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§ 8. Warden.—The agent and warden of a state prison is designated in this chapter as the warden thereof.

[New.]

$ 9. Superintendent.-The term superintendent” when used in this chapter, unless otherwise indicated, means the superintendent of state prisons.

[New.]

§ 10. Commission.—The term “commission " when used in this chapter, means the state commission of prisons.

[New.]

§ 11. Prisoner.-The term “prisoner" as used in this chapter means a person imprisoned in a penal institution, or detained therein or held in custody elsewhere, under process of law, or

arrest.

[New. See Penal Code, $ 93.]

§ 12. Political division. The term “political division," when used in this chapter, includes a county, city, village, town or school district.

[New.]

ARTICLE II.

JAILS.

Section 20. Maintenance of jails.

21. Supervision, management and control.
22. Removal of prisoners from one jail to another in

same county.

23. Number of rooms.

24. Separation of prisoners.
25. Custody of prisoners.

Section 26. Conversations of prisoners.

27. Food of prisoners.
28. Reading matter; divine service.
29. Jail physician.
30. Prisoner committed for contempt.

31. Commitments by United States courts.

32. Record of commitments.

33. Keepers to present list of prisoners detained, to

courts.

34. Prisoners to be discharged if not indicted.
35. Suspension of habeas corpus.
36. Prisoner to be discharged if unable to pay fine.
37. Sheriff or other officer not to receive anything of value

from a prisoner.
38. Charges for jail accommodations.
39. Service of papers on prisoner.
40. Conveyance of prisoners through other counties.
41. Removal of prisoners in case of fire.
42. Removal of sick or injured prisoners.
43. Designation of another place as county jail.
44. Copy of designation to be served on sheriff of con-

tiguous county.
45. When and how designation to be revoked.
46. Houses of detention for witnesses.

47. Jail, prisoners and papers to be delivered to new

sheriff.

48. Statement of delivery.

49. Orders of arrest to be delivered to and returned by

new sheriff.
50. Delivery, how enforced.

[General note.We have included in this article a revision of the present statutes relating to the maintenance, management and control of jails; the custody, treatment and separation of prisoners therein; the designation of the jail of another county as the jail of a county whose jail has been destroyed or aban. doned, and all other matters pertaining to jails and the confine ment of prisoners therein.

As will be observed by the notes to the several sections, the article is derived from $$ 94-103 of the county law (L. 1892, chap. 686) and the several sections of the code of civil procedure relat. ing to jails and jail discipline. There seems no good reason why provisions concerning the management of a jail should be retained in the code of civil procedure, which should properly be restricted to matters of practice in civil courts. The transfer of the sections of the county law above referred to, is made so that this chapter may contain all substantive law relating to jails.]

$ 20. Maintenance of jails. There shall be in each county one or more jails. The maintenance of such jails and the inmates thereof shall be a county charge.

[County Law, $ 230, sub. 7.]

§ 21. Supervision, management and control. The sheriff of each county shall have the general supervision, management and control of the jails thereof, and the custody of the persons confined therein; and such jails shall be kept by him, or by keepers appointed by him, for whose acts he shall be responsible. The term “keeper” when used in this article means the sheriff or the person appointed by him to keep the jail.

[See County Law, § 183.]

§ 22. Removal of prisoners from one jail to another in same county.—The sheriff of a county having more than one jail may confine a person committed thereto in either and may remove him from one jail to another, whenever for any reason he deems

it necessary.

[Code Civ. Pro., § 122.]

§ 23. Number of rooms.-Each jail shall contain a sufficient

number of rooms:

1. For the separate confinement of persons detained as wit. nesses in criminal cases, or committed on civil process or for contempt.

2. For the separate confinement of persons awaiting the action of a grand jury or trial after indictment.

3. For the solitary and separate confinement of prisoners under sentence, while such prisoners are not employed as provided by

this chapter.

[County Law, $ 91, rewritten without material change.]

§ 24. Separation of prisoners.-All persons confined in jail shall, as far as practicable, be kept separate from each other. In no case shall a prisoner, arrested in a civil cause, or detained as a witness or for contempt, be kept in the same room or allowed to associate with a prisoner convicted of crime, or detained on a criminal charge; nor shall a person in confinement awaiting the action of a grand jury, or trial after indictment, be kept in the same room or allowed to associate with a prisoner convicted of

crime.

Female prisoners shall not be kept in the same room or allowed to associate with male prisoners. But a husband and his wife may be kept together in a room wherein there are

no other prisoners.

[County Law, $ 92; Code Civ. Pro., SS 123, 124.]

§ 25. Custody of prisoners.—Each sheriff shall receiveand safely keep in the jails of his county, all persons lawfully committed to his custody, for safe-keeping, examination or trial, or sentenced to imprisonment therein upon conviction of a contempt or criminal offense. He shall not, without lawful authority, let any such

person out of jail.

[County Law, $ 92.]

26. Conversations of prisoners.-All persons confined in a jail shall be allowed to converse with their counsel, or religious adviser, under such reasonable regulations and restrictions as the keeper of the jail may fix. Prisoners under sentence shall not be allowed to converse with any other person, except in the presence of a keeper. The keeper may prevent all other conversation by prisoners when he shall deem it necessary or proper.

[County Law, $ 92.]

$ 27. Food of prisoners.— All persons committed to a jail, except civil prisoners supporting themselves, shall be provided with a sufficient quantity of plain but wholesome food at the expense of the county; but all prisoners except those under sentence may, at their own expense and under the direction of the keeper, be supplied with any other proper articles of food.

[County Law, first sentence of $ 93.]

§ 28. Reading matter; divine services.— The keeper of a jail shall provide a Bible to be kept in each room thereof. He shall permit the persons therein confined to be supplied with other suitable and proper books and papers. He shall cause divine services to be conducted for the benefit of the prisoners, at least once each Sunday, if there is a room in the jail that may be

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