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The employment of county convicts is subject to the limitations set forth above, under the control of the ordinary, county judge, or board of commissioners of each county.
Offenders against municipal ordinances may be required to labor as provided for by the municipal authorities.
Systems of employment. The lease, public-account, State-use, and public-works-andways systems are authorized.
Regilations.--Convicts may be leased to counties for employment on public works and ways; such convicts must be short-term men of physical capacity for the labor required.
Convicts leased to private parties may be employed at any labor consistent with reasonable punishment and the physical condition of the convicts.
No lease may be made for a longer period than five years; nor may any bid be received for the labor of less than twenty-five nor more than fifty convicts, but a bidder may make additional bids so as to secure the services of more than fifty convicts. Subletting is permissible only on terms prescribed by the commission. Guards and physicians are to be furnished by the State, the lessee furnishing maintenance, clothing, buildings, etc. The minimum contract price is fixed at $175 per annum.
No convict is allowed to work in any factory where females are employed. The prison farm is to be worked by the labor of females, boys under the age of 15 years, and aged and infirm convicts. Others may be employed between leases, if found profitable. The products of the farm may be sold or, if found practicable, may be furnished to the various institutions of the State.
The employment of all convicts must be so directed as to compete as little as possible with free labor.
Discharged convicts receive each a suit of clothing and transportation to their homes, at the expense of the lessee.
County convicts may be employed on the public works of the county or may be hired out to other counties or municipalities for labor on highways, etc.
Misdemeanor convicts may not be hired to private persons. Counties having 30,000 population may erect reformatory prisons for the detention of convicts under 16 years of age, in which employment must be constant on week days, allowing meal times. The sexes and races must be kept separate.
Sources: Code of 1895, Vol. I, section 697; Vol. III, sections 1039, 1137 to 1205; Acts of 1897, No. 340; Acts of 1903, No. 430.
HAWAII. Control.—The high sheriff, with the approval of the superintendent of public works, directs the employment of prisoners sentenced to hard labor.
Systems of employment.-- Leasing, the public-account, and the public-works-andways systems are authorized.
Regulations.-Employment must be constant and for the public benefit. Those employed on the public highways labor under the general direction of the road supervisor, but under the care of their usual overseers. Those hired to private individuals must be locked within the prison every night.
Female prisoners are to be kept by themselves and employed at mat making, sewing, washing the clothing of convicts, and such other suitable occupations as may be directed.
Source: Civil Laws of 1897, sections 1056 to 1059.
IDAHO. Control.—The governor, secretary of state, and attorney-general constitute a board of State prison commissioners, which has control of the penitentiary and of the employment of the convicts therein, and, in conjunction with the warden, adopts rules for their management and discipline.
The employment of county convicts is in the hands of the county commissioners. Systems of employment. The lease, public-account, and public-works-and-ways systems are provided for.
Regulations.- No contract may be let for the performance of any labor which will conflict with existing manufacturing interests in the State, and all employment, except that done on public works under the direct control of the State, must be within the limits of the prison grounds.
Convicts may be employed in the erection and repair of buildings and walls on and about the prison grounds and in the irrigation and cultivation of the prison farm. Labor ontside the prison walls may be done between sunrise and sunset.
Punishment is restricted to solitary confinement on a bread-and-water diet, and the wearing of a ball and chain.
Discharged convicts receive each a suit of clothing, if not already provided for, and a sum of money not to exceed $10.
Misdemeanor prisoners in any county jail are required to perform labor in and about the jail and courthouse for not to exceed eight hours per day, except Sundays and holidays. Other convicts may be employed on any public works and ways of the county.
Sources: Constitution; Code of 1901, sections 353, 5820 to 5894.
Control.-The commissioners of the State penitentiaries at Joliet and Chester and of the State reformatory at Pontiac, appointed by the governor, constitute a board of prison industries which provides for the dicipline and employment of convicts and for the disposition of the products of their labor. The governor inspects the penitentiaries at least semiannually.
Courts and county boards are charged with the employment of county convicts.
Systems of employment.---All forms of leasing or contract are forbidden. The Stateuse and public-works-and-ways systems are prescribed.
Regulations.-Supplies for use in the institutions of the State and crushed stone for road material are the classes of products directed.
As far as practicable, no machinery may be used except such as requires only hand or foot power.
Prisoners are to be classified and, for convicts of the first class, industrial training and instruction are deemed of greater importance than the production of salable articles.
The hours of labor are fixed at eight per day, Sundays and holidays excepted. Whipping, and all cruel and unusual punishments are forbidden.
An allowance, not exceeding 10 per cent of the earnings of the penitentiary, may be made to convicts by way of compensation for labor.
Misdemeanants working out fines are allowed $1.50 for each day's labor.
Goods.--No goods may come into competition with the products of free labor or be put into the market in any way. Crushed stone prepared by the convicts is furnished free to public officials for use on roads or in Government buildings.
Sources: Constitution; Annotated Statutes of 1896, chapter 38; Acts of 1903, page 271.
INDIANA. Control.— The governor appoints a board of three members which is charged with the management and control of the State prison and the convicts therein, makes contracts for their employment, and inspects the prison every two months, besides individual inspections biweekly.
Sheriffs and workhouse superintendents have charge of the labor of county convicts.
Systems of employment. The contract, piece-price, public-account, State-use, and public-works-and-ways systems are authorized.
Regulations.-Contracts may be made for the labor of four hundred convicts; if the total number confined exceeds eight hundred, then also for the labor of 50 per cent of such excess above eight hundred, no contract to extend beyond October 1, 1910.
In introducing the piece-price system, the board retains full control of the labor of convicts employed thereunder.
Farming and manufacturing are authorized, the products of the farm to be for the use of the prison, surplus products and also manufactured articles to be sold for the benefit of the State.
The number of convicts employed in any single trade is restricted to one hundred, and labor must, as far as practicable, be performed by hand.
Eight hours are the limit of a day's work.
Punishments must not be extreme nor unusual, and corporal punishment may be inflicted only by the direct order of the warden and in the presence of the physician and the moral instructor of the prison.
Discharged convicts receive a suit of clothing, $10 in money, and transportation to a point not more distant than the place of sentence.
County convicts are to labor on streets, highways, and other public works under regulations fixed by the county commissioners.
Goods.-All convict-made goods must be so marked in plain English letters. Any person desiring to be an agent for or to deal in such goods must procure a license at à cost of $500 per annum, and also give bond,
Sources: Annotated Statutes of 1901, sections 1935, 7237b to 72371, 8208 to 8234, 8334; Acts of 1903, chapter 16.
Control.--The two penitentiaries of the State are under the control of wardens chosen by the legislature, but subject to the supervision of the governor. The governor, or a visitor by him appointed, makes inspections at least quarterly. Labor is contracted for or controlled by the wardens.
Sheriffs and keepers of jails act under the direction of boards of county supervisors in the employment of county convicts.
Systems of employment.—Thecontract, State-use, and public-works-and-ways systems are directed. Leasing is forbidden.
Regulations.—The manufacture of pearl buttons and butter tubs by convict labor is forbidden.
The product of the State quarries is for State use. Surplus or refuse stone may be broken into macadam.
Minors and females are to be separated from other convicts, the females under the care of a matron.
Discharged convicts receive transportation to their homes or for other like distance, a suit of clothing, and from $3 to $5 in money.
Convicts confined in county and city jails may be employed on streets, highways, and other public works, or at such other labor as may be provided, for not more than eight hours per day, the earnings of their labor to be for the benefit of the municipality procuring the conviction.
Goods.-Surplus refuse stone at the State quarries is to be disposed of for the benefit of the State at the warden's discretion. Macadam may be distributed to the counties of the State on their requisition, and may be used only by them or by the State.
Source: Code of 1897 and Supplement of 1902, sections 5140, 5653 to 5707.
Control.—The governor appoints a board of three directors which has charge of the government of the penitentiary, makes contracts for the employment of convicts, and meets at and inspects the penitentiary monthly.
The boards of county commissioners direct the employment of county convicts.
Systems of employment.--The contract, public-account, State-use, and public-worksand-ways systems are employed.
Regulations.- No contract may be made for labor outside the prison walls, and the State may forbid any work or mode of doing the same that is injurious to the health or dangerous to life or limb of convicts.
As far as practicable, trades are to be taught at which convicts may find employment after discharge.
The hours of labor are fixed at ten per day.
A suitable number of convicts may be employed at mining coal on State lands to supply fuel for use in public buildings and State institutions. The manufacture of hard-biber twine is also authorized. Surplus convict labor may be employed on the State roads and otherwise for the benefit of the State.
Convicts are allowed 5 per cent of each day's earnings, the value of a day's labor being computed at 75 cents.
All painful and unusual punishments, including corporal punishment, are forbidden.
Counties may establish stone yards for the employment of their convicts at the preparation of macadam, the same to be sold on public account or used on the streets and highways. Convicts working out fines are allowed $1 per day for their labor.
Goods.-Twine made at the penitentiary is to be sold to the best advantage of the State, preference being given to orders from citizens.
Source: General Statutes of 1901, sections 5799 to 5804, 7028, 7032, 7052 to 7081.
KENTUCKY. Control. A board of three commissioners chosen by the general assembly governs the penitentiaries of the State, makes rules for the government of the convicts, and contracts for their labor. One commissioner must inspect the prison daily, and all in a body at least once each month.
Each county court has charge of the jail of its county, which must be inspected monthly by the county judge. The courts may also establish workhouses.
Systems of employment.—The contract and public-account systems are authorized for the employment of State convicts, and leasing and employment on public works and ways or in workhouses for county convicts.
Regulations.-Convicts may be employed only within the penitentiary walls except when laboring on public works of the State. No occupation may be pursued that is destructive to health.
Convicts are to be classified, but all hiring is to be per capita, and contracts are limited to four years each.
Cruel and inhuman punishments are forbidden, and no corporal punishment may be inflicted except in the presence of the warden or his deputy.
Discharged convicts receive each a suit of clothing, $5, and transportation to the county of sentence.
County convicts employed on highways are in the custody of the supervisor or overseer, and may be fettered with ball and chain if necessary.
Goods.-A1 convict-made goods brought from other States must be so marked before being offered for sale.
Sources: Constitution; Statutes of 1894, sections 524, 525, 1379, 2233, 2235, 4322, 4867 to 4871; Acts of 1898, chapter 4.
Control.—Three commissioners appointed by the governor have charge of State convicts, and all places where they may be employed or confined, and make rules as to the discipline and employment of prisoners.
The police jury of each parish has charge of the parish prison and its inmates.
Systems of employment. The leasing or hiring of State convicts is prohibited. The public-account and public-works-and-ways systems are authorized.' Parish convicts may be hired or leased.
Regulations.-Farm and factory work and work on roads and levees and other public works are named. The board of control may bid, as would a private contractor, for the construction of levees and public works for cities and other municipalities, the labor to be done by convicts.
Convicts are to be classified and, as far as possible, the races and sexes must be kept separate. Harsh and unusual punishments are forbidden.
Parish convicts are classified according to physical ability, and a minimum rate fixed for their hire.
The hours of their labor are limited to ten per day, beginning not earlier than 6 a. m. Employment must be within the parish of sentence.
Goods.—Brooms made by convicts in the State may not be offered for sale within the State unless so marked.
Sources: Constitution; Revised Laws of 1897, pp. 249, 666, 668; Acts of 1900, No. 70; Acts of 1902, Nos. 46, 168.
Control.—The governor and council have supervisory control of the State prison, but its government and direction are in a board of three inspectors and a warden appointed by the governor.
This board also visits county jails quarterly, and its instructions to the county commissioners must be complied with.
County commissioners have charge of jails and may add workshops for the proper employment of convicts, or may make other provision for such employment.
Systems of employment.--The contract and public-account systems are authorized. The preparation of macadam is mentioned without indicating whether it is done on public account or for State use.
Regulations. —Not more than 20 per cent of all male convicts may be employed in any one industry, and the industries must be such, as far as practicable, as are not carried on elsewhere in the State. The sale of limestone and granite and the manufacture of vehicles are mentioned.
Discharged convicts receive a sum not exceeding $10 and a suit of clothing.
Control.- A board of six directors, appointed by the governor, makes rules for the management of the penitentiary, provides for weekly inspections, and arranges for the employment of convicts.
The employment of county convicts is largely regulated by local laws. In general, the county commissioners direct the management of the jails and the employment of their inmates.
Systems of employment.—The contract system is authorized, and apparently the public-account system also.
Regulations.-Contracts may be for such employment as the board of directors may deem proper, but the manufacture of tin cans, iron stoves, and iron castings for machinery is forbidden.
Able-bodied convicts in the house of correction may be hired to the Maryland Canal Company, the State to feed, clothe, and guard those so hired.
Labor is to be performed daily except on Sundays and on Christmas Day. Overtime work is kept account of.
Punishment is limited to thirteen lashes and ten days' confinement on bread and water, but corporal punishment is to be resorted to as little as possible.
Source: Public General Laws of 1903, article 27, sections 449,522 to 569, 608, 614,616.
A board of prison commissioners appointed by the governor has general supervision of both State and county penal and reformatory institutions. This board, acting with the local heads of the various institutions, determines the industries to be pursued by convicts. State prisons are inspected monthly and jails semiannually.
County commissioners are inspectors of county jails and provide houses of correction with workshops, etc., for the detention and employment of such persons as may be sentenced thereto.
Systems of employment.—The piece-price, public-account, and State-use systems are prescribed. Contract labor is forbidden.
Female county convicts may be bound out to service for the term of sentence.
Regulations.-Employments may be such as the authorities determine, but no prisoner may be employed at engraving, (county convicts at neither printing nor engraving). Contracts may be let for piece-price work, but only for cane-seating and umbrella-making. The number of convicts that may be employed in various industries is specifically restricted, and in any institution having more than one hundred inmates, not more than 30 per cent may be employed in any one industry except cane-seating and umbrella-making. These limitations do not apply to prisoners engaged in the manufacture of goods for State use.
When goods are produced for State use, the surplus, if any, may be sold on public account.
Within the statutory provisions, such industries may be established as will enable the convicts to learn valuable trades. The clearing and improving of land is mentioned; also the preparation of macadam, in which no machinery may be employed except such as is operated by hand or foot power.
The hours of labor are restricted to sixty per week. Solitary labor and solitary confinement on bread and water are prescribed as punishments.
Convicts discharged from State prison may receive not more than $5 and a suit of clothing.
Goods.-Goods sold on public account may be offered in open market at a price as nearly equal to their market value as possible. The price for road material is to be such as the State highway commission adjudges fair.
Source: Revised Laws of 1902, chapters 222 to 225.
Control.—The two branches of the State prison and the State house of correction have separate boards of control, appointed by the governor, which classify the prisoners, make rules for their management and employment, and inspect the prisons monthly.
Sheriffs, under the direction of the county supervisors, have charge of county jails and of the labor of such persons as are sentenced thereto.