The comptroller shall audit and allow the amount found to be due such penitentiary under the provisions of this article, and draw his warrant therefor on the state treasurer in favor of the superintendent of such penitentiary, payable from any money in the state treasury appropriated for that purpose.

[This section retains the present method of auditing penitentiary accounts against the state. The sections of the present statutes relating to the payment of charges against the state for the maintenance of prisoners in penitentiaries, etc., are consolidated without material change. See L. 1875, chap. 571, § 3, as amended by L. 1895, chap. 372, and L. 1879, chap. 471, §§ 2 and 3.]

ARTICLE V.

REFORMATORIES.

Section 100. Location and names of state reformatories.

101. Board of managers.

102. General powers and duties of managers.

103. Appointment and removal of officers and employes.

104. Compensation of officers and employes.

105. Oaths and bonds.

106. General duties of superintendent.

107. General duties of chaplain.

108. General duties of physician.

109. Powers and duties of treasurer.

110. Monthly estimates of expenses; contingent fund.

111. Monthly statements of receipts and expenditures.

112. Affidavit of superintendent; vouchers.

113. Purchases.

114. Transportation of convicts to reformatories.

Section 115. Transfer of prisoners to state prisons.

116. Transfers from state prisons to reformatories.
117. Transfer from one reformatory to another.

118. Control and discipline of prisoners.

119. Register of prisoners.

120. Parole of prisoners.

121. Retaking of paroled prisoners.

122. Rules and regulations.

123. Marks for good conduct; records filed with secre

tary of state.

124. Absolute release from imprisonment.

125. Sentences for a definite period.

126. Supervision of paroled prisoners.

127. Reports to governor.

[General note.-This article is applicable to the Elmira Reformatory and the Eastern Reformatory at Napanoch, Ulster county, now in course of construction. We have included chapter 711 of the Laws of 1887, relating to the Elmira Reformatory, and made it applicable to the Eastern Reformatory, when ready for occupancy.

We have specified in detail the powers and duties of the superintendent, chaplain, physician and treasurer. The requirements of monthly estimates, statements of receipts and expenditures, purchases of supplies, and vouchers, are new in form although similar requirements are contained in the annual appropriation act of each year.

It is also provided that prisoners transferred to a state prison shall be received therein as prisoners under an indeterminate sentence, and may therefore be released on parole or absolutely

discharged by the board of parole of the prison. Under the present law provision is made for a transfer to a state prison, but no way is provided for the release or discharge of a prisoner so transferred until the expiration of the maximum term "provided by law for the crime for which the prisoner was convicted and sentenced," unless the board of managers require his return. Cases have arisen which seem to show injustice and hardship to a transferred prisoner because of this system. Transferred prisoners are seldom, if ever, recalled to the reformatory. The result follows that a prisoner sentenced by a judge to a reform- . atory, under the impression that a light punishment is being imposed, is made to suffer much more severely than was intended.

By the proposed law, the prisoner immediately upon his transfer to a state prison is subject to the exclusive control of the prison officers and the jurisdiction of the managers of the reformatory ceases. He becomes entitled to all the privileges of a prisoner under an indeterminate sentence. He may be paroled by the board of parole and his maximum sentence may be commuted for good conduct. Other changes proposed by this article are noted at the end of the several sections.]

§ 100. Location and names of state reformatories.-The state reformatory at Elmira is continued and shall be known as the Elmira reformatory.

The state reformatory at Napanoch, Ulster county, shall, when completed, be known as the Eastern reformatory. The provis ions of this article shall apply alike to both reformatories, except as otherwise provided.

[New.]

§ 101. Board of managers.- Each reformatory shall be under the management of a board of five managers, who shall be appointed by the governor by and with the advice and consent of the senate. The full term of office of each manager shall be five years. The managers of the Elmira reformatory in office when this chapter takes effect, shall be continued in office until the expiration of their respective terms. The managers of the Eastern reformatory shall be appointed when such reformatory is completed and ready for occupancy. Such appointment shall . take effect immediately and shall be for terms of one, two, three, four and five years, respectively, from the first day of January succeeding the time of making such appointments. Their successors shall thereafter be appointed for a term of five years.

When the term of office of a manager of the Elmira reformatory expires at a time other than the last day of December, the term of office of his successor is abridged so as to expire on the last day of December, preceding the time when such term would otherwise expire, and the term of office of each manager of such reformatory thereafter appointed shall begin on the first day of January.

The managers of each reformatory may organize as a board by electing from their number a president, a secretary and a treasurer. The treasurer shall be the treasurer of the reformatory. Such managers shall receive no compensation for their services but shall be allowed their reasonable traveling and other official expenses.

[L. 1887, chap. 711, § 1.

The present board of managers of the Elmira reformatory is to be continued in office without change of term. It is proposed that the Eastern reformatory be managed by a board of like

number, appointed in the same manner and for the same term. The terms of office of the managers are in each instance to begin on the first day of January. To accomplish this purpose, the second paragraph, relating to the abridgement of the terms of the successors of the managers of the Elmira reformatory now in office, is inserted. This change is proposed to conform with the provisions in other general laws for the commencement of the terms of officers appointed by the governor upon the first day of January. Under the present law the terms of the managers of the Elmira reformatory begin on the first day of May.

The words" and when the senate is not in session, by the governor, subject to the consent and approval of the senate when it shall convene," found in § 1 of L. 1887, chap. 711, are omitted. The provisions of the general law relating to appointment by the governor and senate should be made applicable to managers of the reformatory. See Public Officers L., §§ 7, 28, as amended by L. 1898, chap. 655. The sentence, "Whenever a vacancy shall occur in such board by the refusal of either of the members thereof to act or otherwise, such vacancy, for the unexpired term thereof, shall be filled in like manner," is also omitted. Public Officers L., § 28, is to a similar effect and should be applied to

such managers.

The sentence: "The governor may remove any of the managers for misconduct, incompetency, or neglect of duty after opportunity shall be given them to be heard, upon written charges," which is at the end of such § 1, is also omitted. Public Officers L., §§ 23, 24, relate to removals by the governor and are applicable to boards of managers of reformatories.

The sentence in the proposed section relating to the organization of the board is new.]