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manner violate any of the rules and regulations of the prison, he shall forfeit all deductions of time earned by him for good conduct before the commission of such offense, or that, under this section, he may earn in the future, or shall forfeit such part of such deductions as to the board of directors may seem just; such forfeiture, however, shall be made only by the board of directors after due proof of the offense and notice to the offender; nor shall any forfeiture be imposed when a party has violated any rule or rules without violence or evil intent, of which the directors shall be the sole judges. The board shall have power to restore credits forfeited, for such reasons as by [to] them may seem proper.

See ante,

Legislation § 1588. Added by Stats. 1907, p. 592. Legislation Title I, for original code title, section, etc. § 1589. Prisoners, United States. All criminals sentenced to the state prisons by the authority of the United States shall be received and kept according to the sentence of the court by which they were tried, and the prisoners so confined shall be subject in all respects and [to] discipline and treatment as though committed under the laws of this state. The wardens are hereby authorized to charge and receive from the United States, for the use of the state, an amount sufficient for the support of each prisoner, the cost of all clothing that may be furnished, and one dollar per month for the use of the prisoner. No other or further charge shall be made by any officer for or on account of such prisoners.

Legislation § 1589. Added by Stats. 1907, p. 593. Legislation Title I, for original code title, section, etc.

See ante,

§ 1590. Directors, powers of. The board of directors shall have power to contract for the supply of gas and water for said prisons, upon such terms as said board shall deem to be for the best interests of the state, or to manufacture gas. or furnish water themselves, at their option. They shall also have power to erect and construct, or cause to be erected and constructed, electrical apparatus or other illuminating-works in their discretion with or without contracting therefor. on such terms as they may deem just. The board shall have full power to erect any building or structure deemed necessary by them, or to alter or improve the same, and to pay for the same from the fund appropriated for the use or support of the prisons. or from the earnings thereof, without advertising or contracting therefor; provided, that no building or structure, the cost of which will

exceed five thousand dollars, shall be erected or constructed without first obtaining the consent of the governor, secretary, and treasurer of the state, or a majority thereof. The board shall have power to give for meritorious service to any convict discharged, or about to be discharged, a sum in addition to that already allowed, not exceeding ten dollars. Legislation § 1590. Added by Stats. 1907, p. 593. See ante, Legislation Title I, for original code title, section, etc.

§ 1591. Officers and employees, not to receive other compensation than that allowed by directors. No officer or employees shall receive directly, or indirectly, any compensation for his services other than that prescribed by the directors; nor shall he receive any compensation whatever, directly or indirectly, for any act or service which he may do or perform for or on behalf of any contractor, or agent, or employee of a contractor. For any violation of the provisions of this section the officer, agent, or employee of the state shall be discharged from his office or service; and every contractor, or employee, or agent of a contractor engaged therein, shall be expelled from the prison grounds, and not again permitted within the same as a contractor, agent, or employee.

Legislation 1591. Added by Stats. 1907, p. 593. See ante, Legislation Title I, for original code title, section, etc.

§ 1592. Officers and employees, not to make or receive gifts, etc. No officer or employee of the state, or contractor, or employee of a contractor, shall, without permission of the board of directors, make any gift or present to a convict, or receive any from a convict, or have any barter or dealings with a prisoner. For every violation of the provisions of this section, the party engaged therein shall incur the same penalty as prescribed in section one thousand five hundred and ninety-one of this code. No officer or employee of the prison shall be interested, directly or indirectly, in any contract or purchase made or authorized to be made by any one for or on behalf of the prisons.

Legislation § 1592. Added by Stats. 1907, p. 593. See ante. Legislation Title I, for original code title, section, etc.

§ 1593. Annual reports. 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.

Legislation § 1593. Added by Stats. 1907, p. 594. See ante, Legislation Title I, for original code title, section, etc.

§ 1594. Bonds of officers and employees. All the bonds. of officers and employees under this title shall be deposited with the secretary of state.

Legislation §1594. Added by Stats. 1907, p. 594. See ante, Legislation Title I, for original code title, section, etc.

§ 1595. Rebuilding of buildings destroyed by fire. If any of the shops or buildings in which convicts are employed are destroyed in any way, or injured by fire or otherwise, they may be rebuilt or repaired immediately, under the direction of the board of directors, by and with the advice and consent of the governor, attorney-general, and secretary of state, and the expenses thereof paid out of any funds in the state treasury not otherwise appropriated by law.

Legislation § 1595. Added by Stats. 1907, p. 594. See ante, Legislation Title I, for original code title, section, etc.

§ 1596. Reports. The board of directors must report to the governor from time to time the names of any and all persons confined in the state prisons who, in their judgment, ought to be pardoned out and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, which, in their opinion, should entitle the prisoner to pardon.

Legislation § 1596. Added by Stats. 1907, p. 594. See ante, Legislation Title I, for original code title, section, etc.

Pen. Code-45

TITLE II.

County Jails.

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County jails, by whom kept and for what used.'
Rooms required in county jails.

Prisoners to be classified.

Prisoners committed must be actually confined.

Sheriff to receive prisoners committed by United States courts.
Sheriff or jailer answerable for safe-keeping of such prison-

ers.

When jail in contiguous county may be used.

Keeper of jail in contiguous county to receive prisoners.
When jail in contiguous county is not to be used.
Prisoners to be returned to proper county.

Prisoners may be removed in case of fire.

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Prisoners may be removed in case of pestilence.
Papers served on jailer for prisoner.

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1612.

§ 1613.

§ 1614.

§ 1615.

Prisoners on civil process, when not to be received.
Prisoners may be required to labor.

Rules and regulations for the performance of labor. Credits
for good behavior of prisoner confined in county jail.
Hair-cutting for sanitary purposes.

§ 1616. Care of femal prisoners in county jails.

§ 1597. County jails, by whom kept and for what used. The common jails in the several counties of this state are kept by the sheriffs of the counties in which they are respectively situated, and are used as follows:

1. For the detention of persons committed in order to secure their attendance as witnesses in criminal cases;

2. For the detention of persons charged with crime and. committed for trial;

3. For the confinement of persons committed for contempt, or upon civil process, or by other authority of law; 4. For the confinement of persons sentenced to imprisonment therein upon a conviction for crime.

School of industry at Ione, acts relating to: See post, Appendix, tit. "School of Industry."

School of reform at Whittier, acts relating to: See post, Appendix, tit. "School of Reform."

Legislation § 1597. Enacted February 14, 1872; based on Stats. 1851, p. 192, § 17, which read: "§ 17. The county jail shall be kept by the sheriff and used as a prison. 1st. For the detention of persons committed as witnesses in a criminal action. 2d. For the detention of persons committed for trial for a public offense. 3d. For the confinement of persons committed upon civil process: and 4th. For the confinement of persons sentenced to confinement therein, upon conviction for a public offense, or for examination, charged with having committed a public offense."

§ 1598. Rooms required in county jails. Each county jail must contain a sufficient number of rooms to allow all persons belonging to either one of the following classes to be confined separately and distinctly from persons belonging to either of the other classes:

1. Persons committed on criminal process and detained for trial;

2. Persons already convicted of crime and held under sentence;

3. Persons detained as witnesses or held under civil process, or under an order imposing punishment for a contempt;

4. Males separately from females.

Males and females to be separated: See post, § 1599.

Legislation § 1598. Enacted February 14, 1872; based on Stats. 1851, p. 192, § 19, which read: "§ 19. The court of sessions of the county shall cause a county jail to be erected at the county seat,-in case such jail has not been already erected, or shall provide some suitable place for the safe-keeping of prisoners, which place, until the erection of a jail, is considered in this act as the county jail The county jail, or the place provided as such shall contain a sufficient number of rooms: 1st. For the confinement of persons committed for trial in criminal actions, separate and distinct from prisoners under sentence. 24. For the confinement of prisoners under sentence. 3d. For the confinement of persons committed on civil process, or as witnesses in criminal actions, separate from those mentioned in the last two subdivisions."

§ 1599. Prisoners to be classified. Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil process, must not he kept or put in the same room, nor shall male and female prisoners (except husband and wife) be kept or put in the same room.

Legislation § 1599. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 20.

§ 1600. Prisoners committed must be actually confined. A prisoner committed to the county jail for trial or for examination, or upon conviction for a public offense, must be actually confined in the jail until he is legally discharged; and if he is permitted to go at large out of the jail, except by virtue of a legal order or process, it is an escape.

Legislation § 1600. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 194, § 32.

§ 1601. Sheriff to receive prisoners committed by United States courts. The sheriff must receive, and keep in the county jail, any prisoner committed thereto by process or

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