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Records in office of governor.
SEC. 382. The governor must cause to be kept the following records :
1. A register of all applications for pardon or for commutation of any sentence, with a list of the official signatures and recommendation in favor of each application ;
5. A record of all persons confined in the state prison, showing the name of the convict, his age, and general appearance, when and where convicted, and of what crime, the time of his sentence, and when such time expires. [Pol. Code.]
C. PRISON DIRECTORS.
Prison directors, appointment and term of office.
SECTION 1. There shall be a state board of prison directors, to consist of five persons to be appointed by the governor, with the advice and consent of the senate, who shall hold office for ten years, except that the first appointed shall in such manner as the legislature may direct, be so classified that the term of one person so appointed shall expire at the end of each two years during the first ten years, and vacancies occurring shall be filled in like manner. The appointee to a vacancy occurring before the expiration of a term shall hold office only for the unexpired term of his predecessor. The governor shall have the power to remove either of the directors for misconduct, incompetency, or neglect of duty, after an opportunity to be heard upon written charges. [Const. Cal., Art. X.]
Powers and duties of prison directors.
SEC. 2. The board of directors shall have the charge and superintendence of the state prisons, and shall possess such powers and perform such duties, in respect to other penal and reformatory institutions of the state, as the legislature may prescribe. [Const. Cal., Art. X. ]
SEC. 3. The board .shall appoint the warden and clerk, and determine the other necessary officers of the prisons. The board shall have power to remove the wardens and clerks for misconduct, incompetency, or neglect of duty. All other officers and employees of the prisons shall be appointed by the warden thereof, and be removed at his pleasure. [Const. Cal., Art. X.]
Compensation of prison directors.
SEC. 4. The members of the board shall receive no compensation, other than reasonable traveling and other expenses incurred while engaged in the performance of official duties, to be audited as the legislature may direct. [Const. Cal., Art. X.]
Directors; number; term of office; vacancies; oath of office.
Sec. 1573. For the government and management of the state prisons there shall be appointed by the governor, by and under the advice of the senate, five directors, who shall hold their office for the term of ten years, from and after the date of such appointment; such appointments to be made as vacancies occur in the board. In case of death or resignation of a director his successor shall be appointed to fill the unexpired term of such director by the governor, by and with the advice of the senate. Each director shall subscribe an oath of office, which shall be indorsed on his commission, within ten days after receiving written notice of such appointment, and a duplicate of such oath shall also be filed with the secretary of state. [Pen. Code.] President of board of directors.
SEC. 1574. The board of directors shall annually elect one of their members president of the board, whose duty it shall be to preside at the meetings of the board and to perform such other duties as may from time to time be prescribed by the rules and regulations for the government of the board, and the clerk of said board of directors shall immediateiy notify the governor in writing of such election. [Pen. Code.]
SEC. 1575. Three members of the board shall constitute a quorum for the transaction of all business, but no order of the board shall be valid unless concurred in by three or more members. [Pen. Code.]
Duties of directors.
Sec. 1576. It shall be the duty of the directors to determine the necessary officers and employees of the prisons other than those of the wardens and clerks, specifying their duties severally, and fixing their salaries; to prescribe rules and regulations for the government of the prisons, and to revise and change the same from time to time as circumstances may require, and to board
and lodge the officers and employees, or allow them a money commutation in lieu thereof; provided, the warden may make temporary rules, in cases of emergency, to remain in force until the succeeding meeting of the board. At least three of the directors shall visit the prisons once in each month, and oftener if necessary, at such time as they may select. The director's shall audit all claims for supplies, services, and expenses of officars and employees, and all other demands against the prison.
Second—To enter or cause to be entered on their journal by the clerks all official acts which shall be signed by at least three members of the board.
Third-On or before the first day of December of each year to report to the governor the condition of the prisons, together with detailed statements of receipts and expenditures, and such suggestions concerning the prisoners as may appear to be necessary and expedient.
Fourth-The board of directors shall also adopt rules and regulations not inconsistent with the constitution and the laws of the State of California for the government of the board, and may change the same at their pleasure.
Fifth--The board of directors shall have power to establish an office in San Francisco, and employ a secretary. [Pen. Code.]
Annual report of board of directors.
SEC. 1593. There shall be printed annually for the use of the prisons five hundred copies of the annual report of the board of directors, and the clerk shall annually transmit to each of the state prisons in the United States one copy of such report. [Pen. Code.]
Power of directors in regard to sale of jute, see stats. 1909, chap. 182, p. 280.
D. WARDENS. Appointment of wardens.
SEC. 1577. The board of directors shall, within thirty days after this act becomes effective, appoint a warden for each prison, who shall take and subscribe an oath or affirmation faithfully to discharge the duties of his office, as prescribed by law and by the rules and regulations of the board of directors, and shall enter into a bond to the State of California, in the sum of twenty-five thousand dollars, with two or more sufficient
sureties, said bond to be approved by the board of directors, the governor, and the attorney general of the state, conditioned to the faithful performance of such duties as such officer aforesaid. Each warden shall hold his office for a term of four years from and after the date of the appointment made in compliance with the provisions of this section, and his compensation shall be fixed at the time of his appointment in conformity with provisions of section fifteen hundred and eighty-two of the Penal Code. [Pen. Code.]
Duties of wardens.
SEC. 1578. The wardens shall reside at the state prisons to which they are respectively assigned in houses provided and furnished at the expense of the state, as may be ordered by the board of directors, and it shall be their duty :
First-To fill all subordinate positions that may be created by order of the board of directors by appointment of suitable persons thereto.
Second-Under the order and direction of the board to prosecute all suits at law or in equity that may be necessary to protect the rights of the state in matters or property connected with the prisons and their management, such suits to be prosecated in the name of the board of state prison directors.
Third—To supervise the government, discipline, and police of the prisons, and to enforce all orders and regulations of the board in respect to such prisons. A registry of convicts shall be kept by them respectively, in which shall be entered the name of each convict, the crime of which he is convicted, the period of his sentence, from what county sentenced, by what court sentenced, his nativity, to what degree educated, at what institution and under what system, an accurate description of his person, and whether he has been previously confined in a state prison in this or any other state, and if so, when and how he was discharged.
Fourth-To report to the governor before the twentieth of each month the names of all prisoners whose terms are about to expire, giving in such report the terms of their sentences, the date of imprisonment, the amount of total credits to the date of such report, and the date when their service would expire by limitation of sentence.
Fifth—To grade and classify the prisoners in accordance with
Deputies and subordinate officers.
SEC. 876. All assistants, deputies and other subordinate officers, whose appointments are not otherwise provided for, must be appointed by the officer or body to whom they are respectively subordinate. [Pol. Code.]
Powers of deputy.
SEC. S05. In all cases not otherwise provided for each deputy possesses the powers and may perform the duties attached by law to the office of his principal. [Pol. Code.]
The deputy of an executive officer is an assistant and empowered by law to act in the name of the officer. He is appointed by the principal officer, but his authority is derived from the statute which permits his appointment. He is not the private agent of the individual who holds the office: 64 Cal. 213.
The death of the principal does not terminate the authority of the deputy: 18 John. (N. Y.) 120. The name of the principal must be used by the deputy in performing official
acts: 5 Cal. 449; 23 Cal. 401. Oath of deputies.
SEC. 910. Deputies, clerks, and subordinate officers must, within ten days after receiving notice of their appointment, take and file an oath in the manner required of their principals. [Pol. Code.]
As to retaining wages and salaries, see page 40: Stats. 1871-2, p. 901, Pen. Code, sec. 74a. As to taking rewards for deputation, see page 40: Pen. Code, sec. 74.
F. STATE BOARD OF CHARITIES AND CORRECTIONS.
Number of members- Term of office-Qualifications—Vacan
cies, how filled. SECTION 1. A state board of charities and corrections is hereby created of six members, to be appointed by the governor, with the advice and consent of the senate, not more than three of whom shall be of the same political party. Such members shall hold office for the period of twelve years and until their successors are appointed and qualified; provided, that the members of the first board appointed under this act shall, at their first meeting, so classify themselves by lot that two of them shall go out of office at the end of four years, two at the end of eight years, and two at the end of twelve years, and an