« ForrigeFortsett »
case of imprisonment, the court shall sentence the defendant to the Penitentiary, except as is provided in clauses one to four, inclusive, in section three of this Act, and in such cases the court may, in its discretion, commit as in those clauses provided. Every person so sentenced shall be held in the respective institution, reformatory or penitentiary for and during the definite term in said sentence named, subject to transtes, subject to parole and subject to be earlier discharged, as in this Act provided, by the Department of Public Welfare, and it shall be deemed and taken as a part of every such sentence that all of the provisions for transfer, parole and discharge in this Act contained shall be a part of said sentence as fully as though written in it.
Every person sentenced and committed under this section “one” shall, in the discretion of the Department of Public Welfare, be eligible 10 parole under rules and regulations adopted therefor by the Department of Public Welfare, such paroles to be as follows: Persons sentenced to life may be eligible to parole at the end of twenty years; persons not sentenced for life but sentenced for a definite term of years shall not be eligible to parole until he or she shall have served the minimum sentence provided by law for the crime of which he or she was convicted, good time being allowed as provided by law; nor until he or she shall have served at least one-third of the time fixed in said definite sentence. It is expressly provided that the definite sentence provided for in this stion “one” shall be applicable only to the crimes enumerated in this Sotion “one” and definite sentences shall not be applicable to any other "Time or offense enumerated in this Act; and further, that indeterminate or general sentences shall apply to all other crimes and offenses enumerated in this Act, but not to the crimes or offenses enumerated in this Section “one.”
§ 3. That except for the crimes enumerated in section one of this Ad. every person, male or female, over ten years of age, who shall be olidged guilty of a felony, or other crime punishable by imprisonment n the penitentiary, or by imprisonment either in the penitentiary or jol, and as to whom the court shall not have assessed the jail sentence, shall in all such cases, except as herein otherwise provided, in clauses one to four, inclusive, be sentenced to the penitentiary and the jury in ordict in such case and the court imposing such sentence, shall not * the limit or duration of same, but the term of such imprisonment * not be less than the minimum term nor shall it exceed the maxi"In term provided by law for the crime or offense of which the person ... "Victed, making allowance for good time as is provided by law: Provided,
Clause 1. That every male person between the ages of sixteen and oix years, except in capital cases, may, in the discretion of the "it be sentenced to the reformatory instead of the penitentiary. &n o 2. That every male person between the ages of twenty-one iary "nty-six years who has previously been sentenced to the penitenin th * Reformatory in this or any other state, district or country, may,
o ° discretion of the court, be sentenced to the penitentiary instead tho reformatory.
Clause 3. That every male person between the ages of ten and sixteen years adjudged guilty of any offense enumerated in this section, except capital offense, may, in the discretion of the court, be sentenced and committed to such other institution (other than the reformatory) as is provided by law for the incarceration, punishment, discipline, training or reformation of such class of persons, instead of the penitentiary. Clause 4. That every female person between the ages of ten and eighteen years, adjudged guilty of any offense enumerated in this section, except a capital offense, may, in the discretion of the court, be sentenced and committed to such other institution as is now provided by law, or may be provided by law, for the incarceration, punishment, discipline, training or reformation of such class of persons, instead of the penitentiary. Clause 5. That every person of the age of twenty-one years or more who shall be found guilty of robbery while armed with a dangerous weapon, or if he has any confederate present so armed to aid or abet him shall be sentenced to the penitentiary and not to the reformatory or other State institution; and every person of the age of twenty-one years or more who shall be found guilty of burglary of a dwelling house in the night time and who at the time of committing such burglary shall be found with any deadly weapon, deadly drug, or anaesthetic upon his person or in his possession shall be sentenced to the penitentiary and not to the reformatory or other State institution. § 7. The said Department of Public Welfare shall have power, and it shall be its duty, to establish rules and regulations under which prisoners in the penitentiary, in the reformatory and in such other State institutions as are now or may hereafter be provided for the incarceration, punishment, discipline, training or reformation of the prisoners of wards committed thereto, may be allowed to go upon parole outside of the penitentiary, reformatory or such other institutional buildings and enclosure: Provided, that no prisoner or ward shall be released from either the penitentiary or the reformatory or such other institution herein in this Act mentioned until the Department of Public Welfare shall have made arrangements or shall have satisfactory evidence that arrangements have been made for his or her honorable and useful employment while upon parole in some suitable occupation and also for a proper and suitable home free from criminal influences and without expense to the State: And, provided, further, that all prisoners and wards so temporarily released upon parole shall, at all times, until the receipt of their final discharge, be considered in the legal custody of the officers of the Department of Public Welfare, and shall, during the said time, be considered as remaining under conviction for the crime or offense of which they were convicted and sentenced or committed and subject to be taken at any time within the enclosure of such penitentiary, reformatory and institutions herein mentioned. Full power to enforce such rules and regulations and to retake and reimprison any inmate so upon parole is hereby conferred upon the officers and employees of the Department of Public Welfare. The order or writ certified to by the warden, superintendent or managing head of such
penitentiary, reformatory or of such other institution above mentioned, with the seal of the institution attached and directed to all sheriffs, coroners, constables, police officers or to any other particular persons named in said order or writ, shall be sufficient warrant for the officer or other person named therein to authorize the said officer or person to arrest and deliver to the proper officer of said penitentiary, reformatory or such other institution the body of the conditionally released or paroled prisoner named in said writ, and it is hereby made the duty of all sheriffs, coroners, constables, police officers or other persons named therein to execute said order or writ the same as other criminal processes. In case any prisoner or ward so conditionally released or paroled shall flee beyond the limits of the State, he or she may be returned pursuant to the provisions of the laws of this State relating to fugitives from justice. That no prisoner or ward sentenced and committed, or committed, under a general or indeterminate sentence, shall be eligible to parole after his or her commitment in said penitentiary or reformatory or State institution in this Act mentioned, until he or she shall have served the minimum term of imprisonment provided by law for the crime or offense of which he or she was sentenced and stands convicted. or committed. In all cases of definite sentences provided for in section one of this Act, persons sentenced for life or for a definite term of imprisonment may be paroled in the discretion of the Department of Public Welfare; persons sentenced for life may be eligible to parole at the end of twenty years; persons not sentenced for life but sentenced for a definite term of years shall not be eligible to parole until he or she shall have served the minimum sentence provided by law for the crime for which he or she was convicted, good time being allowed as provided by law, nor until he or she shall have served at least one-third of the time fixed in said definite sentence. § 7a. The Department of Public Welfare may parole a nonresident prisoner or ward, or a prisoner or ward whose family, relatives or friends reside outside of this State, to a person, firm or company in some state other than Illinois, to serve his parole. Such paroled prisoner or ward shall be required to make regular monthly reports in writing to the Department of Public Welfare, obey the rules of said Department of Public Welfare, obey the laws of such other state, and in all respects keep faithfully his parole agreement until discharged as in this Act provided by said department. Should such prisoner or ward so paroled violate his or her parole agreement, such prisoner or ward so violating such agreement shall from the date of such violation be deemed to owe the State of Illinois service for the remainder of his or her maximum sentence, and should such prisoner or ward so violating said parole again at any time return to the State of Illinois, he or she shall be subject to be again arrested or apprehended on the writ or order of the warden, superintendent or managing head of the penitentiary, reformatory or institution from which such prisoner or ward was paroled with full power and authority in the said Department and its employees and agents and all officers as is provided in other cases to return such parole violator to such penitentiary, reformatory or other institution. The case of such
parole violator, when so returned shall be brought before the said Department of Public Welfare for determination of such parole violation, and if said Department shall determine upon hearing, such prisoner violated his or her parole agreement, he or she shall be detained in said penitentiary, reformatory or other institution to serve the maximum term of his or her sentence, giving credit only for time faithfully served in prison and on parole before violation: Provided, however, such returned prisoner or ward may again be paroled or discharged earlier than the termination of the maximum sentence in the discretion of the Department of Public Welfare. APPROVED June 28, 1919.
ABANDONMENT OF DISTRICT.
§ 1. Amends section 44, Act of 1879. § 44. Before contract let, the court may order commissioners to abandon —court may make further orders.
(HOUSE BILL No. 640. APPROVED JUNE 28, 1919.)
AN ACT to amend section forty-four (44) of an Act entitled, “An Act to provide for the construction, reparation and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes, and to provide for the organization of drainage districts,” approved and inforce May 29th, 1879, as subsequently amended by amending section forty-four (4) thereof. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: , That section forty-four (44) of an Act entitled, “An Act to provide for the construction, reparation and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes, and to provide for the organization of a drainage district,” approved and in force May 29th, 1879; as subsequently amended, be and the same is hereby amended to read as follows: PETITION For ABANDONMENT. § 44. At any time before the contract shall have been made for the construction of any drain, ditch, levee or other work provided for in the report of the commissioners, or the order of the court made in pursuance thereof, which is sought to be abandoned, as hereinafter provided, upon petition of the majority of the adult land owners of the district representing one-third of its area, the County Court may if upon due inquiry it shall be satisfied that justice towards all the land owners of said district requires it, direct the commissioners to abandon any drain, ditch, levee or other work, or any part thereof, mentioned in such report or order. Upon the filing of any such petition it shall be set down for hearing by the court, and notices of the filing of such petition, and of the genera nature of the relief sought by the petitioners, shall be given by the clerk of the court in which such petition is filed for the length of time
and in the manner (so far as applicable to the nature of the proceedings) required by section three (3) of the Act to which this is an amendment. The court may, for good cause, after the proof of notice as aforesaid, continue the hearing of such application from time to time, and any person or persons interested may appear and resist such application; and the court after a full hearing of all material facts pertaining thereto may make such order in the premises as shall appear to the court to be just. If the court shall determine that any portion of the proposed work shall be abandoned, it shall ascertain to what extent the cost of such proposed work shall be diminished thereby; and if the assessments for benefits shall have been made, such portion of said assessments shall be abated in such uniform proportion as such change of plans shall render unnecessary for the completion of such works according to such modified or altered plans and if any lands shall have been assessed by the commissioners which, on account of such change of plans, will be wholly deprived of the benefits contemplated in the original plans, the court shall order that the entire assessments against such lands be abated. If such order shall be made after the assessments shall have been collected, the court shall order such proportion of said assessments as may be abated to be refunded to the person who may have paid the same or their lawful representatives, and for non-compliance with such order the commissioners and the treasurer of said district respectively and their sureties shall be liable upon their respéctive bonds. And the court may make any other or further order in pursuance of the objects of this section of this Act, as justice to all persons whose interests may be affected by it may require. And at any time before the contract for the construction of the proposed works shall have been made, upon presentation to the County Court of a petition signed by a majority in number of all the land Owners of such district, and owning more than one-half in area of lands in the district to which the petitioners belong, praying that the whole system of proposed works may be abandoned and the district abolished, the court shall enter upon its record an order granting the prayer of such petition, upon condition that the petitioner pay all court costs within thirty (30) days from the rendition of such order. If such petitioners fail to comply with such order, it shall be considered after the expiration of said thirty (30) days, as of no force or effect whatever. If the district be abolished under this section, assessments collected shall be refunded to the persons who have paid the same, or their representatives. Provided that the petitioners shall have the right to withdraw from said petition upon the same grounds and in the same manner as is provided by section four (4) of the Act to which this Act is an amendment. All of the provisions of this Act shall apply, as far as the same can be applied, to all drainage districts heretofore organized under the jurisdiction of justices of the peace, in pursuance of the provisions of the Act to which this Act is an amendment. APPROVED June 28, 1919.