CHAPTER 19

RELATING TO PROBATION

AN ACT TO AMEND CHAPTER 43, TITLE 11, DELAWARE CODE, RELATING TO PROBATION.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 4301, Title 11, of the Delaware Code is amended to read as follows :

§ 4301. Probation Officers and Assistants

(a) The Superior Court may appoint a suitable person or persons in each of the counties of the State to perform the duties of Probation Officer as fixed by law, and such other duties, within or without the county of his residence, as the Court may direct. Each of such persons so appointed shall reside in the county for which he shall be appointed and shall hold office at the pleasure of the Superior Court. They shall be officers of the Court and shall receive as compensation annual salaries to be fixed by the Court.

(b) The Superior Court may also appoint not to exceed two Assistant Probation Officers in New Castle County, who shall have the same powers and perform the same duties as the Probation Officers. The Court may also appoint one or more office stenographers in any of the counties, if necessary, for the proper functioning of the office of the Probation Officer. The salary of any such Assistant Probation Officer or Officers and office stenographer or stenographers shall from time to time be fixed by the Court, and they shall hold office at the pleasure of the Court. They shall perform the duties prescribed by law or by order of the Court.

(c) In case of absence or disqualification of any Probation Officer or Assistant Probation Officer the Superior Court may appoint a Probation Officer pro tempore who shall receive as compensation for each day's service a sum equal to the per diem compensation of the salary of the Probation Officer as

prorated. The compensation so paid for any excess over thirty (30) days' absence of any Probation Officer or Assistant Probation Officer in any one year shall be deducted from the salary of such Probation Officer or Assistant Probation Officer.

Section 2. §4303, Title 11, of the Delaware Code is amended to read as follows:

§ 4303. Compensation

The Probation Officers and the Assistant Probation Officers shall be officers of the Superior Court. The Court shall certify to the respective Levy Courts and to the respective County Treasurers the names and addresses of the several persons appointed to the offices and positions authorized by Section 4301 of this sub-chapter, the several dates of their appointments, and the compensation to be paid to them, and their salaries shall be paid in the same manner as the salaries of other county officers are paid.

Section 3. This act shall take effect July 1, 1955.

Approved April 13, 1955.