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§ 3. Classification.-For the purposes of this chapter the fol

lowing are treated as penal institutions:

1. Jails.

2. Penitentiaries.

3. Reformatories.

4. State prisons. [New.]

§ 4. Jails.-Jails are established and maintained by counties for the confinement or detention of:

1. Persons charged with crime, and committed for trial, examination, or to await the action of a grand jury.

2. Persons convicted and sentenced to imprisonment therein for an offense other than a felony.

3. Persons awaiting transportation under a sentence of imprisonment in another penal institution.

4. Persons duly committed to secure their attendance as witnesses in a criminal case.

5. Persons duly committed for a contempt or upon a civil pro

cess.

[This section is derived from County Law, § 90, which prescribes the use of county jails.

Subdivision 1 of the above section is the same as subdivision 2 of such § 90, except that the words "or to await the action of a grand jury" are added.

Subdivision 2 is the same as the first clause of subdivision 4. Subdivision 3 corresponds to the last clause of subdivision 4. Subdivisions 4 and 5 are the same as subdivisions 1 and 3 of the present § 90.]

§ 5. Penitentiaries.-Penitentiaries are established and maintained by counties for the confinement of persons convicted of: 1. Misdemeanors.

2. Felonies, where the sentences imposed are for terms of less than one year.

[New.]

§ 6. Reformatories. Reformatories, for the purposes of this chapter, are state institutions for the confinement and reformation of male persons, convicted of felonies, who have not been before convicted of crime punishable by imprisonment in a state prison, and who are, at the time of their conviction, between the ages of sixteen and thirty years.

[New.]

§ 7. State prisons.-State prisons are for the imprisonment of persons over the age of sixteen years convicted of felonies and sentenced thereto for terms of one year or more.

[New.]

§ 8. Warden. The agent and warden of a state prison is designated in this chapter as the warden thereof.

[New. By article V, § 4, of the constitution, the term "agent and warden" is used. For convenience of reference and use in this chapter, such officer is to be designated as the warden.]

§ 9. Superintendent.-The term "superintendent" when used in this chapter, unless otherwise indicated, means the superintendent of state prisons.

[New.]

§ 10. Commission.-The term "commission " when used in this chapter, means the state commission of prisons.

[New.]

§ 11. Prisoner. The term "prisoner" as used in this chapter means a person imprisoned in a penal institution, or detained therein or held in custody elsewhere, under process of law or arrest.

[New.]

§ 12. Political division. The term "political division" when used in this chapter, includes a county, city, village, town or school district.

[New.]

ARTICLE II.

JAILS.

Section 20. Maintenance of jails.

21. Supervision, management and control.

22. Removal of prisoners from one jail to another in

same county.

23. Number of rooms.

24. Separation of prisoners.

25. Custody of prisoners.

26. Conversations of prisoners.

27. Food of prisoners.

28. Reading matter; divine service.

29. Jail physician.

30. Prisoner committed for contempt.

31. Commitments by United States courts.

32. Record of commitments.

33. Keepers to present list of prisoners detained, to

courts.

34. Prisoners to be discharged if not indicted.

35. Removal of prisoners by writ of habeas corpus.

36. Prisoner to be discharged if unable to pay fine.

Section 37. Sheriff or other officer not to receive anything of

value from a prisoner.

38. Charges for jail accommodations.

39. Service of papers on prisoner.

40. Conveyance of prisoners through other counties.

41. Removal of prisoners in case of fire.

42. Removal of sick or injured prisoners.

43. Designation of another place as county jail.

44. Copy of designation to be served on sheriff of con

tiguous county.

45. When and how designation to be revoked.

46. Houses of detention for witnesses.

47. Jail, prisoners and papers to be delivered to new

sheriff.

48. Statement of delivery.

49. Orders of arrest to be delivered to and returned by

new sheriff.

50. Delivery, how enforced.

[General note.-We have included in this article a revision of the present statutes relating to the maintenance, management and control of jails; the custody, treatment and separation of prisoners therein; the designation of the jail of another county as the jail of a county whose jail has been destroyed or abandoned, and all other matters pertaining to jails and the confinement of prisoners therein.

As will be observed by the notes to the several sections, the article is derived from §§ 94-103 of the county law (L. 1892, chap. 686) and the several sections of the code of civil procedure relating to jails and jail discipline. There seems no good reason why

provisions concerning the management of a jail should be retained in the code of civil procedure, which should properly be restricted to matters of practice in civil courts. The transfer of the sections of the county law above referred to, is made so that this chapter may contain all substantive law relating to jails.]

§ 20. Maintenance of jails.-There shall be in each county one. or more jails. The maintenance of such jails and the inmates thereof shall be a county charge. Nothing in this article shall apply to or affect jails or prisons which are under the management and control of the city of New York, or any department thereof.

[By the County L., § 230, sub. 7, it is provided that "the cxpenses necessarily incurred in the support of persons charged with, or convicted of crimes, and committed to the jails of the county," are a charge upon the county.]

§ 21. Supervision, management and control. The sheriff of each county shall have the general supervision, management and control of the jails thereof, and the custody of the persons confined therein; and such jails shall be kept by him, or by keepers appointed by him, for whose acts he shall be responsible. The term "keeper," when used in this article, means the sheriff or the person appointed by him to keep the jail.

[County L., § 183, provides that: "Each sheriff shall have the custody of the jails of his county, and the prisoners therein and such jails shall be kept by him, or by keepers appointed by him, for whose acts he shall be responsible." The first sentence of the proposed section is a re-enactment of the substance of such section of the county law. A similar provision is also found in § 121 of the code of civil procedure. The last sentence of the proposed section is new.]

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