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This act became a law March 28, 1904, and went into effect on June 1, 1904. Chapter 388 of the Laws of 1904 amends section 701 of the Penal Code to read as follows:
"Where a male person under the age of twelve years is convicted of a crime amounting to felony, or where a male person of twelve years and under the age of sixteen years is convicted of a crime, the trial court may, instead of sentencing him to imprisonment in a state prison or in a penitentiary, direct him to be confined in a house of refuge under the provisions of the statute relating thereto. Where the conviction is had and the sentence is inflicted in the first, second or third judicial districts, the place of confinement must be a house of refuge established by the managers of the society for the reformation of juvenile delinquents in the city of New York; where the conviction is had and the sentence inflicted in any other district, the place of confinement must be in the state industrial school
This act became a law on April 26, 1904, and went into effect on June 1, 1904.
It will be seen from the foregoing that both acts took effect on the same day, but the act amending the Penal Code, chapter 388, was passed subsequently to chapter 167, and is broader in its scope, so far as relates to the question of commitments, than is the provision of chapter 167 above quoted.
I am, therefore, of the opinion that chapter 388 should control as to the commitment of juvenile delinquents, and that all commitments from the first, second or third judicial districts of the persons mentioned in section 701, should be to the House of Refuge established by the managers of the Society for the Reformation of Juvenile Delinquents in the city of New York, and that where commitments are made in districts other than the first, second or third districts, the commitments should be to the State Industrial School at Rochester.
WILLIAM S. JACKSON,
Parole board should be guided by age of children as stated in the commit(State Charities Law- Consolidated
STATE OF NEW YORK,
Mr. JOSEPH P. BYERS, Superintendent
Section 184 of the Consolidated State Charities Law states:
"Male children under the age of sixteen years may be committed to the house of refuge established by the society for the reformation of juvenile deliquents, but such children in the counties of New York and Kings shall be committed to the house of refuge in New York city, established by such society *. The courts of criminal jurisdiction in the several counties shall ascertain, by such proof as may be in their power, the age of every delinquent committed to either of such institutions, and insert such age in the order of commitment, and the age thus ascertained shall be deemed and taken to be the true age of such delinquent. If the court shall omit to insert in the order of commitment the age of any delinquent committed to such school or house of refuge, the managers shall, as soon as may be after such delinquent shall be received by them, ascertain his age by the best means in their power and cause the same to be entered in a book to be designated by them for that purpose, and the age of such delinquent, thus ascertained, shall be deemed and taken to be the true age of such delinquent."
The New York House of Refuge at Randall's Island is an institution established by the Society for the Reformation of Juvenile Delinquents. The statute above quoted refers to juveniles committed to your institution. It distinctly says that the age set out in the commitment papers shall be deemed and taken to be the true age of such delinquent.
I therefore am of the opinion that, wherever the age of the delinquent is set out in the commitment, the officers of your institution should be guided by the commitment, and that that age, so shown, should be considered to be the true age of the juvenile, but, as stated in the statute, in case the commitment papers do not show the age of the juvenile, that fact should be ascertained as soon as possible by the managers of your institution, entered in a book designated for that purpose, and so considered by them to be the true age of such delinquent.
Referring to the case of Jacob Lewis, which you cite and concerning which you request my advice, I would say that the copy of the commitment furnished me states the said Jacob Lewis to be fifteen years of age, at the time of his commitment, October 23, 1905, and therefore the managers of your institution would be justified in considering the said Jacob Lewis to be not more than nineteen years of age at the present time.
EDWARD R. O'MALLEY,
§ 185. Register. Upon the commitment of a delinquent to such agricultural and industrial school or house of refuge, the superintendent thereof shall cause to be entered in the register kept for that purpose, the date of admission, name, age, place of birth, nationality, residence and such other facts as may be ascertained, relating to the origin, condition, peculiarity or inherited tendencies of such delinquent.
§ 186. Disorderly children. All male children under the age of sixteen in the several counties which now are or hereafter shall be designated by law as the counties from which juvenile delinquents shall be sent to the house of refuge in the city of New York, deserting their homes without good and sufficient cause, or keeping company with dissolute or vicious persons against the lawful commands of their fathers, mothers, guardians or other persons standing in the place of a parent, shall be deemed disorderly children.
Upon complaint made
§ 187. Arrest and conviction. on oath to any police magistrate or justice of the peace against any child within his county, under the age of sixteen, by his parent or guardian, or other person standing to him in place of a parent, as being disorderly, such magistrate or justice shall issue his warrant for the apprehension of the offender, and cause him to be brought before himself or any other police magistrate or justice of the said county for examination.
§ 188. Commitment of disorderly children. If such magistrate or justice be satisfied by competent testi mony that such person is a disorderly child within the description aforesaid, he shall make up and sign record of conviction thereof, and shall by warrant under his hand commit such person to the house of refuge established by the managers of the society for the reformation of juvenile de linquents in the city of New York, and the powers and duties of the said managers in relation to the said children shall be the same in all things as are prescribed as to other juvenile delinquents received by them; provided, however, that any person committed under this section shall have the same right of appeal now secured by law to persons convicted of criminal offense; but on any such appeal mere informality in the issuing of any warrant shall not be held to be sufficient cause for granting a discharge.
§ 189. Discharge on habeas corpus; immaterial errors. No person convicted of vagrancy or of any criminal offense, and committed to or confined in the house of refuge established by the said society in the city of New York, shall be VOL. 3-6
discharged by habeas corpus or certiorari from such confinement, on the ground that no certificate of such conviction has been filed. or on the ground of any variance, misdescription, misnomer or any defects or imperfections in matter of form contained in the record, process, entries, judgment, order of commitment, returns or other proceedings under or in pursuance of which such commitment was made; provided that such certificate be filed or such variance, misdescription, misnomer or defect, or imperfection in matter of form be corrected by order of the court before which such writ of habeas corpus or certiorari is returnable.
§ 190. Removal of children. If any child now in the house of refuge, or who may hereafter be committed to it, is a cripple, or is deaf, blind, epileptic or imbecile, or becomes so while an inmate of the house of refuge, or if the health of any such child is or shall become impaired so that, in the judgment of the managers, such child is an improper subject for retention in the house of refuge, the managers may, in their discretion, notify the parent or guardian of the condition of such child and request the parent or guardian to remove such child from the institution. If the parent or guardian so notified fails to remove such child within fifteen days after the notice is given, or if there should be no such parent or guardian known to the managers, then the superintendent of the poor of the county whence such child was committed shall, on a written request of the managers, remove such child without delay, at the expense of the said county.
§ 191. Discipline and control of inmates. The managers of the state agricultural and industrial school at Industry, shall receive and detain, during minority, every male delinquent committed thereto in pursuance of law. The managers of the house of refuge for juvenile delinquents in the city of New York may receive and detain during minority all male delinquents committed thereto. No female shall be committed to or received at either the said state agricultural and industrial school or the house of refuge for juvenile delinquents in the city of New York. The managers of each institution shall cause the children detained therein or under their care to be instructed in such
branches of useful knowledge, and to be regularly and systematically employed in such lines of industry as shall be suitable to their years and capacities, and shall cause such children to be subjected to such discipline as, in the opinion of such board, is most likely to effect their reformation. The managers of each institution, with the consent of any child committed thereto, may bind out as an apprentice or servant, such child during the time they would be entitled to retain him to such persons and at such places to learn such trade and employment as in their judgment will be for the future benefit and advantage of such child. (As amended by chapter 449 of the Laws of 1910.)
§ 192. Military drill. The superintendent of the state agricultural and industrial school, and the superintendent of the house of refuge, established by the society for the reformation of juvenile delinquents, with the approval of the respective boards of managers thereof, may institute and establish a system of rules and regulations for uniforming, equipping, officering, disciplining and drilling in military art, the inmates of such institutions, and for the exercise and drill of such inmates according to the most approved tactics, such number of hours daily as such superintendent may deem advisable.
§ 193. School ship. The managers of the society for the reformation of juvenile delinquents are hereby authorized to establish a school ship for the purpose of instructing the boys in their charge in navigation and the duties of seamanship, and for that purpose they are authorized to purchase and hold any vessel or vessels, and to navigate the same into and upon any of the ports and waters of the state.
§ 194. Officers of ship. The said society may employ such superintendents and officers for the government and instruction of the boys, and from time to time make such rules and regulations for the government of the school ship, as they may deem expedient.
§ 195. Transfer to ship. The said society shall have the control of the school ship and other vessels procured for the institution, and may transfer from the house of refuge on board of said ship or vessels such boys under their charge as they may elect,