Page images
PDF
EPUB

Reduction of sentence.

Forfeiture of good time.

who shall have no infraction of the rules of the prison or the laws of the State recorded against him, shall be entitled to a reduction from his sentence as follows: During the first and second years of his sentence, five days for each month; during the third and fourth years, six days for each month; during the fifth and sixth years, seven days for each month; during the seventh, eighth, and ninth years, nine days for each month; during the tenth, eleventh, twelfth, thirteenth and fourteenth years, ten days for each month; during the fifteenth, sixteenth, seventeenth, eighteenth and nineteenth years, twelve days for each month; and from and including the twentieth year, up to and including the period fixed for the expiration of the sentence, fifteen days for each month. The board may, by general rule, subject to amendment from time to time, prescribe how much of the good time earned under the foregoing provisions a convict shall forfeit for more than one infraction of the prison rules in any month, and for any serious act of insurbordination, attempt to escape, or escape, the board may, by special order, take away any portion or the whole of the good time made by any convict up to the Idate of such offense. On recommendation of the warden the board may, as a reward for specially good conduct, such as aiding officials in cases of insubordination, or attempts at escape, restore to any convict the whole or any portion of the good time lost because of any minor infractions of the rules. The warden, in computing the diminution of time for those convicts now in prison, shall allow them the good time made up to the time this act takes effect, in accordance with the provisions of law previously in force, and thereafter it shall be computed in accordance with the provisions of this section. All sentences to Whenever a convict has been committed under several convictions, with separate sentences, they shall be considered as one continuous sentence in the granting or forfeiting good time: Provided, That a convict who shall be serving a second term in said prison shall be allowed for the several periods in order named above, two, three, four, five, six, seven and eight days as good time, and no more, and if any convict has already served a second term in said prison, he shall be allowed no good time, but shall be held until the full completion of his sentence.

Previous good time to be counted.

count as one.

Proviso.

Boards to meet

when.

SEC. 34. It shall be the duty of the prison boards to meet in joint session, once in six months in joint session to determine what lines of productive labor shall be pursued in each prison, and in so determining said boards shall select diversified lines of industry with reference to interfering as little as possible with the same lines of industry carried on by citizens of this State.

Employment of prisoners.

SEC. 35. The boards are required to employ so many prisoners in either prison as are necessary in making all articles for the various State institutions as far as practicable, and the State institution shall pay to the prison making such articles, the market price of all such articles furnished.

[graphic]

SEC. 36. Whenever the warden or the board of either prison Employment shall deem it necessary for the health, discipline, or inter- of prisoners. est of the State or of any convict to do so, such convict may be transferred from one kind of work to any other kind of work in the prison as the warden or the board shall from time to time direct, and no such transfer shall affect or be deemed a violation of any contract.

SEC. 37. The convicts which may have been, or may be Solitary consentenced, to solitary confinement in the State Prison at hard finement. labor for life may be released from solitary confinement and employed as other convicts are whenever and for such time. as the board of the prison may by resolution direct; and such board is authorized to allow such convicts under such restrictions as it may deem necessary and proper, to correspond with near relatives and friends.

SEC. 38. All convicts other than such as are confined in Hard labor. solitude for misconduct in the prison shall as far as practicable be kept constantly employed at hard labor at an average of not less than ten hours a day, Sundays excepted, unless incapable of laboring by reason of sickness or other infirmity.

kept singly

SEC. 39. Whenever there shall be a sufficient number of Prisoners to be cells in the prison it shall be the duty of the warden to in cells. keep the prisoners singly in a cell at night, and also during the day-time when unemployed.

convicts.

SEC. 40. It shall be the duty of guards, keepers and Guards, etc., other employés employed by the State at all times to be duties of. ready to attend to any duty required of them by the warden or deputy warden. The several keepers and guards are hereby expressly charged with all the duties and responsibilities of jailors. It shall be the duties of guards, keepers and Punishment of other employés employed by the State, to faithfully enforce all the rules and regulations of the board of control relative to their respective duties. Any guard, keeper or other employé employed by the State, who shall knowingly violate any of the rules or regulations adopted by such board of control, or who shall violate any of the provisions of this act, or neglect to perform the duties required of him by the rules and regulations of the prison or by the provisions of this act, shall be guilty of a misdemeanor, and on conviction thereof may be punished by a fine not exceeding one thousand dollars, or by imprisonment in any of said prisons for a period not exceeding two years, or both such fine and imprisonment in the discretion of the court. The warden or deputy warden may punish the convicts for misconduct in such manner and under such regulations as shall be adopted by the board: Provided, That punishment by showering with cold Proviso. water or whipping with the lash on the bare body shall in

ment not

no case be allowed; and the warden or deputy shall, as soon as certain punishthe next day after inflicting punishment on any convict, enter lowed alin a book to be kept for that purpose, a written memorandum Record of to be thereof, signed by him, stating the offense committed and the kept.

Attempt to escape, etc.

No liquors, etc., allowed in prisons.

Books, etc.,

public property.

Warden to pre

serve reports.

Extra copies for prisons.

Warden to practice economy.

Boards to audit bills.

How paid, etc.

kind and extent of the punishment inflicted, but in no case shall any punishment be brutal or inhuman, and that no corporal punishment shall be inflicted without the presence of the prison physician.

SEC. 41. When several convicts combined, or any convict alone, shall offer violence to any officer or guard of the prison, or to any other convict or person, or do, or attempt to do any injury to the building, or any workshop, or to any appurtenances thereof, or attempt to escape, or resist or disobey any reasonable command, the officers of the prison shall use all suitable means to defend themselves, to enforce the observance of discipline, to secure the persons of offenders and to prevent any such attempt to escape.

SEC. 42. No spirituous or fermented liquor, drug, medicine or poison shall, on any pretense whatever, be sold or given away in any of the prisons, or in any building appurtenant thereto, or on the land granted to the State for the use and benefit of the prisons; and no such liquors shall be given to, or suffered to be used by any convict or employé in the prison, unless he is sick, and then only under the special direction of the physician.

SEC. 43. All books of accounts, registers, and other documents and papers relating to the affairs of the prisons, shall be considered public property, and shall remain therein, and the warden shall preserve at least one set of copies of all official reports made to the Governor respecting said prison, and a set of similar reports in the relation to the prisons of other states, so far as he shall be able to obtain the same; and to accomplish this purpose, there shall be printed biennially, for the use of the prisons, three hundred extra copies of the report of the board, one hundred of which shall be supplied to each warden, for exchange with prisons of other states, and each shall biennially transmit, to each of the state prisons in the United States, one copy of such report.

SEC. 44. It shall be the duty of the warden and the deputy warden to see that rigid economy is practiced in all matters pertaining to the prison, and in the employment of prisoners, and that duplicate receipts be taken for all expenditures made by them on account of the prison, one copy of which shall be sent to the auditor's office monthly.

SEC. 45. It shall be the duty of the boards to examine and audit before payment all bills and accounts of their respective prison, at least monthly, to enter a strict account of the same in their books, and after the same shall have been examined, entered and audited, they shall be transmitted by the boards to the Auditor General.

SEC. 46. The Auditor General is hereby authorized and required to draw his warrant on the Treasurer for such sums as the board shall from time to time direct; but such sums so drawn at any one time from either prison shall not exceed two thousand dollars, and no further sum shall be drawn until satisfactory vouchers are presented to and allowed by the Auditor General for the amount previously drawn.

[graphic]

SEC. 47. On the removal or resignation of any warden, the Inventory to be board shall cause an inventory to be taken and the Auditor taken, when. General shall settle the accounts of such warden on the presentation of his books and vouchers duly authenticated for

that purpose.

sheriff.

SEC. 48. It shall be the duty of the sheriff of every county sentenced prisin which any criminal shall be sentenced to confinement in oner, duty of either prison, to cause such convict to be removed from the county jail within forty-eight hours after sentence, and conveyed to the proper prison and delivered to the warden thereof.

SEC. 49. The fees and actual expenses of sheriffs in con- Sheriff's fees. veying convicts to either prison shall be made out in a bill containing the items thereof, and shall be presented to the warden when the prisoner is delivered at the prison. The How paid, etc. warden shall certify on it that the prisoner has been received, and the bill, including the sheriff's actual expenses in returning to the county from whence the prisoner was sent, shall be audited by the Auditor General and paid from the State treasury. Before drawing his warrant, the Auditor General shall correct any errors in said bill as to form, items or amount, and the sheriff shall be paid for such services, his actual traveling expenses and the expenses of the convict, and the sum of three dollars for each and every day so employed. SEC. 50. When any convict shall be delivered to the warden Certified copy of of either prison, the officer having such convict in his charge shall deliver to such warden the certified copy of the sentence, received by such officer from the clerk of the court, and shall take from such warden a certificate of the delivery of such convict; and such certified copy of the sentence of any convict shall be evidence of the facts therein contained.

sentence, when.

to be brought

SEC. 51. No person, without the consent of the warden or No writing, etc., deputy warden, shall bring into or carry out of either prison into prison. any letter or writing, or any information to or from any convict; or deliver to any convict any poison, implement or other thing which may be used to injure such convict or any person, or in assisting them to escape. Any person who shall Penalty for. violate the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction shall be subject to the penalty for a misdemeanor provided for in this act.

SEC. 52. The following persons shall be authorized to visit who may visit the prison at pleasure, namely, the Governor, Lieutenant Gov- prison, ernor, members of the Legislature, State officers, the judges of the Supreme and circuit courts, prosecuting attorneys, sheriffs, members and officers of any board authorized by law to visit the same, and all regular officiating ministers of the gospel; and no other person shall be permitted to go within the walls of the prison where convicts shall be confined except by special permission of the warden, or under such regulations as the board shall prescribe.

rules and prices

SEC. 53. It shall be lawful for the board to establish uni- Board may make form rules for the admission of visitors within the prison, for admission and they may prescribe a reasonable sum, not more than of visitors.

[graphic]

1

Proviso.

Tickets to be used.

When convict considered

witness, duty of officer,

School shall be maintained.

Library.

When disease breaks out, duty of board.

When fire in

twenty-five cents, to be charged each individual for one
admission: Provided, That no ticket of admission shall be
sold to any person known to have served a term in this or in
any other prison, or to any persons intoxicated, or under the
influence of liquor, or disorderly person, or to any person
known to the prison officials, or in the police circles as a
"crook" or prostitute.
or prostitute. The warden shall procure suitable
tickets, which shall be held by the clerk, who shall keep an
account of such sales, and pay over the money received to
the warden daily. The gate keeper at the prison entrance
shall receive the tickets, and shall deliver them to the warden
each day before the prison is closed. It shall be the duty
of the board to appropriate annually out of the fees received
from visitors the sum of five hundred dollars in the purchase
of books for said prison for the use of said convicts.

SEC. 54. If any convict confined in either prison shall be considered an important witness in behalf of the people of this State, or for the defendant, upon any criminal prosecution against any other person, it shall be the duty of any officer or court authorized by law to allow writs of habeas corpus, upon the affidavit of the prosecuting attorney, or other showing to the satisfaction of such court or officer that such convict is a material and important witness on the trial of the cause, to grant a habeas corpus for the purpose of bringing such convict before the proper court to testify upon such prosecution. And in every case where a convict shall be removed from the prison to testify on any trial as provided in this section, he shall be securely kept in the jail of the county to which he shall have been removed, subject only to be taken into the court to testify on such trial, and after his testimony shall have been given, he shall be by the sheriff of the county forthwith returned to the prison, there to serve out the remainder of his term.

SEC. 55. A school shall be maintained in each prison for the instruction of convicts confined therein. It shall be conducted under such regulations as may be approved by the board of the prison in which maintained.

SEC. 56. The library now established at the respective prisons for the use of the convicts shall be maintained, sub. ject to such regulations as the board may approve.

SEC. 57. In case any pestilence or contagious disease shall break out among the prisoners in either prison, or in the vicinity of either prison, the board of such prison may cause the convicts therein to be removed to some suitable place of security, where such of them as may be sick shall receive all necessary care and medical attendance, and such convicts shall be returned as soon as it may be safe to do so to the prison, and there confined according to their respective sentences, if the time be unexpired.

SEC. 58. Whenever by reason of either prison or any prison, duty of building contiguous or near to either prison being on fire there shall be reason to apprehend that the convicts therein

warden.

« PreviousContinue »