An Act in relation to the Penitentiary

Sec.[Section] 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the first and second sections of an act passed February 9^th 1835, entitled “An act to amend an act entitled ‘An act to regulate the penitentiary,” approved February 19^th 1833,” are hereby repealed.

Sec. 2. The inspectors of the penitentiary are authorized and empowered to appoint a warden to superintend and manage the affairs of the same. The inspectors shall have power to revoke the appointment of the warden whenever, in their opinion, the interests of the state shall require it: but, unless so revoked he shall hold his ^office^ for the term of two years, and until his successor is appointed and qualified

Sec. 3. For the purpose of preventing the escape of convicts, the warden, with the approbation of the inspectors, may employ three able-bodied and trusty men as prison guards, who shall alternately, under the direction of the warden, guard the prisoners as well by night as by day.

Sec. 4. On failure to realise from the labor of the convicts confined in said penitentiary, a sum sufficient to defray the incidental expenses of the same, and to support the convicts, the inspectors shall have power to draw on the Auditor for a sum not exceeding fifteen hundred dollars per annum, to supply the deficiency.

Sec. 5. The warden shall receive a salary at the rate of one thousand dollars a year, payable quarterly out of any money in the treasury not otherwise appropriated, but if any convicts shall escape from said penitentiary during his continuance in office a deduction of thirty dollars shall be made from his salary for every convict so escaping.

Sec. 6. The inspectors shall meet at the penitentiary on the first Monday of every month at such hour as they shall appoint. They shall appoint one of their number to act as secretary; who shall enter in a book to be provided for the purpose, all orders, regulations, and other transactions of the board.

Sec. 7. One of the inspectors, to be designated by the board, shall visit the penitentiary once a week; and each inspector may visit the penitentiary as often as he shall think necessary.

Sec. 8. At every monthly meeting of the board of inspectors, the superintendent shall make a report of the receipts, expenses, and condition of the penitentiary during the preceding month.

Sec. 9. The inspectors shall establish and maintain a rigid system of police in the penitentiary, and so far as practicable, they shall prevent any conversation between the convicts.

Sec. 10. The inspectors are authorized to furnish at the expense of the state, a copy of the Bible to each convict who is able and willing to read the same.

Sec. 11. The warden is authorized, under the direction of the inspectors, to procure at the expense of the State, a book or books in which he shall keep a descriptive list of all the convicts, stating their age, place of birth, place and time of conviction, crime of which they were convicted, duration of sentence, time of reception into the penitentiary; trade, business or profession, former habits of life; whether married or unmarried, and such other particulars as the inspectors may direct.

Sec. 12. The inspectors are authorized, if, in their opinion, the public interests will be promoted thereby, to cause a separate account to be opened by the warden with each convict; in which ^such^ convict shall be credited with all the extra work which he may perform, and charged for all the time he may lose by refusal to labor, or misconduct of any kind,

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entry in a book to be kept for that purpose, of the good or bad behaviour of each convict during the week; also, of the state of such convicts health, and such other particulars as in the opinion of the inspectors, it may be useful for them to know.

Sec. 14. 1 The inspectors are authorized, if they shall deem it expedient, to allow compensation to the convicts for work performed over and above the quantity usually required of workmen: such compensation to be applied under the direction of the inspectors in supplying such convicts with useful reading; to the support of their families, if they have any: or it may be placed to their credit, and paid to them when they are discharged from the penitentiary.

Sec. 15. No inspector of the penitentiary shall become personally interested, either directly or indirectly, in any purchase, sale, lease, or contract of any kind to be entered into by the board of inspectors, on behalf of the state, with any person or persons whomsoever, under a penalty of two hundred dollars.

Sec. 16. Before entering upon the duties of their respective offices, the inspectors and warden of the penitentiary shall severally take and subscribe an oath to support the constitutions of the United States and of this State, and faithfully to perform the duties of their respective offices according to law, and to the best of their ability. Such oaths may be administered by any judge, justice of the peace, or notary public, of this state; and shall be transmitted by the inspectors to the secretary of state, and filed in his office.

Sec. 17. Each of the inspectors of the penitentiary, before entering upon the duties of his office, shall execute a bond to the governor, for the use of the people of this state, in the penal sum of five thousand dollars, with sufficient sureties to be approved by the Judge of the second judicial Circuit, or the judge of the municipal Court of the city of Alton, with the condition that such inspector shall faithfully perform the duties of his office according to law: which bond shall be transmitted by the inspectors to the secretary

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of state, and filed in his office.

Sec. 18. The warden of the penitentiary, before entering upon the duties of his office, shall execute a bond to the governor, for the use of the people of this state, in the penal sum of ten thousand dollars, with sufficient sureties approved by the judge of the second judicial circuit, or by the judge of the municipal court of the city of Alton, conditioned that the said warden shall faithfully and truly perform the duties of said office according to law.

Sec. 19. No spirituous liquors, or tobacco2 shall be given or furnished to any convict, unless prescribed by a physician.

Sec. 2o. The inspectors shall have power to increase the number of prison guards, when the increased number of convicts shall render it necessary. Provided; That not more than three guards shall be employed unless the number of convicts shall amount to forty.

Sec. 21. The inspectors of the penitentiary are hereby authorized, if, in their opinion, the interests of the state will be promoted thereby, to lease the penitentiary, and the labor of the convicts, for a term of years not exceeding ten, to some qualified and responsible person, who shall thenceforth, during the continuance of the lease, be the warden of the penitentiary, and shall perform all the duties required of that officer by law: such lessee being required to furnish all necessary food, clothing, and bedding for the convicts; to hire all the necessary guards; and in all respects to manage the affairs of the penitentiary in such a manner as best to promote the reformation, improvement and health of the convicts, ^Struck out^ Provided, That no contract shall be made by which the lessee shall be entitled to receive from the state more than eight hundred dollars per year in addition to the labor of the convicts, for guarding and supporting the same; and that, if a lease shall be made for a longer period than five years, the lessee [shall?] [?]

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of the convicts.

Sec. 22. No contract shall be entered into by the inspectors with any lessee, which will restrain or affect the power of the executive to pardon any convicts confined in the penitentiary, or to grant the lessee any remuneration in consequence of the exercise of the pardoning power.

Sec. 23. No contract which may be entered into by the inspectors with any lessee, shall be so construed as to interfere with the right of the state to remove the convicts to another building, hereafter to be erected ^(^not inferior in size, strength, or security, to the present penitentiary building, and situated within three miles of the same^)^; but the right to make such removal is hereby reserved; and when such removal shall have been made, the lease herein provided for shall no longer attach to the present penitentiary buildings, but shall thenceforth attach and apply to such new penitentiary.

Sec. 24. Triplicate copies of such lease shall be executed by the parties; one copy of which shall be kept by the lessee, one retained by the inspectors, and the other copy shall be transmitted by them to the secretary of state, and filed in his office

Sec. 25. The person who may become warden of the penitentiary by virtue of a lease as herein provided, shall be required to take an oath of office, and give bond, as in other cases; but shall receive no salary or other compensation, except such as shall be stipulated in such lease.

Sec. 26. No lease entered into by the inspectors, in pursuance of this act, shall be transferable by the lessee, without the written assent of the inspectors.

Sec. 27. Before executing any lease of the penitentiary, and of the labor of the convicts, the inspectors shall appoint a day on which they will receive written proposals for such lease; and they shall cause four weeks’ notice to be given of the same, by advertisement in the newspapers published at Alton, and in the news-

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paper published by the state printer. In deciding upon the proposals received, the inspectors shall take into consideration the qualifications and ability of the persons offering the same.

Sec. 28. No warden of the penitentiary, unless he is also the lessee thereof, shall become personally interested, either directly or indirectly, in any purchase, sale, or contract, to be entered into by the board of inspectors on behalf of the state, with any person or persons whomsoever, under a penalty of two hundred dollars.

Sec. 29. The governor shall have power to remove from office any inspector of the penitentiary, for misconduct or long continued neglect of the duties of his office, and to appoint another person to fill the vacancy until the end of the next succeeding session of the General Assembly.

Sec. 30. Whenever the inspectors shall lease the penitentiary, they shall make an inventory of all the tools and all the manufactured articles and raw materials belonging to the penitentiary, and fix upon them such prices as, in their judgment, they will readily sell for; a copy of which inventory shall be signed by the inspectors, and filed in the office of the Auditor of public accounts.

Sec. 31. The lessee of the penitentiary may receive such property at said valuation, on a credit of one year, by securing the payment of the same. If he declines to receive it on these terms, the inspectors shall have power to dispose of such property on the best terms they can procure.

Sec. 32. If the inspectors of the penitentiary shall fail to lease the penitentiary, within a reasonable time, they shall be authorized to draw on the auditor of the public accounts for a sum not exceeding three thousand dollars, payable out of any money in the treasury not otherwise appropriated; which sum shall be applied exclusively to the purchase of materials for making barrels and other [articles, the manufacture of which, at the penitentiary, may be]

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considered by the inspectors advantageous to the state.

Sec. 33. All laws and parts of laws coming within the purview of this act, are hereby repealed. This act shall be in force from and after its passage.