for labor,

etc., pro

hibited.

Contracts any other authority whatsoever, make any contract by which the labor or time of any prisoner in any state prison, reformatory, penitentiary or jail in this state, or the product or profit of his work, shall be contracted, let, farmed out, given or sold to any person, firm, association or corporation; except that the convicts in said penal institutions may work for, and the products of their labor may be disposed of, to the state or any political division thereof, or for or to any public institution owned or managed and controlled by the state, or any political division thereof.

Employ. ment of prisoners at hard labor.

Labor of prisoners of first grude.

Labor of prisoners of second grade.

§ 98. The superintendent of state prisons, the superintendents, managers and officials of all reformatories and penitentiaries in the state, shall, so far as practicable, cause all the prisoners in said institutions, who are physically capable thereof, to be employed at hard labor, for not to exceed eight hours of each day, other than Sundays and public holidays, but such hard labor shall be either for the purpose of production of supplies for said institutions, or for the state, or any political division thereof, or for any public institution owned or managed and controlled by the state, or any political division thereof; or for the purpose of industrial training and instruction, or partly for one, and partly for the other of such purposes.

$99. The labor of the prisoners of the first grade in each of said prisons, reformatories and penitentiaries, shall be directed with reference to fitting the prisoner to maintain 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 salable 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 of useful products, articles and supplies needed and used in the said institutions, and in the buildings and offices of the state, or those of any political division thereof, or in any public institution owned and managed and controlled by the state or any political division thereof, or said labor may be for the state, or any political division thereof.

§ 100. The labor of prisoners of the second grade in said prisons,

reformatories and penitentiaries shall be directly primarily to labor for the state or any political division thereof, or to the production and manufacture of useful articles and supplies for said institutions, or for any public institution owned or managed and controlled by the state, or any political division thereof.

§ 101. The labor of prisoners of the third grade shall be directed to such exercise as shall tend to the preservation of health, or they shall be employed in labor for the state, or a political division thereof, or in the manufacture of such useful articles and supplies as are needed and used in the said institutions, and in the public institutions owned or managed and controlled by the state, or any political division thereof.

Labor of

prisoners of third

grado

ment for

state or

division

Devotion

state,public

and in

§ 102. All convicts sentenced to state prisons, reformatories Employ and penitentiaries in the state, shall be employed for the state, political or a political division thereof, or in productive industries for the therco benefit of the state, or the political divisions thereof, or for the use of public institutions owned or managed and controlled by the state, or the political divisions thereof, which shall be under rules and regulations for the distribution and diversification thereof, to be established by the state commission of prisons. § 103. The labor of the convicts in the state prisons and of lator to reformatorics in the state, after the necessary labor for and bungs manufacture of all needed supplies, for said institutions, shall be sututions. primarilydevoted to the state and the public buildings and insti tutions thereof, and the manufacture of supplies for the state, and public institutions thereof, and secondly fo the political divisions of the state, and public institutions thereof; and the labor of the convicts in the penitentiaries, after the necessary labor for and manufacture of all needed supplies for the same, shall be primarily devoted to the counties, respectively, in which said peni tentiaries are located, and the towns, cities and villages therein, and to the manufacture of supplies for the public institutions of the counties, or the political divisions thereof, and secondly to the state and the public institutions thereof.

To countica

towus, etc.

Distribu

labor and

§ 104. It shall be the duty of the superintendent of state tion of prisons to distribute, among the penal institutions under his industries. jurisdiction, the labor and industries assigned by the commission to said institutions, due regard being had to the location and convenience of the prisons, and of the other institutions to be supplied, the machinery now therein, and the number of

plants and

machinery,

disposal of.

prisoners, in order to secure the best service and distribution of the labor, and to employ the prisoners, so far as practicable, in occupations in which they will be most likely to obtain employPresentment after their discharge from imprisonment; to change or dischange or' pose of the present plants and machinery in said institutions now used in industries which shall be discontinued, and which can not be used in the industries hereafter to be carried on in said prisons, due effort to be made by full notice to probable purchasers, in case of sales of industries or machinery, to obtain the best price possible for the property sold, and good will of the business to be discontinued. The superintendent of state prisons shall annually cause to be procured and transmitted to the legislature, tured, etc. with its annual report a statement showing in detail, the amount and quantity of each of the various articles manufactured in the several penal institutions under his control and the labor performed by convicts therein, and of the disposition thereof.

Annual report of

articles manufac

Articles to be manu

of articles

not re

quired for

use.

§ 105. The superintendent of state prisons, and the superinfactured. tendents of reformatories and penitentiaries, respectively, are authorized and directed to cause to be manufactured by the convicts in the prisons, reformatories and penitentiaries, such articles as are needed and used therein, and also such as are required by the state or political divisions thereof, and in the buildings, offices and public institutions owned or managed and controlled by the state, including articles and materials to be used in the Furnishing erection of the buildings. All such articles manufactured in the state prisons, reformatories and penitentiaries, and not required for use therein, may be furnished to the state, or to any political division thereof, or for or to any public institution owned or managed and controlled by the state, or any political division thereof, at and for such prices as shall be fixed and determined as hereinafter provided, upon the requisitions of the proper offiPurchase cials, trustees or managers thereof. No articles so manufactured from other shall be purchased from any other source, for the state or public state, etc. institutions of the state, or the political divisions thereof, unless said state commission of prisons shall certify that the same can not be furnished upon such requisition, and no claim therefor shall be audited or paid without such certificate.

of articles

sources by

State offcials, etc.,

§ 106. On or before October first in each year, the proper offito report cials of the state, and the political divisions thereof, and of the institutions of the state, or political divisions thereof, shall report

to commis

Boners.

to the said commission of prisons estimates for the ensuing year of the amount of supplies of different kinds required to be purchased by them that can be furnished by the penal institutions of the state. The said commission is authorized to make Regula regulations for said reports, to provide for the manner in which reports. requisitions shall be made for supplies, and to provide for the proper diversification of the industries in said penal institutions.

tions for

tion of

articles.

§ 107. The comptroller, the state commission of prisons and Determina the superintendent of state prisons and the lunacy commission prices for shall fix and determine the prices at which all labor performed, and all articles manufactured and furnished to the state, or the political divisions thereof, or to the public institutions thereof, shall be furnished, which prices shall be uniform to all, except that the prices for goods or labor furnished by the penitentiaries, to or for the county in which they are located, or the political divisions thereof, shall be fixed by the board of supervisors of such counties, except New York and Kings counties, in which the prices shall be fixed by the commissioners of charities and correction, respectively. The prices shall be as near the usual market price for such labor and supplies as possible. The state Forms for commission of prisons shall devise and furnish to all such insti- tions, etc. tutions a proper form for such requisition and the comptroller shall devise and furnish a proper system of accounts to be kept for all such transactions.

requisi

tion from

certain

§ 108. Every prisoner confined in the state prisons, reforma- Compensa tories and penitentiaries, who shall be come entitled to a diminu- earnings to tion of his term of sentence by good conduct, may, in the discre- prisoners. tion of the agent and warden, or of the superintendent of the reformatory, or superintendent of the penitentiary, receive compensation from the earnings of the prison or reformatory or peni tentiary 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 and penitentiary, for the prisoners therein, for the time such prisoner. may work, but in no case shall the compensation allowed to such convicts exceed in amount ten percentum of the earnings of the prison or reformatory or penitentiary in 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; provided, that whenever any

for misconduct.

Proviso as

to prisoners

un er life

sentence.

Forfeiture prisoner shall forfeit his good time for misconduct or violation of the rules or regulations of the prison, reformatory or penitentiary, he shall forfeit out of the compensation allowed under this section fifty cents for each day of good time so forfeited, and provided, that prisoners 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 misconduct as herein provided. The agent and warden of each prison, or the superintendent of the reformatory or superintendent of the penitentiary 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.

Uniform

system of fines,

Fines re

ceived how

disbursed.

§ 109. All moneys received for fines under this act, from credited and prisons and reformatories, shall be credited to a general fund, and be disbursed by direction of the superintendent of prisons, for special aid to discharge prisoners who are infirm, indigent, or in any way incapable to an unusual degree, of earning a sufficient subsistence after their release, and all moneys received for fines imposed under this act by the superintendents of penitentiaries, shall be credited to a general fund and be disbursed by direc tion of the board of supervisors of the counties in which they are located, except that in the counties of New York and Kings they shall be disbursed by direction of the commissioners of charities. and corrections.

Monthly estimates

and warden.

§ 112. Such agent and warden shall also on the first day of each by agent month, make an estimate and detailed statement of all materials, machinery, fixtures, tools or other appurtenances or accommodations, and of the cost thereof, which will, in his judgment, be necessary for carrying on the labor of the prisoners at such prison, both for the purposes of production, and of industrial training and education, for the next ensuing month, or which, in his judgment, should be contracted for during such month, which estimate shall be forwarded to the superintendent of state prisons, who may revise the same by reducing the amount thereof, and he shall certify that he has carefully examined the same, and that the articles contained in said estimate or in said estimates are so revised by him, are actually required for the use of the