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that purpose may offer a reward of not more than $25, and, with the approval of the Board of Control, a further sum not exceeding $100, to be paid from the state treasury, provided that such Warden or Superintendent, as the case may be, shall himself pay such reward if the escape is due to his negligence or that of any officer under him. ('94, ss. 7485, 7486.)
5444. Communication with Convicts—No person, without the consent of the Warden, shall bring into or carry out of the prison any writing or any information to or from any convict. Every violation of this provision shall be a misdemeanor and punished accordingly. On discovery such person may be arrested by any prison officer without warrant. ('94, s. 7488.)
5445. Diminution of Sentence-Every convict sentenced for a definite term other than life may diminish such term as follows:
1. For cach month, commencing on the day of his arrival, during which he has not violated any prison rule or discipline, and has labored with diligence and fidelity, five days.
2. After one year of such conduct, seven days for each month. 3. After two years of such conduct, nine days for each month.
4. Arter three years, ten days for each month for the entire time there. after.
Said board, in view of the aggravated nature and frequency of offenses, may take away any or all of the good time previously gained, and, in consideration of mitigating circumstances or ignorance on the part of the convict, may afterwards restore him, in whole or in part, to the standing he possessed before such good time was taken away. Whenever a convict shall pass the entire period of his imprisonment without an unexcused violation of the rules or discipline, upon his discharge he shall be restored to his rights and privileges forfeited by conviction, and receive from the governor a certificate, under the seal of the state, as evidence of such restoration. ('94, s. 7489.)
5446. Vocation of Convict-Examination by Court-Every court, before imposing a state prison or reformatory sentence shall ascertain by examintion, of the convict on oath, and such other evidence as can be obtained, the business, if any, followed by him before his arrest, whether he had learned and practiced any mechanical trade, and, if so, the nature thereof, and length of time followed. The clerk shall enter upon the minutes the facts so ascertained by the court, and deliver a certificate thereof to the sheriff of the county and other proper officer, who shall cause the same to be delivered to the Warden, Suprintendent, or other chief officer, of the State Prison or Reformatory at the time of the commitment. Every person committed to such institution shall be regularly employed at, and compelled to perform a reasonable amount of hard labor in some industrial work, unless exempted on account of sickness or other disability. ('95, c. 154, ss. 1, 2.)
Sentence should be to hard labor (68-465, 71+681.)
5447. No Contract Labor-Tools and Machinery-No contracts for leasing the labor of prisoners confined in any such institution, at a certain rate per diem, giving the contractor full control of the labor of the prisoners, shall be made; but such prisoners shall be employed under regulations established by said Board of Control, in such industries as shall from time to time be fixed upon by the officers in charge and said board, or in the manufacture of articles by the piece, under the so-called "piece price system,” by contracts with persons furnishing the materials. The chief officer, under the direction of said board, shall purchase such tools, implements, and machinery as they shall deem necessary for the work., ('95, c. 154, ss. 3, 4.)
5448. Sale of Binding Twine-Regulation- Penalty-The price of binding twine manufactured at the State Prison shall be fixed by the Warden and Board of Control not later than March 1, each year, and until May 1, thereafter such twine shall be sold only to actual consumers in quantities needed for their use, for cash or security approved by the Warden. Of the unsold twine on hand May 1, 500,000 pounds shall be reserved to fill subsequent orders of consumers. The balance may be sold to dealers within the state who enter into a written agreemnt to sell only to actual consumers therein for their own use, at a price not greater than one cent per pound above the purchase price and freight from the prison. The state shall retain a contingent interest in twine so sold, and upon violation of such agreement may declare such twine forfeited to it and retake possession thereof. Every dealer purchasing such twine shall keep it separate from other twine, and also keep a correct record of all his sales, showing the date, amount, price, and name of purchaser, which shall be open to the inspection of the Warden, Board of Control, and the proper county attorney. Sales shall be distributed among the agricultural counties as nearly as practicable in proportion to the acreage of grain therein, and after July 1, all twine on hand may be sold. Every dealer who shall violate the terms of said written agreement, and every person violating any provision of this section, shall be guilty of a gross misdemeanor. ('03, c. 104.)
5449. Number Employed in One Industry—The number of prisoners employed in a single industry at the same time shall not exceed 10 per cent of the total number of persons engaged in such industry in this state, unless a greater number shall be necessary to produce materials or articles to be supplied to state and other municipal institutions, penal or charitable. But this shall not apply to the number of prisoners employed in the manufacture of binding twine. The number employed in any such industry shall be determined by a commission of three, to consist of the Labor Commissioner, who shall be chairman, a member of the Board of Control, and a citizen of the state engaged or interested in some manufacturing industry not connected with the state prison or reformatory; the last two to be appointed by the Governor. ("95, c. 94.)
5450. Habitual Drinkers-No person shall be appointed as an officer or employee of any state prison or state reformatory who is in the habit of using intoxicating liquors, and a single act of intoxication shall justify a removal or discharge. ('95, c. 154, s. 15.)
5451. Sentence on Reformatory Plan-Whenever any person not less than seventeen or more than thirty years old, who has never been sentenced to a state prison or reformatory, is convicted of an offense punishable by imprisonment in the state prison, the court, in its discretion, may sentence him to the state prison in like manner and on like conditions as are provided for sentence to the reformatory, designating the sentence to be upon the reformatory plan; and in such cases paroles and releases shall be granted upon the same terms and conditions as from the reformatory. ('94, s. 7507.)
5452. Parole of Prisoners—The State Board of Control may parole any prisoner: Provided,
1. No convict shall be paroled who has been previously convicted of a felony other than the one for which he is serving sentence, either in this state or elsewhere.
2. No convict serving a time sentence shall be paroled until he shall have served at least one-half of his full term, not reckoning good time.
3. No convict serving life sentence shall be paroled until he has served thirty-five years, less the diminution which would have been allowed for good conduct had his sentence been for thirty-five years, and then only by unanimous consent, in writing, of the members of the Board of Pardons.
4. Such convicts while on parole shall remain in the legal custody and under control of the Board of Control, subject at any time to be returned to the prison or reformatory, and the written order of said board, ceriified by the Warden, shall be a sufficient warrant to any officer to retake and return to actual custody any such convict. Geographical limits wholly within the state may be fixed in each case, and the same enlarged ur reduced according to the conduct of the prisoners.
5. In considering applications for parole said board shall not entertain any petition, receive any written communicaton, or hear any argument from any attorney or other person not connected with said prison, in favor of the parole of any prisoner, but it may institute inquiries by correspondence or otherwise as to the previous history or character of such prisoner. ('94, s. 7510: 01, c. 232.)
5453 Location and Management- The State Reformatory shall be continued at its present site, in Sherburne County, and be under the general management of the Board of Control.
5454. Sentence-Term of Imprisonment-Any person not less than sixteen nor more than thirty years of age, convicted of a crime punishable by imprisonment in the state prison, and never before sentenced to a state prison or reformatory, may be sentenced to the reformatory, which sentence shall be without limit as to time. The commitment and accompanying papers shall be the same as upon a sentence to the state prison. Such imprisonment shall not exceed the maximum term, and may be terminated by the Board of Control at any time after the expiration of the minimum term provided by law for the crime. Whenever after sentence to the reformatory the term of confinement for such offense has been reduced by law, said board may release after service of such reduced term. ('94, ss. 3589, 3590, 3591.)
5455. Transfer of Prisoners—The Board of Control may transfer from the reformatory to the state prison, from the state prison to the reformatory, and from the state training school to the reformatory whenever, in its judgment, such transfer will be advantageous to the person transferred, or to the institution from which such transfer is made. But no life prisoner shall be transferred, and no person who has been transferred from the training school shall be transferred from the reformatory to the state prison. Said board shall make all needful rules for the employment, discipline, instruction, removal, release, or return of inmates of said institutions.. ('94, ss. 3594-3600.)
5456. Register of Convicts—Whenever any person is received into the reformatory upon direct sentence thereto, the superintendent shall cause to be entered in a register the date of his admission, his name, age, nativity, nationality, and such other facts as can be ascertained of his parentage, early social influences, and tendencies, and an estimate of his present condition and of the best probable plan of treatment. At least once every three months, minutes shall also be made thereon of observed improvements or deterioration of character, methods of treatment employed, orders or charges affecting the standing of such convict, the circumstances of his final release, and such facts of his subsequent history as may be ascertained. ('94, s. 3595.)
5457. Record of Conduct-Release-Citizenship-Each prisoner shall be credited for good personal demearor, diligence in labor and study, and results accomplished, and be charged for derelictions, negligences, and offenses, under such uniform system of marks or other method as shall be prescribed by the Board of Control; he shall be informed of his standing under such system each month, and be permitted during each month to converse with some member of the board. Whenever said board shall grant an absolute release, it shall certify the fact and the grounds therefor to the Governor, who may, in his discretion, restore the person released to citizenship. But no application for such release shall be entertained by the board. ('94, s. 3596; '99, c. 130.)
5458. Instruction in Trades—Contract System Prohibited—The board shall cause the inmates to be instructed in trades or employments for which they seem best fitted. Contract labor is hereby prohibited in the reformatory, and no inmate thereof shall be required to labor at stonework more than eight hours per day. ('94, s. 3598.)
5459. Aid for Prisoner or His Family-Said board may make provisions for such pecuniary assistance of prisoners on their discharge, or for the support of their families while in confinement, as may seem proper, by the allowance of moderate wages, to be paid from the current epxense fund of the institution. The sum arising therefrom shall, until the prisoner's final discharge, be under the control of the superintendent, to be used for the benefit of such prisoner and his family; but, should any such person wil. fully escape from the reformatory, or become a fugitive from justice, he shall thereby forfeit all earnings remaining under the control of the superintendent, and the same shall be placed in the inmates' benefit fund. ('94, s. 3595.)
5460. Parole of Prisoners—The Board of Control may parole any inmate of the reformatory under such reasonable conditions as may be deemed expedient, but such prisoner while so on parole shall be and remain at all times within the legal custody of the board, and subject to be returned to the institution, either for breach of the conditions of his parole or otherwise. Said board shall have power to enforce the terms and conditions of such parole, and to retake and reimprison any such paroled prisoner; and its written order, certified by its secretary, shall be a sufficient warrant for all officers therein named, and they shall execute the same as ordinary criminal process. ('94, S. 3594.)
5461. Supervision of Paroled or Discharged Convicts—State AgentsThe State Board of Control, as far as possible, shall exercise supervision over paroled and discharged convicts, and, when deemed necessary for that purpose, may appoint a state agent, fix his salary, and allow him traveling expenses. It may also appoint suitable persons in any part of the state for the same purpose. Every such agent or person shall perform such duties as it may prescribe in behalf or in supervision of prisoners paroled or discharged from the state prison, the state reformatory, or other public prison in the state, inciuding assistance in obtaining employment, and the return of paroled prisoners. Such agent and such persons shall hold office at the will of the board, and the persons so appointed shall be paid a reasonable compensation for the services actually performed by them. Each shall be paid from the current expense fund of the institution or institutions, for whose benefit he was appointed. ('94, ss. 3597-3602; '03, c. 286.)