been able to do, excellent results have been obtained in the direction of classifying the women and making it possible to decide whether it is wise to continue to give them treatment from which reform is to be hoped, or to send them to institutions for merely custodial care, or to hospitals for the criminal insane. A large number of those sent to the reformatory are found to owe their misconduct to incurable mental defects, and the results of separating such women from those whose reformation may be possible are undoubtedly of great advantage to the State Such defective individuals can then be sent to custodial asylums, such as that at Newark, instead of being set free at the end of a short period of detention, and thus allowed to add to the population of defective and criminally inclined persons.

The work which has been done in this direction has been narrowly limited because of lack of facilities both in buildings and in working force, and it is believed by the managers that a very valuable service could be rendered to the State by a more thorough examination of all of the women sent to the institution and by the establishment, with the aid of suitable legislation, of the practice of examining women after conviction and before sentence in order to inform the court as to the needs and capacities of the individual.

Several individuals have become interested in the work being done at the reformatory and in the plan of expansion along the lines suggested, and the offer is now made to permit the use by the institution of land next to its present grounds and of buildings to be built by funds supplied by the persons proposing the plan. It is intended by these individuals to buy some tract of land adjoining the present land of the institution and to build upon it buildings suitable for the reception of fifty inmates, for laboratory work in connection with the scientific study to be made, and for the accommodation of officers who would be in charge of the work. The maintenance of the scientific workers who would be employed to study the character and investigate the antecedents of the inmates would be at the cost of the anonymous donors. while the State would bear the mere cost of maintenance of the inmates just as if they remained within the present boundaries of the institution grounds. It is proposed that the State shall also bear the expense of maintenance of the buildings and grounds, and that the arrangement shall continue on this basis for five years. During this period the land is to be held by three trustees, one of them to be the president of the board of managers of the reformatory, one a member of a volunteer committee on criminal courts and a third to be chosen by the donors. At the end of the period of five years the State is to have the option of buying the land and buildings at actual cost. The entire control is to be in the hands of the managers in precisely the same manner as in the rest of the institution, and the plan is in substance to expand the grounds of the institution at private expense for a limited period of years in order that an expansion of the present work of study of the inmates may be made, also at the expense of the proposers of the plan. If carried out, the gift of the use of land and buildings will materially relieve the pressure upon the existing buildings of the institution, which is so great that several rooms needed and used for other purposes have to be turned nightly into dormitories for some sixty inmates. The president of the board of managers asks whether the arrangements may be entered into by the board without special legislative authority.

OPINION.

I am of the opinion that it is within the powers of the managers to accept such a gift or loan, provided that in accepting it they do not impose upon the State any obligation to increase its expenditure or subject its wards to outside control. The fact that the institution is now overcrowded makes it highly desirable that any proper offer to increase its capacity without cost to the State should be accepted, and as the judgment of the board of managers is to the effect that a more thorough study of the history and character of the inmates would aid in the accomplishment of the specific purposes of the institution, it is proper for them to accept the services of scientific workers which are offered without expense to the State. The work to be done, while not described in great detail, is apparently within the purposes of the reformatory as expressed in the act establishing it, which is chapter 637 of the Laws of 1892, re-enacted in substance in the State Charities Law. It is there provided that whenever it shall appear to the satisfaction of the board of managers that any person committed to the reformatory is not of the proper age or is insane or mentally or physically incapable of being materially benefited by the discipline of the institution, it shall be the duty of the board to cause the return of the female to the county from which she was committed. Such study as is reasonably adapted, in the judgment of the board, to aid in arriving at a conclusion as to the action to be taken in compliance with this provision, is within the powers of the board.

It is doubtful whether the board would have power to impose upon the State any obligation for the expenditure of State funds or of the time of State officers or employees upon such a proposal as the present one, and therefore I cannot advise that the managers would be justified, in the absence of specific authority, in agreeing to pay for the maintenance of the grounds and buildings. The condition seems a very slight one to impose as one of the terms of the gift, but slight as it is, legislative authority should be asked before it is accepted. For the same reason the arrangement if entered into should not require the board of managers either to use the buildings for any definite period or to carry on the kind of work intended by the givers. It appears possible, however, for an arrangement to be entered into whereby the land may be conveyed to the trustees and the buildings constructed and permission given by the trustees to the board of managers to use the property for the purposes intended without imposing upon the managers any new obligation. The details of the arrangement would be properly expressed in a form of lease giving the State, through its board of managers, absolute control over the land and buildings for five years, without imposing the obligation of continued occupancy or of maintenance upou the State, but providing for the cost of maintenance to be paid by the donors or trustees. Such a lease should be approved by the Attorney-General before its acceptance by the board. If such an arrangement should meet the intentions of the prospective donors the board of managers would by virtue of their general powers be justified in entering into it.

The fact that the proposed plan will in effect enlarge the boundaries of the present institution does not offer a serious obstacle. The land to be added to the institution adjoins it and the control of the board of managers will be in all respects as perfect over the land which is temporarily to be used as over the land held in fee. The control over the inmates will not be affected by the extension, and as an enlargement is demanded by the present

needs of the institution, the trustees are justified in accepting this means of relieving the strain. A more difficult question would be presented if an expenditure were required in order to make the extension possible, but it is assumed that the generosity of the donors will make such expenditure unnecessary.

Dated, April 25, 1912.

THOMAS CARMODY,
Attorney-General.

To Hon. JAMES WOOD, President, Board of Managers of New York State Reformatory for Women, Bedford Hills, N. Y.

mem

§ 223. Appointment and removal of officers and employees; compensation. The board of managers of each of such institutions shall appoint from among its bers a president, secretary and treasurer, who shall hold office for such length of time as such board may determine. They shall appoint a female superintendent, who shall hold office during the pleasure of the board. Such boards of managers shall fix the compensation of the officers and employees of the institution under their charge in the manner provided in section seventeen of the state finance law. (As amended by chapter 149 of the Laws of 1909.)

§ 224. General powers of superintendents. The superintendent of each such institution shall, subject to the direction and control of the board of managers thereof:

1. Have the general supervision and control of the grounds and buildings of the institution, the subordinate officers and employees and the inmates thereof, and of all matters relating to their government and discipline.

2. Make such rules, regulations and orders, not inconsistent with law or with the rules, regulations or directions of the board of managers, as may seem to her proper or necessary for the government of such institution and its officers and employees; and for the employment, discipline and education of the inmates

thereof.

3. Exercise such other powers and perform such other duties as the board of managers may prescribe. Such superintendent shall also have power to appoint and remove all subordinate female officers and employees, subject to the approval of the board.

§ 225. Oaths and bonds. Each manager and superintendent of such institutions shall take the constitutional oath of

office and each superintendent shall execute a bond to the people of this state in the sum of five thousand dollars with sureties approved by the state comptroller, which shall be filed in the office of the comptroller. The manager appointed as treasurer of such institution shall give a bond in such amount as the comptroller may direct. The comptroller may require other officers of such institutions to give a bond if in his opinion the interests of the state demand it.

§ 226. Commitments; papers furnished by committing magistrate. 1. A female between the ages of sixteen and thirty years, or any female of any age committed under the provisions of section eighty-nine of chapter six hundred and fifty-nine of the laws of nineteen hundred and ten, as amended, convicted by any court or magistrate of petit larceny, vagrancy under subdivision three or four of section eight hundred and eighty-seven of the code of criminal procedure, habitual drunkenness, of being a common prostitute, or frequenting disorderly houses or houses of prostitution, or of a misdemeanor, and who is not insane, or mentally or physically incapable of being substantially benefited by the discipline of either of such institutions, may be sentenced and committed to the Western House of Refuge for Women at Albion or the New York State Reformatory for Women at Bedford, to be there confined under the provisions of law relating to such institution. Such commitments shall not be for a definite term, but any such female may be paroled or discharged at any time after her commitment by the board of managers of such institution, but shall not in any case be detained longer than three years. Such commitments to the Western House of Refuge for Women at Albion, shall be from the fourth, fifth, sixth, seventh and eighth judicial districts; to the New York State Reformatory for Women at Bedford, from the first, second, third and ninth judicial districts.

2. The board of managers of each such institution shall furnish the several county clerks of the state with suitable blanks for the commitment of women thereto. Such county clerks shall immediately notify the magistrates of their respective counties of the reception of such blanks and that upon application they will be furnished to them.

3. The magistrate committing a female pursuant to this section shall immediately notify the superintendent of the institution to which the commitment is made of the conviction of such female, and shall cause a record to be kept of the name, age, birthplace, occupation, previous commitments, if any, and for what offenses; the last place of residence of such female, and the particulars of the offense for which she is committed. A copy of such record shall be transmitted, with the warrant of commitment, to the superintendent of such institution, who shall cause the facts stated therein, and such other facts as may be directed by the board of managers, to be entered in a book of records.

4. Such magistrate shall, before committing any such female, inquire into and determine the age of such female at the time of commitment, and her age as so determined shall be stated in the warrant. The statement of the age of such female in such warrant shall be conclusive evidence as to such age, in any action to recover damages for her detention or imprisonment under such warrant, and shall be presumptive evidence thereof in any other inquiry, action or proceeding relating to such detention or imprisonment.

(As amended by chapter 449 of the Laws of 1910, and chapter 605 of the Laws of 1913.)

When the New York State Reformatory for Women at Bedford becomes overcrowded the board of managers must notify the State Board of Charities, and it becomes the duty of the State Board of Charities to direct the transfer of the excess inmates to such other house of refuge or reformatory as the Board of Charities may designate.

The board of managers of the New York State Reformatory for Women at Bedford cannot refuse commitments on account of illness of the person committed.

INQUIRY.

Has the Board of Managers of the New York State Reformatory for Women at Bedford the right to refuse commitments, legally made to the institution,

First, On the ground of overcrowding,

Second, On account of any kind of illness, whether infectious or otherwise?

OPINION.

The State Reformatory for Women at Bedford is maintained by the State of New York pursuant to article 14 of the State Charities Law. The provision of the law relating to commitments is as follows: