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any allowance to a person not entitled thereto, shall be guilty of a misdemeanor.

2. The members of a board of child welfare, established by this act, shall be appointed within sixty days after this act takes effect.

2. This act shall take effect July first, nineteen hundred and fifteen.

Hospital Development Commission.

AN ACT creating the hospital development commission, defining its powers and duties, authorizing contracts for new buildings. in connection with the Utica state hospital and the Middletown state hospital, and making appropriations for such purpose and for the expense of the hospital development commission.

Chapter 238, Laws of 1917.

§ 1. Hospital development commission created. A commission is hereby created consisting of the state engineer, the chairman of the state hospital commission, the state architect, the chairman of the senate finance committee, the chairman of the assembly ways and means committee, two members to be appointed by the governor and one member of the legislature who shall also be a minority member of one of the financial committees of the legislature to be named by the minority leaders of the senate and assembly. The appointment of the last named member of the commission shall be evidenced by certificate duly executed by said minority leaders of the legislature and filed in the office of the secretary of state.

§ 2. Powers and duties of hospital development commission. Such commission shall

1. Examine each site of hospital development in the state, together with such other sites as the state now owns or which in the future may be developed for hospital purposes;

2. Make a complete investigation of the capacity of the present state hospital buildings;

3. Consider future policy of the state for the care of the insane. and whether advisable to make it part custodial and part hospital;

4. Adopt a general plan of hospital development taking into consideration proximity to centers of population, transportation of supplies, patients and their relatives and friends, healthfulness, water supply and drainage facilities;

5. Devise and adopt a plan to provide for the proper accommodation of the present surplus of patients, both in the civil hospitals and in the hospitals for the criminal insane the normal increase and a moderate surplusage of accommodations at its completion at the end of ten years;

6. Estimate the probable cost of such plan in detail;

7. Consider each hospital site as an entity and submit a comprehensive plan for its development to a predetermined capacity, showing location, size and character of each building proposed;

8. Recommend to the legislature of each year on the date on which convenes, an expenditure equal to one-tenth of the cost of the entire hospital plan when completed stating in detail which buildings coming within such appropriation in cost are most immediately necessary for relieving congestion for the proper care of patients and attendants and for the symmetrical and efficient development of the entire plan.

9. Investigate the problem of the proper care of the feebleminded in the state with the purpose of devising a plan for its solution and when this problem is under consideration the fiscal supervisor of state charities shall take the place of the chairman of the state hospital commission on the commission hereby created and the secretary of the state board of charities shall take the place of the state engineer.

§ 3. Expenses of commission; assistants. The members of the hospital development commission shall not be entitled to any compensation for their services, but shall be allowed their necessary traveling and hotel expenses incurred in the performance of their duties. Such commission may employ such assistants as may be needed, and may authorize the employment by the state engineer and state architect of such additional employees as may be needed in such offices for the purposes of this act.

§ 4. Contracts for new buildings at Marcy site. The state hospital commission is hereby authorized to enter into a con

tract or contracts, in the manner provided by section sixty-five of the insanity law, for the construction and equipment of new buildings on the Marcy site in connection with the Utica state hospital, including necessary heating, water supply and sewage disposal systems, at a cost of not exceeding one million two hundred and fifty thousand dollars ($1,250,000). The hospital development commission shall determine the character of development and buildings first to be constructed on such site pursuant to this act. The sum of two hundred and ninety-nine thousand two hundred and fifty-four dollars and eighty-five cents ($299,254.85), being the unexpended balance of the sum of three hundred thousand dollars ($300,000), appropriated by chapter seven hundred and thirteen of the laws of nineteen hundred and fifteen for the construction and equipment of the Mohansic state hospital, is hereby reappropriated and made available for commencing the work of construction at Marcy. The new buildings constructed by the hospital development commission on the Marcy site shall be known as Utica state hospital - Marcy division.

§ 5. Contracts for new building at Middletown. The state hospital commission is hereby authorized to enter into a contract or contracts, in the manner provided by section sixty-five of the insanity law, for the construction and equipment of a new building at the Middletown state homeopathic hospital, including necessary heating, water supply and sewage disposal system, at a cost not exceeding three hundred and sixty-nine thousand dollars ($369,000); but no such contract shall be entered into by the hospital commission until the character of the building to be constructed shall have been determined by the hospital development commission created by this act. The sum of one hundred thousand dollars ($100,000) is hereby appropriated for the purposes of

this section.

§ 6. Appropriation for expenses of the hospital development commission. The sum of twenty thousand dol lars ($20,000), or so much thereof as may be needed, is hereby appropriated out of any money in the treasury, not otherwise appropriated, for the expenses of the hospital development commission as authorized by this act, including the necessary hire of

Inebriates - Vagrants.

an automobile or automobiles, the payment of experts and other assistants, and such additional employees as may be needed in the offices of the state engineer and state architect, but no such additional employees shall be so employed without the approval of the hospital development commission. The money hereby appropriated for the expenses of the commission shall be payable by the treasurer on the warrant of the comptroller on the approval of the chairman of the senate finance committee and the chairman of the assembly ways and means committee.

7. This act shall take effect immediately.

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§ 88. Commitment of persons convicted of public intoxication, disorderly conduct or vagrancy. Whenever any person other than a child under the age of sixteen years is convicted in the city of public intoxication, disorderly conduct that tends to a breach of the peace, or vagrancy, other than as provided in sections eighty-eight-a and eighty-nine of this act, the magistrate, before whom such conviction is had, shall, subject to the provisions of section ninety-two of this act, impose upon the person so convicted one or other of the penalties herein provided:

1. The magistrate may commit such person, if a female, for not exceeding one year, in the boroughs of Manhattan and the Bronx, to the Roman Catholic House of the Good Shepherd, the Protestant Episcopal House of Mercy or the New York Magdalen Benevolent Society; in the borough of Brooklyn, to the Wayside Home, House of the Good Shepherd or the Bethesda Home, and in the other boroughs to one of the above named institutions or to any other similar institution for women incorporated to carry on reformatory or rescue work in the city of New York.

2. The magistrate may commit such female for the term of three years to the state farm for women under the provisions of chapter four hundred and sixty-seven of the laws of nineteen hundred and eight.

Inebriates - Vagrants.

3. The magistrate may commit such person, whether male or female, in the boroughs of Manhattan, Brooklyn, Queens and the Bronx, to the workhouse on Blackwell's Island, and in the borough of Richmond to the said workhouse or to the county jail, for a definite term not exceeding six months. (As amended by chapter 454 of the Laws of 1914, and by chapter 219 of the Laws of 1917.)

4. The magistrate may impose a fine not exceeding ten dollars for public intoxication and not exceeding fifty dollars for disorderly conduct that tends to a breach of the peace and for any of such fine or fines may fix the number of days of imprisonment for non-payment thereof, which alternative shall not exceed one day for each dollar of the fine. Upon the payment of the fine imposed, the person so convicted shall be forthwith discharged from custody. If, in the judgment of the magistrate, the person so convicted may be relied upon to pay the fine imposed within a reasonable time, the person so convicted may be conditionally released, and shall be furnished by the clerk of the court with a written certificate that he is released upon condition that the fine imposed be paid into the court within a time to be named in the certificate. If the fine be not paid within such time, the magistrate sitting in the magistrate's court in which such conviction. was had, shall issue a warrant for the arrest of such person, and shall commit him pursuant to the provisions of this section, as to commitment in case of the non-payment of a fine imposed, in the same manner as if he had not theretofore been conditionally released. If the fine imposed be not paid forthwith, the person so fined shall, if he be not conditionally released as hereinabove provided, be committed, in the boroughs of Manhattan, Brooklyn, Queens and The Bronx, to a city prison, and in the other borough of said city, to the county jail of the county in which he shall have been convicted, until such fine is paid or the alternative days of imprisonment have expired. (As amended by chapter 454 of the Laws of 1914, and chapter 603 of the Laws of 1917.)

5. The magistrate may require any person so convicted to give sufficient surety or sureties for his good behavior for a period of time, to be recited in the commitment, of not more than six months. In default of giving such surety forthwith, the court or

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