All fines and court, except police courts, [ ] city justices' courts [and recorders' courts of cities or towns of the fifth or sixth class,] must be paid to the county treasurer of the county in which the court is held; provided, that all forfeit ures and fines collected in any court, for the violation of any city or town ordinance shall be paid to the city or town treasurer of the city or town in which such ordinance is in force; and further provided, that all fines and forfeitures collected in any police court, [ city justice's court [or recorder's court of cities or towns of the fifth or sixth class,] that is maintained and the salaries of the officers thereof paid by the city, [whether prosecuted for violation of a state law or a city ordinance,] shall be paid to the city treasurer of the city in which such court is located, [excepting, however, all forfeitures collected by the judge of any of said courts when sitting as a committing magistrate]; subject, however, to the provisions of chapter 1 of title XV of (In effect 90 days from and after April 29, Pen. Code, 1927. part I of this code.

1570. Fines and Forfeitures, How Disposed of. forfeitures collected in any

1927. Stats. 1927, Chap. 198.)

JAILS.

TITLE I. STATE PRISONS. §§ 1572-1596.
II. COUNTY JAILS. §§ 1597–1616.

(757)

TITLE I.

State Prisons.

§ 1572. Names of state prisons.

1573. Directors, how appointed.

§ 1574. President of board, election and duties of.

Quorum.

§ 1575.

1576.

Directors, duties of.

1577.

1578.

1579.

§ 1580.

§ 1581.

§ 1587.

Wardens, appointment of, and term of office.
Duties of prison wardens.

Prisoners, release and restoration of, to citizenship.
Clerks, appointment and duties of.

Removal of wardens, clerks, etc.
Wardens and clerks, salaries, etc.
Contracts.

Moneys received at San Quentin or Folsom.

Moneys collected by wardens, receipts to be given for.
Employment of convicts and foremen.

Prisoners, treatment of.

§ 1582. § 1583.

§ 1586.

1588.

Prisoners, credits of.

§ 1589.

Prisoners, United States.

1590.

Directors, powers of.

§ 1591.

Officers and employees, not to receive other compensation
than that allowed by directors.

Officers and employees, not to make or receive gifts, etc.
Annual reports.

Bonds of officers and employees.

Rebuilding of buildings destroyed by fire.

1596. Reports.

Legislation Title I. 1. Enacted February 14, 1872, and then consisted of Chapter I, §§ 1573-1586, and Chapter II, §§ 1590-1595; the code commissioner saying of Chapter I, that it was "based upon the following statutes: Stats. 1858, p. 259, §§ 4, 5, 9-12; Stats. 1860, p. 341, § 1; Stats. 1863-64, p. 24, § 1; Stats. 1867-68, p. 141, § 1," and of Chapter II, that it "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. 1863-64, p. 356); an act to amend above-cited act, approved March 7, 1868 (Stats. 1867-68, p. 111); an act to amend above-cited act, approved March 30, 1868 (Stats. 1867-68, p. 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. 1867-68, p. 116)."

2. Repeal of the sections composing the title by Stats. 1901, p. 502 (unconstitutional. See note, § 5, ante); the code commissioners saying of the sections, "They apply to the government of the state prisons, and have been completely supplanted by the present constitution and the statutes adopted in pursuance thereof."

3. Repealed by Stats. 1905, p. 645, the repealing section reading, "Section 1. Title I of Part III of the Penal Code and each and every section thereof are hereby repealed," and the code commissioner saying (enumerating the sections composing the title). “These sections, which then comprised Title I of Part III of the Penal Code, with the exception of the last sentence of § 1593, had been completely superseded by the constitution of 1879 and the general statutes in pursuance thereof. The portion of § 1593 which was then still in force was at the same session incorporated into an act

to amend the statute of 1889, p. 404 (1905: 520), concerning the state prisons, so that it was preserved, notwithstanding the repeal of these superseded and therefore useless provisions. In 1907 the act of March 19, 1889 (Stats. 1889, p. 404), and the act of 1905 (Stats. 1905, p. 520), were codified in the new §§ 1572-1596, inclusive."

4. The present Title I added by Stats. 1907, p. 584, the title of the act reading, "An Act to add a new title to Part III of the Penal Code, to be known as Title I thereof, relating to the government and management of the state prisons."

Synopsis Original Code Title I. Title I. Of the State Prison and the Discharge of Prisoners Therefrom Before Their Term of Service Expires. Chapter I. Of the State Prison. II. Of the Discharge of Prisoners Before the Expiration of Their Term of Service.

Chapter I. Of the State Prison. § 1573. Under the charge and control of a board of directors (cited in 103 Cal. 225). § 1574. President pro tem. of senate, when to act as director, etc. § 1575. Compensation of directors. § 1576. Board must adopt rules and regulations. § 1577. Board may appoint warden and other officers. § 1578. Duties of clerk and other officers. § 1579. Monthly reports of officers. § 1580. Board must keep account of the funds received, etc., and report to the governor. § 1581. Persons convicted of offenses against the United States to be received in the prison. § 1582. Disposition of insane prisoners. § 1583. State prison fund. § 1584. State prison fund, how disbursed. § 1585. Board cannot contract debts. § 1586. Compensation of sheriffs for transportation of convicts (amended by Code Amdts. 1880, p. 31; section cited in 50 Cal. 119; 77 Cal. 595). § 1587. Contract to be given at public letting (added by Code Amdts. 1873-74, p. 467).

Chapter II. Of the Discharge of Prisoners Before the Expiration of their Term of Service. § 1590. Credits for good behavior, how and when allowed (amended by Code Amdts. 1877-78, p. 124; section cited in 76 Cal. 516; 145 Cal. 187; 145 Cal. 188). §1591. Credits, when forfeited. § 1592. Board to make rules and regulations to carry the provisions of this chapter into effect. § 1593. Board, when to report credits to governor. § 1594. Further powers of the board. § 1595. Board must report to the legislature prisoners whom they think should be pardoned Governor may pardon if legislature

recommend.

§ 1572. Names of state prisons. The state prisons of this state shall be known as the state prison at San Quentin, which is situated in the county of Marin, and which shall have an official staff conforming to the laws of the state in relation to state prisons; and the state prison at Folsom, which is situated in the county of Sacramento, and which shall have a similar staff and be similarly organized, and all the finances and accounts of the two prisons shall be kept separate and apart from each other. [Amendment approved 1909; Stats. 1909, p. 427.]

State prisons, acts relating to: See Gen. Laws, tit. "State Prisons."

School of Industry at Ione, acts relating to: See Act of 1889, p. 100, and Amendments (Gen. Laws, tit. "School of Industry"). School of reform at Whittier, acts relating to: See Act of 1889, p. 111, and Amendments (Gen. Laws, tit. "School of Reform").

Preston School of Industry, acts relating to: See Gen. Laws, tit. Preston School of Industry.

California Jurisprudence: See article Prisons and Prisoners.
Legislation § 1572. 1. Added by Stats. 1907, p. 585.

2. Amended by Stats. 1909, p. 427, inserting (1) "which is situated in the county of Marin, and" after "San Quentin," and (2) "which is situated in the county of Sacramento, and after "Folsom." See ante, Legislation Title I for code commissioner's note, etc.

§ 1573. Directors, how appointed. For the government and management of the state prisons there shall be ap pointed by the governor, by and under the advice of the senate, five directors, who shall hold their office for the term of ten years, from and after the date of such appointment; such appointments to be made as vacancies occur in the board. In case of death or resignation of a director his successor shall be appointed to fill the unexpired term of such director by the governor, by and with the advice of the senate. Each director shall subscribe an oath of office, which shall be indorsed on his commission, within ten days after receiving written notice of such appointment, and a duplicate of such oath shall also be filed with the secretary of state.

California Jurisprudence: See article Prisons and Prisoners.

Legislation § 1573. Added by Stats. 1907, p. 585. See ante, Legislation Title I, for original code title, section, etc.

$1574. President of board, election and duties of. The board of directors shall annually elect one of their members president of the board, whose duty it shall be to preside at the meetings of the board and to perform such other duties as may from time to time be prescribed by the rules and regulations for the government of the board, and the clerk of said board of directors shall immediately notify the governor in writing of such election. [Amendment approved

1909; Stats. 1909, p. 487.]

California Jurisprudence: See article Prisons and Prisoners.
Legislation § 1574. 1. Added by Stats. 1907, p. 585.

2. Amended by Stats. 1909, p. 487, (1) changing "meeting" to "meetings" after "preside at the"; (2) adding at end of section, "and the clerk of said board of directors shall immediately notify the governor in writing of such election." See ante, Legislation Title I, for original code title, section, etc.

§ 1575. Quorum. Three members of the board shall constitute a quorum for the transaction of all business, but no order of the board shall be valid unless concurred in by three or more members.

California Jurisprudence: See article Prisons and Prisoners. Legislation § 1575. Added by Stats. 1907, p. 585. See ante, Legis lation Title I, for original code title, section, etc.