Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/mpc/p250.asc

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(3) kills or injures any animal belonging to another without
legal privilege or consent of the owner.

Subsections (1) and (2) shall not be deemed applicable to
accepted veterinary practices and activities carried on for
scientific research.

250.12. Violation of Privacy

    (1) Unlawful Eavesdropping or Surveillance. A person commits
a misdemeanor if, except as authorized by law, he:

    (a) trespasses on property with purpose to subject anyone to
eavesdropping or other surveillance in a private place; or

    (b) installs in any private place, without the consent of
the person or persons entitled to privacy there, any device for
observing, photographing, recording, amplifying or broadcasting
sounds or events in such place, or uses any such unauthorized
installation; or

    (c) installs or uses outside a private place any device for
hearing, recording, amplifying or broadcasting sounds originating
in such place which would not ordinarily be audible or
comprehensible outside, without the consent of the person or
persons entitled to privacy there.

"Private place" means a place where one may reasonably expect to
be safe from casual or hostile intrusion or surveillance, but
does not include a place to which the public or a substantial
group thereof has access.

    (2) Other Breach of Privacy of Messages.  A person commits a
misdemeanor if, except as authorized by law, he:

    (a) intercepts without the consent of the sender or receiver
a message by telephone, telegraph, letter or other means of
communicating privately; not extend to (i) overhearing of
messages through a regularly installed instrument on a telephone
party line or an extension, or (ii) interception by the telephone
company or subscriber incident to enforcement of regulations
limiting use of the facilities or incident to other normal
operation and use; or

    (b) divulges without the consent of the sender or receiver
the existence or contents of any such message if the actor knows
that the message was illegally intercepted, or if he learned of
the message in the course of employment with an agency engaged in
transmitting it.

ARTICLE 251
PUBLIC INDECENCY


251.1. Open Lewdness

    A person commits a petty misdemeanor if he does any lewd act
which he knows is likely to be observed by others who would be
affronted or alarmed.

251.2. Prostitution and Related Offenses

    (1) Prostitution. A person is guilty of prostitution, a
petty misdemeanor, if he or she:

    (a) is an inmate of a house of prostitution or otherwise
engages in sexual activity as a business; or

    (b) loiters in or within view of any public place for the
purpose of being hired to engage in sexual activity.

    "Sexual activity" includes homosexual and other deviate
sexual relations. A "house of prostitution" is any place where
prostitution or promotion of prostitution is regularly carried on
by one person under the control, management or supervision of
another. An "inmate" is a person who engages in prostitution in
or through the agency of a house of prostitution. "Public place"
means any place to which the public or any substantial group
thereof has access.

    (2) Promoting Prostitution. A person who knowingly promotes
prostitution of another commits a misdemeanor or felony as
provided in Subsection (3). The following acts shall, without
limitation of the foregoing, constitute promoting prostitution:

    (a) owning, controlling, managing, supervising or otherwise
keeping, alone or in association with others, a house of
prostitution or a prostitution business; or

    (b) procuring an inmate for a house of prostitution or a
place in a house of prostitution for one who would be an inmate;
or

    (c) encouraging, inducing, or otherwise purposely causing
another to become or remain a prostitute; or

    (d) soliciting a person to patronize a prostitute; or

    (e) procuring a prostitute for a patron; or

    (f) transporting a person into or within this state with
purpose to promote that person's engaging in prostitution, or
procuring or paying for transportation with that purpose; or

    (g) leasing or otherwise permitting a place controlled by
the actor, alone or in association with others, to be regularly
used for prostitution or the promotion of prostitution, or
failure to make reasonable effort to abate such use by ejecting
the tenant, notifying law enforcement authorities, or other
legally available means; or

    (h) soliciting, receiving, or agreeing to receive any
benefit for doing or agreeing to do anything forbidden by this
Subsection.

    (3) Grading of Offenses Under Subsection (2). An offense
under Subsection (2) constitutes a felony of the third degree if:

    (a) the offense falls within paragraph (a), (b) or (c) of
Subsection (2); or

    (b) the actor compels another to engage in or promote
prostitution; or

    (c) the actor promotes prostitution of a child under 16,
whether or not he is aware of the child's age; or

    (d) the actor promotes prostitution of his wife, child, ward
or any person for whose care, protection or support he is
responsible.

Otherwise the offense is a misdemeanor.

    (4) Presumption from Living off Prostitutes. A person, other
than the prostitute or the prostitute's minor child or other
legal dependent incapable of self-support, who is supported in
whole or substantial part by the proceeds of prostitution is
presumed to be knowingly promoting prostitution in violation of
Subsection (2).

    (5) Patronizing Prostitutes. A person commits a violation if
he hires a prostitute to engage in sexual activity with him, or
if he enters or remains in a house of prostitution for the
purpose of engaging in sexual activity.

    (6) Evidence. On the issue whether a place is a house of
prostitution the following shall be admissible evidence: its
general repute; the repute of the persons who reside in or
frequent the place; the frequency, timing and duration of visits
by non-residents. Testimony of a person against his spouse shall
be admissible to prove offenses under this Section.

251.3. Loitering to Solicit Deviate Sexual Relations

    A person is guilty of a petty misdemeanor if he loiters in
or near any public place for the purpose of soliciting or being
solicited to engage in deviate sexual relations.



251.4. Obscenity

    (1) Obscene Defined. Material is obscene if, considered as a
whole, its predominant appeal is to prurient interest, that is, a
shameful or morbid interest, in nudity, sex or excretion, and if
in addition it goes substantially beyond customary limits of
candor in describing or representing such matters. Predominant
appeal shall be judged with reference to ordinary adults unless
it appears from the character of the material or the
circumstances of its dissemination to be designed for children or
other specially susceptible audience. Undeveloped photographs,
molds, printing plates, and the like, shall be deemed obscene
notwithstanding that processing or other acts may be required to
make the obscenity patent or to disseminate it.

    (2) Offenses. Subject to the affirmative defense provided in
Subsection (3), a person commits a misdemeanor if he knowingly or
recklessly:

    (a) sells, delivers or provides, or offers or agrees to
sell, deliver or provide, any obscene writing, picture, record or
other representation or embodiment of the obscene; or

    (b) presents or directs an obscene play, dance or
performance, or participates in that portion thereof which makes
it obscene; or

    (c) publishes, exhibits or otherwise makes available any
obscene material; or

    (d) possesses any obscene material for purposes of sale or
other commercial dissemination; or

    (e) sells, advertises or otherwise commercially disseminates
material, whether or not obscene, by representing or suggesting
that it is obscene.

    A person who disseminates or possesses obscene material in
the course of his business is presumed to do so knowingly or
recklessly.

    (3) Justifiable and Non-Commercial Private Dissemination. It
is an affirmative defense to prosecution under this Section that
dissemination was restricted to:

    (a) institutions or persons having scientific, educational,
governmental or other similar justification for possessing
obscene material; or

    (b) non-commercial dissemination to personal associates of
the actor.

    (4) Evidence; Adjudication of Obscenity. In any prosecution
under this Section evidence shall be admissible to show:

    (a) the character of the audience for which the material was
designed or to which it was directed:

    (b) what the predominant appeal of the material would be for
ordinary adults or any special audience to which it was directed,
and what effect, if any, it would probably have on conduct of
such people;

    (c) artistic, literary, scientific, educational or other
merits of the material;

    (d) the degree of public acceptance of the material in the
United States;

    (e) appeal to prurient interest, or absence thereof, in
advertising or other promotion of the material; and

    (f) the good repute of the author, creator, publisher or
other person from whom the material originated.

    Expert testimony and testimony of the author, creator,
publisher or other person from whom the material originated,
relating to factors entering into the determination of the issue
of obscenity, shall be admissible. The Court shall dismiss a
prosecution for obscenity if it is satisfied that the material is
not obscene.

ARTICLE 301

SUSPENSION OF SENTENCE; PROBATION

301.1. Conditions of Suspension or Probation

    (1) When the Court suspends the imposition of sentence on a
person who has been convicted of a crime or sentences him to be
placed on probation, it shall attach such reasonable conditions,
authorized by this Section, as it deems necessary to insure that
he will lead a law-abiding life or likely to assist him to do so.

   (2) The Court, as a condition of its order, may require the
defendant:

    (a) to meet his family responsibilities;

    (b) to devote himself to a specific employment or
occupation;


    (c) to undergo available medical or psychiatric treatment
and to enter and remain in a specified institution, when required
for that purpose;

    (d) to pursue a prescribed secular course of study or
vocational training;

    (e) to attend or reside in a facility established for the
instruction, recreation or residence of persons on probation;

    (f) to refrain from frequenting unlawful or disreputable
places or consorting with disreputable persons;

    (g) to have in his possession no firearm or other dangerous
weapon unless granted written permission;

    (h) to make restitution of the fruits of his crime or to
make reparation, in an amount he can afford to pay, for the loss
or damage caused thereby;

    (i) to remain within the jurisdiction of the Court and to
notify the Court or the probation officer of any change in his
address or his employment;

    (j) to report as directed to the Court or the probation
officer and to permit the officer to visit his home;

    (k) to post a bond, with or without surety, conditioned on
the performance of any of the foregoing obligations;

    (l) to satisfy any other conditions reasonably related to
the rehabilitation of the defendant and not unduly restrictive of
his liberty or incompatible with his freedom of conscience.

    [(3) When the Court sentences a person who has been
convicted of a felony or misdemeanor to be placed on probation,
it may require him to serve a term of imprisonment not exceeding
thirty days as an additional condition of its order. The term of
imprisonment imposed hereunder shall be treated as part of the
term of probation, and in the event of a sentence of imprisonment
upon the revocation of probation, the term of imprisonment served
hereunder shall not be credited toward service of such subsequent
sentence. ]

    (4) The defendant shall be given a copy of this Article and
written notice of any requirements imposed pursuant to this
Section, stated with sufficient specificity to enable him to
guide himself accordingly.

301.2. Period of Suspension or Probation; Modification of
Conditions; Discharge of Defendant

    (1) When the Court has suspended sentence or has sentenced a
defendant to be placed on probation, the period of the suspension
or probation shall be five years upon conviction of a felony or
two years upon conviction of a misdemeanor or a petty
misdemeanor, unless the defendant is sooner discharged by order
of the Court. The Court, on application of a probation officer or
of the defendant, or on its own motion, may discharge the
defendant at any time. On conviction of a violation, a suspended
sentence constitutes an unconditional discharge.

    (2) During the period of the suspension or probation, the
Court, on application of a probation officer or of the defendant,
or on its own motion, may modify the requirements imposed on the
defendant or add further requirements authorized by Section
301.1. The Court shall eliminate any requirement that imposes an
unreasonable burden on the defendant.

    (3) Upon the termination of the period of suspension or
probation or the earlier discharge of the defendant, the
defendant shall be relieved of any obligations imposed by the
order of the Court and shall have satisfied his sentence for the
crime.

301.3. Summons or Arrest of Defendant Under Suspended Sentence or
on Probation; Commitment Without Bail; Revocation and Re-sentence

    (1) At any time before the discharge of the defendant or the
termination of the period of suspension or probation:

    (a) the Court may summon the defendant to appear before it
or may issue a warrant for his arrest;

    (b) a probation or peace officer, having probable cause to
believe that the defendant has failed to comply with a
requirement imposed as a condition of the order or that he has
committed another crime, may arrest him without a warrant;

    (c) the Court, if there is probable cause to believe that
the defendant has committed another crime or if he has been held
to answer therefor, may commit him without bail, pending a
determination of the charge by the Court having jurisdiction
thereof;

    (d) the Court, if satisfied that the defendant has
inexcusably failed to comply with a substantial requirement
imposed as a condition of the order or if he has been convicted
of another crime, may revoke the suspension or probation and
sentence or re-sentence the defendant, as provided in this
Section.

    (2) When the Court revokes a suspension or probation, it may
impose on the defendant any sentence that might have been imposed
originally for the crime of which he was convicted, except that
the defendant shall not be sentenced to imprisonment unless:

    (a) he has been convicted of another crime; or

    (b) his conduct indicates that his continued liberty
involves undue risk that he will commit another crime; or

    (c) such disposition is essential to vindicate the authority
of the Court.

301.4. Notice and Hearing on Revocation or Modification of
Conditions of Suspension or Probation

    The Court shall not revoke a suspension or probation or
increase the requirements imposed thereby on the defendant except
after a hearing upon written notice to the defendant of the
grounds on which such action is proposed. The defendant shall
have the right to hear and controvert the evidence against him,
to offer evidence in his defense and to be represented by
counsel.

[301.5. Order Removing Disqualification or Disability Based on
Conviction

    (1) When the Court has suspended sentence or has sentenced
the defendant to be placed on probation and the defendant has
fully complied with the requirements imposed as a condition of
such order and has satisfied the sentence, the Court may order
that so long as the defendant is not convicted of another crime,
the judgment shall not constitute a conviction for the purpose of
any disqualification or disability imposed by law upon conviction
of a crime.

    (2) Proof of a conviction as relevant evidence upon the
trial or determination of any issue or for the purpose of
impeaching the defendant as a witness is not a disqualification
or disability within the meaning of this Section.]

301.6. Suspension or Probation Is Final Judgment for Other
Purposes

    A judgment suspending sentence or sentencing a defendant to
be placed on probation shall be deemed tentative, to the extent
provided in this Article, but for all other purposes shall
constitute a final judgment.

ARTICLE 302


302.1. Time and Method of Payment; Disposition of Funds

    (1) When a defendant is sentenced to pay a fine, the Court
may grant permission for the payment to be made within a
specified period of time or in specified installments. If no such
permission is embodied in the sentence, the fine shall be payable
forthwith.

    (2) When a defendant sentenced to pay a fine is also
sentenced to probation, the Court may make the payment of the
fine a condition of probation.

    (3) The defendant shall pay a fine or any installment
thereof to the [insert appropriate agency of the State or local
subdivisions. In the event of default in payment, such agency
shall take appropriate action for its collection.

    (4) Unless otherwise provided by law, all fines collected
shall be paid over to the [State Department of Taxation and
Finance] and shall become part of the general funds of the State
and shall be subject to general appropriation.

302.2. Consequences of Non-Payment; Imprisonment for Contumacious
Non-Payment; Summary Collection

    (1) When a defendant sentenced to pay a fine defaults in the
payment thereof or of any installment, the Court, upon the motion
of [insert appropriate agency of the State or local subdivision]
or upon its own motion, may require him to show cause why his
default should not be treated as contumacious and may issue a
summons or a warrant of arrest for his appearance. Unless the
defendant shows that his default was not attributable to a
willful refusal to obey the order of the Court, or to a failure
on his part to make a good faith effort to obtain the funds
required for the payment, the Court shall find that his default
was contumacious and may order him committed until the fine or a
specified part thereof is paid. The term of imprisonment for such
contumacious non-payment of the fine shall be specified in the
order of commitment and shall not exceed one day for each [five]
dollars of the fine, thirty days if the fine was imposed upon
conviction of a violation or a petty misdemeanor or one year in
any other case, whichever is the shorter period. When a fine is
imposed on a corporation or an unincorporated association, it is
the duty of the person or persons authorized to make
disbursements from the assets of the corporation or association
to pay it from such assets and their failure so to do may be held
contumacious under this Subsection. A person committed for
non-payment of a fine shall be given credit towards its payment
for each day of imprisonment, at the rate specified in the order
of commitment.

    (2) If it appears that the defendant's default in the
payment of a fine is not contumacious, the Court may make an
order allowing the defendant additional time for payment,
reducing the amount thereof or of each installment, or revoking
the fine or the unpaid portion thereof in whole or in part.

    (3) Upon any default in the payment of a fine or any
installment thereof, execution may be levied and such other
measures may be taken for the collection of the fine or the
unpaid balance thereof as are authorized for the collection of an
unpaid civil judgment entered against the defendant in an action
on a debt.  The levy of execution for the collection of a fine
shall not discharge a defendant committed to imprisonment for
non-payment of the fine until the amount of the fine has actually
been collected.

302.3. Revocation of Fine

    A defendant who has been sentenced to pay a fine and who is
not in contumacious default in the payment thereof may at any
time petition the Court which sentenced him for a revocation of
the fine or of any unpaid portion thereof. If it appears to the
satisfaction of the Court that the circumstances which warranted
the imposition of the fine have changed, or that it would
otherwise be unjust to require payment, the Court may revoke the
fine or the unpaid portion thereof in whole or in part.

ARTICLE 303

SHORT-TERM IMPRISONMENT

303.1. State and Local Institutions for Short Term Imprisonment;
Review of Adequacy; Joint Use of Institutions; Approval of Plan
of New Institutions

    (1) Within the appropriation allotted therefor, the several
counties, cities and [other appropriate political subdivisions of
the State] and the Department of Correction may construct, equip
and maintain suitable buildings, structures and facilities for
the operation and for the necessary expansion and diversification
of local short-term institutions, including lockups, jails,
houses of correction, work farms and such other institutions as
may be required for the following purposes:

    (a) the custody, control, correctional treatment and
rehabilitation of persons sentenced or committed to imprisonment
for a fixed term of one year or less;

    (b) the custody, control and temporary detention of persons
committed to the Department of Correction, until they are removed
to the reception center or to another institution in the
Department;

    (c) the detention of persons charged with crime and
committed for hearing or for trial;

    (d) the detention of persons committed to secure their
attendance as witnesses, and for other detentions authorized by
law.

    (2) The Director of Correction shall annually review, on the
basis of visitation, inspection and reports pursuant to Section
401.11, the adequacy of the institutions for short-term
imprisonment in the several counties, cities and [other
appropriate political subdivisions of the State] in the light of
the number of persons committed thereto, the physical facilities
thereof and programs conducted therein. No later than his next
annual report, the Director shall report on any inadequacies of
such facilities, including his recommendations for the alteration
or expansion of existing institutions, for the construction of
new institutions, for the combination of two or more local
institutions of the same or of different political subdivisions
of the State, or for such other measures to meet the situation as
may be appropriate. In making his recommendations, the Director
may indicate whether, in his opinion, the alteration, expansion
or new construction can best be undertaken by the political
subdivisions concerned, or by the Department of Correction.

    (3) In reviewing the adequacy of the institutions for short
term imprisonment, the Director of Correction shall consider
whether the facilities available in the several political
subdivisions of the State afford adequate opportunity for the
segregation and classification of prisoners, for the isolation
and treatment of ill prisoners, for the treatment of alcoholic
and drug-addicted prisoners, for diversified security and
custody, and for opportunities for vocational and rehabilitative
training.

    (4) Upon the recommendation or with the approval of the
Director of Correction, counties, cities, and [other appropriate
political subdivisions of the State~ having institutions for
short term imprisonment may establish joint institutions, or
combine two or more existing facilities for short-term
imprisonment, and may make such agreements for the sharing of the
costs of construction and maintenance as may be authorized by
law.

    (5) No county, city, or [other appropriate political
subdivision of the State] shall construct or establish an
institution for short-term imprisonment, unless the plans for the
establishment and construction of such institution are approved
by the Director of Correction.

303.2. Records of Prisoners; Classification; Transfer

    (1) The Warden, or other administrative head of an
institution for short-term imprisonment, shall establish and
maintain, in accordance with the regulations of the Department of
Correction, a central file in the institution containing an
individual file for each prisoner. Each prisoner's file shall as
far as practicable include: (a) his admission summary; (b) his
pre-sentence investigation report, if any; (c) the official
records of his conviction and commitment, as well as earlier
criminal records, if any; (d) progress reports from treatment and
custodial staff; (e) reports of his disciplinary infractions and
of their disposition; and (f) other pertinent data concerning his
background, conduct, associations and family relationships. The
content of the prisoners' files shall be confidential and shall
not be subject to public inspection except by court order for
good cause shown and shall not be accessible to prisoners in the
institution.

    (2) The [governing body of each] county, city [or other
appropriate political subdivision of the State] having one or
more institutions for short-term imprisonment shall appoint a
Classification Committee consisting of [ ] members of the
institutional staffs and of qualified citizens of the county,
city or [other appropriate political subdivision]. If a physician
has been appointed to serve the institutions, he shall be an ex
officio member of the Committee. All Committee members shall
serve without compensation but shall be paid their necessary
expenses.

    (3) As soon as practicable after a prisoner who has been
sentenced to a definite term of thirty days or more is received
in the institution, and no later than the expiration of the first
third of his term, the Classification Committee shall study his
file and interview him, and shall [determine] [aid the Warden or
other administrative head of the institution in determining] the
prisoner's program of treatment, training, employment, care and
custody. The Classification Committee may also recommend the
transfer of the prisoner to another institution which in its
opinion is more suitable for him.

    (4) The Warden or other administrative head of the
institution may, on his own motion or upon the recommendation of
the Classification Committee, apply to the Court for an order to
transfer the prisoner to another institution for short-term
imprisonment, within or outside of the county, city [or other
appropriate political subdivision of the State].

303.3. Segregation of Prisoners; Segregation and Transfer of
Prisoners With Physical or Mental Diseases or Defects

    (1) In institutions for short-term imprisonment the
following groups shall be segregated from each other:

    (a) female prisoners from male prisoners; and

    (b) prisoners under the age of twenty-two from older
prisoners; and

    (c) persons detained for hearing or trial from prisoners
under sentence of imprisonment or committed for contumacious
default in the payment!of fines; and

    (d) persons detained for hearing or trial or under sentence
from material witnesses and other persons detained under civil
commitment.

    (2) When an institutional physician finds that a prisoner
suffers from a physical disease or defect, or when an
institutional physician or psychologist finds that a prisoner
suffers from a mental disease or defect, the Warden or other
administrative head may order such prisoner to be segregated from
other prisoners, and if the physician or psychologist, as the
case may be, is of the opinion that he cannot be given proper
treatment at that institution, the Warden or other administrative
head may transfer him to another institution in the county, city
or [other appropriate political subdivision of the State] where
proper treatment is available, or to a hospital, if any, operated
by the county, city or [other appropriate political subdivision
of the State] if such hospital has adequate facilities, including
detention facilities when necessary, to receive and treat the
prisoner. If proper treatment or facilities are not available in
an institution or a hospital operated by the county, city, or
[other appropriate political subdivision of the State] the Warden
or other administrative head may transfer him to an institution
or hospital operated by another county, city or [other
appropriate political subdivision of the State], where such
treatment and facilities are available, if such hospital or
institution is ready to receive him, under such arrangements for
reimbursement of costs as may be authorized by law. The Warden or
other administrative head may request the Director of Correction
to permit such prisoner to be transferred for examination, study
and treatment to the medical-correctional facility, if any, or to
another institution in the Department where proper treatment is
available. The Director of Correction shall permit such transfer
whenever such institutions in the Department have available room
to receive the prisoner.

    (3) When an institutional physician finds upon examination
that a prisoner suffers from a physical disease or defect that
cannot, in his opinion, be properly treated in any institution or
hospital of the county, city or [other appropriate political
subdivision of the State] or of another county, city or [other
appropriate subdivision of the State], or in the Department of
Correction, such prisoner, upon the direction of the Warden or
other administrative head [and with the approval of the Director
of Correction], may receive treatment in, or may be transferred
to, for the purpose of receiving treatment in, any other
available hospital. The Warden or other administrative head, in
accordance with regulations of the Department of Correction,
shall make appropriate arrangements with other public or private
agencies for the transportation to, and for the care, custody and
security of the prisoner in such hospital. While receiving
treatment in such hospital, the prisoner shall remain subject to
the jurisdiction and custody of the institution to which he was
committed, and shall be returned thereto when, prior to the
expiration of his sentence, such hospital treatment is no longer
necessary.

    (4) When two psychiatrists approved by the Department of
Mental Hygiene [or other appropriate department] find upon
examination that a prisoner suffers from a mental disease or
defect that cannot, in their opinion, be properly treated in any
institution in the Department of Correction, such prisoner, upon
the direction of the Warden or other administrative head [and
with the approval of the Director of Correction], may be
transferred for treatment, with the approval of the Department of
Mental Hygiene [or other appropriate department], to a
psychiatric facility in such department. The Warden or other
administrative head, in accordance with the regulations of the
Department of Correction, shall make appropriate arrangements
with the Department of Mental Hygiene [or other appropriate
department] for the transportation to, and for the custody and
security of the prisoner in such psychiatric facility. A prisoner
receiving treatment in such a psychiatric facility shall remain
subject to the jurisdiction and custody of the institution to
which he was committed, and shall be returned thereto when, prior
to the expiration of his sentence, treatment in such facility is
no longer necessary. A prisoner receiving treatment in a
psychiatric facility in the Department of Mental Hygiene [or
other appropriate department] who continues in need of treatment
at the time of his release or discharge shall be dealt with in
accordance with Subsection (5) of this Section.

    (5) When two psychiatrists approved by the Department of
Mental Hygiene [or other appropriate department] find upon
examination that a prisoner about to be discharged from an
institution suffers from a mental disease or defect of such a
nature that his release or discharge will endanger the public
safety or the safety of the prisoner, the Warden or other
administrative head, with the approval of the Director of
Correction, shall transfer him to, or if he has already been
transferred, permit him to remain in, the Department of Mental
Hygiene [or other appropriate department] to be dealt with in
accordance with law applicable to the civil commitment and
detention of persons suffering from such disease or defect.

303.4. Medical Care; Food and Clothing

    (1) Upon admission to a facility for short-term
imprisonment, each prisoner shall [whenever practicable] be given
a physical examination, and if he is suspected of having a
communicable disease, he shall be quarantined until he is known
to be free from such disease. Each prisoner shall receive such
medical and dental care as may be necessary during his period of
commitment [, but at his request, he may be permitted to provide
such care for himself at his own expense].

    (2) Each prisoner shall be adequately fed and clothed in
accordance with regulations of the Department of Correction. No
prisoner shall be required to wear stripes or other degrading
apparel.

303.5. Program of Rehabilitation

    The Warden or other administrative head of an institution
for short-term imprisonment shall establish, subject to
regulation of the Department of Correction, an appropriate
program for his institution, designed as far as practicable to
prepare and assist each prisoner to assume his responsibilities
and to conform to the requirements of law. In developing such a
program, the Warden or other administrative head shall seek to
make available to each prisoner capable of benefiting therefrom
academic or vocational training, participation in productive
work, religious and recreational activities and such therapeutic
measures as are practicable. No prisoner shall be ordered or
compelled, however, to participate in religious activities.

303.6. Discipline and Control

    (1) The Warden or other administrative head of each
correctional institution shall be responsible for the discipline,
control and safe custody of the prisoners therein. No prisoner
shall be punished except upon the order of the Warden or other
administrative head of the institution or of a deputy designated
by him for the purpose; nor shall any punishment be imposed
otherwise than in accordance with the provisions of this Section.
The right to punish or to inflict punishment shall not be
delegated to any prisoner or group of prisoners and no Warden or
other administrative head shall permit any such prisoner or group
of prisoners to assume authority over any other prisoner or group
of prisoners.

    (2) Except in flagrant or serious cases, punishment for a
breach of discipline shall consist of deprivation of privileges.
In case of assault, escape, or attempt to escape, or other
serious or flagrant breach of discipline, the Warden or other
administrative head may order that a prisoner's reduction of term
for good behavior in accordance with Section 303.8 be forfeited.
For serious or flagrant breach of discipline, the Warden or other
administrative head may confine the prisoner, in accordance with
the regulations of the Department of Correction, to a
disciplinary cell for a period not to exceed [ten] days, and may
order that the prisoner, during all or part of the period of such
solitary confinement, be put on a monotonous but adequate and
healthful diet. A prisoner in solitary confinement shall be
visited by a physician at least once every twenty-four hours.

    (3) No cruel, inhuman, or corporal punishment shall be used
on any prisoner, nor is the use of force on any prisoner
justifiable except as provided by Article 3 of the Code and the
rules and regulations of the Department of Correction consistent
therewith.

    (4) The Warden or other administrative head of an
institution shall maintain a record of breaches of rules, of the
disposition of each case, and of the punishment, if any, for each
such breach. Each breach of the rules by a prisoner shall be
entered in his file, together with the disposition or punishment
therefor.

303.7. Employment and Labor of Prisoners

    (1) To establish good habits of work and responsibility, for
the vocational training of prisoners, and to reduce the cost of
institutional operation, prisoners shall be employed so far as
possible in constructive and diversified activities in the
production of goods, services and foodstuffs to maintain the
institution and its inmates, for the use of the county, city or
[other appropriate political subdivision of the State], State
[and for other purposes expressly authorized by law]. To
accomplish these purposes, the Warden or other administrative
head, with the approval of the Director of Correction, shall
establish and maintain work programs, including, to the extent
practicable, prison industries and prison farms in his
institution, and may enter into arrangements with the departments
of the State, or of the county, city or other appropriate
political subdivision of the State], for the employment of
prisoners in the improvement of public works and ways, and in the
improvement and conservation of the natural resources owned by
the State.

    (2) No prisoner shall be required to engage in excessive
labor, and no prisoner shall be required to perform any work for
which he is declared unfit by the institutional physician.

    (3) The Director of Correction shall make rules and
regulations governing the hours and conditions of labor of
prisoners in correctional institutions of the counties, cities or
[other appropriate political subdivision of the State] and the
rates of prisoners' compensation for employment. In determining
the rates of compensation, such regulations may take into
consideration the quantity and quality of the work performed by a
prisoner, whether or not such work was performed during regular
working hours, the skill required for its performance, as well as
the economic value of similar work outside of correctional
institutions. Prisoners' wage payments shall be set aside by the
Warden or other administrative head in a separate fund. The
regulations may provide for the making of deductions from
prisoners' wages to defray part or all of the cost of prisoner
maintenance, but a sufficient amount shall remain after such
deduction to enable the prisoner to contribute to the support of
his dependents, if any, to make necessary purchases from the
commissary, and to set aside sums to be paid to him at the time
of his release from the institution.

    (4) The labor or time of a prisoner shall not be sold,
contracted or hired out, but prisoners may work for other
departments of the State or of the county, city or [other
appropriate political subdivision of the State] in accordance
with arrangements made pursuant to Subsection (1) of this
Section.

    (5) All departments and agencies of the county, city or
[other appropriate political subdivision of the State] and
institutions and agencies which are supported in whole or in part
by such political subdivision, shall purchase [or draw] from the
correctional institution all articles and products required by
them which are produced or manufactured by prison labor in such
correctional institutions, unless excepted from this requirement
by the [appropriate authority] of the county, city or [other
appropriate political subdivision of the State] in accordance
with rules and regulations of such [appropriate authority] to
carry out the purposes of this Subsection. Any surplus articles
and products not so purchased shall be disposed of to the
departments and agencies of the State and of other counties,
cities or other appropriate political subdivisions of the State].
The Governor [or other appropriate authority] may, by rule or
regulation, provide for the manner in which standards and
qualifications for such articles and products shall be set, for
the manner in which the needs of departments, agencies and
institutions of the State and its political subdivisions shall be
estimated in advance, for the manner in which the price for such
articles and products shall be determined, and for the manner in
which purchases shall be made and payment credited.

    (6) Within the appropriation allotted therefor, the Warden
or other administrative head shall make appropriate arrangements
for the compensation of prisoners for damages from injuries
arising out of their employment.

303.8. Reduction of Term for Good Behavior

    For good behavior and faithful performance of duties, the
term of imprisonment of a prisoner sentenced or committed for a
definite term of more than thirty days shall be reduced by [five]
days for each month of such term. Such reductions of terms may be
forfeited, withheld or restored by the Warden or other
administrative head of the institution, in accordance with the
regulations of the Department of Correction.

303.9. Privilege of Leaving Institution for Work and Other
Purposes; Conditions; Application of Earnings

    (1) When a defendant is sentenced or committed for a fixed
term of one year or less, the Court may in its order grant him
the privilege of leaving the institution during necessary and
reasonable hours for any of the following purposes:

    (a) to work at his employment;

    (b) to seek employment;

    (c) to conduct his own business or to engage in other
self-employment, including, in the case of a woman, housekeeping
and attending to the needs of her family;

    (d) to attend an educational institution;

    (e) to obtain medical treatment;

    (f) to devote time to any other purpose approved by the
Court.

    (2) Whenever a prisoner who has been granted the privilege
of leaving the institution under this Section is not engaged in
the activity for which such leave is granted, he shall be
confined in the institution.

    (3) A prisoner sentenced to ordinary.confinement may
petition the Court at any time after sentence for the privilege
of leaving the institution under this Section and may renew his
petition in the discretion of the Court. The Court may withdraw
the privilege at any time by order entered with or without
notice.

    (4) If the prisoner has been granted permission to leave the
institution to seek or take employment, the Court's probation
department shall assist him in obtaining suitable employment.
Employment shall not be deemed suitable if the wages or working
conditions or other circumstances present a danger of
exploitation or of interference in a labor dispute in the
establishment in which the prisoner would be employed.

    (5) If a prisoner is employed for wages or salary, the
[probation service] [Warden or other administrative head] shall
collect the same, or shall require the prisoner to turn over his
wages or salary in full when received, and shall deposit the same
in a trust account and shall keep a ledger showing the status of
the account of each prisoner. Earnings levied upon pursuant to
writ of attachment or execution or in other lawful manner shall
not be collected hereunder, but when the [probation service]
[Warden or other administrative head] has requested transmittal
of earnings prior to levy, such request shall have priority. When
an employer transmits such earnings to the [probation service]
[Warden or other administrative head] pursuant to this
Subdivision he shall have no liability to the prisoner for such
earnings. From such earnings the probation service shall pay the
prisoner's board and personal expenses both inside and outside
the institution, shall deduct so much of the costs of
administration of this Section as is allocable to such prisoner,
and shall deduct installments on fines, if any, and, to the
extent directed by the Court, shall pay the support of the
prisoner's dependents. If sufficient funds are available after
making the foregoing payments, the [probation service] [Warden or
other administrative head] may, with the consent of the prisoner,
pay, in whole or in part, any unpaid debts of the prisoner. Any
balance shall be retained, and shall be paid to the prisoner at
the time of his discharge.

    (6) A prisoner who is serving his sentence pursuant to this
Section shall be eligible for a reduction of his term for good
behavior and faithful performance of duties in accordance with
Section 303.8 in the same manner as if he had served his term in
ordinary confinement.

    (7) The Warden or other administrative head may deny the
prisoner the exercise of his privilege to leave the institution
for a period not to exceed five days for any breach of discipline
or other violation of regulations.

    (8) The Court shall not make an order granting the privilege
of leaving the institution under this Section unless it is
satisfied [the Warden or other administrative head has certified]
that there are adequate facilities for the administration of such
privilege in the institution in which the defendant will be
confined.

303.10. Release from Institutions

    When a prisoner sentenced or committed for a definite term
of one year or less is discharged from an institution, he shall
be returned any personal possessions taken from him upon his
commitment, and the Warden or other administrative head shall
furnish him with a transportation ticket, or with the cost of
transportation, to the place where he was sentenced, or to any
other place not more distant.

ARTICLE 304

LONG-TERM IMPRISONMENT

304.1. Reception Center; Reception Classification Boards;
Reception Classification and Reclassification; Transfer of
Prisoners

    (1) The Director of Correction shall, when practicable,
establish, equip, and maintain one or more centers for the
reception and classification of young adult offenders as defined
in Section 6.05, and one or more such centers for other persons
committed to the Department of Correction. When practicable, a
reception center shall be a separate institution, but until it is
established as such, it may be located in, or be contiguous to,
another institution and may share its facilities. When a
reception center shares the facilities of another institution,
however, the administration and personnel of the center shall be
independent of such other institution, and prisoners in such
center shall be segregated from prisoners in the institution
whose facilities it shares.

    (2) The Director of Correction shall appoint a Reception
Classification Board for each reception center, which shall
include a representative of the Director of Correction, a
physician, a psychiatrist or clinical psychologist, a
representative of the treatment services, a representative of the
custodial services, and such other persons as the Director may
designate. Members of a Reception Classification Board shall
serve at the pleasure of the Director of Correction.

    (3) Reception Classification Boards shall examine and study
all persons committed to the Department of Correction and may
retain any prisoner in the reception center only for such period
as may be required to complete such examination and study and to
effect his transfer to another institution. The Board shall
investigate each prisoner's medical, psychological, social,
educational and vocational condition and history, and the
motivation of his offense.

    Upon the conclusion of its study of a prisoner, a Reception
Classification Board shall submit its report, including its
recommendations and the reasons therefor, to the Director of
Correction. The Board's recommendation shall include [the
classification of the prisoner according to such system of
prisoner classification as the Director of Correction may
establish by regulation,] the institution or unit to which the
prisoner's transfer is recommended, the degree and kind of
custodial control recommended for the protection of society, and
the program of treatment for the rehabilitation of the prisoner,
including in such program such recommendations for medical and
psychological treatment and educational and vocational training
as may be appropriate. The Board's report may, in addition,
contain the dissenting views, if any, of any of its members.

    (4) Upon receipt of the Reception Classification Board's
report, the Director of Correction shall designate the
institution or unit to which the prisoner shall be transferred.

    (5) A reception center shall forward copies of the report of
its Reception Classification Board to the institution to which
the prisoner is transferred, [and] to the Division of Parole [and
to the clerk of the court which sentenced the prisoner,] to be
made a part of such prisoner's files.

    (6) The Director of Correction may at any time order a
prisoner transferred to a reception center for further
examination and study and for new recommendations concerning his
classification, custodial control and rehabilitative treatment,
or he may order such prisoner's immediate transfer to another
institution without such further examination and study.

304.2. Institutions; Review of Adequacy; Use of Institutions of
Another Jurisdiction

    (1) Within the appropriation allotted therefor, the Director
of Correction shall construct, equip and maintain suitable
buildings, structures, and facilities for the operation, and for
the necessary expansion and diversification, of the state
correctional system, including prisons, reformatories, reception
centers, parole and probation hostels, [state misdemeanant
institutions] and such other institutions as may be required for
the custody, control, correctional treatment and rehabilitation
of persons committed to the Department of Correction.

    (2) The Director of Correction shall annually review the
adequacy of the state correctional system in the light of the
number of persons committed thereto as well as in the light of
the need for diversified facilities. No later than his next
annual report, the Director shall report on any inadequacies of
the state correctional system, including his recommendations for
the alteration or expansion of the existing institutions, for the
construction of new institutions, or for such other measures to
meet the situation as may be appropriate, whenever the system
fails to provide, when practicable, the following institutions:

    (a) one or more maximum security institutions accommodating
in each such institution or in separate units thereof no more
than [ ] prisoners;

    (b) one or more medium security institutions accommodating
in each such institution or in separate units thereof no more
than [ ] prisoners;

    (c) one or more minimum security institutions accommodating
in each such institution or in separate units thereof no more
than [ I prisoners, which institutions may include unfenced
farms, camps, colonies, housing for outside work areas, and
similar facilities, and may, in addition to their regular uses,
be employed also for parole preparation of prisoners and for the
detention of prisoners during temporary suspension of parole, and
for other similar purposes;

    (d) special institutional facilities for the vocational and