Term of office-vacancy-salary. 69. Uniformity in regulations 70. Police powers conferred. June 16, AN ACT in relation to the penitentiary at Joliet, to be entitled "An act to provide for the management of the Illinois State penitentiary at Joliet." [Approvec 1871. In force July 1, 1871. L. 1871-2, p. 596.] 1. Joliet penitentiary continued. SEC. 1. Be it erzezeted by the People of the State of Illinois, represented in the General Assembly, That the penitentiary at Joliet, in the county of Will, until otherwise provided by law, shall be the general penitentiary and prison of this State for the confinement and reformation as well as for the punishment of all persons sentenced by any court of competent jurisdiction in this State, for the commission of any crime the punishment of which is confinement in the penitentiary, in which the person so sentenced shall be securely confined, employed at hard labor, and governed in the manner hereinafter directed. 2. Governor's duties in regard to. 2. The governor shall visit the penitentiary semi-annually, and oftener if he shall deem it best, for the purpose of examining its affairs and its condition. He shall inquire into all alleged abuses, or neglect of duty, and may make, in connection with the commissioners, such alterations in the general discipline of the prison as he may deem necessary. 3. Officers. 3. The officers of said penitentiary shall consist of three commissioners, one warden, one deputy warden, one chaplain, one physician, one steward, one matron, and as many turnkeys and watchmen as the warden and commissioners shall deem necessary. 4. Commissioners-term of office - vacancies. $ 4. The commissioners shall be appointed by the governor, by and with the advice and consent of the senate, and be subject to removal by the governor at his discretion; which removal and the cause thereof [*761] shall be reported by the governor, to the next general assembly. Those now in office shall continue to hold such offices during the terms for which they were respectively appointed, unless sooner removed by the governor, at the expiration of the terms of office for which the present commissioners have been appointed, and biennially thereafter there shall be appointed by the governor, by and with the advice and consent of the senate, one penitentiary commissioner, who shall hold his office for the term of six years, unless sooner removed by the governor. In case of any vacancy occasioned by the removal from the State by any person so appointed, or death, or resignation, or non-acceptance of the office, or removal from office by the governor, of any such person so appointed, the governor shall immediately appoint a person to fill such vacancy for the residue only of such term. And all appointments made by the gov ernor when the senate is not in session, shall be valid until acted upon at the next session of the senate. [As amended by act approved May 31, 1879. In force July 1, 1879; L. 1879, p. 221; 2d L. 1867, p. 21, § I. 5. Appointment of warden, etc. -term of office. The warden, chaplain and physician shall be appointed by the commissioners, to hold their respective offices for the term of three years, unless sooner removed by said commissioners, and said commissioners are hereby authorized to remove said warden, chaplain, or physician, at their discretion. [2d L. 1867, p. 23, 5; p. 27. 20; p. 31, 29. $5. 6. Disabilities of commissioner. 6. No person shall be appointed to the office of penitentiary commissioner who is a contractor in the penitentiary, or the agent or employee of any such contractor, or who is interested, either directly or indirectly, in any kind or branch of business in said penitentiary, or who shall at the time hold any other office under the laws of this State; and no such commissioner shall hold any other office or accept any appointment under this or any other law of this State, during his continuance in office as such commissioner. [2d L. 1867, p. 22, $3. 7. Oath-bond. § 7. Each of said commissioners shall take and subscribe the oath or affirmation prescribed by section twenty-five, article five, of the constitution of this State; and each of the said commissioners shall enter into a bond to the People of the State of Illinois, in the penal sum of $25,000, with good and sufficient sureties, to be approved by the governor and auditor of public accounts, conditioned for the faithful performance of his duty as penitentiary commissioner; and the governor and auditor of public accounts, upon discovering any default or delinquency on the part of said commissioners, or either of them, or upon the application of any surety on said bond, shall have power, and it shall be their duty, at any time, to require additional security or a new bond of said commissioners, or either of them; and the State shall have a lien upon the real property of the principal in said original and supplementary bonds, from the time of the execution and approval of the same; which bond or bonds and oath or affirmation shall be filed in the office of the secretary of State before such commissioner shall enter upon the duties of his office. [See "Official Bonds," ch. 103. 2d L. 1867, p. 21, § 2. 8. Oath and bond of warden. § 8. The warden, before entering upon the duties of his office, shall take and subscribe the oath or affirmation prescribed by section twenty-five, article five, of the constitution of this State. And he shall also enter into a bond to the People of the State of Illinois, in the penal sum of $50,000, with good and sufficient sureties, to be approved by the governor and by the said commissioners, or a majority of them, conditioned for the faithful performance of the several duties which now are or may hereafter be required of him by law, which said bond and oath or affirmation shall be deposited in the office of secretary of State. [2d L. 1867, p. 23, § 5. 9. Warden, deputy, clerks, matron, etc. 9. The warden shall have power, by and with the advice and consent of the commissioners, or a majority of them, to appoint a deputy warden, clerk and steward, who shall severally take and subscribe the oath of office prescribed by the constitution of the State, and give bond to the People of the State of Illinois, in the penal sum of $3,000, with good and sufficient sureties, to be approved by the said commissioners or a majority of them, conditioned for the faithful discharge of the duties of their respective offices. Said deputy warden, clerk and steward shall be subject to removal by said warden, and they shall perform such duties as shall be required of them by said warden, or which may be required of them by the rules, orders and reg[*762] ulations of said commissioners. Said warden shall also employ such number of assistant keepers and guards as shall be necessary, who shall, at all times, be subject to his orders, and perform such duties as he shall require of them. Said warden shall also appoint a matron, and such assistant matrons as may be necessary, not exceeding one for each twenty-five female convicts in said penitentiary, who shall perform such duties in respect to said female convicts as said warden may require of them. No person shall be appointed warden or deputy warden, clerk or steward, or to any other employment in the penitentiary under this act, who is a contractor in the penitentiary, or the agent or employee of such contractor, or who is interested, either directly or indirectly, in any kind or branch of business carried on in such penitentiary, or who shall at any time, hold any other office under the laws of this State; and no such warden, deputy warden, clerk or steward, or other employee, shall hold any other office or accept any other appointment under this or any other law of this State, during his continuance in such employment. And in case any such warden, deputy warden, clerk or steward, or other employee, shall become so interested, either directly or indirectly, at any time during the term of his employment, or shall accept any other office or appointment under the laws of this State, he shall be removed by said commissioners. [2d L. 1867, p. 24, § 5. 10. Duties of commissioners. io. It shall be the duty of said commissioners to meet at said penitentiary at least as often as once in each month, and as much oftener as the proper control and superintendence of said penitentiary shall require. They shall examine and inquire into all matters connected with the government, discipline and police of said penitentiary, the punishment and employment of the convicts therein confined, the money concerns and contracts for work, and the purchase and sales of the articles provided for said penitentiary or sold on account thereof. They shall make and require to be enforced all such general rules, regulations and orders for the government and discipline of said penitentiary as they may deem expedient, and may, from time to time, alter and amend the same; and in making such rules and regulations it shall be their duty, in connection with the governor, to adopt such as in their judgment, while being consistent with the discipline of the penitentiary, shall best conduce to the reformation of the convicts, and they shall make all necessary and suitable provision for the employment of said convicts, subject to the limitations and provisions hereinafter contained. They shall inquire into any improper conduct which may be alleged to have been committed by the warden or any other officer or employee of said penitentiary, and for that purpose may issue subpenas, and compel the attendance of witnesses, and the production before them of writings and papers, and may examine any witnesses, on oath, who may appear before them. [2d L. 1867, p. 24, § 7. 11. Reports to and by commissioners. II. Whenever the said penitentiary is ready for the accommodation and safe keeping of convicts, the said commissioners, or a majority of them, shall certify that fact to the secretary of State, and thereupon the secretary of State shall notify all the judges of the circuit courts and other courts having criminal jurisdiction, in the counties lying south of the following tier of counties, to wit: Iroquois, Ford, McLean, Tazewell, Peoria, Knox, Warren and Henderson, and after such notice, all convicts sentenced to the penitentiary in the counties aforesaid, shall be committed to the penitentiary provided for by this act : Provided, that the authorities in charge of the southern Illinois penitentiary and the one at Joliet may, with the approval of the governor, make such exchange of prisoners from one building to the other as good discipline and the interest of the State may require; And, provided, further, that the governor may, from time to time, change the boundaries of the penitentiary districts in such manner as to make the size of the districts bear due proportion to the capacity of the prisons therein. When he deems such change to be neces sary he shall certify the same to the secretary of State, designating the counties which are to be changed from one district to the other; and thereupon the secretary of State shall notify the judges and clerks of all courts having criminal jurisdiction in the counties affected by the change; and after such notice, all convicts sentenced to the penitentiary in such counties shall be committed to the prison of the district in which the county has been placed. [As amended by act approved and in force 2d L. 1867, See Const., art. 5, 21. April 5, 1879. L. 1879, p. 220. P. 25, $8. 12. Records by commissioners. § 12. They shall keep regular minutes of their meetings and proceedings at said penitentiary, and shall cause the same, together with all orders, rules and regu [*763] lations adopted by them, to be recorded in a book which shall be kept for that purpose in said penitentiary. [2d L. 1867, p. 25, 9. 13. Food-labor. 13. They shall prescribe the articles of food and the quantities of each kind which shall be provided for said convicts, and shall determine the number of hours per day during which said convicts shall be required to labor. [2d L. 1867, p. 25, § 10. 14. Annual inventory and appraisement. §14. They shall cause a full and accurate inventory and appraisement of all and singular the machinery, fixtures, goods, chattels and property of every description belonging to the State, in and about said penitentiary, to be made under oath by two or more competent appraisers, to be appointed for that purpose by said commissioners, and immediately make an inventory of all the machinery, fixtures, goods, chattels and property of every description, and at least once in each year thereafter, and shall cause copy of such inventory and appraisement to be filed in the office of the auditor of public accounts, and another copy thereof to be appended to their biennial report to the governor. [2d L. 1867, p. 25. § II. a 15. Residence, etc., of warden. $15. It shall be the duty of the warden to reside in and attend constantly at the penitentiary, except when absent on some necessary duty connected with his office, in which case his duties at said penitentiary shall, during such absence, be performed by the deputy warden, and in no case shall the warden and deputy warden be absent from the penitentiary at the same time. [2d L. 1867, p. 26, 12. 16. Duties of warden. § 16. The warden shall exercise a general supervision over the government, discipline and police regulations of said penitentiary, in accordance with the orders, rules and regu lations of said commissioners, and shall see that such orders, rules and regulations are duly enforced, and shall give the necessary directions to the officers and guards, and examine whether they have been careful and diligent in the discharge of their several duties. He shall examine daily into the state of the penitentiary and into the health, condition and safekeeping of the convicts, and shall inquire into the justice of any complaints made by any of the convicts relative to their provisions, clothing He shall make such general orders and rules for the government of the subordinate officers and employees of said penitentiary as he may deem proper, subject to the approval of said commissioners. Such rules and orders shall be in writing, and shall be entered in a book or treatment. |