1074

PENITENTIARY.

the month, stating their respective ages, color, disease, occupation in prison, quantity and kind of medicine administered during the month, the time they shall have remained in hospital, date of commencement and termination of treatment, number of deaths (stating the cause of such deaths), and the number of days during which such patients, in consequence of sickness, shall have been relieved from labor.

Sixth-To make a yearly report to the commissioners of the sanitary condition of the penitentiary for the past year, in which all the information contained in his daily record and his monthly reports shall be condensed. [2d L. 1867, p. 31, § 29.

33. Sickness of convict. 33. It shall be the duty of such physician, in case of any convict claiming to be unable to labor by reason of sickness, to examine such convict; and if it is his opinion, upon such examination, that such convict is unable to labor, he shall immediately certify the same to the warden, and such convict shall thereupon be relieved from labor and admitted to the hospital, or placed in his cell or elsewhere for medical treatment, as said physician shall direct, having a due regard for the safe keeping of such convict; and such convict shall not be required to labor so long as in the opinion of said physician such disability shall continue; and whenever said physician shall certify to the warden that such convict is sufficiently recovered to be able to labor, said convict shall be required to labor, but not before. [2d L. 1867, p. 32, § 30.

34. Salaries. § 34. The annual salaries of officers of said penitiary shall be as follows:

That of the commissioners, each $1500.

That of the warden, $2500.

That of the deputy warden, $1800.

That of the chaplain, $1500.

That of the physician, $1500.

The clerks, steward, matron, assistant matron, assistant keepers and guards, and all other employees of the penitentiary, shall be paid such compensation as said commissioners shall direct. [2d L. 1867, p. 32, 31.

35. Funds. $ 35. The said warden, under the direction of the commissioners, shall be the custodian of all funds belonging to said penitentiary, whether arising from the avails of the labor of the convicts, the sales of manufactured articles, or appropriations made by the general assembly, or otherwise. [2d L. 1867, p. 33, § 33.

36. Drawing funds from State treasury. 36. The auditor of public accounts shall, from time to time, draw his war[*768] rants on the treasurer in favor of said commissioners for such portions of any appropriations made by the general assembly, for the purpose of carrying on and maintaining said penitentiary, as shall, from time to time, become necessary for said commissioners to expend in carrying on and maintaining said penitentiary; but said commissioners shall not obtain said auditor's warrants on account of any appropriation, faster than the same is actually required for the purposes aforesaid. Such warrants of the auditor shall be paid by the treasurer to said commissioners on their order. out of any funds in the treasury applicable

thereto. Said commissioners shall make to the auditor, on the first day of each month, a detailed statement of all moneys received and expended during the preceding month, and accompany such report with proper vouchers for all such expenditures, and duplicates of such vouchers shall be retained by said commissioners at the penitentiary. [2d L. 1867, p. 33, $34.

37. Cruel punishments prohibited. § 37. It shall not be lawful in said penitentiary to use any cruel or unusual mode of punishment, or to punish any convict by whipping in any case whatever. [2d L. 1867, p. 34, 35.

38. Discipline-escape-killing convict. 38. Whenever several convicts combined, or any single convict, shall offer violence to any officer or guard of the penitentiary, or to any convict, or do or attempt to do any injury to any building or workshops, or any appurtenances thereof, or shall attempt to escape, or shall disobey or resist any lawful command, the officers of the penitentiary and guards shall use all suitable means to defend themselves, to enforce the observance of discipline, to secure the persons of the offenders, and prevent such attempted violence or escape; and if said officers or guards employed in said penitentiary, or any of them, shall, in the attempt to prevent the escape of any convict, or in attempting to retake any convict who has escaped, or in attempting to prevent or suppress a riot, revolt, mutiny or insurrection, take the life of a convict, such officer or guard shall not be held responsible therefor, unless the same was done unnecessarily or wantonly. [2d L. 1867, p. 34, 36.

39. Crimes committed in penitentiary. $39. The several courts of Will county, having criminal jurisdiction, shall take cognizance of all crimes committed within said penitentiary by the convicts therein confined, and said courts shall try and punish all such convicts charged with such crimes in the same manner and subject to the same rules and limitations as are now established by law in relation to other persons charged with crimes in said county; but in case of conviction, the sentence of said convict shall not commence to run until the expiration of the sentence under which he is then held in confinement in said penitentiary: Provided, that in case such convict shall be sentenced to punishment by death, such sentence shall be executed at such time as the court shall fix, without regard to the sentence under which such convict may be held in the penitentiary: Provided further, that all fees and costs arising from the prosecution of convicts for crimes committed in the penitentiary, which the county is now required to pay in like cases, shall be paid by the State. [As amended by act approved and in force June 29, 1885. L. 1885, p.

40. Amendments. $40. It shall be the duty of said commissioners to report to the governor (to be communicated to the general assembly from time to time) such amendments to this act as in their judgment shall be necessary, in order to secure the best, most economical and safest administration of the affairs of said penitentiary. [2d L. 1867, P. 35, $ 39.

41. Chaplain to read rules. § 41. It shall be the duty of the chaplain to read to the convicts, at least once in each month, the rules and regulations of the penitentiary, so far as the same relate to such convicts, and to make such explanations of the same as he shall deem proper. [2d L. 1867, p. 36, § 45.

42. Insane convict. § 42. If any case of insanity shall occur in said penitentiary, such insane person shall at once be removed to the insane hospital, at Jacksonville, or other similar hospital under the control of the State, at the expense of the State; and should said patient recover before his or her time of imprisonment shall expire, he or she shall be returned to said penitentiary; and it is hereby made the duty of the superintendent of the said hospital for the insane to receive [*769] into said hospital and treat all such insane convicts as in other cases of insanity. [2d L. 1867, p. 36, § 46.

43. Debts not to exceed appropriation. 43. The commissioners and the warden of said penitentiary are hereby forbidden to contract any debt, on behalf of the State, beyond the amount of the appropriation made by the general assembly; and if the said commissioners, or either of them, or the said warden, shall contract any debt on behalf of the State, beyond such appropriation, such contract shall be void, and said commissioners and their sureties, or said warden and his sureties, shall be held liable to pay such debts. [See "Criminal Code," ch. 38, § 208.

$ 44, repeal, omitted. See Statutes," ch. 131, 5.

AN ACT to regulate the labor of the convicts of the penitentiary of the State. [Approved March 25, 1874. In force July 1, 1874.]

44. Convicts not to labor outside walls. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no labor shall be performed by the convicts in the penitentiary of this State in any stone quarry or other place outside the walls of the penitentiary: Provided, this act shall not be so construed as to prohibit such labor being performed in quarrying stone for the use of the State by its authorized agent: And, provided, further, that this act shall not be construed to prohibit the employment of convicts outside the prison walls by the warden and commissioners, in labor incident to the business and management of the penitentiary: And, provided, further, that this act shall not be construed to affect any existing contract.

ACT OF 1872.

AN ACT to allow convicts in the penitentiary a credit in diminution of their sentence, and for their being restored to citizenship upon certain conditions. [Approved March 19, 1872. In force July 1, 1872. L. 1871-2, p. 294.]

45. Good time. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every convict who is now or who may hereafter be confined in the Illinois penitentiary, and who shall have no infraction of the rules and regulations of the penitentiary or laws of the State recorded against him, and who performs in a faithful manner the duties assigned to him, in an orderly and peaceable manner, shall be entitled to the diminution of time from his sentence as appears in the following table, for the respective years of his sentence, and pro rata for any part of a year where the sentence is for more or less than one year :

[L. 1869, p. 101, § 1; L. 1863, p. 63, § 1.

46. Forfeiture of good time. 2. In case any convict shall be guilty of the violation of any of the rules or laws of the peniten[*770] tiary or of the State, as above provided, and has become entitled to any diminution of his sentence, by the provisions aforesaid, he shall for the first offense forfeit, if he has made so much, two days; for the second offense, four days; for the third offense, eight days; for the fourth offense, sixteen days; and in addition thereto, whatever number of days, more than one, that he is in punishment, shall also be forfeited; for more than four offenses, the warden shall have power to deprive him, at his discretion, of any portion or all of the good time that the convict may have earned, but not less than as provided for the fourth offense : Provided, that the penitentiary commissioners shall have the power to restore to any convict who has heretofore or may hereafter forfeit any good time by violating any law or part thereof now in force, of which this is an amendment, and as may seem proper in their good judgment. [As amended by act approved April 15, 1875. In force July 1, 1875. L. 1875, p. 90.

47. Several sentences continuous. 3. That whenever any convict is or has been committed under several convictions, with separate sentences, they shall be construed as one continuous sentence under this law, in the grnating or forfeiting of good time. [As amended by act approved February 3, 1874. In force July 1, 1874.

48. Computing good time. § 4. The warden, in computing the diminution of time for those convicts now in the penitentiary, shall allow them for the " good time granted," but not the "good time made, for the year or part of a year or their unexpired sentence, the same as if this law had been in effect at the commencement of their sentence.

49. Certificate of restoration. § 5. The governor shall have the right to grant any convict that has been, now is, or may be hereafter confined in the penitentiary, whom he shall deem a proper person to enjoy that privilege, a certificate of restoration to all his rights of citizenship, as provided by law, although such convict may have been guilty of an infraction of the rules and regulations of the prison. The warden, upon request of the governor, shall, in cases of application for such restoration, furnish him a statement of the convict's deportment during his imprisonment, and may at all times make such recommendation to the governor as he shall deem proper respecting the restoration to citi– zenship of any convict.

6, repeal, omitted.

See " Statutes," ch. 131, § 5.

AN ACT entitled "An act to secure to clergymen of all denominations free access to the penitentiary at Joliet, and all other penal reformatory and charitable institutions in the State of Illinois. " [Approved March 28, 1874. In force July 1, 1874] 50. Free access of clergymen, SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That clergymen of all denominations shall be admitted freely and without hindrance or restraint, to visit at pleasure any inmate confined in the penitentiary at Joliet, or in any other prison, reformatory or charitable institution belonging to the State of Illinois, subject to such rules and regulations as may be established by the officers in charge of said institutions: Provided, however, that the clergymen so applying shall produce to the officers in charge of such institution, visited as aforesaid, satisfactory evidence from the church authorities to which he belongs that he is a clergyman in good standing.

51. Warden, etc., to permit ministrations. § 2. It shall be the duty of the warden, superintendent or other officer in charge of any institution mentioned in section one (1) of this act to permit the ministration of religion according to the rights and ceremonies of the church to which the visiting clergyman belongs, and to aid and assist such of the inmates, as aforesaid, who may desire it, to the comforts of religion at the hands of a clergyman of his or her own selection.

52. Penalty. 3. The warden, superintendent or other officer mentioned in this act, who shall refuse, neglect or fail to comply with the provisions herein, shall be liable to dismissal from his said office by the person or persons by whom he shall have been appointed.

AN ACT to confirm and legalize certain acts of the commissioners of the Illinois State Penitentiary and to authorize them to sell and convey certain real estate for the benefit of the State or the Illinois State Penitentiary. [Approved May 25, 1877In force July 1, 1877. Laws of 1877, p. 145.]

WHEREAS, on the

day of

A. D. 1876, certain real estate hereinafter described, was by deed of conveyance conveyed