Houses of Refuge and Reformatories for Women.

SS 140-141

guide and standard, and these text books shall be graded to the capacities of the pupils pursuing such course of study.

ARTICLE IX.

HOUSES OF REFUGE AND REFORMATORIES FOR WOMEN.

SECTION 140. Names and locations of houses of refuge and reformatories for

women.

141. Appointment of managers.

142. General powers and duties of managers.

143. Appointment and removal of officers and employes; compensation.

144. General powers of superintendents.

145. Oaths and bonds.

146. Commitments; papers furnished by committing magistrates.

147. Return of females improperly committed.

148. Disposition of children of women so committed.

149. Conveyance of women committed.

150. Detentions and rearrests in case of escapes.

151. Employment of inmates.

152. Clothing and money to be furnished discharged inmates.

153. Board of managers of Bedford reformatory to notify county clerks of completion thereof.

§ 140. Names and locations of houses of refuge and reformatories for women.-The houses of correction for women located at Hudson and Albion are continued and shall be known respectively as the House of Refuge for Women at Hudson, and the Western House of Refuge for Women. The reformatory for women located at Bedford is also continued and shall be known as the New York State Reformatory for Women.

8 141. Appointment of managers.—Each such institution shall be under the control of its present board of managers, until others are appointed. Such boards shall consist of six managers to be appointed by the governor, by and with the advice and consent of the senate. All such managers shall be residents of the state, two shall be women and one a physician who has practiced his profession for ten years. The terms of the managers hereafter appointed shall be six years, except that the managers appointed to fill vacancies shall hold office for the unexpired terms of the managers whom they succeed. The term of office of one of such managers shall expire each year. If in any such institution there be less than six managers in office when this act takes effect, the governor shall appoint additional managers to make up the

number of six, who shall be so classified by him that the term of one manager shall expire each year. Where the term of office of a manager of any such institution expires at a time other than the last day of December in any year, the term of office of his successor is abridged so as to expire on the last day of December, preceding the time when such term would otherwise expire, and the term of office of each manager thereafter appointed shall begin on the first day of January. The governor may remove any manager, at any time, for cause, on giving to such manager a copy of the charges against him and an opportunity to be heard in his defense. Such managers shall receive no compensation for their time or service; but the actual expenses necessarily incurred by them in the performance of their official duties shall be paid in the same manner as other expenses of such institution. Nothing contained in this section shall abridge the term of any manager now in office.

§ 142. General powers and duties of managers. Each board of managers shall have the general superintendence, manage. ment and control of the institution over which it is appointed; of the grounds and buildings, officers and employes thereof; of the inmates therein, and of all matters relating to the government, discipline, contracts and fiscal concerns thereof, and may make such rules and regulations as may seem to them necessary for carrying out the purposes of such institutions.

§ 143. Appointment and removal of officers and employes; compensation. The board of managers of each of such institutions shall appoint from among its members a president, secretary and treasurer, who shall hold office for such length of time as such board may determine. They shall appoint a female superintendent, who shall hold office during the pleasure of the board. Such boards of managers shall fix the compensation of the officers and employes of the institution under their charge.

§ 144. General powers of superintendents.-The superintend ent of each such institution shall, subject to the direction and control of the board of managers thereof:

1. Have the general supervision and control of the grounds and buildings of the institution, the subordinate officers and employes and the inmates thereof, and of all matters relating to their government and discipline.

2. Make such rules, regulations and orders, not inconsistent with law or with the rules, regulations or directions of the board

Houses of Refuge and Reformatories for Women. SS 145-146

of managers, as may seem to her proper or necessary for the government of such institution and its officers and employes; and for the employment, discipline and education of the inmates thereof.

3. Exercise such other powers and perform such other duties as the board of managers may prescribe. Such superintendent shall also have power to appoint and remove all subordinate female officers and employes, subject to the approval of the board.

§ 145. Oaths and bonds.-Each manager and superintendent of such institutions shall take the constitutional oath of office and each superintendent shall execute a bond to the people of this state, in the sum of five thousand dollars, with sureties approved by the state comptroller, which shall be filed in the office of the comptroller. The manager appointed as treasurer of such institution shall give a bond in such amount as the comptroller may direct. The comptroller may require other officers of such institutions to give a bond, if, in his opinion, the interests of the state demand it. (As amended by chap. 49 of 1900.)

§ 146. Commitments; papers furnished by committing magistrates.

Subdivision 1. A female, between the ages of fifteen and thirty years, convicted by any magistrate of petit larceny, habitual drunkenness, of being a common prostitute, of frequenting disorderly houses or houses of prostitution, or of a misdemeanor, and who is not insane, nor mentally or physically incapable of being substantially benefited by the discipline of either of such institutions, may be sentenced and committed to the House of Refuge for Women at Hudson, or to the Western House of Refuge for Women, at Albion, or the New York State Reformatory for Women, at Bedford. The term of such sentence and commitment shall be three years, but such female may be sooner discharged therefrom by the board of managers. Such commitments to the House of Refuge for Women, at Hudson, until the New York State Reformatory for Women, at Bedford, is completed and ready for the reception of inmates shall be from the first, second, third, fourth, and fifth judicial districts, and the counties of Delaware and Otsego; to the Western House of Refuge, at Albion, from the other counties in the sixth and from the seventh and eighth judicial districts. On the completion of the New York State Reformatory for Women, at Bedford, com

mitments thereto shall be made from the first judicial district. and the counties of Westchester, Kings, Queens, Nassau, Suffolk and Richmond.

2. The board of managers of each such institution shall furnish the several county clerks of the state with suitable blanks for the commitment of women thereto. Such county clerks shall imme. diately notify the magistrates of their respective counties of the reception of such blanks and that upon application they will be furnished to them.

3. The magistrate committing a female pursuant to this section shall immediately notify the superintendent of the institution to which the commitment is made of the conviction of such female, and shall cause a record to be kept of the name, age, birthplace, occupation, previous commitments, if any, and for what offenses; the last place of residence of such female, and the particulars of the offense for which she is committed. A copy of such record shall be transmitted, with the warrant of commitment, to the superintendent of such institution, who shall cause the facts stated therein, and such other facts as may be directed by the board of managers to be entered in a book of record.

4. Such magistrate shall, before committing any such female, inquire into and determine the age of such female at the time of commitment, and her age as so determined shall be stated in the warrant. The statement of the age of such female in such warrant shall be conclusive evidence as to such age, in any action to recover damages for her detention or imprisonment under such warrant, and shall be presumptive evidence thereof in any other inquiry, action or proceeding relating to such detention or imprisonment. (As amended by chap. 632 of 1899.)

§ 147. Return of females improperly committed.-Whenever it shall appear to the satisfaction of the board of managers of any such institution, that any person committed thereto is not of proper age to be so committed or is not properly committed, or is insane or mentally incapable of being materially benefited by the discipline of any such institution, such board of managers shall cause the return of such female to the county from which she was so committed. Such female shall be so returned in the custody of one of the persons employed by such boards of managers to convey to such institutions women committed thereto, who shall deliver her into the custody of the sheriff of the county from which she was committed. Such sheriff shall take such

Houses of Refuge and Reformatories for Women. SS 148-149

female before the magistrate making the commitment, or some other magistrate having equal jurisdiction in such county, to be by such magistrate resentenced for the offense for which she was committed to any such institution and dealt with in all respects as though she had not been so committed. The costs .and expenses of the return of such female, necessarily incurred and paid by any such board of managers shall be a charge against the county from which such female was committed, to be paid by such county to such board of managers in the same manner as other county charges are collected.

§ 148. Disposition of children of women so committed.-If any woman committed to any such institution, at the time of such commitment is a mother of a nursing child in her care under one year of age, or is pregnant with child which shall be born after such commitment, such child may accompany its mother to and remain in such institution until it is two years of age and must then be removed therefrom. The board of managers of any such institution may cause such child to be placed in any asylum. for children in this state and pay for the care and maintenance of such child therein at a rate not to exceed two and one-half dollars a week, until the mother of such child shall have been discharged from such institution, or may commit such child to the care and custody of some relative or proper person willing to assume such care. If such woman, at the time of such commitment, shall be the mother of and have under her exclusive care a child more than one year of age, which might otherwise be left without proper care or guardianship, the magistrate committing such women shall cause such child to be committed to such asylum as may be provided by law for such purposes, or to the care and custody of some relative or proper person willing to assume such care.

149. Conveyance of women committed.-The board of managers of each of such institutions shall employ suitable persons to be known as marshals, to convey from the place of conviction to such institution, all women legally committed thereto, and such marshals shall have the power and authority of deputy sheriffs in respect thereto. All expenses necessarily incurred in making such conveyance shall be paid by the treasurer of the board of managers. In case of the commitment of a woman, who, at the time thereof, is the mother of a nursing child or is pregnant, the board of managers shall designate a woman of