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Section 110. Payments to discharged prisoners sentenced for
111. Imprisonment of tramps.
[General note.- The part of this article relating to the manage. ment of penitentiaries situated without the city of New York is new. It is proposed that each penitentiary be under the control and management of a board of managers to be appointed by the board of supervisors of a county wherein the penitentiary is located. The membership, organization and powers and duties of each board, the appointment and powers and duties of the superintendent, the purchase of supplies, and the conduct of the financial afl'airs of each penitentiary are made uniform.
Uniformity in the management of affairs of such institutions is desirable for many reasons. Under the existing statutes penitentiaries receive the same class of criminals. By section 699 as amended by laws 1896, chapter 553 and section 704 of the penal code, the legislature evidently intended to exclude from penitenitaries all persons convicted of felony, unless sentenced thereto for a term of one year or less. After the terms of pris. oners now confined in the penitentiaries under sentences for more than one year have expired, the inmates will be limited to misdemeanants. This class of criminals should be treated in the same way. There should be uniformity of classification, discipline and employment.
The proper administration of the present system of prison labor will provide for the employment of prisoners confined in penitentiaries in the manufacture of supplies to be used by the offices, departments, institutions and public buildings not only of the county wherein the penitentiary is located, but of other counties of the state. The administration of this system is vested in the superintendent of state prisons and the state commission of prisons. It will be much less difficult to provide a scheme for the employment of the labor of prisoners in penitentiaries if the methods of conducting the business thereof are made uniform.
It is also submitted that from an economical standpoint, the proposed change will be advantageous. The financial affairs are to be within the control of the board of managers who are to audit all claims against the penitentiary and endorse all orders for payment. They are to be made responsible to the board of supervisors. They are to adopt rules and regulations relating to the management and maintenance of the penitentiary and the control and discipline of the inmates, not inconsistent with law or the rules and regulations of the commission of prisons. The superintendent is to be the officer of the board of managers, and is to have the active supervision and control of all the affairs of the penitentiary. The business of the institution is to be conducted by him, subject to the general control of the board.]
$ 90. Establishment of penitentiaries.—The penitentiaries heretofore established are continued, and shall be managed and controlled as provided in this article.
The board of supervisors of any county may establish and maintain a penitentiary for the confinement of persons convicted of misdemeanors within such county and subject to the provisions of this chapter, provide for the imprisonment and employ
ment of all persons sentenced thereto.
[The first sentence is new. The remainder is similar to $ 102 of the county law which authorizes the establishment and maintenance of a workhouse.]
$ 91. Article not to apply to New York and Kings counties.The provisions of this article shall not apply to New York and Kings counties, or the penitentiaries heretofore or hereafter established therein, unless otherwise expressly provided.
$ 92. Management of penitentiaries.-- Each penitentiary, except the penitentiaries situated in the city of New York as now constituted, shall be under the control and management of a board of five managers. Such managers shall be appointed by the board of supervisors of the county in which the penitentiary is situated at the next annual session thereof, after this chapter takes effect for the respective terms of one, two, three, four and five years from the first day of January succeeding the time of their appointment, and their successors shall thereafter be appointed for a term of five years.
Vacancies in such board of managers shall be filled by the board of supervisors in like manner for the remainder of the un. expired term. If, when any such vacancy occurs, the board of supervisors is not in session, it shall be filled by the chairman of sich board, and the person so appointed shall serve until his successor is duly appointed by the board at an annual or special meeting thereof. Each of such managers shall be a resident and freeholder of the county wherein the penitentiary is situated.
$ 93. Removal of managers.—minager may be removed upon charges preferred against him by the board of supervisors for misconduct, violation of duty or failure to carry out the provisions of this article. Such board of supervisors shall cause a copy of such charges to be personally served upon such manager with a notice that, at a time not less than eight days thereafter, they will present proofs in relation to such charges before a justice of the supreme court at a special term held within the county. The justice shall hear the proofs of the parties, and, if it appears that the manager is guilty of misconduct, violation of duty or failure to carry out the provisions of this article, may order his removal from the board of managers, and such order shall be final. [This section is new. See L. 1885, ch. 261, § 7, relating to
the Albany County Penitentiary Commission.]
§ 94. Organization of board of managers; meetings. — The board of managers shall annually, during the first week in January, elect a president and secretary from among their members. The managers shall receive compensation at the rate of five dollars for each day actually and necessarily spent in the performance of their duties, and all necessary traveling and other expenses actually incurred, but the total amount annually paid therefor to all of such managers shall not exceed the sum of one thousand dollars. Such compensation and expenses shall be audited and paid quarterly by the county treasurer as a part of the expenses of such penitentiary.
Such board shall meet at least once in each month at the penitentiary.
$ 95. President and secretary:- The president shall preside at all meetings of the board. The secretary shall record in a book, to be procured by him for that purpose at the expense of the county, all proceedings, orders, resolutions and decrees of the board. Such book shall be a public record and shall be retained in the possession of the secretary. [See L. 1885, ch. 261, § 5. New as to all penitentiaries
except Albany County Penitentiary. ]
§ 96. Treasurer.-The county treasurer of a county wherein a penitentiary is situated, is, by virtue of his office, treasurer of such penitentiary.
$ 97. Powers and duties of boards of managers.--The board of managers of each penitentiary shall:
1. Have the general control and supervision of the penitentiary, and manage its internal and fiscal affairs.
2. Adopt, print, and distribute among the officers and employes of the penitentiary, rules and regulations relating to the management and maintenance of the penitentiary, the control and discipline of the inmates thereof, not inconsistent with law or the rules and regulations of the state commission of prisons, and prescribe the duties of the officers and employes.
3. Appoint the superintendent, chaplains, physician and clerk as prescribed in this article.
4. Determine the number of subordinate officers and employes, and fix their compensation.
5. Examine monthly all accounts, expenditures and vouchers relating to the business of the penitentiary, and when correct, certify their approval thereof to the county treasurer. [New. See Albany Co., Penitentiary Act, L. 1885, ch. 261,
$ 98. Annual report of board of managers.--The board of managers of each penitentiary shall annually present to the board of supervisors during the first week of its annual session, a written report containing:
1. A detailed statement of the receipts and disbursements for the year ending on the last day of the preceding month, the