CHAPTER CCCLXXXIV. An Act to repeal an Act entitled "An Act to add a new section to the Penal Code of the State of California to be known as section twenty-eight, providing for the release and discharge of persons now confined in or that may hereafter be admitted to any penitentiary, prison, jail, house of detention, reform school or other penal institution, by whatever name the same may now or hereafter be known, under conviction for a penal offense, on a Monday." (Which became a law under constitutional provision without Governor's approval March 9, 1903.)

[Approved March 20, 1905.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. An Act entitled "An Act to add a new section to the Penal Code of the State of California to be known as section twenty-eight, providing for the release and discharge of persons now confined in or that may hereafter be admitted to any penitentiary, prison, jail, house of detention, reform school, or other penal institution, by whatever name the same may now or hereafter be known, under conviction for a penal offense, on a Monday" is hereby repealed. SEC. 2. This Act shall take effect immediately.

CHAPTER CDIII.-An Act requiring the Wardens of the State prisons of California to furnish the Sheriffs of California and the Bureaus of Indentification with certain information concerning convicts within thirty days after receiving said convicts, and providing for payment of the expense incurred thereby.

[Approved March 20, 1905.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. The Wardens of the State's prisons of the State of California shall within thirty days after receiving all persons convicted of crime and sentenced to terms in their several prisons send to the Sheriffs of the State of California and legalized Bureau of Identification photographs and minute description of such convict. Together with minute description of his person and marks of identification, together with a statement of the nature of the crime he is imprisoned for. SEC. 2. Any expenditures incurred in carrying out the provisions of this Act shall be paid for out of the appropriation made for the support of State's prison. SEC. 3. This Act shall be in effect immediately and be enforced from and after its passage, and repeals an Act approved March 27th, 1897, on page 213, 214 of Statutes and Amendments to the Codes of California of 1897.

CHAPTER LXXXIV.—An Act to amend an Act entitled an Act to amend an Act entitled "An Act to establish a State reform school for juvenile offenders and to make an appropriation therefor," approved March 11th, 1889, by amending the title to said Act and by amending sections one, four, seven, eight, nine, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-three, twenty-four, twenty-six, twenty-seven, twenty-eight, twentynine and thirty thereof, and by adding three new sections thereto, to be numbered respectively sections sixteen a, sixteen b, and sixteen c, relating to a change in the name of the institution, and the powers and duties of the public officers thereof, and the manner and conditions under which commitments may be made thereto, and of the rights and obligations of persons committed thereto, and of the powers and duties of certain public officers in connection therewith and generally relating to the State school located and established under the aforesaid act and now maintained by the State of California at Whittier, in the county of Los Angeles therein, approved March 23rd, 1893, and adding certain sections thereto.

[Approved March 7, 1905.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section sixteen of an Act entitled an Act to amend an Act entitled "An Act to establish a State reform school for juvenile offenders and to make an appropriation therefor," approved March 11th, 1889, by amending the title to said Act and by amending sections one, four, seven, eight, nine, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-three, twentyfour, twenty-six, twenty-seven, twenty-eight, twenty-nine and thirty thereof, and by adding three new sections thereto to be numbered respectively sections sixteen «, sixteen b, and sixteen c, relating to a change in the name of the institution and the powers and duties of the public officers thereof, and the manner and conditions under which commitments may be made thereto, and of the rights and obligations of persons committed thereto, and of the powers and duties of certain public officers in connection therewith, and generally relating to the State school located and established under the aforesaid Act and now maintained by the State of California at Whittier, in the county of Los Angeles therein," approved March 23rd, 1893, is hereby amended to read as follows:

Section 16. When any boy between the ages of seven and sixteen or any girl between the ages of seven and eighteen years shall be found guilty by a superior court of any county in the State, and who in the opinion of such court would be a fit subject for commitment to the said school, it shall be lawful for the said court to suspend judgment or sentence (except when the penalty is life imprisonment or death) and to commit such minor to the said school until any such male minor shall have reached the age of sixteen years and any such female minor shall have reached the age of twenty-one years, unless sooner discharged by law or as in this Act provided; but no minor who is under the age of seven years or who is suffering from any contagious, infectious or other disease which would probably endanger the lives or health of the other inmates of said school, shall be committed to said school; and further provided, that no such minor shall be committed to said school unless the judge of such court shall be fully satisfied that the mental and physical condition and qualifications of said minor are such as to render it probable that such minor will be benefited by the reformatory and educational discipline of said school. The board of trustees of said school shall have authority to make rules reducing, as the reward for good conduct, the time for which such person or persons have been committed. It shall be the duty of all courts committing any minor to such school to certify to the superintendent thereof the age of the person so committed as nearly as can be ascertained by testimony taken under oath before such court or in such manner as the court may direct.

SEC. 2. A new section is hereby added to the above-entitled Act, which section shall be numbered sixteen a and shall read as follows:

Any child between seven and fourteen years of age who willfully and habitually absents himself or herself from school contrary to the provisions of an Act entitled "An Act to enforce the educational rights of children and providing penalties for violation of the Act," approved March 24th, 1903, may be committed to the Whittier State School by any superior court judge on the complaint of any peace officer, teacher, parent, guardian or other person, under the same conditions and in the same manner as provided in section sixteen of this Act.

SEC. 3. A new section is hereby added to the above-entitled Act which section shall be numbered sixteen b and shall read as follows:

Any child who comes under the provision of an Act entitled "An Act defining and providing for the control, protection and treatment of dependent and delinquent children; prescribing the powers and duties of courts with respect thereto; providing for the appointment of probation officers, and prescribing their duties and powers; providing for the separation of children from adults when confined in jails or other institutions; providing for the appointment of boards to investigate the qualifications of organizations receiving children under this Act and prescribing the duties of such boards, and providing what proceedings under this Act shall be admissible in evidence," approved February 26th, 1903, may be committed to Whittier State School by any superior judge under the same conditions and in the same manner as provided in section sixteen of this Act.

SEC. 4.

Section sixteen b of above-entitled Act approved March 23, 1893, is hereby numbered and designated as sixteen c.

SEC. 5.

Section sixteen c of above-entitled Act approved March 23, 1893, is hereby numbered and designated as sixteen d.

SEC. 6. Section sixteen d of above-entitled Act approved March 23, 1893, is hereby amended to read as follows:

Section 16e. Any male minor who shall, during the time of his commitment, he found incorrigible, who shall be in the judgment of the board of trustees of said school determined to be an improper person for detention in said school, may be returned to the court from which such minor was committed, and upon written complaint of the said board, attested by the superintendent of said school, and filed with the original complaint, it shall be the duty of said court to commit said male minor to the Preston School of Industry for such judgment and sentence as would have been lawful at the time when the said minor was first committed to the said school.

SEC. 7.

Section seventeen of above-entitled Act approved March 23, 1893, is amended to read as follows:

Section 17. If any accusation of the commission of any crime shall be made against any male minor under the age of sixteen years or any female minor under the age of eighteen years before any grand jury and the charge appears to be supported by evidence sufficient to put the accused upon trial, the grand jury may, in their discretion, instead of finding an indictment against the accused, return to the superior court, as it appears to them that the accused is a suitable person to be committed to the court and guardianship of said institution. The court may thereupon order such commitment if satisfied from the evidence that such commitment ought to be made, which examination may be waived by the parent or guardian of such minor.

SEC. 8. Section eighteen of above-entitled Act approved March 23, 1893, is amended to read as follows:

Section 18. If any male minor between the ages of seven and sixteen or any female minor between the ages of seven and eighteen shall be arraigned for trial in any court having competent jurisdiction, on charge of any violation of any criminal law of this State (except for the commission of a capital offense or attempt to commit a capital offense) the judge may, in his discretion, with the consent of the accused, arrest at any stage of the cause any further proceedings on the part of the prosecution and commit the accused to the care and guardianship of this institution.

SEC. 9. Section nineteen of above-entitled Act approved March 23, 1893, is amended to read as follows:

Section 19. All male minors between the ages of seven and sixteen and all female minors between the ages of seven and eighteen, who may be accused of any offense punishable by imprisonment, shall, with a view to the question whether they ought to be committed to said institution, be entitled to a private examination and trial before a court having competent jurisdiction, to which only the parties to the case and the parent or guardian of the accused and their attorneys shall be admitted, unless one of the parents, the guardian or other legal representative of the minor demand a public trial; in such case the proceedings shall be in the usual manner.

SEC. 10. Within sixty days after the passage of this Act and its approval by the Governor, it shall be the duty of the Board of Trustees of the Whittier State School to cause all male inmates of said school who are over sixteen years of age to be committed to the Preston School of Industry.

SEC. 11. All Acts and parts of Acts inconsistent with this Act are hereby repealed. SEC. 12. This Act shall take effect immediately.

CHAPTER CCLIII.-An Act to authorize the Board of Trustees of the Whittier State School to contract for the care and keeping of girls committed to said school in charitable or benevolent institutions or with private persons, and to pay for their care while in such institution or with such persons.

[Approved March 18, 1905.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. The Board of Trustees of the Whittier State School are hereby authorized, and in proper cases it shall be their duty to contract for the care and keeping of any girl committed to said school with any charitable or benevolent association organized for the purpose of caring for criminal or wayward girls, or with any woman of good moral character, and to place such girl in the care and keeping of such institution or woman, and to pay therefor out of the support fund of said school such sum as may be agreed upon, but in no case to exceed the sum of fifteen dollars per month, including board and clothing, for the actual time such girl is in the care and keeping of such institution or woman.

SEC. 2. The board of trustees of said school may recall and take back any girl so placed in the care and keeping of any institution or woman, when in their judgment it is for the interest of such girl to do so, and shall take back such girl whenever requested to do so by the institution or woman in whose care and keeping such girl has been placed.

SEC. 3. The said board of trustees shall require the institution or woman receiving any girl from said school under this Act to report to them monthly concerning the behavior and progress of said girl, and such other matters as said board may desire. And it shall be their duty further to inform themselves concerning the behavior, progress and general welfare of said girl by causing her to be visited occasionally by such officer or agent of the school as they may select.

SEC. 4. Nothing in this Act shall be construed as affecting the power to parole and discharge which is now or may hereafter be conferred by law upon said board, but in all cases the power of parole and final discharge shall remain in said board of trustees, the same as though said girl had remained an inmate of said school.

SEC. 5. Nothing in this Act shall be construed as relinquishing the counties or others liable from the payment of such sums to the State for the cost and maintenance as is now, or may hereafter be required by law, but such sums shall be paid the same as though said girl had remained an inmate of said school.

SEC. 6. This Act shall take effect and be in force from and after its passage.

CHAPTER CCLVII.-An Act to establish a State hospital for the care, custody and maintenance of insane convicts and certain other insane persons charged with the commission of a felony, near Folsom, California, and to provide for the government and management thereof, and to direct the expenditure of money heretofore appropriated by an Act entitled "An Act to provide for the erection at Folsom State Prison of a building for the accommodation of insane prisoners, and making an appropriation therefor," approved March 26, 1903, and declaring that the same may be used and expended for the purposes of this Act, and making an additional appropriation of fifteen thousand dollars for certain improvements.

[Approved March 18, 1905.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. There shall be established on the land belonging to the State at the Folsom State Prison an institution for the care of such convict and other insane as may be hereinafter described.

SEC. 2. The said institution shall be known as the Folsom State Hospital, and is hereby declared to be a corporation.

SEC. 3. The said State hospital shall have a board of five managers or trustees, who shall be the members of the State Commission in Lunacy. Said trustees or managers shall be hereafter termed managers.

SEC. 4. The board of managers, in conjunction with the Board of State Prison Directors, shall select a site for the said State hospital.

SEC. 5. As soon as possible after the selection of a site, the said board of managers shall, with the coöperation of the Board of State Prison Directors, proceed with the erection of a building or buildings for the purposes of said hospital.

SEC. 6. No person shall be admitted to said hospital except convicts now or hereafter confined in present State hospitals for the insane, who may be transferred directly by the State Commission in Lunacy; and such insane persons charged with the commission of a felony who are now or who may hereafter be confined in any of the present State hospitals for the insane and whose transfer is deemed by the State Commission in Lunacy to be for the best interests of said hospital and the public, who may be directly transferred by the State Commission in Lunacy; and such convicts as are now or may hereafter become insane in the California State prisons, who may be committed to this hospital in the manner now provided by the Penal Code for the commitment of insane convicts.

SEC. 7. As soon as the board of managers shall deem it necessary for the proper completion, furnishing and managing of said hospital, and as often thereafter as a vacancy occur, they shall appoint a medical superintendent. The medical superintendent must appoint, by and with the consent of the board of managers, such officers, and employés as the board may deem necessary. The medical superintendent and other officers and employés shall receive such compensation as may be fixed by the board of managers, in no case to exceed the salaries paid in other State hospitals for the insane for similar service.

SEC. 8. Except as herein otherwise provided, and except as inconsistent or unnecessary by reason of the fact that the board of managers shall be composed of the members of the State Commission in Lunacy, the said State hospital and its managers and officers shall be governed by and be subject to, and the said State hospital shall possess all of the rights and be affected by all the limitations and requirements of the provisions of Chapter 1 of Title 5 of Part III of the Political Code.

SEC. 9. The sum of twenty-five thousand dollars heretofore appropriated by the provisions of an Act entitled "An Act to provide for the erection at Folsom State Prison of a building for the accommodation of insane prisoners and making an appro