ a staff director and such
other personnel as may be necessary to help perform its
functions, and may prescribe their duties.

401.11. Visitation and Inspection of Institutions

    (1) The Director of Correction, or any person to whom he has
delegated such power in writing, shall visit and inspect any
institution in the State for the detention of persons charged
with or convicted of an offense, or for the safekeeping of such
other persons as may be remanded thereto in accordance with law.
He shall have full access to the grounds, buildings, books and
records belonging or relating to any such institution, and may
require the Warden or other head of such institution to provide
information relating thereto in person or in written response to
a questionnaire. He shall have the power, in connection with the
inspection of any such institution, to issue subpoenas, compel
the attendance of witnesses and the production of books, papers
and other documents relating to such institution or its officers,
and to administer oaths and to take the testimony of persons
under oath.

    (2) If the Director of Correction finds, after inspection of
an institution, that the laws or regulations relating to the
construction, management and affairs of such institution and the
care, custody, treatment and discipline of its prisoners are
being violated, or that the prisoners are cruelly, negligently or
improperly treated, or that there is improper or inadequate
provision for their sustenance, clothing, care or other condition
necessary to their discipline and welfare, the Director may in
writing order the Warden or other head of such institution to
remedy the situation within such period of time as the Director
may deem appropriate under the circumstances. If the Director's
order is not complied with within the time provided, the Director
may order the institution to be closed until such time as he
finds that his order has been or is being complied with. When an
order closing an institution is made, it shall be unlawful to
detain or confine any person therein. Whenever an inspection of
an institution discloses violation of law in its management or
conduct, the Director of Correction shall report such violation
to the appropriate law enforcement official.

401.12. Appointment and Promotion of Employees; Department Under
Civil Service Law [Merit System]

    Except as otherwise provided by the Code, the officers and
employees of the Department, its divisions and boards, shall be
appointed, promoted and discharged in accordance with the state
civil service law [merit system], and the Civil Service
Commission [or other appropriate body] shall set standards, in
accordance with law, for the appointment and promotion of such
personnel.

ARTICLE 402

BOARD OF PAROLE

402.1. Board of Parole; Composition and Tenure

    (1) There is hereby created within the DePartment of
Correction an independent Board of Parole, to consist of
members·[not less than three or more than nine], to be appointed
by the Governor with the advice of [from a panel of candidates
submitted by] the Commission of Correction and Community
Services. Members selected shall be persons of good character and
judicious temperament who possess specialized skills evidenced by
training or past experience in fields related to correctional
administration and criminology. At least one member of the Board
shall be a member of the bar of this State. The term of office of
each member of the Board shall be six years and until his
successor is appointed, except that of the members first
appointed to the Board,      shall be appointed to serve for a
term of two years,      for a term of four years, and for a term
of six years. A member appointed to fill a vacancy occurring
other than by expiration of a term shall be appointed for the
remainder of the unexpired term of the member whom he succeeds.
Members may be reappointed for additional six year -terms. They
may be removed by the Governor solely for corruption or
disability, and after an opportunity to be heard. The Governor
shall, from time to time, designate one of the members to serve
as chairman of the Board during such member's term of office.

    (2) Each member shall devote full time to the duties of his
office, and shall not engage in any other business or profession,
or hold any other public office. No member shall, at the time of
his appointment or during his tenure, serve as the representative
of any political party, or of any executive committee or
governing body thereof, or as an executive officer or employee of
any political party, organization, association, or committee.
Each member of the Board shall receive an annual salary to be
fixed by the Governor, within the appropriation therefor, at not
less than      and shall be reimbursed for his necessary travel
and other expenses actually incurred in the discharge of his
duties.

402.2. Powers and Duties of the Board of Parole

    (1) The Board of Parole shall, in accordance with Article
305:

    (a) determine the time of release on parole of prisoners
eligible for such release;

    (b) fix the conditions of parole, revoke parole, issue or
authorize the issuance of warrants for the arrest of parole
violators, and impose other sanctions short of revocation for
violation of conditions of parole;

    (c) determine the time of discharge from parole [;

    (d) appoint the Parole Administrator in accordance with
Article 404, and establish policies for the Division of Parole
and supervise their execution].

    (2) The Board of Parole shall, when requested by the
Governor, advise him concerning applications for pardon,
reprieve, or commutation, and shall when so requested make such
investigation and collect such records concerning the facts and
circumstances of a prisoner's crime, his past criminal record,
social history, and physical, mental or psychiatric condition as
may bear on such application.

    (3) The Board of Parole shall cooperate with the Commission
of Correction and Community Services in the development and
promotion of effective parole policies.

    (4) The Board of Parole shall annually, on or before the day
of     , transmit to the Director of Correction a detailed report
of its work for the preceding calendar year. The annual report
shall be transmitted by the Director of Correction to the
Governor for submission to the legislature.

    (5) The Board or any member thereof shall have the power, in
the performance of official duties, to issue subpoenas, compel
the attendance of witnesses, and the production of books, papers
and other documents pertinent to the subject of its inquiry, and
to administer oaths and to take the testimony of persons under
oath.

402.3. Young Adult Division of Board of Parole

    (1) The Board of Parole may from time to time designate one
or more of its members to serve as a Young Adult Division of the
Board. All decisions of the Young Adult Division shall be by
majority vote, but if the Young Adult Division consists of less
than three members, l~s decisions shall not be effective until
voted by a majority of a quorum of the whole Board of Parole.
When the Young Adult Division has been established, it shall have
all of the powers and duties of the Board in respect to young
adult offenders committed to the custody of the Division of Young
Adult Correction of the Department of Correction.

    (2) The Board of Parole, or if the Young Adult Division has
been established, the Division shall:

    (a) hold a parole hearing of every young adult offender
sentenced in accordance with Section 6.05(2) to a term of
imprisonment without a minimum and with a maximum of four years,
within ninety days of such offender's date of commitment, in
order to fix his release date or to defer the case for later
reconsideration;

    (b) interview every young adult offender who has been
remanded to the Department of Correction prior to sentence for
observation and study in a reception center, study his record and
advise the Court of its findings and recommendations before
sentence;

    (c) consult with the Deputy Director of Young Adult
Correction concerning correctional policy and programs in
institutions and treatment facilities serving young adult
offenders, and concerning such special programs of intensive
correctional and rehabilitative treatment as may be required for
such offenders.

ARTICLE 403

ADMINISTRATION OF INSTITUTIONS

403.1. Appointment of Personnel

    (1) The Director of Correction by and with the advice of the
Commission of Correction and Community Services and in accordance
with the state civil service law [merit system] shall appoint and
assign the Wardens or other administrative heads for each of the
correctional institutions of the Department. The Director shall
appoint professional, technical, skilled, and other subordinate
officers and employees as may be required for the effective
administration of the correctional institutions of the Department
in accordance with the state civil service law [merit system] and
in the case of institutional employees he shall consider the
recommendations of the respective Wardens or other administrative
heads of institutions.

    (2) The [appropriate authority] of the county, city or
[other appropriate political subdivision of the state] shall
appoint and assign the Wardens or other administrative heads for
each of the correctional institutions of such political
subdivision, in accordance with the state civil service law
[merit system] and subject to approval by the Director of
Correction. In the case of correctional institutions serving more
than one such political subdivision of the State, the appointment
shall be made in the same manner by the [appropriate authorities]
of such subdivisions acting jointly. The Warden or other
administrative head of such correctional institution shall
appoint professional, technical, skilled, and other subordinate
officers and employees as may be required for the effective
administration of the correctional institution in accordance with
the state civil service law [merit system] and with the
regulations of the Department of Correction.

    (3) Personnel in the custodial and treatment program of
institutions shall have such special training or experience in
correctional matters as the [State Civil Service Commission] may
require upon the advice of the Director of Correction.

    (4) No male person shall be appointed or assigned to
positions involving the immediate supervision and control of
female prisoners.

    (5) Civilian instructors certified by the [State Department
of Education] shall, as far as practicable, be employed for the
academic and vocational training of prisoners.

    (6) Each new officer or employee in the custodial or
treatment program of a correctional institution shall participate
in an institutional training program for new employees. Every
officer and employee in the Department of Correction shall
participate in such in-service training programs as the Director
of Correction may require from time to time.

403.2. Powers and Duties of Wardens and Other Administrative
Heads of State and Local Institutions

    The Warden or other administrative head of each,
correctional institution in the Department of Correction and of
each correctional institution of a county, city or [other
appropriate political subdivision of the State] shall be its
chief executive officer, and, subject to the supervisory
authority conferred by law on the Director of Correction, shall
be responsible for its efficient and humane maintenance and
operation, and for its security. The duties and powers of his
office shall include the following:

    (1) to receive, retain in imprisonment, and to release, in
accordance with law, prisoners duly committed to the Department
and transferred to the institution, or duly committed to the
institution;

    (2) to enforce the provisions of law and the regulations of
the Department for the administration of the institution, the
government of its officers, and the treatment, training,
employment, care, discipline and custody of the prisoners;

    (3) to take proper measures to protect the safety of the
prisoners and personnel of the institution;

    (4) to take proper measures to prevent the escape of
prisoners and to effect their recapture;

    (5) to maintain and improve the buildings, grounds and
appurtenances of the institution;

    (6) to make recommendations to the Director concerning the
appointment of professional, technical, skilled and other
subordinate officers and employees, in accordance with Section
403.1(1) in the case of institutions in the Department of
Correction, and to appoint such subordinate officers and
employees, in accordance with Section 403.1(2) in the case of
institutions of counties, cities, or [other appropriate political
subdivision of the State].

    (7) to establish and administer rules, including rules for
the operation of the institution and for the proper
classification and separation of prisoners therein, consistent
with the provisions of this Code, the general policies and
regulations of the Department, and subject to the prior approval
of such rules by the Director of Correction;

    (8) to maintain and preserve the central prisoner file, in
accordance with Section 303.2 or Section 304.3, and to maintain
and preserve records on the management and operation of the
institution, including records concerning its industries and the
wag funds of prisoners, and to report thereon to the Director of
Correction at such times as the Director may require.

403.3. Separation of Female Prisoners

    No female prisoner committed to the Department shall be kept
in any correctional institution used for the imprisonment of men.

ARTICLE 404

DIVISION OF PAROLE

404.1. Division of Parole; Parole Administrator

    (1) The Division of Parole shall be charged with the
administration of parole services in the community. The Division
shall consist of the field parole service and of such other
employees as may be necessary in carrying out its functions.

    (2) The Division of Parole shall be under the direction of
the Parole Administrator, who shall be appointed by, and serve
during the pleasure of, the Governor [the Director of Correction]
[alternative: the Board of Parole.] The Parole Administrator
shall be a person with appropriate experience in a field of
correctional administration, or appropriate training in relevant
disciplines at a recognized university. His salary shall be fixed
by the Governor [the Director of Correction] [the Board] within
the appropriation therefor.

    (3) The Division of Parole shall establish and maintain its
own accounting and auditing system [in accordance with the state
finance law] and shall prepare and submit its own proposed annual
budget, including therein the proposed annual budget of the Board
of Parole, separate from the proposed annual budget of the
Department of Correction.

404.2. Powers and Duties of the Parole Administrator

    [Subject to the policy direction of the Board of Parole,]
the Parole Administrator shall:

    (1) establish and administer standards, policies and
procedures for the field parole service;

    (2) appoint district parole supervisors, field parole
officers and such other employees as may be required to carry out
adequate parole supervision of all parolees from correctional
institutions of the State, and prescribe their powers and duties;

    (3) cooperate closely with the Board of Parole, the criminal
courts, the Deputy Director for Treatment Services, the
institutional parole staffs, and other institutional personnel;

    (4) make recommendations to the Board of Parole in cases of
violation of the conditions of parole, issue warrants for the
arrest of parole violators when so instructed by the Board,
notify the Wardens or other administrative heads of institutions
of determinations made by the Board, and upon instruction of the
Board issue certificates of parole and of parole revocation to
the institutions, and certificates of discharge from parole to
parolees;

    (5) carry out the provisions of Section 404.1(3) in
cooperation with the Board of Parole.

404.3. Field Parole Service; Organization and Duties

    (1) The field parole service, consisting of field parole
officers working under the immediate direction of district parole
supervisors, and under the ultimate direction of the Parole
Administrator, shall be responsible for the investigation,
supervision and assistance of parolees. The field parole service
shall be sufficient in size to assure that no parole officer
carries a case load larger than is compatible with adequate
parole investigation or supervision.

    (2) Field parole officers shall:

    (a) make investigations, prior to a prisoner's release on
parole, in cooperation with institutional parole officers and the
Board of Parole, to determine the adequacy of parole plans
submitted by prisoners who are candidates for parole, and make
reasonable advance preparations for their release on parole;

    (b) help parolees in conforming to the conditions of parole,
and in making a successful adjustment in the community;

    (c) supervise parolees, and in supervising them visit each
parolee's home from time to time, and require that each parolee
report to his parole officer as frequently as may be required in
the light of his personality and adjustment, but no less
frequently than twice a month during the first year of parole,
except in unusual cases;

    (d) admonish parolees who appear in danger of violating the
conditions of parole, and report to the appropriate district
supervisor serious or persistent violations which may require
action by the Board of Parole, and, in emergency situations,
exercise the power of arrest as provided in Section 305.16.

    (3) District parole supervisors shall:

    (a) make regular reports to the Parole Administrator
concerning the adjustment of parolees under their supervision:

    (b) inform the Parole Administrator when, in the district
parole supervisor's opinion, any eligible parolee's conduct and
attitude warrant his discharge from supervision, or when any
parolee's violation of the conditions of parole is of sufficient
seriousness to require action by the Board of Parole, and, in
emergency situations, exercise the power of arrest as provided in
Section 305.16.

ALTERNATIVE ARTICLE 404

DIVISION OF PROBATION AND PAROLE

404.1. Division of Probation and Parole; Probation and Parole
Administrator

    (1) The Division of Probation and Parole shall be charged
with the administration of probation and parole services in the
community. The Division shall consist of the field probation and
parole service and of such other employees as may be necessary in
carrying out its functions.

    (2) The Division of Probation and Parole shall be under the
direction of the Probation and Parole Administrator, who shall be
appointed by, and serve during the pleasure of, the Governor [the
Director of Correction]. The Probation and Parole Administrator
shall be a person with appropriate experience in a field of
correctional administration, or appropriate training in relevant
disciplines at a recognized university. His salary shall be fixed
by the Governor [the Director of Correction] within the
appropriation therefor.

404.2. Powers and Duties of the Probation and Parole

Administrator

The Probation and Parole Administrator shall:

    (1) supervise the administration of probation and parole
services in the State and, with the advice of the Commission of
Correction and Community Services, establish policies, standards
and procedures, and make rules and regulations for the field
probation and parole service, regarding probation and parole
investigations, supervision, case work and case loads and record
keeping;

    (2) appoint district probation and parole supervisors, field
probation and parole officers, and such other employees as may be
required to carry out adequate probation supervision of persons
sentenced to probation and adequate parole supervision of all
parolees, and prescribe their powers and duties;

    (3) cooperate closely with the Commission of Correction and
Community Services, the Board of Parole, the criminal courts, the
Deputy Director for Treatment Services, the institutional parole
staffs, and other institutional personnel;

    (4) make recommendations to the Board of Parole in cases of
violation of the conditions of parole, issue warrants for the
arrest of parole violators when so instructed by the Board,
notify the Wardens or other administrative heads of institutions
of determinations made by the Board, and upon instruction of the
Board, issue certificates of parole and of parole revocation to
the institutions, and certificates of discharge from parole to
parolees.

404.3. Field Probation and Parole Service; Organization and
Duties

    (1) The field probation and parole service, consisting of
field probation and parole officers working under the immediate
direction of district probation and parole supervisors, and under
the ultimate direction of the Probation and Parole Administrator,
shall be responsible for the investigation, supervision and
assistance of parolees, presentence and other probation
investigations, and for the supervision of persons sentenced to
probation. The field probation and parole service shall be
sufficient in size to assure that no probation and parole officer
carries a case load larger than is compatible with adequate
investigation or supervision.

    (2) Field Probation and Parole Officers shall:

    (a) make pre-sentence and other probation investigations as
may be required by law or directed by the Court in which they are
serving, and make investigations, prior to a prisoner's release
on parole, in cooperation with institutional parole officers and
the Board of Parole to determine the adequacy of parole plans
submitted by prisoners who are candidates for parole, make
reasonable advance preparation for their release on parole, help
them in conforming to the conditions of parole, and in making a
successful adjustment in the community;

    (b) supervise probationers and parolees, and in supervising
them visit each probationer's or parolee's home from time to
time, and require that he report to the officer as frequently as
may be required, in the case of a probationer, by the order of
the Court in accordance with Section 301.1, or as may be required
in the case of probationers and parolees, by the officer himself,
in the light of such probationer's or parolee's personality and
adjustment, but no less frequently than twice a month during the
first year of probation or parole, except in unusual cases;

    (c) admonish probationers who appear in danger of violating
the conditions of the order of probation, in accordance with
Section 301.1, and report, in accordance with procedures
established by the appropriate district supervisor, serious or
persistent violations to the sentencing court, and advise the
sentencing court, in accordance with procedures established by
the appropriate district supervisor, when the situation of a
probationer requires a modification of the conditions of the
order of probation, or when the probationer's adjustment is such
as to warrant termination of probation, in accordance with
Section 301.2;

    (d) admonish parolees who appear in danger of violating the
conditions of parole, and report to the appropriate district
supervisor serious or persistent violations which may require
action by the Board of Parole and, in emergency situations,
exercise the power of arrest as provided in Section 305.16.

    (3) District probation and parole supervisors shall:

    (a) establish procedures for the direction and guidance of
probation and parole officers under their jurisdiction and advise
such officers in regard to the most effective performance of
their duties;

    (b) supervise probation and parole supervisors under their
jurisdiction and evaluate the effectiveness of their case work;

    (c) make regular reports to the Probation and Parole
Administrator concerning the activities of probation and parole
officers under their jurisdiction and concerning the adjustment
of probationers and parolees under their supervision;

    (d) inform the Probation and Parole Administrator when, in
the district probation and parole supervisor's opinion, any
eligible parolee's conduct and attitude warrant his discharge
from supervision, or when any parolee's violation of the
conditions of parole is of sufficient seriousness to require
action by the Board of Parole, and, in emergency situations,
exercise the power of arrest as provided in Section 305.16.

ARTICLE 405
Division OF PROBATION

405.1. Division of Probation; Probation Administrator

    (1) The Division of Probation shall be charged with the
general supervision of the administration of probation services
in the State, with the establishment of probation policies and
standards, and with the administration of field probation
services in any county or other governmental subdivision of this
State which has no probation service of its own. The Division
shall consist of the field probation service and of such other
employees as may be necessary in carrying out its functions.

    (2) The Division of Probation shall be under the direction
of the Probation Administrator, who shall be appointed by, and
serve during the pleasure of, the Governor [the Director of
Correction]. The Probation Administrator shall be a person with
appropriate experience in a field of correctional administration,
or appropriate training in relevant disciplines at a recognized
university. His salary shall be fixed by the Governor [the
Director of Correction] within the appropriation therefor.

405.2. Powers and Duties of the Probation Administrator

    The Probation Administrator shall:

    (1) supervise the administration of probation services in
the State and, with the advice of the Commission of Correction
and Community Services, establish policies and standards and make
rules and regulations regarding probation investigation,
supervision, case work and case loads, record keeping, and the
qualification of probation officer;

    (2) keep informed of the operations of all probation
departments throughout the State and inquire into their conduct
and efficiency, and, in this connection, he shall have access to
all probation records and probation offices in the State, and he
may issue subpoenas to compel the attendance of witnesses or the
production of books and papers;

    (3) recommend, in an appropriate case, the removal of any
probation officer from any probation department in the State;

    (4) appoint district probation supervisors, field probation
officers and such other employees as may be required to carry out
adequate probation supervision of persons sentenced to probation
in any county or other governmental subdivision of this State
which has no probation service of its own, and prescribe their
powers and duties;

    (5) cooperate closely with the Commission of Correction and
Community Services and with the criminal courts.

405.3. Extension of Probation Field Services by Division of
Probation

    The Probation Administrator, with the advice of the
Commission of Commission and Community Services, may direct the
extension of probation field services to any county or other
governmental subdivision if he finds that such county or other
governmental subdivision is not supplying adequate probation
services to its criminal courts. The Administrator shall
determine, after consultation with the [criminal courts in the
county or other governmental subdivision concerned], the extent
and duration of such services to be furnished. The Administrator
may make agreements with the appropriate authorities concerning
partial or full reimbursement to the Department of Correction for
the costs of such services.

405.4. Field Probation Service; Organization and Duties

    (1) The field probation service, consisting of probation
officers working under the immediate direction of district
probation supervisors, and under the ultimate direction of the
Probation Administrator, shall be responsible for presentence and
other probation investigations and for the supervision of persons
sentenced to probation by a court in any county or other
governmental subdivision which receives field probation services
in accordance with Section 405.3. The field probation service
shall be sufficient in size to assure that no probation officer
carries a case load larger than is compatible with adequate
probation investigation or supervision.

    (2) Probation officers shall:

    (a) make pre-sentence and other probation investigations, as
may be required by law or directed by the Court in which they are
serving;

    (b) supervise probationers, and in supervising them visit
each probationer's home from time to time, and require that he
report to the probation officer as frequently as may be required
by the order of the Court in accordance with Section 301.1, or as
may be required by the probation officer himself in the light of
the probationer's personality and adjustment, but no less
frequently than twice a month during the first year of probation,
except in unusual cases;

    (c) admonish probationers who appear in danger of violating
the conditions of the order of probation, in accordance with
Section 301.1, and report, in accordance with procedures
established by the appropriate district probation supervisor,
serious or persistent violations to the sentencing court;

    (d) advise the sentencing court, in accordance with
procedures established by the appropriate district probation
supervisor, when the situation of a probationer requires a
modification of the conditions of the order of probation, or when
a probationer's adjustment is such as to warrant termination of
probation, in accordance with Section 301.2.

    (3) District probation supervisors shall:

    (a) establish procedures for the direction and guidance of
probation officers under their jurisdiction, and advise such
officers in regard to the most effective performance of their
duties;

    (b) supervise probation officers under their jurisdiction
and evaluate the effectiveness of their case work;

    (c) make regular reports to the Probation Administrator
concerning the activities of probation officers under their
jurisdiction and concerning the adjustment of probationers under
their supervision.