TA P, ^-i^r ^ ^ ^-^^ )t4tfirit^-fex^ r] y . - (^vtmW Untnctattg Slihrarjj THE GIFT OF c OTvt Vv^. I ttce. ' - Th e date shows when this volume was taken. To renew this book copy the call No. and give to the librarian. HOME USE RULES .MA.f. :.j.^i. _j£iSilMII[ ...«JJLIJLiUy969Jri». All Books subject to Recall All borrowers must regis- ter in the library to borrow books for home use. Ail books must be re- turned at end of college year for inspection and repairs. Limited books must be re- turned within the four week limit and not renewed. Students must return all books before leaving town. "CTQcers should arrange for the return of books wanted during their absence from town. Volumes of periodicals and of pamphlets are held in the library as much as possible. For special pur- poses they are given out for a limited time. BoTtowers should not use their library privileges for the benefit of other persons. Books of special value and £ift books, when the giver wishes it, are not >wed to circulate. aders are asked to re- ''^'W%»W««ftf?^(3f^;;,books marked or mutilated. "^^ '-■> \-^ Do not deface books by marks and writing. Cornell University Library HV3006.A4 H22 Summaries of state laws relatinq to the olin 3 1924 030 300 044 The original of tiiis bool< is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030300044 SUMMARIES OF STATE LAWS RELATING TO THE FEEBLEMINDED AND THE EPILEPTIC Prepared by i SAMUEL W. HAMILTON, M. D. and RPYHABER, LL;B..A.M. The National Committee for Mental Hygiene. Inc. 50 Union Square, Ne\y York 1917 Publication No. 12 Price: One Dollar SUMMARIES OF STATE LAWS RELATING TO THE FEEBLEMINDED AND THE EPILEPTIC SUMMARIES OF STATE LAWS RELATING TO THE FEEBLEMINDED AND THE EPILEPTIC Prepared by SAMUEL W. HAMILTON, M. D. and ROYHABER, LL.B.,A.M. The National Committee for Mental Hygiene, Inc. 50 Union Square, New York 1917 \ ^. A.o^ziS'o Copyrighted 1918 Persons may quote from these summarfes freely, provided appropriate credit be given. The National Committee For Mental Hygiene 50 UNION SQUARE, NEW YORK CITY Founded 1909 Incorporated 1916 President DR. LEWELLYS F. BARKER , Vice-Presidents CHARLES W. ELIOT DR. WALTER B. JAMES DR. WILLIAM H, WELCH Treasurer OTTO T. BANNARD DR. WILLIAM L. RUSSELL, Chairman, Executive Committee RUSSELL H. CHITTENDEN, Chairman, Finance Committee DR. WALTER E. FERNALD, Chairman, Committee on Mental Deficiency DR. CHARLES L. DANA, Chairman, War Work Committee Executive Officers DR. THOMAS W. SALMON, Medical Director DR. FRANKWOOD E. WILLIAMS, Associate Medical Director CLIFFORD W. BEERS, Secretary MEMBERS Mhs. Milo M. Ackbh, Hornell, N. Y. Jane Addams, Chicago Edwin A. Aldehman, Charlottesville, Va. Mrs. a. a. Andbeson, Greenwich, Conn. Dr. Pearce Bailey, New York Dr. Chas. p. Bancroft, Concord, N. H. Otto T. Bannard, New York Dr. Lbwbllys F. Barker, Baltimore Dr. Albert M. Barrett, Ann Arbor, Mich. Dr. Frank Billings, Chicago Surg. Gen. Rupert Blue, Washington Dr. George Blumer, New Haven Dr. G. Alder Blumer, Providence William H. Burnham, Worcester Dr. C. Macfie Campbell, Baltimore Russell H. Chittenden, New Haven Dr. L. Pierce Clark, New York Dr. William B. Coley, New York Dr. Owen Copp, Philadelphia Dr. Charles L. Dana, ^few York C. B. Davenport, Cold Spring Harbor, N. Y. Stephen P. Duncan, New York Charles W. Eliot, Cambridge Dr. Chas. P. Emerson, Indianapolis Elizabeth E. Farrell, New York W. H. P. Faunce, Providence Katherine S. Felton, San Francisco Dr. Walter E. Fernald, Boston John H. Finlbt, Albany Irving Fisher, New H4ven Matthew C. Fleming, New York Homer Folks, New York Dr. Charles H. Fhazier, Philadelphia James Cardinal Gibbons, Baltimore Arthur T. Hadley, New Haven Dr. William Healey, Boston Dr. Arthur P. Herring, Baltimore Henry L. Higginson, Boston Dr. August Hoch, Montecito, Cal. Wm, J. HoGGSON, Greenwich, Conn. Dr. Walter B. James, New York Mrs. William James, Cambridge Harry Pratt Judson,' Chicago Dr. Charles G. Kerley, New York Dr. George H. Kirby, New York Franklin B. Kirkbride,^ New York Dr. George M. Kline, Boston John Kohen, Boston Julia C. Lathrop, Washington Adolph Lewisohn, New York Samuel McCune Lindsay, New York Dr. Charles S. Little, Thiells, N. Y. George P. McLean, Simsbury, Conn. v. EvERiT Macy, Scarborough, N. Y. Marcus M. Marks, New York Mrs. William S. Monroe, Chicago Dr. J. Montgomery Mosher, Albany Dr. Frank P. Norbury, Jacksonville, III. Cyrus Northrop, Minneapolis Wm. Church Osborn, New York Dr. Stewart Paton, Princeton Dr. Frederick Peterson, New York Henry Phipps, New York GiFFORD PiNCHOT, Washington Florence M. Rhett, New York Dr. Robert L. Richards, Talmage, Cal. Mrs. Charles C. Rumsey, New York Dr. Wm. L. Russell, White Plains, N. Y. Jacob Gould Schurman, Ithaca Dr. Elmer E. Southard, Boston Dr. M.. Allen Starr, New York Dr. Henry R. Stedman, Brookline, Mass. Anson Phelps Stokes, New Haven Dr. Chas. F. Stokes, New York Dr. Frederick Tilney, New York Victor Morris Tyler, New Haven Mrs. Wm. K, Vanderbilt, New York Henry van Dyke, Princeton Dr. Henry P. Walcott, Cambridge Lillian D. Wald, New York Dr. William H. Welch, Baltimore Benjamin Ide Wheeler, Berkeley, Cal. Dr. Wm. A. White, Washington Dr. Henry Smith Williams, New York Robert A. Woods, Boston Robert M. Yehkes, Minneapolis CHIEF PURPOSES: To work far the conservation of mental health; to promote the study of mental disorders and mental defects in all their forms and relations; to obtain and disseminate reliable data concerning them; to help raise the standards of care and treatment; to help co-ordinate existing agencies, Federal, State and local, and to organize in every State an affiliated Society for Mental Hygiene. Inquiries regarding the work of the Committee, including its quarterly magazine " Mental Hygiene," and requests for publications issued or distributed by the organization should be addressed to The National Committee for Mental Hygiene, 60 Union Square, New York City. CONTENTS PAGE Officers, Members, and Chief Purposes of the National Committee for Mental Hygiene Introduction vii-x Alabama 1 Alaska 6 Arizona 8 Arkansas 10 California 15 Colorado 23 Connecticut 28 Delaware 32 District of Columbia 35 Florida 38 Georgia 41 Idaho 45 Illinois 48 Indiana 53 Iowa 60 Kansas 66 Kentucky : 73 Louisiana 76 Maine 77 Maryland 82 Massachusetts 85 Michigan 94 Minnesota 105 Mississippi Ill Missouri 115 Montana 120 Nebraska 124 Nevada 128 New Hampshire 131 New Jersey 136 New Mexico 143 New York 144 North Carolina 150 North Dakota 157 Ohio 162 Oklahoma 171 Oregon 176 Pennsylvania 181 Rhode Island 186 South Carohna '. 190 South Dakota 195 Tennessee 199 ' Texas 203 Utah 207 Vermont 211 Virginia 215 Washington 223 West Virginia 227 Wisconsin 231 Wyoming 237 V INTRODUCTION The National Committee for Mental Hygieije is pledged among other things "to work for the conservation of mental health and to help raise the standard of care for those suffering from nervous dis- orders, mental disease and mental deficiency." As a contribution towards these purposes, it presents this volume, summarizing the laws relating to the cornmitment and care of the feebleminded and epileptic in the United States. Mental disorders have always been made the subject of public supervision and the legislation relating to them is a good criterion of the development and progress of the various states in the care given the mentally defective. The states with the most highly developed systems and the best and most complete laws for the care and treatment of defectives are the states that have caused time to be devoted to investigations upon the causes of the defects and the best methods of caring for the sufferers. The states with no, or insufficient legislation relating to the feebleminded and epi- leptic have failed to take cognizance of the nature of the diseases' and have not taken the proper and. most modern, steps in institu- tional care. A number of the institutions for the feebleminded are intended only for those "who maybe benefited by. instruction," and provi- sion is made for the i:emoval of all patients when they may no longer receive benefit from .training. Other institutions deny admission to epileptics. Many states realize that nearly . all , forms . of mental deficiency are incurable, and have provided for perpetual institu- tional care and segregation. In the framing of the laws relating to the feebleminded and epi- leptic, there has been a tendency to Qopy general features from the laws relating to the insane, and from the laws of other states. In most cases the result has been that a system of 'vyholly inadequate laws has resulted from this hasty and unsystem.atic law making. With the exception of the laws of a few of the leading states, which have highly developed systems for the care and treatment of the feebleminded and epileptic, the laws present a chaotic mass, which it has been exceedingly difficult to survey and reduce to comparable dimensions. In many states, where no provision has been made for the care of the feebleminded and epileptic, it has been difficult to determine if such persons are subject to the laws relating vii to the insane, or if the law refuses to recognize them as a class. In cases where the various definitions of "lunacy," "insanity," "insane persons," "idiots," "feebleminded," "epileptic," "non compos mentis" and "distracted persons" warranted, the provisions, together with an explanation, have been inserted. Where the defini- tions were found to be insufficient, the provisions have been omitted. The summaries cover the existing laws in each state, including the District of Columbia and the Territory of Alaska. The sum- maries are based upon a first-hand examination of the latest codes and statutes of the respective states, including the amendments enacted by the 1917 sessions of the legislatures. The original text has been followed as closely as possible, but a great mass of mere verbiage has been eliminated. The provisions concerning forms of records and accounts, interrogatories and many other provisions, that in most instances are left to the discretion of the boards of managers, have been omitted as lacking in general interest and making for unnecessary length. The unequal emphasis placed by the codes upon the obviously important and obviously unimportant is necessarily reflected in the summaries; and, from the point of view of some persons, things may have been omitted which they regard as significant. This was unavoidable as the views of individuals in this respect differ. It is believed, however, that the essentials of the laws have been faith- fully stated. Of course in many instances the laws of certain states contain enactments of which counterparts are not found in others. This accounts for the blanks under some headings. In other instances, apparent omissions mean that the matters in question have not been made the object of general legislation, but are left to the regu- lation of the boards of trustees of the hospitals or other officials. The numbers in the margin make it possible at once to refer to the original code or statute from which the section in question was taken. For the greater part the different paragraphs have been furnished with sub-heads. The general headings and the sub-heads make it clear what they deal with, so that the reader will have little difficulty in orienting himself. In order to present the summaries in a convenient form for comparisons between states in regard to the most important pro- visions of the laws, it was necessary to adopt a uniform scheme. Therefore the extracts of the laws of the different states are given under specified headings regardless of the fact that the codes and statutes follow their own order of presentation. IX The matter contained in the summaries has been gathered under the following general heads : 1. Administration and supervision. a. General. b. Institutional. 2. Care. a. In special state institutions. b. In general state institutions. c. In local institutions. 3. Commitment. a. Persons committed. b. Legal procedure in commitment. c. Voluntary admission. d. Appeal from commitment. e. Cost of commitment. 4. Conveying patients to the institution. 5. Transfer of patients. 6. Parole and discharge of patients. 7. Cost of maintenance. 8. Guardianship and supervision. a. Personal. b. Community. 9. Special education. 10. Marriage. 11. Sterilization. 12. Defective delinquents. 13. Criminal responsibility. By setting forth systematically what the laws of the different states prescribe in regard to the feebleminded and the epileptic and the various provisions made for them, a comparative study of legislation is made possible, which should prove useful alike to the legislator, to those specifically charged with the supervision and care of the feebleminded and the epileptic, and to all persons inter- ested. If better systems and higher standards and, above all, general uniformity in legislation, are to be attained, the first step is an exposition in convenient form of existing laws. This and little more the present publication would supply. R. H. ALABAMA Authorities: Code of Alabama, 1907 Amendments of 1915 I. ADMINISTRATION AND SUPERVISION* a. General. There is in Alabama no central administrative board ^J^g"^ of charitable institutions. There is, however, a corporation under '^''^^• the name of "The Alabama Insane Hospitals" that manages and f^°- controls the two state hospitals for the insane and any other allied *''^- state institutions, such as those for the care and treatment of epilefi- tics, feebleminded, inebriates, and the like, that may at any time be confided to it by law. The corporation, or board of trustees, consists of seven members, each member holding ofHce for seven years. The governor is ex- officio the presiding officer of the board. Four of the trustees must be licensed physicians; three must reside near the Bryce Hospital; two, convenient to the Mount Vernon Hospital. They receive no salary but are allowed their traveling expenses while on official business. Vacancies are filled by the board itself, subject to confirm- ation of the senate. The board reviews and investigates the affairs of the hospitals, ^-w- and must annually prepare and transmit to the governor a full report of the wants, interests, conditions, receipts and expenditures of the hospitals for the preceding fiscal year. It prepares a book of rules 845- for the government and instruction of the employees of the hospitals. For the immediate government and control of the hospitals, the board of trustees elects a superintendent, who is the executive supermtend- officer of the board, for a term of not less than eight years, and 847. determines his salary. The superintendent may be removed from office by the board of trustees for just cause. The superintendent, subject to the approval of the trustees, 848. appoints all the assistant physicians, stewards, managers, super- visors, nurses and other employees of the hospitals. He has power to remove any of them from the employ of the hospitals at his discretion. b. Institutional. There are no local boards of trustees. Each hospital is under the direct supervision of an assistant superintend- * Note. — These references are to the statutes conGerning the insane but, as the Alabama law states that a person found so deficient or defective mentally as to need restraint shall be adjudged insane, they are appUcable to the feebleminded, a considerable number of whom have been committed to the state insane hospitals. 2 1 ALABAMA 854. Application. 857. Investigation. 859- ent, who is responsible to the general superintendent. (See a. General.) 2. CARE a. In special state institutions. There is do institution exclusively for the feebleminded or for the epileptic. b. In general state institutions. Feebleminded and epileptic persons needing restraint, care, and treatment are received in the two state institutions for the insane: The Bryce Hospital, Tuscaloosa; established 1860; beds, 1,500. (For whites exclusively.) The Mount Vernon Hospital, Mount Vernon; established 1902; beds, 1,000. (For negroes exclusively.) c. In local institutions. The court of county commissioners has the duty of supporting the poor of their county, including the insane who cannot be maintained at the state hospitals. The poorhouses in which the insane may be kept are under the management of the court of county commissioners. 3. COMMITMENT a. Persons committed. A person shall be adjudged insane who has been found so deficient or defective mentally as to require that, for his own or others' welfare, he be removed to the insane hospital for restraint, care and treatment. Simple, harmless, in- curable dements, dotards, imbeciles or idiots are not fit patients for the insane hospitals. b. Legal procedure in commitment. Application for the ad- mission of a person to the state hospitals must be made to the judge probate in the county in which the person resides. If the judge of probate after due investigation finds the case a suitable one, he must make application to the superintendent for the admission of the patient, accompanying it with full and explicit answers to pre- scribed interrogatories concerning the past history of the patient. When informed by the superintendent that the person can be received as a patient, the judge of probate must call witnesses, at least one of whom must be a physician, and fully investigate the facts of the case, either with or without a jury, and either with or without the presence in the court of the person in question. If the judge or the jury believe the person is sufficiently defective mentally to be sent to a state hospital, the judge must make two copies of the certificate of the mental disquahfications, without which no person may be admitted, one of which is to be filed in his office, and the other to be sent with the patient to the hospital. c. Voluntary admission. 3 ALABAMA d. Appeal from commitment. At any time after the inquisition, ^"'"df^s!' the person ascertained to be of unsound mind, by himself, or by next «S2. friend, may apply in writing to the court of probate for a revocation of the proceedings, the application to be accompanied by the certif- icate of two physicians, or of two other competent persons, stating that after examination of such person, they believe him to be of sound mind. Not more than ten days thereafter, a hearing must be^*^K- held. If the allegations of the application are denied, the court must J"jy^^*'- summon a jury to try the case; and the same proceedings must be had as upon the original inquisition. If there is no contest, and the court is satisfied of the truth of the application, he must revoke the proceedings on the inquisition and the guardianship, and declare the ward restored to the custody and management of his estate. If the verdict of the jury negatives the facts cited in the applica- **ss. tion, a judgment of dismissal, at the cost of the applicant, or next friend, must be entered. Any person who is restrained of liberty under any pretense what- ^^oy' corpus. soever, may prosecute a writ of habeas corpus. e. Cost of commitment. The cost of commitment and of trans- portation to the hospital must be paid by the county treasury in the case of an indigent person. 4. CONVEYING PATIENTS TO THE INSTITUTION The judge of probate must require a relative, friend or officer, as **"• he sees fit, to convey the patient to the hospital. 5. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS The superintendent may grant friends or relatives permission to paroie. remove from the hospital on trial at their expense any harmless patient whom he thinks it will benefit. Such a patient may be returned by friends or those in charge, but at the expiration of six months, if the patient has not been returned, he shall be regarded as discharged and readmission can not be obtained without the same legal process as if the patient never had been admitted. When a patient has been restored to a normal and comparatively Discharge. safe and good mental condition sufficiently long to warrant the ''' opinion by the superintendent that he ought to be returned to his home, or set at large again, the superintendent must inform the friends or relatives of the patient's recovery, and if they do not furnish the money to pay the traveling expenses, he must notify the judge of probate of the county, and the commissioners of the county then pay out of the county treasury the necessary expenses for the return of the patient to his home. ALABAMA 4 7. COST OF MAINTENANCE '°86^i*°'°" "^^^ judge of probate must examine the financial standing of the person, and if he has not sufficient means to pay for his support at the hospital, it must be so stated in the certificate of admission and the expense is then borne by the state. When a patient or his "" aa"""^'^^"'^' parents or guardians possess means, or his relatives or friends care to provide for his support, the judge of probate must contract with responsible parties for the payment quarterly in advance of the amount chargeable for such patients, and cause a bond with sufficient **3. surety to be made. The judge of probate from each county must from time to time at his own instance, if his attention is drawn to it by the superintendent or other person, investigate the financial standing of any indigent patient in the hospital from his county; and if he finds him able to pay for his support, he must, under penalty of having the patient returned at the county's expense to his home, 8*5. contract with responsible parties for the payment in question. The judge of probate can transfer a paying patient who has become indi- gent to the indigent class. 8. GUARDIANSHIP AND SUPERVISION Petfttoii ^' Personal. The court of probate has the authority and duty to '''>47. appoint guardians for persons of unsound mind, including idiots, having an estate real or personal, upon the petition and affidavit of any relative or friend. The court must appoint a time for in- quisition not more than ten days from the presentment of the peti- juryWai. ^ion. The sheriff is directed to summon a jury of twelve disinter- ested persons of the neighborhood and to take the person of alleged 4360. unsound mind into custody and if possible have him at the trial. 4468. On verdict that the person is of unsound mind, the judge appoints a suitable guardian; if no other suitable person applies and qualifies, the general guardian or sheriff is appointed. Authority for the removal of the ward or his property to another county or another state must be obtained from the court. b. Community. Funds not exceeding |200 must be held by the judge of probate. 9. SPECIAL EDUCATION 10. MARRIAGE II. STERILIZATION 12. DEFECTIVE DELINQUENTS Feebleminded and epileptic persons are subject to the laws relat- S72. ing to the insane. No criminal or person indicted for crime, who has been declared insane, may be sent to state hospital until the sheriff or other officer having legal custody of said patient has forwarded to ALABAMA the superintendent an application and a description of the case, according to the form prescribed for judges of probate, together with a certified copy of the order of the court. A death sentence may be ''■'s- suspended during the determination of the sanity of a convict. 13. CRIMINAL RESPONSIBILITY Every person over 14 years of age charged with crime is presumed ^°°^ity'°' to be responsible for his acts and the burden of proving that he is ^'^s- irresponsible is cast upon the accused. ALASKA Authority: Compiled Laws of Alaska, 1913 I, ADMINISTRATION AND SUPERVISION a. General. There is no general administrative board of chari- table institutions. The legally adjudged insane (see 3. a.) of the territory are under the general supervision of the secretary of the department of the interior at Washington, D. C. b. Institutional. The private sanitarium to which the insane and mentally defective of the territory are committed is visited and inspected at regular intervals and occasionally is subjected to special investigation by agents of the United States department of the interior. The detention hospitals at Fairbanks and Nome are under the control of the United States marshal of the districts in which they are situated. 2. CARE a. In territorial institutions. There is no special institution for the feebleminded or the epileptic. By contract. The Secretary of the interior contracts for one year or more with Compiled laws. .,,... ., ..i-r^, 830. a responsible institution west of the main range of the Rocky Mountains for the care and custody of persons in the District of Alaska who are adjudged insane (see 3. a.). The Morningside Hospital, a private institution near Portland, Oregon, cares for the Alaskan insane under the above mentioned contract at the time of the compilation of this summary. Detention b. In local institutions. Detention hospitals are maintained at hospitals. 832a- Fairbanks and Nome for the temporary care and detention of in- sane persons until transported to the hospital holding the contract with the department of the interior. 3. COMMITMENT 831. a. Persons committed. When the mental condition of feeble- 1794. minded or epileptic persons is such that they can be classed as in- ane (insane includes every idiot, person not of sound mind, and distracted person), they are committed to the Morningside Hospital. Commissioners, b. Legal procedure in commitment. Commissioners appointed ^'' by the district court are ex-officio probate judges and may commit all persons adjudged insane to the hospital. Complaint. Upon a complaint made by an adult, the commissioner has the jurytriai. alleged insane person brought before him and examined bj' a jurj^ of six male adults. The commissioner must appoint someone to rep- resent the person, and must also procure an examining physician, if there is one in the vicinity. 7 ALASKA If the jury unanimously agrees that the person ought to be com- mitted to the hospital, and the commissioner approves, an order of commitment must be made. c. Voluntary admission. d. Appeal from commitment. Any person restrained of liberty Habeas corpus, under any pretense whatsoever except by virtue of a judgment or execution may prosecute a writ of habeas corpus. e. Cost of commitment. All expenses and outlays incidental to*^'" commitment, when allowed by the commissioner, are paid by the clerk of the court as incidental expenses. 4. CONVEYING PATIENTS TO THE INSTITUTION The United States marshal of the district in which the proceedings are held conveys the patient to the hospital. 5. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS Although the contract of the department of the interior with the P«oie. hospital does not specifically provide for the release of persons on parole, it is the uniform practice of the department to parole Alaskan patients in the custody of their friends or relatives when their condition warrants, requiring the supplying of a satisfactory bond for the safe care and custody of the patient. A patient is detained "until duly discharged by law.'' Discharge. 7. COST OF MAINTENANCE The cost of maintaining persons in the hospital and in the deten- ^i°- tion hospitals is met by appropriations made by Congress. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The commissioners may appoint guardians for J727. all persons who are incapable of conducting their own affairs. The court may appoint guardians ad litem for all such persons who are defendants to an action. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE When either party to a marriage is incapable of consenting, for 433. want of sufficient understanding, the marriage is voidable, but only at the suit of the. party laboring under the disability or upon whom the fraud is imposed. II. STERILIZATION 12. DEFECTIVE DELINQUENTS 13. CRIMINAL RESPONSIBILITY ARIZONA Authorities: Revised Statutes of Arizona, 1913 Laws of Arizona, 1917 Penal code I. ADMINISTRATION AND SUPERVISION Commission of a. General. The commission of state institutions is composed state institu- tions, of three electors appointed by the governor, with the consent of the ch.89. ' senate, and holding office at his pleasure. Not more than two members may be of the same political party. Each commissioner receives an annual salary of $3,000 and necessary traveling ex- penses, and must devote his entire time to the duties of his office and may not engage in any other occupation. The commission renders an annual report to the governor. The commission has oversight and general control of all chari- table, reformatory, penal, and other institutions established and maintained by the state. It employs a secretary at an annual salary of $2,400 and such other persons as may be needed. It prescribes uniform systems of records and accounts, and must keep in its office a complete record of all transactions at each of the institutions under its jurisdiction. The entire commission must visit and inspect each institution at least once in six months and a member must visit and inspect each institution at least once in thirty days. The commission apppoints and discharges the chief officers of each of the state institutions. Except where appointed by the commis- sion, the superintendent or chief executive officer of each state institution appoints and discharges .all of his assistants, the number being determined by the commission. All salaries are fixed by the commission unless otherwise provided by law. The commission purchases all supplies for the state institutions, has charge of the erection of new buildings and of all repairs and improvements. No member shall receive a gift from an individual or firm with which the commission does business, nor shall a member or employee of the commission attempt to influence the political views of other members or employees or contribute anything for political purposes. The commission has the power to bring suit, to summon and exam- ine witnesses and to compel the production and examination of books and papers; and any person faihng to obey the orders of the commission in this connection shall be dealt with by the Superior Court as for contempt of court. b. Institutional. There are no local boards of trustees. 9 ARIZONA 2. CARE a. In state institutions. There are no special public institutions for the feebleminded or the epileptic. A bill of especial merit to establish a state institution for these classes, although approved by the senate, failed in the house during the 1917 session of the legislature. b. In local institutions. 3. COMMITMENT a. Persons committed. b. Legal procedure. c. Voluntary admission. d. Appeal from commitment. e. Cost of commitment. 4. CONVEYING PATIENTS TO THE INSTITUTION S. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS 7. COST OF MAINTENANCE 8. GUARDIANSHIP AND SUPERVISION 1132. a. Personal. A verified petition for the appointment of a guardian may be made to the superior court by a relative or friend of any person who is mentally incompetent to manage his property. Not less than five days' notice is given to the alleged incompetent and he must, if able to attend, be produced at the hearing. If after a full hearing and examination it appears that the person is inca- pable, the court must appoint a guardian of the person and estate. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE When either party is incapable of consenting thereto for want of '•''• sufficient understanding, the marriage is voidable at the suit of the party laboring under the disability. II. STERILIZATION 12. DEFECTIVE DELINQUENTS 13. CRIMINAL RESPONSIBILITY Idiots are incapable of committing crime. PeMicode. 1133. 10 ARKANSAS Board of con- trol. Digest. 4667. 4673. Commission for the feeble- minded. Acts of 19x7, ch. 172. 10. Superintendent 9- Authorities : Kirby and Castle, Digest of the Statutes of Arkansas, 1916 Acts of 1917 I. ADMINISTRATION AND SUPERVISION a. General. The board of control for state charitable institutions is composed of three members, appointed by the governor and con- firmed by the senate. Each member serves for six years, the terms being so arranged that an appointment is made to the board bien- nially. The annual salary of members, who are required to give full time to their official duties, is $2,500. The board appoints a sec- retary, who is required simply to be a bookkeeper and to keep a correct record of the proceedings. It reports to the governor biennially. The board is placed in full charge of all state charitable institu- tions, which include the hospital for the insane, the school for the feebleminded, the Confederate home, the school for the blind, and the deaf mute institute. It has no supervision over insane or feeble- minded persons in drivate institutions or in jails or other local institutions, nor does its power extend to the state or local penal or reformatory institutions. The board appoints the superintendent and steward and pur- chases all supplies for the institutions over which it exercises control ; in the case of the institution for the feebleminded, it appoints all employees. The records of the board are open to the inspection of the governor and all persons whom he or the legislature may appoint to examine them. The board is required to visit the institutions under its control at least monthly. The governor may at any time appoint a suitable person to examine the affairs of any institution. The commission for the feebleminded, appointed by the governor under authority of the legislature to inquire into the condition and needs of the feebleminded in the state, is continued as a temporary advisory body to assist the board of control in creating and starting the new institution for the feebleminded. The members receive no compensation, but are allowed actual expenses incurred in the performance of duties performed at the request of the board of control. b. Institutional. There is no local board of trustees. The super- intendent, who is appointed by the board of control, must be a person specially fitted, both by training and experience, for the duties of the position. His salary shall not exceed $3,000 a year. 11 ARKANSAS and that of no other officer or employee may exceed $2,000, exclusive of board and lodging in the institution. Officers and employees, as far as possible, are required to reside at the institution. 2. CARE a. In special state institutions. The legislature of 1917 created a^'=°^' 'S'^, "The Arkansas School for the Feebleminded" and appropriated '• money and public lands for its establishment. b. In general state institutions. Feebleminded and epileptic patients, although not provided for by legislative enactment, are admitted to the state hospital for nervous diseases through the ruling of its superintendent, and this procedure will be continued until the new school for the feebleminded is opened. The statutes require that negro patients must be treated in separate wards or departments. c. In local institutions. Each county must provide in the county Mgest. poorhouse, where such has been established, for its own indigent feebleminded and epileptic who cannot be admitted to the state hospital, and the county court has the duty of looking after them. Feebleminded persons may be confined in county or city jails. (See3. b.) 3. COMMITMENT Until other and more specific legislation is enacted for the control *^'j °/ '^'''• and commitment of the feebleminded, the existing laws of the state "• now governing the insane are held to apply, in so far as they are applicable and do not conflict with this act. a. Persons committed. The term feebleminded includes all 12. degrees of mental defect due to arrested or imperfect mental devel- opment. Feebleminded persons possessing a mental development not exceeding that of a normal child of three years are classed as idiots; of normal children from four to seven, as imbeciles; of normal children from eight to twelve, as morons. Patients for whom application for admission to the state hospital ciasaflcation. for nervous diseases is made are classified as follows: (1) acute — ■ 4753. where symptoms of insanity are of less than one year's duration; (2) chronic — cases of more than a year's duration; (3) probably in- curable — cases complicated with epilepsy, original imbecility or feeblemindedness, deformities of skull from injuries, old age or general paralysis; (4) incurable — all other cases. Preference in admission is given in the order of the above classi- Of'*?'^ ?* admission fication, but no person, whether curable or not, or whether the 47S4. imbecility or insanity be idiotic or congenital or not, may be re- fused admission so long as there is unoccupied room for patients in the hospital. ARKANSAS 12 Application, 4V38. Hearing. 4739- Examination, Commitment. 4740. Notice of admission. 4741. Laws of 1917, ch. 172. II. Charged to the county. Digest. 4758. Female attendant. 4744. b. Legal procedure in commitment. Upon a written statement filed by any reputable citizen of the state with the county and probate judge alleging that any person is entitled to admission to the state hospital for nervous diseases, the county or probate judge may appoint a time as soon as practicable to hear the testimony of witnesses, and must cause the person to be examined separately by two reputable, competent and disinterested physicians, who shall severally present to the county judge a sworn statement of the result of their examinations. If the judge finds the person suit- able for commitment he must without delay transmit to the super- intendent of the state hospital his decision in writing, with copies of the original statement filed with him by the citizen, and the state- ment of the physicians including interrogatories and answers. The superintendent of the state hospital must thereupon immediately notify the judge of his readiness to admit the person. If there is no room; he must notify the judge, and return to him the documents in the case. But in such instances, the name and county of the per- son must be recorded at the hospital in the order in which the decision of the judge was received, and he is entitled to precedence over all who may apply for admission later. c. Voluntary admission. Voluntary "commitments" may be made to the school for the feebleminded, with the consent of the superintendent, providing all expenses of the inmate shall be paid. d. Appeal from commitment. e. Cost of commitment. Each county in the state is chargeable for all expenses of commitment, delivery to and removal from the state hospital of persons resident in the respective counties, and must reimburse the sheriff for money deposited with the superin- tendent for deficiencies of clothing of patients. 4. CONVEYING PATIENTS TO THE INSTITUTION The sheriff of any county, or any person deputized by the judge and directed to arrest and deliver to the superintendent of the state hospital any person, must execute the warrant or order without delay, and may call to his assistance a physician, nurse or other person whom the judge may indicate as necessary, and shall deliver the person Avithout unnecessary force, restraint or publicity by the most direct and practicable route and method of travel. All females must be accompanied to the hospital by at least one female attendant. Acts of 1917, ch. 172. 2,3. 5. TRANSFER OF PATIENTS The officers, commissions, and boards controlling the various state institutions may transfer to the school for the feebleminded such feebleminded inmates of their own institutions as may be more 13 ARKANSAS appropriately taken care of in the school, provided that such trans- fer has the consent of the superintendent of the school for the feeble- minded. The superintendent of the state school for the feebleminded may 3- select and requisition from other state institutions such of their feebleminded inmates as he considers most suitable for transfer, with due regard to the welfare of the inmates and the benefit of the state. 6. PAROLE AND DISCHARGE OF PATIENTS All patients, except those committed while under a criminal P|^°'^=- charge and those transferred from a penitentiary and the reform 4766. farm, may be paroled by the superintendent of the state hospital for a periods of six months. The period may be extended from time to time and a discharge may be granted if the patient has made ^'^gg^^^- a complete recovery. When there is no available room in the hospital for nervous dis- P's'='^"s«.'i •>? ^ the superin- eases, the superintendent must, as soon as practicable, in order to {™^*- ^^^ make room for the admission of a patient suffering from^an "acute" '<" another, form of insanity, discharge some inmate belonging to the "incur- able" class, if there is such, or one belonging to the "probably in- curable" class (includes the feebleminded and the epileptic) if there is no one dischargeable from the fourth class. In making a selection for discharge the superintendent must give preference to one who has been longest in the hospital, if not violent or dangerous to the community, or whose discharge will effect the least possible incon- venience or cost. No appeal may be had from the decision of the superintendent in matters of admission and discharge of inmates, except to the board of control, who may direct the superintendent to admit or discharge any person under any circumstances not involving a violation of law. When by reason of necessity for the benefit of a person of the^o'jf^"* "acute" class the superintendent of the state hospital thinks proper 475s. to discharge any inmate, he must notify the county and probate judge of the county from which the inmate was committed, who shall then direct the removal of the inmate without delay to his guardian or home. If the patient has no guardian or home he must 4756. be delivered to such person and place in the county as may be provided for his further custody and maintenance, if he be not capable of taking care of himself. 7. COST OF MAINTENANCE Any indigent citizen or resident of the state, duly committed to ^^^hc . , . . , ' .J expense. the state hospital, may be mamtamed at the public expense until 4746- removed. If he has been found to possess estate more than suffi- ^y estate. ARKANSAS 14 Probate court may appoint guardians. 4496. 4497. 4498. 4499. cient for the support of his natural dependents, his guardian must pay for his maintenance and care at the hospital, and remove him when so required and notified by the president of the board of control and superintendent of the hospital. Indigent persons who are not able to pay have preference over those who are able to pay. Any sum expended by the county may be recovered from the parents or guardian, if they are able to pay the amount or any part of it. 8. GUARDIANSHIP AND SUPERVISION a. Personal. Probate courts have power to appoint guardians of idiots and persons of unsound mind who are incapable of con- ducting their own affairs and their estates. Any person may give written information to the court, which may cause the person charged to be brought before the court. Any sheriff, coroner or constable finding a person of unsound mind shall make application to the court for the exercise of its jurisdiction. If the facts are doubtful, a jury is summoned and if they find the person to be of unsound mind the court appoints a guardian of the person and estate. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE When either party is incapable from want of understanding of consenting to any marriage, the marriage is void from the time its nullity is declared by a court of competent jurisdiction. II. STERILIZATION 12. DEFECTIVE DELINQUENTS When the penitentiary physician ascertains that any convict confined in the state penitentiary or reform school is insane (which includes feeblemindedness and epilepsy), he must certify the fact to the superintendent who, by and with the advice and consent of the board, must transfer him to the state hospital. Admission and The Superintendent of the state insane hospital, upon the certif- discliarge of -^ , ^ x- j jr icate of the judge before whom the case is pending upon present- ment or indictment, must admit any person who has been acquitted upon a plea of insanity or any person who has been adjudged insane, when he has been held upon presentment or indictment and can not be tried because of insanity. 6086. Transfer of criminals. 4'7S2. criminals. 4748. 1633. 64 A. S23. 13. CRIMINAL RESPONSIBILITY An idiot may not be found guilty of or punished for any crime, if he was incapable of distinguishing between right and wrong as to the particular act at the time it was committed. 15 CALIFORNIA Authorities: Deering's General Laws of California, 1916 Civil Code of California, 1915 Code of Civil Procedure, 1915 Penal Code of California, 1915 Political Code of California, 1915 Codes and General Laws Supplement, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The state board of control consists of three mem- f^"*^^,"' bers appointed by the governor and holding office at his pleasure. ^"6g*j^*' '^°^^' The governor designates the chairman and fills all vacancies; the g^^; board appoints its secretary and other paid employees. The mem- bers receive an annual salary of $4,000. It is the duty of the board to examine the books of all state insti- tutions, bureaus, commissions, and officers, to visit every public institution maintained in whole or in part by the state and all pub- lic buildings in course of construction. The board, with the consent of the governor, has the power to authorize the creation of de- ficiencies in cases of actual necessity; it also has the power to sell or exchange any property of the state, except real estate; and all claims against the state must be approved by it. The board has general supervision over all matters concerning the financial and business policies of the state, approves all state contracts for the purchase of supplies and materials, and, through its department of public accounting, maintains a uniform system of accounting and reporting for all public accounts and records. The board reports biennially to the legislature. The state board of charities and corrections is composed of six ,?°*'^jj5'^^^^'j: members, not more than three of whom may be from the same po- q° ^eVai laws litical party, appointed by the governor for terms of 12 years. ^73. Women may be appointed. The board must investigate and report upon all charitable and correctional institutions of the state, coun- ties, cities and towns. All persons in charge of such institutions are required to furnish the board such information and statistics as it may request. The board may prescribe the forms of reports and records by the state commission in lunacy. All plans for buildings for public institutions must be submitted to the board. The board has power to compel the attendance of witnesses, the production of books and papers relating to public institutions. The board makes a biennial report to the governor. CALIFORNIA 16 ml^on""" ^ commission in lunacy, consisting of the general superintendent PoiitiMi code, of the state hospitals, the secretary of the state board of health, the three members of the state board of control, and the governor, secretary of state and attorney general, ex-officio, exercises general supervision over the state institutions for the mentally defective and the insane. All members except the general superintendent serve General super- -^yithout Salary. The general superintendent of state hospitals is 2137- appointed by the governor for a term of four years, and may not hold any other office. His salaryis $5,000. He must be a reputable physician, a graduate of an incorporated medical college, and have had at least ten years' actual practice in his profession as well as six years' experience in the care and treatment of the insane, at least one year of which must have been spent in the state hospitals. He must fully inspect every state hospital at least twice a year. 2143. The commission is authorized, among other things, to appoint an accountant for the institutions and to inquire into their general Supp. 1917. condition and management: to fix the annual salaries of the resi- p. 253. dent officers and treasurers, which must be uniform for all, and to classify other officers and employees and determine their salaries; to determine the kind and character of all other employees. The „ ,. . , , commission must examine the condition and management of all Political code. . P 2142. public and private institutions receiving and caring for the mentally defective; adopt rules and regulations, books of record, blank forms, etc., for all public institutions for the mentally defective; keep a record of each duly qualified medical examiner and of all in- mates; cause the books and accounts to be examined at least once in six months; report and recommend to the legislature the neces- sary prospective needs for care and treatment; and, for the purpose of preventing over-crowding, make suitable recommendations to the legislature; furnish the legislature an estimate of the probable increase of inmates of each institution during the two years begin- ning July first, next ensuing, and the cost of all additional buildings and equipments; and report to the legislature its acts and pro- ceedings. The commission has power to investigate cases of al- 2142a. leged wrongful detention or improper treatment, and may for this purpose exercise the powers conferred upon the referee in a superior court. At an investigation into the general management of any institution, the commission may notify the attorney general, who must participate personally or by deputy. The commission may at any time visit and examine the inmates of any almshouse. Private institu- ]Si"o private institution for the care and treatment of the feeble- tions. ^ "96. minded or epileptic may be established without first obtaining a license from the commission. Application for a license must be accompanied by plans and other information, in such form as the 17 CALIFORNIA commission may require. Before granting a license, the commission must inspect the place and, after inquiry, amend or revoke any license. Private institutions must keep records in the same manner and form as prescribed for the state institutions. For violating the provisions of law in regard to private institutions a penalty may be imposed of imprisonment for six months or a fine of $1,000 or both. b. Institutional. The board of managers of the Sonoma state l™"'^! if °»«- home consists of five members appointed by the governor for four l\*y years. The governor may remove them for cause. No member of JJ^'; the legislature or elective state officer is eligible. Memberships |J|^; become vacant for failure to attend regular meetings for three |JS3. months, unless unavoidable. The managers are entitled to ten dollars a day while in the actual service of the state and to receive their necessary expenses. The board establishes rules and regulations for the management and government of the home and to see that they are carried into effect, it must, as a whole, visit the hospital once a year and a majority of the board every month, or oftener. The records of the managers must be open at all times to the inspection of the lunacy commission and the legislature. The board may, with the consent of the attorney general, bring legal actions to protect the interests of the home. An annual report must be rendered to the lunacy commission. No money may be spent by the board for new build- ings or unusual repairs or improvements unless approved by the commission. The board appoints a superintendent, who is chief executive S"'^''"'®"*''^*- officer and has general authority subject to its approval; also, a treasurer. Their duties are prescribed in detail. The board may remove the superintendent or the treasurer for cause. The appoint- ment of the medical superintendent is not effective until he has passed an examination approved by the lunacy commission. The medical superintendent appoints and removes, with the consent of the board of managers, all assistants and employees at the home, which must include one woman physician. All medical assistants must first pass an examination approved by the commission. * The Pacific Colony is under the control of a board ol three trustees, fSm '^ioitI™''' who are appointed by the governor for terms of four years. Each '• **3. trustee receives his expenses and ten dollars per day, provided the sum for services does not exceed $240 in any one year. The board appoints a superintendent and determines his salary. Sunerintendent. Rules and regulations relating to admissions are made by the board. The superintendent of the Pacific Colony receives a salary of not less than 1300 a month. The superintendent, with the ap- CALIFORNIA 18 proval of the board, appoints the employees of the colony and de- termines their Salaries. 2. CARE a. In special state institutions. Sonoma State Home, Eldridge; established 1885; 1,164 beds. Provision was made by the 1917 session of the legislature tor the establishment of an institution in the southern part of the.state, to be called the Pacific Colony. b. In general state institutions. c. In local institutions. 3. COMMITMENT To the Sonoma a_ Persons Committed. Imbecile or feebleminded persons, idiots, General laws, or sane epileptics, residents of the state for one year, may be received, provided the home is not full nor its fund exhausted. The board "S4- may admit pay patients without commitnient when the accommo- dations of the home permit, if such action does not conflict with the interests of committed cases and applicants awaiting admission. S" *5* ^ , Feebleminded persons who are not insane, and epileptics under 21 Pacific Colony. , ^ ; r- x supp 1917, years of age may be admitted to the Pacific Colony. The following persons, if not insane, are held to be feebleminded: (a) those who are so mentally deficient that they are incapable of managing them- selves and their affairs independently, with ordinary prudence, or of being taught to do so, and who require supervision, control, and care, for their own welfare, for the welfare of others, or for the welfare of the community; or (b) those whose intelligence in the judgment of one or more psychologists, when they have been examined by such psychologists, making use of standard psychological tests and what- ever supplementary m.iterial may be available, will not develop beyond the level of the average child of 12 years. Home! ^""""^ t>' Legal procedure in commitment. A parent, guardian or ^^192!^^^' person charged with the support of any child may petition the superior court of the county of residence for an order of admission to the home. The judge, if he finds the requirements as to age, etc., fulfilled, may make such an order, coio'i?^ P*"='fi"= Any parent, guardian, peace officer or person charged with the Supp. 1917, support of a supposedly feebleminded person who is not insane, or on epileptic under 21 years of age, may petition the superior court for an order admitting the person to the colony. The court may cause a warrant to be issued for the delivery of the person; it must hear witnesses and cause the person to be examined by a clinical psychologist and a reputable physician, one of each or two of either. 19 CALrPORWIA c. Voluntary admission. The board of managers of the Sonoma ^°f^^ ""**• State Home and the superintendent of the Pacific Colony may admit p"||j_'"^' without commitment, for purposes of observation and testing, persons suspected of being feebleminded. A department for clinical diagnosis of inmates is maintained and if a person is found to be feebleminded, application for, admission must be made. Whenever accommodations permit, epileptics of any age may be admitted without judicial commitment. Pay patients may be admitted without judicial commitment ^Ypl^^l^^code. the managers of the Sonoma state home when the accommodations "9*- permit, if such action does not conflict with the interests of com- mitted cases, and applicants awaiting admission. d. Appeal from commitment. e. Cost of comniitment. All expense of commitment to the Pacific Colony which may not be paid by the parents, guardian, or person charged with the support of feebleminded or epileptic person must be paid, by the county treasurer, 4. CONVEYING PATIENTS TO THE INSTITUTION The sheriff or any other person designated by the judge may exe- cute the order of commitment to the Pacific Colony. If the estate of the person is sufficient, conveyance must be made without ex- pense to the county. No female may be taken to the colony by any male person not her husband, father, brother or son without the attendance of some woman of good character and mature age. 5. TRANSFER OF PATIENTS The lunacy commission, when it deems it necessary, may transfer ^^^j^?^'? any inmate of the home for the feebleminded to a state hospital for »• |54- the insane. The counties, guardian, relatives or friends of the in- mate are liable for his support and maintenance in the hospital for the insane to the same extent as if the patient were still an inmate of the home for the feebleminded. The commission may transfer any inmate of any hospital for the insane to the home for the feeble- minded, and the relatives, guardian or friends of the patient are Hable for his care, support and maintenance while confined in the home. The commission may also transfer to the Pacific Colony, with the approval of its trustees, any patient in any state hospital for the insane who is eligible for commitment to the colony. Inmates of the Sonoma Home may be transferred to the Pacific ^^ "^^ trustees. Colony, and inmates of the Pacific Colony may be transferred to the Sonoma Home upon agreement of the boards of trustees of the two institutions. Application for such transfer may be made by the parent, guardian, or other person charged with the support of the CALIFORNIA 20 By the court. General laws. 1109. Supp. 1917, p. 848. General laws. 1113. Code of civil procedure, 1763. Supp. 1917, j>. 40. inmate, and the persons making the application must pay the expense; without such application and payment, the board of control must approve the transfer and determine the share of the expense of each institution. When they deem it desirable owing to the mental condition of an inmate, the trustees of the Pacific Colony may, with the approval of the lunacy commission, transfer such inmate to a state hospital for the insane. Transfer of an inmate does not relieve anyone who is liable for the maintenance. Inmates of the Preston School, the Whittier School, California School for Girls or similar institutions, who are feebleminded or epileptic may, upon the application of the superintendent of the institution, be discharged by the court and recommitted to the Pacific Colony or to the Sonoma Home, providing the trustees of the institution to which commitment is made are of the same opinion as the court. Notice of the hearing must be given to the relatives and all other persons concerned. 6. PAROLE AND DISCHARGE OF PATIENTS The trustees of the Sonoma Home and the Pacific Colony may discharge any inmate, and the superintendent of the Pacific Colony may grant a temporary leave of absence to any inmate at any time. Two weeks before any inmate of the Pacific Colony is discharged, a trained psychologist must examine his mental condition. The record of the examination must be open to inspection at all times. 7. COST OF MAINTENANCE A parent, guardian, or person liable for the support of any in- mate must pay such sums as are ordered to be paid by the court at the time of commitment or at subsequent times. Non-residents must pay a rate fixed by the trustees of the institutions. The county pays to the state treasurer the sum of $15 a month for each inmate confined in the Pacific Colony and 110 month for inmates confined in the Sonoma Home. This provision does not apply if persons liable for support are ordered to make payments. 8. GUARDIANSHIP AND SUPERVISION When it is represented to the superior court upon verified peti- tion of any relative or friend that any person is incompetent, notice of not less than five days must be given the supposed incompetent of the time and place of hearing. After a full hearing and examina- tion the court may appoint a guardian of the person and estate or person or estate. A guardian of the person or estate of an incompetent person may be appointed by will or deed, to take effect upon the death of the 21 CALIFORinA person making the appointment. The court must appoint the designated person as guardian. 9. SPECIAL EDUCATION 10. MARRIAGE No marriage license may be granted when one of the parties is*''j"'=^^** an imbecile. A marriage may be annulled if either party was of unsound mind. II. STERILIZATION Before any person who has been legally committed to the Sonoma |°pp°|^S""'- State Home and who is afflicted with mental disease which may have p- sss. been inherited and is likely to be transmitted to descendents, with the various grades of feeblemindedness, with perversion or marked departures from normal mentality or with disease of a syphilitic nature, may be discharged or released, the lunacy commission may in its discretion and after full investigation cause the person to be asexualized and the asexualization, whether with or without the con- sent of the person, is lawful and the commission and the persons participating in the operation are not liable either civilly or crim- inally. Before any inmates of the Pacific Colony who are feebleminded or PacuicCoiony. afficted with incurable chronic mania or dementia may be released, they must be examined by a physician and a clinical psychologist. Upon their recommendation, the trustees may cause the inmate to be sterilized. Any idiot may be asexualized by or under the direction of the^°^^j^^ medical superintendent of any state hospital with the written consent '*^- of parent or appointed guardian. A recidivist in a state prison, confined twice for certain sex'^"™>'^=- offenses or three times for other crimes and giving evidence in prison that he is a moral or sexual degenerate or pervert, or a convict sentenced to state prison for life and exhibiting continued evidence of moral and sexual depravity may be asexualized on recommendation of the resident physician, general superintendent of state hospitals and secretary of the state board of health, or any two of them. 12. DEFECTIVE DELINQUENTS Juvenile offenders who appear to the court to be feebleminded may ^",'^-g''"' be committed to the state institutions. Persons accused of or con- victed of crime who appear to be feebleminded must have their mental condition determined in a separate court proceeding. If declared to be feebleminded they must be committed to a state in- stitution for the feebleminded. CALIFORNIA 22 13. CRIMINAL RESPONSIBILITY ^*i°o*iC.°33V*" Idiots are incapable of committing crime. To establish the de- fense, it must be clearly proven that at the time of the committing of the act the person was laboring under such a defective reason, caused by disease of the mind, that he was unable to know the nature or quahty of the particular act and that it was wrong. 62 c. 120. An irresistible impulse is not an excuse for the commission of a 119 C, 221, -^ crime if the person, at the time of the commission of the act, was capable of knowing right from wrong. Special delusions which completely possess a person are sufficient defense to a criminal prosecution. 23 COLORADO Authorities: Mills' Annotated Statutes, 1912 Session Laws of 1915 I. ADMINISTRATION AND SUPIJRVISION a. General. The state board of ckarities and corrections con- ^°*^^*^^*^^^^^: sists of six persons appointed by the governor, with the consent of s™^tes. the senate, for a term of six years, two members retiring every two *°3. years. The governor is ex-officio a member of the board, and may remove any member of the board. Members receive no compensa- tion, but the board employs a salaried secretary. The board has power to investigate all public charitable and correctional institutions that derive their support wholly or in part from state, county, or municipal appropriations. Officers of such institutions must furnish to the board any information, statistical or otherwise, it may demand. The board must make a biennial report to the governor. b. Institutional. The State Home and Training School f or Bll^'d^^^""- Mental Defectives is administered by a board of three commissioners '^''°- appointed by the governor, with the consent of the senate, for terms of six years, one term expiring each second year. Commissioners must be residents and electors of the state, not all of the same political party. They receive their expenses. The governor may remove a commissioner for cause specifically stated. The commissioners appoint the superintendent and may remove superintendent him. He must be a competent and skilled physician who has had not less than two years' experience in a similar institution. With the approval of the commissioners, he appoints employees, who must be residents and electors of the state, and may remove them. He has general supervision over the affairs of the institution. His salary is 13,000 with maintenance. The board appoints a matron. Matron, who is assistant superintendent. She must have had one year's experience in a similar institution and receives a salary not to exceed $1,800 and maintenance. She may be removed by the superintendent with the consent of the commissioners, for cause specifically stated. The superintendent and board must report to the governor and to the state board of charities and corrections every year. 2. CARE a. In special state institutions. State Home and Training School for Mental Defectives, Ridge; established, 1912; beds, 80. COLORADO 24 Residents. 2873 Non-iesidents. Laws of I9ts> ch. 118. Complaint, 3. Detention, Examination, 4-7. b. In general state institutions. The Colorado State Hospital for the Insane cares for feebleminded and epileptic persons who are committed as insane criminals, (See 3 a.) c. In local institutions. 3. COMMITMENT a. Persons committed. Feebleminded persons incapable of receiving instruction in the public schools, and epileptic and feeble- minded adults unable to care for themselves or their property are eligible for admission to the state home and training school, pro- vided that the applicant or his legal guardian is a bona fide resident of Colorado, Non-residents may be admitted if there is room after all resident applicants have been cared for, provided the applicant is not afflicted with tuberculosis or other contagious disease and that the entire expense be borne by those applying for his admission. The phrases "incompetent," "mental incompetent," "incapable," and "feebleminded" are coristrued to mean any person who, though not insane, is by reason of old age, disease, weakness of mind, feeble- ness of mind, or from any other cause, incapable unassisted to properly manage and take care of himself or his property, and likely, therefore, to be deceived or imposed upon by artful or designing persons. The term "insane person" is construed to include idiots and any person so distracted in mind as to endanger himself and his property, or others and their property, if at large. b. Legal procedure in commitment. Whenever a reputable per- son files with the county court a duly verified complaint alleging that any person in the county is, by reason of feebleness of mind or other cause, incapable, unassisted, to properly manage and take care of himself or his property and therefore would be likely to be deceived or imposed upon by artful or designing persons, the county court must have the person taken into custody. To the person so arrested must be delivered a copy of the com- plaint and order. The judge issuing the or4er may designate a hospital or other convenient suitable place for detention until the final determination of the mental condition of the person. If apprehended without an order the person must be taken before the county court which determines forthwith whether an examination is desirable, but may order the person confined, observed, treated and cared for temporarily. The complaint filed with the county court having been referred to the county lunacy commission, the alleged feebleminded person must be present at the first meeting of the commission, and may be present at all subsequent meetings. The court must appoint an 25 COLORADO attorney at law residing in the county to represent and act as guardian ad litem of the alleged feebleminded person; the attorney must attend all meetings of the commission. Witnesses may be compelled to attend and to testify. The report of the commission must be approved by the court. If the report finds that the person is so mentally defective as to be incompetent to care for himself or his property, it is the duty of the court to commit him to the state commitment. home and traimng school for mental defectives. Lunacy com- A lunacy commission consists of two persons, both of whom shall nnssion. be licensed physicians of reputable character residing in the county, appointed by the county judge and holding office at his pleasure; he may appoint a new commission for each investigation. If the com- missioners disagree, the court shall appoint a third commissioner of like qualifications. If there is but one physician in the county, the "• judge shall appoint as the other commissioner a reputable free- holder and legal resident of the county. The duties of the commis- sion are to consider and observe such patients, both insane and feebleminded, as are referred to them by the county judge. Every 12. commissioner receives foi his services in each inquiry a sum, fixed by the court, not exceeding ten dollars, together with his necessary expenses. No member of a commission shall be a relative of the '*' person alleged to be feebleminded, or a manager, superintendent, proprietor, officer, stockholder, or have any pecuniary interest, directly or indirectly, or be an attending physician, in the institu- tion to which it is proposed to commit such person. c. Voluntary admission. d. Appeal from commitment. Any person ordered to be com- ^'^.'"*'' mitted or any friend or any person interested in the proceedings may within five days after the order of the judge, demand in writing that the questions considered by the commission be tried by a jury of six men. At such trial the cause against the person complained of must be represented by the county or district attorney or by some one appointed by the county judge and the court must ap- point a guardian ad litem unless the patient appears by his own counsel. e. Cost of commitment. Expenses attending any proceedings sututes. are paid out of the estate of the incapable person by the conservator upon the order of the county court, but if there is no estate, or if the proceedings result in discharge, the county commissioners of the proper county must allow them. 4. CONVEYING PATIENTS TO THE HOSPITAL The judge of the county court must designate some trained ^''^"g'i's's, attendant to accompany the patient to the home and school for 7. i COLORADO 26 mental defectives. Every female patient shall be accompanied by a female attendant, unless accompanied by her husband, father, brother, or son. 5. TRANSFER OF PATIENTS This can be arranged only by securing a new order from the judge of the court wherein the original commitment was made. 6. PAROLE AND DISCHARGE OF PATIENTS statufeV"''"^' ^ person, not committed or detained for any crime or supposed 3344- criminal matter, who is restrained of his liberty, may apply for a writ cf habeas corpus to the circuit or district court. The applica- tion, signed by the party or some person on his behalf, must state the facts concerning his confinement and in whose custody he is detained. Any county court or county judge in the state is authorized to issue the writ of habeas corpus in the absence of the circuit court or district court. '""isr^^'''^"*^' Non-resident poor or indigent persons may be returned to the country or state of residence by the board of commissioners of the state home and training school for mental defectives. 7. COST OF MAINTENANCE chTisV''^' ^^ *^® person committed has no estate, he is maintained by the statutes. county; if he has personal or real estate, the court must appoint a ^^'s- conservator, who must pay the cost of maintenance of the patient at the institution. When the feebleminded person or his parents are able to pay the whole or part of the cost of maintenance, they are required to do so. 8. GUARDIANSHIP AND SUPERVISION Custody of.rela- lIwso£'i*°5' ^" Personal. If it appears from the report of the lunacy com- ch. 118. mission that the person is not mentally defective, but by reason of disease, weakness of mind, or from any other cause incapable to properly manage and take care of himself or his property, the court must order the person to be placed in the custody of some friend or relative, who will assume his custody and care, if any such person can be found. Otherwise, the court must commit the person to a place suitable for his confinement and treatment. If the person requires committal and has real or personal estate, the county court must appoint a conservator. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE II. STERILIZATION Conservator. 27 COLORADO 12. DEFECTIVE DELINQUENTS Provision is made for the care of criminal insane (insane including gj^'fg^'^' idiots and distracted persons). 4707. There may be committed to the \Eard for criminal insane: dan- gerous persons who have committed high crimes or misdemeanors; persons charged with cornmitting such, crimes who are believed to feign insanity or in regard to whose insanity there may be so great a doubt so as to require the investigation of examiners; persons acquitted of such crimes on the ground of insanity; persons charged with the commission of any crimes who become insane before trial or sentence; persons becoming insane while in prison after convic- tion of any crime, and continuing insane throughout the term of sentence, who have no friends or relatives to whom they may be delivered at the' expiration of sentence; and insane convicts generally whose insanity has been ascertained, and who may be transferred from penal institutions. Upon the recovery of any person who has been transferred from ^""J^^- the state penitentiary or state reformatory to the state asylum; it is the duty of the superintendent of the asylum to notify the warden of the state penitentiary or state reforrnatory, who must transfer the person to the place of his former commitment for the purpose of serving out his sentence, if it has not expired. 13. CRIMINAL RESPONSIBILITY An idiot may not be found guilty or punished for any crime or |^'*g- misdemeanor, if at the time of the commission of the act he is in such a mental condition as to be unable to distinguish between right and wrong. 28 CONNECTICUT Authorities: General Statutes of Connecticut, 1902 Public Acts of Connecticut, 1903, 1909, 1911, 1913, 1915, 1917 I. ADMINISTRATION AND SUPERVISION He"* °' ''''*"" ^' General. The state board of charities is composed of five stehites. members, two of whom are women, appointed by the governor for ^1*5- terms of four years, subject to removal by him for cause. The 2862- board must inspect all institutions in which persons are held under Acts of 1903, compulsion, to ascertain how they are treated and whether properly held and may correct any abuses found, through the persons in charge of the institutions. The state institutions must be visited once in three months by at least one member of the board of each sex. The board must make an annual report to the governor and general assembly. Acts of 1917, The board must meet at least once in two months. The members ch. 345. receive no compensation for their services but are allowed their expenses. The board must appoint not more than three paid supervisors, either men or women, who must be experienced in the care and supervision of children in institutions and in homes. Board of trus- b. Institutional. The government and control of the Mansfield ch. 417. state training school and hospital is vested in an unsalaried board of trustees of seven members, appointed by the governor with the consent of the senate. The members may be removed by the gov- ernor. 5;_ The trustees have charge of the general interests of the institution, make the by-laws, appoint and remove all officers and other em- ployees and fix their compensation. The board must meet at the institution once every three months and must report biennially to the legislature. Superintend- The Superintendent, who must be a reputable physician with ex- perience in a similar institution or in an institution for the insane, is appointed bjr the trustees, to whom he reports in writing at least once a year. 2. CARE a. In special state institutions. The 191 7 session of the legislature provided for the consolidation of the Connecticut Colony for Epileptics, at Mansfield, which had 98 beds, and the Connecticut Training School for the Feebleminded, at Lakeville, which had 300 beds. The inmates of the latter institution are to be transferred to the new institution. 12. ent. 29 CONNECTICUT Mansfield State Training School and Hospital, Mansfield Depot; established 1917; 500 beds. b. In general state institutions. c, In local institutions. 3. COMMITMENT a. Persons committed. Any feebleminded or epileptic person »• residing in its district may be committed by the probate court to the training school. b. Legal procedure in commitment. If the person is a pauper, »• application for commitment must be made by the selectmen of the town in which he resides; in all other cases application must be made by a relative or by the selectmen. The court must appoint a physician to examine the patient and, if found to be feebleminded or epileptic, commitment to the institution may be made by the court, subject to the approval of the governor. c. Voluntary admission. The trustees may admit patients under special agreements. d. Appeal from commitment. e. Cost of commitment. All fees and expenses incurred by com- ^'^Sg*'" mitment must be paid out of the estate of the person committed if he has sufficient estate, and if not, by his relatives liable to support him, if of sufficient ability, and if there are none such, then by the town to which he belongs. In case the person is found not to be f eeblemin ded or epileptic, the fees and the expenses must be paid by the com- plainant. 4. CONVEYING PATIENTS TO THE INSTITUTION In appointing a person to convey the person to the school, the ^^4i. ! court must give preference to a near relative or friend. Unless a female is in charge of a member of her own family, the court must direct that at least one adult female shall accompany her. 5. TRANSFER OF PATIENTS Feebleminded and epileptic persons may be transferred from any *^'^ °^ '9'''' institution to the Mansfield school, and insane persons may be statutes, transferred from the school to a state hospital for the insane upon ^483. | the recommendation of the superintendents of the two institutions. I The costs are paid by the institution from which the transfer is made. ', 6. PAROLE AND DISCHARGE OF PATIENTS 1 j No inmate may be discharged until, in the judgment of the super- *^*^ °* 'S'^' \ intendent, his condition justifies it. Any inmate may be released on "• 1 parole for a period not exceeding six months; but a written request i of the superintendent is a sufficient warrant for the return of any ! paroled or escaped person. ; CONNECTICUT 30 7. COST, OF MAINTENANCE ch'^aio '^^^ estate of the inmate is liable for the entire expense of his maintenance. If a wife or a child is also dependent upon the in- mate's estate, the court of probate fixes the amounts to be allotted for the support of the inmate and, of his dependents. If less than half of the cost is paid by the estate or persons liable, the remainder of such one-half must be paid by the town, in which the inmate had a residence at the time of commitment. The other half is paid by the state. If the inmate had no legal settlement and no estate or persons liable, the entire expense of maintenance is paid by the state. If the application is not for the commitment of an indigent pa- tient, the court must appoint a selectman of the town of alleged residence to investigate the residence and estate of the patient and the pecuniary responsibility of those liable for his support. 8. GUARDIANSHIP AND SUPERVISION st"hrt"*'°'' ^' PsJ^sonal. When any person having prop'erty is found inca- =37. pable of managing his affairs, on written complaint of the selectmen, husband, wife, or relative, the court of probate appoints a conserva- tor to have charge of the person's estate. The person complained of receives at least twelve days' notice of the hearing. b. Community. 9. SPECIAL EDUCATION ID. MARRIAGE 1354- Every man and woman, either of whom is epileptic, imbecile, or feebleminded, who shall marry or live together as husband or wife when the woman is under 45 years of age, shall be imprisoned not 1355. more than three years. Every person who knowingly aids such a marriage shall be subject to fine or imprisonment, or both. Inter- course with imbecile, feebleminded or epileptic persons under 45 1356. years of age shall be punished by not more than three years' im- prisonment. II. STERILIZATION Nation"* '^*™" "^^^ directors of the state prison, and the superintendents of the A^ts^of 1909, state hospitals for the insane are directed to appoint for each of the institutions two skilled surgeons, who, in conjunction with the physician or surgeon in charge at each of the institutions constitute a board, the duty of which is to examine such inmates of the institu- tions as are reported to them by the warden, superintendent, or physician and surgeon in charge, to be persons by whom procreation would be inadvisable. The board must examine the physical and mental condition of such persons and their record and family history, so far as it can be ascertained, and, if in the judgment of the major- 31 CONNECTICUT ity of the board procreation by thein would produce children with an inherited tendency to Crime, insanity, feeblemindedness, idiocy, or imbecility, and there is no probability that the condition of any such persons will improve to such an extent as to render, procreation by them advisable, or, if the physical or mental condition of any such persons will be substantially improved thereby, then the board must appoiht one of its members to perform the operation of Operation. vasectomy or oophorectomy upon the inmate. Such operations must be performed in a safe and humane manner, and the board making the examination and the surgeon performing the operation receive from the state such compensation as the warden of the '^"'"r«°=^*'''°- state prison or the superintendent of either of the hospitals deems reasonable. 12. DEFECTIVE DELINQUENTS Any minor inmate of a home or reformatory may, on application ^^'^ti '''^' by the board of trustees, be committed by the court of probate for the district from which the minor was originally committed, to the state training school for such time as the court may deem proper. The order must be approved by the governor. 13. CRIMINAL RESPONSIBILITY All persons over fourteen years of age are presumed to be capable 39 c. 591- of committing crime. If a person offers mental incapacity as a defense to a criminal prosecution, he must prove that his mental capacity is equal to that of a child not capable of crime. 32 DELAWARE Authorities: Revised Code, 1915 Laws of 1915, 1917 I. ADMINISTRATION AND SUPERVISION Board of a. General. The. board of supervisors of state institutions con- supervisors or "^ . state institu- gists of the governor and two residents of the state who are appointed Revised Code, and removed by the governor. They serve for four years and re- loos. ceive $100 per annum for expenses. They must visit, at least once in three months, all the state and other institutions within the state to which the state appropriates money, and may investigate all matters relating to the conduct of the institutions and make any suggestions or changes in the control of patients as they may deem proper and necessary. Any complaint of cruel, barbarous, or unfair treatment made by an inmate of an institution wherein per- sons are deprived of their liberty must be fully investigated and if it is well founded, the board must prepare and present the person's charges against the one at fault to the board of managers or the trustees of the institution. The supervisors must examine carefully into the financial arrangements of the institutions, the purchase of supplies, and disposition of funds, and make recommendations to boards of trustees or managers. They must submit a statement to the governor at any time on his request and a full report biennially to the legislature, conunission for fe. Institutional. The home for the care and training of feeble- the feeble- . . "^ minded. minded persons is under the general supervision of the commission ch. 172. ' for the feebleminded, consisting of nine persons, three of whom may be women. Two of the members must be selected from each county and the remaining three from the state at large. The members are appointed by the governor for terms of four years and the member- ship must be divided as near as practicable between the two chief political parties. Members receive no compensation but are al- lowed their actual expenses in attending the meetings of the com- mission. Superintendent. The Superintendent of the home is appointed by the commission. Lawsofigi?, '^ . , . , ch. 172. He must be experienced in the care and training of feebleminded persons and must, subject to the general supervision of the com- mission, make all rules and regulations for the government and management of the home. Commission The Delaware commission for the blind is authorized to appoint for the blind. . . . ... Revised code, a representative to visit any institution outside the state in which indigent idiotic children are maintained to ascertain whether they 33 DELAWARE are receiving proper treatment and making such improvement as justifies the state in incurring the expense. 2. CARE A small number of feebleminded persons are maintained by the state in a private institution in Pennsylvania. a. In special state institutions. The 1917 session of the legis- lature provided for a home for the care and training of the feeble- minded. b. In general state institutions. c. In local institutions. 3. COMMITMENT a. Persons committed. Not more than fourteen feebleminded '^° '?^''*"'*™= of Pennsyl- children may be maintained in the Pennsylvania institution. ''^»- b. Legal procedure in commitment. Application may be made *i'P^'=a*'™' to the trustees for indigent imbecile children of the state for admis- sion into the Pennsylvania Training School for Feebleminded Children. The appUcation must be forwarded to the . superintend- ent of the institution. Upon his approval, the trustees must recom- mend the applicant to the governor, who causes him to be admitted. c. Voluntary admissioii. The commission has power to enter Agreements into agreements with the parent or guardian or any feebleminded Laws of 1917, person, for committing the person to its custody. io. d. Appeal from commitment. e. Cost of commitment. 4. CONVEYING PATIENTS TO THE INSTITUTION 5. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS When it appears to the governor, from the report of the commis- ^y "'^^ "' *■>« sion for the blind, that any pupil has received all the benefits that Revised code, can be derived, he may direct the superintendent to discharge the child to such persons as are entitled to the custody thereof, or to the almshouse of the district of residence. 7. COST OF MAINTENANCE Pupils placed in the Pennsylvania Training School for Feeble- pj'* ^y the minded Children are maintained by the state of Delaware at an ^^<'9- expense of not over $200 per annum. The commission may enter into an agreement with the parents P"^?.'^ "f^, .° ^ ' guardian liable. guardian or custodian of any feebleminded person for the commit- ''^'"^ "f '917, ment to its custody, and in such cases the commission may require »• them, if they are financially able, to pay the actual cost of care and training. DELAWARE 34 Trustees, Revised code. 2608. Unlawful. 2992. Persons charged with crime. Laws of I917> ch. 172. 8. Persons arrested for £ ofifense. Petition and hearing. 8. GUARDIANSHIP AND SUPERVISION a. Personal. b. Community. The associate judges of the superior court are the trustees for the indigent imbecile children of the state, and must report the details respecting these pupils in the training school, to the general assembly. 9. SPECIAL EDUCATION 10. MARRIAGE jMarriages between persons of sound mind and idiotic persons are unlawful. II. STERILIZATION 12. DEFECTIVE DELINQUENTS Persons charged with crime for other than capital offenses, who are feebleminded and whose being at large would be detrimental to the -community may be committed to the home. Persons arrested in the state for a noncapital offense who are supposed to be feebleminded and whose being at large without supervision and control would be detrimental to the community, may be committed to the custody of the Delaware commission for the feebleminded. Petition for admission may be made to the court of general ses- sions by any relative of the person or by any reputable citizen of the state, either before or after indictment. The petition must be verified by an affidavit, and the court must cause a competent psychologist to investigate the case and determine upon the ques- tion of the feeblemindedness. The testimony of witnesses must be taken and the psychologist must be heard. If the court is satis- fied that the person is feebleminded, commitment may be made to the custody of the commission for the feebleminded until further order from the court. 13. CRIMINAL RESPONSIBILITY Persons In Setting up mental incapacity as a defense to a criminal prose- excused from . jllll. .111- rr-i crime. cutiou, the Durdeu lies with the prisoner. To constitute a good Degreeof proof! defense, there must be a deprivation of the discernment between ' right and wrong as to the particular crime. If the jury has a reason- able doubt as to the mental capacity of the prisoner, he should have the benefit of the doubt. 35 DISTRICT OF COLUMBIA Authorities: United States Statutes at Large Code of Laws for the District of Columbia, 1911 I. ADMINISTRATION AND SUPERVISION a. General. The board of charities of the district of Columbia ^^^^1°^* has power to investigate and report upon all institutions to which si stat. 664- children are sent by the board of children's guardians, as well as upon other charitable institutions of the district. The board of children's guardians is composed of nine members, ^^^^^^^^^ serving without compensation, appointed for terms of three years by |"^|f^^|jg the judges of the police court and the judge holding criminal court, and removed by them for just cause. The board must at all times have at least three persons of each sex. The board elects its officers and appoints its agents; it has supervision and control of dependent and neglected children, and must investigate the condition of hfe and character of all children subject to its supervision. The board reports annually to the board of charities. All children under the supervision of the board must be visited by an agent at least once each year. b. Institutional. 2. CARE a. In special district institutions. The district does not maintain ^^ stat.275. an institution for the care of the feebleminded and epileptic. Feebleminded white children are sent by the board of children's guardians to institutions for the feebleminded in Pennsylvania, Virginia, and New Jersey. b. In general district institutions. Feebleminded and epileptic persons excused from indictment, sentence, trial, or acquitted of crime are committed to St. Elizabeth's Hospital (the federal hospital for the insane), Washington (Anacostia). 3. COMMITMENT a. Persons committed. Indigent white children who are of teach- {"'I'e™* *?«- , , blemindea. able age but are feebleminded and incapable of receiving instruction ^^ g^t. 27s. . . . . 27 Stat. 5S2. among children of sound mind, are placed in an institution for feeble- minded children in Pennsylvania or some other state by the board of children's guardians. (See 2. b.) b. Legal procedure in commitment. Upon the approval of the s' stat. 844. superintendent of the public schools, feebleminded white children are sent to the Columbia institution for the deaf and dumb. If the DISTRICT OF COLUMBIA 36 president of the institution declares them feebleminded, they may be cared for by the board of children's guardians in such available institution or private home as the board deems best in the circum- stances. Feebleminded and epileptic persons excused from indictment, sentence, or trials, or acquitted of crime may be committed to the federal hospital for the insane by the secretary of the interior on certificate of the court. The person in question is entitled to a bill of exceptions and an appeal as in other cases. c. Voluntary admission, ^eas corpus, d. Appeal from commitment. Any person restrained of his law- ful liberty within the district, under any pretence whatever, or any person in his behalf, may apply by petition to the circuit court of the district for a writ of habeas corpus, to have the cause of the restraint inquired into. e. Cost of commitment. The cost of committing a feebleminded or epileptic person to the federal hospital for the insane is chargeable to the district unless the person has an estate, in which case he is liable. 4. CONVEYING PATIENTS TO THE INSTITUTION 5. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS 7. COST OF MAINTENANCE 2« Stat. 393. One half of the sum paid for the care of feebleminded children is 31 Stat. I09S. paid by the district and the other half by the federal government. The father or mother of any child in the custody of the board of children's guardians who is able to support the child and neglects to do so, may be ordered to contribute such sums as in the opinion of the court they are able to pay. PeM%. Prosecutions charging the parents with failure or neglect to sup- port their children may be brought by the prosecuting officer, and punishment for contempt of court may be administered upon refusal to pay the sum determined by the court. 8. GUARDIANSHIP AND SUPERVISION a. Personal. 27 Stat. 269. b. Community. The board of children's guardians is the legal guardian of all children committed to it by the courts. 9, SPECIAL EDUCATION 10. MARRIAGE Void marriages. The marriage of an idiot in the district is illegal and is void from Code, 1285. ° the time it is so declared by the court. 37 DISTRICT OF COLUMBIA II. STERILIZATION 12. DEFECTIVE DELINQUENTS When a person tried upon an indictment or information is ac-]^«"?°|^ ^^ quitted on the sole ground that he was insane (insane includes ^ii*Ji"dfrom1n idiot non compos, and lunatic) at the time of its commission, the^wtaen^^^triai jury must so state in their verdict. When a person is indicted or code 927. charged by an information for an offense, and before trial or after a verdict of guilty, prima facie evidence is submitted that the accused is insane, the court may summon a jury to make inquiry into the insanity of the accused in the presence and under the direction of the court. If the jury finds the accused insane, or if he is acquitted solely on the ground of insanity, the court may certify the fact to the secretary of the interior, who may order him confined in the hospital for the insane, the person and his estate being chargeable with his support in the hospital. The person whose sanity is in question is entitled to his bill of exceptions and an appeal as in other cases. 13. CRIMINAL RESPONSIBILITY Mental dullness, weakness, or incapacity does not excuse a person* ^pp- °- c. from the consequences of crime, unless it is shown that at the time of the commission of the act the person was so mentally impaired as not to be able to distinguish between right and wrong. The law does not recognize emotions and epilepsy as a defense against crime. If reasonable doubt as to mental capacity is raised in a trial, the "> *m- ^- c* accused must be acquitted. Persons acquitted of a crime upon grounds of mental incapacity ^ h. & h. 319. may be remanded to the custody of the marshal of the court, if the court is satisfied that it would be dangerous to permit the person 4 Cr. c. c. 518. to go at large. Persons excused from indictment, trial or punish- 46. ment by reason of mental incapacity and confined in institutions may prosecute a writ of habeas corpus and must be released if re- stored to normal capacity, but they must be delivered to the custody of the court for trial or sentence. 38 FLORIDA Authorities : Constitution of the State of Florida Compiled Laws of Florida, 19 14 I. ADMINISTRATION AND SUPERVISION Commission- a. General. The board of commissioners of state institutions, Constitution, consisting of the governor and the six administrative officers of the executive department, all elected by the people every four years, has complete control and management of the state hospital, state penal institution, reform schools for boys and for girls, blind, deaf, and dumb institute, and supervises the county chain gangs. A secre- tary is appointed by the board but he is not a member of it. Superintend- b. Institutional. The board employs a superintendent, physi- compUed laws, cians, medical attendants, and other persons necessary for the proper management of the state hospital and the properties belong- ing to it. The board prescribes the powers and duties of the superintendent and of all the other employees, and requires of the superintendent a bond with sureties. 2. CARE a. In special state institutions. There is no special state institu- tion for the feebleminded or epileptic. b. In general state institutions. The Florida Hospital for the insane at Chattahoochee cares for non-indigent feebleminded per- sons sent to it by the board of commissioners. c. In local institutions. Harmless, feebleminded persons are cared for in almshouses. 3. COMMITMENT Idiots. a. Persons committed. The superintendent of the state hospital when directed by the board of commissioners of state institutions may receive any idiot whose friends, parents or guardian are able "98. and willing to pay for his care, custody and maintenance. In all such cases, the board of commissioners prescribes the amount to be paid. *'^™™' b. Legal procedure in commitment. When a resident of the state is supposed to be sufficiently devoid of reason to be incapable of self-control, a petition signed by five reputable citizens, not more than one of whom may be a relative of the person, asking that a legal examination be made, may be presented to the county judge or judge of the circuit court having jurisdiction. The county judge or judge of the circuit court to whom the petition is submitted must 1200. FLORIDA without unnecessary delay appoint as an exapaining committee one f^^^^^l intelligent citizen, who is not a petitioner in the case, and two "oi. practicing physicians of good professional standing who are grad- uates of a school of medicine recognized by the American Medical Association, when such physicians reside in the county. This committee must secure the presence of the person, and make a thorough examination to ascertain his mental and physical condi- tion, his age and propensities, also whether he is' indigent or possess- ing available means for his support. If the person, any time prior to the rendering of the decree in the case, applies to the court for permission to contest the charge, the court must appoint a 'hearing. If the accused is indigent and unable to procure the attendance of witnesses in his behalf, the court must summon a reasonable number of witnesses for him at the expense of the county. The examining committee must report its findings to the county Pindin^s. judge or judge of the circuit court, and furnish the information called for in the preceding section, each of the three committeemen signing the report. On- receiving the report of the examining committee, the county Commitment, judge or judge of the circuit court must order the sheriff of the county from which the report is submitted to dehver the person to the superintendent of the hospital. The order of commitment must in- clude a copy of the information and report by the committee and be transmitted by the sheriff to the superintendent of the hospital. When the report of the examining committee shows that the al- '^03. leged defect is chronic, or produced by epilepsy or senility, and that the person does not require confinement or mechanical restraint to prevent self -injury or violence to others, but that he is indigent, the judge must order the sheriff to dehver him to the county commis- sioners of the county where he resides for care and maintenance as by law provided for paupers. But if any responsible person will offer to assume the care and custody of any such harmless person without cost to the state or county, the judge or court may in his discretion so order. c. Voluntary admission. d. Appeal from commitment. Any person detained in custody Habeas corpus, may, by himself or by some other person, prosecute a writ of habeas corpus. e. Cost of commitment. All costs of commitment are paid by the 1304. county unless the patient has sufficient estate, in which case he is liable. 4. CONVEYING PATIENTS TO THE HOSPITAL The superintendent of the hospital must send a nurse or some hospital nurse, suitable person to transport a committed patient to the hospital. FLORIDA 5. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS 7. COST OF MAINTENANCE II9S- Destitute persons committed to the state hospital are maintained at the expense of the state. 8. GUARDIANSHIP AND SUPERVISION Guarfians. a. Personal. County judges have power to appoint guardians for idiots whenever it appears necessary and proper. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE II. STERILIZATION 12. DEFECTIVE DELINQUENTS Personsac- Provision is made for the commitment of persons acquitted of 3992. crime because of insanity (the term insane includes every idiot and non compos). When a person tried for an offense is acquitted by the jury on account of insanity, the jury, in giving their verdict of not guilty, shall state that it was given for such cause, and, if the discharge or going at large of such person is considered by the court manifestly dangerous, it must order him to be committed to jail or otherwise to be cared for as an insane person, or may give him into the care of his friends, on their giving satisfactory security for his proper care and protection; otherwise, he shall be discharged. 13. CRIMINAL RESPONSIBILITY mTcu''"" '^^^ ^^^ presumes that all persons are capable of committing 27 F. 336. crime, and where evidence establishes a criminal act, the accused must raise a reasonable doubt as to his mental capacity if ac- quittal upon that ground is desired. ISV4. GEORGIA Authorities: Park's Annotated Code of Georgia, 1914 Georgia Laws, 1915 I. ADMINISTRATION AND SUPERVISION a. General. There is no state board in Georgia having general supervision or control of charitable institutions. b. Institutional. The state sanitarium is under the management J^'J^'^''^- of ten trustees, appointed biennially by the governor. They re- 'Sti- ceive salaries not to exceed $150 per annum. The trustees have JS72. authority to prescribe all rules and regulations for the management of the institution, to appoint a superintendent, who must be a skill- ful physician, and all the officers, to fix their salaries, and to remove any officer for proper cause. The trustees prescribe rules and regulations in regard to the admission and discharge of insane, epileptics, also idiots, and de- mented inebriates. 2. CARE a. In special state institutions. There is no special institution for the feebleminded or for the epileptic. b. In general state institutions. Both idiots and epileptics as well as insane are committed to the Georgia State Sanitarium at Milledgeville. The statutes require white and negro patients to be cared for in separate departments ; likewise, residents, nonresidents, and convicts. c. In local institutions. Harmless incurables may be cared for in the county poorhouses or otherwise taken care of by the county authorities The poor farms are under the management of the ordinary of each county, who may appoint a commissioner of the poor. 3. COMMITMENT a. Persons committed. All resident citizens of the state who are „ '?J*- . Residents. insane, idiots, epileptics or demented inebriates may be admitted, j|^^- but the superintendent may refuse all harmless idiots and other harmless subjects that do not actually require treatment so long as '599- there are any recent and dangerous cases unprovided for. Nonresi- ""onre^sidents. dent pay patients may be received but citizens of Georgia have the preference when all can not be accommodated and are treated free; no nonresident patients have been admitted for nearly fifty years. GEORGIA ^^ Trial by iury. fe. Legal procedure in commitmeiit. The various laws concerning commitment have been so construed that in practice no patient, white or negro is admitted to the state sanitarium without trial by jury. ^\'6m*'™"'' ^ P^y patient, restrained in the state, may not be admitted unless accompanied by a certificate of three reputable practicing physicians, well acquainted with his condition, or from one such physician and 1603. t-^vo respectable citizens. A pay patient, not a resident of the state, may not be admitted unless producing an authentic record of a conviction by a competent court of a malady which, according to the law of the state, is a ground of admission, or a certificate of physicians '''™y'yj"'^y- endorsed by the judge having jurisdiction. Before or after admis- sion of a pay patient, resident or nonresident, by certificate, the person, or his friend or relative, may demand a trial of the question by a jury, which must be had in the county of Baldwin. In practice, no patients have been required to pay for their maintenance for nearly fifty years. Ne"roes™°' "^^^ Certificate of the ordinary of the county where a negro resides, 1611. of his condition, mental and pecuniary, is sufficient to grant his ad- mission to the hospital. hTneS^of" *^ ^^ ^^^ sworn petition of any person that another is liable to have a guardian. guardian appointed (or is subj ect to be committed to the state sanita- rium), the ordinary after notice has been given to the three nearest adult relatives of such person must issue a commission directed to any eighteen discreet and proper persons, one of whom shall be a phy- sician, requiring any twelve of them, including the physician, to ex- amine the person for whom guardianship (or commitment to the sani- tarium) is sought. The commission must find whether the person is to have a guardian appointed or to be committed to the state sanita- rium, and make return to the ordinary, who must act accordingly. Commitment by Guardians may place their wards in the state sanitarium if such a guardian. ^ ./ ir 3100. course is necessary for their own protection or the safety of others, and a guardian wilfully failing to take this precaution is responsible for injuries inflicted on others by his ward. Commitment by When there is no guardian, or the guardian refuses or fails to con- 3101. fine his ward, and anyone makes oath that the person should not longer be left at large, the ordinary or the judge of the superior court must issue a warrant as in criminal cases for the arrest of the person and after an investigation of the facts may commit him to the state sanitarium, and may have him committed to jail until he can be removed to the sanitariurh. Recommit- ^ patient who is absent for as long as three months, either by 1613- discharge, elopement, or removal by friends, can not be received d,t the sanitarium without going thi-ough the process required by law. 43 GEORGIA c. Voluntary admission. When an application for admission is ^^"■ unattended by tlie requisite evidences, the superintendent of the sanitarium may receive and provide for the person for a reasonable time, provided a sufficient sum is advanced for his maintenance. The trustees of the hospital require, however, that no patient shall be admitted unless all legal requirements have been complied with. d. Appeal from commitment. A trial by jury may be had by all '*'°- patients who have been declared feebleminded or epileptic, if a relative or friend will make an affidavit that he believes the alleged cause of commitment did not and does not exist, and that the convic- tion was obtained by fraud, collusion or mistake. The same right exists, when there is an affidavit that the cause of commitment has ceased to exist, and there is a refusal by the superintendent to dis- charge after demand made. e. Cost of commitment. The expense of commitment proceed- 3094- ings must be paid out of the estate of the person, or, if he has none, out of the county funds. The cost of conveying a patient to the in- stitution is paid in the same manner. 4. CONVEYING PATIENTS TO THE INSTITUTION 5. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS Upon the certificate of the medical officer of the institution, the ''''*■ trustees may discharge or remand to the authorities of the county from which he was sent a patient whose condition is such that no probability exists of his full recovery, and who at the time is re- garded as harmless. 7. COST OF MAINTENANCE The state sanitarium is free to all resident citizens of the state 'sve. who are idiots or epileptics. If the family or friends desire to furnish extra or additional food or other comforts, they may do so under regulations prescribed by the trustees. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The ordinaries of the several counties may apJ3oint 3089. guardians for idiots. The wife in all cases is entitled to preference 3094- in appointment. Any person may petition under oath for the ap- pointment of a guardian. Ten days' notice is given to the three nearest relatives, unless waived by them for good cause. A com- mission is appointed and must include a physician. If the person is found as alleged, the ordinary appoints a guardian. Appeal may be taken to the superior court. (See 3. b. Legal procedure in com- mitment.) b. Community. GEORGIA 44 9. SPECIAL EDUCATION 10. MARRIAGE jp3,_ To contract marriage, persons must be of sound mind. Mental '945. incapacity at the time of the marriage is ground for divorce. II. STERILIZATION 12. DEFECTIVE DELINQUENTS 1614. When a person has been guilty of a capital crime and acquitted on the ground of idiocy and is committed to the sanitarium, he must not be discharged except by special act of the legislature. If the crime is not capital, he may be discharged by warrant or order from the governor. 13. CRIMINAL RESPONSIBILITY io2°Gal6so.^^' ^^ ^* *^® time of the commission of an act a person did not have sufficient reason to distinguish between right and wrong in relation to the particular act, he may not be held guilty or punished for the crime. 45 IDAHO Authorities: Revised Codes of Idaho, 1908 Laws of 191 1 I. ADMINISTRATION AND SUPERVISION a. General. There is no state administrative or supervisory board of charitable institutions. b. Institutional. The board of directors of the state sanitarium J.""? of directors. consists of three persons appointed by the governor with the consent ^^^s of 191 1, of the senate for a term of six years. It elects one of its members '• president and another secretary. No member of the board may participate in any proceedings in which he is personally or financially interested. It must hold four meetings annually at the sanitarium. J|- Funds appropriated by the state are under the direction and control of the board. The board make by-laws for the government of the sanitarium. i7. It elects a medical siiperintendent to hold office during its pleasure, makes necessary improvements, removes inmates in case of necessity, makes regulations for the admission of non-indigents, nonresidents, etc. Each member receives his expenses at the rate of $5 a day, but *<>• not over $100 per annum. The medical superintendent must be a graduate in medicine, and Superintend- must have practised five years. His duties and powers are specified ^i. in some detail and may be further prescribed by the directors. 2. CARE a. In special state institutions. State sanitarium, Nampa; established, 1911, to be opened, 1918. b. In general state institutions. c. In local institutions. 3. COMMITMENT a. Persons committed. All feebleminded residents of the state s^. whose defects prevent them from receiving proper training in the public schools, and all feebleminded epileptic residents of the state whose defects prevent them from properly taking care of themselves, may be admitted to the state sanitarium under such regulations and conditions as the board of directors may prescribe. The board may also admit nonresidents. b. Legal procedure in commitment. Affidavit is made to the*ffl"ia"«- magistrate of the county, who directs a peace officer to arrest the person complained of and take him before any judge of a court of record within the county for examination. The two or more IDAHO 46 34- 35. Examination. 37. Commitment. 38. 39. 41. 43. Discharge. 28. 42. 44. Court may ap- point guardian. Code. 5784. witnesses best acquainted with the person must be subpoenaed to appear and testify, and at least one graduate in medicine must attend. The physician or physicians make personal examination and certify their findings in the form prescribed by the superintend- ent of the institution. The judge, if he believes the conditions of admission complied with, must order the person complained of committed to the state sanitarium. c. Voluntary admission. d. Appeal from commitment. e. Cost of commitment. All expenses are paid by the county un- less the patient has sufficient real or personal property. The judge must inquire into these matters. 4. CONVEYING PATIENTS TO THE INSTITUTION The feebleminded or epileptic person is delivered to the sheriff who must inform the superintendent of the sanitarium by telegraph, if possible; otherwise, by mail. The superintendent sends one or more of his employees to accompany the person to the sanitarium. The governor is notified when the patient arrives. 5. TRANSFER OF PATIENTS If the inmate becomes insane, the superintendent of one of the state hospitals examines him and reports his findings. The board of directors may issue an order of transfer to a state hospital. 6. PAROLE AND DISCHARGE OF PATIENTS Feebleminded or epileptic persons must upon recovery be dis- charged. 7. COST OF MAINTENANCE If more than 1100 is found on the person at the time of his arrest, the excess must be applied to his expense at the sanitarium. If the person has sufficient property for his expenses, his guardian must pay them quarterly in advance. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The judge who commits must make inquiry and appoint a guardian if the person has real or personal property. When it is represented to the probate judge upon verified petition of any relative or friend that a person through any cause is incompe- tent to manage his property, the judge must give five days' not'ce of a hearing. After the hearing he may appoint a guardian of the person and estate. After restoration to capacity, the' guardianship is terminated. b. Community. 47 IDAHO 9. SPECIAL EDUCATION 10. MARRIAGE « Marriage may be annulled if either party was of unsound mind, 2640. unless such party after coming to reason freely cohabits as husband or wife. II. STERILIZATION 12. DEFECTIVE DELINQUENTS Feebleminded or epileptic convicts must be received into the £^°^'^'j=j ^^ sanitarium, and returned to the state prison when cured, in case the''»-ti- sentence at the time of recovery has not expired. 13. CRIMINAL RESPONSIBILITY Idiots are not capable of committing crime and they may not be gpj,n|ibie' '^' held liable for a criminal act if they are able to pjove their incapacity " ^- s**- by evidence sufficient to raise a reasonable doubt. 48 ILLINOIS Authorities: Kurd's Revised Statutes of Illinois, 1915-1916 Laws of niinois, 1917 I. ADMINISTRATION AND SUPERVISION Department a. General. The executive and administrative supervision of all of public wel- ^ . . ' . *"«■ , state institutions for the feebleminded and the epileptic is exercised Laws of 191V, J^ ^ p. 26. by the department of public welfare. The department has all the rights, powers, and duties formerly vested in the board of administra- tion, state deportation agent, state agent for visitation of children, commissioners and wardens of the state penitentiaries and re- formatories, board of pardons, board of prison industries, and board of classification. The department is under the control of a director who is appointed by the governor. He receives a salary of seven thousand dollars per year. In addition to the director, the governor appoints an assistant director, receiving a salary of $4,000, and the following executive officers, all receiving salaries of $5,000 : alienist, criminologist, fiscal supervisor, superintendent of charities, superin- tendent of prisons, and superintendent of pardons and paroles. All officers devote the entire time to their duties during the four-year term, and are bonded in not less than $10,000. The director reports annually to the governor and biennially to the general assembly. Reused ^^ addition to succeeding to all rights and duties of the former ch 85^^' board of administration so far as property rights are concerned, the 5g(^^ department of public welfare regulates the admission of patients 't(i)- to the state feebleminded and epileptic institutions; appoints and removes the superintendents of these institutions and, subject to the civil service law, appoints all employees and fixes their salaries; investigates all private institutions for the care of these classes, makes stated visits to the hospitals for the purpose of inspection and oversight; and holds meetings with the superintendents of institutions and the board of commissioners of public welfare to consider in detail all questions relating to the treatment and care of the feebleminded and the epileptic. ^ubUc "welfare Within the department there is a board of public welfare commis- civiicode°°^'^' sioncrs, composed of five officers serving without salary. The |- board is purely advisory and nonexecutive: its general powers and duties are to consider and study the field, to advise the executive officers of the department upon request, to recommend policies and practices, to give advice and make recommendations to the governor and general assembly, to investigate the conduct of the work of the department and for this purpose to have access to all books, docu- 49 JLLINOIS ments, papers, and records, and to require written or oral informa- tion from any oflScer or employee. The more specific duties of the board are to investigate the condi- S4. tion and management of the whole system of state charitable, penal, and reformatory institutions, including state institutions for the feebleminded and the epileptic; when directed by the governor, to investigate and report to him concerning the equipment, manage- ment, or policy of any state charitable, penal, or reformatory in- stitution; to inquire into the equipment, management, and policies of all institutions and organizations coming under the supervision and inspection of the department of public welfare; to collect and publish annually statistics relating to insanity and crime. All other than state institutions giving treatment and care to ^^'^''^J^j^ persons suffering from feeblemindedness and epilepsy must provide ^|^j|g the department of pubHc welfare with detailed information from'=*'^|5j time to time, regarding their physical equipment and medical and nursing service, and furnish it a certified statement every three months giving the admissions, deaths, and discharges during the previous three months. The department must license such insti- tutions as it deems suitably equipped and conducted, and no person may be committed to or received in any such institution not hav- ing a valid license from the department under a penalty of a fine from $50 to $1,000, or imprisonment for not more than six months, or both. b. Institutional. There are no local boards of trustees. 2. CARE a. In special state institutions. Lincoln State School and Colonj^; Lincoln; established 1865; beds, 1,945. Dixon State Colony, Dixon; established 1913; will open in 1918. This colony is for epileptics who may be committed to it by the court or who may enter it voluntarily. b. In general state institutions. c. In local institutions. The Cook county infirmary cares for a number of feebleminded persons as well as epileptics. 3. COMMITMENT a. Persons committed. A feebleminded person is defined as any F ^S^'^i^"***- person afflicted with mental defectiveness from birth or from an 321. early age, so pronounced that he is incapable of managing himself and his affairs or of being taught to do so, and requires supervision, control and care for his own welfare or the welfare of others or the welfare of the community, but who is not classified as an insane per- son within the meaning of the state law. ILLINOIS 50 Petition. 324- Summons. 345- Temporary detention or guardianship. 326. Examination. 327. Hearing. 328. Report. 329. Order. 332. Habeas corpus. ch.85. 7296. b. Legal procedure in commitment. Any relative, guardian, or conservator, or any reputable citizen may get permission from the circuit, county, or city court to file with the clerk of the court a petition setting forth the circumstances making it unsafe or danger- ous to the welfare of the community for the person to remain at large without supervision. The petition must also include the name and residence — if known — of some one caring for or supporting the person, of someone chargeable with his care, of the parents or guard- ians, of witnesses of the truth of the petitioner's allegations and of some physician acquainted with the case. It must be stated whether a qualified physician has made an examination. Affidavit must be made to the petition and all those named in it are summoned to ap- pear and bring into court the alleged feebleminded. In case any of the defendants are inaccessible, notice is published in a newspaper. At the discretion of the judge the alleged feebleminded person may be taken into custody and detailed (but not with criminals or quasi-criminals) or placed under temporary guardianship. The court may order an examination by a physician or a psychologist. The hearing is held by the court and a commission of two physi- cians, or a physician and a psychologist, residents of the county. Inquiry is made as to want of proper supervision and the mental condition of the alleged feebleminded person. The commission files a written report, upon which the court takes such action as it sees fit. If the person is found by the court to be feebleminded, a guardian may be appointed or he may be placed in a licensed private or in a public institution for the feebleminded. A copy of the order is sent to the superintendent of the institution. 'c. Voluntary admission. d. Appeal from commitment. Appeals are allowed to the circuit court from any order or judgment made or rendered under the act governing commitments upon the appellant giving such bond and security as the court may direct. Every person confined as feebleminded is entitled to the benefit of the writ of habeas corpus, and the question of feeblemindedness must be decided at a hearing. If the judge decides that the person is feebleminded this does not bar the issuance of the writ a second time or whenever it is alleged that he has been restored to reason. If the person is adjudged sane, the court where the inquest was had must, on the presentation of a certified copy of the judgment, re- scind ihe judgment of feeblemindedness. e. Cost of commitment. All expenses of the commitment pro- ceedings are paid by the county treasury, unless the feebleminded person or someone liable or undertaking to maintain him can meet the expense. The court determines who is liable. If the person is 51 ILLINOIS found not to be feebleminded, the court may assess the Costs against the petitioner. 4. CONVEYING PATIENTS TO THE INSTITUTION The judge commands the petitioner or some suitable person to aSend^""** deliver the feebleminded person to the superintendent of the in- 334- stitution. A female must be taken by her husband, father, brother or son; or if by any other man, she must be attended by some mature womafi of good character. 5. TRANSFER OF PATIENTS The procedure for obtaining an order of transfer between public 3«. and private institutions for the feebleminded is the same as for obtaining a discharge. In case a feebleminded person should be transferred to an institu- tion for the insane, the guardian, managers or department of pubhc welfare institutes proceedings. If a person in an institution for the insane should be transferred to an institution for the feeble- minded, the managers or department of public welfare causes steps to be taken to obtain an order of court. 6. PAROLE AND DISCHARGE OF PATIENTS Leave of absence, which must not be for more than two weeks in a P""'*- 330. calendar year, must be approved by the department of public wel- fare; the department must make certain that the patient has proper supervision during his absence. At any time after admission, a feebleminded person, any relative ^ilcharge" or friend, any reputable citizen, the superintendent or the depart- 33S. ment of public welfare may petition the court that made the order ot admission to discharge the feebleminded person, or place him under guardianship. Such order may be made because the person is not feebleminded, has improved so as to be capable of caring for him- self, because relatives or friends are able and willing to supervise- him and no evil consequences are likely to follow his discharge, or on. other grounds. The superintendent must be notified of any such hearing. Any person may have at least one hearing within a year bearing, of commitment and others at reasonable times thereafter. The superintendent must cause an examination of every person admitted and must petition for a discharge or variation of the order of commitment if he finds the person not feebleminded. 7. COST OF MAINTENANCE A feebleminded person or anyone liable or undertaking to main- p**''"'*= *'»'''«■ tain him may be ordered by the court to contribute such sums as are reasonable. ILLINOIS 52 Court may appoint. 331- 332- Jovenile offenders. 311. Persons convicted «f crime. BMyiTaSle fiop crime. l09iIU..S35. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The court may, instead of sending a feebleminded person to an institution, appoint a guardian who has the powers of a father over a child of less than fourteen. The guardian may be removed aft«r a hearing. If the case becomes unsuitable for guard- ianship, the person may be set free or sent to an institution. A guardian so appointed is subordinate to one appointed under "An Act in Regard to Guardians and Wards" or to a conservator. 9. SPECIAL EDUCATION 10. MARRIAGE No idiot is capable of contracting marriage. II. STERILIZATION 12. DEFECTIVE DELINQUENTS The case of a dependent or delinquent child before a juvenile court may be adjourned if it appears to the court on the testimony of a physician or psychologist or other evidence that the child is feebleminded, and the court may direct some officer or other person to file a petition for the child's commitment as feebleminded. On the conviction of any person of a crime, misdemeanor, or viola- tion of ordinances, or on a child being found liable to be sent to a reformatory, training, or industrial school, the court, if satisfied on the testimony of a physician or psychologist or on other evidence that the person or child is feebleminded, may suspend sentence and direct the filing of a petition for the person's comm tment as feeble- minded. 13. CRIMINAL RESPONSIBILITY An idiot may not be found guilty or punished, if at the time of the commission of an act he did not have power to choose between right and wrong. 53 INDIANA Authorities : Burns' Annotated Indiana Statutes, 1914 Laws of Indiana, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The board of state charities is composed of the gov- BoKd of . 1 1 • 1 ■ charities. ernor of the state as ex-oincio member and chairman and six un- statutes, compensated members — three from each leading political party — appointed by him for terms of three years. This board must in- 3666. vestigate and examine into the condition and management of in- stitutions and the officers in charge of them must furnish to it all the information and statistics which it may require. At any time it may investigate the management of any correctional or charitable in- stitution of the state, and must report the result of its investiga- tion to the governor, who must submit it to the general assembly. The judge of the circuit court of any county may and upon the Board oi petition of fifteen citizens must appoint a board of county charities. charWes. These boards are composed of six unsalaried members not more than four of whom shall be men and shall be appointed for terms of three years. At least once each quarter and as much oftener as they think 3677. necessary, the board in each county must inspect the county poor asylums and any other charitable and correctional institutions in the county which receive public aid. It must make a quarterly report to the board of commissioners of the county of the condition 3678. of each institution, and must present annually a report of its work to the judge of the circuit court. It must report to the board of county commissioners any facts in connection with an institution which ought to be known to the commissioners, especially anything injurious to the county or to the inmates of the institution and must suggest remedies for the evils reported. Copies of all its reports and memorials must be sent to the board of state charities. At any time the county board of charities may call upon the state board of charities for advice and assistance. Township trustees are ex-ofScio overseers of the poor and have overseers of the poor. charge of indigent persons who are not provided for in public in- 9741- stitutions. The board of county commissioners has control of 9780, the county asylum for the poor. These commissioners appoint the superintendent of the county asylum for a term of two years. b. Institutional. The school for feebleminded youth is under S""*^ of the general charge and management of a board of four trustees, ap- 343s. pointed by the governor and removable for misconduct or neglect nroiANA 54 3438. 3439- 3442- Superintend- ent. FEEBLE- MIKDED. 3522, a,b. 3S»2. c. EPILEPTICS. 3S6o. 3SSr. of duty. Each trustee must give bond with surety in the sum of $10,000. The term of office is four years; each member receives $300 a year and expenses not to exceed $125. One trustee may be a woman. The Indiana village for epileptics is under the manage- ment of a similar board. Annual reports uniform in character must be made by these boards to the governor. The boards of trustees have legal custody and supervision of their institutions. Members are required to give so much of their time and attention to the affairs of the institution as to insure its efficient management. Each board appoints a superintendent for its institution and may remove him for any cause imparing the faithful and efficient administration of the office, after opportunity has been given him to be heard on written charges. The superin- tendent of the village for epileptics must be a physician with profes- sional experience in a similar institution or in an institution for the insane. Subject to the regulations of the trustees, he may restrain and discipline any patient. All other officers are appointed by the superintendent regardless of political or religious affiliations, on the basis of fitness and all are removable at his pleasure. The annual compensation of the superintendent and number, duties and com- pensation of officers and employees are fixed by the board of trustees. 2. CARE a. In special state institutions. Indiana School for Feebleminded Youth; Fort Wayne; established 1879; beds, 1,427. Indiana Village for Epileptics; Newcastle; established 1905; beds, 393. No provision has yet been made at the institution for the care of female epileptics. b. In general state institutions. Feebleminded and epileptic males acquitted of crime or excused from indictment, trial or sentence are committed to the hospital for the criminal insane. c. In local institutions. 3. COMMITMENT a. Persons committed. The following persons are admitted into the school for feebleminded youth, subject to the rules of the trustees: feebleminded and idiotic children between the ages of six and sixteen, and feebleminded women between the ages of six- teen and forty-five who are not pregnant or helpless and not affected with any contagious or infectious diseases. The latter are received only on commitment by the court. All epileptic persons who have a legal settlement in the state are admissible to the village for epileptics. No hopelessly or violently 55 INDIANA insane person may be transferred to the village for epileptics. Hopeful cases must have the preference in all admissions. The ssfio. number of inmates must be allotted among the counties according to their population, the quota to be apportioned among the sev- eral classes of epileptics in such a manner as the trustees deem for the best interests of the state. b. Legal procedure in commitment. With the approval of the^j^J-^^ county commissioners, application for admission to the school f or '=''>i'*r«°/ feebleminded youth may be made: (1) by the father, if the parents are living together; (2) by the parent having custody of the child; (3) by a guardian duly appointed; (4) by the superintendent of any county poor house or by the person having management of any orphanage or any other institution caring for children. In the case of an adult woman, any person may file in the office ^s^Weminded of the clerk of the circuit court a certified petition. The clerk must <^- summon the woman to appear before the judge not more than ten days later. The judge must ascertain if the person has been served with the notice and is present in court or unable to be present; he must then examine witnesses, among whom must be at least one physician. If the judge finds her a proper subject for the institu- tion, he must commit her. The clerk makes a certified copy of the petition and judgment and a statement of the personal and family history of the woman, and transmits them to the superintendent. The superintendent must notify the clerk of the court when the *■ person can be received. With the notice, he must send a health certificate and a list of clothing to be supplied. If the parents or custodian cannot supply the clothing, it must be furnished by the county at a cost of not more than |20. A reputable citizen may make application under oath, setting epileptics. forth certain specified facts. With his application is filed a certifi- cate of a physician that the applicant is admissible to the village for epileptics under the rules of the board of trustees and is free from infectious or contagious diseases and vermin. Jurisdiction rests with the judge of the circuit court. He appoints two medical examiners who must have had not less than five years' experience and not be related to the person by consanguinity or marriage. They must carefully and separately examine the person and separ- ately certify whether he is subject to epileptic seizures. Additional witnesses may be called. If it appears to the judge that the per- son is afflicted with epilepsy, he must enter an order of commitment and direct the clerk of the court to apply to the superintendent of the village for the person's admission, transmitting copies of the documents. The superintendent must immediately determine INDIANA 56 whether the case is admissible and when there is room he notifies the clerk. afiNDED '^^ Voluntary admission. Any person who wishes to place a child chUdren. jn the State school and will pay all the expenses, may do so under an agreement, rules, and regulations prescribed by the superintend- ent and approved by the trustees. Habeas Corpus, d. Appeal from Commitment. Every person restrained of his liberty may prosecute a writ of habeas corpus, which may be granted by the circuit or superior court. fSISS; e. Cost of commitment. The cost of commitment to the school MINDED. I»:3532. for the feebleminded, including the expense of transportation of persons supported wholly or in part by the state,' is paid by the county, in other cases by the applicant. EPILEPTICS. All expenses incidental to commitment into the village for epilep- tt3s62. tics are paid by the counties. If the patients or parents are unable to furnish suitable clothing it is supplied by the county. 4. CONVEYING PATIENTS TO THE INSTITUTION anND?D Upon receiving notice that the committed person may be ad- 3522 e. mitted, the clerk of the court orders the parent, custodian, or applicant to convey the person to the school. But if they are 3524- financially unable to do as, he directs the sheriff to convey the person. Every woman patient must be accompanied by a woman attendant. EPILEPTICS. The clerk of the court reports the acceptance of the patient to the judge, who instructs the clerk to see that the patient is supplied with proper clothing and issues a warrant to the patient's friend, guardian, parent or representative or to the sheriff to convey the person to the village. No female epileptic may be taken to or from the village unless accompanied by a woman. 5. TRANSFER OF PATIENTS By the Super- Patients may be transferred from the school for the feebleminded mtendent. •^ 3564. or from any state hospital for the insane to the village for epileptics and vice versa upon the agreement of the medical superintendent of the respective institutions. The cases may be referred to the board of state charities for investigation and recommendation. The cost of transfer is paid by the institution making the transfer. Governor '^^® govcrnor may cause the transfer of any ward or inmate of Laws 1917, any penal, benevolent, charitable or reformatory institution to any other state institution, upon the petition of the superintendent or officer in charge. The transfer may not increase the punishment or lengthen the term of servitude. 57 INDIANA 6. PAROLE AND DISCHARGE OF PATIENTS Any pupil of the sckool may be discharged wheii in the opinion of |af|J^_ the trustees further retention will not be beneficial to the pupil or 3541- for the best interests of the school. No person may be discharged from the village until, in the opinion epileptics. of the superintendent, the mental and physical condition of the patient justifies it. 7. COST OF MAINTENANCE The board of county commissioners and the judges of the courts, j^-|jj^ in approving application for admission to the school for the feeble- smUe- minded, must state the financial condition of the patient and the parents. The board of trustees, in accepting the application, must fix the amount to be paid. Private patients must pay $150 a year in advance quarterly pay-statates. ments and furnish all necessary clothing. A smaller amount may be received upon the approval of the trustees of the institution. The amount of expense incurred by the state for the care of epilep- |^feew.e- tic and feebleminded persons is a charge against their property and J|™^^^" estate. The amount must be collected quarterly at a rate not '='•■ 'J'^- exceeding $4 a week. The claim of the state is subject to the prior right of persons dependent upon the estate for necessary support. The superintendent or executive officer, under the direction of the board of trustees, may bring suit against the estate for amounts due. Epileptic and feebleminded persons having legal settlement are ^aws^ 191V, entitled to care in the village for epileptics or the school for feeble- minded youth. Persons whose legal settlement cannot be ascertained become a charge upon the county in which they resided longest during the year next preceding application for admission to an institution. Questions of doubtful legal settlement must be reported to the board of state charities for investigation and decision. Nonresidents may be deported by that board to the place of their legal settlement. Epileptic and feebleminded persons returned from other states ^«^^?^ must be received and cared for by the township overseers of the poor ""* epUeptics. pending admission to a state institution. 8. GUARDIANSHIP AND SUPERVISION a. Personal. Any person may represent to a court having pro- Ippii^tion- bate jurisdiction that any inhabitant of the county is a person of 3101. unsound mind and incapable of managing his estate. The words 3100. "person of unsound mind" mean any idiot, non compos, or distracted person. Theissueis triedby the court or by a jury. The prosecut- ™foj. INDIANA 58 Void marriages. 8360. 1006. 8365. 8367. Comraittee to examine imnates. 2232. Committed as insane. 2177. ing attorney must appear for the person alleged to be of unsound mind and protect his interests. If it is found that the person is of unsound mind, the court appoints a guardian to have the cus- tody of the person and management of his estate. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE Marriage is void when either party is insane or idiotic at the time of marriage. When either of the parties is incapable of contracting marriage from want of understanding, the marriage may on application of the incapable party be declared void by any court having jurisdiction to decree divorces. No license to marry shall be issued where either of the contracting parties is an imbecile, epileptic, of unsound mind, or under guardianship as a person of unsound mind. If persons resident of the state, with intent to evade these pro- visions, go into another state and there have their marriage solem- nized with the intent of afterward returning and residing in the state, and do so, the marriage is void. II. STERILIZATION Every institution entrusted with the care of criminals, idiots, rapists, and imbeciles, must appoint to its staff in addition to the regular institutional physicians, two skilled surgeons of recognized ability. These with the chief physician of the institution must ex- amine the mental and physical condition of such inmates as are recommended by the institution physician and board of managers. If in the judgment of this committee of experts and the board of managers, procreation is inadvisable and there is no probability that the mental and physical condition of the inmate will improve, it is lawful for the surgeon to perform for prevention of procreation whatever operation may be decided safest and most effective. The consultation fee can be not more than three dollars to each expert. 12. DEFECTIVE DELINQUENTS. Provision is made for the care of insane criminals (insane in- cluding idiots and distracted persons). A judge, believing the defendant in a criminal cause appearing for sentence to be insane, must have the question of his insanity determined by a jury of twelve men. If the jury finds him sane, sentence is passed; if insane, the court orders him confined in the hospital for insane criminals until he recovers, when judgment is pronounced. 59 INDIANA Upon certification by the physician of a state prison or reformatory "^^^^i^^^bI^ to the superintendent or warden that a convict is insane, the super- "j"! intendent, or warden, if satisfied of his insanity, must report the case to the governor. Upon the order of the governor, to whom he reports their findings, the superintendent or warden convenes a lunacy commission, made up of a resident justice of the peace and two physicians, to examine the alleged insane convict and report on his condition. Five days before the holding of the examination, the superintendent or warden must notify the next friend or relative of the convict, and the board of state charities. The governor, if convinced that the convict is insane, orders him committed to the state hospital for insane criminals and orders the general superin- 3749. tendent or warden to transfer him. An insane convict receives credit on sentence. credit on his sentence for the time he is under treatment in the state 3754- hospital for insane criminals. 13. CRIMINAL RESPONSIBILITY If the mind of a person is so impaired by mental disease that heiisi"*-*^. cannot resist an impulse to commit crime, or does not have sufficient mental capacity to fully comprehend nature and consequences of an act, he is not criminally responsible. If the entire evidence raises a reasonable doubt as to the mental '35 ind. 308. capacity of accused at the time of commission of the act, he is en- titled to an acquittal. 60 Board of control. Supp. 1913* 3727 a-i. 2727 a-i2. Superintend- ent. 2727 a-96. IOWA Authorities : Code of Iowa, 1897 Supplement to Code of Iowa, 1913 Supplement of 1915 I. ADMINISTRATION AND SUPERVISION a. General. The board of control of state institutions is com- posed of three electors not more than two of whom may belong to the same political party or reside in the same congressional district, ap- pointed by the governor for terms of six years and subject to removal by him. Each member receives a salary of $3,000 per annum and necessary travelling expenses within the state. The board is vested with the managenaent of all state charitable and correctional in- stitutions, replacing the former boards of trustees, and exercises supervisory powers over all county and private institutions for the care of the feebleminded and the epileptic. It appoints for each state institution a quaUfied medical superintendent for a term of four years and may remove him for cause. It fixes the number and salaries of employees, but the employment or discharge of em- ployees is a function of the superintendent. The board must make a biennial report to the governor and legislature. b. Institutional. The superintendent of the colony for epileptics must be a well educated physician with at least five years' experience in the actual practice of medicine. He must oversee and secure the individual treatment and professional care of every patient and keep complete records of the condition of all patients and make notations as to their prospects of recovery. In addition to admin- istrative duties, he has authority to restrain and discipline any patient, subject at all times to the regulations of the board of control. The superintendents must notify the board if there is any question as to the propriety of the admission or retention of any person. 2. CARE a. In special state institutions. Iowa Institution for Feebleminded Children, Glenwood; established 1876; 1,500 beds. State Hospital and Colony for Epileptics, "The Meadows," Wood- ward; established 1914; 250 beds. b. In general state institutions. Feebleminded and epileptic per- sons acquitted of crime are committed to the state hospitals for the insane. c. In local institutions. 61 IOWA 3. COMMITMENT a. Persons committed. Every child and youth within the state |g™j^ between the ages of five and twenty-one years and adults under Code, forty-six years of age may be admitted to the institution for the feebleminded. All epileptics in the state are eligible for admission to the state iuwiemlnt ^' colony and hospital for epileptics. °*2727a-96. b. Legal procedure in commitment. Application for admission peebm^ to the institution for the feebleminded may be made by the '^"^^■^ father, mother, or guardian, or in the absence of such must be made by the board of supervisors or by the county attorney. Each county has a board of three commissioners of insanity, and epileptics. in counties where district court is held in two places there is one such board of commissioners at each place, consisting of the clerk of the ■district court, or his deputy, one physician in actual practice and of 22*^- good professional standing, and one lawyer in actual practice and of good standing, appointed by the judge of the district court. The ^=^3. appointments may be made by the court for terms of two years. The clerk of the board must sign and issue all notices, appointments, warrants, etc., and file and preserve in his office all papers connected with any inquest by the commissioners. The commissioners have cognizance of all applications for admission to the colony for epi- leptics, or for the safekeeping otherwise of persons within their respective counties, except in cases otherwise specially provided for. Applications, directed to the commissioners of insanity, for ad-p^^^^J^^^ mission to the colony must be made in the form of an information, 2^*4. verified by affidavit, alleging that the person in whose behalf the ap- plication is made is believed by the informant to be epileptic, a fit subject for custody and treatment in the colony, and that he is in the county. The commissioners may examine the informant and other ^^^s. witnesses under oath and may require that the person for whom ad- mission is sought be brought before them, providing for his custody meanwhile. Any citizen of the county or relative of the person al- leged to be epileptic may appear and resist the appfication, and employ counsel. The commissioners must appoint some regular practicing physician of the county to make a personal examination of the person alleged to be epileptic. The examining physician must endeavor to obtain from the relatives of the person, or from others who know the facts, answers to prescribed interrogatories, the answers to be attached to his certificate. If the commissioners "^^■ find the person is not epileptic, they must order his immediate ■discharge, if in custody; but if epileptic and a fit subject for •custody and treatment in the colony, they must order his com- mitment to the colony. IOWA 62 Confinement in jails. 2266. EPILEPTICS. Supp. of 1913. 2727 a-96. EPILEPTICS. Code. 2267. FEEBLE- MINDED. Supp. of 1913. 2697. EPILEPTICS. Supp. of 1913, 5". No person who is found to be epileptic may, pending admission to the hospital, be confined in any jail or place of solitary confine- ment, except in cases of extreme violence; and in such a case there must at all times be a suitable person in charge of him. At no time may any female be placed in such confinement without at least one female attendant remaining in charge of her. c. Voluntary admission. Voluntary patients are admitted to the village for epileptics. If such a patient demands his discharge by giving ten days' notice in writing, he may not be admitted again except under a warrant of commitment. When a patient is admitted as sane and afterwards becomes violent or insane, an officer or em- ployee of the institution may make complaint to the board of con- trol, which on the advice of the superintendent, after a hearing, may commit the patient to an institution for the insane. d. Appeal from commitment. On a statement in writing, verified by affidavit, addressed to a judge of the district court of the county in which the hospital for epileptics is situated, or of the county in which any person confined in a hospital has his legal settlement, alleging that he is not epileptic, the judge must appoint a commission of not more than three persons to inquire into the merits of the case one of whom must be a physician, and if two or more are appointed, another must be a lawyer. They must forthwith report to the judge the result of their examination and accompany it by a statement of the case, made and signed by the superintendent. If the judge finds the person not epileptic, he must order his discharge; if the contrary, he must authorize his continued detention. The applicant must pay the costs of the inquiry if the judge finds that the application was made without probable ground. A commission of inquiry may not be repeated oftener than once in six months in regard to the same person, nor may a commission be appointed in the case of any patient within six months of the time of his admission. e. Cost of commitment. The cost of commitment, clothing, and transportation to the institution for the feebleminded, if paid by the state, is charged to the county if the parents or guardian are unable to pay. The expenses of the arrest, care, investigation, and commitment of an epileptic person without a legal settlement including the costs of appeal, if one is taken and the person is found. to be epileptic on appeal, are paid in the first instance by the county in which the per- son is found to be epileptic. If he has a legal settlement in another county of the state, the expenses are to be paid by that county. If the person has no legal settlement within the state, the expenses are paid by the state. 63 IOWA 4. CONVEYING PATIENTS TO THE INSTITUTION Unless the patient or some one in his behalf appeals the case ^J'J^^^''^^- to the district court, the commissioners of insanity must direct the "^^ sheriff to deliver him to the village together with all the documents in the case, or may appoint some other suitable person. No female may be taken to the village without the attendance of some other female or some relative. The superintendent, in his acknowledg- ^™|J« «*- ment of delivery, must state whether there was any such person in attendance. Any relative or immediate friend of the patient, who is a suitable person, has the privilege of executing the warrant in preference to the sheriff or any other person. 5, TRANSFER OF PATIENTS The board of control has full power to transfer epileptics to and ®"'!?2-°aoS'.'^' from any state hospital or other institution under its control. '• 6. PAROLE AND DISCHARGE OF PATIENTS Any inmate of the institution for the feebleminded or of the colony ^*'*- for epileptics may be returned to the parents or guardian by order of the board of control. A .voluntary patient in the village for epileptics may obtain his discharge by giving ten days' notice in writing, but he cannot be admitted again except under a warrant of commitment. 7. COST OF MAINTENANCE The state supports inmates of the institution for the feebleminded JMS^ ^^ MINDED. at the rate of thirteen dollars a month. 2700. The rate for the support of epileptics may not exceed $15 per epileptics. capita a month, this amount to be paid by the patient's estate or by the county. 8. GUARDIANSHIP AND SUPERVISION a. Personal. Petition may be made to the district court that 3219. any inhabitant is an idiot or of unsound mind. If the allegations are proved on trial, the court may appoint a guardian of his prop- a^^o- erty. Either party may obtain trial by jury. b. Community. 9. SPECIAL EDUCATION Each county superintendent of schools must report annually to ^'39. the institution for the feebleminded, all persons of school age en- titled to admission because of mental defect. ' ■ iOWA 64 10. MARRIAGE 3182. ^ marriage may be annulled if either party was idiotic at the time of the marriage. Eiamnation of Whenever the superintendent of any state hospital for the insane II. STERILIZATION rintendent of any state 1 s«pp-o£i9i5. and a majority of his medical staff agree that it is for the best inter- ests of the patient and of society, they are authorized to have performed or to perform the operation of sterilization on any patient confined in the institution who is afflicted with insanity, idiocy, imbecility, feeblemindedness, or syphilis; provided, that the ap- proval of the board of control is secured as well as the written consent of the husband or wife, or the parent, guardian, or next of kin. The board of control must report annually to the governor concerning all operations under this act, which report must include observations and statistics regarding its benefits. A fine of $1,000, a year's imprisonment in the penitentiary, or both, is provided in case any operation for sterilization is performed not authorized by this act, except in a case of medical necessity. 12. DEFECTIVE DELINQUENTS Commitment of Provision is made for the commitment of insane criminals (insane Prisoners. . _ ^ 23V9- includes feebleminded and epileptic). On a sworn application made by any citizen stating that a person confined in any prison within the county charged with a crime, but not convicted thereof nor on trial therefor, is insane, the commis- sioners of insanity must have the prisoner brought before them, and if they find that he is insane, they must direct his removal to one of the hospitals for the insane, and the superintendent of the hospital designated must receive and keep him as a patient. After an in- vestigation such as contemplated in this section, the commissioners may not entertain a like application within six months on behalf of RecoTery. the Same person. When any insane person is thus confined, the superintendent, as soon as such person is restored to reason, must return him to the jail of the county from which he was received. Criminals in the A convict Confined in either of the state penitentiaries who be- penitentiary. ^ ^ 5709. comes insane must be confined in the department for the insane at the state penitentiary until he has served out his sentence or is pronounced cured, in which latter event he must be held in the peni- tentiary to serve out his unexpired Sentence, jnyeniies. xhe judge of a juvenile court may commit a dependent or neg- lected child under sixteen years to any suitable institution, but only during his minority. 65 IOWA 13. CRIMINAL RESPONSIBILITY Persons committing an act while suffering from a mental dis- 46 1.88. ease which renders them unable to comprehend the nature and consequences of the act or overpowers their will, may not be held liable for punishment. The law presumes all persons to have sufficient mental capacity d^|^"°* and responsibility to be capable of crime. The presumption must be ">» i- *so. overthrown by a preponderence of the evidence. 66 Board of control. General Statutes. 7894. 7899. 7902. 7918. 7933. 7943. 4. 8493. 8449. 7939. 7917. 8504. Business manager. Laws of 1917. ch. 297. General statutes. 7903. 7904. 7906, 7908. 7914. 79IS. Women visitors. 7907. KANSAS Authorities: General Statutes, 1909 Laws of Kansas, 1911, 1913, 1915, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The board of administration of state charitable institutions is composed of three members appointed by the governor with the approval of the senate for terms of four years. Each mem- ber receives a salary of $3,500 per annum and actual traveling expenses. The board elects its own officers and has full power to manage, control, and govern the institutions under its jurisdiction. The board, with the consent of the governor, has power to appoint officials. The removal and determination of the salaries of officials, and erection of all buildings, after the money has been appropriated, is left to the direction of the board. The board of administration administers and enforces the laws relating to the feebleminded and the epileptic and their treatment in or out of institutions, and has power to make rules and regula- tions in regard to the licensing, visitation, and inspection of private institutions; the forms to be observed in regard to the commitment, transfer, custody and discharge of inmates; the reports, accounts and information to be furnished by the superintendents and other executives. The board receives applications for admission and as- signs the applicants to the proper institutions. Refusals and inabil- ity to grant applications must be transmitted to the legislature. Rates to be charged for private patients cared for in the state hospital for epileptics are fixed by the board. A state business manager must be employed by the board, at a salary fixed by it; the present salary is $5,000. With the advice of the board, he has full authority to manage and control all state institutions under the authority of the board, and to pur- chase all supplies required by such institutions. It is the duty of the board to visit and inspect, without notice, the institutions at least once every three months; and the board or some member must visit each institution, without notice, at least once a month. Every inmate of each institution must be seen by the board or some member upon each visit. The board must make an annual settlement and meet in conference as often as necessary with the officers of each institution. The board must make an annual report to the governor and a biennial report to the legislature. The governor may appoint two suitable women to visit the state institutions and report their condition to him and to the state board of administration. The governor may request two members of the 67 KANSAS state board of health to visit the institutions and report to him upon^isjtebythe the physical condition of the inmates and the sanitary condition of health, the premises. No person or physician may establish a private hospital for the Private care or treatment of epileptic or feebleminded persons for compensa- 8493. tion without first obtaining a license from the state board of adminis- tration. The application for it must be accompanied by a plan of the premises to be occupied. Before granting any such license, the board must have visited the premises to be licensed. The board 8494- may make such terms and regulations in regard to a hcense as it deems necessary, and may revoke the license of any private hospital or institution for due reasons. Conducting a private 849s. hospital or institution without a license is a misdemeanor punish- able by a fine of ten dollars for each day the institution is carried on in violation of law. The county attorney of the proper county must proceed against the offender. The state board of administration 8498. appoints competent physicians to examine and pass upon the need for treatment or restraint of persons applying for admission to private hospitals, and the results of the examinations are trans- mitted to it. b. Institutional. There are no local boards of trustees. The superintend- ent. board of administration, with the consent of the governor, appoints 7918. the superintendents and minor officers of the institutions for the 7932- feebleminded and the epileptic. A superintendent must have had at least two years' experience as superintendent of a similar insti- tution or be a specialist in nervous diseases. Subject to the rules and regulations of the board of administration, he has personal charge and supervision over his institution, appoints his assistants row. and employes, their number and compensation being fixed by the 8455. board. The superintendent must make daily reports of the num- ber of additional inmates that can be accommodated at the institu- tion, and must make an annual report to the board of administration and any other reports that may be requested. The superintendent has power to restrain any inmate when B,estramt c IT ./ of inmates. necessary for his welfare and the proper conduct of the institution. 845|. If an inmate is released upon a writ of habeas corpus and any expense falls upon the superintendent, he must be reimbursed by the board of administration out of the current funds of the institution. 2. CARE a. In special state institutions. State Home for Feebleminded, Winfield; established 1881; 700 beds. State Hospital for Epileptics, Parsons; established 1903; 560 beds. KANSAS 68 Lawsof 1911, Ch. 299. I. General statutes. 8477. SS62. SS64. SS74- FEEBLE- MINDED. 8448. 4746. 8450. 7958. EPILEPTICS, 8S03. 4746. 79S8. FEEBLE- MINDED. 8449. 7916. EPILEPTICS. 8S04. To private hospitals. 8498. b. In general state institutions. Dangerous feebleminded and epileptic persons are committed to tlie hospital for the dangerous insane, which is under the control of the board of prison directors. The physician of the state penitentiary is its medical superintendent. c. In local institutions. County asylums care for feebleminded and epileptic persons who cannot be received by the state hospitals and schools. The county asylums are controlled by the county commissioners, who appoint the superintendents and physicians and may annually select a board of visitors. 3. COMMITMENT a. Persons committed. All idiotic and imbecile youths who have been residents of the state for six months and are not over fifteen years of age and are incapable of receiving instruction in the common schools, may be admitted to the state home for the feebleminded. If the capacity of the institution permits, persons of greater age and residents of other states may be admitted. No per- son afflicted with contagious, infectious, or loathsome disease, whose presence is dangerous to the health, morals or safety of the inmates, is admitted to the institution for the feebleminded. Epileptics, sane or insane, who have been residents of the state for six months may be admitted to the state hospital for epileptics. No epileptic person afflicted with contagious, infectious, or loathsome disease whose presence is dangerous to the health, morals, or safety of the inmates is admitted to the institution. b. Legal procedure in commitment. The state board of adminis- tration publishes instructions and prescribes forms for admission to the state home for the feebleminded. The forms are given to any person applying for them and must be sent to the probate judges of the counties. Applications for admission are made to the board of administration, which assigns the applicant to the proper institution. The state board of administration is required to make and establish such rules and regulations as it considers necessary for the admission of sane or insane epileptics in the state hospital for epileptics. c. Voluntary admission. Private institutions may receive epi- leptics upon application, accompanied by a certificate of a qualified physician upon the forms prescribed by the board of administration. The certificate, report and application must be signed by the patient or a friend and attested by an ofiicer authorized to administer oaths. d. Appeal from commitment. (See 6. Parole and discharge of patients; habeas corpus.) 69 KANSAS e. Cost of commitment. The person making application must Jo private pay the cost of commitment to private hospitals, and no county 8498. in which a private hospital is located is liable for the costs or ex- penses incurred in the commitment of any inmate to a private hospital. 4. CONVEYING PATIENTS TO THE HOSPITAL S. TRANSFER OF PATIENTS When persons are ehgible to more than one institution, the^J,^^ board may assign them to such institutions as are best adapted to ^aws of ion. accommodate them. Feebleminded persons with homicidal tend- ^^- ^99- - encies may be transferred to the hospital for the dangerous insane. The board of administration has full power to transfer and ^glj;?'^'''''^^ retransfer any patient to the hospital for epileptics or to any other f^'^^gl hospital or institution under the control of the board. Epileptics ^^'^^''^'S"' with homicidal tendencies may be transferred to the hospital for the 3- dangerous insane. 6. PAROLE AND DISCHARGE OF PATIENTS A writ of habeas corpus may be prosecuted by anyp erson who, elnlrlJ""*™"' under any pretense, is restrained of his liberty. ^*ft?8^^" The state board of administration may discharge any inmate of a feeble- feebleminded institution if, upon complaint, the board finds that By the board.) the inmate is improperly cbnfined or wrongfully detained. The superintendent of the state home for the feebleminded, ^y^^^^p^'"" is required to parole or discharge any inmate whenever he is of the ^tss. opinion that it is to the best interests of the inmate. Any inmate, or any relative or friend of the inmate, may apply ^^*'i|'?"'^ at any time in writing to the superintendent for his discharge. If the superintendent refuses, after the expiration of ten days from the time of the making of the request, application may be made to the probate court of Crowley county, and the court determines whether or not the discharge of the inmate would be for his best interests. Application for the discharge of inmates from private iiistitu-^™'^^^™'^ tions may be made in the same manner. If refused, application ^*S9- may be made to the probate court of the county in which the hos- pital is located. The board of administration is required to make rules and regula- epileptics. tions for the discharge of inmates of the hospital for epileptics. Any inmate, or any relative or friend of the inmate, of any private ^JHtSl'*'* institution for epileptics may at any time apply to the superintend- ^499. ent for a discharge. If refused, application may be made to the KANSAS 70 probate court of the county in which the institution is located, and the court determines whether or not the discharge of the inmate would be for his best interests. FEEBLE- MINDED. 8459. 4850. Non-residents. 8430. EPILEPTICS. 4830. 8505. Court]of probate may 'appoint. Lawsof 1917, ch. 165. Age require- ments. Laws of igis, Ch. 239, I. 7. COST OF MAINTENANCE The expense of the maintenance of any inmate in the state home for the feebleminded may be recovered from the guardian of his estate, from the father or mother of the inmate, or may be paid out of the state treasury. The state or the county may at any time maintain an action for the recovery of the cost of maintenance, care, clothing, and funeral expenses against those bound to provide for and support the inmate. For patients received by the state home for the feebleminded who are residents of other states, the state board of administration is required to charge and receive for the institution a fair rate of compensation, to be fixed by the trustees. The state or the county may recover the cost of maintenance, care, treatment, clothing, and funeral expenses of any inmate of the hospital for epileptics from the estate of the inmate or from any person bound by law for his support and maintenance. The state board of administration must report and transmit to the treasurer of the state the money received or recovered on de- faulted bonds for the care of epileptic persons. A duplicate re- port must be sent to the state auditor. The money so paid into the treasury constitutes an appropriation for the use of the board in the management of the hospital and may be drawn upon by war- rants issued by the auditor. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The probate court, upon receiving information in writing, verified by an affidavit, stating that a resident of the county is an idiot, imbecile, or feebleminded person, and that a guardian for the person or his estate is necessary, maj' cause the facts to be inquired into by a jury, if satisfied that there is good cause, and may appoint a guardian for the person if he is found to be in need of one. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE No woman under the age of forty-five years or man of any age, except he marry a woman over forty-five years, either of whom is epileptic, imbecile, or feebleminded, may marry any person within the state. 71 KANSAS Persons born of feebleminded or epileptic parents may not marry Jgje^^""' except under the provisions above stated, unless the parent or£|^°^s- parents of the children had been discharged from the hospital as ^i- 239. cured, more than nine months before the birth of the child, and remained cured for a period of twenty years after the discharge. It is unlawful for any officer to issue a marriage license to, or for^^"*^^" any clergyman or officer to solemnize the marriage of any feeble- o''P«rf<>™ minded or epileptic person who is prohibited by law from entering g^^fl^ into a marriage contract. Any person knowingly violating the law 4869. is subject to a fine or imprisonment, or both. 4871. When either of the parties to a marriage is incapable, for want of Afmuiiment ^ , or marriage. understanding, of contracting the marriage, it may be declared void 6^72. by the district court, but only upon the action of the incapable party. Either party, however, may bring the matter before the court for determination under the statute providing for actions for divorce. Cohabitation after the incapacity ceases is a sufficient defense to the action. II. STERILIZATION The board of administration, the chief medical officers of the in- Exainming ^ ^ ^ ^ board. stitutions caring for the feebleminded and the epileptic, and theJfwsofi9i7, ° r- r- ; ch. 299. secretary of the state board of health constitute the board of ex- aminers. Examination must be made upon the recommendation of the superintendent. Notice of the hearing must be given to the inmate, his relatives or guardian, and members of the board. If the board determines that the mental or physical condition of the inmate would be improved or that procreation by the inmate would be likely to result in defective or feebleminded children with criminal tendencies, and that the condition of the inmate is not likely otherwise to improve, it may order an operation for the prevention of procreation to be performed. 12. DEFECTIVE DELINQUENTS A hospital for the dangerous insane to which idiots, imbeciles, ^jw'^s of 1911, and epileptics may be transferred and committed is maintained at '• the state penitentiary. Any inmate of a home for the feebleminded or the epileptic who ^{"^^ "™" is found by the state board of administration to have homicidal i;™s of ign, . Ch. 299, tendencies, or is under indictment or information, or whose pres- 3- ence is dangerous to the other inmates of the institution, may be transferred to the hospital for the dangerous insane. A person under indictment or information or upon trial who isPf"<>°| .,. ^ _ ^ charged with found by the court, commission, or a jury empaneled for the purpose "™s- j to be an idiot or an imbecile and unable to make a defense must be 01.299. 4. committed by the court to the hospital for the dangerous insane. KANSAS 72 Upon recovery, the patient must be returned to the court to be placed upon trial. SSidliSnd Idiots and imbeciles acquitted of a crime by reason of their in- Lawsotipii, firmity must be committed by the court to the hospital for the dan- s' gerous insane. No such person may be liberated from the hospital except upon the order of the court that made the commitment and upon a certificate in writing from the superintendent to the court, stating that in his opinion the person is wholly recovered and that no person will be in danger by his discharge, costof transfer. The expense of the transfer of any person to the hospital for Laws of 191 1, ^ J f jr cii^299, the dangerous insane must be paid out of the estate of the inmate or by relatives bound by law for the maintenance, or out of the funds of the institution. Costof The cost of the proceedings resulting in the commitment of commitment. jr o o Lawsof 1911, epileptic or feebleminded persons charged with a crime, transporta- fi- tion, and clothing must be paid out of the estate of the person, or by relatives bound by law for his maintenance, or by the county. 13. CRIMINAL RESPONSIBILITY iTKisel! Persons who are not possessed of sufficient mental capacity to 79 k! 533! understand the nature and quality of the particular act or acts constituting a crime, may not be held liable for a criminal act. But if the person has sufficient mental capacity to know whether the act is right or wrong, he may be held responsible for his act, regard- less of his capacity in other particulars. If the jury entertains a reasonable doubt as to the person being of sound or unsound mind, ii:ch.299, an acquittal must be returned. If acquitted upon the ground of epilepsy or feeblemindedness, the jury must so state in the verdict, and the person must be committed to the hospital for the danger- ous insane. 73 KENTUCKY KENTUCKY Authority: Statutes of Kentucky, 1915 I. ADMINISTRATION AND SUPERVISION a. General. The state board of control consists of four members, of^on^o""* two from each of the two leading political parties, appointed by the sms- governor for a term of four years. Members of the board must be at least 25 years old, and have been citizens of the state for the last five years preceding their appointment. A bond of $2,500 is re- *'"'• quired of each commissioner. Each member receives a salary of $2,500 a year and his necessary traveling expenses. The board has under its control the three state hospitals for the ^^*^- insane and the feebleminded institute. It must hold regular meet- ings at each of the institutions at least once in each month, and make a thorough examination of the affairs, management, property, cloth- ing, food, supplies, condition of buildings and grounds, and the conduct of every oSicial and employee, of which it must make a complete record, together with such rules and regulations as it may give. The board must ascertain whether the objects of the in- stitutions are being properly accomplished and the laws in relation to them fully complied with, and make an annual report to the gov- ernor and a biennial report to the governor and general assembly. The board appoints, for a term of four years, a superintendent "'"^' and a stew'ard at each of the institutions under its control. For cause stated in writing, it may remove these officers but they have the right of appeal to the governor, who may reinstate them. b. Institutional. There are no local boards of trustees. The ^"'*™'^''**°'- superintendent of the institution for the feebleminded, who must be a skillful physician entitled to practice medicine under the laws of the state, and who has practiced his profession for at least three years, has power to appoint and remove subordinate officials, and has the general management, supervision, and control of the patients, subject to the regulations of the board. 2. CARE a. In special state institutions. Kentucky Institution for Feebleminded Children, Frankfort; established 1860; 400 beds. b. In general state institutions. Feebleminded or epileptic per- sons are not admissible to the state hospitals for the insane. c. In local institutions. Each county must provide for the care isa- of its feebleminded and epileptic residents in the county poorhouse. The poorhouses are under the control of the county courts. KENTUCKY 74 Subsidy, 364- Sequirements. 368. Hearing. 2156. 21S7. 268. 269. 2l7ab. 33. 268. From state hospital. 25- From feeble- minded in- stitution. 268. 270. d. In families. The state pays $75 annually to the committee of every person who is adjudged by the jury of the circuit court to be a pauper idiot. 3. COMMITMENT a. Persons committed. Children between six and eighteen years of age whose mental condition is such that in the judgment of the superintendent they may be taught to read and write or be trained to work, may be admitted to the institution for feebleminded child- dren. b. Legal procedure in commitment. Proceedings must be brought in the circuit court. Personal presence of the alleged feebleminded person may not be dispensed with unless two regularly practising physicians make oath or affidavit that the person is an idiot and that it would be unsafe to bring him to court. The judge may set aside their verdict and order a new inquest. A copy of the inquest must be sent to the superintendent. c. Voluntary admission. d. Appeal from commitment. e. Cost of commitment. If the parents, guardian, or person send- ing a child to the institution are able to do so, payment of the cost of commitment and expense of conveyance must be made by them. 4. CONVEYING PATIENTS TO THE INSTITUTION The judge notifies by wire the superintendent, who sends a com- petent attendent for the patient. The expense of transportation is borne by the state if the parents, guardian, or person are unable to pay. 5. TRANSFER OF PATIENTS. If at any time it appears to the state board of control that any inmate of the feebleminded institution is a proper subject for treatment in an institution for the insane, it must, with the advice and consent of the superintendent and approval of the governor, transfer the person to one of the state hospitals. 6. PAROLE AND DISCHARGE OF PATIENTS All pauper idiots and epileptics must be discharged by the state hospital in which they may be confined, to the county from which they were sent and delivered into the custody of their friends, or to the county judge, or to the mayor of Louisville (if residents of that city) . The board of control acts with the superintendent as a com- mission on cases that are proposed for return. The superintendent of the institution for the feebleminded, with the consent of the board of commissioners, must return to the county judge after reasonable notice to him, all pupils whose further 75 KENTUCKY education and training would not prove beneficial to the state. No child may be kept or maintained at the institution after he has arrived at such age and mental condition as to be able in the judg- ment of the superintendent and board to provide for himself. 7. COST OF MAINTENANCE Every parent, guardian, or person sending a child to the institu- ^^o. tion for the feebleminded must pay whatever sum he is able toward the child's support; the total amount to be paid is the same as that paid by the state for the support of an indigent child, $155 per annum. No allowance is made by the state for the maintenance of any person under the age of eight years or for one enfeebled only at times by epileptic fits or other malady. The state pays to the 3*4. committee of each pauper idiot, the sum of seventy-five dollars. 8. GUARDIANSHIP AND SUPERVISION a. Personal. If it is found upon inquest that the person has an committee, estate, it is the duty of the judge to appoint a committee. Pauper ^'*4. idiots may be committed to the custody of a committee or of another person if, in the opinion of the court, they can be kept in the county safely and properly. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE Marriage with idiots is prohibited, and penalties are provided for '"st- issuing marriage licenses or solemnizing such marriages. II. STERILIZATION 12. DEFECTIVE DELINQUENTS 13. CRIMINAL RESPONSIBILITY Weakness of the mind which results in such defect of reason as to ''5"l'^" ■ 1 1 Q3K.630. render the person incapable of knowing right from wrong excuses one from criminal liability. The incapacity must be shown by a preponderence of the evidence. 76 LOUISIANA The statutes make no mention of the feebleminded or of the epileptic, but The National Committee for Mental Hygiene is in- formed that, on January 1, 1917, there were slightly more than one hundred patients of each of these two classes who had been admitted and were being cared for in the two state hostpials for the insane. 77 MAINE Authorities: Revised statutes of Maine, 1916 Laws of 1917 I. ADMINISTRATION AND SUPERVISION a. General. The board of charities and corrections consists oi^^^^^^ five persons, at least one of whom must be a woman. The members i^fg^JJC"^' are appointed by the governor, with the consent of the council, for ^^^j- terms of five years. They serve without compensation but receive their travelling expenses. The board approves all rules and regulations governing the ad- 3- ministration of state institutions. Meetings must be held quarterly s- and oftener if required. Yearly inspections must be made of each institution by a member of the board or an agent. Biennial reports must be made to the legislature, and quarterly reports to the governor. b. Institutional. The school for feebleminded is under the^°|J^g°' management of a board of seven trustees, one of whom must be a ch- '-ts- woman, who are appointed by the governor with the advice and consent of the council, to hold office during the pleasure of the governor and council, but not for more than four years under one appointment. In addition to the general care and management of the school, ^-a- the trustees are authorized to establish by-laws for its internal government and economy and to appoint a superintendent, steward and treasurer, subject to the approval and to hold office during the pleasure of the governor and council, and all other necessary ofiicers. The school must be visited once each month by two of the 4- trustees, quarterly by three and annually by a majority. They naust hold an annual meeting and report to the governor and the the council. 2. CARE a. In special state institutions. Maine school for Feebleminded, West Pownal; established 1907; 282 beds. A few epileptics are admitted to the school. b. In general state institutions. Feebleminded and epileptic criminals and those acquitted of crime are committed to the insane •department of the state prison. c. In local institutions. MAINE 78 Age require- ments. 47- Order of Ad- mission. SI. Judge of probate may commit. 49. To the Supreme Court. 50. 3. COMMITMENT a. Persons committed. The school for feebleminded admits idiotic and feebleminded males between the ages of six and forty and females between six and forty-five. Feebleminded state paupers of either sex may be admitted at a later age. A few epileptics are admitted to the school. All idiotic and feebleminded persons supported by towns, who in the judgment of the municipal officers of the towns or state board of charities are capable of being benefitted by school instruction, if six years of age or upward, may be admitted in this order: (1) those in public institutions supported entirely at pubhc expense; (2) those in public institutions not so supported; (3) those not in any institu- tion who have no parents, kinsmen, or guardians able to provide for them but who are committed by a judge of probate; (4) those residing in the state whose parents, kinsmen, or guardians are able to pay for them; (5) persons of other states whose parents, kinsmen, or guardians are willing to pay the cost of maintenance. b. Legal procedure in commitment. The judge of probate for any county may commit a person to the school for feebleminded. The judge must state that the person committed is resident in the county or is an inmate of the industrial school for girls, the state school for boys, the Bath military and naval orphan asylum, or is supported by a town. Application must first be made to the trustees of the school, and the agreement of the superintendent to admit the person when committed must be obtained. The judge may then secure the certi- ficate of two graduate physicians who have practiced three years in the state, and make the commitment. c. Voluntary admission. d. Appeal from commitment. The order of commitment is subject to appeal to the supreme court, in the same manner and to the same extent as in the appointment of guardians. No committal may bar habeas corpus proceedings. e. Cost of commitment. All expenses of commitment are paid by the county. From the reformatory for women. Laws of 1917, Ch. 88. 4. CONVEYING PATIENTS TO THE INSTITUTION 5. TRANSFER OF PATIENTS Whenever an inmate of the reformatory for women is in the opinion of the superintendent a fit subject for the school for the feebleminded, the matter must be reported to the reformatory physician, who must examine the inmate and report to the superin- tendent. The superintendent must apply to the court for an ex- amination of the inmate and for commitment. 79 MAINE The judge must give notice of the hearing to the inmate at least 24 hours before the appointed time. A guardian ad Utem must be appointed and two physicians must give evidence and certify as to the condition of the inmate. If the inmate is adjudged feebleminded, commitment to the school must be made and admission must be granted when there is room in the school. A copy of the proceedings must accompany the order of commitment. A transfer may be made between the state hospitals and the school ^^^^^ for feebleminded by the board of trustees. The expense of transfer R^e* is borne by the person liable for the patient's board. ch. 14s, 6. PAROLE AND DISCHARGE OF PATIENTS Any inmate of the school may be discharged by a majority of the i^scharge. trustees, or by a justice of the supreme court when further detention in his opinion is unnecessary. 7. COST OF MAINTENANCE All indigent and destitute inmates who have no parents, relatives, f^^tor** or guardian liable for their support, are maintained by the state. ■■^'^''™=- Persons from other states are admitted upon payment of not less than 13.25 a week. 8. GUARDIANSHIP AND SUPERVISION a. Personal. Guardians may be appointed for persons of un-'^""^™*^ •J srjr jr appoint. sound mind who by reason of mental incapacity are incompetent cii- 72, to manage their own estates or protect their rights. A written ap- plication may be made to a judge of probate by any friend, relative, creditor, municipal officer, or the overseers of the poor of the town. A time for the hearing is set and fourteen days' notice is given to the person for whom the guardian is requested. If the person is judged incompetent, a guardian is appointed. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE No feebleminded person or idiot is capable of contracting marriage, ct.^o."* '''^' II. STERILIZATION 12. DEFECTIVE DELINQUENTS Feebleminded and epileptic criminals are subject to the laws relat- ing to the criminal insane. When a person indicted for an offense or committed to iail on a^^fsons ^ *■ making plea. criminal charge makes a plea of mental defect, the justice of the°'^^«°tai court before which the case is to be tried may order him sent to one f^^^g^ of the hospitals for the insane for observation and report by the '^'»- '39- MAINE 80 Persons acquitted because of mental defect. Persons convicted, though defective. 7. Transfers. Ch. 139. Examination of Convicts. Superintendent of the hospital. When the grand jury omits to find an indictment against a person by reason of his mental defect, they must so certify to the court; and when a traverse jury for the same reason acquit any person indicted, the court may commit him to the insane department of the state prison. Any person thus committed must be discharged by the court having jurisdiction of the case only on satisfactory proof that he will not endanger the peace and safety of the community. Upon proof that such person has again become dangerous, any justice of the supreme judicial court may recommit him. If a person convicted of any crime, in the supreme judicial court or in either superior court, is found mentally defective when motion for sentence is made, the court may commit him to the insane department of the state prison, if the crime is punishable by imprisonment in this institution. If, at the expiration of the period of commitment to the insane department of the state prison, the person has not recovered, he must be transferred to the institu- tion for the feebleminded. Mentally defective persons transferred from the insane depart- ment of the state prison to the institution for the feebleminded upon satisfactory proof that such detention in such institution will have a bad influence on the other patients, may be returned by the order of the governor and council. The governor must appoint in each county a competent physician, a resident of the county, to act as an examiner of convicts in the county jail of the county. When a convict in the state prison or the county jail is mentally defective or a convict whose sentence has expired is there detained as mentally defective, the prison physician and the examiner in the county must be notified and must investi- gate the case. If the convict or person detained is found to be mentally defective, the warden or keeper of the jail must apply to the proper court for a decree. If after hearing the sworn evidence of at least two reputable physicians not in the employ of the state prison or other state jails, the judge determines that the convict or person detained is mentally defective, he must commit him to the insane department of the state prison. The certificate of the judge stating the town in which the prisoner or person detained resided is sufficient evidence to charge the town for the expenses of his sup- port, if he is detained after the sentence on which he was originally committed would have expired, but when his friends or others file a bond with the treasurer' of the institution in which he is confined, such town is not liable for his support. If a person so committed is discharged before the expiration of the term of the sentence on which he was originally committed, he must be returned to the prison and serve out the remainder of his original sentence. 81 MAINE A friend of any person adjudged to be mentally defective and com- ^^^^^^^ mitted to the insane department of the state prison under the fore- going proceedings, who believes him to be unreasonably detained, may apply in writing to any justice of the supreme judicial court, who must inquire into the case. 13. CRIMINAL RESPONSIBILITY Persons whose reason has become defective on account of mental P^sons ex- cused from disease, are not held liable for a criminal act, if at the time of the"™^j, , y , ^ 75 J*ie- 407- commissicn, their reason was so impaired that they were unable to know the nature and quality of the act and that it was wrong. Impulses and partially defective reasoning are no valid excuse un- pj^^^^f ^ °* less the person is not able to distinguish between right and wrong. paMe.aos. The incapacity must be proven by the accused by a preponder- ance of the evidence. 82 MARYLAND Authority: Bagby's Annotated Code of Maryland, igir. Laws of 1906, 1910. Lunacy commission. Code. Art. 59. 13- 14. IS- 16. 18. Laws of 191 0, Ch.7i5- Code. Art. 59. 19. 19. Private institutions. 27- I. ADMINISTRATION AND SUPERVISION a. General. Four commissioners, appointed by the governor for terms of four years, together with the attorney-general, con- stitute the state lunacy commission. Two of the members must be physicians, graduates of some legally authorized medical college and must have been in actual practice at least five years consecutively just preceding their appointment. One of the physicians must have had at least two years' experience in the treatment of the insane. The commissioners serve without pay. They are required to hold monthly meetings. The lunacy commission has supervision of all matters, relating to the custody, care and treatment of the feebleminded and epileptic; is required to do whatever may be possible to ameliorate and improve their condition and to secure them all their rights and privileges as involuntary wards of the state. The commission has full power to investigate all institutions, public and private, for the care of these classes, and to call for such information as it may need. The secretary of the commission must visit all public and private institu- tions for the feebleminded and epileptic, including county almshouses or asylums at least once in six months, ascertain whether th ■■ laws governing the care of their inmates are observed, and examine the condition of buildings and inmates, as well as records and methods of administration. It is mandatory upon all officers of these institutions to furnish the information required by the commission. Refusal to do so is punishable as a misdemeanor. The commission has power to require written reports from all institutions for the feebleminded and epileptic and to require records of patients in the form it may prescribe. The commission must encourage scientific investigations by the medical staffs of the vari- ous institutions and may publish the results. The commission is required to make an annual report in detail to the governor. All institutions for the care or custody of the feebleminded and epileptic must be licensed by the commission, except state or in- corporated institutions and county almshouses unless the latter receive patients for pay. On applying for license full plans of pro- posed institutions and other details required must be submitted to 83 MARYLAND the commission. Upon its refusal to grant a license an appeal may be taken to the superior court of Baltimore or to the circuit court. b. Institutional. The training school for feebleminded is under ^^^^^^^^ the management of an incorporated board of visitors. The board **; is required to divide the school into two departments; one, educa- tional, where all feebleminded inmates capable of improvement are taught the rudiments of a common school education, culture, and manual and industrial occupations; the other, custodial, for those incapable of improvement.' It must also maintain a department for epileptic children. 2. CARE a. In special state institutions. Rosewood State Training School, Owings Mills, Baltimore Co.; established 1888; 500 beds. b. In general state institutions. c. In local institutions. 3. COMMITMENT a. Persons committed. All idiotic, imbecile, feebleminded and ^*^^f ®''*^* epileptic persons of the state whom the board of visitors considers proper subjects to receive the benefit of the school are admissible. The visitors may admit also feebleminded children from other states Non-residents, and from the district of Columbia when there is ample room in the institution. b. Legal procedure in commitment. Persons are admitted on Admission .. .„ ., by certificate. presentation of the certificate of the orphan s court or of the county 46. commissioners, or on commitment by the juvenile courts of the counties. c. Voluntary admission. d. Appeal from commitment. e. Cost of commitment. 4. CONVEYING PATIENTS TO THE INSTITUTION 5. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS The board of visitors are authorized to retain all patients until By Oie board, in the judgment of the majority of the board the welfare of the patients and the public interest will not suffer from their release. 7. COST OF MAINTENANCE When an inmate of the state training school, or his parent orPe£fo°s liable. guardian, can pay any part or all of the expense of mamtenance, the 46. the board of visitors may collect from them such amount as they are able to pay; otherwise, the state maintains the inmates. MARYLAND 84 8, GUARDIANSHIP AND SUPERVISION a^m7'^^^ a. Personal. The court of chancery has every power to superin- Art.16.i114. tend and direct the affairs of persons non compos mentis and may appoint a committee, trustee, or trustees for such persons. b. Community. The court of chancery superintends and directs the affairs of persons who are non compos mentis. 9. SPECIAL EDUCATION 10. MARRIAGE II. STERILIZATION 12. DEFECTIVE DELINQUENTS The board of directors of the penitentiary or house of correction may summon the lunacy commission to examine into the mental condition of the convicts, and if a convict is adjudged feebleminded by the lunacy commission or the majority thereof and his removal seems advisable, the commission must make complaint to the judge of the criminal court of Baltimore or of one of the circuit courts, who has power to order the removal of the convict to a state hospital for the insane, at the expense of the state. 13. CRIMINAL RESPONSIBILITY 85 MASSACHUSETTS Authorities: Massachusetts Revised Laws, 1902 Supplement to Revised Laws of Massachusetts, 1908 Acts of Massachusetts, 1910, 191 1, 1913, 1915, 1916, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The general supervision of all institutions, public ^^^" and private, for the insane, feebleminded, epileptic, inebriates, and ^l^of 1016 drug habituals except one state hospital for inebriates, is vested in ^^^ **s, the commission on mental diseases, consisting of a director and four ^■ associate members, all of whom are appointed by the governor with *■ the advice and consent of the council, the director being appointed for a term of five years and the associate members for terms of four years. The director and at least two of the associate members must be physicians and experts in the care and treatment of the insane. The director receives his expenses and a salary, which is determined by the governor and council, but may not exceed $7,500 a year. The associate members serve without compensation, but are reim- bursed for expenses necessarily incurred in the performance of their duties. The director is the executive head of the commission and adminis- '»• ters the laws and rules relating to the institutions and may appoint such agents and officers as the commission may deem necessary and fix their compensation, subject to the approval of the governor and council. The commission has general supervision of all public and private s. institutions for the insane, feebleminded and epileptic. When so directed by the governor, it may assume and exercise the powers of the board of trustees of any state institution under their super- vision. Concerning state charges in institutions or other jjjaces, it has the same powers as are vested in towns and overseers of the poor. The commission has power to investigate the condition of any^V*^> person who is an inmate of an institution for the feebleminded or epileptic, and may discharge him if he can be cared for without danger to others and with benefit to himseK. The commission must visit every institution under its supervision '^'••^^s, at least once each year and oftener if the governor directs Annual reports must be made to the governor and the council. The trustees or superintendent of any institution coming under cii.',87, the supervision of the commission must furnish it all the information required and immediately notify it if there is any question as to the propriety of the commitment of any person received. MASSACHUSETTS 86 13. Private in- stitutioiis. CI1.285, Acts of 19 1 7, ch. 232. Boards of trustees. Acts of 1909, Cb.504>i4>iS- S9. 60. Acts of 191s. Ch.241, Superintend- ent. Acts of 1909, Ch. 504, 1. The commission and the boards of trustees of the state institu- tions under its supervision must meet semi-annually for consultation. The commission may license any suitable person to establish and mantain a hospital or private house for the care and treatment of the epileptic and the feebleminded. No private institution for epileptics may be licensed unless the commission is satisfied that the person conducting it is a duly qualified physician with practical experience in the care and treatment of such patients; lay persons may be licensed to conduct a private school for the feebleminded. Licenses granted by the commission expire with the last day of the calendar year in which they are issued. They may be renewed and the commission may fix a reasonable fee for the license and the re- newal. b. Institutional. The Monson state hospital and the Wrentham state school are each governed by a board of seven trustees, five men and two women, all of whom are appointed by the governor with the advice and consent of the council for terms of seven years. The Massachusetts school for the feebleminded receives appropria- tions from the commonwealth upon the condition that it be governed by a board of twelve trustees, six of whom must be appointed by the governor, with the advice and consent of the council, for terms of six years; and that the school must be subject to the same super- vision of the commission on mental diseases as are the hospitals for the insane. The trustees of these institutions serve without compensation. With the approval of the commission on mental diseases, the trustees appoint and remove the superintendents of the institutions. With the approval of the trustees, the superintendent may appoint assistant physicians. If there are more than two assistant physi- cians, one must be a woman if female patients are received by the institution. The superintendent may, with the consent of the trustees, remove any officer or employee appointed by him. There must be a thorough visitation of each institution each month, by at least two of the trustees, by a majority of them quart- erly, and by the whole board semi-annually. Reports of the visits must be made to the commission on mental diseases whenever necessary and the proceedings of each meeting must be transmitted to it. Annual reports must be made to the governor and council and must give such information as may be required by the commis- sion. 2. CARE The commonwealth has the care, control, and treatment of all feebleminded and epileptic persons, and no county, city, or town may 87 MASSACHUSETTS establish or maintain any institution for such persons, or be hable for the board, care, treatment or act of any inmate thereof. a. In special state institutions. Massachusetts School for Feebleminded, Waverley; estabUshed 1848; 1,625 beds. Wrentham State School, Wrentham; estabhshed 1906; 1,200 beds. Monson State Hospital (for epileptics). Palmer; established 1895; 1,200 beds. A school for the feebleminded, to be located at Belchertown, in the western part of the state, was established by the legislature of 1915, but it has not yet been constructed. b. In general state institutions. Departments for the care ofJeUn^uInts defective delinquents are authorized at the state reformatory for Acts of^igia, women, the Massachusetts reformatory, the state farm, and at such other places as are approved by the governor and council. c. In local institutions. No county, city, or town may establish or maintain an institution for the care of the feebleminded or the epileptic. d. In families. Harmless patients of any institution for the A^t^."* '909' feebleminded or the epileptic other than those committed as in- 7'- ebriates may be placed at board in families by the state commission or by the trustees of the institution. The commission must have all persons boarded out by it visited by an agent once in three months, and those boarded out by trustees visited once in six months, by an agent of the commission. The trustees must have m- all persons boarded by them in families visited once in three months. The commission is required to remove to an institution or to a^|™>™y>* better boarding place, all persons who upon visitation are found to persons, be abused, neglected, or improperly cared for when boarded out in families. 3. COMMITMENT a. Persons committed. All suitable feebleminded persons are ^^^^5 entitled to admission to the state institutions for the feebleminded. ^^■ If a person is, dangerous to himself and to others by reason of epileptics. epilepsy, special commitment is provided for. Children afflicted with epilepsy are admitted to a private institution (the hospital cwuren. cottages for children), subject to the approval of the trustees and the superintendent of the hospital. b. Legal procedure in commitment. If upon an application in ^nded. writing, a judge of probate finds that a person is a proper subject Ag^g^fjs^*- for the Massachusetts school for the feebleminded or the Wrentham state school, the person may be committed to the institutions by an order directed to the trustees and accompanied by the sworn MASSACHUSETTS Certificate of physician. Acts of 191 1, Ch. I. 223- Notice of commitment. Acts of 1916, Cb. 122. Unlawful commitment. Acts, i909> Ch S04, 91, 92. EPILEPTICS. Children, Acts, 1909, Ch.S04, 67. FEEBLE- MINDED. Acts of 1917, Ch. 223. Special pupils. EPILEPTICS. Acts, X909, Ch. 504, 58. Patient may leave upon notice. certificate of a qualified physician, that the person is a proper subject for the institution. The physician must have examined the person within five days of his signing the certificate. A certificate bearing date of more than ten days prior to the order of commitment is void, and the order of commitment is void if the person is not received at the school to which he was committed within thirty days. Unless the person to be committed is present at the hearing, or unless the application was made by someone legally entitled to the custody of the person, notice of the application and of the hearing must be given to the person. The order of commitment must state what notice was given, or the facts which made notice unnecessary. The order must authorize custody of the person until discharged by the court or in accordance with law. Penalties are prescribed for wilfully conspiring to commit a person unlawfully to an institution as well as for the ill-treatment or neglect of any patient on the part of the hospital authorities or employees. Epileptics, if insane, may be committed to the Monson state hospital under the regular insane commitment laws; if dangerous, but not otherwise insane, they may be summoned to appear before a judge and show cause why they should not be committed to the hospital. The commission on mental diseases may send to the hospital cottages for children (a private institution) such epileptic children as may be approved by the trustees and superintendent. 0. Voluntary admission. The trustees of the state school may receive a person upon the written request of the parents or guardian and may detain him for observation for a period not exceeding thirty days, to determine if he is feebleminded. The, application must be accompanied by the certificate of a qualified physician. Special pupils may be received from any other state or province at a charge of not less than $300 a year. The trustees may also at their discretion receive in the school department other feebleminded persons, gratuitously or upon such terms as they may determine. The trustees of the Monson state hospital may receive and detain any person who is certified by a qualified physician to be subject to epilepsy and who applies to submit himself to treatment. If the age and mental condition of the applicant is not such as to render him competent to make application, it may be made by a parent or guardian. No patient who has voluntarily submitted himself for treatment may be detained more than three months after having given notice in writing of his intention or desire to leave the hos- pital. Upon the reception of the patient at the hospital the superintendent must report the case to the state commission on mental diseases for the purpose of investigation. 89 MASSACHUSETTS d. Appeal from commitment. (See 6. Parole and discharge.) e. Cost of commitment. The expenses of committing and deliver- P^^y">« ing feebleminded or epileptic persons to state institutions are charge- *J'^°* '"lo, able to the county in which commitment was made. If commitment does not result, the expenses incurred in seeking commitment are hkewise chargeable to the county. All such expenses must be refunded the county paying them by the county of which the person in question is an inhabitant. But if the person was an inmate of a state institution at the time of his commitment or denial of applica- tion for the same, the expenses must be repaid by the county of which he was an inhabitant at the time of admission or by the county from which he was sent if he is without legal residence in any county. The expense of returning a patient on temporary leave, must be paid by him or by his guardian, relatives or friends, if of sufficient ability, or may be paid by his county if a new commitment is necessary. The expenses of committing a pay patient are to be borne by the applicant or by a person in his behalf. 4. CONVEYING PATIENTS TO THE INSTITUTION If a woman is committed to an institution under the supervision ^"^"-^^ of the state commission, the committing magistrate must, unless she cwoV""'' is accompanied by her father, husband, brother or son, designate a 47. woman to be an attendant to accompany her thereto. The order of commitment must also direct the sheriff, deputy o^^'^^J-j^j^^ sheriff, constable, police officer, or other person to convey the '^''■"3. feebleminded person to the institution. 5. TRANSFER OF PATIENTS The governor may at any time cause an inmate of a state institu- ^y the ^ . . governor. tion under the supervision of the commission on mental diseases *?*=»* 1909, Ch. S04, to be removed to another such institution as the circumstances of the **• case may require. The commission may transfer any inmate to or from any institu-^yf^e ^ ^ J commission. tion under its supervision; but no person may be confined or trans- Aj's^of^ipiT. ferred as insane unless duly committed by the court, or be confined in or transferred to the Bridgewater state hospital unless the inmate has been a criminal and vicious in his life. The commission may remove any pauper inmates to any country, state or place where they belong and may enter into agreements with commissioners of other states for the transfer of inmates from one state to the other. The commisssion may not transfer any person to or from a private From'pnvate .. . '^ mstituhons. mstitution except upon the application of the superintendent of such 70. institution, and of the legal or natural guardian, nor transfer any voluntary inmate except with his written consent. MASSACHUSETTS 90 6. PAROLE AND DISCHARGE OF PATIENTS F^if:?!™ The commission may permit a feebleminded or an epileptic person ch M*'?*"' boarded in a family to leave temporarily and be cared for by his guardian, relatives, friends, or by himself for a period not exceeding one year, and may receive him again into custody when returned by the guardian, relatives, or friends, or upon his own application within this period without a new commitment, su ^Intend- '^^® Superintendent may permit any inmate to temporarily leave A^t'sofi 17 ^^® institution in charge of his guardian, relatives or friends or by ch.48. himself for a period not exceeding twelve months and may receive the inmate when returned. He may require as a condition of the leave of absence that the person in whose charge the inmate is left, must report the condition of the inmate. The superintendent or the person in whose charge the inmate is left may terminate the leave and request the return of the inmate to the institution. Discharge The Superintendent of any public or private institution receiving and the court, feebleminded or epileptic persons, when authorized by his trustees, ch. 504, ' by the state commission on mental diseases, or on a written applica- tion; or a judge of probate for the county in which the institution is located or in which the inmate has his residence, or a justice of the supreme judicial court, after due notice to the superintendent, trustees, or state commission, may discharge any inmate if it appears that he will be properly cared for or that his detention is no longer necessary for his own welfare or the Safety of the public. If the guardian or any relative of an inmate opposes the discharge, it may not be made without written notice to the person opposing it. The provisions of this section do not apply to persons com- mitted by a court. No inmate who is known to have committed or attempted violence to others, or who is likely to become dangerous, may be discharged or given leave of absence without the approval of the commission on mental diseases. The commission may, if it can not agree with the opinion of the superintendent in the case, file a petition for instruc- tions in the probate court of the> county in which the institution is situated, and may have the patient examined by one or more experts. Mdtastees ^^ *^® question of the commitment to or retention of any inmate Smt?'^*''" ^^' ^^ *^6 opinion of the trustees and of the commission on mental ^5- disease, a proper subject for judicial inquiry, they may petition the probate court for the counties of Middlesex and Norfolk, and the court may give notice and order the inmate to be brought before it and determine whether or not he is feebleminded. The court may commit him, or may order him to be discharged. 91 MASSACHtrSETTS Any inmate may apply for his own discharge, or any person may ^?'jjs*^ge. apply to the justice of the supreme judicial court for the discharge of ^h \m'"'*' a person who the applicant believes ought no longer to be confined. 3. Notice must be given to the superintendent and such other persons as is deemed proper by the court. The person may be brought be- fore the justice at the hearing upon a writ of habeas corpus, habeas corpus. The case may be heard with or without a jury, and if it is found that the person ought no longer to be confined, or that continued custody is unnecessary and unreasonable, or that he can be discharged with safety, and will be cared for properly elsewhere, he must be dis- charged. A pauper feebleminded or epileptic person must upon discharge cj^tMng^ be provided with suitable clothing, and money not exceeding $20 ^p™duc^ge. may be given him at the discretion of the trustees. Inquiry must ch^504. be made in regard to the future situation of every patient about to be discharged. No person may be discharged or paroled tempo- rarily unless one of the hospital physicians has examined his mental condition within forty eight hours of his departure. 7. COST OF MAINTENANCE The trustees may make contracts for the support of inmates of a ^ 'J^Sees* cost of not less than six dollars a week. The cost of the support of ^^ commis- inmates not under orders of the court must be determined by the Ay's "''S'^, •' Ch. 133. commission, but must not exceed six dollars a week, and may be recovered from the person or from relatives liable for his support if of sufficient abihty. An action for recovery must be brought by the Recovery, attorney general. Any person paying for the support of an inmate may bring an action for recovery or contribution against other per- sons liable for the support of the inmate. If the commission on mental diseases finds that a town having a Reimbmse- ^ ment of small taxable valuation of less than $500,000 is, or since the first day of ^^j ^ January, 1904, has been lawfully charged with the maintenance of ^11^504. inmates of any institution for the feebleminded or the epileptic under the supervision of the commission by reason of the inmate having a legal settlement in the town, the expense may be repaid, in whole or in part, to the town by the commonwealth upon the decision of the commission. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The relatives or friends of a person or the mayor app"™^"* and aldermen of the city or the selectmen of the town in which he oiecourt. '' Act of 1909, lives may apply to the probate judge for the appointment of aCii-504, guardian for him after due notice has been given. An examination by physicians may be had. Upon application of any of the same MASSACHUSETTS 92 Removal of guardians. Acts of 1917, Ch. 133. Not valid. Ch. ISO, 5- Commitment to special departments. Acts of 1911, Ch.S9S. Departments for defective delinquents. Commitments and transfers. Acts of 1913. Ch. 796, 10. parties, a temporary guardian may be appointed for an insane person by the probate court, with or without notice of hearing. Any guardian or conservator who has property of an inmate ex- ceeding two hundred dollars in value who fails to make payment for support of his ward in an institution within three months after receipt of a bill, may be removed upon the application of the attorney general. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE Epileptic and feebleminded persons are not capable of contracting marriage. II. STERILIZATION 12. DEFECTIVE DELINQUENTS In any case where the court may by way of final disposition com- mit an offender to the state prison, the reformatory for women, any jail or house of correction, the Massachusetts reformatory, the state farm, the industrial school for boys, the industrial school for girls, the Lyman school, any truant school, or to the custody of the state board of charity for an offense not punishable by death or imprison- ment for life, if it appears that the offender is mentally defective and not a proper subject for the schools for the feebleminded, the court may upon the certification of two qualified physicians commit the offender to the department for defective delinquents at one of the state institutions mentioned below. If a physician in attendance at any of the above institutions or employed by the state board of charity finds that an offender, while under commitment to one of the institutions or in the custody of the state board of charity, conducts himself in such a manner as to render himself an unfit subject for retention in the institution or by the board, the physician is required to report the matter to the officer in charge or to the superintendent of minor wards of the board of charities, who must transmit the report to a judge of probate, or to a justice of a police, district or municipal court (except the municipal court of the city of Boston) . Upon the certification of two quaUfied physicians the judge must commit the person to a department for defective delinquents, as follows: Males under twenty-one years of age are to be committed to the department at the Massachusetts reformatory; males over twenty-one to the department at the state farm; and all females to the reformatory for women. All commitments to the departments for defective deUnquents must be made under an order signed by the judge. Transfers may be made upon the order of the court, by the officer or attendant of 93 MASSACHUSETTS the institution from which the transfer is being made. The prison commissioners or the trustees of the state farm may parole inmates p^^'^^j-^ ^^ of the departments for defective delinquents on such conditions ch- sss- as they deem best. They may at any time recall any paroled inmate. Any person may apply to the justice of the district, police, or°'"'"''^^' municipal courts in whose jurisdiction a department for defective delinquent is located, for the discharge of any inmate. If the judge, upon notice and hearing, finds that the inmate can be suffered at large, the authorities having control of the inmate must grant a parole. Action on the application for discharge is then suspended for one year, after which the court determines whether or not the inmate can be suffered to be permanently at large. The parole or the permanent discharge may be revoked upon the order of the court without the certificate of a physician. 13. CRIMINAL RESPONSIBILITY The presumption is that all persons are of sufiicient capacity to andrebuttai" be responsible for crime. The presumption of mental capacity ''7 Mass. 303- is sustained until rebutted by a preponderance of the evidence. In order to convict a person accused of a crime where the defense '^^j'J'™* is idiocy, the jury must be satisfied, not only that he did the acts '7 Mass. 303. charged, but that he was a responsible agent. One is not responsible for an act done under an uncontrollable irresistible ■^ ^ ^ impulses and impulse or a delusion which is the result of mental disease. delusions. ^ ^ 48 Mass. 500 The person is not entitled to an acquittal if at the time of the com-D«g«eof ^ ^ proof. mission of the act he had sufficient capacity to distinguish between 48 Mass. right and wrong, understand the nature of the acts and their con- sequences, and had mental power enough to apply the knowledge to his own case. 94 Board of charities and corrections. Statutes. 15510. Acts of 19 13, ch. 319, 3- Private institutions. Statutes. 15513. 15515- Boards of control. 3967. Acts of 1913, Ch. r73, 10. Statutes. 3773.3858, 15397. 3870, 3774-75, 3777,3858, 885. 15393-95, 15399- Acts of 1913, Ch. 173, 12, 15, 16. Statutes. 3855,3771- 15399- Superintend- ent. 3777- Acts of 19 13, Ch. 173, MICHIGAN Authorities: Howell's Michigan Statutes, 1913 Public Acts of Michigan, 1913, 191S, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The state board of charities and corrections is composed of four residents of the state, appointed by the governor for terras of eight years. The governor is ex-officio a member of the board. The board, or a majority of the members, with the secretary must at least once in each year visit and examine state and local charitable and correctional institutions for the purpose of ascertaining their condition and management. They have authority to administer oaths and to examine any person connected with the institutions. If any local or private institution is found to be unsanitary or danger- ous to the life of the inmates, the board may order it repaired or, with the consent of the governor or a justice of the supreme court, may condemn it. After the order of condemnation is filed, it is unlawful for inmates to be confined in the institution and the officer in charge must transfer them to a suitable place. The members of the board serve without pay and make a biennial report to the governor and such special reports as may be requested by him. b. Institutional. The home for the feebleminded and epileptic and the farm colony for epileptics are each under the supervision of a board of control, consisting of five members appointed by the governor, with the advice and consent of the senate, for terms of six years, and subject to removal by the governor. The members of the boards of control serve without compensation, but receive the expenses incurred in the performance of their duties. The boards of control have exclusive control and supervision of their institutions. Each board is a body corporate and elects its officers at an annual meeting, which must be held at the institution. It appoints the officers of the institution and with the approval of the governor determines the salaries, makes all rules and regula- tions for the institution and its inmates. Biennial reports must be made to the governor and the legislature. The boards of control and the boards of trustees of the state hospitals for the insane must meet together twice each year. The boards of the home and of the farm colony must meet at least once each month. The medical superintendent of the home as well as of the farm colony must be a well-educated physician, experienced in the treatment of the feebleminded and of the epileptic, respectively. 95 MICHIGAN He is the chief executive of the institution and may be removed by the board of control. Subject to the approval of the board, the medical superintendent may appoint his assistants, determine their number and their salaries, and discharge them at his discretion. The medical superintendents of each institution must make^totates. monthly and yearly reports to the auditor general of the commit- ments, discharges, and deaths. A resident woman physician must be employed at the home for^°3^ns the feebleminded and epileptic and at all institutions of a like 3887. nature. The county infirmaries are under the j urisdiction of the superin- J™^^jgjj^_ tendents of the poor, of which there are three for each county, «°*=- appointed by the county supervisors. The superintendents of the poor may provide for the support of pauper idiots outside of the county infirmaries. The superintendents must report to the sec- 3504- retary of state the names of the idiots maintained at the infirmaries each year, how they are kept and what accommodations and treat- ment are provided. 2. CARE a. In special state institutions. Michigan Farm Colony for Epileptics, Wajamega; established 1913; 362 beds. Michigan Home and Training School, Lapeer; established 1895; 1,481 beds. b. In general state institutions. The Ionia state hospital for the criminal and dangerous insane cares for defective delinquents. c. In local institutions. The county infirmaries care for some pauper idiots. 3. COMMITMENT a. Persons committed. Feebleminded and epileptic residents oiJ°^^^^°l^ the state may be admitted to the state home for the feebleminded ^^^p'^^i"''- and epileptic, but no feebleminded woman above the age of forty- l^^^gg eight years, not an epileptic, nor any feebleminded man not an 3780. epileptic whose condition is due to senility may be admitted. The no^/dSftted^ board of control must cause any person who has been admitted but who has not acquired a legal residence in the state to be deported as soon as possible to the state to which he belongs. The expenses of the removal must be paid by the auditor from the general fund. Voluntary pay patients who are epileptic but not feebleminded, J° "^m '"' and epileptic persons in indigent circumstances, may be admitted ^^t^^"* "S's. to the farm colony for epileptics upon the order of the probate ^■• court. MICHIGAN 96 Criminals. Statutes. 15408. Petitionfor admission. Acts of 19x3, Cli. 29, 15- Cli. 173. 23. Hearing and notice. Examination bylpliysician. Investigation by court. Jury. Custody and removal of patient. Order of admission. Persons accused of crime or who have been acquitted of a crime on account of being feebleminded or epileptic may be committed to the state hospital for the criminal and dangerous insane. (See 12. Defective delinquents.) b. Legal procedure in cominitment. Petition for admission to the home for the feebleminded and epileptic and the farm colony for epileptics may be made by the father, mother, husband, wife, brother, sister, or child of a person alleged to be feebleminded or epileptic, or the sheriff, or any superintendent of the poor, or super- visor of any township, or any peace officer within the county in which the person is found, may petition the probate court of the county for his admission to an institution. The petition must con- tain a statement of the facts upon which the allegation is based. The court must fix a day for a hearing and appoint two reputable physicians to make the required examination of the person, whose certificate must be filed with the court on or before hearing and served personally, ' at least twenty-four hours before the hearing, upon the person, and if made by a sheriff or peace ofiicer, also upon the father, mother, husband, wife or some one next of kin of the person, residing within the county, and upon such of the relatives outside of the county and within the state as may be ordered by the court, and also upon the person with whom the alleged feebleminded or epileptic person may reside. The court may dispense with per- sonal service or may direct substitute service to be made upon some person to be designated by it. In such cases, the court must ap- point a guardian ad litem to represent the person at the hearing. The court must institute an inquest as to the alleged epilepsy or feeblemindedness of the person, and in all cases take proofs in writ- ing, of the financial" circumstances of his relatives legally liable for his support, and as to the person's legal settlement. If no jury is demanded, the probate court determines the question of epilepsy or feeblemindedness. If the court deems it necessary, or if the person, or any relative, or other person concerned demand it, a jury must be summoned. If it appears upon the certificate of two legally qualified physicians to be necessary, the court may order the person to be placed in the custody of some suitable person or to be removed to an institution, or to any hospital, home or retreat pending the proceedings for commitment, but not for more than thirty days, except by special order of the court. The person has the right to be present at the hearing. Orders committing patients must be mailed to the medical superintendent and the patients are entitled to admission in the order in which the notices are received. Preference must be given to the admission of indigent patients and the probate judge must 97 MICHIGAN cause the patient to be committed to the home for the feebleminded and epileptic within thirty days after receiving notice from the medi- cal superintendent that the patient can be received. Certificates that a person is feebleminded or epileptic must ^^^^^^He,. made by two reputable physicians under oath, appointed by the 'j^J^^'^g'^ probate court of the county in which the person resides. The s*»*|^'j^^- phj'sicians must be permanent residents of the state, duly registered, have the qualifications prescribed by the laws of the state for the practice of medicine and surgery, and may not be related by blood or marriage to the person to be committed nor to the person apply- ing for the certificate. Their qualifications must be certified by the clerk of the county in which they reside. Neither of the physicians may have any interest directly or indirectly in the institution to which it is proposed to commit the person. The physicians must fjam^tion make a personal examination of the person and no certificate '■^'"''^'i- may be made except after personal examination. Certificates must contain the facts and circumstances upon which the opinion of the physicians is based, and show that the condition of the person examined requires his care and treatment in an institution. A copy of the physician's certificate together with a copy of the application for commitment of the patient must accompany the order of commitment. If, after holding a hearing for the purpose of determining whether ^"^^^^ a person is feebleminded or epileptic, the court retains a doubt as patientsfor to the mental abihty of the patient, or if in the opinion of thet°s*J'« ,.. '' ^ ' ■ ^ ^ psychopathic court and examining physician the case presents complicating '"'sp'^^- diseases which may be treated in the psychopathic hospital and the mental disability be cured or benefited, the court may continue the hearing not to exceed thirty-five daj^s and confine the patient to the hospital for the period. Before the expiration of the period, the director must give the results of his observations and an opinion as to the mental condition of the inmate to the judge of probate. If the patient is declared to be epileptic or feebleminded, he must be committed to proper institution. If in the opinion of the director S'^^*"?"^! ^"h of the psychopathic hospital the patient is not feebleminded or epileptic, the order, of confinement, observation, and treatment must be vacated and the patient discharged. The judges of probate and the medical superintendents of institu- f^^^^^ '° tions caring for the feebleminded and epileptic must report monthly 3|84- to the auditor-general, all persons committed to their institutions. c. Voluntary admission. Persons who are epileptic but not To=^°'°oy .^^ feebleminded may be admitted to the farm colony for epileptics ^cts^of 1913. without order of the court, if their support is provided from private ^^■ sources. MICHIGAN 98 To institution for epileptics and feeble- minded. Ch.Si. To circuit court, Ch. 173. 3S- Statutes. 3806. Patients liable. 3795- County liable. Acts of 1913, Ch. 173, 23- Court designates attendant, Ch. 29, IS. Ch. 173. 23. Statutes. 3796. Female at- tendants. To the home for feeble- minded and epileptic. 3788. Acts of igi3t ch. 173. 30. Recovery. Expense of transfer. The medical superintendent of any institution for the feeble- minded or the epileptic may receive voluntary patients if the ac- commodations permit, provided the written approval of the judge of probate of the county in which the person resides be obtained. The patient may not be detained for more than three days after having given notice in writing of his intention to leave the institution. Voluntary patients are received only as pay patients. d. Appeal from commitment. , Any person aggrieved by any order, sentence, decree, or denial of the probate court may appeal to the circuit court of the same county. Proceedings may not be stayed pending the appeal, except upon the special order of the probate court . The court may revoke or modify the order and make such an order for the temporary care and confinement of the alleged feebleminded or epileptic person as may be considered necessary. (See 6. Parole and discharge; habeas corpus.) e. Cost of commitment. The expense of commitment must be charged against the person adjudged to be feebleminded or epi- leptic, and the guardian must pay it out of the estate. The cost must include necessary clothing and all of the disbursements in the case except the attorney fees. If the person has no estate or recov- ery cannot be had from those bound for the support, the expenses must be paid by the county of which the person is a resident. 4. CONVEYING PATIENTS TO THE INSTITUTION The court must designate a proper person to convey the patient to the institution. The compensation and expenses of the person must be paid by the county. All officers before sending patients to the institution must see that they are in a state of bodily cleanliness, comfortably clothed, and delivered to the institution in due time. Female patients, unless attended by some member of the family, must be accompanied by a female attendant. 5. TRANSFER OF PATIENTS Inmates may be transferred from any charitable institution supported by the state upon certification of the superintendent of the institution to the probate court of the county in which the in- stitution is located, that the inmate is feebleminded or epileptic. The court must cause the inmate to be examined by two quahfied physicians and if he is so adjudged, he must be transferred to an institution for the feebleminded or epileptic. When the inmate becomes restored to his normal condition, the medical director must certify the fact to the superintendent of the institution from which the inmate was transferred, and the superintendent must, send for the inmate. The expense of the examination and transfer must be paid out of the general fund. 99 MICHIGAN Epileptic persons who are proper subjects for the farm colony for To^^sJjj" .epileptics may be transferred from the home for the feebleminded «p'1|i"'«- and epileptic by resolution of their joint boards of control, with the approval of the state board of charities and corrections. Whenever the medical superintendent of the farm colony ^oi^^^^^^^^ epileptics certifies in writing that an inmate is insane and not a fit insane, subject for care at the farm colony, the patient must be transferred _3|^^.g^ to the hospital of the district of which the inmate was a resident. 3873. Notice of the transfer must be given to the judge of probate and to the person making application for admission. The expense of the transfer is paid by the state auditor. If the superintendent of any institution for the care of feeble- Tottepsy- minded and epileptic persons is of the opinion that an inmate may tospv^- be benefited by treatment at the psychopathic hospital, the patient s^^s- may be transferred to the hospital. If the patient is found to be incurable, he may be returned or discharged by the director of the hospital, with the consent of the director of the institution from which the patient was transferred. Notice of the transfer must be given to the guardian or parent and judge of the probate court of the county in which the patient was a resident. Patients con- fined to the psychopathic hospital are under complete control 3870. of the medical director for all purposes except discharge and parole. The expense of transfer to the psychopathic hospital must be^l"^^^"* paid by the state in the case of public patients, and by those liable 3|w- for support in the case of private patients. 6. PAROLE AND DISCHARGE OF PATIENTS The superintendent of the home for the feebleminded and epilentic Parole, may grant a parole not exceedmg thirty days to any patient under "=•»• ^s, the general conditions prescribed by its board of control, and leave statutes, of absence may be granted inmates of the farm colony for epileptics under the rules and regulations prescribed by its board of control. The leave of absence may be terminated upon written notice, and*<='s''''9'S. upon expiration of a definite leave the patient must return. The 31! board may send an employee of the institution after a patient who fails to return, or request the sheriff and other peace officers to render assistance to facihtate the recovery of the patient. The medical superintendents of the institutions caring for the discharge by feebleminded and epileptic m.ay discharge patients who have re-^nt. covered as well as those who are not detrimental to public welfare, statutes. Notice of discharge of patients from the home for the feebleminded 3873'. and epileptic must be sent by mail to the friends of the patients, or <:b.29> '''^' to the superintendent of the poor, or to the probate judge of the ^''' county committing the person. If the patient is not removed within MICHIGAN 100 ten days, he must be returned to his home, friends, or to the super- intendent of the pbor. When the superintendent of the home for the feebleminded and epileptic is unwilling to discharge an unrecovered patient upon request, the patient or some friend in his behalf is entitled to a writ Habeas corpus, of habeas corpus upon a proper writ to the circuit court of the county 3675. in which the hospital is situated. Readmittance. A person who has been discharged by the medical superintendent of the home for the feebleminded and epileptic may, with the approval of the superintendent, be readmitted for a period of one year under the original order, but thereafter a new order is required. Persons discharged from the home for the feebleminded and epileptic by order of the court may not be readmitted except upon a new order. All discharges, deaths, paroles, and releases must be reported monthly by the superintendents of the institutions to the auditor- general. No patient may be discharged from the home for the feebleminded and epileptic or from the farm colony without suitable clothing and money not exceeding |25 for his necessary expenses until he can reach his relations or friends, or his employment to earn a subsistence. When any person adjudged feebleminded or epileptic is discharged from custody and not again received into any hospital, home, or retreat, petition may be presented to the court for an order declaring him restored to soundness of mind. The court must fix a time for hearing the case. The testimony of at least two reputable physi- cians is required. 7. COST OF MAINTENANCE The charge for patients committed to the home for the feeble- minded and epileptic must be determined at a joint meeting of the board of control and the board of state auditors and approved by the governor. The fixed rate applies for voluntary patients. If at the time of or before the making of the order of commitment of a feebleminded or epileptic person, a bond approved by the judge of probate, is given, together with the sum of fifty dollars as an ad- vance payment toAvards his support, the patient must be committed as a private patient; otherwise, commitment must be made as a public patient. Private patients and voluntary patients are main- tained without expense to the state. When a feebleminded epileptic person is committed and main- Reports to auditor-general. 3885. Assistance to those dis- charged. 3792- Acts of 1913, ch. 173, 32. Adjudication of restoration. Statutes. 3674. 3794- Acts of 19 13, ch. 173. 33. ch. 81. Private patients. Statutes. 3867-8-9. Acts of 19 13, ch. 29, 15. Acts of 19 IS, ch. 173.23- Voluntary patients. Change from public to private patient tained by his friends as a private patient for three months and has and vice versa. ^ ^ Statutes. 3786, 3787. Acts of 1912, ch. 173, 28, 29. mission as a public patient may be changed to that of private by executing and delivering to the court of probate the required bond. not recovered, the friends may petition the court to have the order of admission changed to that of a public patient. The order of ad- 101 MICHIGAK The county is liable to the state for the first year's maintenance of ^tXEwe^ a public patient ; after that time the state must pay all of the ex- ^'jgjf^jgoj^ penses for maintaining public patients in the state and local ^_38o8,^3783. hospitals. If the patient has an estate sufficient for the purpose, '\y'^^_ it may be held; or if he has no estate, then the members of his family may be held to reimburse the state. The court must investigate the financial circumstances of the Pa.''f°t's applicant and those held liable for the maintenance of inmates r.e'g'i''es committed to the institution for the feebleminded and epileptic, ^.^^'.^s-'s. ■^ ^ statutes. If the order of admission of a public patient shows that the patient 3784. has an estate out of which the state may be reimbursed for mainte- nance, the court must direct, in the order, that payment for mainte- nance be made out of the estate, regard being had to the needs of others having a legal right to support out of the patient's estate. If a feebleminded or epileptic person committed as a public StSMmmt^*** patient is possessed of an estate and it is not charged for his mainte-A^t^'ofipis, nance at the time of his commitment, or if the patient becomes pos- Itehite's?^' sessed of an estate after commitment or has relatives bound for his '''*^" support, the prosecuting attorney of the county from which the party was committed must proceed against the estate or relatives for reimbursement. Judges of the court of probate and the medical superintendents I^^Sm^- of the homes for the feebleminded and epileptic must send to the to aucStOT'""* auditor-general a complete list of names and addresses of guardians jfl^; and persons bound for the support of inmates, and the names of any persons who have contributed to their support. Wills bequeathing to the state property valued at over one hun- '"■'"iJo!;"'^^' dred dollars for the support of feebleminded and epileptic persons ^|°|; are valid, and the board of control of the institution has charge of any trust funds left for the support of feebleminded and epileptic inmates. The state treasurer must notify the board of the receipt of such funds and the board may expend the interest and the funds for the maintenance of the inmate. If the patient becomes cured, ^i^t^f^ds. the trust fund must be disposed of as provided for in the will, unless ^^*' in the opinion of the board there is liability of a return of the malady. The medical superintendents must make yearly reports to thef^^^';"^^ auditor-general of all contributions for support and the names of the ^^^' guardians or parents of all inmates. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The judge of probate in each county may in all J"4f*°' proper cases upon petition, notice, and hearing, appoint a guardian appoint. j; XI, X J. 1 J- , . , t, . ,. . Actsofigis, tor the estate and lor any persons who are imbecile, or idiotic, andg-su. incompetent to have the care, custody, and management of their i- MICHIGAN 102 Reports of guardian. 33- Guardian ad Utem. Acts of 1913, ch. 29, 15. Actsof 1915, ch. 314. Statutes. t» 3784. Supervision'of instruction. 9860. Physicians to certify cure. 11428. Penalty. Marriages void. II4S3- Permission to marry. Actsof 19 13, ch. 29, 23. Board to examine in- mates. Actsof 19 13, ch. 34i 2. May hire experts. 3- estates. The guardian has the custody and care of his ward, and upon the order of the judge of probate may cause the ward to be taken to and restrained in any suitable state institution. Yearly reports of the condition of the ward must be rendered by the guard- ian to the judge of probate. The court may appoint a guardian ad litem to represent an alleged feebleminded or epileptic person at any hearing or proceedings in which his estate is sought to be held for maintenance, partition, platting, or in which a trustee is involved. At the time of the hearing, if it appears that the patient has an estate, the court must appoint a guardian of the person and estate. b. Community. 9. SPECIAL EDUCATION The superintendent of public instruction has general supervision of the instruction in the institution caring for the feebleminded and epileptic. ID. MARRIAGE No idiot is capable of contracting marriage. No person who has been confined in any public institution as epileptic, feebleminded, or imbecile may be capable of contracting marriage unless there is filed in the office of the county clerk before the license is issued a verified certificate from two licensed physicians that the person is completely cured of the defect and that there is no probability of transmitting defects to the issue of the marriage. Any person of sound mind who intermarries with, or assists in the marriage of a person who has been confined as a feebleminded or epileptic person, except upon the filing of the proper certificate, with knowledge of the disability, is deemed guilty of a felony. All marriages of feeble- minded and epileptic persons are void, without any decree or legal proceedings. But if either party is in doubt as to the validity of the marriage, a petition may be filed and the marriage may be declared valid or nulhfied by the court. Any one is forbidden to marry an inmate of the home for the feebleminded and an epileptic without the consent of the board of control, under a penalty of a fine or imprisonment, or both. II. STERILIZATION The board of control and the physicians of any institution caring for the feebleminded or epileptic constitute a board for the purpose of examining such inmates as may be reported by the superintendent because procreation would be inadvisable. The board may hire experts to examine the patients and if in the judgment of a majority of the board procreation by the inmate would produce children with 103 MICHIGAN an inherited tending to feeblemindedness or epilepsy, and there is no probability that the condition of the patient will improve, the board must direct a competent physician to perform the operation of vasectomy or salpingectomy, or any other approved operation. At least thirty days' notice of the operation must be given to the^oUrarf parents or the guardian of the inmate. If the parents or guardian of the inmate object to the operation, appeal may be had to the*Meaitothe probate court and the necessity of the operation determined. The board of control of each institution must file a record of all^^port"' operations. such operations with the state board of health. *• 12. DEFECTIVE DELINQUENTS __ Persons indicted for crime who appear to be mentally defective, ^®^°ttgj those who have escaped indictment or conviction upon the grounds ^*^'"'q|- of epilepsy or feeblemindedness, and previous inmates of a state hospital may be committed by the court, upon examination, to the 15409- state hospital for the criminal and dangerous insane. If the patient becomes restored to his normal mental state, the superintendent must notify the judge and the patient may be brought to trial or discharged within sixty days. > In case the mental defects of the criminal continue after the ex-E''P"'*'><>no' sentence. piration of the sentence, the superintendent of the institution must 's*'*- within five days make application to the judge of probate for an order to retain the patient until reason is restored. The judge must give notice, hold a hearing, and have the patient examined by two competent physicians, and if it is declared that the patient is defective, an order of retention must be made. Before discharging from a penal institution any inmate who is Notice of deemed defective at the time of the expiration of the sentence, if?"?p?.°»' ^ ' institutions. no one appears to take charge of the inmate, notice of his condition 'S424. must be given to the county clerk of the- county from which the in- mate was sent, and to the relatives and friends. The judge must issue a warrant commanding the sheriff to receive the inmate. If upon examination and certification by two qualified physicians, the Hearing and court finds the patient to be defective, commitment must be made '5426. to the state hospital for the criminal and dangerous insane. The cost of commitment and maintenance may be recovered from the*^"!'"' ^ maintenance. estate of the patient or from those bound for his support. Other- 15426 a. wise paynient must be made by the county and then by the state after the expiration of the first year. 13. CRIMINAL RESPONSIBILITY lot be committed by a person who is un at the time of the commission of the act. Persons are presumed 47 Mi'*. 334- Crimes cannot be committed by a person who is unsound of mind Personsnot ^ ^ responsible. MICHIGAN 104 17 Mich. 9. to be capable of crime and when evidence is given which tends to overthrow the presumption, the burden of proof is on the state to establish conditions of guilt. Sponsibiiity "^^^ Unsoundness of mind excusing one from the consequences of 62 Mich. 487. his acts must have been such that the person by reason of his disease was not capable of knowing he was doing wrong in the particular act. topSses'^ Irresistible impulses do not excuse one from criminal liability 38 Mich. 482. unless the party is unable to know what he is doing and whether it is right or wrong. 105 MINNESOTA Authorities: General Statutes of Minnesota, 1913 Session Laws of Minnesota, 1915, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The state board of control is composed of three ^°^^y* members, appointed by the governor, for terms of six years. Each statutes, member of the board receives a salary of $4,500 per annum and must '*°S3- devote all his time to the duties of the board. Members may be removed by the governor. The board has the exclusive control and financial management ^^"^"^'S"' ° en. 343. of the school for the feebleminded and the colony for epileptics, statutes, as well as of the state hospitals for the insane and other state -toSs. charitable and penal institutions. It appoints the chief executive officers, determines the compensation of all officers and employees, except when it is'fixed by law, and prescribes rules for the institu- tions and regulations for the employees under its control, forms for "K""'- commitment, and methods of accounting and keeping records. The board, or a committee of its members, must visit all the in- 4020,4026. stitutions under its supervision as often as once in six months, must j^^^lf ,„j. see all the inmates upon each visit, and may examine witnesses and 356, 2. the officers of the institutions ; it may appoint a competent woman to visit and report upon such institutions. Biennial reports must be made to the governor and to the legislature, giving the results of their visits, the reports of the officers of the institutions, and esti- mates of the appropriations necessary for their support. The board must keep records showing the residence, sex, age, and ^'^^'g^' other facts in regard to every patient in each of the institutions under its control, together with full information about their con- dition upon discharge and othe^: similar information. The board must encourage and urge the scientific investigation ^oit- and treatment of epilepsy and feeblemindedness. A course of instruction for the attendants and others interested in treatment of feebleminded and epileptic persons may be established at the in- stitution. A fee not exceeding ten dollars must be charged all stud- ents, and the course must be made as nearly self sustaining as possible. b. Institutional. There is no local board of trustees at the school superintend- ent. for the feebleminded and the colony for epileptics. The superintend- toos. ent of the school must have such quahfications and perform such duties as are prescribed by the board of control. The superintend- ent, subject to the consent of the board of control, appoints and MINNESOTA 106 discharges all assistants and other employees required for the man- agement of the institution. He must make an annual report to the board. 2. CARE a. In special state institutions. Minnesota School for Feebleminded and Colony for Epileptics, Faribault; established 1879; 1,600 beds. b. In general state institutions. The asylum for the dangerous insane cares for feebleminded and epileptic persons charged with or acquitted of crime. c. In local institutions. Qualifications. 4046. 4079. 3071. Petition. Laws of 1917, Ch. 344.4- Hearing. 5- 6. Examination. 7. Commitment to the care and custody of the board. 8. 3. COMMITMENT a. Persons -committed. All feebleminded persons, residents of the state, who, in the opinion of the superintendent of the school, are of suitable age and capacity to receive instruction and whose defects prevent them from receiving proper training in the public schools; all idiotic and epileptic persons residents of the state; and any child who is physically helpless from any disease of the nervous system (commonly known as a defective) may be admitted to the school for the feebleminded and colony for the epileptic. b. Legal procedure in commitment. Any person residing in the state who is supposed to be feebleminded (a feebleminded person is defined as any person minor or adult, other than an insane person who is so mentally defective as to be incapable of managing himself and his affairs and to require supervision, control, and care for his own or the public welfare) any relative, or guardian, or any reputable citizen of the county in which the person resides may file a certified petition in the probate court- The court may issue a warrant directing the person to be brought before the court for examination. The county attorney, upon an order from the court, must appear in behalf of the person to-_be examined, and the court must appoint two licensed physicians, who with the probate judge constitute a board to examine the person and determine the defectiveness. Notice of the filing of the application must be given to the board of control ten days prior to the hearing, and the board may designate some person skilled in mental diagnosis to attend the hearing, ex- amine the defective and advise the board of examiners. When the examination is complete, the board must determine whether the person is feebleminded, and report the proceedings to the court- If the person is obviously feebleminded, the probate judge may dispense with the board of examiners and may hear and determine the matter, if the county attorney consents. If the person examined is found to be feebleminded, the court must order him committed 107 mmTTPt^'rA. to the board of control as guardian of his person. T^'r.^^a.ftev, whenever advisable, the board may place tb» .uTssi^Z"'"' "^ll-'^;.h^jhall so report to the board of , " " - ischarged from further custody. ^e, or friend of a person committed Habeas corpus. Statutes. 8283. 8284. Paroled patients supervised. Statutes. 4022. By agents. Laws of 1917, Ch. 208. Relatives or county liable. Statutes. 4079. Of special patients. Appointment by the court. 7433. Notices and hearing, 7434- Removal. 7437. Any parent, guardian, _,^^^ to the guardianship of the stateT^^l^lii^o^ontrol may petition the court for the termination of the guardiansiSi^'^xiacS^pi^arge^Qf^ the person. ^ ■,■- Notice of all discharges must be given to the probate court of the county from which the person was committed. Every person restrained of his liberty may prosecute a writ of habeas corpus. Application for such a writ must be by petition to the supreme court or to the district court of the county within which the petitioner is detained. The state board of control must so far as possible exercise super- vision over patients paroled from the school for the feebleminded and colony for epileptics. The board may appoint one or more state agents for the purpose of investigating the condition of the homes of patients about to be released on parole; the agents are required also to exercise supervision over all paroled patients. No one may be appointed as such agent who has not had at least one year's experience in caring for patients at a hospital for defectives. 7. COST OF MAINTENANCE The person legally responsible for the support of any person admitted to the school for the feebleminded and colony for epileptics must pay annually to the superintendent of the institution a sum to be fixed by the board but not to exceed forty dollars. If the person is unable to pay the sum, and the fact is certified by the judge of probate of the county from which the person was admitted, the sum becomes a charge upon the county and must be paid by the county auditor. For persons who are helpless from insanity or senile dementia, or whose presence is incompatible with the general purposes of the institution, the sum of one hundred and fifty dollars must be paid, 8. GUARDIANSHIP AND SUPERVISION a. Personal. The probate court may appoint a guardian for any person who by reason of loss or imperfection of mental facilities is incompetent to have the management of his property. The ap- pointment may be made upon the petition of the county board, or any relative or friend of the person. Notice of the hearing must be served upon the person at least fourteen days before the time fixed for the event. The court may remove the guardian whenever restoration to capacity is judicially determined. 109 MINNESOTA The court may appoint a guardian ad litem for all persons of^^.^^^'*"*^ unsound mind in all actions involving such persons or trusts to 7678,6720. which they are parties. b. Cominunity. The person in charge of any place of detention 4026,7488. must be the guardian of all persons committed, for the purpose of retaining them and for the purpose of consenting to surgical opera- tions. The chief executive officer of the institution must have the ^^^1°^ care and custody of all money belonging to the inmates which niay 4038. come into his hands. 9. SPECIAL EDUCATION 10, MARRIAGE No marriage may be contracted between persons either of whom ^'°^^J^^- is epileptic, imbecile, or feebleminded. Anyone who joins the above ^^^^• persons in marriage is guilty of a misdemeanor and is subject to a fine or imprisonment. If either party to a marriage was incapable of contracting for^^'^J^^"' want of mental capacity, the marriage may be annulled at the suit ^J°9- of the injured party, unless there has been a subsequent cohabitation of the parties. But no marriage may be annulled after restoration to reason if the parties cohabitated after the restoration. Neither can the marriage be annulled on the ground of epilepsy or feeble- mindedness at the suit of the capable party if the mental incapacity was known at the time of the marriage. II. STERILIZATION 12. DEFECTIVE DELINQUENTS The state board of control maintains, in connection with the state 4102. hospital at St. Peter, an asylum for the dangerous insane, in which are cared for such idiots, imbeciles, and epileptics as may be com- mitted to it by the courts or transferred to it by the board. Whenever any person, by reason of feeblemindedness or epilepsy, commitment, is excused from indictment or trial, or is acquitted of a crime, com- 9^'*- mitment must be made by the court to the asylum for the dangerous insane. If the party recovers, he must be returned to court to be placed upon trial. Inmates of penal institutions and persons under indictment may ''"^^"^s^'^' be transferred to the asylum upon the order of the court, and if the 4107. disability is removed before the expiration of the sentence, return of the inmate to the original institution must be made. Inmates of institutions for the feebleminded and epileptic with homicidal tendencies, may be transferred to the asylum for the dangerous insane. MINNESOTA 110 ■'"^2^"*^' Inmates discharged must receive suitable clothing and enough 4104- money to defray the expense of returning home or to their friends. Inmates of the institution are supported and clothed in the same manner as other feebleminded and epileptic persons. No person acquitted of a criminal charge upon the grounds of epilepsy or feeblemindedness may be liberated from the asylum, except by order of the court and upon the certification to the court by the superintendent of the asylum that no person will be endangered by the discharge. 13. CRIMINAL RESPONSIBILITY 8473. Idiots and imbeciles are incapable of committing crime, but this incapacity may be removed by proof that they have sufficient capacity to understand the act or neglect and to know that it was wrong. 8475. No person may be tried, sentenced, or punished for any crime while in a state of idiocy or imbecility, if incapable of making a de- fence; but persons may not be excused from criminal liability ex- cept upon proof that at the time of the commission of the alleged act the person was laboring under such a defect of reason, due to epilepsy or feeblemindedness, as not to know the nature of the act, or that it was wrong. Ill MISSISSIPPI Authorities: Code of Mississippi 1906 Laws of Mississippi igo8 I. ADMINISTRATION AND SUPERVISION a. General. Mississippi is without a state board having general supervision and control of charitable institutions. The state hospitals for the insane (which receive the feebleminded x?^tees and epileptic) are under the control and management of a board of ch'is"' "''^' trustees of five members, who are appointed by the governor, with ^'"'j • the consent of the senate, for terms of two years. The governor is ex-officio president of the board and may remove any member. The members serve without pay but receive expenses incurred in making visits to the hospitals. The board of trustees has charge of the hospitals and makes all |^9^- rules and regulations for their control. The number, salary and 3209. duties of all employees are determined by the board. The board must make a biennial report to the legislature. The board must visit each hospital twice a year, and the governor, or the chairman of the board, or a majority of the board, may order a visitation at any time, but without making their coming known to the authorities of the hospital in advance. At each visitation the trustees must examine the hospital register showing the diagnosis of the case of each patient made by the superintendent, if the patient was admitted to the hospital since the last visitation. b. Institutional. The superintendents of the hospitals are ap- |jj^^™**°^" pointed by the governor, with the consent of the senate, for a 3196. term of four years, and may be removed by the governor for proper cause. They must be skilled physicians. The superintendent has the supervision of his institution and its 3197. inmates; he must make or cause to be made, a diagnosis of the case 3201. of each patient upon admission to the hospital, and must visit each patient daily or cause them to be visited by an assistant. 2. CARE a. In special state institutions. There is no separate institution for the feebleminded or epileptic. b. In general state institutions. Feebleminded and epileptic persons are admitted to the Mississippi state insane hospital, at Asylum, and to the East Mississippi insane hospital, at Meridian. c. In local institutions. The board of supervisors of each county Poorhouses. is responsible for the maintenance of those who can not be received 3221. MISSISSIPPI 112 Jails. 3220. into the state hospitals or who are harmless incurables and may provide for them in the poorhouses which are under their control. If the hospitals cannot receive the patients, they may be confined in the county jail until there is room in the hospital. Residents. 3216. Persons Excluded. 3217. 3216. Writ of Lunacy, 3219- Commitment to hospital or jail. 3220. 3228. Application and certificate. 3227. 3. COMMITMENT a. Persons committed. All persons who are bona fide residents of the state and have not been brought into the state within five years must be admitted to the state hospitals free of charge. Mere idiots, fools, and non-curables who are not dangerous are excluded from the hospitals. Mere idiots, fools, and non-curables who are dangerous may be cared for as paupers, and any other persons whose admission would exclude free patients may not be admitted. b. Legal procedure in commitment. The chancery courts have jurisdiction of writs of lunacy, to be exercised by the clerks at any time, subject to the approval of the court. Any relative of a feebleminded or epileptic person may have him so adjudged; but if his relations and friends neglect or refuse to place him in a hos- pital, and permit him to go at large, the clerk of the chancery court must, on the application in writing and under oath of any citizen, direct the sheriff by a writ of lunacy to summon the person to contest the application, and six freeholders to sit at the hearing. The result of the inquisition must be returned to the clerk. The jury must be charged by him to make due inquest (the particu- lars being prescribed by law). If the jury finds that he should be confined, the clerk must direct the sheriff to arrest him and place him in one of the hospitals if there is a vacancy, and, if not, to confine him in the county jail pending such vacancy. The superintendent must obtain all the available facts relative to each patient admitted on an adjudication of insanity; and the board of trustees must prescribe suitable regulations in regard thereto. c. Voluntary admission. On application for admission to a hos- pital made on behalf of a person who is a resident of the state, the superintendent and trustees may admit him to the same, although he had never been adjudged insane. Before his admission, the per- son making the application must present to the superintendent a sworn certificate from two licensed, practicing physicians, and one re- spectable citizen who is personally acquainted with the person, all of whom must be residents of the same county in which he resides. Upon receipt of such application and certificate, the superintendent must forward to the physicians blank forms to be filled out, giving the history of the patient and such other information as may be required. 113 MISSISSIPPI d. Appeal from commitment. The writ of habeas corpus ex- Habeas corpus. 2445- tends to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto, except in cases expressly excepted. e. Cost of commitment. The costs of an inquest and the re- 3222. moval to and from the hospital are to be paid by the estate of the patient, and if he have none, by the persons required by the pauper laws to support him. The county of the legal settlement of a patient is hable' for all the expenses incurred and paid by another county. 4. CONVEYING PATIENTS TO THE INSTITUTION If the relatives or friends of any patient neglect or refuse to place Relatives, him in a hospital, the sheriff, upon receiving the writ from the clerk sheriff, of court, must place the patient in one of the hospitals if there is a vacancy; if not, the patient must be confined in the county jail until there is room in a hospital. 5. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS A patient who is found tq be incurable but harmless, and who can Discharge, properly be cared for outside of the hospital, and an epileptic patient who has recovered, must be removed at the request of the super- intendent by the sheriff of the patient's county of residence, pro- vided a near relative who has been notified by the sheriff to remove the patient fails to do so. If an epileptic patient has recovered, the superintendent of the hospital may furnish him transportation to his home and make requisition on the board of supervisors of his county for the costs. The superintendent must discharge a person found to be sane, although judged insane and 3226. confined in the hospital, and give him a certificate of sanitj^, a duphcate of which must be sent to the sheriff of the county. (See ^t- 3. d. habeas corpus.) 7. COST OF MAINTENANCE The expense of maintaining indigent patients in hospitals is borne indigents, by the state. But if a patient has an estate more than sufficient Nonindigents. for the support of his dependents, his guardian must pay the pa- tient's board in advance for six months and deposit enough money to provide him with clothing. For pay patients the cost is .$250 a year Pay^paUents. in advance. The person securing the admission of a pay patient must furnish a bond of $15,000 conditioned to make such payments annually for five years unless the person dies or is removed. MISSISSIPPI 114 Court may appoint. 2430. Guardian ad ' litem. 604. Clerk of Courts. 2432. Divorce. 1669. Confined in hospitals. 1540. Excused from indictment or acquitted. 1538. 1539- Presumptions. 73 M. 734. Persons re- sponsible. S6 M. 269. Impulses. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The court of chancery, upon its own motion or on application of a friend or relative, may appoint a guardian for a person of unsound mind. The court may appoint a guardian ad litem for any defendant of unsound mind, when the court considers it necessary for the protection of the interest of the person. b. Community. If someone will not qualify as guardian for a person of unsound mind, the guardianship may be devolved upon the clerk of the court of chancery of the county in which the patient resides. 9. SPECIAL EDUCATION 10. MARRIAGE Divorce may be decreed to the injured party on account of insan- ity or idiocy at the time of marriage if the party complaining did not know of the infirmity. II. STERILIZATION 12. DEFECTIVE DELINQUENTS When a person is acquitted of an offense on the ground of insanity (which includes idiocy) the jury must so state in the verdict, and whether he is dangerous to the community. If certified by the jury that the party is dangerous, the judge must order him confined in one of the state hospitals. Whenever the grand jury refuses to indict a person or whenever a person is acquitted of a crime by reason of unsoundness of mind, and the jury is of the opinion that the person is dangerous to the security of persons or property, or the peace of the community, notice must be given to the clerk of the court, who must proceed with the person and his estate according to the law relating to persons of unsound mind. 13. CRIMINAL RESPONSIBILITY All persons are presumed to be capable of crime and the presump- tion warrants conviction in the absence of evidence sufficient to raise a reasonable doubt. To excuse one from criminal hability on the ground of unsoundness of mind, the accused must be unable to form a proper perception of the difference between right and wrong. Uncontrollable impulses and delusions arising from mental dis- ease, existing to such a degree that for a time reason, judgment, and conscience are overwhelmed, are good defenses to a criminal prosecution. 115 MISSOURI Authorities: Revised statutes of Missouri, 1909 Laws of Missouri, igir, 1913, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The inspection of the institutions caring for the ^^^^^"^.^^ feebleminded and epileptic is vested in the board of charities and «'^P'=g^''°=- corrections. The board consists of six persons, two of whom must ^'*j^*|^" be women and, of the remaining four, not more than two may belong to the same political party, appointed by the governor, who is ex-officio member of the board, for terms of six years. The gov- ernor may remove members of the board for cause. They receive ^''jjga''^' no compensation for their services, but are paid the expenses in- curred in the conduct of their duties. The board has supervision over all state and county institutions '^iva. caring for feebleminded and epileptic persons. It may specify the forms of account, supervise the erection of buildings, and arrange semiannual meetings for the officers of all state institutions, at which two or more officers of each must be present. The board '321- must make a biennial report to the governor. b. Institutional. The colony for feebleminded and epileptic is ^^°jg under the supervision of a board of five managers, two of w'hom^J^sed must be women, and of the remaining three not more than two 'soi.. must belong to the party in power. The members are appointed by the governor with the consent of the senate for terms of four years. They receive one hundred dollars per annum as compensa- tion for their services, and are allowed the expenses incurred in the performance of their duties. The board has the general direction and control of all the persons 1S04. and property of the colony. It elects its own officers and makes all 1502. rules and regulations for conducting the colony. The board may 1503. receive property in trust, appoints, removes, and determines the salaries of the superintendent and other officers of the colony, and makes a biennial report to the governor of all inspections, proceed- ings and meetings. The board must meet at least six times each year for the purpose 1504. of inspecting and conducting the business of the colony. Failure of any member to attend two of the meetings held in each year may cause a vacancy in the office. The superintendent of the colony must be a well-educated physi- supermtend- cian, a graduate of a legally chartered medical college, with an 's°5- MISSOURI 116 experience of at least five years in practice, including one year's 1506. experience in a general hospital. He has charge of the colony and performs the duties prescribed by the board of managers. County almshouses. 1336. State and private patients. 1S08. Applications. 1508. Apportionment of patients. 1510. Juvenile court. Acts of 19 II, p."i84,'l7. Application. Revised] Statutes. 1S08. 2. CARE a. In special state institutions. Missouri Colony for Feebleminded and Epileptic, Marshall; established 1889; 1,000 beds. b. In general state institutions. c. In local institutions. Feebleminded and epileptic persons who cannot be cared for at the colony may be received in the county almshouses and asylums, which are under the management of the county courts. 3. COMMITMENT a. Persons committed. Feebleminded and epileptic persons residing in the state who, if of age, are unable or, if under age, whose parents or guardians are unable, to provide for their support may be admitted as state patients, and such additional number, of any age, as can be conveniently accommodated may be admitted on reason- able terms as private patients. b. Legal procedure in commitment. State patients may be admitted into the colony upon the official application of any judge of a court of record or upon a written request of persons desiring to send them. The application of the parties must be verified by the affidavit of the petitioner and two disinterested persons, and must be accompanied by the certificate of two creditable physicians. The court must certify as to the creditability of the physicians and that the patient is eligible for admission to the colony. Whenever more applications are received for admission of state patients than can be accommodated in the colony, the managers must so apportion the number received that each county may be represented in the ratio of its feebleminded and epileptic popula- tion, as shown by the statistics of the state. Children under seventeen years of age who are juvenile offenders and found by the juvenile court to be feebleminded or epileptic, may be committed to the colony under such conditions as the court may prescribe. c. Voluntary admission. Private and state patients are admitted to the colony upon written application and affidavit, accompanied by the certificate of two creditable physicians approved by the court. d. Appeal from commitment. (See 6. Parole and discharge of patients; habeas corpus.) 117 MISSOTJM e. Cost of commitment. The cost of examining state patients and of removing them to the colony is a charge upon the treasury of the county of the residence of the patient. 4. CONVEYING PATIENTS TO THE INSTITUTION The sheriff of the county, or any other suitable person, must be l^i'. directed by the clerk of the county court to convfey the person to the colony. The relatives of the person have the right, if they choose, to convey him. Before sending patients to the colony, the county court must see to it that they are free from contagious disease, properly cared for and clothed. 5. TRANSFER OF PATIENTS If any inmate of the colony for the feebleminded and epileptic 2^?sptaT. becomes dangerously insane, the superintendent must cause the 's°'- patient to be transferred to the state hospital nearest the county from which the patient -was sent. The expense of the transfer and main- tenance in the hospital must be paid by the county from whence the patient came. 6. PAROLE AND DISCHARGE OF PATIENTS The superintendent of the colony with the approval of the man- Discharge, agers may discharge any patient who, in their judgment, has fully recovered. If the patient discharged is a state patient, he must be returned to the county from whence admitted at the expense of the county. Every person committed, detained, or restrained of his liberty Habeas corjus. under any pretense whatsoever, who cannot be discharged, bailed, or otherwise relieved, may prosecute a writ of habeas corpus. The superintendent of the colony may parole any patient when- Parole, ever he deems it best. 7. COST OF MAINTENANCE Patients whose parents or guardians are unable to provide for state patients, their support and who are designated as state patients must be re- ceived and gratuitously supported in the colony for the feeble- minded. Statement of the ability of the parents or guardians to support the patients in whole or in part must be made with the application for admission, verified by af&davit, and certified by the court. , Private patients may be admitted to the colony by the managers ^^^^^^ on sueh terms as are declared to be just. 'SoS.* MISSOURI 118 Appointed by court. 474. as amended by Actsof 1913, Revised Statutes, 476. 475, as amended by Acts of 1913- Removalof guardian. Revised Statutes. 522. Guaidian ad litem. Actsof 1913, p. 32a; 5- 8. GUARDIANSHIP , AND SUPERVISION a. Personal. If information in writing be given to the probate court that any person in the county is an idiot or person of unsound' mind and incapable of managing his affairs, the court may cause the facts to be inquired into and submit them to a jury, if demanded. Notice of the hearing must be served upon the person and he must be brought before the court unless the court records reasons for the attendance not being required. If the party is found to be of un- sound mind, a guardian must be appointed by the court. The court may remove a guardian for neglect of duty and appoint another. The court must appoint a guardian ad litem to represent the in- terests of incompetent persons in actions which come before the court. b. Community. Persons under indictment. Revised statutes. 5207. Confined in state hospital. S2o8. Persons acquitted. 1430. Konindigents committed to hospital. 1431. Indigents remanded tojaiL 1432. Excluded from reformatory. Laws 1917, p. i6s. 9. SPECIAL EDUCATION 10. MARRIAGE II. STERILIZATION 12. DEFECTIVE DELINQUENTS The laws relating to the care of the criminal insane are applied to feebleminded and epileptic criminals. When a person indicted for any crime after his indictment and before his trial is thought to be mentally defective, tjie court must order a jury to try and decide the question. The person must be notified of such proceedings, unless the court order such person to be brought before it. If the jury is satisfied that the person is mentally defective, they shall so declare in their verdict, and the court must order him to be conveyed to a state hospital. When a person, tried upon indictment for any crime or misde- meanor, is acquitted on the sole ground that he was mentally defec- tive at the time of the commission of the offense, the fact must be found by the jury in their verdict. If the prisoner is not a poor person, and the court is satisfied that it would be unsafe to permit him to go at large, the court must commit him to the hospital, the costs of commitment and all expenses for the support and mainte- nance of such prisoner to be paid out of the proceeds of his estate. If the prisoner is a poor person, the court must remand him to the custody of the sheriff or other officer of the court, at the expense of the proper county, until the county court causes him to be removed to the hospital, as in the cases of insane poor persons. No person who is idiotic may be commited to or received into the Missouri reformatory. 119 MISSOURI 13. CRIMINAL RESPONSIBILITY The presumption is that all men are of sufficient capacity to be capacity to , *^ ^ commit cnme. responsible for crime. Any person who is tried for a crime i^^y 7im»-J73.^^ rebut the presumption by evidence which is reasonably satisfactory to the jury. The legal test of the accountability of a' criminal for his acts is his mental ability at the time of the commission of the crime to discriminate between right and wrong with respect to the offense charged in the indictment. 120 MONTANA Authorities: Revised Codes of Montana, 1907 Supplement to Revised Codes of Montana, 1915 Board of education. Supp. of 1915, 1171, 642. 643. 645- 647- 648. President and teachers. 648. Executive board. 649. I. ADMINISTRATION AND SUPERVISION a. General. Feebleminded persons must be admitted to the school for the deaf and blind, which is under the general control and supervision of the state board of education. The board consists of eleven members, eight of whom are appointed by the governor with the consent of the senate for terms of four years. The governor, superintendent of public instruction and attorney general are ex- officio members. The governor is president, the superintendent of public instruction the secretary, and the state treasurer is treas- urer of the board. The board must hold semi-annual meetings at the state capitol in June and December and special meetings may be called at places designated by the president or the secretary. The members re- ceive no compensation but are allowed the expenses incurred in at- tending the meetings. The board has power to make rules and regulations for the conduct of the institution and to appoint a president and teachers for the school and fix their salaries. The board must make an annual report which may be printed under the direction of the state board of examiners. b. Institutional. The immediate direction and control, other than financial, of the school for the deaf and blind is under an executive board, subject always to the supervision of the state board. The executive board consists of three members, two of whom are appointed by the governor with the consent of the state board of education for terms of four years. The president of the institution is ex-officio member of the board. At least two of the members must reside in the county where the institution is located. The members of the board, except the president, may receive such compensation as is fixed by the state board of education. " The compensation must not exceed five dollars a day nor $125 a year. The members are reimbursed for expenses incurred in the per- formance of their duties. The board must meet in regular session at least once in each quarter, and monthly or more often if the business of the institution requires it. The board must make an annual report to the state board of education and to the state board of examiners. 121 MONTANA The state board of examiners has supervision and control oi^°"^°^ _ ir examiners. all expenditures of the institution. The executive board may 649.632. contract and pay for supplies or services without the supervision of the board of examiners, but the amount may in no single instance exceed two hundred and fifty dollars. 2. CARE . a. In special state institutions. Montana Training School for Backward Children, Boulder; estab- lished 1893; 94 beds. This is a department of the school for the deaf and blind, the executive board of which is authorized to provide a separate build- ing and a farm colony for the feebleminded cared for in the school. b. In general state institutions. Idiotic persons are cared for in '"s- the state hospital and are subject to the laws for insane persons. c. In local institutions. Persons unable to earn a hvelihood byP""'*""*- •' 2053. reason of idiocy and who do not have relatives liable for their sup- ^°^3- port may be provided for at the poor farms, which are under the supervision of the boards of county commissioners; or they may beC™^*<=*=- cared for elsewhere under contract. 5. COMMITMENT a. Persons committed. Feebleminded persons residing in the ^«4™|«™'°*^' state of Montana, between the ages of six and twenty-one years, who are not unsound of mind or dangerously diseased in body, or of confirmed immorality or incapacitated for useful instruction by reason of physical disability, may be admitted to the instruction and entitled to ten years instruction in the school. The term may be extended two years upon the approval of the president. Feebleminded inmates who have passed the age of twenty-one years and are not fit mentally to make their way or become useful members of society may be retained in the school for hfe. b. Legal procedure in commitment. Idiotic persons committed '"t. to hospitals for the insane are subject to the same laws regarding admissions as insane persons. c. Voluntary admission. The executive board must admit bo«^^^^ feebleminded persons between the ages of six and twenty-one years, "^'//es who make application and conform to the rules set by the board. The board may ascertain and establish certain tests which may be lupp of loie applied in the determination of the mental ability of the applicant, "^i. Nonresidents may be admitted by the board. They are subject ^"Yll.'***"^" to all of the requirements of residents, and the cost of maintenance must be determined in advance. d. Appeal from commitment. (See 6. Parole and discharge: habeas corpus.) MONTANA 122 Transporta- tion. 1 170. Length of term. 1 1 68. Habeas corpus, 9630. Nonindigents. 2053. 1170. Indigents. Self-support of adults. Supp. 191S, 1171. Application. 7764. Notice and hearing. 7765. Guardian ad litem. 6482. e. Cost of commitment. If the inmate is too poor to pay for the transportation to the school and such fact is certified by the judge and the clerk of court, the sum must be paid by the county com- missioners out of the county treasury. 4. CONVEYING PATIENTS TO THE INSTITUTION 5. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS All pupils of the school are entitled to ten years' attendance. They may be discharged at the end of that period, or suspended, or expelled for cause before the expiration of that period. Every person restrained of his liberty may prosecute a writ of habeas corpus in the circuit or district courts. 7. COST OF MAINTENANCE Every person without means who is unable to earn a livelihood by reason of idiocy must be supported by his father, grandfather, mother, grandmother, children, grandchildren, brothers, or sisters in the order named; if they have sufficient property, they must pay to the county commissioners the sum of thirty dollars a month. • When the inmate does not have the relatives mentioned or the rela- tives are unable to maintain the inmate, relief must be provided by the county. The feebleminded adults under skilled supervision may be re- quired, by their labor, to contribute as far as possible to their own support and to the support of the school. 8. GUARDIAN AND SUPERVISION a. Personal. When the district court or a judge thereof receives a petition verified by a relative or friend that any person is mentally incompetent to manage his property, the court must cause a notice to be served upon the person not less than five days before the hearing. If the person is declared to be incapable of caring for himself and his property, a guardian must be appointed. A guardian ad litem may be appointed for an incompetent party upon the apphcation of a relative or friend or any party to the pro- ceedings. b. Community. 9. SPECIAL EDUCATION School district clerks of each county In the state must report to the county superintendent of schools the names and addresses of parents a,nd guardians of all feebleminded persons residing in their district between the ages of five and twenty-one years and send the list of the names to the superintendent of the school. 123 MONTANA 10. MARRIAGE A marriage may be annulled when at the time of marriage either ^S?ria"es. party was of unsound mind. ^*^*' II. STERILIZATION 12. DEFECTIVE DELINQUENTS Idiotic and imbecile convicts must be received into the state £°'^,^jf"' the state insane hospital. If the mental capacity at the time of the trial is ''°^5^',*_^- in question, the court must order the question submitted to ^^^^°^cimed special jury and if it is determined that the party is incapacitated***™® "*'"»'• at the time of the trial the court must order the party committed 9523- by the sheriff to the state hospital. The expense of sending the defendant to the hospital, keeping ^^Is^e.^^' him there, and of bringing him back, is chargeable upon the county in which the indictment was found, or the information filed; but the county may recover from the estate of the defendant, or from a relative of the town, city or county bound to provide for and main- tain him elsewhere. 13. CRIMINAL RESPONSIBILITY Idiots do not possess soundness of mind sufficient to have criminal N"' responsible ^ for crimes. intent, which is required for the commission of all crimes. 8113. 124 Board of charities and corrections. Revised statutes. 5826. Board of commissioners of state institutions. VI79- 7183. 7184. 718s. 7187. Lawsof 1917, ch. 131. Revised Statutes. 7191- 7199. 7196,7197. 7198, 7r96. 7195- Superintend- ent. 7222. 7190. 7194. NEBRASKA Authorities: Revised Statutes of Nebraska, 1913 Laws of Nebraska, 1915, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The state board of charities and corrections is composed of the governor, the superintendent of public instruction and the commissioner of public lands and buildings. The board has the duty to inquire into the whole system of pubhc charities in the state and counties and to ascertain the condition of all institu- tions. The governor may at any time in his discretion order a special investigation to be made by the state board or by a com- mittee of its members, or advisory secretaries, into the management of a state hospital or county institution in the state. A report of such investigation must be submitted by the governor to the legislature. The board liiust make a full report of its proceedings biennially to the governor. The board of commissioners of state institutions (also known as the board of control) consists of three members appointed and removed by the governor with the consent of two-thirds of the senate. Their terms are for six years. Each member must devote his whole time to the office and receives a salary of $3,000 a year and necessary expenses when traveling on official business. The board has oversight and general control of all state charitable, penal, and correctional institutions, including the institution for the feebleminded. For the latter institution it appoints a superin- tendent, steward, matron and a physician, determines their salaries, and may remove officials for just cause. The board must purchase all supplies and supervise the erection of all buildings and improve^ ments. It must visit each institution, without notice, once in six months, and some member must visit each institution at least once in sixty days. As far as circumstances permit, every inmate must be seen upon each visit, and the board may examine witnesses as to the conduct of the institution. The members must be prepared to give information to the legislature, and must make annual and special reports to the governor and submit estimates to the legis- lature. b. Institutional. There are no local boards of trustees. The institution for the feebleminded is under the immediate direction of its superintendent. He is responsible for all of the property belong- ing to the institution and must keep a record of the inmates. The superintendent may appoint his assistants and remove any employee for reasons which must be filed with the board. He must make 125 NEBRASKA monthly repoits of the condition of the institution to the governor and the board, and weekly reports to the board of the additional inmates, together with all deaths or discharges. 2. CARE a. In special state institutions. Nebraska Institution for Feebleminded Youth, Beatrice; estab- lished 1886; 600 beds. b. In general state institutions. c. In local institutions. Persons unable to earn a livelihood by reason of idiocy, and who IHI'. •do not have relatives bound for their support, may be cared for by ^*'^' the overseers of the poor in the county poorhouses. 3. COMMITMENT a. Persons committed. Tbe institution for the feebleminded may as amended receive as inmates only such idiotic, imbecile and feebleminded chT^s"/.'''^ persons as may be transferred or committed to the institution. b. Legal procedure in commitment. Upon the receipt of a peti- SltSel tion stating that a person is idiotic, imbecile, or feebleminded, the as amended county court or the judge must appoint a day for the hearing and ch^isi.'''^' give notice to all parties interested. If it appears that the person is idiotic, imbecile or feebleminded, and that the best interests of the person and the welfare of society requires it, the court must commit the person to the institution for the feebleminded. c. Voluntary admission d. Appeal from commitment. (See 6. Parole and discharge; habeas corpus.) e. Cost of commitment. The cost of the proceedings for com-^™tes. mitment and transportation to the institution must be paid out of as ^nended the estate of the inmate, or by the husband or parent. If the in- ch^i^jiV^' mate has no estate and the husband or parent cannot be held for the expenses, they must be paid by the county board. 4. CONVEYING PATIENTS TO THE INSTITUTION R^yif ^- of five physicians appointed by the board of commissioners of state institutions, three of whom must be from the institutions for the insane and feebleminded. The members receive no compensation, but are paid the expenses incurred in the performance of their duties. If the board finds that an offspring would inherit a tendency 3- to feeblemindedness, the inmate must be made sterile prior to the parole or discharge. The operation may not be performed without the consent of the operaaon. family and the inmate, so far as the inmate is capable of assenting. It must be performed at the institution, in the presence of a member of the examining board and by one of the staff surgeons or by a surgeon selected by the family or guardian of the inmate. 12. DEFECTIVE DELINQUENTS Any delinquent, dependent, or neglected child under the age of J^^^J*^^^ eighteen years may be committed by the court to the institution for ^^^^^g the feebleminded, when the health and condition of the child so "S"- requires. 13. CRIMINAL RESPONSIBILITY Any person prosecuted for an offense may plead that he is not ^°^^^' *'*«'='= guilty by reason of mental derangement. When such a defense is pleaded, pleaded, the court must instruct the jury to so state it, if acquittal Conmittedto is made upon that ground, in which case the court must order the person committed to the state hospital for the insane. 128 NEVADA Board of commissioners. Actsof 1913, CI1.231.3- Superintend- ent. 6. 13. Ch. 287, 1. Application. Ch.231,13. Authorities: Revised Laws of Nevada, 1912 Acts of 1913, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The board of commissioners for care of indigent insane, consisting of the governor, state treasurer, and state comp- troller, has full power and exclusive control of the state hospital for mental diseases and its inmates, of the appointment and re- moval of its superintendent, and of establishing the regulations and by-laws for its government. The record of the board's proceedings must at all times be open to inspection by a committee of the legislature. It is required to make a biennal report in detail to the legislature of all that pertains to the activities of the hospital. b. Institutional. There is no local board of trustees. The super- intendent must be a graduate in medicine, his salary is 12,400 a year; and he is empowered to employ all necessary help needed at the hospital, subject to the approval of the board of commissioners, to which he is required to make a monthly report of the operations of the institution. 2. CARE The superintendent of public instruction and the board of com- missioners are both authorized to make arrangements with the di- rector of any institution for the feebleminded in California, Utah, or other states for the support, care, and education of the feeble- minded children of Nevada. a. In special state institutions. There is no special state in- stitution for the feebleminded or the epileptic. b. In general state institutions. Idiots or feebleminded persons are committed to the state hospital for mental diseases at Reno. c. In local institutions. 3. COMMITMENT a. Persons committed. Any idiot or feebleminded person may be committed to the state hospital for mental diseases, provided he has been a resident of the state for five years and of the county for one year. Indigent feebleminded minors may be sent to institu- tions for feebleminded in other states. b. Legal procedure in commitment. The district judge in each judicial district, or in his absence the county clerk, upon the sworn application that any person within the district, who has been a 129 NEVADA iona fide resident of the state for more than five years and of the <;ounty wherein he is at the time residing for one full year next preced- ing the application, is an idiot or feebleminded person, must have the person brought before him and examined by one or more licensed e^*™^"*"""- practicing physicians. If the judge finds the person to be an idiot or feebleminded, that he is incompetent to provide for his care and support and has no estate or relatives of sufficient means to do so, and is further satisfied that it will be for the best interest of the in- digent and the county of which he is a resident, he must commit Commitment, him to the hospital for mental diseases, at the expense of the county. The board of commissioners may receive and care for indigent CMdren. feebleminded minors, to hold them subject to an arrangement f or Ch. 287, i. their care in an institution of a neighboring state selected by the board. The superintendent of public instruction upon application ■of parents or guardian, must issue a certificate authorizing a feeble- minded child, who has been certified by the county commissioners to be such, and whose parents are unable to support and educate the child, to be admitted into an institution for feebleminded of some other state, as provided for by law. c. Voluntary admission. d. Appeal from commitment. (See 6. Parole and discharge; habeas corpus.) e. Cost of commitment. The expense of committing idiots and^^J^y*''® feebleminded persons is a charge upon the county of residence, if Ch. 231, 13. the person has no estate or relatives liable for the support. 4. CONVEYING PATIENTS TO THE INSTITUTION Idiotic and feebleminded persons are conveyed to the hospital ^7,iS- -at the expense of the county if the estate or relatives of the person cannot be held for the expense. The sheriff must send notice to the superintendent of the hospital, who must send an employee of the hospital to accompany the patient to the hospital. Relatives of the first degree may convey the patient at their own f^^dant expense, and a female patient must be accompanied with a relative or a female attendant. 5. TRANSFER OF PATIENTS Persons committed to the state hospital for nervous diseases who Comicts. are adjudged unsafe to be permitted to go at large because of feeble- mindedness must be taken back to the county by the county com- missioners, unless provision is made for their support in the hospital. , 6. PAROLE AND DISCHARGE OF PATIENTS All patients committed to the hospital for mental diseases are p«'''»*'<"i. deemed to be on probation for a period of thirty days. If at the NEVADA 130 Lunacy commission. Habeas corpus. Revised laws, 6226. 622S. Estate and relatives liable. Actsof igz3, 10. Indigents. 10, 13, 14, 18 Court must appoint. 9- Guardian ad litem. Revised statutes. 4993. Convicts. Mental capacity. 6268. 6269. end of that period, the superintendent notifies the board of comnais- sioners of the hospital that an inmate is feebleminded, request must be made by the board to the court for the appointment of a lunacy commission to examine the patient. If it is declared that the patient is unsafe to be at large, the county commissioners must be notified to support the patient or provide for his return to the county. Any person restrained of his liberty may prosecute a writ of habeas corpus to inquire into the cause of it. A writ may be granted by any judge of the supreme or district courts. 7. COST OF MAINTENANCE If an inmate has an estate, the court must direct the guardian to give a bond for maintenance. If a patient has no estate, relatives residing in the state may be assessed and required to make quarterly payments in a manner deemed just and reasonable by the court. If a patient has no estate or his means of support become ex- hausted, he must be transferred to the indigent list, and the county from which the patient was committed must make quarterly pay- ments for his maintenance. 8. GUARDIANSHIP AND SUPERVISION A guardian must be appointed by the court for all persons ad- judged feebleminded who are possessed of an estate. A guardian ad litem must be appointed by the court in all suits to which a feebleminded person is a party, upon the request of a relative, friend, or party to the action. 9. SPECIAL EDUCATION ID. MARRIAGE II. STERILIZATION 12. DEFECTIVE DELINQUENTS 13. CRIMINAL RESPONSIBILITY Idiots and lunatics are not capable of committing crime, and are not liable to punishment, unless they have sufficient soundness of mind to know the distinction between good and evil. 131 NEW HAMPSHIRE Authorities: Public Statutes of New Hampshire, 1901 Supplement to PubUc Statutes of New Hampshire, 1901-1913 Laws of New Hampshire, 1915, 1917. I. ADMINISTRATION AND SUPERVISION a. General. The state board of health, which is composed of co-nmission ' ^ ^ _ ^ of lunacy. the governor, the attorney general, three physicians and a civil p- s- ch. 10, engineer, constitute a commission of lunacy. The physicians and engineer are appointed by the governor with advice of the council for terms of four years. The commission is charged with the duty 34- of visiting and inspecting all hospitals and other institutions at least 33- once in four months, and to examine into all matters relating to the care and general welfare of the inmates. It may order the removal of any indigent person to a state institution. The commission must keep a correct record of the number of commitments, discharges and deaths at each institution or other place of detention, giving details as to age, sex and nationahty, and report the same annually to the governor and the council. The superintendent of every institution or other place where inmates are confined must within three days after the commitment of any person notify the com- mission of lunacy of the fact. Any person or corporation desiring to maintain an institution for ^J^^t^ig the reception of feebleminded or epileptic persons must first make ^f^l"'' '9''' application to the state board of health. After investigation the board may issue a license to the applicant, with such restrictions as it deems necessary. The institution must be open to inspection 3. by the board of health at all times. Any person violating the * above provisions may be fined not more than $500 or imprisoned for not more than one year, or both. The board of charities and corrections is composed of five persons ^^"^^{^^ appointed by the governor and the council for five years. The |<'^«gj'|='^ members receive no compensation except expenses incurred. The »• ^78. secretary of the state board of health is ex-officio a member of the board of charities. The board has the duty of inspecting all state and county charitable and correctional institutions. It must report biennially to the governor and may make recommendations to the county commissioners. The board of trustees of state institutions consists of the governor ^IJ^g"/ ^f and five persons who are appointed by him with the consent of the^ta^einstita- council for terms of five years. The members receive eight dollars ^^w^j'^* '9^^' a day and expenses for each day they are engaged in their ofiicial NEW HAMPSHIRE 132 Ch.ii2. Purchasing agent. Laws of 19 15, Ch. 176. 6, 7. 9- duties. The board has control of five institutions, including the school for the feebleminded. The board must hold a regular meet- ing at least once each week, and at such other times as its duties require, for the purpose of hearing such matters as the superintend- ents of the institutions may desire to bring to its attention. Each institution must be visited and inspected by a member of the board at least once each month and the board must make rules for such visits by its members in rotation and such other rules as may be deemed proper. The board must employ a competent person to act as purchasing agent for all state departments and institutions; his annual salary must not exceed $3000. b. Institutional. There is no local board of trustees. The superintendent of the school for the feebleminded is appointed by the board of trustees of state institutions. 2. CARE a. In special state institutions. New Hampshire School for Feebleminded, Laconia; established 1901; 280 beds. b. In general state institutions. c. In local institutions. Pauper children. Laws of Z917, Ch. 141. Adults. Private patients. Supp. p. 158- 159. Order of admission. Supp. p. 160. 3. COMMITMENT a. Persons committed. All idiotic and feebleminded children supported by towns or counties in the state, who in the judgment of the selectment of towns, county commissioners, or state board of charities are capable of being benefited by school instruction, may be committed to the state school for the feebleminded. Provision must be made for the detention, care, and custody of feebleminded inmates of the school after they reach the age of twenty-one, if in the judgment of the board of trustees their segregation seems to be for the best interests of the community. Children supported by their parents or by other states, may be admitted upon payment of a determined sum. Feebleminded persons must be admitted in the following order: first, feebleminded children now in public institutions supported entirely at public expense; second, feebleminded children not supported as aforesaid; third, feebleminded children of the state not in| any public institution who have no parents, kinsmen or guardian able to provide for them, or persons committed by a judge of probate; fourth, those residing within the state whose parents, kinsmen, or guardian bound by law to support such children are able to pay; fifth, children of other states whose parents or guardians are able and willing to pay. 133 NEW HAMPSHIRE Feebleminded women of child-bearing age, are also admitted to the su''^ ch'240 state school. b. Legal procedure in commitment. Whenever it is made to App'i«**»?" ° *^ and hearmg. appear upon application to the judge of probate for any county, supp- p- 159- and after proper hearing, that any feebleminded child or any feeble- minded female of child-bearing age resident within the county, and who is not already in any almshouse, the industrial school, the state hospital for the insane, or supported by any town or county, is a fit subject for the school for feebleminded, the judge may com- mit the child or feebleminded female to the school by an order of commitment directed to the trustees, accompanied by the certificate of two physicians that the feebleminded female is a suitable subject for the institution. c. Voluntary admission. (See 3. a. Persons committed.) d. Appeal from commitment. Any order of commitment is 159-60. subject to appeal and no commitment may bar habeas corpus Habeasicorpus. proceedings. But the court, upon habeas corpus proceedings, may confirm the order of commitment whenever justice requires. e. Cost of commitment. 4. CONVEYING PATIENTS TO THE INSTITUTION 5. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS Any inmate of the school for feebleminded may be discharged by ^^^^^ the trustees .of state institutions, or by a justice of the superior or ™ay^|scharge. supreme court, whenever further detention at the school is unneces- jP^? sary. But any person under sentence or imprisonment at the time ii^^tss under J J I:' ^ sentence. of commitment must be returned to the prison, if the period of sen- tence has not expired when discharged from the school. 7. COST OF MAINTENANCE All indigent and destitute children in the state who have no indigents, parents, relatives, friends, or guardian able to provide for them may be supported by the state. Children whose parents are bound by Non-indigents law for their support and children from other states, are supported by their parents and by the other states, respectively, by the pay- ment of an agreed sum. 8. GUARDIANSHIP AND SUPERVISION a. Personal. Upon appUcation to a probate judge by a relative ^'^"g^™ or friend of an idiot or feebleminded person, or by the overseers of p- S- ch. 179. the poor of the town where the person lives, requesting that a '■ guardian be appointed, the court must give notice to the parties and appoint three suitable persons to make an investigation. If it is reported necessary, the court must appoint a guardian. NEW HAMPSHIRE 134 Gnardianad litem. Ch. 177. On own ap- plication. Supp. p. 445. State wards, P. S. Ch. 10, Marriages re- stricted. Laws of 1915, Ch. 161. Affidavit of physician. Decree of nullity. Ch.175, 2, 10. Operations permitted. Laws of 19 1 7. Ch. 181. Council of physicians. Persons awaiting trial. Supp. p. IS. Any court may appoint a guardian ad litem to prosecute or defend a suit pending for or against a feebleminded person. Any person who by reason of mental disability is incapable of managing his own affairs may apply to the probate court for the appointment of a conservator, and the judge, without notice or hearing, may appoint a person who must be subject to the law rela- ting to guardians. b. Cominunity. All persons deprived of their liberty by reason of being committed to custody as insane persons, which includes idiots, are wards of the state and subject to state supervision. 9. SPECIAL EDUCATION 10. MARRIAGE No woman under the age of forty-five years or man of any agci except he marry a woman over the age of forty-five years, either of whom is an epileptic, imbecile, feebleminded, or idiotic person, may marry any other person within the state. Officers are pro- hibited from granting licenses to, and ministers and officers are prohibited from performing marriage ceremonies for such persons. Should any question arise as to the mental condition of either party, an affidavit of a licensed physician, stating that the person is not epileptic or feebleminded, must be procured. If any doubt exists as to a marriage being void, a petition may be filed and a decree of nullity may be made. If the defendant is incapable of responding by reason of epilepsy or feebleminded- ness, a guardian must be appointed to answer for him. II. STERILIZATION The operation of vasectomy and fallectomy maybe performed to prevent the reproduction of additional feebleminded persons, or for the therapeutic treatment of certain mental diseases, when the written consent of the patient and of the nearest relative or guardian is given. The physician of the institution must recommend the advisa- bility of the operation to the patient and to the relative or guardian, and the patient must consent when mentally competent to do so. A council of two registered medical practicioners, one a physician and one a surgeon, of not less than five years practice and not re- lated to the patient, must be called. They must decide as to the necessity of the operation and determine whether the person to be operated upon is capable of giving his consent. 12. DEFECTIVE DELINQUENTS Any person indicted for an offense or committed to jail awaiting action by the grand jury who has or is about to enter a plea of 135 NEW HAMPSHIRE / feeblemindedness, must be committed to the institution for the feebleminded, to be detained and observed until ordered discharged or returned for trial. If the person has sufficient means, he must be supported at his own expense; otherwise, at the expense of the Support, state. When the grand jury omits to find indictment against a feeble- p«"P»|^^^ minded person or the person is acquitted by a petit jury, the fact """"^d- must be certified to the court, and the court may commit the person to the institution, if in the opinion of the court it would be danger- ous to allow him at large. The governor and council or the supreme court may discharge Jranrfer of any person from prison or jail or maj' transfer any prisoner who is p- s. Ch. 25s. feebleminded to the state school, to be kept there at the expense s- ■of the state. Persons discharged from the school who are under g'^'i'^Be. ^ oUpp. p. 100. sentence of imprisonment, the period of which has not expired, must be returned to the prison. 13. CRIMINAL RESPONSIBILITY No person supposed to be of unsound mind may be permitted counsel to plead guilty or be placed upon trial until counsel have been ap- pointed to advise and conduct a defense. Any person prosecuted for an offense may plead not guilty by p^^^^*^"^*' reason of mental derangement and the plea may be accepted byP-s-cii.2ss. the state's counsel or may be found true by a verdict of the jury. An act produced by mental disease is not a crime. When suchff'^n^''^^^^- a defense is set up, the judge must be satisfied beyond a reasonable ^a^-^- ^^4. doubt as to the soundness of the person's mind and his capacity to ■commit crime. 136 NEW JERSEY Authorities: Compiled Statutes of New Jersey, 1910 Laws of New Jersey, 191 1, 1912, 1914, 191S1 1916) ipi?- Conunissioner of charities and corrections. C. S. p. 453- I. 2. Private institutions. p. 3202. 107-109. Reports to officials. Acts of 1012, Ch. 182. Board of managers of feebleminded institution. C.S. p. 1902. 34- 36. 37,38. 35. Colonies for feebleminded males. Actsof 1916, Ch.6i,i. I. ADMINISTRATION AND SUPERVISION a. General. A salaried commissioner of charities and corrections,, appointed by the governor for a term of three years, has the duty of inspecting all charitable and correctional institutions receiving funds from the state. He has power to see all state wards, must see all such who are in private institutions, and may require reports from the institutions under his inspection, together with other in- formation in the form he may prescribe. The commissioner must report annually to the governor. All private institutions for the care of the mentally defective and epileptic must be licensed by the commissioner of charities and corrections upon plans approved by him after careful inquiry. All licensed private institutions must be inspected at least twice a year by the department of charities and corrections and reported upon to the governor. Every physician and medical director of schools must report every case of mental deficiency to the assessor, to the local board of health or to an officer designated by the board. All reports must be transmitted to the board of health and the board of charities in a monthly report. b. Institutional. The institution for the feebleminded is under the control of a board of managers of seven members, three of whom may be females. The members of the board are appointed by the governor with the consent of the senate for terms of six years. The governor may, after notice and hearing, remove any member for cause. The members receive no compensation, but are paid the expenses incurred in conducting the business of the institution. The board elects its own officers and appoints a superintendent for the institution, who under the direction of the board, makes all rules and employs all the assistants necessary for its proper management. The board must make an annual report to the- governor. The commissioner of charities and corrections, together with four citizens appointed by the governor for terms of three years, constitute a board of managers of the state colonies for feebleminded males. The members serve without compensation but are reim- bursed for the sums expended in the conducting of the business of 137 NEW JERSEY the colonies. The board must determine the location of the colo- ^*' nies, make all rules and regulations for their control, and appoint officers and employes for them. An annual report must be made to the governor and the legislature. The government of the village for epileptics is vested in a board Sfa^'" of managers of eight members, not more than four of whom may^^-g^ be of the same political party. They are appointed by the governor J^ with the advice of the senate for terms of four years. The managers, other than the treasurer and secretary when elected from the body, receive no compensation but are paid the expenses incurred in the performance of their duties. The board elects its officers, appoints a superintendent for the *■ colony, and upon the recommendation of the superintendent ap- ;points assistants and determines their salaries. All rules and regula- tiohs of the village are made by the board. The managers must 3- hold bimonthly and annual meetings at the village, keep a record of all proceedings, purchase all supplies, and report annually to the governor. The officers, except the secretary and treasurer, must reside at g^s.^^^^^^^_ the village. Their offices are held at the pleasure of the board of ^"*; managers. The superintendent is the chief executive officer and must be a well-educated physician. He must ascertain the condi- tion of each patient, daily, and may discharge or suspend any employee or officer of the village. 2. CARE a. In special state institutions. « New Jersey State Institution for Feebleminded, Vineland; estab- lished 1888; 785 beds. New Jersey State Village for Epileptics, Skillman; established 1898; 893 beds. The 1916 session of the Legislature provided for the establish- ment of colonies for the feebleminded on the forest reserves or other state land. b. In general state institutions. c. In local institutions. No idiot may be detained in prison for "'j^^go'ej^ want of bail, or be taken on execution in any civil action or for any p-2784,2o.. penalty. d. In private institutions. The state maintains 380 feebleminded children in The Training School, a private institution at Vineland, N.J. Any indigent feebleminded female over twelve years of age, ior^^ef.^^^ the care of whom no provision has been made, may be sent by^'J^*' NEW JERSEY 138 the governor to suitable and convenient homes, the females and males must be kept separate. In these homes FEEBLE- MINDED. Acts of 1915, Ch. 151,2. p. 189S. Acts of 1916, Ch. 4,^61. EPILEPTICS. Actsof ipi4, Cb. 244, II. MINDED AND EPILEP- TICS. Applicatioii. 'C. S. P.4S'7. 19. EPILEPTICS, p. 4967, 26. Lawsof 1914, Ch. 224, II. 3. COMMITMENT a. Persons committed. Mentally defective men, women, and children of all ages and grades, whether deaf, dumb, blind, or other- wise, for whom no other provision has been made, may be admitted to the state institution for feebleminded, provided the medical superintendent of the institution certifies that there are sufficient accommodations for their care. Feebleminded males may be admitted to the colony for males in the manner provided for the admission of the feebleminded to institutions for their training, care and custody. Any epileptic person in indigent circumstances above the age of five years who has been a resident of the state for one year may be admitted to the village for epileptics. b. Legal procedure in commitment. AH applications for admis- ■ sion to any institution for the care and custody of the feebleminded or of epileptics must be filed in the office of the commissioner of charities and corrections, and admission must be granted when the commissioner is satisfied that all provisions of law have been com- plied with, that the medical director or superintendent of the in- stitution has approved the application, and that the applicant is a proper person for admission to the institution. The overseers of the poor and all pubhc officers charged with the oversight of poor persons entitled to public relief must make ap- plication for the commitment of all such persons who are epileptic. AppUcation may be made by any parent, guardian, or friend. Apphcation for admission of indigent persons must be made in the same manner as for private patients, but an additional order of the judge of the court of common pleas, which must be approved by a board of freeholders of the county, is required before admission may be granted. The court must determine the epilepsy and indigency of the party and may order commitment to the village. A copy of the order for commitment must be filed with the superintendent of the village before admission. It serves as a commitment for an in- determinate period, the minimum of which is not less than one year, and the maximum of which is determined by the board of managers. Any person sending a patient to the village for epileptics must see that the patient is clean, properly clothed, provided with suit- able raiment, and is free from disease. c. Voluntary admission. d. Appeal from commitment. e. Cost of commitment. 139 NEW JERSEY 4. CONVEYING PATIENTS TO THE INSTITUTION Whenever any female patient is to be removed to or from any ^^«^™^ie at- institution, the court, overseers of the poor, commissioners, or f ree- C- s. ^ ^^^ holders must provide a female attendant at the expense of the *9- county. Refusal or neglect to do so is punished by a penalty of $50. 5. TRANSFER OF PATIENTS Any patient or inmate of au institution for the feebleminded who ^i^D^iis may be suffering from epilepsy or who is insane; or any inmate of and epjlep- -any other state or county institution except a jail or penitentiary Acts^of^i9i4, who may be feebleminded or epileptic may be transferred to the^-s.^ ^ proper institution upon an order of the court, based upon an appli-p-457,i6 •cation of the managers of the institution in which the patient is con- fined, or upon the application of the commissioner of charities and corrections. The court must fix a time for the hearing and may order a transfer if it considers that the inmate is a proper person for transfer. But no inmate who has been transferred from the state prison may be transferred to another institution without first being returned to the prison. Transfers of epileptics from hospitals for epileptics. the insane may be made upon the request of friends or relative and '7. upon the certificate of the superintendent of the hospital that the patient is not insane. The cost of transfer is paid by the hospi- tal sending the patient. 6. PAROLE AND DISCHARGE OF PATIENTS Any parent, guardian, or custodian who makes an application to I^^D^m) liave a person admitted to an institution for the feebleminded waives p- j^gs, all right to remove the inmate either permanently or for a limited time. But the inmate may be discharged upon the request of the governor, on the recommendation of the superintendent of the institution or the superintendent may grant a leave of absence for a limited time. If the conditions of the parole are violated, the in- "■ mate may be taken back to the institution. No person transferred from the state prison may be discharged Aj'=°f '914. from the institutions for the feebleminded, and for the epileptic but must be returned to the prison to be discharged or dealt with ac- -cording to the laws applicable to inmates of the prison. The board of managers of the village for epileptics may discharge I^^^^^^J^^" any epileptic when, in their judgment, the physical condition of the ch. 224. inmate is such that the discharge is not likely to be detrimental to the community, and the patient is not likely to become a public ■charge. Persons who have been cured or who have passed the age of procreation may be discharged by the board. The decision of the fcoard with reference to any patient may be reviewed at the instance NEW JERSEY 140 of the inmate, relative, or guardian, in the same manner as a decision of any other quasi- judicial body. Pending the review, the inmate- remains in the custody of the village. Habeas corpus. An idiot or any other person in the state who is committed, con- X'ctsof 1912 fined, or restrained of liberty under any pretense whatsoever, and ch.i5o;i. persons who have left a charitable institution without being dis- charged may prosecute a writ of habeas corpus upon their attempted return to the institution. FEEBLE- MINDED. 7. COST OF MAINTENANCE After the commissioner of charities has approved an application. P.4S7.20. fQj. admission to the institution for feebleminded, an investigation, of the financial condition of the persons making the application must be made for the purpose of ascertaining whether it is possible for AcS^^^ou^' '''^sm to pay in whole or in part for the maintenance of the patient. ch.266,3. Persons transferred to the village for epileptics are supported by the county. But if the patient has no legal settlement in the state^ ch OS* '*'*' *^® expense of his support must be borne by the state. Whenever a person is committed to the village for epileptics and it appears that the person, or the husband, parents, grandparents^ children, or grandchildren of the person are able to contribute in whole or in part to his support or maintenance, the court may direct the parties to make such payments. The amount may be less, but pj«6s 14. ■'^^y ^°* ^® more than the amount fixed by the board of managers. If the sum ordered paid is larger than that charged to the county,, it must be paid direct to the village; if equal to or less than the- amount charged to the county, it must be paid to the board of free- holders of the county. The entire amount charged to the county may not exceed ten dollars a week and an additional sum, not to- exceed thirty dollars a year, for clothing. Chios! '''^' Action for recovery may be brought by the board of managers- p.'496s 14. against the estate or relatives bound for support. If no recovery can be had, the patient is deemed indigent and is supported by the- county. The amount charged to the county is placed upon the tax: levy, and may be recovered from the persons or towns liable. 4962*2' '"" ^ bond must be given for the support of private patients, and the- board may hold in trust any property given for the maintenance of any patients. 8. GUARDIANSHIP AND SUPERVISION ^^i^^mt'^ a. Personal. Upon a certificate of the facts being filed in the ?!27isl3e. surrogate's office, guardians may be appointed by the orphan's court for persons who have been declared idiots by a commission or who' are inmates of an institution. 141 NEW JERSEY icell oil Whenever it appears to the chancellor of the state that a person ^^""''lit, is an idiot and that no guardian has been appointed, the chancellor ^J'^^l' '"*• may appoint a guardian for the idiot. No action may be brought against an idiot, who has been so ad- Arsons against judged by the court, within one month after the appointment of a c- s. guardian, unless leave to sue is granted by the court. b. Community. 9. SPECIAL EDUCATION A sum, not exceeding $300 for each person, is appropriated each Jj f^'^f' :year for the education of such feebleminded persons as may be desig- ^^^f\ ,g nated by the governor. If the parents are not able to pay the ex- <=ii- 134- pense of clothing the pupil, an additional sum not exceeding thirty -dollars per annum may be granted. If the person is sent out of the state, a sum not exceeding $400, including clothing, may be allowed. li sent to a hospital, $450 may be allowed. Applications for admission to institutions, giving the age and Ap|"'=*''<>"s. ^circumstances of the pupil and the parents, must be made and veri-p- '896.3. £ed by two freeholders and certified as correct by the judge of the ■court of common pleas. The term of instruction is three years, but may be extended for^emofin- ■eight years, and then for a term left to the discretion of the governor, p- 1897.6. The overseers of the poor must make application for the feeble- indigent ^ ^^ persons. minded persons entitled to the benefits of the act, and must pay the v-^sgj.g. •cost of transportation and furnish the necessary clothing. Parents who are able to provide for the support of the feeble- s^»°^i>y minded benefited by this act, may be compelled to pay the whole or p- '897. "• part of the expenses. A sum, not exceeding $250 for each pupil, is appropriated annually I'^^l^*** ior the care in suitable homes of feebleminded females who are over p- '897. 14. "twelve years of age and for whom no other educational provision '3- lias been made. The board of education of any school district in the state may special ^ -^ schools. ■establish and maintain, as a part of the regular school system, aA^'sofigis, school for delinquent and dependent children under sixteen years of .age. Money available for any school district is available for the special school of the district. No school may be established without "the assent of the state board of education. Children in need of special instruction, residing in a district with no special school, may "be sent to the school of another district and maintained by the board of education which caused the child to be sent to the school. 10. MARRIAGE Feebleminded and epileptic persons who have been confined in any public institution for their care or treatment may not marry KEW JERSEY 142 Physicians' certificate. C. S. p. ir?8, 105c. Penalty, Board of examiners. Laws 1911, ch. 190. Examination. Hearing and appeal. Unconstitu- tional. Presumption of capacity. 4SN. J.L. 203. Test of responsibility. 39 N. J. L. 49S. Irresistable impulses and delusions. 39 N. J. L. 49S. Persons not subjectto trial. SON. J.L. 34. without obtaining a certificate from two licensed physicians, that- they are entirely cured and that there is little probability that the- defects will be transmitted to the issue of the marriage. Any person of sound mind, who, knowing of the disability, marries a feebleminded, or epileptic person is guilty of a misdemeanor. II. STERILIZATION The commissioner of charities and corrections, together with a surgeon and a neurologist appointed by the governor with the- consent of the senate for terms of five years, constitute a board of examiners for the purpose of examining idiots, imbeciles, epileptics, and feebleminded persons confined in the state institutions. Examination is made upon the application of the superintendent or upon the motion of the board. If the board, in conjunction with the physician of the institution, unanimously find that procreation. is inadvisable and that there is no probability that the condition of the inmate will improve, they may order any agreed operation to be- performed. Before the hearing, the board must apply to the judge of the court of common pleas for the assignment of counsel to represent the person to be examined. No order may become effective until five days after it is filed in the office of the clerk of the court and a copy served upon the counsel. All orders are subject to review by the supreme court or a judge. A stay may be granted during the review. In 1913 the supreme court of New Jersey declared the sterilization, law unconstitutional, so far as it referred to epileptics. 12. DEFECTIVE DELINQUENTS 13. CRIMINAL RESPONSIBILITY The presumption is that all persons are of sufficient capacity to be- responsible for crime, and any one setting up mental incapacity as a defense has the burden of proving it. The test of the responsibihty is the capacity of the defendant at the time of the commission of the- act to distinguish between right and wrong with reference to the act. Persons committing a crime under an irresistable impulse or de- lusion are held responsible for their acts, unless they are not con- scious at the time of the act that it was morally wrong. No person can be tried for a crime while so mentally deranged as not to be able to conduct a defense. The mode of determinating, the existence of mental derangement may be by inquiry of the trial, court, or by a specially impaneled jury. 143 NEW MEXICO Authority: New Mexico Statutes, 1915 I. ADMINISTRATION AND SUPERVISION There is no board having jurisdiction over the feebleminded or the epileptic. 2. CARE There are no state or local institutions for the feebleminded or statutes. 5099. epileptic. The statutes of 1915 state that "No case of idiocy, imbecility or simple feeblemindedness may be maintained at the asylum for the insane.'' 3. COMMITMENT 4. CONVEYING PATIENTS TO THE INSTITUTION 5. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS 7. COST OF MAINTENANCE 8. GUARDIANSHIP AND SUPERVISION The court of probate may appoint guardians for idiots in all cases courtmay when it appears that a guardian is necessary. ^sw. 9. SPECIAL EDUCATION 10. MARRIAGES A contract of marriage is a civil contract for which the consent of Marriage ° contract. the contracting parties, capable in law of contracting, is essential. 3425- II. STERILIZATION 12. DEFECTIVE DELINQUENTS 13. CRIMINAL RESPONSIBILITY When a defense is incapacity to commit a crime, the burden is on ^^ff**"' the defendant to introduce sufficient evidence to at least producein soPac.pos. the minds of the jury a reasonable doubt as to the mental condition. 144 Board of charities. C. L. 5377. ■5384. S3S3. Private onstitutioas. S461. State charities :aid association. 3385. Bospital -develapment ■commission. Laws of ioi7i Ch.238. NEW YORK Authorities: Birdeyes, Cumining & GUberts' Consolidated Laws of New York, 1909 Supplement 1910-1913, 1914, 1915, 1916, 1917 I. ADMINISTRATION AND SUPERVISION* a. General. The state board of charities is composed of twelve members, appointed by the governor with the consent of the senate for a term of eight years. One member must be appointed from each judicial district in the state and three from the city of New York. Each commissioner receives ten dollars and expenses for each day of attendance at meetings. The board, or any member or committee of the board, may at all times visit, inspect, and maintain general supervision of all chari- table and reformatory institutions receiving public funds. The results of their visits and inspections must be published in their annual report, which must be submitted to the legislature. The board or a committee of its members may, upon the approval of the supreme court, recommend and order changes in the method of conducting the institutions. Investigations of institutions must be conducted by the attorney general and district attorneys upon the request of the board. The board may license and supervise any home, retreat or asylum devoted to the keeping and caring for mentally enfeebled persons. Any justice of the supreme court may, upon the written apphca- tion of the state charities aid association (a private organization), grant to persons living in the district from which the institution receives iiimates, permission to visit and inspect public institu- tions. The association must report annually to the state board. The hospital development commission consists of the state en- gineer, the chairman of the state hospital commission, the state architect, the chairman of the senate finance committee, the chair- * Note. — By act of the 1918 legislature, a state commission on the feebleminded was established. The commission consists of a physician of ten years' standing, appointed by the governor, as chairman, the fiscal supervisor of state charitable institutions, and the secretary of the state board of charities. The chairman may be removed by the governor after a hearing. The members of the commission receive no salary, except the chairman, whose annual salary is $5,000. The general powers of the commission are to administer the law relating to the cus- tody, care, and treatment of the feebleminded; to take a census and keep a record of all feebleminded persons in the state; to recommend to the next legislature a general commitment law; to provide for the establishment and operation of clinics for the feebleminded; to establish farm and industrial colonies; to make rules for the reception, care, training, parole, transfer, and discharge of inmates of the state institutions for the feebleminded. 145 NEW YORK man of the assembly ways and means committee, two members appointed by the governor and one member of the legislature who is appointed by the minority leaders of the senate and the assembly from one of the financial committees of the legislature. The commission has charge of the construction of the state hos- pitals, must adopt a general plan of hospital development, provide for the proper accommodation of surplus patients and make recom- mendations to the legislature. It has power to make recom- mendations for the reclassification of inmates of state charitable institutions. b. Institutional. Each of the state institutions for the feeble- ^"J'lijl""" minded and for the epileptic is under the management of a board of seven persons appointed by the governor, with the consent of the senate, for terms of seven years. The board governing each institution makes all rules and regulations for that institution and appoints all of its officers and determines their salaries. The governor may remove any member of a board after a hearing. The board of managers or trustees of each institution must hold monthly meetings at the institution under its care and make in- spections, which must be reported to the governor, the state board of charities, and the fiscal supervisor. A majority of the members must attend each meeting and the failure of any member to attend meetings for three months shall cause a vacancy in the membership. Absences from meetings may be excused by the governor. Each institution is under the immediate supervision of a superin- ISs!™"^""*' tendent, who is the chief executive officer. Subject to the supervi- sion of the board of managers, he enforces the rules, regulations, and laws relating to the institution. 2. CARE a. In special state institutions. Syracuse State Institution for Feebleminded Children, Syracuse; established 1851; 607 beds. State Custodial Asylum, Newark; established 1878; 1050 beds. Rome State Custodial Asylum, Rome; established 1893; 1580 beds. Craig Colony for Epileptics, Sonyea; established 1894; 1470 beds. Letchworth Village, Thiells; established 1907; 342 beds. b. In general state institutions. c. In local institutions. New York City Children's Hospital and Schools, Randall's Island; department for feebleminded organized in 1870; 1,940 beds. The superintendents of the poor may provide for poor persons Po^s^sods, that may be idiots or lunatics at other places than in the almshouses, 4^33. in' the same manner as is provided for the care of the poor. 11 NEW YORK 146 FEEBLE- MINDED. Supp. 1910, p. 2590. p. 5401. p. 5403. EPILEPTICS, p. 3134. P.S4II. Supp. 1910, p. 2588. Retention of Inmates. Supp. 1914. p. 778. FEEBLE- MINDED, p. 778. EPILEPTICS. P- 773- 3. COMMITMENT a. Persons committed. Feebleminded children between seven and fourteen years of age are committed to the Syracuse institu- tion for the feebleminded, and feebleminded women of child-bear- ing age are committed to the Newark custodial asylum. The Rome custodial asylum receives feebleminded persons and idiots who are indigent, or inmates of county almshouses. After all in- digent patients are confined, nonindigent patients may be received. Although Letchworth Village was originally intended for epileptics as well as for the feebleminded of all ages, only the latter are re- ceived at present. Insane idiots are not committed to any of the institutions for the feebleminded. The Craig Colony receives epi- leptics who are unable to support themselves or to be supported by their parents or guardian. Private patients may also be received. b. Legal procedure in commitment. Unless otherwise provided, all admissions to state charitable institutions must be made by commitment from the counties by the county superintendents of the poor or other officers. Commitments from cities are made by the commissioners of public charities. The counties and the city of New York are entitled to the admission of patients in the ratio which they bear to the population of the state. Application blanks are furnished by the state board of charities. Except in the case of the Rome custodial asylum, the application must also be certi- fied by one or more physicians. New York City applications for admission to the state institutions are made through the mental clinic of the municipal institution on Randall's Island. Whenever the board of managers or superintendent of any in- stitution for feebleminded, idiots, or epileptics decides that it is for the best interest of an inmate to be longer retained, application may be made to the court for commitment. Notice of the hearing must be given to all parties concerned. Application for admission to an institution for the feebleminded may be made to any judge of a court of record by the parent, guardian, relative, friend, poorlaw official, probation officers, superin- tendent or principal of a school. Notice of the hearing must be given to all parties. Each application for admission must be ac- companied by the certificate of two medical practitioners. After the hearing and determination of the mental status of the person, the judges of the higher courts may commit. In New York City the children's court has similar power of commitment. Persons committed to the Craig Colony must be examined by a reputable physician and application must be made to the court. The party must be given a chance to be heard and an order of com- mitment must be served upon him. 147 l^W YORE c. Voluntary admission. The superintendents of the Rome ByJ^^^^us"- Asylum for the feebleminded and the Craig Colony for epileptics supp. 1910- may temporarily and without commitment, under the rules of the p-^sps- board, admit such children or adults as in their opinion are feeble- minded or epileptic for the purpose of ascertaining their mental condition. In the case of the Craig Colony, a contract must be signed that the patient will remain until discharged. d. Appeal from commitment. e. Cost of commitment. The cost incurred in proceedings f or to^*^^,^^,^^^^^ the commitment to the Craig Colony are charged to the town or county from which commitment was made, and may be recovered fr^jm the estate of the person or from the person liable for his maintenance. 4. CONVEYING PATIENTS TO THE INSTITUTION 5. TRANSFER OF PATIENTS The state board of charities may, with the written approval of the of^han^es'* governor, transfer an inmate of any state charitable institution to any other state charitable institution. Before ordering the transfer, the board of managers of the institution from which the transfer is to be made must be notified and given an opportunity to be heard. The expense is paid by the institution to which the transfer is made, f- 2474- Feebleminded or epileptic persons who are insane may be committed to a state hospital as insane persons. 6. PAROLE AND DISCHARGE OF PATIENTS State pupils may be discharged from the Syracuse institution for f^^^^^^^ the feebleminded by the board of managers and returned to the^sracuse -' ^ institution. county from which they were sent, at the expense of the county, p-^sso. Private patients must be removed upon notice. The superintendent, under the rules and regulations of the board, £""'«*'''"' ^ ' ^ _ ■ ' Rome asylum. may grant a parole or leave of absence to any inmate of the Rome Supp. ipio. asylum. Any inmate or friend or relative of an inmate may apply to the General .; J I'S:' J discharge and board of managers for the discharge of an inmate. The order of the parole. board may be reviewed by the court. Paroles may be granted by the superintendent for periods not exceeding forty five days. The superintendent may, with the approval of the managers, discharge any inmate to the officer through whom application for commitment was made. 7. COST OF MAINTENANCE The superintendent of the Syracuse institution may agree with the |* ^''''f'^j"^' parent, guardian, or committee for the support of any inmate. If 's'^, ^ the parents are of sufficient financial abihty at the time of admission, NEW YORK 148 At Letchworth and Rome. p. 3134. Supp. 1914, p. 772. At Craig colony, p. S4". Supp. 1914, p. 772. they may be required to give a bond for the support and removal of the inmate. The supervisors of the county must provide twenty dollars for clothing. The inmates of the Letchworth village, Newark state custodial asylum, and the Rome asylum are supported by the state. If an inmate of the Rome asylum has property or parents liable for his support, payment for maintenance must be made. The supervisors of the county must provide $35 for the clothing of patients at Craig Colony. Private patients must pay for their own support. Agreements may be made with them or their committee, by the superintendent. At the time of admission, a bond must be given for the partial or complete support, as agreed with the super- intendent, by the person making application for admission. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The superintendent of any institution in which a feebleminded or epileptic person is confined may make application for the appointment of a committee, when necessary for the settle- ment of an estate in which the person has an interest or for any other purpose. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE If either party to a marriage was incapable of consenting for want of understanding or was an idiot or insane at the time, the marriage is void from the time its nullity is declared by the court. II. STERILIZATION* The feebleminded and epileptic inmates of the state institutions are examined by a board of examiners, consisting of a surgeon, neurologist, and general practitioner, each with at least ten years' experience. The members of the board are appointed by the governor for terms of five years. If, in the opinion of the majority of the board, procreation of any inmate would produce children with an inherited tendency to crime, feeblemindedness, idiocy, or imbecility, and if there is no probability otherwise that the condition of the person will improve or the person will be benefited, the board must appoint one of its members to perform an operation for the prevention of procreation. Orders subject The Order for the performing of the operation must be filed with to review. i. o jr the clerk of courts five days before the operation, and may be *NoTE. — This law has been declared unconstitutional ,by the New York su- preme court and no operations have been performed. Over 200 patients are recommended for operations, awaiting the decision of the higher courts. Void mar- riages, p. 1021. Boardjof Examiners. Supp. 1910- , 1913. p. 2114. Examination and order. 149 NEW YORK reviewed by the supreme court. The court appoints counsel to represent the patient at the hearing and in the court proceedings. 12. DEFECTIVE DELINQUENTS Persons under sixteen years of age who are convicted of crime ^g^^^g may be sentenced by the court to or confined in the proper state p-4099. penal or charitable institutions. 13. CRIMINAL RESPONSIBILITY " An act done by a person who is an idiot or an imbecile is not a ^^^^sSbie. crime. A person cannot be tried, sentenced, or punished for a crime p-3938. if he is incapable of understanding the proceedings of making his defense. To be excused from crime, the person must prove that at the time of committing the act he was laboring under such a defect of reason as not to know the nature and quality of the act, and that it was wrong. The capacity of all to commit crime is presumed, but where the5.^sreeof defendant gives evidence tending to show his incapacity at the time i75N.y.419- of the commission of an act, the prosecution must prove his capacity beyond a reasonable doubt. No provision is made for the mental examination of the accused. 150 Board of public charities. G.fSupp. 39i3ii. P. R. 39I4,'39I7. 3918. Private "1 hospitals. 4600. School for ^ feebleminded. 4206b. 1 i 2, 2i, 34. Hospital for epileptics. H,4S45b. Laws of 1917, Ch. 150. G.Supp. P. R. 4567. NORTH CAROLINA Authorities : Pell's Revisal of the Laws of North CaroUna, 1908 Supplement to Pell's Revisal, 191 1 Gregory's Supplement to Pell's Revisal, 1914 Public Laws of 1915, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The board of public charities is composed of five members, recommended by the governor and elected by the con- current vote of the general assembly for terms of six years. The board must hold regular quarterly meetings, must investigate and supervise the whole system of charitable and penal institutions of the state, reporting biennially to the general assembly, and may at any time request reports and desired statistics from the superin- tendents or the officers of charitable institutions. It is unlawful for any person or corporation to establish a private hospital for the care of idiots and feebleminded persons without obtaining a license from the board of public charities. All private hospitals are subject to inspection and supervision and must report to the board. An action may be brought by the board to revoke any license. b. Institutional. The Caswell training school is under the general management and supervision of a board of twelve trustees appointed by the governor for terms of six years. The state superintendent of public instruction is ex-ofhcio president of the board. One or more of the trustees must visit the school each month and the board must report annually to the governor. The governor appoints a lady board of visitors of three members for terms of six years. This board assists the trustees and reports to them semi-annually, in writing, the condition of the institution, and performs such other duties as the board may prescribe. The state hospital for the insane at Raleigh, a department of which is known as the state colony for epileptics, is under the man- agement of a board of nine directors, appointed by the governor with the consent of the senate for terms of six years. Three of the directors are appointed from the Raleigh hospital district and con- stitute an executive committee for the hospital, making all rules and' regulations for the institution. They receive four dollars a day and expenses while engaged in the discharge of official business. The board of directors appoints the superintendent of the institution, fixes the salaries of all officers and employees and reports biennially to the general assembly. 151 NORTH CAROLINA The superintendent must be a skilled physician, of good nioral supe™'™"!- ■character and holds ofHce for six years, subject to removal by the 4561- board for cause. The superintendent has exclusive control of the 4562. subordinate officers and employees he appoints and may remove 4564- them for cause. 2. CARE a. In special state institutions. Caswell Training School, Hines; established 1911; 200 beds. State Colony for Epileptics, Raleigh; estabhshed 1907; 200 beds. The colony is maintained as a department of the state hospital for the insane at Raleigh. b. In general institutions. c. In local institutions. Any county, city, or town may, if a 4601. license is granted by the state board of public charities, establish a hospital for the maintenance of idiots and feebleminded persons ■who cannot be admitted to a state hospital. 3. COMMITMENT a. Pfersons committed. Feebleminded and idiotic boys andf^,|,^LE- •' MINDED. girls between the ages of six and twenty-one years, and feeble- ^J'^^l'sis. minded women between the ages of twenty-one and thirty years who '• are not pregnant or helpless and are not afflicted with any conta- gious or communicable disease, may be admitted to the Caswell training school under such rules and regulations as may be adopted by the board of trustees. White persons of the state, for whom confinement or treatment epileptics. for epilepsy is necessary, are admitted to the state colony at Raleigh, 4S4Sb. if the superintendent finds the persons to be afflicted to such an extent as to properly be a public charge. b. Legal procedure in commitment. Persons making application Ig^J^ for the admission of a child to the Caswell training school must Appi'':ation. . . ° Lawsofipis, first obtain the written approval of the board of county commis- ch. 266, sioners of the county wherein the person resides. The application for the admission of a child between the ages of six and twenty-one P^jsons ^ ^ authorized years may be made (1) by the father if the father and mother aretoapp'y- hving together; (2) by the person having the custody of the child if the father and mother are not living together; (3) by a guardian duly appointed; (4) by the superintendent of any county home or by the person having charge of or employed by any institution in ■which the child is confined. Under the third and fourth items the consent of the parents is not required. Any responsible person residing in the county may file in theA^™||^°*^ ■office of the clerk of the courts an affidavit stating that a female, 4. NORTH CAROLINA 152 Summons. 4- Healing. Order of commitment. Order of admission. G. Supp. 4206 b, 6. FEEBLE- MINDED OR EPILEPTICS. Commitment to private hospitals. P. R. 4607. EPILEPTICS. Affidavit. P. R. 4545 b. 4575- Notice. 4576. Hearing. 4578. 4579- Commitment. 4580. between the ages of twenty-one and thirty years, is a proper person to be admitted to the Caswell training school. The clerk must issue a summons to the person named in the application or affidavit, and the court must hear witnesses, among whom must be at least one physician, and determine if the person should be cared for in the institution. If the court makes an order committing the person to the institution, the clerk must send a transcript of the proceedings to the superintendent of the institu- tion, who must consider the application at once and notify the clerk whether the patient can be received. A health certificate must be signed and returned to the superintendent. If there is not room for the patient, the name must be placed on the waiting list and notice sent to the clerk when the patient can be received. Feebleminded persons must be admitted to the school in the fol- lowing order: (1) feebleminded persons who are in public institu- tions supported entirely at public expense ; (2) feebleminded persons in public institutions not supported as aforesaid; (3) feebleminded persons who are not in any instituton of the state, who have no parents, kinsmen, or guardan able to provide for them, or whom are committed by the clerk of the court; (4) those residing within the state whose parents are able to pay; (5) persons of other states whose parents are willing to pay. The clerk of the court, or a justice of the peace in the absence of the clerk, may commit a feebleminded or epileptic person to a private hospital upon the affidavit of a reputable citizen and the testimony at a hearing of two physicians and some friend or member of the family of the patient. Some respectable citizen, residing in the county of the alleged epileptic person, must file an affidavit with a clerk of the superior court of the county that the person in question is a fit subject for admission to the state colony. The clerk may then have the person brought before him or go to his residence, and examine into the condition of his mind, with the assistance of the county physician and the advice of other reputable physicians. He must take the testimony of at least one-recognized physician, resident of the state, and if possible, of a member of his family or friend. If the clerk decides that such person is epileptic and some friend will not give bond guaranteeing his good behavior and to keep and support him until the cause for confinement ceases, the clerk must order his removal to the colony, and submit to the board of directors the examination of the witnesses. In an emergency, the examination may be made by a justice of the peace, who is required to report to the clerk of the superior court. But the order for commitment must be issued by the clerk. In cases of great emergency, a justice 153 NORTH CAROLINA may admit a patient to a hospital, but must procure an order from the clerk to the superintendent within thirty days. In the admission of patients, priority must be given to the indi-^^eent^^ gent, with due regard to the curability of patients, and the exigencies ^^^^p""''*?- of particular cases. It is permissible, however, to admit other than indigent patients if there be sufficient room. c. Voluntary admission. Provision is made for the voluntary S^^^^^^'*!^- •^ ; ^ •■ Requirements admission of patients. An application for voluntary admission o'^pp'''***™- must be accompanied by the certificate of a licensed physician stat- ing that the ^plicant is a fit subject for admission. No certificate of the clerk of the superior court is necessary. A voluntary patient is not entitled to a discharge until he has given the superintendent ten days' notice of his desire to be discharged. d. Appeal from commitment. Any order of committal is subject 4206b, 5. to appeal, and no order of commitment may bar habeas corpus proceedings; but the court upon habeas corpus proceedings may confirm the order of commitment whenever justice requires. e. Cost of commitment. The costs of the commitment proceed- ^i|,^f5 ings are allowed and paid by the board of county commissioners. ch'Iee '^'^" The cost of committing a patient to the colony or removing him epileptics. must be paid by himself if the board of county commissioners are patient, relative satisfied that he has sufficient property, or by any person liable for g. supp. his support or maintenance, or by the county in which he has a legal * settlement. If any person is found to possess sufficient propertyto support those who may be legally dependent upon his estate, he may be placed in any hospital without the state or in a private hospital, instead of in a state hospital; it is lawful to place him in the house he has chosen. 4. CONVEYING PATIENTS TO THE INSTITUTION Upon receiving notice that the patient can be admitted to thel^jj^^^ institution, the clerk must order the parents, custodian, or appli-P^r™'^"'' cant to convey the person to the institution without expense to the "mvey. institution or county. The parents or custodian must furnish such ct- 266. clothing as may be prescribed by the trustees of the institution. If they are financially unable to furnish the clothing or bear the expense ciotiiing. of transfer, the clothing may be furnished by the county, at a cost Sheriff may not to exceed twenty dollars, and the conveyance of the patient may 7. be made by the sheriff at the expense of the county. Whenever an epileptic person is entitled to admission into the ^MLEracs.^ state colony, the officer making the order must notify the superin-£^'=o™i'j^y- tendent of the colony to send an attendant for him. The super- ci»- 204. intendent must send a bill covering the cost of conveyance of the person to the hospital. The commissioners must pay it at once. NORTH CAROLINA 154 ^'''fi- of insanity must be conveyed by the sheriff. If neither the sheriff nor his deputy is available, the commissioners may appoint some other suitable person to execute the warrant. A female taken to^«^|^j the institution must be attended by some other female or some relative. The superintendent, in his acknowledgment of delivery, must state whether there was any such person in attendance. If any relative or intimate friend of the patient, who is a suitable person, requests it, he has the privilege of executing the commis- sioners' warrant in preference to the sheriff or any other person. The expense of the sheriff, attendant, or relative in conveying the cost of convey- patient to the school is paid out of the state treasury. ^565. 5. TRANSFER 0F| PATIENTS The board of control may transfer inmates of the state reform ^-^'^^ "^ '9's- •^ ch. 230. school or of the hospital for the insane to the institution for the ''• feebleminded. ' Inmates may be transferred from the school for the feebleminded to the hospital for the insane whenever the parents '^^^^ "^ '917. request and the superintendent recommends it and the board is satisfied that the transfer is advisable. The board must keep a record of all transfers. 6. PAROLE AND DISCHARGE OF PATIENTS The board, upon the request of the parent or guardian, maycim^d\ws. investigate the condition of any inmate and may discharge any lll\ person who is not feebleminded or who can be cared for without ^J.^/^a! '*'^' danger to others and with benefit to the inmate. Before any in- mate may be discharged, the recommendation of the superintendent of the school must be secured. Every person restrained of his liberty under any pretense what- compUedla^s!" ever, may prosecute a writ of habeas corpus. "^^p- [7. COST OF MAINTENANCE Each ( ounty must pay to the state treasury the sum of fifteen county uaWe. dollars a month for the care and treatment of every patient that it '^^- "3, i- sends to the institution for the feebleminded. Transfers to or*- 230, 7. from other institutions do not relieve the county from the support of the inmate. When notified that a patient sent from one county has a legal Laws of 1913, residence in another, the superintendent must hold and keep him compiled laws, at the expense of the latter county, including expense already in- 2571! curred and unadjusted. NORTH DAKOTA 160 Improper charges. 2576. Expense incurred by one county on account of persons whose legal residence is in another county must be refunded by the county of the residence. When the county commissioners of a county make claim that a patient is not a proper charge against their county, and so notify, the state auditor, stating that he is a charge against some other county, or against the state at large, the state auditor must notify the county auditors of each of the counties in question to file proofs within thirty days, and after investigation of the residence of the patient determines the matter. The superintendent of the hospital must thereafter treat the patient as from the county deter- mined by the state auditor, and if he finds that the patient is not a proper charge against any county in the state, he must be regarded as a charge against the state at large. Any county may appeal from the determination of the state auditor to the district court of the county. Persons legally responsible for the support of any person admitted to the institution for the feebleminded must pay' to the county treasurer the sum of fifteen dollars per month during the time the defective person is an inmate. If the person liable to pay the amount fails or refuses to make payment, the board of county com- missioners must direct the state's attorney to bring an action in the name of the state for the amount due. Ji^ply"^ ""*'''* If the person liable for the support is unable to pay and the fact is so certified by the judge of the county from which commitment was made, the sum becomes a charge upon the county. , Before the certificate is issued by the court, a statement as to property qualifications, which is prescribed by the board of control, niust be filed with the court. Appeal. 2777. Persons liable. Xaws of 1917, ■ch. 145. Tetitlon. ■Compiled laWs. 8886. Healing. 8887. -Guardian ad litem. 7401. 8. GUARDIANSHIP AND SUPERVISION a. Personal. When a petition is filed before the county court by a relative or friend of a person represented to be of unsound mind or for any cause mentally incompetent to manage his property, the judge must cause the person to he present at a hearing and examina- tion. If it appears to the court that the person is incapable of taking care of himself and managing his property a guardian must be appointed. When the defendant to an action is a person of unsound mind and no guardian has been appointed the court must appoint a guardian for the party to the action. b. Community. 9. SPECIAL EDUCATION 161 NORTH DAKOTA 10. MARRIAGE No woman under the age of forty-five years, or man of any age JJ^J§^^^ ""' (except he marry a woman over the age of forty-five years), either 4373. of whom is epileptic or feebleminded, may intermarry or marry any other person within the state. No clergyman may perform a marriage ceremony for persons either of whom is epileptic or feeble- minded, unless the female is over the age of forty-five years. A certificate from a physician that the parties are not feebleminded Medical certifi- must be presented to the judge before a marriage license is issued. 4375. II. STERILIZATION The chief medical officer of the institution for the feebleminded, Board of medi- the secretary of the state board of health, and a competent surgeon "430. Persons steri™ appointed by the state board of control constitute a board ofuzed. medical examiners. The board must examine any inmate if the superintendent certifies that his mental or physical condition would be improved, or that procreation would be likely to result in feeble- minded children, and that the condition of the patient is not other- wise likely to improve. If the board recommends or if any inmate requests it, such opera- operation, tion as is designated by the board must be performed. Willful Jj^ss. submission to operations must be reported to the state board of Jj^as. control. In such cases, no determination by the medical board is necessary. The medical officer must report the effect of the opera- tions upon the inmate to the board of control. 12. DEFECTIVE DELINQUENTS 13. CRIMINAL RESPONSIBILITY Idiots and all persons of unsound mind, including persons tem- JJ?^^^"^'''® "*• porarily or partially deprived of reason, upon proof that at the ^^ ^.^"^j^.^j.^ ^^ time of committing the act charged against them they were inca- '"^'^ g pable of knowing its wrongfulness, are not capable of committing a crime and cannot be tried for the offense. 12 162 OHIO Board of charities. Supp. 1349- Supp. 1352. 1353. 1354- 1355- Supp. 1358. Agent. 1815-3. Supp. 1815-3. Board of administra- tion. Supp. 1835. 1833. 1836. Supp. 1835. 1833, 1836- 1838. 1837. 1861. 1868. Authorities : Page and Adams Annotated Ohio General Code, 1912 Supplement, 1916 Laws of Ohio, 191 7 I. ADMINISTRATION AND SUPERVISION a. General. The board of state charities is composed of nine members, eight of whom are appointed by the governor, who is ex-ofiicio a member of the board. Not more than four of the appointed members may belong to the same political party. The board must investigate, by correspondence and inspection, the condition and management of all public benevolent and correctional institutions, both state and local, and may employ visitors for the purpose of such investigation. All plans for new state, county, and city institutions must be submitted to the board for its approval. The governor may order the board to investigate the management of any institution and witnesses may be summoned to appear and tes- tify. The board must make a biennial report to the governor. The board has an agent whose duty it is to investigate the financial condition of the inmates of the institutions and of the relatives liable for their support, and is given special powers to that end. The board of administration is composed of four members, not more than two of whom may belong to the same political party, appointed by the governor for terms of four years, and subject to removal by him for just cause. Failure on the part of any member to attend three consecutive meetings of the board, unless excused by formal vote, may be treated by the governor as his resignation. The members must be selected with regard to their knowledge or experience concerning methods of care and treatment at the institu- tions and "business management. Each member receives a salary of 14,000 per annum and must devote all of his time to the duties of his position. The board appoints a fiscal supervisor-secretary, who receives a salary of $3,600 a year, and such other employees as may be necessary, and fixes their compensation. It has all power and authority necessary for the exercise of the executive, administra- tive, and fiscal supervision of all state institutions, including the institution for the feebleminded, the hospital for epileptics and the Lima state hospital for the criminal insane. Regular meetings must be held by the board at least once each week, and special meetings may be held upon the resolution of the board. A member of the board must visit each institution at least once a month and report to the next meeting of the board. In making necessary 163 OHIO investigations, the board is given the powers of a justice of the peace to administer oaths, etc. The board is required to maiie an annual report in detail to the governor. The board of administration provides and maintains a bureau of ?'"«*.'?''' ^ juvenile re- juvenile research to which children may be sent for the purpose of |^»'^*^g ^_^ mental examination. The results of the examination must be reported to the board and the child may be assigned to the proper institution. The expense incident to the transportation of children to the bureau are paid by the county. b. Institutional. The institution for the feebleminded and the Superintendent, 1842. hospital for epileptics are each under the executive control of a superintendent, appointed by the board of administration, subject to the rules and regulations of the state civil service commission. The superintendent, with the approval of the board, selects the employ- ees. The board fixes all salaries. 2. CARE a. In special state institutions. Institution for Feebleminded, Columbus; established 1857; 2,200 beds. Ohio Hospital for Epileptics, Gallipohs; established 1890; 1,980 beds. b. In general state institutions. Epileptic and feebleminded pef^'^''^^ <*«- ° . , . linquents. persons accused, indicted, or acquitted of a crime and those who become epileptic or feebleminded after conviction are cared for in the Lima state hospital. c. In local institutions. 3. COMMITMENT a. Persons committed. All feebleminded youths not over fifteen fF,i?f#- ^ MINDED. years of age, who have been residents of the state for one yearX""'^^- ,,.... . Supp. 1891. and are not capable of receivmg mstruction m the common schools, may be admitted to the institution for feebleminded by the board of administration. If the capacity of the institution permits, persons Nonresidents of greater age and nonresidents may be admitted. Inoffensive, '^m- ° . . Inoffensive feeblemmded persons who are proper subiects for classification and persons ,. . ,. ... . . Supp. 1902. discipline m the institution may be committed by the probate court. A custodial department especially devoted to the reception, Custodial i . ..... x-j department. detention, care, and traming of idiotic and feebleminded children p- | *■ and adults, regardless of sex or color, is maintained at the institution. It is so planned that separate classifications of the numerous groups embraced under the terms idiotic and imbecile or feebleminded are provided. Cases afflicted with paralysis receive care in the custodial department. OHIO 164 EPILEPTICS. 2037- Apportionment. 2037. 2042. 2041. FEEBLE- MINDED. 1892. Supp. 1841. Z901. By the court. Supp. 1902, Affidavit. P.&A. 1953- Hearing. 1954. Certificate. Supp. 1956. Supp. 1957. P.&A. 1958, 1961 as amended by Laws of 1917. Supp. 1841-3 EPILEPTICS. Application. Supp. 1841. Insane persons who are also epileptic and whose disease has developed during their residence in the state, and epileptics who have been residents of the state for one year preceeding application for admission, may be admitted to the hospital for epileptics. The number of inmates admissible is apportioned among the counties of the state according to population. A separate quota is allowed for the state soldiers and sailors' home. Monthly statements must be sent to the probate judges, showing the number of inmates and the number entitled to admission from the county. b. Legal procedure in commitment. Instructions, forms, and rules for admission to the institution for feebleminded are prepared by the board of administration. The forms must be furnished to applicants for the admission of any patient and must be endorsed by the probate judge of the- county in which the person resides at the time of making the application. Feebleminded persons of such inoffensive habits as to make them proper subjects for the institution may be committed by the probate judge, upon the affidavit of a citizen of the county. A warrant must be issued for the patient and a hearing must be held and witnesses, two of whom must be reputable physicians, examined. If satisfied that the person is feebleminded, the judge must cause the finding to be certified by two medical witnesses, who must have had at least five years' experience in the practice of medicine and not be related by blood or marriage to the parties to the application. The medical certificate must be printed by the board of administra- tion and furnished to the probate judges of the counties. All medi- cal certificates are void ten days from the date of issue if the persons named therein are not admitted to the institution within that time. Application for admission must be made to the superintendent of the institution by the probate judge upon the receipt of the medical certificate and the certification that the patient is free from infect- ious disease. The superintendent must state immediately whether the patient can be admitted. While the apphcation is pending, the relatives may take charge of and keep the patient if they so desire. The board of administration may assign a child committed to its guardianship to the "bureau of juvenile research" for the purpose of mental examination. A report of the result of the examination must be made to the board, and the child may be assigned to the proper institution. The board of administration may regulate the admission of in- mates to the state hospital for epileptics and provide applications for admission. The apphcation for admission of an epileptic per- son, other than insane or dangerous, must be made in writing by the 165 ■ OHIO person, parent, guardian, representative, or any citizen to the probate court of tlie county in which the epileptic resides. Not more than five days after the filing of the application, the judge must f^f^f' g examine the alleged epileptic either in court or in some other place, and cause the person to be examined by two physicians who have had at least five years experience in the practice of. medicine and are not related to the parties to the apphcation. If satisfied that fupp™'*^'' the person is an epileptic and if the fact is certified by the medical witnesses and a statement made by them that the person is free * from infectious and contagious disease and vermin, the judge must give notice when the patient can be received. Insane and dangerous ^g°j^s* epileptics who, if at large, are dangerous to the community are com- IP'^^'^- mitted in the same manner and subject to the same provisions as ^°*^- feebleminded persons of inoffensive habits. c. Voluntary admission. Any parent or guardian may enter a|^|,^^£ child in the institution for the feebleminded for treatment under confinement by parents or terms, rules, and regulations prescribed by the superintendent and s^ardian. approve.d by the board of administration. Application for admission to tfie state hospital for epileptics may eph-eptics. be made by the patient. Such applications are subject to the same 's'^- procedure as others. Persons in an incipient stage of epilepsy may apply for admission to the hospital for epileptics. The superintend- ent may receive them for treatment for not more than sixty days, if from his own examination and a written statement from a reputa- ble physician, which covers the interrogatories and answers pre- scribed by the board of administration, he is satisfied that the ap- plicants are in an incipient stage and are likely to be benefited by treatment in the hospital. d. Appeal from commitment. (See 6. Parole and discharge; habeas corpus.) e. Cost of commitment. All expenses connected with the com-^EHB^^ mitment and conveying of the patient to the institution are a charge 1981,1841-6, upon the county from which the patient was committed. The fees of the probate judge, physicians and other officers, eph-eptics. witnesses, and persons are paid by the county. The probate judge 2049. must see that the patient is supplied with the proper clothing; and 204i- if not otherwise furnished, payment must be made by the county. 1962,2050, If furnished by the institution, the sum expended may be collected from the county. All patients received from the soldiers and sailors home must be maintained at the expense of the home. 4. CONVEYING PATIENTS TO THE INSTITUTION It is the duty of the sheriff to convey patients to the hospitals upon ||[^f£ the order of the probate judge. If the person is a female, a suitable 1959- OHIO 166 EPILEPTICS. 204S. FEEBLE- MINDED. Supp.5^1841- Supp. 1841-9, Supp. 1841-9, II. EPILEPTICS. P. &;a. 2050. FEEBLE- MINDED. Supp. 1841-8. EPILEPTICS. Supp. 1841. 2051. Habeas corpus. P. &A. I2z6z. female assistant must be appointed to accompany the sheriff and the person to the hospital. If the judge is satisfied that the patient can travel alone, a warrant for conveyance may be issued direct to him and must be returned through the mail by the manager of the hospital. The warrant of conveyance may be issued to the parent, guardian, representative or friend, instead of the sheriff if the judge deems it proper. The traveling and incidental expense of the patient and the officer or person conveying the patient are paid by the county. S. TRANSFER OF PATIENTS Any minor having been committed to any state institution may be transferred to the institution for the feebleminded by the board of administration, whenever it appears that the min,or by reason of feeblemindedness is a proper subject for the institution. A record of the transfer must be made and sent to the person who had the custody- of the minor immediately prior to commitment. All persons committed to any institution under the control and management of the board of administration may be transferred to any other institution by a resolution of the board. The board acting as a commission of lunacy may adjudge any inmate in any institution under its control or in any county jail to be feebleminded and may cause the inmate to be removed to the institution for the feebleminded. No person may be transferred from a benevolent to a penal institution, except an inmate who was originally confined in a penal institution. If at any time it is desirable to transfer a patient from a state hospital to the hospital for epileptics, the governor may order the transfer of the patient upon the recommendation of the superin- tendent of the hospital for epileptics and the superintendent of the state hospital. 6. PAROLE AND DISCHARGE OF PATIENTS The board of administration regulates the discharge of inmates of the institution of the feebleminded and may act as a commission of lunacy for the purpose of determining the condition of any patient and may order him to be discharged. The board of administration regulates the discharge of the in- mates of the hospital for epileptics. Until discharged, all persons are under the custody of the manager of the hospital and may be restrained and disciplined by him. Any person unlawfully restrained of his liberty, or a person en- titled to and unlawfully deprived ^of the custody of another, may 167 omo prosecute a writ of habeas corpus. If the person restrained is an inmate of an institution, the writ may be issued only by the court or a judge of the county in which the institution is located. 7. COST OF MAINTENANCE When any person is committed to the institution for feeble- '815-1. minded or to the hospital for epileptics, the judge making the com- ihitment must certify to the superintendent of the institution the name and address of the guardian and relatives liable for his support. The financial abiUty of the inmate and of the relatives liable f or '"^|^j'g«*^°"- his support must be investigated by an agent of the state board of charities. Due regard must be had for the support of others depend- ent upon the inmate's estate. The agent must report his findings, g^^°yj-gjg_^ and the board or a committee thereof must determine whether the estate or the relatives are liable for the support, and'order payment if liability is determined. The maximum rate for the support of an '^^j""™ ''*'*' inmate is $3.50 a week. A less amount may be accepted by the f^"/*- '*'5" board when conditions warrant, or when offered by persons not liable. The county from which an inmate is committed is liable for the support if the relatives or the estate cannot be charged; and the amount due must be paid to the state treasurer every six months. A husband must be held liable for the support of a wife, a wif e ^^i| ""f^;*'''®- for a husband, a father or mother for a son or daughter, and a son \sil~^' or a daughter, or both for a father or mother. Any person ordered to make payment for the support of an inmate may petition the board of state charities for a release from, or modification of the order. The board may cancel, modify, or increase the amount ordered paid. Claims due the institution may be sued for in the name of the institution. 8. GUARDIANSHIP AND SUPERVISION a. Personal. Upon satisfactory proof that a person residing in^e'c^rtl'''^ the county is an idiot or imbecile, or is confined in any benevolent ^'jops^, institution, the probate court may appoint a guardian for the per- ^"^^gl"'*'"'" son. Three days notice must be given to the person and next of kin. When a person having a wife is declared to be an idiot or im-^"^""™'"' becile, probate judge may appoint the wife as guardian if she is^^^°' competent to discharge the duties. Epileptic and feebleminded persons must defend suits at Isiw^^^"^^^ through a guardian. If no guardian has been appointed, a guardian '"*'" ad litem must be appointed by the court. In case the agent of the board of state charities finds that the^""^^_*" estate of any inmate of an institution is sufficient for his support and '*^S"^- OHIO 168 no guardian has been appointed, the agent must petition the pro- bate court for the appointment of a guardian. sJiM^?84i-i. ^* Community. All minors who in the judgment of the juvenile court, require institutional care and guardianship are wards of the state and must be committed to the care and custody of the board of administration. The board has the sole and exclusive guardian- ship of such minors. 9. SPECIAL EDUCATION 10. MARRIAGE not be granted. No license may be granted when either of the parties making the ^■1^187. apphcation is epileptic or imbecile. II. STERILIZATION 12. DEFECTIVE DELINQUENTS ttiest^afe^'" The board of administration may transfer to the Lima state supp'1003 hospital, any inmate of an institution under its supervision who 1841-9. exhibits dangerous or homicidal tendencies and who renders his presence a source of danger to others. to°t^iiospitoi. "^^^ courts commit as insane (which includes persons of unsound ^'los^'. mind and idiots) those who became insane while in the state re- formatory or the penitentiary; dangerous insane persons in either of the hospitals; persons accused of crime but not indicted because of insanity; persons indicted but found to be insane; persons acquit- ted because of insanity; persons adjudged to be insane who were previously convicted of crime, prevfousiy When in an inquest of lunacy a probate judge finds a person in- crtae?'^''''' sane who has previously been convicted of arson, assault, rape, robbery, burglary, homicide- or attempt to commit such acts, he must commit him to the Lima State Hospital (for the dangerous and criminal insane). by™cmrt!'^ When the physician of the penitentiary or reformatory reports 2216. jj^ writing to the warden that a convict is insane, the warden must apply to the probate court of the county in which the institution is located for an examination of the convict by two physicians of at least three years' practice in the state who are not connected with the penitentiary or reformatory. If satisfied that the convict is insane, the physicians must certify this in the form and manner provided for the commitment of insane persons to state hospitals. ^^'^- Convicts thus adjudged insane must be transferred to the Lima ?"et™^ftY State Hospital. An insane convict under indeterminate sentence, ^^llTo.^' who is transferred to the Lima State Hospital, must be detained 169 OHIO for the maximum term of sentence provided by law for the offense for which he is convicted. If the insanity of a convict in a hospital continues at the expira-^^^^^*^"""' tion of his sentence, the superintendent must apply to the probate 'sss- judge of the county within five days after the expiration of the sentence for an order to retain the convict and notify friends or relatives of the application. The probate judge must notify theP^^'i^^of alleged insane person and call two physicians not related by blood ^^■ or marriage to him, who have been in actual practice of their profes- sion for at least three years. If the judge finds satisfactory proof of insanity has been adduced, he must order the retention of the convict. The form of commitment is substantially that required for the commitment of inmates to other hospitals. Convicts of the reformatory suffering from epilepsy when re- ^s^^^jg^" ceived or those upon whom the disease develops after being received ^^^s- must be examined, by the physician of the reformatory and the re- sults of the examination reported to the board of administration. The board may order the superintendent to remove the convict to the hospital for epileptics. When the superintendent of the hospital ^^^°' for epileptics certifies to the superintendent of the reformatory that 22^*- the convict is so far restored to health that it is safe to put him to labor under the sentence, he must be removed by the superintendent of the reformatory. 13. CRIMINAL RESPONSIBILITY The law presumes every person who has reached the age of dis-^P'^^™^* cretion to be of sufficient capacity to be responsible for crime, and a ^''Joo s'Tos person is presumed sane until the contrary is shown. If upon the trial it is shown that the defendant was an idiot or epileptic and not possessed of capacity and reason sufficient to distinguish between ^^^* 9* right and wrong, and understand the nature of his act and his rela- 700.S.380. tion to the person injured, a verdict of not guilty must be returned, if the incapacity is established by the preponderance of the evidence, commitment Persons acquitted of a crime upon the ground of mental incapacity p.^ a.'**'' must be committed to the Lima state hospital. Utit'. An irresistible impulse or moral depravity of the accused is not a 5*orai ^ x- ./ depravity. vahd defense unless the party is so mentally deranged that a choice 21 o. s. 54- between right and wrong could not be made. If, before the indictment of a person charged with an offence, d/'"™™^*'"" . ^ 'of capacity notice in writing is given to the sheriff that the person was an idiot before indict- at the time the offense was committed or is incapacitated to stand p- * *• . . , . I3S3I. trial, an exammmg court must determme whether the person was an idiot at the time of the commission of the offence or has become in- capacitated since. OHIO 170 SlifMde- When a person is indicted for an offense and a defense of mental iSfclmlSt*"" derangement is offered at any time before sentence, and a certificate 13608. Test of capacity. 7 O.N. P. 288. Commitment. P.&A. 198s. of two reputable physicians to that effect is presented to the court, a jury must be impaneled and the mental capacity of the party must be determined. The test in such inquiry is not knowledge of right or wrong, but capacity to realize the case he is called upon to defend, and to com- prehend the details of the evidence, advise the counsel as to a de- fense and aid in selecting a jury. If the person is. discharged from trid, commitment must be made to the Lima state hospital. 171 OKLAHOMA Authorities: Constitution of Oklahoma Revised Laws of Oklahoma, 1910 Bunn's Annotated Supplement to the Revised Laws of Oklahoma, 1915 Session Laws of Oklahoma, 1917 I. ADMINISTRATION AND SUPERVISION a. General. A commissioner of charities and corrections is elected o/'^Sf|itfes "nd in the same manner and for the same term as the governor. This corrections, officer maybe of either sex, must be at least 25 years of age, and in all ''"^ct 6"*27°28 other respects have the qualifications required of the governor. His salary is $2500. He must investigate the condition and manage- ment of all charitable and correctional institutions which are sup- ^- ^• ported wholly or in part by the state or by any county or munici- pality. The officers of such institutions are obliged to furnish all the information which the commissioner may demand. The com- 8106 a. missioner reports to the governor and the legislature. b. Institutional. The institution for the feebleminded is under ^""''"'^'t*''- agers. the care and control of a board of managers consisting of five per- '?<>*s. sons, of which the governor is ex-officio chairman. The four re- maining members are appointed by the governor, with the consent of the senate, for terms of two years. The members receive no compensation for their services, but are allowed traveling expenses. The governor may remove any member. The board of managers must appoint and fix the salary of the ^^p®''"'^"'*- superintendent, who holds office at the pleasure of the board, but '"'^o. may not be removed without cause. The superintendent appoints the other officers of the institution, the number and salaries of whom are determined by the board of managers; he may remove any subordinate officer for cause. The superintendent makes all rules and regulations for the conduct of the institution, subject to the approval of the board of managers. 2. CARE a. In special state institutions. Oklahoma Institute for Feebleminded, Enid; established 1910; 400 beds. b. In general state institutions. c. In local institutions. 3. COMMITMENT a. Persons committed. All feebleminded persons between five ''°^9. and sixteen years of age, and females over sixteen years of age who 7066. OKLAHOMA 172 are epileptic or feebleminded may be received. Preference to fe- male-applicants must be given: first, to those between the ages of sixteen and thirty, second, to those between the ages of thirty and forty-five. ofl^ma'tel'°° "^^^ institution is divided into two departments, a training school 7068. department and an asylum department. A strict separation of the sexes is enforced. The inmates of the training school department are the feebleminded and imbecile children of the higher grade who are capable of receiving instruction and training. The in- mates of the asylum department are the feebleminded and idiotic children of the lower grade and the female adults. iT'^ucTtlon"*'^^ ^- I-^S^l procedure in commitment. Application for admission 7072- may be made (1) by the father, if the parents are living together, (2) if not, by the one having custodj^ of the child, (3) by a duly appointed guardian, (4) by the manager of any institution where children are cared for, (5) by the trustee of any township in Okla- homa; under items 3, 4 and 5, consent of parents is not required. toms'*''"" Application forms for admission are prescribed by the board of 7077. managers and approved by the governor. Blank forfns must be provided without charge to any person desiring to make applica- tion. mission of fe^- ' Any pcrsou may file a petition in the office of the clerk of the "t'oIi. county court, stating that a woman is not or cannot be properly maintained or cared for, that she is over sixteen and under forty-five, that she is in the proper physical condition and a proper person for admission to the asylum department of the institution. A sum- Hearlng"^' mous must bc issucd by the clerk of the court and a hearing held by the judge, at which the patient and witnesses must be examined. At least one witness must be a physician. If the court finds that the woman is eligible, commitment must be made and a copy of the proceedings sent to the superintendent. The superintendent ^jathcerti - j^^g^ notify the court as soon as the woman can be received. A list of necessary clothing and a certificate of health and freedom from disease must be sent with the notice of admission. years'and'non- Feebleminded persons over sixteen and nonresidents may be ad- '^^^™'^- mitted under rules for admission and discharge prescribed by the board of managers. c. Voluntary admission. d. Appeal from commitment. (See 6. Parole and discharge: habeas corpus.) Paid by the g Qost of Commitment. When the finding of the court is in county or peti- tioner. favor of the petition for commitment, the costs must be paid by the board of county commissioners; but if the finding of the court is ^^7^^84^' against the petition, the cost must be adjudged against the peti- 7083. Commitment. 173 OKLAHOMA tioner. The necessary clothing for persons committed must be furnished by the county at a cost of not over thirty dollars. 4. CONVEYING PATIENTS TO THE INSTITUTION A warrant directing the sheriff to convey the person to the in-^|J[g°"° stitution must be issued by the clerk of the court. The sheriff 7084. must procure a suitable person to convey the idiotic or feeble- minded woman to the institution and may procure other assistants if necessary. The fact that the person was accompanied by a.^o'^^nMend- woman attendant must be certified by the superintendent of the ^oSs. institution. The cost of conveying the person must be paid by the ^°^^ "* convey- board of county commissioners. The cost of transporting children 7084, to the institution must be paid by the parents or guardian when they are able to do so ; otherwise, payment must be made by the county. 5. TRANSFER OF PATIENTS The superintendent may, with the approval of the board of man- Transfers from . ^ . . . departments. agers, transfer any inmate from the training department to the 7068. asylum department, or from the asylum department to the training department. 6. PAROLE AND DISCHARGE OF PATIENTS Adult females must be retained as long as it is advisable for the Djschargeof *^ adult females. benefit of the female or of the state. The board may release any 7086. female when deemed desirable, and may discharge any female who has attained the age of forty-five years. If the terms of commit- ment have not been complied with, or if adult females have been improperly committed, a discharge may be ordered by the board. Every person restrained of liberty under any pretense whatever, ^^g|^^ corpus, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and must be discharged when the restraint is illegal. 7. COST OF MAINTENANCE Any person applying for the admission of a feebleminded adult f^^'^^^H"' must agree to pay in advance in quarterly payments not less than adults. •S170 per anmum for the support of the person, and to furnish the s°"dre(iuired required clothing. A bond to secure the payment of the cost of maintenance and the prompt removal of the inmate upon request must be given by the person making the apphcation. Nonresidents may be admitted under the same regulations as Nonresidents. for the admission of adults. The charge made for their care and training must not be less than $300 per annum. Persons who are not able to pay the full cost but who are able to Partial pay- ments for poor pay a smaller amount may agree to do so, and the sum may be ^nd destitute. accepted by the board of managers. But no person over sixteen OKLAHOMA 174 years of age may be received unless the sum of f-175, in addition ttie^ai^pUcatToiT/ **^ *^® ^°®* ^^ clothing, is paid. Applications stating that only 7076. Support of des- titute children. 7077. Board fixes cliarges. Clotliing. 7078. Court may ap- point. 3328. Commissioner of charities is next friend. B.A.S. 8101. Lawsof 1917, Ch.2201 Void Marriages. R.L. 4974- partial payment can be made for the support of feebleminded children must be certified by the board of county commissioners. The remainder of the cost of maintenance is paid by the state. Feebleminded children whose parents or estate are unable to de- fray any part of the cost of their maintenance may be admitted and supported wholly by the state. An affidavit of the ability of the applicant or of the parents to pay must be made and certified by the board of county commissioners. The decision as to whether any one may be admitted without charge or as to how much the charge must be rests with the board and may be altered by them at any time. All inmates must be provided with proper clothing before ad- mission. Children of poor persons must be provided with cloth- ing at the expense of the county. 8. GUARDIANSHIP AND SUPERVISION a. Personal. A guardian for the person or property, or both, may be appointed by the county court for any person of unsound mind. 1 b. Community. The commissioner of charities and corrections has power and it is his duty to appear as next friend for all depend- ents who are inmates of any public institution of the state, and ask that a guardian be appointed for the party or the estate. 9. SPECIAL EDUCATION Part of the funds allotted to the state by the federal government as a result of the Morrill, Smith-Lever, and Hatch-Adams acts is appropriated to the Institution for the feebleminded for instruction in agriculture and mechanical arts, the English language and the various branches of mathematical, physical, and economical science, with special reference to application in the industries of life. 10. MARRIAGE When either of the parties to the marriage is incapable of con- tracting for want of understanding, the marriage may be declared void by the district court in an action brought by the incapable party or the parents or guardian of the party. Cohabitation after the incapacity ceases is a sufficient defense to the action. II. STERILIZATION 12. DEFECTIVE DELINQUENTS 175 OKLAHOMA 13. CRIMINAL RESPONSIBILITY All persons of unsound mind, including those temporarily or Pefs^^smcap- partially deprived of reason, upon proof that at the time of commit- mittmg crimes, ting the act charged against them they were incapable of kno-v\dng its wrongfulness, are not held responsible for the commission of a J^^^^^IJ^JI- crime. A morbid propensity to commit prohibited acts, existing in the mind of a person who is not shown to have been incapable of knowing the wrongfulness of the act, forms no defense. Persons not mentally competent to make a rational defense are ^^^l^^l^^jj^^^ not subject to trial until the disability is removed. The determina- ^'f- gj,,. tion of their disability must be tried by a jury. *°5o. 176 Board of control. G.L. 1913, Ch. 78. 3- 4- Superintend- ent. Lord's O.L. 4461. G.L. 1915. Ch.78, 18. G.L. 1917, Ch.354. Petition. OREGON Authorities : Lord's Oregon Laws, 1910 General Laws of Oregon, 191 1, 1913, 1915, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The state institution for the feebleminded, as well as all other state institutions, is governed by the state board of control. The board consists of the governor, who is ex-officio chairman, the secretary of state, and the state treasurer; it ap- points a secretary, who receives a salary of $2,400. The members receive no compensation but are allowed their expenses incurred in the transaction of business. The board makes by-laws for the institutions, appoints the sup- erintendents, determines the salaries of all employees and may re- move any official whenever the public service requires. Regular monthly meetings are held at the state capitol. The members must visit each institution under their control at least once every three months, and a biennial report must be made to the legislature. b. Institutional. The institution for the feebleminded is under the management of a superintendent, who is appointed by the board of control, and receives a salary of $2500 a year. The superintend- ent must be a well-educated physician. With the approval of the board of control, he appoints all officers and other employees and may suspend them for causes which must be reported to the board. Biennial reports are made by the superintendent to the board of control. 2. CARE a. In special state institutions. State Institution for Feebleminded, Salem; established 1907; 310 beds. b. In general institutions. c. In local institutions. 3. COMMITMENT a. Persons committed. Residents of the state for one year, who are feebleminded, idiotic, epileptic, or defective, over five years of age and incapable of receiving training in the pubfic schools, and those who by reason of feeblemindedness are criminallj^ inclined, or are unsafe to be at large, or may procreate children, may be com- mitted to the institution for the feebleminded. b. Legal procedure in commitment. The county judge may, upon the apphcation in writing of any citizen, cause an alleged feeble- 177 OREGON minded person to be brought before him and an examining board consisting of two competent physicians or psychologists. If, in the opinion of the board and the judge, the person is feebleminded, the^^^"»"'s judge must make an order committing the person to the institution for the feebleminded. Whenever an order of commitment is made, Commitment. a copy of the order together with the finding of the examining board and a personal and family history of the person must be sent to the superintendent of the institution. Persons are admitted in the order of the receipt of the applications. Notice that the person will be admitted to the institution must be sent to the judge, and the person must be taken to the institution within thirty days. Parents, guardians, or those legally responsible for the support Pr°^^j^"J^^''y of any feebleminded, idiotic, or epileptic person may apply to thesuarf^-j^ superintendent of the state institution for an admission blank. 4462. When the blank is filled out and approved by the judge of the county court and the superintendent of the institution, the feeble- minded or epileptic person may be admitted. c. Voluntary admission. d. Appeal from commitment. If any proper person is dissatisfied ch^/"'' with the finding of the county court, an appeal may be had to theP^^^^y*^ circuit court of the state. (See 6. Parole and discharge; habeas corpus.) 4464- e. Cost of commitment. The cost of the examination, commit- ment, and the expense of transporting the person to the institution is paid by the county from which the commitment is made. The cost of transportation may be recovered from those liable for the support of the person. 4. CONVEYING PATIENTS TO THE INSTITUTION Persons for whom application has been made are left in the ^hena^ow^s custody of the sheriff and delivered by him to an attendant from the 11^1^^°^ („„ institution, who has been sent by the superintendent for the purpose e^jJT'17" of conveying the person to the institution. The sheriff must notify ^'^if^,'*'/' the superintendent, by telegram, that the person is in his care and ^h- 342.6- awaiting the arrival of the attendant. The attendant must, without delay, proceed to make the conveyance. 5. TRANSFER OF PATIENTS If the superintendent in conjunction with a physician or psycholo- ^y^'^'j^^^^'J*'^^ gist of the institution finds that an inmate is not a proper patient, g.l. 1917, transfer to a suitable institution may be made by the boardof f^-iS'A , ■' ■' Lord's O.L. control. 4465. The board upon its own initiative, or upon the request of the superintendents of the different institutions, may remove patients 13 1.7. Lord's O.L. OREGON 178 from one institution to another whenever, in its judgment, the con- dition of the patient will be improved or the cost of maintenance lessened. 6. PAROLE AND DISCHARGE OF PATIENTS The superintendent of the institution for the feebleminded may, upon his own motion or upon the written request of the relatives or guardian, cause any inmate to be re-examined by a physician or psychologist in conjunction with himself, and, if it is determined that the inmate is not a proper person for the institution, the finding must be reported to the board of control, who may order a transfer or discharge of the inmate. Inmates who are discharged must be returned to Ihe county from which they were committed, at the expense of the county; or they may be released to the custody of friends or relatives upon the receipt of a bond. The cost of a re- examination held under the petition of friends or relatives must be paid by them. Habeascorpus. Every person restrained of liberty under any pretense whatso- LiOro s (Ji Lit 62V- ever, may prosecute a write of habeas corpus. Discharge by board of control. G. L. 1917, Ch.354,8. Parole. Charged to the county. 4462. 7. COST OF MAINTENANCE The cost of maintenance at the institution for the feebleminded, which is fixed by the board of control and which must not exceed $220 a year, is charged to the county from which the inmate was committed and must be paid each year to the state treasurer. The parents or guardian are legally responsible for the support of persons committed to the state institution and must pay the amount fixed Personsiiabie. by the board of control to the county treasurer. Those charged Discharge from ^jth the support of feebleminded or epileptic persons may be discharged from liability upon an order of the court. If the parents, guardian, or persons liable for the support of an inmate of the institution neglect or refuse to pay the expenses, the county judge must cause proceedings to be taken against them in the manner prescribed by law. The parents or guardian of any person committed to the institu- tion must furnish suitable clothing from time to time. If they are not able to do so, the clothing must be provided by the county. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The county court has power to appoint guardians for the estate or the person of idiots and all who are incapable of conducting their own affairs. Application for the appointment of a guardian must be made by relatives or friends, and notice must be served upon the person ten days prior to the hearing. Suitfor re- covery. 4464. Clothing G.L. 1917. Ch.354. 9- Courts may appoint. Lord's G.L. 1319- Application. 1320. Hearing. 179 OREGON Whenever the relatives or guardians of a feebleminded person wards of the agree to furnish means of private detention and supervision, the gii-- ^917, ^"■' 354) court may make the person a ward of the court and commit him to ^■ the custody of the relative or guardian. A bond for the proper care and guarding of the ward must be given by the party to whom the care of the person has been entrusted. b. Community. 9. SPECIAL EDUCATION Superintendents of schools must report to the county courts on ^' the first of June and December the names and addresses of all scholars and children of school age who are mentally defective. 10. MARRIAGE When either party to a marriage is incapable of consenting, the Voidable marriage may be declared void by the court, but only at the suit Lord's o. l. of the party laboring under the disability. II. STERILIZATION The state board of eugenics, which is composed of the state board Board of ^ ' ^ ^ eugenics. of health, the superintendents of the two state hospitals for the in-^-L. 1917, sane, the institution for the feebleminded, and the penitentiary, i- must examine the mental and physical conditions, personal records, and family traits of all persons reported to it by the superintendents of the state institutions. If in the opinion of the board any person may produce children when board ^ ^ ^ . may order with an inherited tendency to feeblemindedness or epilepsy, and operation, there is no probability that the physical or mental condition of the person may be improved, a sterilization operation may be ordered to be performed by the superintendent of the institution. The notice of the finding of the board and of the operation mustNot'.«of be served upon the inmate and his relatives, guardian, or friend, s- An appeal from the order of the board may be taken to the circuit court within fifteen days after notice. The question must be tried before a jury and the order of the board of eugenics may be reversed or sustained. 12. DEFECTIVE DELINQUENTS Any person convicted of delinquency or crime or who is adjudged .commuted to a dependent by the court and who, in the opinion of the judge and *f «^'«™™'i^'i- examining board is feebleminded, must be committed to the in-Ch.354. stitution for the feebleminded for an indeterminate period. During Lord's o.l. the pendency of the hearing, the person may not be detained in any place provided for the detention of persons charged with or convicted of crime. , OREGON 180 liomth"^^ Whenever, in the opinion of the prison physician, any convict state prison, confined in the state prison is idiotic, he must file a sworn statement 4442. with the governor, who must summon one or more of the physicians of the state hospitals to examine the convict. If the physician reports the convict to be idiotic, the governor is authorized to order his transfer to a state hospital for treatment. The governor may, however, at any time cause such convict to be transferred back to the state prison. 13. CRIMmAL RESPONSIBILITY MentaUn- Persons accused of a crime who offer as a defense that at the time •xapacityand degree of pi oof. of ^he commission of the act they were in a diseased state of mind, iior.413, *^ ' vfioOr.si. must prove the fact beyond a reasonable doubt. The mind must be so diseased as to render the person incapable of distinguishing between right and wrong. Irresistible impulses and delusions do not excuse persons from criminal liability. 181 PENNSYLVANIA Authorities: Purdon's Digest of the Statute Law of Pennsylvania, 1905 Supplement 1905-1915 Laws of Pennsylvania, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The board of public charities consists of ten com- p^buc c'hari- missioners, and a general agent and secretary. The commissioners ntlest. are appointed by the governor with the consent of the senate for I'.lH^. terms of five years. They receive their expenses. The general agent and secretary is appointed by the commissioners for three years and is a member of the board ex-ofEcio. He receives $5,000 annually and travelling expenses. The commissioners must meet every three months, have full power either by themselves or their agent to examine the condition of all charitable, reformatory, or correctional institutions and may appoint four special agents for this purpose. Recommendations may be made to the board of trustees of the institutions. All in- stitutions must report to the board and keep accounts according to the forms prescribed by the board. Failure to obey the orders of the board may result in failure to receive a recommendation for state aid. The board or an agent must visit all institutions receiving aid from the state at least once each year and all county institutions at least once in every two years. All plans for the erection of buildings must be submitted to the board for approval. The board may designate three or more persons in any county to vi°s1tOTs?' act, without compensation, as visitors of the county institutions. b. Institutional. The Eastern and Western Pennsylvania homes ??usues! and the village for feebleminded women are each under the manage- J; jgll'. ment and direction of a board of nine trustees, who are appointed by the governor, with the consent of the senate, for terms of three years. The members receive no compensation for their services. Three of the members of the board of the village must be women. The boards make all rules and regulations for the admission of inmates, appoint the superintendents, who appoint other officers for the institutions. The salaries are determined by the board. The boards must make quarterly reports to the auditor-general. The governor, judges of the courts, members of the legislature and the board of charities are ex-officio visitors of the institutions. The Philadelphia institution for the feebleminded is under the ^i^'iadeiphia: 1 i? 1 T-»i •! 1 1 Institution. supervision and control of the Philadelphia department of public p-5972. PENNSYLVANIA 182 Children, p. 1286. p. 5970. Adults, p. 7573- Women. Laws I9i7> no. 259. Application f admission. health and charities. The department makes the rules and regula- tions for admission to, discharge from, and the conduct of the in- stitution. The rules must be approved by and cannot be changed without the approval of the state board of public charities and the city council. 2. CARE a. In special state institutions. Eastern Pennsylvania State Institution for the Feebleminded and Epileptics, Spring City; established 1903; 1,159 beds. State Institution for Feebleminded for Western Pennsylvania, Polk; estabhshed 1893; 1,773 beds. Village for Feebleminded Women, Glen Iron; established 1913; (not yet opened). b. In general state institutions. c. In local institutions. The Philadelphia institution for the feebleminded, at Byberry, was erected by the state and the city for the care of feebleminded and idiotic persons of the city of Phila- delphia. d. In private institutions. The state maintains 700 feebleminded children in the Pennsylvania training school for feebleminded children at Elwyn, and 30 children in the Pennsylvania Epileptic Hospital and Colony, at Oakbourne, both private institutions. A state appropriation is made also to the Memorial Home for Epilep- tics, Rochester, Pa. 3. COMMITMENT a. Persons committed. The Western Pennsylvania institution is devoted to the care of idiotic, epileptic, and feebleminded children who are incapable of receiving instruction in the public schools. The patients are classified, and cases afflicted with epilepsy or para- lysis receive space and care. Feebleminded adults of inoffensive habits are admitted. The Eastern Pennsylvania institution is de- voted to the segregation, care, maintenance, treatment, and education of the epileptic, idiotic, imbecile or feebleminded persons of both sexes and of all ages. Children supported by the state are admitted to the Pennsylvania training school for periods of seven years or longer; and residents of Philadelphia are admitted to the Philadelphia institution. Women of all classes and ages are to be admitted to the village for feebleminded women, f b. Legal procedure in commitnient. The forms for admission to the Western Pennsylvania institution are prescribed by the board of trustees. The answers must be made under oath, and the application blank must be endorsed by the board of commissioners or directors of the poor of the county in which the applicant resides. 183 PENNSYLVANIA Admission to the Eastern Pennsylvania institution is tlirough com- p- s97o. mitment by the court. The petition must be accompanied by the certificate of a reputable physician, with five years' experience in the practice of his profession. The court must appoint a day for a hear- ing and give notice to all concerned. If the person is declared to be feebleminded or idiotic, the court may order commitment to the institution. Application for commitment may be made by the par- ents, guardian, superintendent of an institution, the person having custody of a child, or by a district attorney. Adults who are feebleminded and of such inoffensive habits as to Admission of adults. make them proper subjects for an institution, may be committed to p. 1287. the Western institution upon pursuing the same course as is required for the commitment of the insane. Application for admission of feebleminded women must be women. p. 7573. accompanied by a certificate of a physician after a hearing, the court Laws 1917, may order the person committed to the village for feebleminded women. Rules and regulations for admission to the Philadelphia institution '^S^l^^ ^ for the feebleminded are prescribed by the city department of public institution, health and charities and approved by the state board of public chari- ties and the city council. c. Voluntary admission. Any parent or guardian may have ae^g^^'^n'iiiy child admitted to the Western Pennsylvania home for the feeble- ^"^l^^ss minded upon observing the rules of the trustees and agreeing to pay '• "*'• all expense of maintenance. d. Appeal from commitment. e. Cost of commitment. The cost of committing persons to thefo^^^^y^** Eastern Pennsylvania home and to the village for feebleminded p-597i- women is paid by the county. 4. CONVEYING PATIENTS TO THE INSTITUTION The court making commitment to the Eastern Pennsylvania home^t°g„4*^'t°'°'^ directs an officer or person to convey the inmate to the institution. '• ^'^'• The cost of transportation is paid by the county. 5. TRANSFER OF PATIENTS The boards of trustees of the Eastern Pennsylvania home and of f/^^jttee the village for feebleminded women must receive such idiotic or°"py3p^f; epileptic persons as may be transferred by the committee on lunacy ''• '^'^*- and the board of public charities. Inmates may be transferred from an institution to any other state institution by the committee. PENNSYLVANIA 184 Eastern Pennsylvania institution. P-597I. P- 7S74. Philadelphia institution. p. 5972. Pennsylvania training school, p. 1285. 6. PAROLE AND DISCHARGE OF PATIENTS The trustees of the Eastern Pennsylvania home and of the village for feebleminded women may recommend the discharge of inmates whose mental condition is improved, if in their opinion a release would be beneficial and not incompatible with the welfare of society. The recommendation must be transmitted through the court, where a hearing must be had and an order of discharge transmitted to the board. Rules for the discharge of inmates for the Philadelphia institution for the feebleminded are made by the department of public health and charity and approved by the state board of pubhc charities and the city council. When the discharge of an inmate from the Pennsylvania Training School may work an injury to society, the inmate may be retained by the managers and the superintendent for an indefinite period. Paid by the state, or guardian. p. 1287. p. 5968. P-597I. Parents and relativesliable. Paid by county. Laws of 1917, no. 274. 7. COST OF MAINTENANCE All children committed to the Eastern and Western Pennsylvania institutions are supported by the state. The court making commit- ments to these institutions and to the village for feebleminded women must order the cost of maintenance or any part of it to be paid out of the estate of the person if there is sufficient estate for the purpose. Every guardian, trustee, committee or person having charge of the ' estate must report the amount and character of the estate, within six months after appointment. The husband, wife, father, mother, child or children of any in- mate maintained by the state are liable for the maintenance. The court of common pleas may, upon the application of the attorney general, order them to pay the sum expended by the state, or any part of it. The board of trustees must keep an account of the cost of main- tenance of the inmates of the village for feebleminded women, from which must be deducted any amount which has been received from the labor of the inmate, and forwarded to the county commissioners of the county from which commitment was made. Payment must be made by the county within thirty days. Court appoints guardian, p. 6564. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The courts of common pleas may appoint guardians for feebleminded and epileptic persons. b. Community. 9. SPECIAL EDUCATION 185 PENNSYLVANIA 10. MARRIAGE No license to marry may be issued when either of the parties is an Prohibited, imbecile, or of unsound mind, or is under guardianship as a person of unsound mind. II. STERILIZATION 12. DEFECTIVE DELINQUENTS The judges of any courts, except justices of the peace, may o^'der Jg^™'^e^ any juvenile offender to be committed to a suitable institution or p-i882. training school. 13. CRIMINAL RESPONSIBILITY The law presumes every man accountable for his actions until he N"' responsible ■^ '' for crime. is proven otherwise. Mental defects as an excuse from criminal 191 Pa- 37s. liability are set up under the defense of insanity. Feeblemindedness and epilepsy are not so closely allied to insanity '^^%^^i- , 153 "3* 535* as to excuse one from criminal responsibility unless they have taken from the person the knowledge of right and wrong as to the particular acts in question. Persons setting up incapacity to commit crime must prove their D^e^^'"* allegation by a preponderance of the evidence. ■nv&.ios- 186 1*61131 and •charitable commission. P.L. 1917, 1470, 1,2. 4,21,23. Board of temale visitors. P. L. 1917, •ch. 1470, 22. No. 107. Visiting board. Acts of 1917, No. 121. Superintend- ent. Actsof 1915. No. io7>2. No. 100,9' I. ADMINISTRATION AND SUPERVISION a. General. The board of charities and corrections consists of five members appointed by the governor with the confirmation of the senate for terms of five years. The members may be removed by the governor for cause. They receive no compensation but are allowed their expenses. The duties of the board are strictly visitorial and advisory. ' Each charitable institution must be visited once a year, except the hos- pitals for the insane, the penitentiary, and the reformatories, which must be visited once in six months by at least two members of the board. Regular meetings must be held in May and November of each year and more often if necessary. The board must report annually to the governor; it must make investigations at his re- quest and report the findings to him. The board appoints in each county or city a local committee of visitors of three persons, one of whom must be a member of the board of health and another a woman, for the purpose of assisting in local inspections. b. Institutional. The hospital for the insane (which cares for imbeciles, idiots, and epileptics who are dangerous to others, to themselves, or to property) is under the direction and control of a board of regents, consisting of five rnembers appointed by the gov- ernor for terms of six years. The regents establish by-laws and rules for the government of the hospital, fix the salaries of officers and attendants, not otherwise provided for by law, and establish the rights of admission, maintenance, and medical attendance for patients other than beneficiaries. The governor appoints a visiting board for the state hospital, composed of three members — a physician, a minister, and a lay- man. The board must visit and inspect the hospital and see that the rules are enforced. The superintendent appoints and removes all physicians, officers, and employees and makes all rules, regulations, and by-laws for the management of the institution. He must make quarterly reports to the board and furnish it with requested information. 2. CARE a. In special state institutions. There is no special institution for the feebleminded or the epileptic. 191 SOUTH CAROLINA b. In general state institutions. The state hospital for the in- *'=g^of ^s's. sane at Columbia cares for imbeciles, idiots, and epileptics for whom institutional care is necessary, and for those confined as pay patients, c. In local institutions. Indigent persons not admitted to the' counjy poor- state hospital because harmless or incurable, are maintained in the county poorhouses. 3. COMMITMENT a. Persons committed. The state hospital for the insane isj^f'^' ^ defectives. maintained for the treatment of the insane, but persons are consid- 3- ered fit to be received as patients in the hospital who, by reason of mental aberration or brain disability of a more or less permanent character, are dangerous to others, to themselves, or to property and incapable of conducting their work or business. Harmless Code v. i. imbeciles, idiots, and epileptics, resident and nonresident, may be admitted as pay patients. When the accommodations of the hospital are crowded, preference Order of ^ , ' ^ admission. must be given to recent curable insane cases over chronic incurable 3366. cases. Preference is last given to idiots, or any who have been imbecile or weak-minded from childhood, or to those who are sub- ject to epileptic convulsions. b. Legal procedure in commitment. Application by a relative, app1'0|''o°- friend, or citizen for commitment to the hospital must be made to the judge of probate of the county in which the person resides. The judge may investigate the case by examining witnesses or not as he sees fit, and if he is reasonably convinced that the application is a just one, he must transmit answers to the list of interrogatories prepared by the regents and forward them to the superintendent of the hospital with an application for admission. If necessary, the superintendent may refer the application to the board of regents before final answer. When informed that the person can be re- p™"'.*?'''" ■^ bypnysician. ceived, on what terms, and under what class, the judge of probate code v. 2, must call two physicians to certify to the condition of the person. The physicians must be registered according to the law of the state and may not be related to the patient. c. Voluntary admission. Any person voluntarily making applica- Superintend- ^ tion to be admitted to the hospital may be received at the discretion *<:*? of igis, (4.1. ■ 4. J ^ No.107,3- ot the superintendent. d. Appeal from commitment. e. Cost of commitment. The expense of committing patients P^'d by the and transporting them to the hospital must be paid out of their estate if they have any, or by the relatives hable for their support. In the case of indigent patients, the cost is borne by the state. SOUTH CAROLINA 192 Sheriff or friends must convey. Acts of 1914, No. 392. Care before conveyance. From the industrial school. No. 392. Superintend- ent and regents may parole. Code V.I. 3366. Discharge. Financial condition of patient in- vestigated by the judge. 3362. Indigent patients. 4. CONVEYING PATIENTS TO THE INSTITUTION The judge of probate must instruct the sheriff or his deputies or other officers or a friend or friends of a committed person, to convey him to the hospital. The sheriff or other person in charge of any patient ordered to be conveyed to the state hospital must hold him without expense to the hospital until notified by the superintendent that the patient can be received. 5. TRANSFER OF PATIENTS Whenever any inmate of the industrial school is found demented, the fact being determined according to the legal provisions, he must be transferred to the hospital at the expense of the county from which committed. 6. PAROLE AND DISCHARGE The superintendent of the hospital, under the authority of the board of regents, must furlough any convalescent patient at the request of his relatives or friends for a period not exceeding three months. The relatives or friends must pay all the traveling expenses of the patient from and back to the hospital. If at the expiration of three months the patient has not been returned to the hospital, he must be entered as discharged, and readmission can not be obtained without recommitment as if the person had never been a patient in the hospital. Whenever a patient has recovered, the regents must discharge him from the hospital. 7. COST OF MAINTENANCE The judge of probate must make a thorough examination of disinterested, reliable witnesses under oath, and of records, as to the .financial standing of the patient, the actual value of all prop- erty owned by him, and by the husband, wife, father, mother, sons, daughters of such patient, and also a statement of all debts due to and due by the patient and the relatives, and transmit to the superintendent of the hospital a report of his investigation. The superintendent or the board of regents must then decide whether the patient can be received as a beneficiary or as a pay- ing patient, in whole or in part. If the patient is to be a paying patient the judge of probate must require a bond to be given with sufficient sureties. Indigent patients, residents of the state, are maintained at the expense of the state. If satisfactory evidence is adduced before the judge of probate that a paying patient in the hospital has since ad- mission become indigent, he must at once notify the superintendent of the fact. 193 SOUTH CAROLINA The board of charities appoints agents to investigate the financial ^^^g'^j^'j,™^ condition of inmates and of the relatives liable for their support, ^^^^^l"^'. A report is made to the board of regents, which determines whether ^°'^g°' charges must be made against the estate or relatives. Monthly payments may be ordered and the board must make an effort to collect them. Suits may be brought for the collection of unpaid amounts. The orders may be canceled or modified by the board of charities. 8. GUARDIANSHIP AND SUPERVISION a. Personal. When an innjate has an estate sufficient for his '^'"".' ?^y appoint a support and no committee has been appointed for it, the agent conunittee. of the board of charities must petition the probate court to appoint a committee. b. Community. The judge of probate may be required to ^ct ^'^^^^^°\^ as the guardian of the estates of idiots who have no general oxP^^^'^eaa.td- testamentary guardians. The application for the appointment ^"^^.J' '' of the judge of probate as guardian must be made by the father, ^w''^'''"'- mother, husband, brother, executor, administrator, or other person interested. The character and value of the estate must be set forth in the application and an affidavit must be made that no fit, competent, or responsible person can be found who is willing to assume guardianship. 9. SPECIAL EDUCATION 10. MARRIAGE Idiots may not lawfully contract matrimony. When the validity ^°'y°"y°'" of a marriage is denied or doubted by either party, the other may 3743. ^^^^ institute a suit, in the court of common pleas, for the affirming of the marriage. The court may declare the contract void for want of consent of either of the contracting parties. II. STERILIZATION 12. DEFECTIVE DELINQUENTS No idiot or epileptic may be confined for safe keeping in anj^ jail, confined to but must be sent to the state hospital for the insane, by the county j?^?°?i sheriff, at the expense of the county. 931- Any judge of the circuit court is authorized to send to the state 3375- hospital for the insane every person charged with the commission of any criminal offense, who upon trial proves to be non compos mentis. When the person so sent is not a pauper, he must be supported out of his own estate. SOUTH CAROLINA 194 13. CRIMINAL RESPONSIBILITY resVmsibie'for Persons SO mentally unsound as not to know that an act was ™Ss c 73 wrong may not be held responsible for crime. The plea of mental ^j*ereeof incapacity is an affirmative defense and must be established by the 18 B.C. SIS- preponderance of the evidence. Persons convicted of a crime may offer a plea of mental defectiveness, after sentence has been pro- nounced, as a bar to further proceedings. The issue must be sub- mitted to a jury. 195 SOUTH DAKOTA Authorities: Compiled Laws of South Dakota, 1913 Laws of South Dakota, 1915, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The state board of charities and correction isfjj'^^esand composed of five persons, no three of whom may be residents of ^"'l^"'""- counties in which state pubUc institutions are located, appointed '^■'•'■'^s- by the governor for terms of six years. The members of the board receive $1500 per annum and necessary expenses while performing the duties of their office. The board has control of all state institutions, including the state ''■ ''^■ school and home for the feebleminded, which maintains buildings for ''• ''*''• the maintenance, education, and treatment of imbeciles or feeble- minded persons. The board has power to examine all things pertain- ing to the management and condition of the institutions, appoints and removes officers and employees and prescribes all rules and regula- tions for their government. The board must visit the institutions p-45'i. at least once in each month and as often as deemed necessary. Reports must be made to the legislature at the beginning of each regular session. b. Institutional. There is no local board of trustees. The state Superintend- ent, school and home for the feebleminded is under the control of a super- p- 147. intendent appointed by the board of charities and correction. He has charge of the education and treatment of the feebleminded, and with approval of the board appoints the employees of the institution. 2. CARE a. In special state institutions. State School and Home for the Feebleminded, Redfield; established 1902; 303 beds. b. In general state institutions. c. In local institutions. d. In families. The board of county commissioners may pay subsidy, to the parents of idiots and children otherwise helpless, who are paupers, an annual allowance which may not exceed the charge for maintenance in the ordinary mode. 3. COMMITMENT ed. All imbeciles i ;pt those who have by reason of old age) who have been residents of the state for one a. Persons committed. All imbeciles and feebleminded or pm?. P- 149- epileptic persons (except those who have become feebleminded SOUTH DAKOTA ■196 By the court. p. ISO. Laws of 1917, ch. 265. C.L. V. I, p. 148. year preceding application for admission and who are incapable of receiving instruction in the common schools, may be received, if in the judgment of the superintendent the applicant is a suitable person to receive instruction and the capacity of the institution permits. b. Legal procedure in commitment. Any feebleminded or epileptic person found in any county who is without a guardian may be committed to the custody of the superintendent of the home by the county judge on the complaint of the state's attorney. c. Voluntary admission. d. Appeal from commitment. (See 6. Appeal and discharge; habeas corpus.) e. Cost of commitment. The county must pay the cost of com- mitment and transportation for all persons committed by the court. Parents or guardians who send persons to the institution for educa- tion and treatment must pay the expense of transportation, unless they are unable to do .so. Hospital at- tendant or relative may convey. Laws of 1917, Ch. 26s. other at- tendants. Woman at- tendant. Expense. 4. CONVEYING PATIENTS TO THE INSTITUTION When a person is to be sent to the home, the superintendent must send an employee who has had experience in the care of feeble- minded persons to take charge of him while en route to the hospital. The county judge may authorize a relative or member of the family of the person, if competent to do so, to convey him to the home. If the emergency is great, the county judge with the consent of the superintendent of the home may appoint some one other than a relative of the patient to convey the patient to the home, but in no instance may a woman patient be conveyed except by a woman attendant. The expense of the conveyance is paid by the home when ap- proved by the board of charities and corrections. By the court. C.L. V. 2 p. 750. V. I p. 149. 5. TRANSFER OF PATIENTS Inmates of the reform school and hospitals for the insane who are epileptic or feebleminded must be brought before the court by the board of charities and correction when their condition is reported to them by the superintendent of the school or hospital. If in the opinion of the court the inmate is epileptic or feebleminded, transfer to the state home may be made. Cured patients discharged, p. 145. 6. PAROLE AND DISCHARGE OF PATIENTS Any patient who is cured must immediately be discharged by the superintendent of the state home. The relatives of any patient not susceptible of cure, and not dangerous to be at large, have the right to remove him by consent of the board of charities and correction. 197 SOUTH DAKOTA On application of the relatives or immediate friends of any patient in the home who is not cured, and who can not be safely allowed to Removaiof ' "^ patients by go at liberty, the commissioners of insanity of the county in which relatives, the patient belongs, having made provision for his care within the county, may authorize his discharge but no patient charged with or convicted of homicide may be discharged without the order of the board. When patients are discharged without application therefor, notice must at once be sent to the commissioners of insanity of the^.o^eeof ^ discharge. county where they belong, who must have them removed, and pro- vide for their care in the county, unless the patients are discharged as cured. If the commissioners fail to remove a patient so dis- charged within thirty days, the county in which the patient belongs must pay at the rate of two dollars a day for the support of the pa- tient. All persons confined are entitled to the benefit of the writ of Habeas corpus. p. 737. habeas corpus, and the question must be decided at a hearing. If the judge decides that the person should be confined the decision is no bar to the issuing of the writ a second time, whenever it shall be alleged that he has been restored to reason. 7. COST OF MAINTENANCE All residents of the state who are received are maintained and^esidentsajid nonresidents. educated at the expense of the state. For nonresidents, a fair p- '47-8. compensation, which is fixed by the board, must be paid. Parents ciotiung. or guardians who are able to do so must furnish suitable clothing or pay a sum not to exceed $30 per annum for the purchase of clothing. The sum must be paid in advance. If the parents are destitute and the patient has no estate and the fact is certified by the judge, part or all of the amount fixed must be paid by the county. Statements of the expenditure of sums paid and of the amount due must be sent to those making payment. 8. GUARDIANSHIP AND SUPERVISION a. Personal. b. Community. The superintendent of the state home has the superintend- . . ent as guardian. legal custody and the rights of a guardian for all persons committed, p- 'so, Ch. ri9, 4r. 9. SPECIAL EDUCATION 10. MARRIAGE A marriage may be annulled by an action in the circuit court A^nuu^ei'"* ^ •> •' marriage. when either party was of unsound mind at the time of the marriage ?■ l. ^ ■' ° V. 2 p. 7. unless the party, after coming to reason, freely cohabited with the other as husband and wife. SOUTH DAKOTA 198 Superintendent to examine inmates. Laws of 191 7, Ch.236. Duty of the board. Governor may transfer to hospital for the insane. C.L. V. 2 p. 746. Excused from liability, p. s6i. II. STERILIZATION It is the duty of the superintendent of the home for the feeble- minded to examine into the mental and physical condition and the records and history of the inmates with a view of determining whether it is improper or inadvisable to allow the inmates to procreate. A report of his findings must be made annually to the board of charities. The board and the superintendent must examine the record of each inmate and if a majority of them decide that procreation by the inmate will produce children with a tendency to disease, feeble- mindedness, idiocy, or imbecility, or if the mental condition of the inmate will be materially improved, the physician of the institution or any one selected by him must perform the operation of vasectomy or ligation of the Fallopian tubes. 12. DEFECTIVE DELINQUENTS Provision is made for the commitment of criminals who are insane (insane including every species of mental derangement). Whenever it appears to the satisfaction of the governor, by the representations of the warden of the state prison and board of charities and correc- tion, that a convict sentenced by any court in the state is insane, the governor, if he determines that the convict is insane, must order him transferred to one of the state hospitals for the insane, and that upon recovery, if before the expiration of his sentence, he be returned to the state prison. If a doubt arises as to the sanity of a defendant to be tried on indictment or brought up for judgment, the court must order a jury to be impaneled. If the jury finds the defendant is insane, the trial or judgment must be suspended until he becomes sane, and the court, if it deems his discharge dangerous to the public peace or safety, may order him to be kept in charge of the sheriff until sane. If the defence is insanity, the jury must state the fact if they ac- quit him on that ground; and the court may, if it considers the discharge of the defendant dangerous, commit him to the hospital for the insane until he recovers. 13. CRIMINAL RESPONSIBILITY Idiots, persons of unsound mind, and persons partially deprived of reason are not capable of committing crime if at the time of the commission of the act they are incapable of knowing its wrongful- ness. A morbid propensity to commit prohibited acts is no defense unless the person is incapable of knowing the wrongfulness of the act. 199 TENNESSEE Authorities: Annotated Code of Tennessee, 1917 Acts of 1917 1. ADMINISTRATION AND SUPERVISION a. General. The board of control consists of three electors, f°l^^„°} one from each grand division of the state, appointed by the governor, ^"f^-^^^ with the advice of the senate. The governor designates the presi- dent, and the board elects one member vice-president and the other, fiscal supervisor. The board appoints its secretary and other employees. Members hold office for six years but are removable by the governor. The salary of the president is $4000, that of the other members, $3,600; actual official traveling expenses are al- lowed. The members devoted their entire time to their official duties and ?"J?i 312a 05. have all power and authority necessary for the full and efficient exercise of administrative, executive, and fiscal supervision over all the state institutions. The board determines the number of offi- cers and employees and fixes their salaries. It may discharge any employee. All supplies are purchased by the board. Each institu- tion must be visited at least once a month by a member of the board. The board reports annually to the governor. b. Institutional. There are no local boards of trustees. Each hospital for the insane (see 2, b.) is under the executive management of a superintendent, who is appointed by the board of control with Superintendent, the approval of the governor, for a term of four years. The em- ployees of the institution, the number of which is determined by the board and the superintendent, are appointed by the superintendent, but not more than ten per cent of the total number may be from the same county. 2. CARE a. In special state institutions. There is no special institution for the feebleminded or epileptic. b. In general state institutions. The state maintains three general hospitals for the insane, which care also for feebleminded and epileptic persons who are insane; separate accommodations are pro- vided for white and negro patients at each hospital. 0. In local institutions. Four counties maintain county asylums County ^ . . ^ .J asylums. or departments m connection with their almshouses, under the 1932. management of the commissioners of the poor appointed by the county. Each of the other counties must maintain its own poor TENNESSEE 200 asylum to which feebleminded and epileptic persons may be ad- mitted who can not be cared for at the state hospitals. The rulings of the county commissioners in regard to admissions are subject to revision by the county court. 2616. 312 a 19. 2617. 2630. Commitment to private institutions. 2677 a 6. 267737. 2677 a 8. 2677 a 10. 2677a II. 2677 a 12. Writ of error. 1379. 3. COMMITMENT a. Persons committed. All feebleminded or epileptic persons who are insane and who have legal citizenship and residence in the state may be admitted to the state hospitals. b. Legal procedure in commitment. The board of control has power to regulate the admission of inmates. Feebleminded or epileptic persons when insane may be placed in the hospital by their legal guardians, by their relatives or friends in case they have no guardians, or by a justice of the peace. In order of admission, the indigent have precedence of paying patients. A feebleminded or epileptic person may be committed to a private institution in the same manner as provided for the commitment of insane persons to the state or county hospitals for the insane. Or commitment may be made upon a petition to the chancery or county court by the husband, wife, child, parent, brother, or sister, or guardian, or the next of kin of the person, or by the person at whose house the person resides, and a certificate of lunacy made by two reputable physicians of at least two years' experience in the practice of medicine, and upon the order of a judge of the court. The petition must contain a sworn statement of the degree of relationship of the person, his color, sex, age, civil condition, oc- cupation, place of residence, and duration of his insanity, the facts indicating his insanity, and the name of the institution to which it is desired to have him committed. The two physicians must jointly make a final examination of the person within ten days next before the granting of the order of commitment. Neither of the physicians may be a relative of the person apply- ing for the order of commitment, or of the feebleminded or epileptic person, or be an officer of or be in any way pecuniarily interested in the institution to which commitment is sought. Personal notice of the application for his commitment must be served upon the person at least one day before the order is granted; but the judge may dis- pense with such personal service upon the affidavit of the examining physicians that it would be detrimental to the patient. c. Voluntary admission. d. Appeal from commitment. An alleged feebleminded or epileptic person may prosecute an appeal or a writ of error, in proper person, from an adverse judgment in a proceeding of inquisition of 201 TENNESSEE lunacy. Any person restrained of his liberty may prosecute a habeas corpus. writ of habeas corpus, to be granted by any judge. e. Cost of commitment. The county from which an indigent ^^'s- person is sent must pay the expense of his transportation to and from the hospital as well as other expenses connected with his commitment. 4. CONVEYING PATIENTS TO THE INSTITUTION The clerk of the county has the duty of issuing a warrant to some 2619. suitable person for the conveyance of a patient to a hospital. 5. TRANSFER OF PATIENTS An insane feebleminded or epileptic person may be transferred ^y^?^^^^^^^^^^ from the custody of a state or county asylum or hospital to the cus- 2677313- tody of a private institution, or vice versa, upon a certified copy of the original order of commitment made by the superintendent or physician in charge of th^ institution from which the patient is trans- ferred. The board of control may transfer inmates of the children's homeB/*''^,'"',"'! '' _ of control. to other institutions when the welfare and best interests of the child Actsofisi?, no. 56. SO requirfe. Children may be transferred from other institutions to the children's home if there is room and if $75 is paid to the in- stitution for their care and maintenance. 6. PAROLE AND DISCHARGE OF PATIENTS The board has power to regulate the discharge of any inmates ^™'?^'»*« as provided by law and the rules of the board. Patients in state C'"'^- , . 312 a 19 hospitals must be removed whenever, in the judgment of the super- intendent and president of the board of trustees, it may be judicious and proper for the interests of the hospital, the patient, and the community. The physician in charge of a private institution may at any time Fromprivate discharge a patient committed as feebleminded or epileptic when, 2677316. in his opinion, the patient's condition does not render him dangerous to himself or others if at liberty, or may discharge him to the custody of a person authorized to make the petition. He may parole a 2677317- committed feebleminded or epileptic person to the custody of a responsible relative or friend for a period not exceeding thirty days. If the patient is returned to the institution before the expiration of that time, he may be readmitted upon the original order of commit- ment. Before the expiration of this period of thirty days, he may in like manner be admitted to any state or county hospital or asylum or licensed private institution upon a certified copy of the original order of commitment. If not returned to the custody of the institu- TENNESSEE 202 Indigents. 2619. IVTonindigents. 2637 a I. 2627 a 2. Persons acquitted of crime. 2631 tion or admitted to some other institution upon the original order, he must be discharged at the expiration of his period of parole. 7. COST OF MAINTENANCE The county from which an indigent patient is sent must pay the cost of his maintenance at the hospital and provide the necessary clothing. When a person committed to the hospitals for the insane has estate, the income of which is insufficient to pay for his support at the hospital, the same may be appropriated toward the payment for his support; provided, that the patient has no family or depend- ents. The county court clerks of the various counties are required to report to the superintendents of the several hospitals for the insane the names and amounts in value of the estates belonging to feeble- minded persons who have been committed. 8. GUARDIANSHIP AND SUPERVISION 9. SPECIAL EDUCATION 10. MARRIAGE II. STERILIZATION 12. DEFECTIVE DELINQUENTS Provision is made for the care of the criminal insane (insane in- cludes idiots and all persons of unsound mind) . If in behalf of a person not previously known to be insane, who is charged with a criminal offense punishable by imprisonment in the penitentiary or death, the plea of insanity is urged, the court must charge the jury that if they believe the defendant to be insane, they shall so find, and he shall be committed to a hospital. The powers of courts of commitment to the hospital for the insane do not extend to insane persons arraigned for felonious assaults or misde- meanors only, or to those who may be admissible to the hospitals for the insane under the general laws of commitment. Persons xesponsible for crime. <)i T. 647. 8g;r.6i4. 13. CRIMINAL RESPONSIBILITY All persons are presumed to be capable of crime. Proof of in- capacity is sufficient which raises a reasonable doubt upon the point. But no person may be held guilty who has not sufficient discernment to distinguish between good and evil, and who is not conscious of doing wrong in the act he is committing. 203 TEXAS Authorities: Vernon's Sayles Texas Civil Statutes, 1914 Penal Code of Texas, 191 1 General Laws of the State of Texas, 19 15 I. ADMINISTRATION AND SUPERVISION a. General. There is no state board having general control or supervision of the feebleminded and epileptic or of the institutions in which they are kept. b. Institutional. The state colony for the feebleminded is under B"*'"*"', ^ managers of the control and supervision of a board of five managers. The state ^^Jj'^^™"''^* superintendent of public instruction and the ranking professor of c^^'^'j^' child psychology in the department of education of the University of Texas are ex-oflB.cio members. The other three members, one of whom must be a physician and another a woman, are appointed by the governor with the consent of the senate for terms of six years. Each member of the board, except the ex-ofhcio members, receive five dollars a day and expenses while engaged in the performance of official duties. The board must appoint and may remove a superintendent, deter- mine his duties, and fix the salaries of all officers of the colony. The ®'*'"'^^87, 116. detailed manner and conditions of admission, transmittal, and dis- missal must be prescribed by the board. The superintendent must supenntend- be a man with training and experience in a similar institution. He has power to appoint and remove all subordinates and is re- sponsible for the details of management. The board of managers of the epileptic colony is composed of six ^"* °*s „f members, who must be qualified voters. The members are appointed ^jJon?" by the governor for terms of six years and receive five dollars a day J"*^*" and expenses incurred in the transaction of the business of the in- J*^- stitution. Pay for but one day each month is all that is allowed for '79- attending the monthly meetings. Biennial reports must be made to the legislature. The board of managers elects the superintendent of the institution '^'• for a period of two years and may remove him for cause. The rules, regulations, and by-laws of the colony are made by the board and the superintendent. The superintendent must have had practical f^^^^''"**"''" experience in the management of epileptic persons. He may ap- j*^; point and remove all teachers, officers, and employees of the colony. '^*- An annual report must be made by him to the board. TEXAS 204 2. CARE a. In special state institutions. State Epileptic Colony, Abilene; established 1899; 600 beds. State Colony for the Feebleminded, Austin; estabhshed 1917; 120 beds. b. In general state institutions. c. In local institutions. FEEBLE- MINDED. G.L. 191S, Ch. 90. 2,4. EPttEPTICS. Statutes. 213. FEEBLE- MINDED. G.L. 191 5, Ch. 90, 5. EPILEPTICS. Statutes. Admission of public patients. 222. 223. 224, 22s, 226, Private patients. 221. Preference in admission. 228. 3. COMMITMENT a. Persons committed. Feebleminded children who are unable to profit by the methods of education employed in the common schools and feebleminded adults who are not able to protect and support themselves at large as law-abiding citizens may be received into the colony. Preference must be given to girls and women of child-bearing age, and to those of both sexes who are most likely to profit by special education and training. All persons afflicted with epilepsy, except idiots, imbeciles, and those who are infirm or suffering from contagious and infectious diseases, who have been residents of the state for one year preceding the application, may be admitted to the epileptic colony. b. Legal procedure in commitment. The detailed manner and conditions of admission to the colony for the feebleminded are pre- scribed by the board of managers. Patients admitted to the epileptic colony are divided into three classes: 1. Indigent pubhc patients; 2. Nonindigent patients; 3. Private patients. The parents, guardian, or friend of an epileptic not seeking ad- mission as a private patient may make an application in writing to the county judge for the admission of the epileptic to the colony. The application must be accompanied with the certificate of a reputable physician, stating that the person has been carefully examined and is afflicted with epilepsy. The judge may examine witnesses and if the epileptic is entitled to admission into the colony, an application together with a full copy of the proceedings must be forwarded to the superintendent. If the judge finds that the person is not indigent, application must be made for admission as a non- indigent patient. Private patients may be admitted into the colony upon the ap- plication of the parent, guardian, or friend, under rules and regula- tions prescribed by the board of managers and superintendent. All patients must be received if there is room in the colony. When application is made for more patients than can be admitted, preference must be given to indigent over nonindigent public pa- tients, and to both classes over private patients. 205 TEXAS c. Voluntary admission. (See 3. b. Legal procedure: private patients.) d. Appeal from commitment. (See 6. Parole and discharge: 'habeas corpus.) e. Cost of commitment. The cost of commitment and expense ^j|,^^£ of conveying all public feebleminded patients is paid by the county. j*3. If the patient or any one equally liable for his support is possessed of '**' '**• property, the county may be reimbursed for the amount expended. An action for reimbursement may be brought in the county court. The judge is paid by the county for all services rendered in each ^^'I-^ptics. case in connection with committing a person to the epileptic colony. ^^9, 230, 231- The county judge must see that each patient admitted is supplied with three full suits of substantial clothing. The cost of the cloth- ing and expense of transportation for indigent patients is paid by the county. Nonindigent patients pay for their own clothing and cost of transportation. 4. CONVEYING PATIENTS TO THE INSTITUTION Provision for the conveyance of patients to the feebleminded ^^J,^^ colony is made by the board of managers. cii^'o's^' An escort must accompany nonindigent epileptic patients, and the charges and the expenses of the escort must be paid by the pa- 1^^^^'^'''^' tient. The escort may not charge or receive more than two dollars ^31- a, day and actual and necessary expenses. 5. TRANSFER OF PATIENTS All epileptics who are confined in or who may be committed to an epileptics. ^ ^ ^ 214,215. insane asylum, who are entitled to admission to the colony may be 216,217 transferred to it. The transcripts and histories of the cases must be transmitted. The expense of the transportation of the patients and attendants is paid by the colony. Patients transferred remain in the same class in which they were admitted to the asylums. 6. PAROLE AND DISCHARGE OF PATIENTS The parole and discharge of patients from the feebleminded ^j^^^£ colony is regulated by the board of managers. cii^'o''^' All patients, except those charged with or convicted of some offense, may be discharged from the epileptic colony at any time|P'^^PTics. upon the recommendation of the superintendent and the approval of 142- the board of managers. Any patient coming within the exception may be discharged upon the order of the court by wh'ich commit- ment was made. The various courts of the state have power to issue writs of habeas Habeas corpus, corpus for those wrongfully restrained of their liberty. TEXAS 206 EPILEPTICS. Indigent jniblic patients. 2ig. Nonindigent public patients. 220. Private patients. 221. Court may appoint. 4043- Guardian ad litem. 1942. Defective girls. 2201 a. Excused from crime and punishment. Penal code, 39- 9T.C.R.5IS- 7. COST OF MAINTENANCE Indigent public patients are those who possess no property or any one legally liable for their support and able to reimburse the state. They are supported entirely at the expense of the state. Nonindigent public patients are those who possess some property, out of which the state may be reimbursed, or who have some one legally liable for their support and able to reimburse the state. They are maintained by the state in the first instance, but the state has the right to be reimbursed. The claim of the state is a valid indebtedness against the patient's guardian or estate and may be recovered in a suit at law, which must be instituted by the county attorney upon the request of the board. The amount charged such patients must not exceed five dollars a week. Private patients are maintained at their own expense or at the expense of their guardian, friends, or relatives. The superintend- ent must contract for their care at a rate not less than five dollars a week. At the time of admission, the cost of maintenance must be paid in advance for six months, and a bond must be given as security for the prompt payment of all future expenses. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The county court appoints guardians of persons of unsound mind, settles accounts of guardians, and transacts all business appertaining to their estates. In all cases where an idiot or non compos mentis having no guardian is a defendant, the court must appoint a guardian ad litem and allow him a reasonable com- pensation for his services, which must be taxed as part of the costs of the suit. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE II. STERILIZATION 12. DEFECTIVE DELINQUENTS No feebleminded or epileptic girl may be committed to the girl's training school by the juvenile court. 13. CRIMINAL RESPONSIBILITY Persons laboring under defects of reason from disease of the mind who are not capable of knowing whether an act is right or wrong, and persons becoming deranged after conviction may not be pun- ished for an offense. Irresistible impulses to commit crime do not excuse the person from criminal liability. 207 UTAH Authorities: Compiled Laws of Utah, 1917 I. ADMINISTRATION AND SUPERVISION a. General. The state board of insanity, consisting of the gov- ^^!^ ernor, state treasurer, and auditor, has the supervision and control ^'hg of all feebleminded and epileptic persons confined in the state in- ssse. stitutions. The members of the board receive their traveling expenses. The board has the general control and management of 5389- the state mental hospital; it must hold monthly meetings at the hospital and must make a careful inspection of the institution at least once in three months. b. Institutional. There is no local board of trustees. The medical superintendent, who is appointed by the state board of in- superintend- sanity, must be a well-educated, experienced physician who has prac- ticed five years. With the approval of the board, he appoints all attendants and employees, fixes their compensation and has power to remove them. 2. CARE a. In special state institutions. There is no special institution for the feebleminded or the epileptic. b. In general state institutions. The state mental hospital at Prove cares for feebleminded and noninsane epileptics who are capable of mental improvement. c. In local institutions. The county commissioners, who are the overseers of the poor, are bound to provide for such feebleminded and epileptic persons as may not be received at the state hospital and may care for them at poor farms or other institutions. 3. COMMITMENT a. Persons committed. Feebleminded and noninsane epileptics ^«S"«°?™*«^ ^ ^ and noninsane who are Residents of the state, over ten years of age, and capable of ^'jll?*^^" mental improvement may be admitted to the state mental hospital ; 34". other feebleminded persons are not admitted. Nonresidents may not be supported in the state hospital but may be temporarily admitted. b. Legal procedure in commitment. Application for the ad-*'^^^""'" mission of feebleminded and noninsane epileptics is made to the 3384- superintendent of the state hospital, who must examine the ap- pHcation and submit it to the state board of insanity, which has authority to admit or reject the person. Application may be made by the guardian, parent or friend of the person, or by the UTAH 208 Hearing. 5415- Female attendant. 54"- By the court. S413. 5414. By the board. S4i6. chairman of the board of county commissioners of any county or a member thereof. c. Voluntary admission. (See 3. b.) d. Appeal from commitment. Upon an affidavit or other evidence that a patient in the hospital is not a proper person to be cared for at the hospital, the board of insanity must ask inquiry by the judge of the district in which the patient is held. The patient may be ordered discharged or detained by the court. If ordered detained, the person demanding the inquiry may be required to pay the costs. e. Cost of commitment. The cost of commitment is paid by the county from which the patient was sent unless he has estate sufficient to pay it. 4. CONVEYING PATIENTS TO THE INSTITUTION The sheriff or other person appointed to execute the warrant of the district judge must convey the patient to the hospital and dehver him, together with the copies of information, physicians' certificates and warrant, to the superintendent of the hospital. No female may be taken to the hospital without the attendance of some other female or relative. If any relative or immediate friend, who is suitable, shall request, he has the privilege of executing the warrant in pref- erence to the sheriff. 5. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS By order of the judge of the district court issuing the commitment, a patient may be returned to his relatives or friends. Application must be made to the judge, and satisfactory evidence produced that the patient will be given proper care. The apphcants must give bonds to the district court of the county. If subsequently it is brought to the knowledge of the judge that a person thus removed from the hospital is not properly cared for or is not fit to be at hberty, he may order the return of such person to the hospital; but no patient under a criminal charge or conviction may be discharged from the hospital without the order of the court having jurisdiction of the case. If it appears upon sufficient evidence that any patient in the hospital is unjustly deprived of his liberty or is not one who should receive care and treatment in the hospital, the board of insanity must request immediate inquiry by the district judge who may order his immediate discharge. When it becomes necessary for want of room or other cause to remove any patient, the superintendent must give notice to that effect to the several clerks of the district courts. Only harmless and incurable patients may be removed by the board of insanity. 209 UTAfi 7. COST OF MAINTENANCE The state pays the cost of maintaining all indigent patients. In fo|t'| ''^''' case a patient has sufficient means to pay any part of the cost of s4o8. maintenance at the hospital, the judge must appoint a guardian for 5*53- him. The immediate relatives of the person are liable for his support. Provision is made for the reimbursement of the state from the^«''°'2'7f<"' support. estate of persons and for the recovery of expenses of commitment 5417. and support in the case of nonindigent persons, for the appointment of a guardian under bond in the case of nonindigent persons who are committed, and for recovery from persons liable for the support of a relative. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The district court of a county may appoint a^°'j^^y guardian for any resident of the county who has been declared ment- p^aidians. ally incompetent to manage his property. Application may be made by any relative or friend. Persons who have been adjudged incompetent may be declared to Restoratior. be restored to capacity by the district court. Application may be made by any relative or friend of the person. If adjudged restored to capacity, the guardian may be dismissed. A guardian ad litem may be appointed by the court when an in-^""dianad competent person is a party to an action or proceedings. Applica- ^o"*- tion may be made by a relative, friend, or party to the action. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE Marriages of idiots or persons subject to epileptic fits are pro- p™'"''''^'!- hibited and are declared void. The provision does not apply to •'''•"!'• females over forty-five years who are epileptic. II. STERILIZATION 12. DEFECTIVE DELINQUENTS No idiot may be tried, sentenced, or punished for a pubhc offense. ^""^^3*''"" When an insane person (insane includes idiots, lunatics, and dis- p"""^"™®""- tracted persons) has escaped indictment or been acquitted on trial ^«5ijy^^^'j°j^^ by reason of insanity, the district judge of the county must act ina""!!"*- the case and may submit the matter to a jury. 9329. If the jury find the defendant insane, he must be committed to J^"^'™®''' the state mental hospital, provided, the court deems his freedom a hospitat menace to public quietude. 15 UTAH 210 procledings. '^^^ expenses of the . examination and sending of such persons? 9335- except convicts in the state prison, to and from the state mental hospital, are chargeable to the county from which they have been sent. But the county may recover from their estates, or from a relative legally bound to care for them, or from the county of which they may be resident. In the case of an indigent insane convict, the costs are borne by the state. 13. CRIMINAL RESPONSIBILITY tacjfabieof Idiots are not capable of committing crimes and cannot legally crime.^ be guilty of a criminal intent. All persons are presumed to possess prSmn'tionof Sufficient capacity to commit a crime, and the burden of overcoming Te'^ofca acity ^^^ presumption rests upon the defendant. The presumption must be overthrown by a preponderance of the evidence. The test as to capacity to commit crime is whether the defendant at the time of the offense had the mental capacity to know that in doing the act he was doing wrong. 211 VERMONT Authorities: General Laws of Vermont, 191 7 I. ADMINISTRATION AND SUPERVISION a. General. The board of control consists of the governor, Board of T p ... control. state treasurer, auditor of accounts, director of state institutions and g- l- a person appointed by the governor with the consent of the senate for a term of two years. The members receive their expenses while engaged in official business, except the member appointed by the governor who receives in addition eight dollars a day for the actual time spent in his official capacity. The board has power to examine each institution of the state and 659. 601. requires monthly reports from them. If the money appropriated for the support of an institution is not being properly expended, further expenditure may be prohibited. The board must hold monthly meetings at the capitol or elsewhere, and must annually, or as often as deemed proper, visit each institution under its control, inspect the management, hear complaints of the inmates, and direct changes, which must be made by the director of state institutions. The board must report biennially to the legislature. The governor may appoint a woman to accompany the board upon woman visitor, its visits for the purpose of inspecting and investigating ihe care of female inmates. The woman visitor receives five dollars a day and expenses while visiting institutions. The director of state institutions, who is appointed by the governor Director o£ ' ^^ JO state institu- with the consent of the senate for a term of two years, has the ''o°s- general care, control, and management of all the state institutions, including the Vermont state school for feebleminded children. 1447-50. He receives a salary of $3,000 a year and expenses, and devotes his entire time to the duties of his office. The director makes all needful rules and regulations for the government of the institutions, employs and removes at pleasure all physicians, teachers, clerks, and employees and fixes their compensation. He must visit the institutions as often as once a month, must make a yearly investigation of their accounts, and report biennially to the governor. b. Institutional. There are no local boards of trustees. 2. CARE a. In special state institutions. Vermont State School for Feebleminded Children, Brandon; estab- lished 1912; 171 beds. VERMONT 212 In institutions of.otlier states. '1439. "Persons between 5 and 3i"years of age. 1430-1. Order of admission. 1433- Application for admission. 1429-31- Hearing. Medical certificates. Commitment. Appeals and liabeas corpus. 1432. The governor is commissioner for ]the idiotic, feebleminded or epileptic children of indigent parents and must provide for them in institutions for the instruction of such children in this or other states, as he may select. All such children between the ages of 5 and 14 years must be annually reported by the county clerks to the governor. b. In general state institutions. Feebleminded and epileptic persons acquitted of crime are committed to the state hospital for the insane. c. In local institutions. 3. COMMITMENT a. Persons committed. Any indigent and needy children of the state between five and twenty-one years of age who may be considered proper subjects for the school and have no parents, guardians, or other persons able to provide for their education may be admitted as state charges; all other children having persons able or bound by law to support them may be received upon payment of the sums prescribed by the board. Children must be admitted in the following order: (1) Children supported by the state and confined in other institutions; (2) Children supported by others and confined in other institutions; (3) Children who are indigent and needy, and supported by the state; (4) Children who are supported by their parents, relatives, or friends. b. Legal procedure in commitment. The parents, guardian, or selectmen of the town may make application to the probate judge for the commitment of a child considered a proper subject for the school. The court must appoint a day for a hearing and give ten days' notice to the parent or guardian, if the application is made by the selectmen of the town. The certificates of two physicians who are graduates of legally organized and approved medical schools, stating that the child is a proper subject for the school, must be produced at the hearing. If the judge is of the opinion that the child ought to be committed, an order must be directed to the trustees, and the child must be received by them if there is room in the school. c. Voluntary admission. d. Appeal from commitment. An order of commitment is sub- ject to appeal in the same manner as in the appointment of guardians for persons alleged to be insane. No commitment may bar habeas corpus proceedings, but the court may upon such proceedings con- firm the order of commitment whenever justice requires. e. Cost of commitment. 213 VERMONT 4. CONVEYING PATIENTS TO THE INSTITUTION 5. TRANSFER OF PATIENTS Inmates of the state industrial school who are adjudged by the ^JjStriTi director of state institutions proper subjects for the state school for ^*°°|^ the feebleminded may be committed to the school upon the written certificates of two physicians. The inmates must be received into the school for the remainder of their commitment to the industrial school. 6. PAROLE AND DISCHARGE OF PATIENTS Any inmate of the school for the feebleminded may be discharged 1434- by order of the director of state institutions, or by a superior judge upon application and after proper hearing whenever further deten- tion in the school is unnecessary. Inmates under sentence, the time of which has not expired, who are ordered to be discharged must be returned to the industrial school and be subjected to the terms of the original sentence. Persons restrained of their liberty may prosecute a writ of habeas Habeas corpus, corpus and obtain relief if the restraint is unlawful. 7. COST OF MAINTENANCE Indigent and needy children are received as state charges. AUstateand other children must be maintained by their parents, guardians, or charges, kinsman bound by law to support them. Amounts prescribed by the director of state institutions must be paid or a bond given to insure payment. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The probate court may appoint guardians for pt"''*'* <=.""* ^ ^ -^^ ^ may appoint. persons mentally incapable of taking care of themselves or their 3659. property. Application must be made by relative, friend, or over- seer of the poor. Persons not minors who deem themselves unfitted by reason of mental disability to manage their affairs, may apply to the probate court for the appointment of a guardian. b. Community. (See 2. a. Governor as commissioner.) 9. SPECIAL EDUCATION 10. MARRIAGE The marriage contract may be annulled if at the time of the ^"'^ marriages marriage either party was an idiot. It may be decJared null upon 3549- the application of a relative or next friend of the idiot at any time during the life of either of the parties. II. STERILIZATION VERMONT 214 Committed to state hospital. 721S. 3554- M18. Persons not held for criminal acts. 73 Vt. 380. 77 Vt. 454. 74Vt.278. 12. DEFECTIVE DELINQUENTS The superintendent of the state hospital must receive all insane (which includes every idiot, non compos mentis, lunatic or distracted person) criminals ordered committed, for whom separate accommo- dations are provided. A person confined in the state prison or house of correction or a county jail for a specified time, or for life, who is an idiot may be removed to the state hospital only upon order of the governor after expert examination as to his idiocy, to remain until the expiration of the term for which he was committed. A prisoner who, at the expiration of his term of confinement in a penal institution, is an idiot, maybe removed to the state hospital; or if already there, may remain, at the expense of the state, until his residence is ascertained or some relative is ordered by the proper court to furnish his maintenance. 13. CRIMINAL RESPONSIBILITY If a person commits a criminal act at a time when his mental condition is such that he is unable to distinguish between right and wrong and is incapable of controlling himself and resisting the im- pulse, he cannot be held responsible for the act. The question of the determination of the mental condition at the time of the trial by a separate jury may be settled according to the discretion of the court. 215 VIRGINIA Authorities: Virginia Code, 1904 Supplement to the Code of Virginia 1910, 1916 I. ADMINISTRATION AND SUPERVISION a. General. The state board of charities and correction is^.o^f"' . chanties aud composed of five members, appointed by the governor for terms of |'>"^'=''"°- five years, subject to removal by him for cause. Failure to attend p-wt-^ at least one meeting during the year, unless excused, may be con- strued by the governor as a resignation of the nonattending member. The members receive their expenses incurred in the conducting of the business of the board. The board appoints an executive secretary and an assistant and their salaries are fixed by the legisla- ture. The duties of the board are strictly visitorial and advisory, with- *• out administration or executive powers. It must visit as a whole, ^^■ or by a committee or by its secretary, all state, county, municipal, and private charitable and correctional institutions at least once a year, but the hospitals for the insane must be visited as often as once in six months and by at least two members of the board. The board must collect and publish statistics in regard to the defective ■classes both in and out of institutions and make an annual report to the governor. The general board of directors, which has control and management ^o™Yo£ of all the state hospitals for the insane and the' colonies for the*^^^'"^- feebleminded and the epileptic, is composed of the special boards of j|^^- •directors of each of these institutions. Tiie members serve without salary. The board must hold one regular meeting each year at each of the institutions. It appoints the superintendents of all of the institutions under its jurisdiction and may remove them for cause. , The commissioner of state hospitals is appointed by the" governor commissioner 01 St3.t6 uOS" for a term of four years at a salary of 12,500 a year, $500 additional p'tai^- being allowed for travelling expenses. He is ex-officio chairman of the general and special boards of directors of the state hospitals for the insane and colonies for the feebleminded and the epileptic. The commissioner is responsible for the proper disbursement of all moneys appropriated or received for the maintenance of the institu- tions. He must be a skilled accountant and is required to establish a uniform system of keeping records and accounts, and to make annually to the governor a complete report of the business affairs VIRGINU 216 Boards of directors. Supp. 1910, p. 862. Supp. 1916. p. 832. p. 1000. Code. 1662. Superintend- ent. of each institution, with estimates of moneys needed and recom- mendations for their improvement and management. b. Institutional. The state epileptic colony, which maintains a separate colony for feebleminded white persons, and the Central state hospital for the negro insane, which maintains a separate colony for feebleminded negroes, are each managed by a special board of directors consisting of three members, appointed by the governor for terms of six years, and serving without compensation. The boards of directors are required to hold twelve regular meetings at their respective institutions during the year, and to make an annual report to the governor. They have authority to appoint, subject to the approval of the general board, for terms of four years several of the resident officers at their respective institutions; the compensa- tion of the officers so appointed is fixed by the legislature. The superintendent of each colony, who must be a skillful phy- sician, is appointed by the general board of directors for a term of four years and may be removed by.it for cause; his compensation is fixed by the legislature. He must make a quarterly report to the state board of charities and correction in such form as it may pre- scribe; also, to the auditor of public accounts regarding financial matters. The superintendent appoints all employees and some of the resident officers, may remove them, and fixes their compensa- tion, subject to the approval of his special board of directors. County in- stitutions. Supp. 1916, p. 1 1 88. 2. CARE a. In Special state institutions. Virginia State Epileptic Colony, Madison Heights; established 1910; 500 beds. (For whites only.) Virginia Colony for Feebleminded, Madison Heights; established 1912; 112 beds. (A^ separate department, for white persons only, of the state epileptic colony.) b. In general state institutions. A colony for the negro feeble- minded is maintained as a separate department at the Central state hospital for the negro insane at Petersburg. Feebleminded and epileptic persons acquitted of crime or excused from trial or indictment are committed to the departments for the criminal insane of the state hospitals and to the county or city farms. c. In local institutions. Persons who cannot be received into the state institutions may be provided for in the county poorhouses, which are under the management of the board of county supervisors. But no feebleminded woman of child-bearing age may be received as an inmate of any county institution. 217 VIRGINIA 3. COMMITMENT a. Persons committed. Feebleminded persons are those mentally ^j^^^i defective from birth or from an early age, so pronounced as to render p-^sa- them incapable of caring for themselves or managing their affairs, p-uSa- or of being taught to do so, and who are so unsafe and dangerous to themselves and others that they require care, supervision, and control. Feebleminded persons commonly known as "congenital idiots," that is, whose mentality is not beyond that of a normal child two years old, may not be admitted until a separate building is provided for them. The institution must keep in its employment some competent person trained in making approved mental tests. Indigent feebleminded white and black persons who are residents •'f''*' °' ^ ^ _ ^ ^ admission. of Virginia and are most likely to receive benefit from colony care p-^ss- and training, women of child-bearing age, from twelve to forty-five years of age, and children not under eight years of age, must first be received and admitted. White epileptic persons who are likely to be of the greatest service ^^^^^^JF^- to, or to receive benefit from the colony, must have priority of p-**3- admission. When the facilities of the colony permit, no white epileptic may be received into the state hospitals for the insane. b. Legal procedure in commitment. Any reputable citizen of the ^^^i state may file a petition in the circuit court of the county, corpora- supp- 1916, tion court of the city, or before a justice of the peace for the exam- ination and commitment of any resident of the state who is supposed to be feebleminded. The petition for admission and the order of commitment must be*'°i?°' ^ petition. prepared by the superintendents of the colonies for the feebleminded, p- "88- the secretary of the state board of charities and correction, and the p-'hSs. commissioner of the state hospitals for the insane. The petition must set forth under oath the circumstances indicating the feeble- mindedness the facts of the conditions and surroundings, the financial status of the alleged feebleminded person, and the name and financial condition of the person having his custody, control, or care. The judge or justice and two physicians, one of whom may be the '^^!™a*'o° family physician, and neither of whom may be related to the alleged p- "83. feebleminded person, constitute a commission to determine whether or not the person is feebleminded. The judge or justice must issue a warrant ordering the person brought before him and may summon proper witnesses. If the commission finds that the person is feebleminded and is not under proper supervision, care, or control, a written report setting forth the results of the examination together with their conclusions and recommendations must be filed with the VIRGINIA 218 Commitment. Copies of pro- ceedings. Test of mentality, p. 1 185. Courts must examine ^ persons ap- ^ pearing to be feebleminded. Supp. Z9i6« p. 1 186. EPILEPTICS. Supp. 1910, p. 863. p. 1669. Petition. Examination. Report. Care, after order of commitment. 1670. county or corporation court. The court or judge may commit the feebleminded person to the custody of the superintendent of the poor of the county or city pending admission into the colony. One copy of the proceedings must be sent to the state board of charities and two copies must be sent to the superintendent of the colony. The superintendent must receive the person into the colony as soon as there is room for his proper accommodation. The copies of the proceedings must be examined by the superintendent and returned to the court for correction if any errors are observed. Upon admission, the superintendent must cause the mental condi- tion of each person to be examined and have the person placed under observation for a period of not less than two months, during which time the person may be subjected to the Binet-Simon measur- ing scale for intelligence, or some other approved test of mentality. When a person is brought before any court for any purpose and it appears to the court that the person is feebleminded, the judge or justice must direct some officer or person to file a petition for ex- amination and may cause the person to be confined in an appropriate institution for observation.' Any county or corporation judge, or any justice of the peace, upon the written complaint or information of any respectable citizen, that a person is epileptic, must order the presence of the person, and summon two licensed and reputable physicians (one of whom must, when practicable, be the physician of the suspected person, but neither may in any manner be related to him or have an interest in his estate). The judge or justice and the two physicians constitute a commission to inquire whether the person is a suitable subject for treatment in the colony and for that purpose must summon witnesses. The physicians must, in the presence of the judge or justice (if practicable), by personal examination and by inquiry satisfy themselves and the judge or the justice as to the condition of the person examined. If the two physicians do not agree a third is to be summoned. The repoi't of the commission must consist of a statement with questions and answers prescribed by the law, and of any further information bearing on the epilepsy of the person being examined. The record of proceedings together with the warrant of commitment must be made in duplicate, one copy to be delivered to the sheriff or sergeant of the county or city, and the other to be filed in the office of the county. If the commission decides that the person is -epileptic and ought to be confined in a hospital, and as- certains that he is a citizen of the state, the judge or justice may order him confined in jail for a period not exceeding six days, pending conveyance to the colony, or may commit him to the custody of some responsible person, who must furnish security for his proper safe- 219 vrRomiA keeping without cost to the commonwealth until he is taken to the colony or discharged from custody. The sheriff must, on the same day that the person is ordered '^r^- committed, make application for admission to the epileptic colony, transmitting with the application a copy of the record of proceedings before the commission. As soon as the record of proceedings before the commission is filed in the office of the county clerk or clerk of the county court, the clerk must at once notify the commissioner of state hospitals giving the name, age, sex and color of the epileptic, the date of the finding-- of the commission, and the custody to which he was committed. If the person has been committed to jail, and remains there after six days from the date of the finding of the commission, the clerk must notify the commissioner of state hospitals. If the superintendent fails to send for any epileptic con- fined in jail within six days after his commitment thereto, the com- missioner of state hospitals must order the sheriff or sergeant in whose custody the person is to convey him to the colony. A person admitted to the colony must be detained until the ^'^j^™"^^^™ superintendent and his assistants have ample opportunity to observe 1*74- and examine him. If they are of the opinion that he is not epileptic, he must, unless he be charged with or convicted of crime, be re- turned to the county or city from which he was committed, with a certificate of discharge. c. Voluntary admission. The superintendents of the institutions ^^d^d caring for the feebleminded may, subject to the rules and regulations Supp^ 1916, established by the board of directors of state hospitals, admit any suitable person who is a legal resident of the state on the applica- tion of the parent or guardian. Persons thus received as voluntary patients may be detained as long as the superintendent and com- missioner of state hospitals and special board of directors deem advisable. Indigent patients may not be denied admission by reason of lack of accommodations when the room is occupied by voluntary patients. Superintendents must report all voluntary admissions to the commissioner of state hospitals and to their special boards of directors. Voluntary patients may be admitted to the colony for epileptics |pi^^ptics. upon application, if provision is made for maintenance and care and Pj^^a. for the expense of removal. d. Appeal from commitment. A person adjudged feebleminded by ^^^^^l^^^- the court or a justice, may appeal to the supreme court of appeals. e. Cost of commitment. The costs of the proceedings upon a^j^^^^ petition for determining feeblemindedness, and the expenses in- Supp- 1910, curred in commitment are paid by the county or corporation from which the person is sent. VIRGINIA 220 Superintend- ent sends attendant. Supp. 1916, p. 1184. Supp. 1910, 1673. ^Ve^i.'''^^''^' -^^^ expenses incurred in comnaitting a person to the colony for epileptics are paid by the county or corporation from which the person is sent. 4. CONVEYING PATIENTS TO THE INSTITUTION The superintendents of the colonies for the feebleminded and for the epileptic must forthwith send an attendant to conduct the person for whom application for admission has been made. Or, the superintendents may appoint some other suitable person for the purpose or may order the sheriff or sergeant of the county or city to convey him to the colony. As far as practicable, female attend- ants are sent from the colonies to convey female patients. The cost of conveying patients is paid from the funds appropriated for this purpose by the state. Before delivering a feebleminded person to the authorities of the colony, the sheriff, sergeant, overseer of the poor, or other person having charge of the feebleminded person must see that he is free from vermin or contagious disease. All persons must be successfully vaccinated against smallpox and properly clothed before they are admitted to the colony. The person must be delivered to the agent of the colony at the nearest and most convenient railroad station or steamboat landing at the expense of the county or corporation from which the person is committed. Upon receiving the feebleminded person, the superintendent of the institution must endorse upon the commitment papers the fact that the person has been received and the name of the person making the conveyance. The person making the delivery must endorse the fact of delivery upon the papers. One copy of the commitment papers must be sent to the clerk of the courts from which commit- ment was made, and the other copy must be kept by the superintend- ent of the colony. 5. TRANSFER OF PATIENTS Feebleminded persons who are found to be insane and insane persons who are found to be feebleminded, may be ordered trans- ferred to the proper institution upon the petition to the superintend- ent of any citizen. Transfers of epileptics may be made from the insane hospitals by the general board of directors of the epileptic colony. Duties of attendant. Supp. 1916, p. 11S4. Delivery to the agent. Duties of superintend- ent, p. ii8s. FEEBLE- MINDED. I. 1 187. EPILEPTICS. Supp. 1910, p. 863. Parole. Supp. 191 6, p. 1 187. Supp. 1910, 1688. 6. PAROLE AND DISCHARGE OF PATIENTS The superintendents of the colonies for the feebleminded and the epileptic must in suitable cases grant furloughs to patients for such time as, in their judgment, may benefit them; but all costs of re- moval for furloughs must be paid by the patients or friends, if able to do so. 221 vmomiA Feebleminded or epileptic persons confined in the colonies naay Habeas corpus, test the legality of their detention by means of a writ of habeas corpus. The superintendents of the colonies or the person having custody of the inmate must be notified of the time and place of hearing, upon any petition for the reipoval of the person from custody, or for variations of the order of commitment. If the superintendent of the colony causes the mental condition of ^fj^^^ a patient to be examined, and it is determined that the person is not supp^.^1916, feebldminded and not a suitable patient for treatment in the colony, the patient must be returned to the city, county, or institution from which commitment was made. When an epileptic person confined in the colony or jail is restored Ipi^-^p^ics. to his normal mental state, the superintendent or the court must '^^s. discharge him and give him a certificate of discharge. 7. COST OF MAINTENANCE The expense of supporting persons committed to the colonies forf^^^^''^'^* the feebleminded and for the epileptic is paid out of the state sj,pp^°pj6_ treasury upon the order of the commissioner of hospitals. But ^;Jigg; when the persons have sufficient estate and have no kin, husband, wife, or child dependent on them, it must be apphed to the expenses. Voluntary patients are maintained at their own expense or at the expense of friends or relatives. The commission or court ordering the person to be confined must°'Jg°'"'^ cause a certificate of his estate, or, if the person be a married woman ^"''^p,'.'"'' or infant who is not an orphan, of the estate of the husband and any separate estate of the wife, or estate of the parent, and also of the probable annual profits of such estate, to be sent to the directors of the colony, and to the next court or corporation of which the person is an inhabitant. 8. GUARDIANSHIP AND SUPERVISION a. Personal. If a person is found to be epileptic by a judge orappo^i™^ justice of the peace, or in a court in which the person is charged with '"^^^ a crime, the court of the county or corporation in which the person is an inhabitant must appoint a committee for the person. A commission which has declared a person to be feebleminded ®"^.';/£J*' may apply to the county or corporation court for the appointment of a guardian or committee of the person. A guardian ad litem may be appointed by the court for all persons utem.'''*° ** who are unable to contest proceedings in court. ^^^^' b. Community. 9. SPECIAL EDUCATION Children in the colonies for the feebleminded who are of school pr^^ded.'^ age are enumerated in the school census of the district and county ^"p.'ssT*' VIRGINU 222 in which the colony is located, and an appropriation proportioned to the population is made for the support of the school of the colonies. The teachers of the school are required to present such evidence of fitness and qualifications as may be specified by the superintendent of the schools of the county. 10. MARRIAGE ^"msT'"*^*'^' ^^^ marriages solemnized when either of the parties were incapable fronl physical causes of entering into the marriage, are void from the time they are so declared by a decree of divorce or nullity. II. STERILIZATION 12. DEFECTIVE DELINQUENTS Provision is made for the care of insane persons (insane includes idiots) convicted of or acquitted of crimes. When a person is confined in a jail as insane, the jailer must certify the fact to the court of the county or corporation at its next ensuing term, and the court must have the person examined by two disinterested persons, and thereupon make such provision for his maintenance and care as his situation requires. The court in whose jail any insane person is confined may contract with some fit person for the maintenance and care of such person out of the jail until he can be received into a hospital. When any person charged with a crime appears to be an idiot or deranged person, the court may cause an examination to be made, and may order the person to be detained in a place of safety, or be placed under the guardianship of some suitable person, or committed to the department of the criminal insane at the appropriate institu- tion, or to a county or city farm. The superintendent must cause the mental condition of the person to be examined, and may place the person under special observation or cause the Binet-Simon measuring scale for intelligence or some approved test of mentality to be applied. The results of the investigation must be reported to the court. Persons excused from trial or acquitted of a criminal charge by reason of mental defects must be committed to the proper institu- tions. 13. CRIMINAL RESPONSIBILITY All persons are presumed to have sufficient capacity to be re- sponsible for crime. Persons not possessed v>i mental power suf- ficient to know that an act is right or wrong may not be held re- sponsible for criminal acts. The mental incapacity must be proven by a preponderance of the evidence. The issue may be tried before a special jury or before the jury impanelled for the determination of the guilt, subject to the discretion of the court. Persons confined in jail must be certified to the court. 1692. 1693. Persons charged with crime. Supp. 1916, p. 1 168. Persons excused or acquitted. 4030. 4035. Not responsible for criminal acts. 33 Grat. 807. 75Va.867. Trial of the issue. 92 Va. 780. 223 WASHINGTON Authorities: Bollinger's Codes and Statutes of Washington, 1916 Laws of 1917 I. ADMINISTRATION AND SUPERVISION a. General. The state board of control consists of three citizens ^°^^°^ of the state, no more than two of whom may belong to the dominant ^-g- political party, appointed by the governor for six years, and remov- able at his discretion. Each member of the board receives a salary of $3,000 per annum, and necessary expenses. The board of control has full power to manage and govern the ^^^l^oj various state institutions, including the state school for the feeble- c'>^64. minded. Meetings must be held at the institutions at least once 8933,8935. 8939,8944. m three months; and the management of all departments and instituti6ns must be investigated at each meeting. The rules, regulations, and the records of the institutions are prescribed by the board, which also determines the number of assistants at the in- stitutions and their compensation. A biennial report must be made to the governor. b. Institutional. There are no local boards of trustees. The „ ^sso. Supermtend- superintendent of the institution for the feebleminded is appointed ™*- by the state board of control and receives a salary, fixed by the board, which must not exceed $1200 per annum. He must be a practicing physician and have been licensed for not less than three years. The superintendent appoints the assistants and attendants *936. required for the management of the school and may remove them at his pleasure. Causes for removal must be reported to the board and may be investigated by it. 2. CARE a. In special state institutions. State Custodial School, Medical Lake; established 1892; 600 beds. b. In general state institutiong. Feebleminded and epileptic "''^• persons acquitted of crime by reason of mental irresponsibility are committed to the criminal insane department of the Eastern state hospital for the insane, also located at Medical Lake. c. In local institutions. 3. COMMITMENT a. Classes committed. Residents of the state under twenty-one ^^='<'^°'=^* ^ nonresidents. years of age who are feebleminded, idiotic, epileptic, or physically 4399-2. defective to such an extent as to prevent them from being educated in the common schools, and who are free from loathsome disease WASHINGTON 224 Segregation of idiots and epileptics. Feebleminded adults. 4399-9- Applications. 4399-3- 4399-2- 4300-3. School clerks to report defectives, 4399-5- 4399-6. I Persons excused from attendance. 4403- must be admitted to the state institution for the feebleminded. Nonresidents may be admitted upon agreement of the parents or guardian to pay the cost of maintenance. The buildings of the institution must be in two groups so that the children who are idiotic, epileptic, or afflicted in any particular that renders them unfitted for companionship with other children shall be segregated and provided with suitable accommodations and care in separate wards or buildings. Feebleminded adults under fifty years of age who are of such inoffensive habits as to make them proper subjects for the school may be admitted under the procedure governing admission to the hospitals for the insane. No insane persons or those who are proper subjects for county poor farms may be admitted. b. Legal procedure in commitment. The forms of application and rules for admission are prescribed by the board of control. Application for admission may be made by the father, mother, guardian, superintendent of the institution, county superintendent of schools, or by the juvenile courts. The application must be made under oath. The county superintendent of schools is author- ized to administer oaths in such cases and must cause application to be made for admission of children who are proper subjects for care in the institution. All applications for admission of defectives under twenty-one years of age except those committed by the juvenile court, must be made through the county superintendent of schools. The school clerks of all school districts must report to the school superintendent the names and addresses of all feebleminded youths in their districts who are under the age of twenty-one years. The county superintendent must report the names to the county com- missioners, the board of control, and the superintendent of the in- stitution for the feebleminded. When the applicationf or admission is accepted, the superintendent of the institution notifies the parents or guardian to send the defective, and the defective must be sent to the institution by them. The superintendent of the schools must take all action necessary to enforce this provision . Defective youths who are being properly educated at home or in some suitable institution may not be required to be committed to the state institution for the feebleminded. c. Voluntary admission. Any parent or guardian may enter a child into the state institution for the feebleminded under the rules prescribed by the state board of control upon payment of all ex- penses of care and maintenance. d. Appeal from commitment. (See 6. Parole and discharge; habeas corpus.) e. Cost of commitment. 225 WASHINGTON 4. CONVEYING PATIENTS TO THE INSTITUTION It is the duty of the parents or guardian of defective youths to p*''^"*^ °»"s' send them to the state institution for the feebleminded upon notifica- possible 4399-0. tion by the superintendent that application for admission has been 4404^ accepted. If the county commissioners are satisfied that the parents are unable to do this, conveyance must be made by them at the expense of the county. 5. TRANSFER OF PATIENTS 6. PAROLE AND DISCHARGE OF PATIENTS Inmates of the state institution for the feebleminded who arrive S^er'Smjorify. at the age of twenty-one years and who are unfit to be discharged '*'''"*• must be reported to the superior court. If the court finds them proper subjects for institutional care, an order of commitment to the institution may be made. The superintendent of the institution must detain inmates until f^™^."* ^ detention. satisfied that they are in normal condition and safe and competent 4399-10. to be at large, or that they can receive proper care and education at the home of relatives or in some other institution. In such cases discharges may be granted. Permits to visit their homes may be Discharges o ^ ^ -^ and permits to granted to the inmates upon the application of parents or guardians ™" homes, which has been approved by the county superintendent of schools. Any person restrained of liberty under any pretense whatever, habeas corpus, may prosecute a writ of habeas corpus. Parents or guardians may '°^4- prosecute writs for infants and wards. 7. COST OF MAINTENANCE Inmates of the state institution for the feebleminded who are^.^'^^y^^^ state. residents of the state, and are under twenty-one years of age are 4399-2. supported by the state. If not otherwise provided, the superin- tendent of the institution must supply the inmates with clothing, the cost of which must be charged to the parents or guardian. If they are unable to make payment for the clothing, payment must be made by the state. The officer recommending commitment must state whether the person has an estate of sufficient value, or a parent of sufficient financial ability to defray the cost of the cloth- ing. Actions to charge the estate or parent of the inmate may be brought in the courts. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The superior courts in the counties may appoint coi^mar guardians to take the care, custody, and management of all idiots '^S4- who are incapable of conducting their own affairs. WASHINGTON 226 Marriages prohibited, 7152- Divorce, Laws 1917, Ch. 106. ut'^'"^^'"* Guardians ad litem may be appointed by the court upon the i88- motion of the court or upon the petition of a relative or party to the action. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE No woman under the age of forty-five years, or man of any age, unless he marry a woman over the age of forty-five years, either of whom is an epileptic, imbecile, feebleminded, or idiotic person, may marry any person in the state. Divorce may be granted by the court in cases where either party has been suffering from mental disease for ten years or more. II. STERILIZATION 12. DEFECTIVE DELINQUENTS Persons excused from indictment or acquitted of an offense by reason of mental irresponsibility may be committed to the hospital for the criminal insane. Any person committed to the department for criminal insane must not be discharged from the custody of the warden except upon the order of a court of competent jurisdiction made after a trial and judgment of discharge. 13. CRIMINAL RESPONSIBILITY Persons who are in such a mental condition as to be unable to . comprehend the nature of the act at the time of the commission. How pleaded, may not be held liable for a criminal act. The defense must be 2174. "^ Special verdict interposed at the time of pleading to the information or indictment. or acquittal. ^ . 2IV5- If evidence upon the plea be given, the court must instruct the jury to give the following information in case of acquittal of the charge: (a) whether the defendant committed the crime; (b) whether the defendant is acquitted because of mental irresponsibility; (c) whether the mental irresponsibility exists at the time of the trial; (d) and, if the condition of mental irresponsibility does not exist at the time of trial, is there likehhood of a relapse or recurrence. Persons excused from indictment or acquitted. 2176. 5979- Order of discharge. 5977.) 60 Wash. 106. 22S9. 227 WEST VIRGINIA Authorities: West Virginia Code, 1913 Acts of 1915, 1916 I. ADMINISTRATION AND SUPERVISION a. General. The board of control is composed of three members f°^if chosen from the two largest political parties., not more than two of *J'^°*Jf's= whom at the time of appointment may belong to the dominant party. The members are appointed by the governor with the consent of the senate for terms of six years, and maybe removed by the governor for just cause. Each member recieves a salary of $5,000 a year and is required to give his entire time to the supervision of the public institutions under the control of the board. The board has full power to manage, direct, control, and govern '^"g*^ the institutions under its supervision. The board or one of its *^*^°* g*"^' . Code. S99- members must visit each institution as often as may be necessary; a thorough investigation must be made of all parts of the institution upon each visit and witnesses may be examined. The board may investigate the conduct and recommend to the governor the removal of any employee of any institution under its control. Biennial reports must be made to the governor. b. Institutional. There are no local boards of trustees. The f^jP"""'™^" superintendent of the state hospital for the insane, to which epilep- i,^3ot ,916 tics and idiots are admitted, is appointed by the governor with the ^^- '• "*• consent of the senate and may be removed by the governor with the consent of the senate for cause. The superintendent appoints and removes the employees of the hospital, the number of which ir fixed by the board of control. The salary of the superintendent and all other employees is fixed by the board. 2. CARE a. In special state institutions. There is no special institution for the fee'bleminded or the epileptic. b. In general state institutions. The Huntington state hospital for the insane, at Huntington, cares for feebleminded and epileptic persons. c. In local institutions. Idiots and epileptics may be confined in jails by order of the circuit court of the county, provided admission to a state hospital has been refused. WEST VIRGINIA 228 Epileptics, idiots, and other defect- ives. Code. 3380. 3381. 3389. Petition for admission. 3382. Bearing. Order of commitment. 3383. Petition, and action oOhe court. 3382. Paid.TjyJhe county. 3391. 3. COMMITMENT a. Persons committed. Residents of the state who are epileptics or idiots, or such other incurable mental defectives as may be deemed eligible by the board of control, may be admitted to the Huntington state hospital. But in no case may tubercular, cancerous, or leprous persons be admitted. Persons not charges upon the county may be admitted upon payment of cost of maintenance if this ad- mission does not exclude charity patients. Separate wards for males and females must be maintained. b. Legal procedure in commitment. Persons entitled to ad- mission to the Huntington state hospital may be committed upon petition to the county court by the parent, guardian, or other person having his control or custody. A guardian ad litem must be appointed for the person and notice of the hearing must be given. The court must hear all evidence offered and take all proper steps to ascertain whether the person must be sent to the hospital. Orders of commitment must be given to the clerk of the court, who must send a copy to the superintendent of the hospital. When there is room for the patient, he must be sent at once to the hospital, but must not be admitted until he has been examined by the super- intendent, one of the directors, and such assistants as may be called into consultation, and found to be a proper subject to be received. Persons not received into the hospital are returned at the expense of the county. c. Voluntary admission. Persons desiring to enter the hospital may file an application with the state board, asking to be admitted, which must be accompanied by a certificate stating that the person has been examined and is a proper subject for admission. The state board may admit him for treatment upon such terms or conditions as it may deem proper. d. Appeal from commitment. (See 6. Parole and discharge: habeas corpus.) e. Cost of commitment. The compensation of the physicians and witnesses employed in the examination made upon application for admission to the hospital must be prescribed by the county court and paid out of the county treasury. Court directs. 3383. 4. CONVEYING PATIENTS TO THE INSTITUTION The court must direct the conveyance of the applicant to the hospital, and the cost must be paid by the county. When an attendant is sent from the state hospital to bring in a person com- mitted thereto, the expense incurred must be paid out of the state treasury. 229 WEST VIRGINIA 5. TRANSFER OF PATIENTS The state board of control may transfer any patient or inmate ^y^^^e^^o"'* from any state institution, except the penitentiary, to any other Laws^ieis, state institution which is better fitted for the care or treatment of the patient, or for other causes or reasons. The governor may transfer patients from one state hospital toBy'i»« another when he deems the transfer necessary. But the board must code^^ so regulate the rules that each county will have its pro rata number of patients in the hospitals, except when the number is exceeded or lessened by the direction of the governor. 6. PAROLE AND DISCHARGE OF PATIENTS Whenever the board of control finds that any patient in the ^^"^^of^^ hospital has recovered from his disability, or that the patient will not order discharge, submit to the rules of government, the patient may be discharged. If a discharge is ordered by reason of failure to submit to the rules of government, the patient must be returned to the county from which commitment was made. A voluntary patient may be discharged by the superintendent Vo^'^n^ry because he is cured or because further treatment is unnecessary or undesirable; he may leave the hospital at any time by giving five days notice, provided the superintendent believes it prudent for him to be at large. The writ of habeas corpus must be granted by the supreme court Habeasicorpus. of appeals or the circuit court to a person who by himself or by some one in his behalf applies by petition, showing evidence that he is detained without lawfuU authority. 7. COST OF MAINTENANCE The cost of maintaining the hospitals is paid out of the state treas- bSMd'b^tiie ury, but every county must refund to the state fifty dollars per™""!^- aimum for the maintenance of all epileptics, idiots, imbeciles, or other incurable mental defectives committed from the county, except those who are able to pay the expense of maintenance, or have some one liable for their support. The amount due the state must be placed in the county tax funds and raised by tax levy. Suits to compel payment by persons liable for the support of ^^j^^^'^ ^ inmates may be maintained by the prosecuting attorney of the'=°™|^- county. 3384. Persons able to pay the costs of their maintenance are admitted Pa''«°*s aWe . . , to pay. upon such terms, conditions and security as may be prescribed by sass. the board. WEST VmOINLA. 230 Court may appoint. 1536. 3382, All presumed to be capable of crime. 28 W. Va. 297. 38W.Va. 729. Degree of proof, n W. Va. 745, Irfesistible i mpulse, 36 W. Va. 729. 8. GUARDIANSHIP AND SUPERVISION a. Personal. The county courts through their clerks have power to appoint guardians. A guardian ad litem must be appointed in proceedings for commitment. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE II. STERILIZATION 12. DEFECTIVE DELINQUENTS 13. CRIMINAL RESPONSIBILITY The presumption is that all persons are of sufficient capacity to be responsible for crime. Any person setting up incapacity as a defense must establish it. Persons having sufficient power of mind at the time of the commission of an act to know the consequences of their acts and to distinguish between right and wrong are held responsible for their criminal acts. The defense must be established by a preponderance of the evidence. A reasonable doubt as to capacity does not justify an acquittal. An irresistible impulse is no defense if the person has sufficient power of mind to know right from wrong and the nature and •character of the act. 231 WISCONSIN Authorities: Wisconsin Statutes, 1915 Laws of 1917 I. ADMINISTRATION AND SUPERVISION a. General. The state board of control is composed of five mem- ^^*°' bers: one must be a woman; no two may be residents of the same^*^^*®^- congressional district; and not all of them may be of the same po- litical party at the time of appointment. The members are ap- pointed by the governor with the consent of the senate for terms of five years and must devote their entire time to the duties of their officers. Each receives a salary of $2,500 a year; except the presi- dent, who receives $3,600. The board has complete control and supervision of all state ssjd. penal and charitable institutions, including the two homes for the feebleminded. It appoints the superintendents of the institutions, prescribes the number subordinate officers, fixes their compensation and may remove them for cause. Regular meetings must be held 5|j^ for the transaction of business, and visits and inspections of each institution under its control must be made at least once a month. The board must investigate all complaints against the institutions ^|||-^ and officers, and must make a biennial examination of the accounts of the institutions and report the findings to the governor and the legislature. The governor must appoint a committee from the members of the ^^^^f^J^ legislature for the purpose of visiting all of the state penal, ref orma- 562 b tory, and charitable institutions. Whenever the governor wishes to have other investigations made, he may appoint a suitable person to make and report findings. b. Institutional. The superintendents of the two homes for the superintend- f eebleminded are appointed annually by the board of control. Their ^fiii^^ salaries are determined by the board. The superintendent of each 5|j«- home has the immediate supervision and internal administration of s^^. the institution. He must cause daily records of the inmates to be kept and must report monthly to the board of control. 2. CARE a. In special state institutions. Southern Wisconsin Home for the Feebleminded and the Epileptic, Union Grove ; established 1913 ; 300 beds. (Under construction.) Wisconsin Home for Feebleminded, Chippewa Falls; estabUshed 1895; 1,160 beds. b. In general state institutions. WISCONSIN 2-6'Z County asylums, 5V3 j-i 604a. 564. Residents of the state. 3731- 573 w. 2. Departments. 5730. Application for commitment. S73l. 58s. 573s. Examination. Procedure upon failure to give notice. 585a. Jury trial, b. Confinement of patient prior to commitment. 586. c. In local institutions. The county asylums care for feeble- minded persons whenever the state homes for the feebleminded are filled to their capacity. The county asylums are controlled by boards of trustees elected by the county boards, and are subject to inspection by the state board of control at least once every three months. 3. COMMITMENT a. Persons committed. The state homes for the feebleminded care for the feebleminded, epileptic, and idiotic residents of the state and other persons found in the state whose residence cannot be ascertained. The homes are divided into departments as follows: a school department for the grades and classes capable of being educated; a custodial department for the helpless and lower types; and such other departments and colonies as the welfare of the inmates may require. b. Legal procedure in commitment. Written application for the commitment of a person supposed to be feebleminded, epileptic, or idiotic may be made to the court by any three respectable citizens or by the supervisors of the town. The judge must cause the person to be brought before him and examined by two disinterested physicians who are graduates of a legally incorporated medical school and who have had at least two years' experience in the practice of their profession. The physicians must give notice of the examination to the person after he is brought to court; the results of the examination must be reported to the court, and must be forwarded with the commitment to the home for the feebleminded. If the notice provided for was not given to the person, the judge may appoint a time and place for hearing the application, and must serve such notice. If notice is ordered, and no jury trial awarded, the judge may proceed at the time and place specified in the notices or, if no notice is ordered then after receiving the report of the physicians, he may make such further investigation of the case a; may seem to him necessary, and may order the person committed to the home. If demanded by the person or by any one acting in his behalf before or after commitment, the judge must summon a jury to try the case in the presence of the person and his counsel and immediate friends and the medical witnesses. All other persons are excluded. If the jury or judge find that the person is a fit subject to be sent to the home the judge must order him committed. On receipt of an application for the commitment of a person or the report of physicians, the judge may require the sheriff to confine him in some specified place until further proceedings can be had. The 233 WISCONSIN judge may also order the detention of any person for proper medical observation. But no person may be confined in a jail or other prison for confinement of criminals or any poorhouse, unless it ap- pears to the judge that such confinement is essential to the safety of the person or that of the public, and the period of confinement must not exceed ten days, unless otherwise ordered by the judge. The county board of any county is authorized to provide suitable •buildings for the purpose of temporary detention. c. Voluntary admission. A person who may be suffering from 587a. mental disorder, may, upon his written application stating his mental condition, supported by the certificate of at least two physicians possessing the qualifications prescribed by law, based upon personal examination of him, be admitted as a voluntary patient to any public hospital for the insane, in the discretion of the superintendent. A person, so admitted to either of the state hospitals, if not indigent, must pay such sum for his maintenance as the state board of control may direct, and no charge for his maintenance may be made against any county; if so admitted to any other public institution for the insane, if not indigent, the trustees thereof fix the compensation to be paid. Voluntary patients have the right to leave the hospital at any time if in the judgment of the superintendent they are in fit condition, on giving five days' notice of their desire to do so. d. Appeal from commitment. On his own verified petition or^'^^^^"' that of his guardian or some relative or friend, a person detained ^sv. may have a re-trial or re-examination before the judge of the circuit court or county court or any other court of record in the county in which he resides or in which he was committed. The judge re- ceiving the petition must order two qualified physicians (sec 585) to examine him and report, fix the time and place of examination and give reasonable notice to the guardian of the person to be examined, and to the superintendent of the hospital or asylum in which he may be detained, all of whom may appear and offer testimony at the examination. e. Cost of commitment. All expenses of the proceedings, whether fomt^!""^ the persons are residents or nonresidents, must be paid by the county. ^^ ^■ If the person committed is a resident of another county, reimburse- ^'^ "• ment must be made to the county from which commitment was made. Disputed residences are determined by the board of control and subject to appeal to the circuit or supreme courts. 4. CONVEYING PATIENTS TO THE INSTITUTION The warrant of the court may be executed by a relative or friend ^ff^l ■' ■' attend of the patient if competent, otherwise by the sheriff. Every female *<"' WISCONSIN 234 By the board of control. S6i ij- 573 P- j-l. Transfers by the court. 584. By the board of control . 573 p. 561 ji- By the superintendent. 573 r. Habeas corpus. 3407. Charged to the counties. 573,1. When state is liable. 573 j-2. S85e. over ten years of age must be accompanied bj' a competent female attendant. 5. TRANSFER OF PATIENTS The board of control, acting as a commission of lunacy, may, with the consent of the governor and after reasonable notice to the court by which commitment was made, transfer inmates of any state charitable, reformatory, or penal institution who are found to be feebleminded, epileptic, or idiotic, except those awaiting trial or sentence for a felony, to the homes for the feebleminded. Epileptics who become insane may be transferred to a state hospital, but no epileptic may be transferred to a poorhouse, The expense of the transfer must be paid by the county from which commitment was made. Whenever the homes for the feebleminded are filled to their capacity, persons committed to them may be transferred to the asylums of the county from which commitment was made. Persons confined in any institution who are awaiting trial or sentence may not be transferred except upon the order of the court making commitment. 6. PAROLE AND DISCHARGE OF INMATES The board of control makes all necessary rules and regulations relating to the temporary or final discharge of all inmates. When acting as a commission of lunacy, the board may order the discharge of any inmate except those held in confinement by an order of the court made in criminal proceedings. Notice of all orders of dis- charge must be given to the superintendents of the homes and a reasonable time allowed for them to justify further detention. The superintendent of the homes may, with the consent of the board of control, discharge inmates. In case any person is sent to the home as a result of an error in diagnosis of his disease, he may be returned to the county from which commitment was made at the expense of the county. Every person restrained of liberty may prosecute a writ of habeas corpus. 7. COST OF MAINTENANCE The board of control must file a yearly statement of the number of inmates from each county. The county is charged $1.75 a week for the support and 130 a year for the clothing of each inmate. The amount due must be placed upon the county tax levy. Persons transferred to the county asylums from the homes for the feebleminded are maintained by the state but not until five days after the commitment papers have been filed with the board of control. 235 WISCONSIN The relatives, friends, or guardians of any person committed may ^"^""^Jrt'*'^ pay for his maintenance or clothing if they desire, or the relatives 573 1- or guardian may be required to pay to the county any sums ex- pended for maintenance. 8. GUARDIANSHIP AND SUPERVISION a. Personal. Persons incapable of takina; care of themselves may ^"'"'■.' °^y -^ ° ^ appoint. have a guardian appointed for them by the court upon the petition of 3977- a relative or friend. b. Community. 9. SPECIAL EDUCATION 10. MARRIAGE No man and woman, either of whom is mentally imbecile, feeble- ^^^^^^l minded or epileptic may intermarry. Any person uniting in mar- 45931H. riage or assisting any one in violating the act is guilty of a misde- meanor. II. STERILIZATION The board of control may from time to time appoint one surgeon P^^^J^*''""'* and one alienist of recognized ability who, in conjunction with the 561 jm. superintendents of the state and county institutions that have charge of the feebleminded and epileptic, must examine the mental and physical condition of the inmates and report their condition to the board of control. A suitable operation may be performed if the board considers that procreation is inadvisable. Thirty days' notice Notice. in writing must be given the husband, wife, parent, guardian, or person with whom the inmate last resided. 12. DEFECTIVE DELINQUENTS All persons confined in any charitable, reformatory, or penalCo^edmthe institution who are found to be epileptic or idiotic upon examination *^^^i^«'?™