§§ 243-245.

Commutation; compensation.

L. 1916, ch. 358.

warden of the state prison, or the warden or superintendent of the penitentiary, wherein such convicts may be confined. One copy of any such list of convicts subject to the jurisdiction of the parole board, with the accompanying order, shall be transmitted by the governor to the parole board and one copy to the agent and warden of the prison in which the convicts named in the list are confined. The agent and warden shall give immediate written notice thereof to each convict whose minimum term is thereby reduced. Any such warrant for the discharge of other convicts shall be transmitted to the officer to whom it is directed, who shall thereupon proceed to execute such warrant by discharging the convicts mentioned therein on the date fixed for their discharge. (Amended by L. 1916, ch. 358, in effect May 1, 1916.)

§ 243. Governor to annex condition to discharge; return of convict to prison for violation.-The governor shall, in reducing the sentences of convicts not subject to the jurisdiction of the board of parole, annex a condition to the effect that if any such convict shall, during the period between the date of his discharge by reason thereof and the date of the expiration of the full term for which he was sentenced, be convicted of any felony, committed in the interval as aforesaid, he shall, in addition to the sentence which may be imposed for such felony and before beginning the service of such sentence be compelled to serve in the prison or penitentiary in which he may be confined for the felony for which he is so convicted, the remainder of the term without commutation which he would have been compelled to serve but for the commutation of his sentence as provided for in this article; but he may, however, earn compensation in reduction of the remainder of such term. (Amended by L. 1910, ch. 403, and L. 1916, ch. 358, in effect May 1, 1916.)

$244. Certificate of warden as to commutation or compensation may be received in evidence.-The certificate of the agent and warden of a state prison or the warden or superintendent of a penitentiary, that the period of imprisonment of a convict was commuted, or diminished by compensation, under the provisions of this article, and of the crime and the length of term for which such commutation or diminution was granted, shall be received in evidence as proof for the purposes mentioned and described in section two hundred and forty-three. (Amended by L. 1916, ch. 358, in effect May 1, 1916.)

§ 245. Convicts to be informed of this article.-Upon the receipt of any convict in any prison or penitentiary in this state who shall be entitled to the benefits of this article, the provisions of the same, and if he be subject to the jurisdiction of the parole board, the provisions of article eight of this chapter, shall be read to him or her and the meaning of the same shall be fully explained to him or her by the clerk of the prison or penitentiary. (Amended by L. 1916, ch. 358, in effect May 1, 1916.)

L. 1916, ch. 118.

Transportation of discharged prisoners. §§ 246, 249, 283, 324.

§ 246. Proceedings upon discharge.-Upon the discharge of any convict by reason of commutation or reduction of sentence, the provisions of sections two hundred and forty-three and two hundred and forty-four of this article shall be read and their nature fully explained, to him or her, by the clerk of the prison or penitentiary. (Amended by L. 1916, ch. 358, in effect May 1, 1916.)

§ 249. Meaning of certain terms; provisions of article not to apply to certain institutions.-The term "compensation," as used in this article, means time allowed in reduction of sentence on account of efficient and willing performance of duties assigned; and such compensation shall not be withheld, in any thirty-day period, from a convict to whom no duties are assigned in such period. The provisions of this article shall not apply to prisoners in any institution to which chapter five hundred and seventynine of the laws of nineteen hundred and fifteen applies, who are committed thereto as provided in that act. (Added by L. 1916, ch. 358, in effect May 1, 1916.)

§ 284. Reformatories; state board of managers.-Subd. 6 amended by L. 1916, ch. 118, § 25, in effect Apr. 3, 1916, as follows:

6. Report to the legislature, annually, on or before the tenth day of January, for the year ending with the last day of the next preceding June, the condition of said reformatories, the amount of money received and expended by them during such year with a detailed statement thereof; their proceedings in regard to the prisoners therein, and such other matters as they may deem proper, or as the legislature may require.

§ 324. Money and transportation to be furnished prisoners on discharge.It shall be the duty of the superintendent of a county penitentiary to furnish to each convict, male or female, who shall have been convicted of a felony, and imprisoned therein in pursuance of the provisions of statute, upon his or her discharge from the penitentiary, by pardon or otherwise, necessary clothing not exceeding twelve dollars in value, except for the time between the first day of November and the first day of April, when clothing not exceeding eighteen dollars in value may be given; and a sum of money not exceeding, on an average, five dollars, as the superintendent may deem proper and necessary; and a railroad ticket or tickets for the transportation of one person from the penitentiary to the place of his or her conviction, or to such other place as said convict may designate at no greater distance from the penitentiary than the place of conviction. It shall be the duty of the superintendents of said penitentiaries to make a return to the comptroller of this state, under oath, on the thirtieth day of June of each year, in which he shall fully set forth the name of each convict received in said penitentiaries by virtue of statute, in what court convicted, before what presiding justice or judge, the offense for which conviction was had, the date of such conviction and length of sentence, date

§ 325.

Separation of adults and minors.

L. 1916, ch. 394. of reception of such convict at such penitentiaries, and the date of his or her discharge therefrom; and in detail, the sums of money paid by them under the foregoing provisions of this section. The comptroller shall thereupon audit and allow to such penitentiaries such sum as may be found due to them, under the foregoing provisions, during the year preceding said thirtieth day of June, and shall draw his warrant upon the treasury of the state in favor of the superintendent of each penitentiary, for the amount so audited and allowed, payable out of any money in the treasury not otherwise appropriated. (Amended by L. 1916, ch. 118, § 26, in effect Apr. 3, 1916.)

§ 325. Separation of adults and minors in county penitentiaries.-Prisoners who are minors, detained in any county penitentiary, shall not be placed, or kept, or allowed to be, at any time, with any adult prisoner, or prisoners, in any room, dormitory, cell, tier or corridor of the buildings of such institution, or on its grounds, or, while for any purpose, outside such buildings or grounds. Such minor prisoners shall not be placed or kept or allowed to be, at any time, with any adult prisoner or prisoners, in any other room or subdivision of the buildings of such institution unless separately grouped in such manner as to make intercommunication with adult prisoners impossible. (Added by L. 1916, ch. 394, in effect May 2, 1916.)

L. 1916, ch. 594.

Commission on new prisons.

§§ 1, 2.

PRISONS.

Extending and developing functions of workhouses, penitentiaries and reformatories in cities; see Cities.

L. 1916, ch. 594.-An act to reorganize the commission on new prisons, to define its powers and duties, to provide for the establishment of a new farm and industrial prison and the construction of new buildings at Sing Sing prison, making appropriations for such purposes and repealing certain acts relating to the commission on new prisons. (In effect May 18, 1916.)

§ 1. Commission on new prisons continued and reorganized.-The commission on new prisons, as established by chapter six hundred and seventy of the laws of nineteen hundred and six, is continued, and shall hereafter consist of the superintendent of state prisons, the superintendent of public works and the state architect and two persons to be appointed by the gov ernor, with the powers and duties prescribed by this act. Upon the taking effect of this act the terms of office of the commissioners of new prisons now in office and of all officers and employees of such commission shall expire.

§ 2. Secretary; expenses; site for new prison; contracts.-The commission may employ a secretary and fix his compensation, which shall not exceed one thousand dollars in any fiscal year. Each commissioner and the secretary shall be paid his necessary expenses incurred in the discharge of his official duties. Such commission shall select either the site heretofore acquired by the state at Wingdale for prison purposes, or the site heretofore acquired by the state at Beekman for a farm and industrial colony for tramps and vagrants as a site for the construction thereon of a new farm and industrial prison, in accordance with the provisions of this act. Such commission shall adopt and approve plans, to be prepared or approved by the state architect, or if the commission so determine, to be prepared by other architects after public competition for the location, construction and equipment of the buildings needed for such prison, and, subject to the provisions of this act as to the employment of prison labor, may enter into a contract or contracts for the erection and completion of such prison upon terms believed by the commission to be most advantageous to the state, at a total cost not exceeding one million two hundred and fifty thousand dollars, for the buildings and for the heat, light and power equipment thereof. Such contract or contracts shall provide that the state shall not be liable for any failure on the part of the legislature to appropriate sufficient money for the completion of the contract or contracts within the terms thereof. All contracts in connection with the construction of such prison plant, and all estimates and vouchers for the payment of money thereunder, shall be approved by the commission prior to their audit by the

§§ 3-6.

Commission on new prisons.

L. 1916, ch. 594. comptroller. If the commission determines that a public competition for plans shall be held it shall follow so far as practicable the rules for competitions laid down by the American Institute of Architects.

§ 3. New buildings at Sing Sing.-Such commission shall also select a location on the site of the state prison at Sing Sing for the construction thereon of such new buildings as may be necessary for the purposes of a receiving and distribution station for an industrial prison for prisoners committed to state prison. Such commission shall adopt and approve plans, to be prepared or approved by the state architect, for the erection and equipment of such new buildings and for the demolition of the present cell house and cell block at Sing Sing. Such commission may, subject to the provisions of this act as to the employment of prison labor, enter into a contract or contracts for the erection and completion of such new buildings, at a total cost of not exceeding seven hundred and fifty thousand dollars. Such contract or contracts shall provide that the state shall not be liable for any failure on the part of the legislature to appropriate sufficient money for the completion of the contract or contracts within the terms thereof.

§ 4. Architects; prison labor to be employed.-The state architect may, with the approval of the commission on new prisons, employ an architect or architects or such assistants and superintendents of construction as may be necessary to prepare the plans and specifications and to locally supervise the work of construction provided for by this act, whose compensation, not exceeding four per centum of the total cost of construction, shall be paid out of the funds appropriated for such work. Prison labor shall, so far as practicable, be employed in the work authorized by this act, and for such purpose the superintendent of state prisons is hereby authorized to transfer prisoners from any state prison to the site selected for the new farm and industrial prison authorized by this act. The commission is authorized to erect temporary barracks for the custody of such prisoners. The state superintendent shall continue to have the custody, control and maintenance of all prisoners so transferred.

§ 5. Appropriations.-The sum of two hundred thousand dollars ($200,000) is hereby appropriated for the construction of the said new buildings and the demolition of the old cell block and cell house at Sing Sing prison, as authorized by this act, and the sum of two hundred thousand dollars ($200,000) is hereby appropriated for beginning the construction of the new farm and industrial prison, as authorized by this act. Such money shall be payable by the treasurer on the warrant of the comptroller on the order of such commission.

§ 6. Transfers to new commissions.-All property, books, papers, records and documents pertaining to the office, powers and duties of the commission on new prisons in the possession or under the control of such com