Indeterminate-Age.

§ 2. That, except for the crimes enumerated in section one of this Act, every sentence to the penitentiary or reformatory, and every sentence or commitment to any other State institution now or hereafter provided by law for the incarceration, punishment, discipline, training or reformation of persons convicted and sentenced to, or committed to such institution (not including, however, county jail) shall be a general sentence of imprisonment, and the courts of this State imposing such sentence or commitment shall not fix the limit or duration of such imprisonment. The term of such imprisonment or commitment shall be for not less than the minimum nor greater than the maximum term provided by law for the offense of which the person stands convicted or committed. It shall be deemed and taken as a part of every such sentence, as fully as though written therein, that the term of such imprisonment or commitment may be terminated earlier than the maximum by the Department of Public Welfare, by and with the approval of the Governor in the nature of a release or commutation of sentence or commitment. In all cases in this Act enumerated the jury trying such case shall by their verdict find the age of the defendant, as near as may be, and the court on a plea of guilty shall find the age of the defendant, as near as may be.

No court of otherwise competent criminal jurisdiction shall be deprived of jurisdiction to sentence and commit or commit, under this Act, for terms of imprisonment for a crime or offense in this Act enumerated, although such crime or offense may in addition to such imprisonment, be punishable by other or alternative punishment.

No person shall by any court be committed to the penitentiary, reformatory or other State institution for the recovery of a fine or costs.

Sentence Term-Age (1919).

Sec. 3. That except for the crimes enumerated in section one of this Act, every person, male or female, over ten years of age, who shall be adjudged guilty of a felony, or other crime punishable by imprisonment in the penitentiary, or by imprisonment either in the penitentiary or jail, 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 its verdict in such case and the court imposing such

sentence, shall not fix the limit or duration of same, but the term of such imprisonment shall not be less than the minimum term nor shall it exceed the maximum term provided by law, for the crime or offense of which the person is convicted, making allowance for good time as is provided by law: Provided, Clause 1. That every male person between the ages of sixteen and twenty-six years, except in capital cases, may, in the discretion of the court, be sentenced to the reformatory instead of the penitentiary.

Clause 2. That every male person between the ages of twenty-one and twenty-six years who has previously been sentenced to the penitentiary or reformatory in this or any other state, district or country, may, in the discretion of the court, be sentenced to the penitentiary instead of the 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, intead 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 anæsthetic upon his person or in his possession shall be sentenced to the penitentiary and not to the reformatory or other State institution.

Commitment to Reformatory.

§ 4. That every male person between the ages of sixteen and twenty-one years, who shall be adjudged guilty of an of

fense punishable by imprisonment in the county jail or by a fine, or in the county jail with or without a fine, may, in the discretion of the court, be committed to the reformatory for the jail imprisonment only, instead of the county jail, for not less than the minimum nor greater than the maximum term provided by law for the offense of which such person is convicted, and that every female person between the ages of ten and eighteen years, who shall be adjudged guilty of an offense punishable by imprisonment in the county jail or by a fine, or in the county jail with or without a fine, may, in the discretion of the court, for the jail imprisonment only, be committed for a term not less than the minimum nor greater than the maximum term provided by law for the offense of which such person is convicted to such other State institution as is provided by law or may hereafter be provided by law for the incarceration, punishment, discipline, training or reformation of such class of persons.

Duty of Department of Public Welfare.

§ 5. It shall be the duty of the Department of Public Welfare to adopt such rules concerning all prisoners and wards committed to the custody of said Department, as shall prevent them from returning to criminal courses, best secure their selfsupport and accomplish their reformation.

Whenever any person shall be received into any penitentiary, reformatory or other institution for the incarceration, punishment, discipline, training or reformation of prisoners or wards of the State, the said Department of Public Welfare shall cause to be entered in a register the date of such admission, the name, nativity, nationality, with such other facts as can be ascertained of parentage, education, occupation and early social influences as seem to indicate the constitutional and acquired defects and tendencies of the prisoner or ward, and based upon these, an estimate of the present condition of the prisoner or ward and the best possible plan of treatment. The said Department shall carefully examine each prisoner or ward when received and shall enter in a register kept by it the name, nationality or race, the weight, stature and family history of each prisoner or ward, also a statement of the condition of the heart, lungs and other principal organs, the rate of the pulse and respiration, the measurement of the chest and abdomen, and any existing disease or deformity, or other disability, acquired or inherited; upon the register shall be entered from time to time minutes of observed improvement or deterioration of character and notes as to the method and

treatment employed; also, all alterations affecting the standing or situation of such prisoner or ward, and any subsequent facts or personal history which may be brought officially to the knowledge of the Department bearing upon the question of parole or final release of the prisoner or ward. And it is hereby made the duty of every public officer to whom inquiry may be addressed by the Department of Public Welfare concerning any prisoner, to give said department all information possessed or accessible to him which may throw light upon the question of the fitness of said prisoner or ward to receive the benefits of parole or to be again placed at liberty.

Official Statement of Facts.

§ 6. In all cases, whether the sentence be definite or intermediate, it shall be the duty of the judge by or before whom any prisoner or ward is convicted or committed, and also the State's attorney of the county in which he or she was convicted or committed to file an official statement with the clerk of the court to be transmitted to and to thereby furnish the Department of Public Welfare an official statement of the facts and circumstances constituting the crime or offense whereof the prisoner or ward was convicted or committed, together with all other information accessible to them in regard to the career of the prisoner or ward prior to the time of the commitment for the crime or offense of which he or she was convicted or committed relative to his or her habits, associates, disposition and reputation and any other facts and circumstances which may tend to throw light upon the question as to whether such prisoner or ward is capable again of becoming a law-abiding citizen. It shall be the duty of the official court reporter, at the dictation of the judge of the said court or the State's attorney of said county, to write the official statements of the judge and State's attorney above referred to at the time of the conviction or commitment of the prisoner or ward. It shall be the duty of the clerk of said court to prepare a statement, giving the name and residence of the trial judge and also the names of the jurors and witnesses sworn at the trial and to attach such statement of his, together with the official statement of the trial judge and State's attorney with a copy of the indictment, information or petition, as the case may be, to a copy of the judgment, order or record of conviction, to be certified as a mittimus and deliver same, so attached, to the sheriff of the county for transmission to such institution, reformatory or penitentiary, as the case may be, at the time of the delivery of the prisoner or ward to the officers of such insti

tution, reformatory or penitentiary; and it shall be the duty of the officers of the Department of Public Welfare in charge of such institution, reformatory or penitentiary to report to the proper officer of the Department of Public Welfare the receipt of such prisoner or ward with such other official information as such department may require, within five days after the receipt of such prisoner or ward.

Parole, etc. (1919).

§ 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 or wards committed thereto, may be allowed to go upon parole outside of the penitentiary, reformatoy or such ther 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