1580. Board must keep account of funds received, and report to governor. SEC. 1580. The board must keep correct accounts of all funds received from proceeds of convict labor, and appropriate such funds to the maintenance of the convicts and to the payment of prison expenses, and must make a full report to the governor on the first Monday of each August next before the assembling of the legislature, which report must contain a complete statement of the number and condition of the prisoners at the prison; the number and character of officers they have appointed, and the monthly pay received by each; the amount of expenses incurred, and for what; the amount and condition of personal property, belonging to the state, connected with the state prison; and the actual condition of the buildings and property.

1581. Persons convicted of offenses against United States to be received in prison. SEO. 1581. The authorities of the state prison must receive into the prison any person convicted of an offense against the United States, and keep such person in solitary confinement or at hard labor, or in confinement with or without hard labor, as provided in the order of the court pronouncing sentence, until legally discharged, the United States supporting such convict, and paying the expenses of the execution of his sentence.

1582. Disposition of insane prisoners.

SEC. 1582. When the physician, warden, and captain of the yard of the prison, after an examination, are of opinion that any prisoner is insane, they must certify the fact under oath to the governor, who may, in his discretion, order the removal of such prisoner to the insane asylum. As soon as the authorities of the asylum ascertain that such person is not insane, they must immediately notify the warden of that fact, and thereupon the warden must cause such prisoner to be at once returned to the prison, if his term of imprisonment has not expired.

1583. State prison fund.

SEC. 1583. The moneys appropriated by the legislature and the proceeds of the labor of prisoners constitute the state prison fund.

1584. State prison fund, how disbursed.

SEC. 1584. The moneys in the state prison fund are applicable to the payment of the expenses of the prison, and the salaries of the directors and officers thereof. The expenses and salaries must be audited and allowed by a board of examiners of state prison accounts, consisting of the attorney-general, treasurer, and controller; after which, upon the order of the board of directors, the controller must draw his warrant on the treasurer therefor, and the treasurer must pay the same out of such fund.

1585. Board cannot contract debts.

SEC. 1585. The board of directors cannot contract any debt or incur any liability binding upon the state.

"The preceding chapter is based upon the sec. 1; 1868, p. 141, sec. 1:" Commissioners' following statutes: 1858, p. 259, secs. 4, 5, 9, note. 10, 11, 12; 1860, p. 341, sec. 1; 1864, p. 24,

An Act appropriating money for building work-shops and prison-buildings at the California state prison, at San Quentin. [Approved March 31, 1876; 1875–6, 643.]

This act appropriated two hundred thousand dollars for the construction of a large fire-proof work-shop, four hundred feet by sixty feet, and four stories high; also for the purchase of state machinery, shafting, water-pipes, and hose. It provided that bids for sealed proposals to fur

nish the necessary materials should be published in two daily newspapers in San Francisco for at least ten days. For references to other acts relative to the state prison, see Statutes in Force, tit. "Marin County."

1586. Compensation of sheriffs for transportation of convicts.

SEC. 1586. Sheriffs delivering prisoners at the state prisons must receive all expenses necessarily incurred in their transportation, and also a just and reasonable compensation for their own services, the amount of the expenses and compensation in each case to be audited and allowed by the board of examiners, and paid out of any moneys in the state treasury appropriated for that purpose, and no further compensation shall be received by sheriffs for such transportation or services. [Amendment, approved April 9, 1880; Amendments 1880, 31 (Ban. ed. 188); took effect immediately; repealed all conflicting acts.]

An Act to allow compensation to sheriffs for conveying prisoners to the state prisons, and insane persons to the insane asylums.

[Approved March 14, 1885; 1885, 126.]

Allowance to sheriff for conveying insune and prisoners.

SECTION 1. There shall be allowed by the state board of examiners to the sheriff, for delivering a prisoner to either of the state prisons, actual expenses and five dollars per diem for the time necessarily consumed in delivering such prisoner.

SEC. 2. There shall be allowed by the state board of examiners to the sheriff, for delivering an insane person to either of the insane asylums, his actual expenses and the same per diem as is allowed in section one of this act.

SEC. 3. This act shall take effect and be in force from and after its passage.

1587. Contracts for provisions, clothing, etc., to be given at public letting.

SEC. 1587. The board of directors are hereby authorized and required to contract for provisions, clothing, medicines, forage, fuel, and other supplies for the prison, for any period of time not exceeding one year; and such contract shall be given to the lowest bidder, at a public letting thereof, if the price bid is a fair and reasonable one, and not greater than the usual market value and price. Each bid shall be accompanied by a bond, in such penal sum as said board shall determine, with good and sufficient sureties, conditioned for the faithful performance of the terms of such contract. Notice of the time, place, and conditions of letting of each contract shall be given, for at least four consecutive weeks, in two daily newspapers in the cities of San Francisco and Sacramento; and also four insertions in a weekly paper published in the county in which the prison is situated. If all the bids made at such letting are deemed unreasonably high, the board may, in their discretion, decline to contract, and may again advertise for proposals, and may so continue to renew the advertisement until satisfactory contracts may be had; and in the mean time the board may contract with any one whose offer may be regarded just and proper; but no contract thus made shall be let to run more than sixty days, or shall in any case extend beyond the public letting. No bids shall be accepted, and a contract entered into in pursuance thereof, when such bid is higher than any other bid made at the same letting for the same article, and where a contract can be had at such lower bid. When two or more bids for the same article are equal in amount, the board may select the one which, all things considered, may by them be thought best for the interest of the state, or may divide the contract between the bidders, as in their discretion may seem proper and right; provided, no contract shall be given, or purchase made, where either of the board, or any of the officers of the prison, is interested. All contracts or purchases. made in violation of this section shall be void. [New section, approved February 24, 1874; Amendments 1873-4, 467; took effect sixtieth day after passage.]

341

CHAPTER II.

OF THE DISCHARGE OF PRISONERS BEFORE THE EXPIRATION OF THEIR TERM OF SERVICE.

1590. Credits for good behavior, how and when allowed.

SEO. 1590. The board of state prison directors of this state shall require of every able-bodied convict confined in said prison as many hours of faithful labor, in each and every day during his term of imprisonment, as shall be prescribed by the rules and regulations of the prison; and every convict faithfully performing such labor, and being in all respects obedient to the rules and regulations of the prison, or if unable to work, yet faithful and obedient, shall be allowed from his term, instead and in lieu of the commutation heretofore allowed by law, a deduction of two months in each of the first two years, four months in each of the next two years, and five months in each of the remaining years of said term; provided, that any such convict who shall commit an assault upon his keeper, or any foreman, officer, or convict, or otherwise endanger life, or by any flagrant disregard of the rules of the prison, or any misdemeanor whatever, shall forfeit all deductions of time earned by him for good conduct before the commission of such offense; such forfeiture, however, shall only be made by the board of directors, after due proof of the offense, and notice to the offender; nor shall such forfeiture be imposed when a party has violated any rule or rules without violence or evil intent, of which the directors shall be the sole judges. The name of no convict who attempts to escape, after the passage of this act, shall be sent by the state prison officials to the governor for the commutation herein provided; provided further, that of those prisoners entitled to their discharge at the date of the passage of this act, by virtue of the provisions hereof, not more than one shall be discharged on any one day, and the discharges shall be made in the order in which they would have occurred if this act had been passed April, eighteen hundred and sixty-four. [Amendment, approved March 29, 1878; Amendments 1877-8, 124; took effect from and after April 15, 1878.]

1591. Credits, when forfeited.

SEC. 1591. The rule of commutation fixed in the preceding section is to be so applied as that any refusal to labor, a breach of the prison rules, or other misconduct, works a forfeiture of the credits of time thus earned, or such part of it as the warden or resident director may determine, subject to confirmation or rejection by the board of directors, on appeal by the prisoner. Unless the board, on appeal, at is first session thereafter, rejects the forfeiture, it is confirmed. Credits once forfeited cannot be restored except by the board, and then only when circumstances render such restoration urgently necessary. The above provisions apply to all persons now imprisoned in the state prison, and the commutation must be computed from April fourth, A. D. eighteen hundred and sixty-four.

1592. Board to make rules and regulations.

SEC. 1592. The board may make such rules and regulations as may be necessary to carry into effect the provisions of this chapter, and may declare and establish a proper scale or rate of debits and credits for good conduct or misconduct, which shall accompany the rules of discipline of the prison, and in a book to be kept for that purpose, must cause to be entered up, at the end

of each month, the result of credits to which each prisoner may be entitled, and on the first day of each month announce such result to the prisoners. Every contractor employing convict labor must keep a similar record of the conduct of all prisoners employed by him, and submit the same for inspection to the board at the end of each month, who must take the same into consideration in making up their decision.

1593. Board when to report credits to governor.

SEC. 1593. At the end of every month the board must report to the governor of this state the names of all prisoners whose terms of imprisonment are about to expire by reason of the benefits of this chapter, giving in such report the terms of their sentences, the date of imprisonment, the amount of total credits to the date of such report, and the date when their service would expire by limitation of sentence. The governor, at the expiration of the term for which any prisoner has been sentenced, less the number of days allowed and credited to him, must order the release of such prisoner, by an order under his hand addressed to the warden of the prison, in such mode and form as he may deem proper, and with or without restoration to citizenship, according to his discretion.

1594. Further powers of board.

SEC. 1594. The board must grant and enter up in favor of such prisoners whom they may deem worthy, by reason of good conduct and industry, during the twelve months prior to the fourth day of April, A. D. eighteen hundred and sixty-four, the credits authorized by section fifteen hundred and ninety, not exceeding thirty days, the same to be deducted from the term of their impris

onment.

1595. Board must report.

SEC. 1595. The board must report to the legislature, at each regular session, the names of any persons confined in the state prison who, in their judgment, ought to be pardoned and set at liberty on account of good conduct or unusual terms of sentence, or any other cause which, in their opinion, should entitle such prisoners to a pardon. Whenever the legislature, by a majority of both houses, recommend to the governor that any or all of the persons reported be pardoned by him, he may thereupon pardon such prisoners.

"This chapter embraces the provisions of an act to confer further powers upon the governor of this state in relation to the pardon of criminals, approved April 4, 1864, Stats. 1863-4, 356; an act to amend above-cited act, approved March 7, 1868, Stats. 1867-8, 111; an act to amend above-cited act, approved March 30, 1868, Stats. 1867-8, 675; and an act to authorize the board of state prison directors to recommend the pardon of convicts in the state prison, approved March 9, 1868, Stats. 1867-8, 116:" Code commissioners' note.

State prison.-The Political Code, sec. 19, and Penal Code, sec. 23, continued in force all acts in relation to a branch state

prison. The main laws upon the subject were an act for the government of the state prison convicts, and to provide for the location of a branch prison, approved April 24, 1858, 259, and an act supplementary to said act of April 24, 1858, approved March 30, 1868; 1867-8, 627. They and other acts relating to the state prison in general will be found collated in the "General Laws,” secs. 5651 et seq., and "Supplement," secs. 9175 et seq. All these laws seem to have been superseded by the provisions of the Penal Code in reference to the state prison, sections 1573 et seq., and by the following acts:

An Act to define, regulate, and govern the state prisons of California.
[Approved April 15, 1880; 1880, 67 (Ban. ed. 243).]

State prisons, one at Folsom and one at San Quentin.

SECTION 1. The prison heretofore known as the "branch state prison" shall be known hereafter and designated as the "state prison at Folsom," and all its finances and other accounts shall be kept separate from those of the state prison at San Quentin, and it shall have an official staff conformable to the laws of the state in relation to state prisons; and it shall be lawful for courts to sentence convicts to the state prison at San Quentin, or to the state prison at Folsom,

in their discretion, and the board of directors shall have power to transfer prisoners from either prison to the other one, when, in their judgment, such transfer is for the best interests of the

state.

Directors, how appointed-Classification.

SEC. 2. For the government and management of the California state prisons there shall be appointed by the governor, by and with the advice and consent of the senate, on or before the second Monday in January, A. D. eighteen hundred and eighty, five directors, who shall hold their office for the term of ten years from and after said second Monday in January, A. D. eigh teen hundred and eighty, and until their successors are appointed and qualified; provided, that said directors so appointed shall, at their first meeting after the passage of this act, so classify themselves by lot, that one of them shall go out of office in two years, one of them in four years, one of them in six years, one of them in eight years, and one of them in ten years after said second Monday in January, A. D. eighteen hundred and eighty; and an entry of such classification shall be made in the minutes of said directors, signed by them, and a duplicate thereof shall be filed in the office of the secretary of the state. And on or before the second Monday in January, A. D. eighteen hundred and eighty-two, and at the same time biennially thereafter, the governor shall appoint, by and with the advice and consent of the senate, one director, whose term of office shall be for a period of ten years, commencing with said second Monday in January. And each director shall subscribe an oath of office, which shall be indorsed on his commission. Election of president.

SEC. 3. At the first meeting of the directors after the passage of this act, and at their meeting in January, biennially thereafter, they shall elect one of their number president of the board. Quorum.

SEC. 4. A majority of the board shall constitute a quorum for the transaction of business, but no order of the board shall be valid unless it is entered on the journal, and is concurred in by three members.

Duty of directors.

SEC. 5. It shall be the duty of the directors:

1. To determine the necessary officers of the prisons, other than those of wardens and clerks, specifying their duties severally, and fixing their salaries; to prescribe rules and regulations for the government of the prisons, and to revise and change the same from time to time as circumstances may require; provided, the warden may make such temporary rules and orders as he may deem proper, to be in force until the next meeting of the board. At least three of said directors shall visit the prison in company on the first Tuesday in each month, or as soon thereafter as may be practicable, and examine all the different departments, and audit all claims against the prisons. The directors shall cause an inspection of the prisons to be made by one of their number at least once in each month.

2. The directors shall meet at the state prisons within the first ten days in January, April, July, and October of each year, and in addition to the duties above described, they shall examine the books and accounts of the wardens and clerks.

3. To enter on their journal the result of all examinations, and of all other official acts, which shall be signed by the members present.

4. On or before the first day of November, A. D. eighteen hundred and eighty, and annually thereafter, to report to the governor the condition of the prisons, together with a detailed statement of their receipts and expenditures, and such suggestions as their interests may require.

Office.

SEC. 6. The board of directors shall have power to establish an office in San Francisco, and employ a secretary.

Appointment of warden.

SEC. 7. The directors shall appoint a warden for each prison, who shall take and subscribe an oath or affirmation faithfully to discharge the duties of his office, and enter into a bond to the state of California in the sum of twenty-five thousand dollars, with two or more sureties, to be approved by the directors and the attorney-general of the state, conditioned for the faithful performance of the duties which may devolve upon him as such officer, and he shall hold his office for four years.

Residence of wardens-Duties.

SEC. 8. The wardens shall reside at the state prisons to which they are respectively assigned, in houses provided and furnished at the expense of the state; and it shall be their duty:

1. To fill all subordinate positions that may be created by order of the board of directors, by appointment of suitable persons thereto;

2. To supervise the government, discipline, and police of the prison;

3. To give all needful directions to the inferior officers, and secure from each a faithful discharge of their several duties;

4. To make frequent examinations into the state of the prisons, the health, condition, and safety of the convicts;

5. To report as often as they may be required to the directors the number of guards employed, their names and duties, and such other matters as may be required;

6. To have general charge of all departments of the prisons, and of the officers;

7. To bring any and all suits at law or in equity arising in his department that may be neces sary to protect the rights of the state in matters connected with the prisons and their management, in the name of the board of state prison directors, and to prosecute the same with the consent of the board of directors.