§ 14,582. insane prisoner is insane, they must certify the fact under oath to the governor, who may, in his discretion, Disposition of order the removal of such prisoner to the insane prisoners. asylum. As soon as the authorities of the asylum ascertain that such person is not insane, they must immediately notify the warden of that fact, and thereupon the warden must cause such prisoner to be at once returned to the prison, if his term of imprisonment has not expired. Insane con § 14,221. 88. Insane convicts must be received into the insane asylum, and returned to the state prison again, as provided $2198. in section 1230 of the Penal Code. (Section 1230 victs. here referred to is an error, should be section 14,582.) 89. If, after judgment of death, there is good reason to suppose that the defendant has become insane, the sheriff of the county, with the concurrence of the judge of the court by which the judgment was rendered, may summon from the list of jurors selected by the supervisors for the year a jury of twelve persons to inquire into the supposed insanity, and must give immediate notice thereof to the district attorney of the county. If reason to suppose def't insane, man ner of investigation. Duty of dis upon inquisi 90. The district attorney must attend the inquisition, and may produce witnesses before the jury, for which $14,222. purpose he may issue process in the same man- trict attorney ner as for witnesses to attend before the grand tion. jury, and disobedience thereto may be punished in like, manner as disobedience to process issued by the court. Certificate filed. § 14.224. Proceedings upon finding of jury. 91. A certificate of the inquisition must be signed by the jurors and the sheriff, and filed with the clerk of § 14.223. the court in which the conviction was had. 92. If it is found by the inquisition that the defendant is sane, the sheriff must execute the judgment; but if it is found that he is insane, the sheriff must suspend the execution of the judgment until he receives a warrant from the governor or from the judge of the court by which the judgment was rendered directing the execution of the judgment. If the inquisition finds that the defendant is insane, the sheriff must immediately transmit it to the governor, who may, when the defendant becomes sane, issue a warrant appointing a day for the execution of the judgment. COLORADO. GOVERNMENT OF ASYLUM. 1. Establishment of asylum. 3. Salaries and expenses paid by state. 6. Tax for support of asylum to be levied. ADMISSION AND DISCHARGE. 7. Examination, and appointment of conservator. 8. Jury trial of insanity. 9. Custody of lunatic, who to have. 11. Notice of inquest to be given; sup- 14. Warrants on treasury, how paid. 17. Non-liability of insane to law. 1. There is hereby established the Colorado insane asylum, Act of 1879, p. 87, § 1. for the treatment and cure of such persons as may become insane from any cause. Establishment of asylum. Ibid § 2. 2. The management of said asylum shall be by a superintendent and a board of three commissioners, who shall, together, have full control thereof, as hereinafter provided. The superintendent and board of commissioners shall be appointed by the governor, and no more than one of said commissioners shall be appointed from the same judicial district, and the superintendent shall hold his position for the term of six years; and the commissioners first appointed shall hold, one for six years, one for four years, and one for two years, and afterwards each commissioner shall be appointed for the term of six years; so that one commissioner shall be appointed and hold for the full term of six years. The superinSuperintend tendent shall give a bond to the state, in the sum of three thousand dollars, conditioned that he will honestly and faithfully discharge all of his legal duties according to law. The superintendent shall be a regularly graduated physician, and he shall reside at the asylum. He shall receive a salary of two thousand dollars per annum, payable quarterly. The commissioners shall each receive a ent to give bond. His salary. ternal govern ent to receive salary of six hundred dollars per annum, payable quarterly; and they shall hold regular meetings at the asylum each quarter for the transaction of the business of the asylum. The superintendent and board of commissioners shall Rules for inprescribe and publish such rules for the manage- ment. ment of the affairs of the asylum and its inmates as experience and observation shall prove beneficial. They shall have power to employ all subordinates necessary to do the busi- Employes. ness of the asylum. The superintendent shall receive and discharge all persons placed in charge of the asylum Superintend under the provisions of this act. The board of com- and discharge missioners shall not be required to act as such until all patients. the asylum is open for the reception of inmates, excepting as hereinafter specified. The superintendent shall be superintendent of construction of the asylum building, and shall have care of the grounds and everything belonging to the asylum, and he shall enter upon his duties as soon as he is appointed. 3. The salaries of all officers, employes, the expenses of the asylum, and all bills incurred in regard thereto Ibid § 3. authorized by law, shall be audited by the state Salaries, how auditor quarterly, and warrants therefor drawn upon the state treasurer, to be paid out of the insane fund. 4. The superintendent and board of commissioners shall make a report to the governor on or before the first Ibid § 4. day of December in each and every year, showing to governor. the condition of the asylum financially, the number, age, sex, occupation, residence, treatment and state of reform of all persons admitted from the date of the opening of the asylum, or from the date of the last report, together with such other facts and opinions as their experience and observation may prove and may be deemed of interest to the public; and the Governor to governor shall cause said reports to be published, port. and he shall present them to the next general assembly. 5. It is hereby made the duty of the governor to appoint the superintendent and board of commissioners of the Colorado insane asylum immediately upon the passage of this act, and it shall thereupon become the duty of the said commissioners to select a site for the said asylum at or near the city of Pueblo, in the county of Pueblo, and state of Colorado, and such site. paid. Re port to be made publish re bid § 5. appoint the dent and com Governor to superinten missioners. Selection of a site. to be not less than forty acres; provided, that the site for said asylum shall be donated to the state by the citizens of Pueblo; and they are hereby authorized to receive gifts or otherwise of lands for the use and benefit of the state in reference to the site and building for said asylum. The site shall be susceptible of irrigation, and not too remote from good water, of sufficient quality and quantity to furnish a supply for all necessary use. Upon selecting such site, the said commissioners shall report the facts as to the same to the governor, and he shall cause the title to be made to the state with as little delay as possible. The said commission may lease or build or purchase a temporary building for immediate use. The commissioners Compensation shall receive for their services herein named the sum of one hundred dollars each, and mileage of twenty cents for each mile traveled in the selection of such site. As soon as the site shall be selected and title made to the state, the superintendent shall cause proper designs and plans of the grounds and buildings to be made, and shall proceed to lease or construct temporary buildings, which shall be opened for use as speedily as practicable. of commissioners. Superinten. dent to obtain plans, etc. Ibid § 6. State insane tax to be levied. 6. There shall be levied and assessed upon all taxable property in the state, real and personal, for the creation and support of such asylum as herein provided, a tax of one-fifth (1-5) of a mill on each and every dollar to be known as the insane tax; such revenue to be assessed and collected in like manner with other revenues of the state. of 1877. § 1698, as amended by act of 1879, p. 90, § 1. Summoning of jury on inquisition of lunacy. 7. Whenever any reputable person shall file a complaint, General Laws duly verified in the county court, alleging that any person is a lunatic or insane person, and that said lunatic or insane person has personal or real property, and is so insane or distracted in mind as to render such person incapable of properly and safely attending to and managing the same, the judge of said court shall thereupon order a jury of six jurors to be summoned to ascertain whether such person is so insane or distracted as to render him or her incapable and unfit to care for and manage his or her estate; and if said jury shall return in their Appointment verdict that such person is so insane or distracted tor of insane in mind as to be incapable and unfit to take care of of conserva estate. and manage his or her estate, it shall be the duty of person's said county court to appoint some fit person to be conservator of his or her estate. How inquest tion of lunatic had to determine restora to reason. 8. If any person shall present to the county court of the county where any such conservator hath been ap- § 1724. pointed, an information in writing, setting forth that the insane person hath been restored to his or her reason, such court shall cause the fact to be inquired of by a jury. If upon such inquest, it shall be found that such person hath been restored to his or her reason, he or she shall be immediately set at liberty, and the county court shall issue a summons requiring the conservator to appear and settle his accounts. The expenses attending any inquest held under this chapter, shall be paid out of the estate of such insane person, upon the order of the county court, or, if there be no such estate, the county commissioners of the proper county, upon certificate of the amount thereof by the judge of the county court, shall allow the same, and a warrant therefor shall be drawn upon the county treasurer. 1720. Who to have custody of ported body of lunatic; how sup 9. The overseer of the poor-house of the county, or such other person as the county commissioners may appoint, shall, in case any lunatic hath no relative or friend who will care for him or her, have the charge of the body of such lunatic, and shall have power to confine him or her, and shall comfortably support such person, and make out an account thereof and return the same to the county commissioners, whose duty it shall be, on satisfactory proof of the justice of such account, to issue their warrant on the treasurer of the county therefor; or, if such lunatic hath any estate in the hands of his conservator, such account shall be rendered to the county court, and upon the order of the county court, the conservator shall pay the same out of any moneys in his hands pertaining to such estate, and which may lawfully be so applied. § 1725, by act of '79, 10. Whenever any reputable person shall file with the county court a complaint duly verified, alleging that any person is so insane or distracted in mind as amended as to endanger his own person or property, or the person or property of another or others if allowed to go at large, the county court or judge thereof shall forth Arrest of insane person. |