Act takes effect when. Sec. 28. This act shall take effect and be in force from and after its passage. Effect of Juvenile Court Law. By section 28 of the Juvenile Court Law of 1909 (Stats. 1909, p. 213) and 1911 (Stats. 1911, p. 673), and again by section 31 of the Juvenile Court Law of 1913 (Stats. 1913, p. 1288), it was provided that this law was superseded as to the mode of commitment to the Preston School of Industry. The act, however, was left in force as to all matters concerning its management. It is therefore inserted in full. SCHOOL OF REFORM. An Act to establish a school for the discipline, education, employment, reformation, and protection of juvenile delinquents, in the state of California, to be known as "The Whittier State School." Title of original act. The title of the original act, as enacted in 1889, read: "An Act to establish a state reform school for juvenile offenders, and to make an appropriation therefor." It was amended to read as above by Stats. 1893, p. 328. [1. Approved March 11, 1889; Stats. 1889, p. 111. 2. Amended March 23, 1893; Stats. 1893, p. 328. 3. Amended March 7, 1905; Stats. 1905, p. 80. 4. Amended February 7, 1907; Stats. 1907, p. 3. 5. Amended April 19, 1909; Stats. 1909, p. 988.] § 1. § 2. § 3. 4. 5. Effect of Juvenile Court Law: See note at end of act. Change of name. Board of trustees. Terms of office. Vacancy, how filled. Selection of site. To adopt plans. § 6. Trustee or employee not to be interested. 7. Meetings and modes of transaction of business. Furniture and apparatus. Deficiencies. § 8. Annual election of officers. § 9. Superintendent and other officers. § 10. Report of trustees. § 11. Meetings. § 12. Duty of superintendent. § 13. Duty of treasurer. $ 14. Buildings and grounds. § 15. Age of boys and girls subject to admission. § 16. For what offenses may be committed. § 16a. Truant children, commitment of. § 16b. Dependent and delinquent children may be committed. § 16c. Conditions and manner of commitment. § 16d. [Renumbered § 20.] § 16e. [Renumbered § 20.] § 17. Citation to custodian of child. Warrant for arrest of parent or custodian. Detention of child. Term of commitment. § 18., Discharge of child. 19. Right to parole. § 20. Incorrigible children to be returned to court. $21. Private examinations. $22. Record, what only to be made. $23. Clothing, money, and transportation for those released. $24. Aiding escapes. Punishment therefor. 25. Who shall execute writ of commitment. 26. Auditing by board of trustees. 27. Boys may be transferred from state prison. $28. [Renumbered § 25.] $29. When inmate must support himself. [Repealed.] $30. [Renumbered § 26.] $31. [Added section. Renumbered § 27.] $31. Act takes effect when. Juvenile Court Law. As to this law, see note at end of this statute. Change of name. Section 1. There shall be established and maintained in this state, and located at Whittier, in the county of Los Angeles, an institution for the discipline, education, employment, reformation, and protection of juvenile delinquents in the state of California, to be known as "The Whittier State School"; and in all judicial, official, or other proceedings, and in all contracts, transfers, or other instruments in writing, the above name shall be deemed a sufficient designation of said institution. [Amendment approved March 23, 1893; Stats. 1893, p. 328.] Board of trustees. Terms of office. Vacancy, how filled. Sec. 2. The general supervision and government of said institution shall be vested in a board of trustees consisting of three citizens of the state of California, who shall be appointed by the governor with the advice and consent of the senate. The members of said board shall hold their offices for the respective terms of two, three, and four years from the first day of March, eighteen hundred and eightynine, and until their successors shall be appointed and qualified said respective terms to be designated in their appointments; and thereafter there shall be one of said board appointed in the same manner every two years, whose term of office shall continue four years, and until his successor is appointed and qualified. If a vacancy shall occur in said board by expiration of the term of any such trustee, or otherwise, when the senate is not in session, the governor shall fill such vacancy for the unexpired term, subject to the approval of the senate at its next regular session. Said trustees, before entering on the discharge of the duties of their office, shall each take an oath faithfully to discharge the Fame, Powers. Sec. 3. The trustees of such institution shall be a body corporate and politic for certain purposes, namely: To receive, hold, use, and convey or disburse moneys or other property, real and personal, in the name of said corporation. but in trust and for the use and by the authority of the state of California, and to control, manage, and direct the several trusts committed to them respectively, including the organization, government, and discipline of all officers, employees, and other inmates of said institution, with power to make contracts, to sue and be sued, plead and be impleaded, to have and to use a common seal, and to alter the same at pleasure, and to exercise all the powers usually belonging to said corporations and necessary for the successful discharge of the obligations devolved by law upon said meinbers of trust; provided, that they shall not have power to bind the state by any contract or obligation beyond the amount of appropriations which may at the time have been made for the purposes expressed in the contract or obligation, nor to sell or convey any part of the real estate belonging to such institution without the consent of the legislature, except that they may release any mortgage, or convey any real estate which may be held by them as security for any money or upon any trust, the terms of which authorize such conveyance; and provided further, that the legislature shall have power at any time to amend, alter, revoke, or annul the grant of corporate powers herein contained. Selection of site. Sec. 4. The said board of trustees are hereby empowered [invested] with full power and authority to select a site for the permanent location of said school in the county of Los Angeles. Said trustees shall, within thirty days after their appointment and qualification, examine the different sites. offered by the people of the county of Los Angeles for the location of the said school, and select therefrom a suitable. location for said buildings; and the site selected by them. shall be and remain the permanent site for said school; said site to contain not less than forty nor more than one hundred and sixty acres, giving preference, other things being equal, to a location central and easy of access from all parts of the county or state; provided, that no buildings shall be commenced or erected in said county of Los Angeles until a deed in fee-simple of the land selected by the said board of trustees shall be made to the state, and recorded in the rec Pen. Code-53 ords of the county recorder of said Los Angeles County, and said deed deposited in the office of the secretary of state. [Amendment approved March 23, 1893; Stats. 1893, p. 328.] To adopt plans. Sec. 5. The said board of trustees shall prepare and adopt plans for the grounds, buildings, and fixtures necessary and proper for such an institution, not in their judgment to exceed in cost the amount of money hereinafter appropriated, but if practicable of such description that other buildings can be added to or enlarged without injury to their symmetry or usefulness; and may let or make all necessary contracts, with the approval of the governor, for the construction of such buildings and fixtures and the improvement of the grounds according to such plans. Said board of trustees shall use all practicable diligence in the commencement and completion of said buildings and fixtures, and the improvement of the grounds, according to such plans. Trustee or employee not to be interested. No trustee or employee of such institution shall be personally, directly or indirectly, interested in any contract, purchase, or sale made, or any business carried on in behalf of or for said institution. All contracts, purchases, or sales made in violation of this section shall be held and declared null and void, and all moneys paid to such trustee, employee, or any other person for his benefit, in whole or in part, in consideration of such purchases, contracts, or sales made, may be recovered back by civil suit, to be instituted in the name of the state of California, against such trustee, employee, or person acting in his behalf; and in addition it is hereby made the duty of the governor and the board of trustees, as the case may be, upon proof satisfactory of the fact of such interest, to immediately remove the trustee or employee delinquent as aforesaid, and to report the facts to the attorney-general, who shall take such legal steps in the premises as he shall deem expedient. Meetings and mode of transaction of business. Furniture and apparatus. Deficiencies. Sec. 7. The board shall make all needful rules and regulations concerning their meetings and the modes of transacting their business; shall take charge of said institution to see that its affairs are properly conducted, that strict discipline is maintained, and that suitable employment and education are provided for its inmates. They are authorized to make contracts for the purchase of furniture, apparatus, tools, stock, provisions, and everything necessary to equip the institution for the purposes herein specified, and to maintain and operate the same; provided, said board shall incur no expense nor contract any debt beyond appropriations made or donations given for the said school, and then only in such manner as may be prescribed by the act of appropriation or the instrument of donation. [Amendment approved March 23, 1893; Stats. 1893, p. 329.] Annual election of officers. Sec. 8. The board shall annually elect from their own number a president and a vice-president, whose term of office shall be for one year, and until their successors shall be duly appointed and qualified. They shall also elect a treasurer, not one of their own number, whose term of office shall be for two years, and until his successor shall be duly elected and qualified, who shall be at all times subject to removal by the board for good cause. [Amendment approved March 23, 1893; Stats. 1893, p. 329.] Superintendent and other officers. Sec. 9. The board shall appoint a superintendent of said school, not of their own number, whose salary shall be fixed by said board, not to exceed three thousand six hundred dollars per annum, and shall also appoint such other officers and such assistants as the wants of the institution may from time to time require, and shall prescribe their duties and fix their salaries, as may be reasonable. may be reasonable. [Amendment approved March 23, 1893; Stats. 1893, p. 329.] Report of trustees. Sec. 10. Said board of trustees shall, on or before the first day of December every two years, make to the governor a full and detailed report of their doings as such trustees, and of the expense of said institution, with such other information relating thereto as they may think interesting or useful to the state; which report shall be communicated by the governor to the next succeeding session of the state legislature. Said trustees shall receive no salary for their services as such from the state, but shall be allowed all necessary expenses incurred in the discharge of their duties. Meetings. Sec. 11. The board of trustees shall have a regular meeting once every three months, at such time and place as they may direct; special meetings may be called by the president. of said board in all cases where it becomes necessary for such a meeting. |