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branches and warden or chaplain may require the same and be benefited of educa- thereby. The time devoted to such instruction shall not be less than an average of one hour and a half daily, Sunday excepted, between the hours of six and nine in the evening, in such room or rooms as may be provided for that purpose.

tion.

Single cells

ers.

§ 85. Whenever there shall be a sufficient number of cells in the for prison- prison, it shall be the duty of the warden to keep each prisoner single in his cell at night, and also in the daytime when not employed, unless such prisoner be then released on parole.

Clothing,

bedding

§ 86. The clothing and bedding of the prisoners shall be of coarse bed food. materials, and shall be manufactured as far as practicable in the prison. The prisoners shall be supplied with a sufficient quantity of inferior but wholesome food.

Shower bath, buck and cer

punish

ments

§ 87. The punishment commonly known as the shower bath, crucifix and yoke and buck are hereby abolished in all the State prisons and tain other penitentiaries of this State. No keeper in any prison shall inflict any blows whatever upon any prisoner, unless in self-defense, or to suppress abolished. a revolt or insurrection. When several prisoners combine, or any Enforce- single prisoner shall offer violence to any officer of a State prison, or discipline to any other prisoner, or do or attempt to do any injury to the buildand self-ing or any workshop or to any appurtenances thereof or to any propprison off- erty therein, or shall attempt to escape, or shall resist or disobey any lawful command, the officers of the prison shall use all suitable means to defend themselves, to enforce observation of discipline; to secure the persons of the offenders, and to prevent any such attempt or

ment of

defense.by

cers.

Infliction

ment, with short allowance.

escape.

§88. If in the opinion of the agent and warden of such prison it of punish shall be deemed necessary, in any case, to inflict unusual punishment in order to produce the entire submission or obedience of any prisoner, it shall be the duty of such agent and warden to confine such prisoner immediately in a cell, upon a short allowance, and to retain him therein until he shall be reduced to submission and obedience. The short allowance of each prisoner so confined shall be prescribed by the physician, whose duty it shall be to visit such prisoner and examsto same. ine daily into the state of his health until the prisoner be released from solitary confinement and returned to his labor.

Duty of

physician

Escaped

duty of

warden as

to.

return to prison.

§ 89. Whenever any prisoner confined in a State prison, and not prisoners, released on parole, shall escape therefrom, it shall be the duty of the agent and agent and warden of such prison to take all proper measures for the apprehension of the prisoner or prisoners so escaped; and in his discretion he may offer a reward not exceeding fifty dollars for the appreMay offer hension and delivery of every such escaped prisoner or prisoners; and, reward for with the consent of the Superintendent of State Prisons, such reward may be increased to a sum not exceeding two hundred and fifty dollars each. The agent and warden of a State prison may pay a reward not exceeding fifty dollars for the apprehension and delivery of any such escaped prisoner, whether such reward shall have been previously Prisoner, offered or not. Any such prisoner, escaped from any State prison or penitentiary in this State, and afterwards arrested, shall serve out the full balance of his sentence remaining unexpired at the time of such on return. escape, notwithstanding the time may have expired previous to his recovery, as if he had remained in prison except as provided by chapter twenty-one of the laws of eighteen hundred and eighty-six. All suitExpense of able rewards and other sums of money paid for so advertising and apprehending any such escaped prisoner shall be paid by the agent and warden out of the funds of the prison.

to serve

out full term of sentence,

Exceptions.

capture,

etc., how

paid.

warden to

Governor,

§ 90. Whenever the agent and warden of a State prison shall have Insanity, reason to believe that any prisoner in the prison was insane at the time agent and he committed the offense for which he was sentenced, such warden report to shall communicate in writing to the Governor his reason for such opin- probable ion, and shall refer the Governor to all the sources of information with cases of. which he may be acquainted in relation to the insanity of such pris

oner.

when to be

deceased

§ 91. Whenever a prisoner shall die in any State prison, it shall be coroner's the duty of the Superintendent of State Prisons, and of the agent and inquests, warden, physician and chaplain of the prison, if they or either of held upon them shall have reason to believe that the death of the prisoner arose prisoners. from any other cause than ordinary sickness, to call upon the coroner having jurisdiction to hold an inquest upon the body of such deceased prisoner.

or conta

prisoners,

§ 92. In case any pestilence or contagious disease shall break out Pestilence among the prisoners in either of the State prisons, or in the vicinity gion, reof such prisons, the Superintendent of State Prisons may cause the moval of prisoners confined in such prison, or any of them, to be removed to authorized some suitable place of security, where such of them as may be sick in. shall receive all necessary care and medical assistance; such prisoners shall be returned as soon as may be to the State prison from which they were taken, to be confined therein according to their respective

sentences.

endan

§ 93. Whenever by reason of any State prison, or any building con- Removal of tiguous to such prison, being on fire, there shall be reason to appre- prisoners hend that the prisoners may be injured or endangered by such fire, or gered by may escape, it shall be the duty of the agent and warden of such prison buildings. to remove such prisoners to some safe and convenient place, and there confine them until the necessity of such removal shall have ceased.

burning

with pris

author

§ 94. No person not authorized by law or by a written permission Communifrom the Superintendent of State Prisons, shall visit any State prison, cations or communicate with any prisoner therein without the consent of the oners, how agent and warden, nor without such consent, shall any person bring ized. into or convey out of a State prison any letter or writing to or from any prisoner, nor shall any letter or writing be delivered to a pris- Letters to oner, or if written by a prisoner, be sent from the prison, until the or from same shall have been examined and read by the agent and warden, or examinasome other officer of the prison duly authorized by the agent and tion of. warden. Whoever shall violate the provisions of this section shall be Penalty for deemed guilty of a misdemeanor.

ARTICLE THIRD.- OF THE LABOR OF PRISONERS.

prisoners,

violation hereof.

95. The Superintendent of State l'risons shall direct the classifica- Grades of tion of prisoners into three classes or grades, as follows: In the first prisoners. grade shall be included those appearing to be corrigible or less vicious First grade than the others and likely to observe the laws and to maintain themselves by honest industry after their discharge; in the second grade Second shall be included those appearing to be incorrigible or more vicious, grade. but so competent to work and so reasonably obedient to prison discipline as not seriously to interfere with the productiveness of their labor, or of the labor of those in company with whom they may be employed; in the third grade shall be included those appearing to be Third incorrigible or so insubordinate or so incompetent otherwise than from grade. temporary ill health as to seriously interfere with the discipline or productiveness of the labor of the prison.

tions or reductions

ers of dif

ferent grades.

Contracts

for labor of prison

bited.

Prisoners

Promo- § 96. The Superintendent of State Prisons may make rules and regulations for the promotion or reduction of the prisoners from one in grades. grade to another, and shall transfer from time to time the prisoners Trausfers. in the State prisons from one prison to another with reference to the respective capacities of the several State prisons, or with reference to Separation the health or reformation of the prisoners, or with reference to inof prison cluding all prisoners of one grade as nearly as may be practicable in one prison, or may direct the separation from each other of the prisoners of different grades so far as practicable within each State prison. § 97. The Superintendent of State Prisons shall not nor shall any other authority whatsoever make any contract by which the labor or ers prohi- time of any prisoner in the State prison shall be contracted, let or hired to contractors at a price per day or for other period of time. § 98. The Superintendent of State Prisons shall, so far as practo be kept ticable, cause all the prisoners in said prisons, who are physically calabor. pable thereof to be employed at hard labor for not to exceed eight hours Methods of of each day, other than Sundays and public holidays; but such hard such labor. labor may be either for the purpose of production and profit or for the purpose of industrial training and instruction, or partly for one and partly for the other of such purposes as hereinafter provided. § 99. The labor of the prisoners of the first grade in each of said prisons shall be directed with reference to fitting the prisoner to mainprisoners tain himself by honest industry after his discharge from imprisonment as the primary or sole object of such labor, and such prisoners of the first grade may be so employed at hard labor for industrial training and instruction solely, even though no useful or saleable products result from their labor, but only in case such industrial training or instruction can be more effectively given in such manner. Otherwise and so far as is consistent with the primary object of the labor of prisoners of the first grade as aforesaid, the labor of such prisoners shall be so directed as to produce the greatest amount and value of useful or saleable products.

at hard

First grade,

labor of

of.

Industrial training. Proviso.

Second grade,

labor of, how directed

Third grade,

labor of, how directed.

Public ac count or piece price

be em

ployed.

§ 100. The labor of prisoners of the second graue in each of said prisons shall be directed primarily to the production of the greatest amount and value of useful and saleable products, but secondarily to fitting such prisoners to maintain themselves by honest industry after their discharge from imprisonment, even though their labor be rendered thereby less productive.

§ 101. The labor of the prisoners of the thiru grade shall be directed solely to such exercise as shall tend to the preservation of health, or the manufacturing without the aid of machinery, of such articles as are needed in the public institutions of the State, or such other manual labor as the Superintendent of State Prisons shall direct, which shall not compete with free labor.

§ 102. The system of productive labor in eacn o. said prisons shall be either the public account system, or what is known as the piece system, to price system, or partly one or partly the other of such systems, as the Superintendent of State Prisons shall determine. By the public account system is meant the system by which the State furnishes machinery and material for the labor of the prisoners and markets the products of such labor thereon. By the piece price system is meant the system by which the State receives payment for the products of the labor of the prisoners upon materials and machinery furnished by the person making such payment or furnished partly by such person and partly by the State.

"Public account system" defined.

"Piece price

system" defined.

Piece price

§ 103. Whenever the amount appropriated by the State therefor,

when to

ket rates,

shall be insufficient to conduct or continue such productive labor un- system, der the public account system, it shall be the duty of the Superin- em tendent of State Prisons to use his best endeavors to cause such ployed. productive labor to be conducted under the piece price system. It Full marshall also be the duty of the Superintendent of State Prisons and Re- to be obformatories and agents and wardens thereof to obtain the full market tained for rates for all products of the labor of prisoners of such prison whether manufactured under the piece price system or under the public account system. But none of the products of the labor of prisoners shall be Proviso. sold for less than ten per centum in excess of the cost of the materials used in the manufacture of such products.

products.

tendent.to

productive

§ 104. It shall also be the duty of the Superintendent of State Superin. Prisons to determine what lines of productive labor shall be pursued in determine each prison, and in so determining said Superintendent shall select lines of diversified lines of industry with reference to interfering as little as labor. possible with the same lines of industry carried on by the citizens of this State, and also with reference to employing the prisoners so far as practicable in occupations in which they will be most likely to obtain employment after their discharge from imprisonment. The Superintendent of State Prisons shall annually cause to be procured and trans- To report mit the same to the Legislature with his annual report, a statement ture, as to showing in detail the amount and quantity of each of the various articles articles manufactured in the several penal institutions under his control within ured and this State under the public account or piece price plan which have sold. been or were intended to be sold other than through public institu

tions.

to Legisla

manufact

prisoners,

ployed in

kind of

hollow

shoes.

ure of arti

§ 105. The total number of prisoners employed at one time in manu- Percentfacturing one kind of goods which are manufactured elsewhere in the age of State shall not exceed five per centum of the number of all persons to be emwithin the State employed in manufacturing the same kind of goods, manufactas shown by the last United States census or State enumeration, ex-uring any cept in industries in which not to exceed fifty free laborers are em- goods. ployed. Provided that not more than one hundred prisoners shall be employed in all the prisons of the State in the manufacture of stoves Stoves and and iron hollow-ware, and that not more than one hundred prisoners ware. shall be employed in all the prisons of the State, in the manufacture of boots and shoes, and provided further that no prisoner shall be em- Boots and ployed upon any one of said specified industries, in any of the peni- Proviso, as tentiaries, reformatories or houses of correction in the State; except to penitenin making articles for the use of the public institutions of the State. tiaries, etc. § 106. The Superintendent of State Prisons shall hereafter cause to Manufactbe manufactured by the prisoners in said prisons, such articles as are cles used commonly needed and used in the public institutions of this State, in publ for clothing and other necessary supplies of such institutions and the tions. inmates thereof; and all such articles manufactured in the State prisons and not required for use therein, shall be furnished to the several How furpublic institutions supported in whole or in part by the State, for the such insti use of their inmates, upon the requisitions of the trustees or managers tutions. thereof upon the Superintendent of State Prisons, and no article so Proviso. manufactured shall be purchased for the purpose of such public institutions, unless the same cannot be furnished upon such requisitions. § 107. The Comptroller, the Superintendent of State Prisons and Board conthe President of the State Board of Charities, shall constitute a board ax value whose duties shall be to fix and determine the value or prices at which of articles all articles manufactured as provided in the last preceding section and ured, for furnished for use in the several public institutions of the State, shall Pututions.

nished for

stituted,to

manufact

requisi

tions therefor.

public in

to manu

facture.

Compen

from earnings, to prisoners

of sen

tence for good conduct.

Limitation.

be so furnished, which prices shall be uniform to all such institutions. Forms for The Comptroller shall devise and furnish to all such institutions a proper form for such requisitions, and also a proper system of accounts to be kept for all such transactions. Nothing in this act conRights of tained shall be construed to prevent in any one of the said public institutions stitutions of the State the manufacture by its own inmates of articles or supplies as may be needed for its own use or for the use of its inmates. $108. Every prisoner confined in the State prisons who shall become sation entitled to a diminution of his term of sentence by good conduct while in prison or confined in the New York State Reformatory at Elmira, receiving may, in the discretion of the agent and warden, or of the superindiminution tendent of said reformatory receive compensation from the earnings of the prison or reformatory in which he is confined, such compensation to be graded by the agent and warden of the prison for the prisoners therein and the superintendent of the reformatory for the prisoners therein, for the time which such prisoner may work, but in no case shall the compensation allowed to such convicts exceed in amount ten per centum of the earnings of the prison or reformatory in Compen which they are confined. The difference in the rate of compensation shall be based both on the pecuniary value of the work performed, and also on the willingness, industry and good conduct of such prisoner; Forfeiture provided that whenever any prisoner shall forfeit his good time for misconduct or violation of the rules or regulations of the prison, he shall forfeit out of the compensation allowed under this section fifty cents for each day of good time so forfeited, and provided that prisProviso, as oners serving life sentences shall be entitled to the benefit of this section when their conduct is such as would entitle other prisoners to a diminution of sentence subject to forfeiture of good time for missentences. conduct as herein provided. The agent and warden of each prison or the superintendent of said reformatory may institute and maintain. a uniform system of fines to be imposed at his discretion in place of his other penalties and punishments, to be deducted from such compensation standing to the credit of any prisoner for misconduct by such prisoner.

sation, how ar rived at.

for misconduct.

to pris

oners under life

System of
fines
for mis-
conduct,
author-

ized.

Fines received,

§ 109. All moneys received for fines under this act shall be credited how cred- to a general fund, and be disbursed by direction of the Superintendent of Prisons for special aid to discharged prisoners who are infirm, indigent, or in any way incapable, to an unusual degree, of earning a sufficient subsistence after their release.

ited and

disbursed.

Surplus to credit of

imprison

ment.

§ 110. The amount of such surplus standing on the books of the prisoner, prison, to the credit of any prisoner may be drawn by the prisoner during his imprisonment, only upon the certified approval of the disbursed, Superintendent of State Prisons for disbursement by the agent and during his warden of said prison or superintendent of said reformatory to aid dependent relatives of such prisoner, or for books, instruments and instruction not supplied by the prison to the men of his grade, or may Not to be with the approval of the said Superintendent of State Prisons be so dbursed disbursed without the consent of such prisoner, but no portion thereof shall be disbursed for indulgences of food, clothing, or ornament beclothing. yond the common condition of the others in his class in the prison at Balance to the time. And any balance to the credit of any prisoner at the time of his conditional release as provided by this act, shall be subject to the draft of the prisoner in such sums and at such times as the Superintendent of State Prisons shall approve; but, at the date of the absolute discharge of any prisoner the whole amount of credit balance as aforesaid shall be subject to his draft at his pleasure. Provided, that

gence in

food or

credit of

prisoner, how paid

on conditional

release or

full discharge.

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