« PreviousContinue »
ceived at least one-third of the full term for which he was sentenced, not reckoning any good time: And provided further, That no convict who is serving life sentence shall be paroled.
That such convict while on parole shall remain in the legal custody and under control of the Board of Pardons and subject at any time to be taken back within the inclosure of the said State penitentiary, and full power to retake and reimprison any convict so upon parole is hereby conferred upon said Board, whose written order certified by the Warden shall be a sufficient warrant for all prisoners named in it to authorize any sheriff, constable, policeman or other officer, to arrest and returu to actual imprisonment any conditionally released or paroled prisoner; and it is hereby made the duty of all officers to execute such orders the same as ordinary criminal process.
That in considering applications for parole it shall be unlawful for the State Board of Pardons to entertain any petition, receive any written communication, or hear any argument from any attorney or other person not connected with said penitentiary, in favor of a conditional pardon of any prisoner but the said Board may if they deem proper, institute inquiries by correspondence or otherwise, as to the previous history or character of any prisoner; Provided, That no prisoner shall be paroled except upon the recommendation of the Warden.
SEC. 15. The said Board is hereby authorized and empowered to establish three grades of prisoners, together with a system of marks, and to prescribe rules to regulate such grades and marks; and no prisoner shall be released on parole unless he shall have been for six months preceding a member of the first grade. Prisoners in the second and third grades may be deprived of such privileges as the said Board may direct.
Sec. 16. All acts and parts of acts in conflict with this Act are hereby repealed.
An emergency existing therefor, this Act shall take effect from and after its passage and approval by the Governor.
Approved and day of February, 1899.
H. B. NO. 13.
TO CHANGE THE
THE WORD "CONTROLLER" TO THE WORD "AUDITOR.".
SECTION 1. In all places where it occurs in the Revised Statutes of Idaho and in the laws passed by the Legislative assembly of the Territory of Idaho at its fifteenth session, the word Territory o: TerriMial, where the same refers to the Territory of Idaho, is hereby changed [ the word State.
SEC. 2. In all places where it occurs in the Revised Statutes of Idaho and in the laws passed by the Legislature of Idaho at its fifteenth session, the word controller, where it applies to the controller of the Territory of Idaho, is hereby changed to the word Auditor.
This Act shall take effect immediately upon its approval by the Governor, an emergency existing therefor.
Approved and day of February, 1899.
H. B. NO 14.
AN ACT LIMITING THE ABSENCE OF STATE, DISTRICT AND COUNTY OFFICERS; AMENDING SECTIONS
326 AND 1826 OF THE REVISED STATUTES OF IDAHO. Be it enacted by the Legislature of the State of Idaho: SECTION 1. That section 326 be amended to read as follows: Sec
No State or district officer must absent himself from the State or district for more than thirty days, unless upon business of the State, or with the consent of the Governor.
SEC. 2. That section 1826 be amended to read as follows: Section 1826. No county officer must absent himself from the State for more than twenty days unless with the consent of the board of county commissioners.
All acts or parts of acts inconsistent with this Act are hereby repealed.
An emergency existing therefor, this Act shall take effect and be in force from and after its passage.
Approved 2nd day of February, 1899.
H. B. NO. 15.
CARE AND CUSTODY OF STATE PRISONERS.
Be it enncteit by the Legislature of the State of Idaho:
SECTION 1. That there shall be continually maintained, for the care and custody of convicts in Idaho, a penitentiary at Boise City, in Ada County, on the lands connected therewith and set apart and reserved therefor and granted and donated to the State of Idaho by the general government upon its admission into the Union.
SEC. 2. That the Governor, the Secretary of State, and Attorney General be and the same are hereby, constituted a Board of State Prison Commissioners of which the Governor shall be chairman, and said Board shall have the control, direction and management of the penitentiary of the State, and it shall be the duty of said Board either by direct expenditure or by contract with a responsible person or persons to provide for the care, maintenance and employment of all inmates confined or that may hereafter be confined in the State penitentiary. Provided Said employment shall be within the limits of said penitentiary grounds. If such Board shall provide by contract for the care, maintenance and employment of the inmates of said penitentiary. Authority on behalf of the State is hereby vested with a majority of the members of said Board to make and sign said contract and in such manner as shall in their judgment appear to be for the best interests of the State, to arrange all the necessary details thereof including the cost per diem to the State, the terms and tie of payment, and the appointment and compensation of the Warden i'nd employees: Provided, That no contract shall be let to perform any lapor which will conflict with any existing manufacturing industries in the State.
Said Board shall have the power to make contract with the lowest responsible bidder, and shall have the privilege of rejecting any and all bids and any such contract entered into shall provide that the discipline of the convicts shall be under the control of said Board, and the Warden. And no contract shall be made which shall in any wise abridge or deprive the convicts of any privileges granted by law.
The officers of the penitentiary shall consist of one Warden, who shall be the principal keeper of the penitentiary; one deputy warden, who shall be the chief turnkey and clerk and bookkeeper of the penitentiary, both of whom shall reside at the penitentiary; one physician, and such number of assistant keepers and guards as the Warden and Board of State Prison Commissioners shall deem requisite.
The Warden shall be appointed by the Board of State Prison Commissioners. He must execute an official bond in the sum of ten thousand dollars, with at least two good and sufficient sureties, to the full penalty of said bond, to be approved by the Governor, and shall hold his office during the pleasure of the Board.
Sec. 5. The physician shall be appointed by the Board of State Prison Coinmissioners, and shall hold his office during the pleasure of said Board. The deputy warden, the assistant keepers and the guards shall be appointed by the Warden, with the assent of the Board, and shall hold their offices during the pleasure of the Warden.
SEC. 6. The Board of Prison Commissioners shall meet quarterly and shall inquire into and examine all matters connected with the government, discipline and police of the penitentiary, the punishment and employment of the prisoners confined therein, and they may, from time to time, require reports from the Warden as to any and all of said matters.
The Board shall have authority to use the labor of the convicts in the erection of a wall around the penitentiary buildings and grounds, and such other improvements and repairs to said buildings and grounds as they may deem proper and necessary, and to perform any other labor in and about the penitentiary or penitentiary grounds or lands.
SEC. 8. They shall inquire into any improper conduct alleged to have been committed by the Warden or any other officer of the penitentiary, and for that purpose the chairman of the Board has power to issue subpænas to compel the attendance of witnesses and the production of papers and writings before them, in the same manner and with like effect as in case of arbitration.
The Board may examine any witnesses who appear before them, on oath, to be administered by the chairman of the Board, or, in his absence, by any other member of the Board. SEC. 10.
The Warden and other officers of the penitentiary at all times shall admit the Board, or either of them, into every part of said penitentiary; exhibit to them, or either of them, on demand, all the books, papers, accounts and writings pertaining to the penitentiary or to the business, government, discipline or management thereof, and render them every other facility in their power to enable them to discharge their duties under this Act.
SEC. 11. It shall be the duty of the State Prison Commissioners, in connection with the Warden, to make and adopt such general rules and regulations for the government and discipline of the prison as they may consider expedient, and from time to time to change and amend the same as circumstances may require. In making such rules and regulations they shall, as far as practicable and consistent with the discipline of the prison, adopt such as shall in their judgment best conduce to the reformation of convicts. A printed copy of the rules and regulations shall be furnished to every officer and guard at the time he is appointed, and so
much thereof as relates to the duties and obligations of the convicts shall be hung up in a conspicuous place in each cell and shop.
Sec. 12. The Warden or deputy warden shall keep a daily journal of all proceedings of the penitentiary, in which he shall note all infractions of the rules and regulations of the penitentiary by any officer or guard thereof, and also any infraction of the rules and regulations of the penitentiary by any prisoner, naming him and specifying the offense, and also what punishment (if any) was inflicted, which journal shall be laid before the Board at every stated meeting, and at every special meeting when demanded.
The Board, on the first Monday of December, annually, shall audit, correct and settle the accounts of the Warden with the penitentiary and the State for the year ending on the last day of November preceding, and make report of the same to the Governor, which report must embrace and exhibit all particulars necessary to give the Governor a full understanding of the fiscal year, and all other matters pertaining to the management of the prison; and they shall, at the same time, furnish an estimate of the probable income and expenses of the penitentiary for the ensuing year.
SEC. 14. It shall be the duty of the Board of State Prison Commissioners to establish rules for the admission of visitors to the penitentiary, and they may prescribe a certain sum, not to exceed twenty-five cents, to be charged each individual admitted for each admission. The Warden shall provide suitable tickets of admission, and keep, or cause to be kept, a record in the daily journal of the number of visitors admitted; and there shall be appropriated, quarterly, out of the fees received from visitors, or from other funds of the library, a sum not less than twenty-five dollars, to be expended in the purchase of books, papers, and periodicals for the use of the prison library.
There shall be paid to the officers and employees of the penitentiary the following yearly salaries and compensation to-wit: To the Warden, not to exceed the sum of twelve hundred dollars.
To the deputy warden, not to exceed the sum of ten hundred dollars and board and quarters as provided in section 45.
To the physician and assistant keeper and guards such sums as the Board of Prison Commissioners deem proper and just: Provided That the Board of Prison Commissioners shall not pay the guards and keepers more than seventy-five dollars per month and board.
Sec. 16. The Warden shall attend constantly at the penitentiary. He shall exercise general supervision over, and give necessary directions to, the keepers and guards; examine whether they have been vigilant in the discharge of their respective duties; examine daily into the health of the prisoners, and take charge of the real and personal estate belonging to or connected with the penitentiary.
All the transactions and dealings of the prison shall be conducted in the name of the Warden, who shall be capable in law of suing and being sued in all courts and places in all matters concerning the said prison by his name of office, and by that name he is hereby authorized to sue for and recover all sums of money or any property due from any person to any former Warden of said prison, or to the people of the State, on account of said penitentiary.
SEC. 18. No officer or employee of the penitentiary shall be interested directly or indirectly in contracts for furnishing such penitentiary with
provisions, clothing or other articles to be used in any manner by the inmates or for the use of the institution. Nor shall any or either of such officers be concerned in, or interested in any manner in contracts for buildings of any kind connected with the penitentiary, or for materials to be used in any such buildings, or in any contract for the labor of any convict. Nor shall any officer or employee be permitted to receive in any way any perquisites for themselves or families, or any compensation or reward from any contractor or employee or other person. Should any officer or employee violate or willfully or negligently fail to observe the provisions and prohibitions of this section, he shall be at once dismissed from office by the Board of Commissioners; and further, upon conviction of such violation by a court of competent jurisdiction, he shall be fined a sum not exceeding one thousand dollars and not less than one month's pay, and shall forfeit his interest in any and all contracts or rewards which he may have received or agreed to receive in violation of the provisions of this section.
SEC. 19. The Warden must take bills of the quantity and prices of supplies furnished for the prison at the time they are delivered, and shall at once submit same to the deputy warden, who shall compare the bills with the articles delivered and check off same. If the bills are correct, the Warden must certify by signing each bill, and the deputy warden must enter them, with date, in a book kept for that purpose. In like manner bills shall be taken, certified and entered for all services rendered for the prison, including officers, guards and keepers. If any bills be found incorrect, the deputy warden shall omit to enter them, and shall immediately give notice to the Warden, that the error may be corrected. SEC. 20.
The Warden shall, annually, on the last day of November of each year, close his accounts, and on or before the third of December next thereafter render to the State Auditor a full and true account of all moneys received by him and of all moneys expended by him on account of the prison, with sufficient vouchers therefor, which account shall be duly verified by the Warden.
SEC. 21. He shall, annually, on or before the third day of December in each year, make and deliver to the Board of State Prison Commissioners, a report exhibiting a complete and detailed statement of the transactions of the penitentiary during the year preceding, and stating the number of convicts confined therein and all other matters relating to the same and management thereof.
Sec. 22. The general support of the penitentiary, including food, clothing, bedding and all supplies for the use of the prison, including salaries of officers and employees, and all other expenses connected therewith, shall not exceed eighty-five cents per day for each convict: Provided, That all expenses for permanent repairs and improvements or the expenses of sheriffs and other officers in bringing prisoners to the penitentiary, and all extraordinary expenses made with the consent and advice of the Board of Commissioners, shall not be included in this limit of expense per capita. All such expenses shall be kept in detail, under a separate head, in the prison books, and shall so appear in all financial reports of the Commissioners and Warden: Provided, That no labor of convicts shall be charged to this account.
SEC. 23. If any convict resist the authority of any officer, keeper or guard of the penitentiary, or refuse to obey any lawful command, then such convict shall be at once taken to his cell and his case reported without delay