Section 145. Sentence for a definite period.

146. Supervision of paroled prisoners.

147. Reports to governor.

[General note. This article is applicable to the Elmira Reformatory and the Eastern Reformatory at Napanoch, Ulster county, now in course of construction. We have included chapter 711 of the Laws of 1887, relating to the Elmira Reformatory, and made it applicable to the Eastern Reformatory, when ready for occupancy.

We have specified in detail the powers and duties of the superintendent, chaplain, physician and treasurer. The requirements of monthly estimates, statements of receipts and expenditures, purchases of supplies, and vouchers, are new in form although similar requirements are contained in the annual appropriation act of each year.

It is also provided that prisoners transferred to a state prison shall be received therein as prisoners under an indeterminate sentence, and may therefore be released on parole or absolutely discharged by the board of parole of the prison. Under the present law provision is made for a transfer to a state prison, but no way is provided for the release or discharge of a prisoner so transferred until the expiration of the maximum term "provided by law for the crime for which the prisoner was convicted and sentenced," unless the board of managers require his return.

Cases have arisen which seem to show injustice and hardship to a transferred prisoner because of this system. Transferred prisoners are seldom, if ever, recalled to the reformatory. The result follows that a prisoner sentenced by a judge to a reformatory, under the impression that a light punishment is being imposed, is made to suffer much more severely than was intended.

By the proposed law, the prisoner immediately upon his transfer to a state prison is subject to the exclusive control of the prison officers and the jurisdiction of the managers of the reformatory ceases. He becomes entitled to all the privileges of a prisoner under an indeterminate sentence. He may be paroled by the board of parole and his maximum sentence may be commuted for good conduct. Other changes proposed by this article are of minor importance.]

§ 120. Location and names of state reformatories.-The state reformatory at Elmira is continued and shall be known as the Elmira reformatory.

The state reformatory at Napanoch, Ulster county, shall, when completed, be known as the Eastern reformatory. The provis ions of this article shall apply alike to both reformatories, except as otherwise provided.

[New.]

§ 121. Board of managers.-Each reformatory shall be under the management of a board of five managers, who shall be appointed by the governor by and with the advice and consent of the senate. The full term of office of each manager shall be five years. The managers of the Elmira reformatory shall be continued in office until the expiration of their respective terms. The managers of the Eastern reformatory shall be appointed when the governor receives notice such reformatory is completed and ready for occupancy. Such appointment shall take effect immediately and shall be for terms of one, two, three, four and five years, respectively, from the first day of January succeeding the time of making such appointments. Their successors shall thereafter be appointed for a term of five years.

When the term of office of a manager of the Elmira reformatory expires at a time other than the last day of December, the term of office of his successor is abridged so as to expire on the last day of December, preceding the time when such term would otherwise expire, and the term of office of each manager of such reformatory thereafter appointed shall begin on the first day of January.

The managers of each reformatory may organize as a board by electing from their number a president, a secretary and a treasurer. The treasurer shall be the treasurer of the reformatory. Such managers shall receive no compensation for their services but shall be allowed their reasonable traveling and other official expenses.

[L. 1887, ch. 711, § 1.

The present board of managers of Elmira reformatory is continued in office. The new reformatory at Napanoch is to be managed by a board of the same number of managers. It is proposed that the terms of office of the managers of both these institutions should begin on the first day of January. This is to conform with the provisions made in other general laws for beginning the terms of officers appointed by the governor upon the first day of January. Many provisions of the old law are omitted because similar provisions of general application are contained elsewhere, and their re-enactment is therefore unnecessary. (See Pub. Officers Law, L. 1892, ch. 681, §§ 23, 24, 27, 28, etc.)]

§ 122. General powers and duties of managers.-The board of managers of each reformatory shall:

1. Have the general superintendence, management and control of such reformatory, of the grounds and buildings, officers and

employes thereof, of the prisoners therein, and of all matters relating to the government, discipline, contracts and fiscal concerns thereof.

2. Make rules and regulations, not inconsistent with law for the proper government of such reformatory and of the officers and employes thereof, and for the employment, discipline, education, transfer, parole and discharge of prisoners sentenced thereto.

3. Investigate the affairs of such reformatory, inquire into any improper conduct alleged to have been committed by any officer or employe, and require reports from the superintendent and other officers thereof in relation to the discipline, labor and gov ernment of such reformatory and have power to take proof under oath in any such investigation or inquiry.

4. Meet at least once in each month at the reformatory for the purpose of performing the several duties prescribed in this article.

5. Examine, monthly or quarterly, all the accounts, expenditures and vouchers relating to the business of such reformatory, and certify their approval or disapproval thereof to the comptroller.

6. Report to the legislature, annually, on or before the tenth day of January, for the year ending with the last day of the next preceding September, the condition of such reformatory, the amount of money received and expended by them during such year with a detailed statement thereof; their proceedings in regard to the prisoners therein, and such other matters as they may deem proper, or as the legislature may require.

7. Make such other reports from time to time as the legislature may require.

[L. 1887, ch. 711, § 2.

The first five subdivisions are new.]

§ 123. Appointment and removal of officers and employes.— The board of managers of each reformatory may appoint a general superintendent, a financial agent, one or more chaplains and a physician, and remove either of them for good and sufficient cause, upon written charges preferred after an opportunity to be heard.

The superintendent of each reformatory may appoint and remove at pleasure other officers, guards, keepers and employes, the number of which shall be determined by the board of managers. Such superintendent shall also appoint, by and with the advice and consent of the board of managers, such foremen and instructors as may be necessary, any of whom may be removed by the board of managers or by the superintendent.

[L. 1887, ch. 711, § 3,

without change,

Except that the number of officers, guards and employes is to be determined by the board of managers.]

§ 124. Compensation of officers and employes.-The annual compensation of the several officers, guards and keepers of each reformatory shall be fixed by the board of managers, but shall not exceed the following sums: To the superintendent, the sum of three thousand and five hundred dollars; to the financial agent, two thousand five hundred dollars; to the physician, one thousand five hundred dollars; to the clerk, one thousand dollars; to the principal keeper, one thousand dollars; to the chaplain or chaplains, one thousand dollars; to the kitchen keeper, eight hundred dollars; to the storekeeper, eight hundred dollars; to the hallkeeper, six hundred dollars; to the yardkeeper, six hundred dol. lars; to the keepers, each, six hundred dollars; to the guards,