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Hearings may be private.
SEC. 23. Any child shall be entitled to a private hearing upon the question of its dependency or delinquency, and upon the request of said child, or either of his parents or guardian, such hearing shall be had privately in the manner provided by law for private hearings at preliminary examinations. An order of court adjudging a child dependent or delinquent under the provisions of this act shall in no case be deemed to be a conviction of crime.
No juveniles to be sent to jail before conviction.
SEC. 24. No court, judge, magistrate or peace officer shall commit a child under sixteen years of age to any jail or prison, before trial and conviction, but if any such child is not released pending such hearing, he may be committed to the care and custody of a sheriff, constable or other peace officer who shall keep such child in a detention home or some other suitable place outside of the enclosure of any jail or prison, as the court may direct. When any child under sixteen years of age shall be sentenced to confinement in any institution to which adult convicts or prisoners are sentenced or confined, it shall be unlawful to confine such child in the same room, yard or inclosure with such adult convicts or prisoners or to permit such child to come or remain in contact with such adult convicts or prisoners.
Provision in act that no such child shall be incarcerated in jail with persons over sixteen years of age refers only to proceedings brought under this act and children may still be incarcerated with adults when on trial under criminal statutes: 118 S. W. 1053.
Detention homes to be established.
SEC. 25. It shall be the duty of the legislative body of every county, or city and county, immediately upon this act becoming effective, to provide and thereafter maintain, at the expense of such county, or city and county, a suitable house or place to be known as the “detention home” of said county, or city. and county, for the detention of dependent and delinquent children. Such detention home must not be in, or connected with, any jail or prison, and shall be conducted in all respects as nearly like a Kome as possible and shall not be deemed to be or treated as a penal institution. Such governing body must also provide for a suitable superintendent and matron to have charge of such detention home, and provide for the payment, out of the general fund of the county, or city and county, of suitable salaries for such
superintendent and matron, such employees to be appointed by said governing body, upon the nomination of the probation committee and approval of the judge of the juvenile court.
SEC. 26. In all cases where any child shall be dependent or delinquent under the terms of this act, the parent or parents, legal guardian or person having the custody of such child, or any other person who shall, by any act or omission, encourage, cause or contribute to the dependency or delinquency of such child shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine not exceeding one thousand dollars or imprisonment in the county jail for not more than one year or by both such fine and imprisonment, and the juvenile court shall have jurisdiction of all such misdemeanors; provided, houerer, that the court may suspend sentence for a violation of the provisions of this section and impose conditions as to the conduct, in the premises of any person so convicted, and make such suspension to depend upon the fulfillment by such person of such conditions, and, in case of the breach of such conditions, or any thereof, the court may impose sentence as though there had been no such suspension. The court may also, as a condition of such suspension, require a bond in such sum as the court may designate, to be approved by the judge requiring same, to secure the performance by such person of the conditions imposed by the court on such suspension. Such bond shall by its terms be made payable tồ the State of California, and any moneys received for a breach thereof shall be paid into the county treasury.
The juvenile act (of Oregon) not intended to supersede code methods of punishing crime in cases covered by the code: 99 Pac. 282.
Construction of this act.
SEC. 27. This act shall be liberally construed to the end that its purpose may be carried out, to wit: That the care, custody and discipline of a child shall approximate as nearly as may be that which should be given by his parents, and in all cases where it can be properly done, the child shall be placed in an approved family, with people of the same religious belief, and become a member of the family, by legal adoption or otherwise. No child shall be taken from the custody of his parent or legal guardian, without the consent of such parent or guardian, unless the court shall find such parent or guardian to be incapable, or has
failed or neglected to provide proper maintenance, training and education for the child; or unless said child has been tried on probation in said custody, and has failed to reform, or unless the court shall find that the welfare of said child requires his custody shall be taken from said parent or guardian.
In this act, words used in any gender shall include all other genders, and the word "county” shall include "city and county,” the plural shall include the singular and the singular shall include the plural.
The juvenile act was designed to place the state in loco parentis and should be liberally construed: 99 Pac. 282.
Repealing and saving clauses.
SEC. 28. This act shall supersede all provisions of the act entitled : “An act to establish a state reform school for juvenile offenders, and to make an appropriation therefor," approved March 11, 1889, and all amendments thereto, and all provisions of the act entitled : “An act to establish a school of industry and to provide for the maintenance and management of same, and to make an appropriation therefor," approved March 11, 1889, and all amendments thereto relating to the mode of commitments to the institutions therein named; but said acts shall control as to all matters concerning the management of said institutions, respectively.
SEC. 29. An act entitled : "An act defining and providing for the control, protection and treatment of dependent and delinquent children; prescribing the powers and duties of courts with respect thereto; providing for the appointment of probation officers, and prescribing their duties and powers; providing for the separation of children from adults when confined in jails or other institutions; providing for the appointment of boards to investigate the qualifications of organizations receiving children under this act and prescribing the duties of such boards; and providing when proceedings under this act shall be admissible in evidence," approved February 26, 1903; and the amendments thereto approved March 22, 1905, and March 27, 1907, are hereby repealed ; provided, however, that all orders and judgments made heretofore under said act shall continue in full force and effect, and that the court shall retain jurisdiction of all children heretofore declared dependent and delinquent, and such children shall be hereafter dealt with in the same manner as if such orders had been
made under the provisions of this act, and all proceedings now pending shall be continued under the provisions of this act. All children now on probation from justice courts shall remain on probation for the period fixed in the judgment, and if required may be certified to the superior court in the manner in said act provided. When so certified the said certificate shall be dealt with in the same iner as herein provided for a petition alleging delinquency.
SEC. 30. This act shall take effect immediately. (Stats. 1909, chap. 33.]
F. PRISON REGULATIONS.
Tramps and ex-convicts not to come on premises.
SEC. 1716. Every person who, having been previously con. victed of a felony and confined in any state prison in this state, without the consent of the warden or other officer in charge of any state prison or reformatory in this state, comes upon the grounds of any such institution, or lands belonging or adjacent thereto, in the nighttime is guilty of a felony.
SEC. 171c. Any tramp, vagrant, or person who is a known associate of thieves, who comes into any state reformatory in this state, or upon the grounds belonging or adjacent thereto, and communicates with any of the inmates of such institution, without the consent of the superintendent or other person having charge thereof, or who visits or communicates with any paroled pupil or inmate of such institution, with a view to induce him to violate the conditions of his parole, or who induces such paroled pupil or inmate to leave the guardian under whom he has been placed by the superintendent or other head of such institution, is guilty of a misdemeanor. [Pen. Code.]
Unauthorized communications with convict in state prison.
SEC. 171. Every person, not authorized by law, who, without the permission of the warden or other officer in charge of any state prison, jail or reformatory in this state communicates with any convict or person detained therein, or brings therein or takes therefrom any letter, writing, literature, or reading matter to or from any convict or person confined therein, is guilty of a misdemeanor. [Pen. Code.]
Bringing narcotics, liquors or firearms into prisons.
Sec. 171a. Any person, not authorized by law, who brings into any state prison, jail, or reformatory in this state, or within the grounds belonging or adjacent to any such institution, any opium, morphine, cocaine, or other narcotic, or any intoxicating liquor of any kind whatever, or any firearms, weapons or explosives of any kind, is guilty of a felony. [Pen. Code. ] Selling liquor within half a mile of state prison, etc.
SEC. 172. Every person who, within half a mile of the land belonging to this state upon which any state prison is situated,
or within the limits of the grounds adjacent and belonging thereto, sells, gives away, or exposes for sale, any vinous or alcoholic liquors, is guilty of a misdemeanor. [Pen. Code.]
See 61 Cal. 436
Prisoners' valuables, correct account to be kept thereof.
Third—The warden shall keep a correct account of all money and valuables upon the prisoner when delivered at the prison, and shall pay the amount, or the proceeds thereof, or return the same to the convict when discharged, or to his legal representative in case of his death; and in the case of the death of such convict without being released, if no legal representative shall demand such property within five years, the same shall be paid into the state prison fund. [Pen. Code.]
As to disposition of property taken, see vol. 8 of Cyc., page 897.
Property of prisoner liable to search while in jail. See Kerr's Cyc. Code of Civil Procedure, p. 884, par. 89; see, also, 8 Cyc. 897.
Property of prisoners in hands of jailer not subject to levy, see 124 Cal. 561.
Convicts, on leaving prison, entitled to money, clothes, etc.
SEC. 1587. Fifth--Each convict, when he leaves the prison, shall be supplied with the money taken from him when he entered, and which he has not disposed of, together with any sum which may have been earned by him for his own account, allowed to him by the state for good conduct or diligent labor, or may have been presented to him from any source; and, in case the prisoner has not funds sufficient for present purposes, he shall be furi hed with five dollars in money, a suit of clothes, costing not more than ten dollars, and [his fare] by the cheapest route to the place where sentenced from, if the prisoner desires to return there, or to any other place of the same cost [for