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RHODE ISLAND.

GOVERNMENT OF STATE INSTITUTIONS

FOR INSANE.

1. Board of state charities and correction, how constituted.

2. Term of office, vacancies how filled. 3. Secretary, appointment, term of office, bond, duties.

4. Control of institutions for insane vested in board.

5. Members receive no compensation; exemption from militia and jury duty.

6. Agent, appointment, duties. 7. Superintendent of institutions at Cranston, appointment, duties; deputy superintendent.

ADMISSION AND DISCHARGE.

8. Dangerous insane, complaint, arrest. 9. Examination, commitment, subsequent release.

10. Form of warrants, power of officer. 11. Costs of proceedings how paid. 12. Costs, how recovered.

13. Petition for commission of lunacy. 14. Inquisition, powers and duties of commissioners.

15. Detention pending inquisition. 16. Reports of commissioners, commitment by judge.

17. Patients not cured, when discharged. 18. Commitment by relatives, physicians' certificate.

19. Superintendent and officers, exemption from prosecution. 20. Removal from asylum.

21. Discharge of patients, regulations. 22. Allegation of sanity, commission of lunacy, proceedings for appoint

ment.

23. Proceedings thereon.

24. Personal examination; how conducted.

25. Report and decree.

26. Habeas corpus allowed. 27. Commission, expenses how borne. 28. Commissioners, compensation. 29. Complaints relating to patients, examination.

30. Inspection by commission. 31. Communication by patients with commission to be unrestrained. 32. Violation of duty or cruelty, prosecution for.

33. Certain sections of the law to be posted in the asylum.

34. Officers, neglect of duty, penalty. 35. Illegal confinement, inhumanity, complaints of, removal to asylum. 36. Support, how borne.

37. Definition of "insane person." 38. Indigent insane with no settlement, commitment.

39. Those with legal settlement, when admitted.

40. Indigent insane as state beneficiaries. 41. State agent, duty to visit, powers. 42. Indigent insane, detention of 43. Removal of, neglect, expenses. 44. Private patients received.

CRIMINAL INSANE.

45. Persons acquitted on ground of insanity, disposition of.

46. Support, how borne, suit to recover. 47. Convicts, alleged to be insane, examination.

48. Insane convicts, removal to asylum. 49. Removal to asylum, for what term. 50. On recovery, remanded to prison. 51. Examination, expenses, how borne. 52. Persons awaiting trial alleged to be insane, examination.

53. Removal to asylum.
54. Remanded upon restoration.
55. Examination, expenses of.

Public Stat

1. The board of state charities and corrections shall consist of nine persons, three from the county of Providence, one from each of the other counties, and one

utes of 1882, ch. 254, § 1.

Board of state

charities and corrections; number of.

Ibid § 2. How appointed and term of.

from the state at large, together with such person as may be appointed secretary of the board.

2. The governor, by and with the advice and consent of the senate, shall annually at the May session of the general assembly, upon the expiration of the term of office of any one of the said board, appoint a person to such office, and every such person so appointed shall hold his office for six years unless sooner removed. Every Vacancy, how appointment to fill a vacancy shall be for the remainder of the term.

filled.

Ibid § 3.

Secretary of,

bond and

3. Said board may appoint a secretary, who shall, by virtue of his office, be a member of the board; he shall appointment, hold his office during the pleasure of said board; he duties. shall give bond to the state in such sum as the board may require for the faithful performance of his duties; he shall keep a record of all the doings of the board, and shall perform such other duties as may be by them required.

Ibid § 4.

4. The oversight, management and control of the state farm in Cranston, * * * of the state asylum for the inManagement curable insane *** shall be vested in the board state charities. of state charities and corrections.

by board of

Ibid § 5.

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5. No member of the board, except the secretary, shall receive any compensation for his services, but every To receive no member shall be paid out of the state treasury his necessary traveling expenses and shall be exempted from military and jury duty.

compensation, except, etc.

Ibid § 6.

Agent of state

corrections,

6. The board shall appoint an agent of state charities and corrections, who shall hold his office during their charities and pleasure. He shall, under their direction, have the appointment general charge of the examination of paupers and and duties of lunatics for the purpose of ascertaining their place of settlement and means of support and who is liable for their support, and also attend to their removal to their homes or places of settlement or to the state almshouse or to the asylum for the incurable insane, and shall have like power and authority in respect thereto as is conferred upon the overseers of the poor, and shall perform such other duties as may be required of him by the board.

7. The board shall appoint a superintendent of the state institutions in Cranston, who shall hold his office

Ibid § 7.

institutions
in Cranston,
appointment
and duties of.

during their pleasure. Such officer shall, under Supt. of state their direction have the control and management of the *** state asylum for the incurable insane *** and report to the board from time to time upon their condition and management. The board shall, upon the nomination of the superintendent of the state institutions, of deputy appoint a *** deputy superintendent of the state supt.

asylum for the incurable insane, *** who shall hold their respective offices during the pleasure of the board. Said superintendent shall appoint all the assistants to the deputy superintendents and such other persons employed upon said state farm as the board shall deem necessary and shall discharge the same at his pleasure. The board shall fix the compensation of their secretary and of the superintendent of the state institutions, the agent of state charities and corrections, the deputy superintendents and their assistants, * and all other persons employed in any manner upon said state farm and the institutions thereon, adopt all needful rules and regulations for the government of the institutions upon said. farm, and make contracts for the labor of the inmates thereof. 8. Whenever complaint in writing and under oath shall be made to any trial justice or clerk of a justice court, that any person within the county is a lunatic, or so furiously mad as to render it dangerous to the peace or safety of the good people of the state for him to be at large, and that such person is at large, such trial justice or clerk shall issue his warrant under his hand and seal returnable forthwith directed to the sheriff, deputy sheriffs, town sergeants or constables in said county, requiring the officer charged therewith to apprehend such person and have him, with such warrant, before such or some other justice court for examination relative to such complaint.

Ch. 74, § 1.

Complaint against person furiously

mad and at made and di

large, how

rected.

such com

Ibid § 2.

Of

of examina return of warmitment of

tion and proceedings on

9. If the court on such examination shall adjudge plaint to be true, it shall, unless a recognizance satisfactory to said court be then given before it that said person shall not be permitted to go at large until restored to soundness of mind, commit such person by warrant under its hand and seal to the Butler hospital for the insane or to the state asylum for the insane, there to be detained until in the judgment of some

mad persons.

justice court of the county in which he may be detained he shall, upon inspection and examination, be declared to be restored to soundness of mind, or to be no longer under the necessity of restraint, or until recognizance as aforesaid, satisfactory to such court, shall be given.

Ibid § 3. Form of warrant of commitment;

10. The court shall, in its warrant of commitment, state the town in which such lunatic or mad person was arrested; and the officer charged with the execution duty of officer. thereof shall have the same power to commit such person to the Butler hospital for the insane as though said hospital were within his precinct.

Ibid § 4.

Costs of pro

detention, how paid.

Ibid § 5.
How recoV-

11. The costs of apprehending, examining, committing and detaining such lunatic or mad person shall be paid ceedings and by such person if he have any estate; otherwise, in the first instance, and until the liability of some other town in the state for the maintenance of such person is admitted by such town, or ascertained by proper proceedings, by the town in which such person shall have been apprehended. 12. Whenever any person or town chargeable with the costs and expense of apprehending, committing and deered of person taining or keeping any such lunatic or mad person, or town liable. shall neglect to pay the same or either or any part thereof, it shall the duty of the committing court, and the right of the superintendent of said hospital, or of the superintendent of the state institutions in Cranston if he be committed thereto, to give notice of such neglect to the attorney-general, who shall, in the name and at the expense of the state, commence an action of the case in behalf and for the benefit of all persons interested, against the person or town so neglecting, for the recovery of such costs and expenses, or either of the same, and prosecute the same to final judgment and execution. 13. On petition under oath setting forth that any person is insane and that the welfare of such person or of of petition for others requires him to be placed in a hospital for lunacy. the insane or to be restrained, any justice of the supreme court may forthwith appoint not less than three commissioners to inquire into the condition of the subject of such petition and to report all facts connected with or bearing upon the same, together with their opinion whether such person, if insane, should be placed in such hospital or the state asylum for the insane, either for cure or restraint.

Ibid § 6.

commission of

Ibid § 7.

Of powers and

duties of com

missioners,

and proceed

ings before

them.

14. Before said commissioners shall proceed with their inquisition, they shall be sworn by the justice to the faithful and impartial execution of their duties, and shall give due notice to the person complained of as insane, of their appointment and of the time and place of hearing, in order that he may have an opportunity by evidence, by his own statements, and by counsel, to defend himself against the charge of said petition; and said commissioners may issue summons to and compel the attendance of and swear witnesses; and shall hear all evidence offered to them on either side touching the merits of the petition, as well as examine the subject of the petition himself.

Of restraint

pending com

15. Such justice may, if need be, upon the presentment to him of such petition, or afterwards, as occasion may Ibid § 8. require, issue a warrant, under his hand and seal, of lunatic, for the apprehension of the person complained of, mission. and may order him to be detained in the custody of the officer to whom the warrant shall be directed, or to be committed to the Butler hospital for the insane, or the state asylum for the insane if he can be there received, or to the county jail, as will be most convenient and proper, pending the inquisition, in order to insure that such person shall be present to be examined by the commissioners, and to abide the final order of. such justice upon said inquisition.

16. Upon the coming in of the report of said commissioners, such justice may, with or without further hearing, confirm or disallow the same, and may order the

Ibid § 9.

Of power of

judge upon missioners.

report of com

person complained of to be confined in the Butler hospital for the insane, or at the state asylum for the insane if he can be there received, or in some other curative hospital for the insane of good repute, within or without the state, or may dismiss the petition altogether.

Persons com

may be dis

17. Any person committed to any of such institutions, under the provisions of the preceding four sections may, Ibid § 10. although not restored to sanity, be discharged there- mitted, when from, upon the written recommendation of the trus- charged tees and superintendent thereof, by an order of any cured." justice of the supreme court, to be made in his discretion. 18. Insane persons may be removed to and placed in said Butler hospital or state asylum for the insane, if Ibid § 11.

though not

Of committal

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