Слике страница

terest of the public health and morals; that its purpose is not wholly penal; that legislation, which has for its object, not only the cure of physical disease, but moral reformation, is wholesome in its character and constitutional. Supreme Court, Appellate Division, Second Department, March, 1911, People ex rel. St. Clair v. Davis, 143 App. Div. 579.

No authority to contract to receive prisoners sentenced by United States courts. Section 116, Prison Law, does not apply.

[blocks in formation]

Hon. JAMES WOOD, President, New York State Reformatory for Women, Bedford, N. Y.:

DEAR SIR. I have your letter of the 29th ultimo, asking my opinion upon the right of your reformatory to contract to receive prisoners sentenced by United States courts.

I have given the matter careful attention and, although the subject is not free from doubt, it is my opinion that the statutes do not give your reformatory the right to make such contracts.

Section 116 of the Prison Law, as amended by chapter 429 of the Laws of 1896, reads in part as follows:

"It shall be lawful for the agents and wardens of the state prisons and the managers of the reformatories of the state to receive prisoners convicted and sentenced in the United States courts in this state, for one year or more, upon proper contracts made for their care and custody, to be approved by the superintendent of state prisons, but no prisoners sentenced in United States courts in this state for one year or more shall be received in any penal institution in this state except in the state prisons and reformatories as aforesaid."

At first glance it would seem that this statute authorizes your reformatory to make such contracts. A closer examination of the statute, however, discloses in my opinion that your reformatory is not one of those contemplated or included in this law. You will note that the contract is subject to the approval of the Superintendent of State Prisons. This official has no connection whatever with the State Reformatory for Women at Bedford, of which you are president, inasmuch as this is subject to the State Board of Charities, being governed by sections 140 and 153 of the State Charities Law.

Moreover, an examination of the statute under which your reformatory receives commitments discloses a clear intent on the part of the Legislature to limit its inmates to women of certain ages who have been convicted of lesser crimes and misdemeanors. The term of such commitment is to be three years, but a discharge may be made sooner by the board of managers. If women sentenced by the United States courts could be received, therefore, it is clear that the object of the institution would be seriously affected. Commitments could then be made of women convicted of felonies and sentenced to much longer terms of imprisonment.

It is, therefore, my opinion, that the State Reformatory for Women at Bedford, being subject to the State Charities Law and not under the supervision or control of the Superintendent of State Prisons, is not such a

reformatory as is referred to in section 116 of the Prison Law quoted above, and, therefore, that it has no statutory authority to receive United States prisoners.

Very truly yours,



§ 227. Return of females improperly committed. Whenever it shall appear to the satisfaction of the board of managers of any such institution, that any person committed thereto is not of proper age to be so committed or is not properly committed, or is insane or mentally incapable of being materially benefited by the discipline of any such institution, such board of managers shall cause the return of such female to the county from which she was so committed. Such female shall be so returned in the custody of one of the persons employed by such boards of managers to convey to such institutions women committed thereto, who shall deliver her into the custody of the sheriff of the county from which she was committed. Such sheriff shall take such female before the magistrate making the commitment, or some other magistrate having equal jurisdiction in such county, to be by such magistrate resentenced for the offense for which she was committed to any such institution and dealt with in all respects as though she had not been so committed. The costs and expenses of the return of such female, necessarily incurred and paid by any such board of managers, shall be a charge against the county from which such female was committed, to be paid by such county to such board of managers in the same manner as other county charges are collected.

§ 228. Transfers to other institutions. If at any time. there shall be more inmates in any one of such institutions than can be properly cared for therein, the board of managers shall so inform the state board of charities. The state board of charities may thereupon authorize and direct the transfer of such excess, or any part of such excess of inmates, to such one of the other houses of refuge or state reformatories as the state board of charities may designate. The said board of managers shall thereupon transfer to such other institution such number of inmates, preferably those last received by such institution.

Such transfers shall be made as follows: The board of managers. shall advise the superintendent of the institution so designated of the number to be so transferred, and this officer shall cause them to be taken to such institution and receive and keep them according to their sentences respectively, the same as if they had been originally sentenced thereto. With the inmates so transferred there shall be furnished certified copies of their sentences and commitments.

§ 229. Disposition of children of women so committed. If any woman committed to any such institution, at the time of such commitment, is a mother of a nursing child in her care under one year of age, or is pregnant with child which shall be born after such commitment, such child may accompany its mother to and remain in such institution until it is two years of age and must then be removed therefrom. The board of mana gers of any such institution may cause such child to be placed in any asylum for children in this state and pay for the care and maintenance of such child therein at a rate not to exceed two and one-half dollars a week, until the mother of such child shall have been discharged from such institution, or may commit such child to the care and custody of some relative or proper person willing to assume such care. If such woman, at the time of such commitment, shall be the mother of and have under her exclusive care a child more than one year of age, which might otherwise be left without proper care or guardianship, the magistrate committing such woman shall cause such child to be committed to such asylum as may be provided by law for such purposes, or to the care and custody of some relative or proper person willing to assume such care.

§ 230. Conveyance of women committed. The board of managers of each of such institutions shall employ suitable persons, to be known as marshals, to convey from the place of conviction to such institution all women legally committed thereto, and such marshals shall have the power and authority of deputy sheriffs in respect thereto. All expenses necessarily incurred in making such conveyance shall be paid by the treasurer of the board of managers. In case of the commitment of a woman,

who, at the time thereof, is the mother of a nursing child or is pregnant, the board of managers shall designate a woman of suitable age and character to accompany the person so committed, along with the officer or representative, authorized in this section to be employed by such managers.

§ 231. Detentions and rearrests in case of escapes. The board of managers of any such institution may detain therein, under the rules and regulations adopted by them, any female legally committed thereto, according to the terms of the sentence and commitment, and conditionally discharge such female at any time prior to the expiration of the term of commitment. If an inmate escape or be conditionally discharged from any such institution, the board of managers may cause her to be rearrested and returned to such institution, to be detained therein for the unexpired portion of her term, dating from the time of her escape or conditional discharge. A person employed by the board of managers of any such institution to convey to such institution women committed thereto may arrest, without a warrant, an escaped inmate in any county of this state, and shall forthwith convey her to the institution from which she escaped; and a magistrate may cause an escaped inmate to be arrested and held in custody until she can be removed to such institution, as in the case of her first commitment thereto. A person conditionally discharged from any such institution may be arrested and returned thereto, upon a warrant issued by its president and secretary. Such warrant shall briefly state the reason for such arrest and return, and shall be directed and delivered to a person employed by such board of managers to convey to such institutions women committed thereto, and may be executed by such person in any county of this state.

§ 232. Employment of inmates. The board of managers of each institution shall determine the kind of employment for women cominitted thereto and shall provide for their necessary custody and superintendence. The provisions for the safe keeping and employment of such women shall be made for the purpose of teaching such women a useful trade or profession and improving their mental and moral condition. Such board of

managers may credit such women with a reasonable compensation for the labor performed by them, and may charge them with the necessary expenses of their maintenance and discipline, not exceeding the sum of two dollars per week. If any balance shall be found to be due such women at the expiration of their terms of commitment, such balance may be paid to them at the time of their discharge. To secure the safe keeping, obedience and good order of the women committed to any such institution, the superintendent thereof has the same power as to such women as keepers of jails and penitentiaries possess as to persons committed to their custody.

§ 233. Clothing and money to be furnished discharged inmates. The board of managers of any such institution may, in their discretion, furnish to each inmate of such institution who shall be discharged therefrom, necessary clothing not exceeding twelve dollars in value, or if discharged between the first day of November and the first day of April to the value of not exceeding eighteen dollars, and ten dollars in from money, and a ticket for the transportation of one person such institution to the place of the conviction of such inmate, or to such other place as such inmate may designate, at no greater distance from such institution than the place of conviction.


New York State Woman's Relief Corps Home

Section 250. Establishment of home.

251. Board of managers.

252. Official oath.

253. Organization of board.

254. Report to legislature.

255. Admission to home.

256. Powers of board of managers.
257. Record.

§ 250. Establishment of home. The home for the aged lependent veteran and his wife, veterans' mothers and widows and

« ПретходнаНастави »