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2015CITY OF NEW YORK
Laws Relating

TO

Public Intoxication and
Inebriety

Chapters 551 and 659, Laws of 1910
(Including Amendments)

Revised to March 15th, 1913

BOARD OF INEBRIETY
New York CityCITY OF NEW YORK
Laws Relating

TO

jr

Public Intoxication and
Inebriety

Chapters 551 and 659, Laws of 1910
(Including Amendments)

Revised to March 15th, 1913

BOARD OF INEBRIETY
New York GityExcerpt from the Law
Authorizing the Establishment of a Board of Inebriety

and a

Hospital and Industrial Colony for Inebriates
by the City of New York

Chap. 55 1

Laws of New York, 1910

AN ACT to amend the greater New York Charter, in relation to the

treatment of public intoxication and inebriety.

Became a law June 20, 1910, with the approval of the Governor. Passed, three-
fifths being present. Accepted by the City.

The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

Section I. Chapter thirteen of the Greater New York charter, as
re-enacted by chapter four hundred and sixty-six of the laws of nineteen
hundred and one, is hereby amended by adding thereto a new title, to foe
title three thereof, which shall contain a new section, to be section six
hundred and ninety-three thereof, to read as follows:

TITLE III.

BOARD OF INEBRIETY.

§ 693. 1. The board of estimate and apportionment of the city of
New York may by resolution determine that there shall be in the said
city a board of inebriety. When the board of estimate and apportionment
shall have so determined by resolution the mayor of the city of New York
shall appoint in the manner hereinafter provided a 'board of inebriety.
This board shall consist of seven members, five of whom, hereinafter
known as the appointive members, shall be appointed by the mayor, and
two of whom shall be physicians. The commissioner of public charities
and the commissioner of correction shall be ex-officio members of the
•said board. One of the appointive members of the board shall be ap-
pointed for one year, one for two years, one for three years, one for four
years, and oqe for five years. Upon the expiration of the term of office
of a member of the board, the mayor shall appoint his successor for the
term of five years. The mayor shall fill any vacancy in the iboard caused
by the death or removal from the city of a member other than the com-

2•, r , <r f

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missioner of public charities and the commissioner of correction, by the
appointment of a person for the remainder of the term of such member.
The members of the board shall serve without pay. No member shall be
interested directly or indirectly in the furnishing or performing of work,
labor, services, materials or supplies of any kind to or for the board.

2.	In appointing members of the board of inebriety, the mayor shall
call upon the president or other executive head of each of the following
organizations: The United Hebrew Charities of the City of New York,
the Particular Councils of New York and Brooklyn of the Society of Saint
Vincent de Paul, the New York Association for Improving the Condition
of the Poor and the Brooklyn Bureau of Charities to present a list of not
less than twice the number of persons to be appointed members of said
board of inebriety, to fill a vacancy or otherwise. Notice in writing of the
dates on which appointments, including the first, to the board are pro-
posed to be made shall be given by the mayor to each of said presidents
or other executive heads at least ten days.prior thereto, and such list of
names shall ibe so presented within ten days after the receipt of such notice.
Said presidents or other executive heads may each submit, or two or more
of them may jointly present, such a list of names. Appointments to the
board may, in the discretion of the mayor, be made from such list or lists.

3.	The board shall appoint a chief executive officer who shall be its
secretary, and shall appoint such number of field officers, clerks and other
employees as its work may require and as the board of estimate and ap-
portionment may authorize. It shall exercise general control over the
work of such secretary, field officers, clerks and ojther employees.

4.	The board shall maintain a central office for the boroughs of Man-
hattan and The Bronx, and a central office for the boroughs of Richmond,
Brooklyn and Queens, each of which offices shall ibfc always open, Sundays
and holidays included. It shall maintain at each such office a central

' bureau of records of males arrested for public intoxication within the

? boroughs assigned to such office.

^ 5. The board shall, with the approval of the board of estimate and
apportionment, acquire by purchase or condemnation a site, suitable for a
^ hospital and industrial colony for the care and treatment of inebriates,
and shall establish, equip and maintain a hospital and industrial colony
thereon. The hospital and industrial colony may be within or without
city of New York. It shall provide for the care, treatment and occu-
^pation of inebriates in accordance with methods approved by medical
science. If the hospital and industrial colony be located without the city
the board may, with the approval of the board of estimate and apportion-
ment, establish a reception hospital within the city.

6. Whenever, after the board of inebriety shall have been appointed
and shall have certified in writing to the mayor that the hospital and indus-
trial colony of said board is ready to receive inmates, a male person shail
be arrested for public intoxication, the fact of such arrest and the name
J£2and address of the person arrested, if it can readily ibe ascertained, shall
be reported forthwith by telephone or otherwise to the office of the board
for the borough in which the arrest is made by the person in charge of
the station house to which the arrested person is taken. The board shallthereupon cause an investigation to be made by one of its field officers,
concerning the person so arrested, ascertaining as far as may be possible
the name, the address, the persons, if any, dependent upon him for sup-
port, his place of employment, if any, whether previously arrested for
public intoxication, and if so, how many times, consulting as a part of
such investigation the central bureau of records of arrests for public
intoxication. If the investigation shows that the person has not been
arrested for public intoxication so far as can be ascertained for the period
of twelve -months next preceding, the field officer shall, when the arrested
person shall have recovered sufficiently from his intoxication, inform him
that he may sign a request for his immediate release, addressed to the
court having jurisdiction. Such request shall give the name and address
of the arrested person and shall set forth what persons, if any, are de-
pendent upon him for support, his place of employment, if any, and shall
state that he has not been arrested for public intoxication within the twelve
months next preceding. If such a request be signed, the field officer shall
so inform the officer in charge of the place of custody of the arrested
person and such officer shall thereupon release the person forthwith. The
field officer shall, for the use of the court having jurisdiction of the case,
transmit to said court such application, together with a report of the results
of the investigation of the case made by said field officer. Such report
shall contain such information as shall have been gathered by the field
officer, together with a statement of the sources of such information.
In case a field officer discovers that a person arrested for public intoxica-
tion has been arrested within the twelve months next preceding, he shall
report the results of his investigation to the court having jurisdiction of
the case. (As amended by Laws of 1911, Chap. 682.)

7.	After the board of inebriety shall have been appointed and shall
have certified in writing to the mayor that the hospital and industrial col-
ony of said board is ready to receive inmates, any male person who is a
resident of the city of New York and who is adjudged by a court of record
to be an inebriate may, upon his own application or upon the petition of
a relative or of the commissioner of public charities or the board of
trustees of Bellevue and allied hospitals, and upon the certificate of two
medical examiners in lunacy, be committed by such court to the board for
a period of not less than one year nor more than three years. The pro-
visions of law relating to the commitment of insane persons shall, so far
as may be practicable, • apply to the commitment of persons as inebriates
under this subdivision of this section. For the purposes of this section,
an inebriate shall be a person who is incapable of properly conducting
himself or his affairs, or is dangerous to himself or others, by reason of
habits of periodical, frequent or constant drunkenness, induced either by
the use of alcoholic or other liquors, or of opium, morphine or other nar-
cotic or intoxicating or stupefying substance. (As amended by Laws of
1911, Chap. 682.)

8.	Any person who shall bring, or cause to be brought, any intoxicat-
ing liquor or narcotic drugs upon premises used by the board -for patients
committed to it, except upon the written order of the superintendent of
such institution, or who shall furnish any patient in any institution main-

4tained :by the board any intoxicating liquor or ilarcOtic drugs, except upotl
the written order of a physician who is a member of the medical staff
of the institution, shall be guilty of a misdemeanor and upon conviction
thereof shall be punishable by imprisonment for not less than thirty days
nor more than one year or :by a fine of not less than fifty dollars nor more
than five hundred dollars.

9.	The board may -parole upon such terms as it may deem wise any
person committed to its care and receiving treatment in its hospital and
industrial colony whenever in its judgment such course would be wise.
The person so paroled shall remain under the supervision of a field officer
of the board, until the board considers that such person may safely be
released from its supervision, or until the expiration of the maximum
term for which such person was committed to its care. A field officer of
the board, upon a warrant issued by the president and secretary of the
board, shall arrest and return to the custody of the 'board any person
paroled from such hospital and industrial colony, who shall have violated
the terms of such parole. Such arrested person shall, in the discretion of
the board, 'be returned to the hospital and industrial colony for inebriates,
or taken ibefore the court which committed such person to the board,
whereupon application shall be made by said board to said court for the
commitment of such person as provided in subdivision ten hereof. The
board may discharge any person committed to it whenever in its judgment
such person may safely be released from its supervision.

10.	The board may apply to the court which committed any person
to said board to release it from further care .and custody of such person.
Such application shall set forth facts tending to show that said person,
either because of infraction of the rules and regulations of the board, or
because of violation of the terms of his parole, or for other reasons, is an
unsuitable person for further treatment in the hospital and industrial
colony of the said board or tinder its supervision. The court may there-
upon release said board from further custody and care of such person,
and may make such other disposition of such person as may be authorized
by law.

11.	The board of inebriety shall collect money for the maintenance
of any person committed to it, if said* person, upon iavestigation, be
found able to pay in Whole or in part for his maintenance. The amount
so collected shall in no case exceed the per capita per diem expense of
maintaining patients in the hospital and industrial colony of said board.

(:Remainder of this Act repealed by Chap. 659, Laws of 1910.)

5Excerpt from The Inferior Criminal Courts Act

Having Jurisdiction Over New York City Magistrates'
and Special Sessions Courts

Chap. 659

Laws of New York, 1910

AN ACT in relation to the inferior courts of criminal jurisdiction in the
city of New York, defining their powers and jurisdiction and provid-
ing for their officers.

Became a law June 25, 1910, with the approval of the Governor. Passed, three-
fifths being present. Accepted by the City.

The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

§ 88. Commitment of persons convicted of public intoxication,
disorderly conduct or vagrancy. Whenever any person other than a
child under the age of sixteen years is convicted in the city of public in-
toxication, disorderly conduct that tends to a breach of the peace, or
vagrancy, the 'magistrate, before whom such conviction is had, shall, if
he do not suspend sentence and place on probation, impose upon the per-
son so convicted one or other of the penalties herein provided. Upon
a charge of vagrancy if the person so convicted be a prostitute between
the ages of sixteen and twenty-one, the magistrate may commit such per-
son, for not exceeding one year, in the boroughs of Manhattan and The
Bronx, to the Roman Catholic House of the Good Shepherd, the Protes-
tant Episcopal House of Mercy or the New York Magdalen Benevolent
Society; in the borough of Brooklyn, to the Wayside Home, House of the
Good Shepherd or the Bethesda Home, and in the other boroughs to one
of the above named institutions or to any other similar institution for
women incorporated to carry on reformatory or rescue work in the city
of New York. All other persons convicted upon a charge of vagrancy,
including persons convicted as prostitutes except those committed under
section seventy-nine of this act, and not committed to a reformatory as
herein above provided, shall be committed in the boroughs of Manhattan,
Brooklyn and The Bronx, to the workhouse on Blackwell's island, and
in the other boroughs of said city to a county jail, for the term of six
months. Upon a charge of public intoxication or of disorderly conduct
that tends to a breach of the peace (except in the case where the commit-
ment is made under section seventy-nine of this act) the magistrate may
impose a penalty as follows:

61.	Commit the person so convicted in* the boroughs of Manhattan,
Brooklyn and The Bronx, to the workhouse, and in the other boroughs
of the said city, to a county jail or to said workhouse, to be detained for
the term of six months.

2.	Commit the person so convicted in the boroughs of Manhattan,
Brooklyn and The Bronx to the workhouse and in the other boroughs to
the county jails therein, for a definite period, not to exceed six months.

3.	Impose a fine not exceeding ten dollars. Upon the payment of
the fine imposed, the person so convicted shall be forthwith discharged
from custody. If, in the judgment of the magistrate, the person so con-
victed may be relied upon to pay the fine imposed within a reasonable
time, the person so convicted may be conditionally released, and shall be
furnished by the clerk of the court with a written certificate that he is
released upon condition that the fine imposed be paid into the court within
a time to be named in the certificate. If the fine be not paid within such
time, the magistrate sitting in the magistrate's court in which such con-
viction was had, shall issue a warrant for the arrest of such person, and
shall commit him pursuant to the provisions of this section, as to commit-
ment in case of the nonpayment of a fine imposed, in the same manner as
if he had not theretofore been conditionally released. If the fine imposed
be not paid forthwith, the person so fined shall, if he be not conditionally
released as hereinabove provided, be committed, in the boroughs of Man-
hattan, Brooklyn and The Bronx, to a city prison, and in the other bor-
oughs of said city, to the county jail of the county in which he shall have
been convicted, for not exceeding ten days, eacli day of imprisonment to
be taken as a liquidation of one dollar of the fine.

4.	Require any person convicted of disorderly conduct which tends to
be a breach of the peace to give suffitient surety or sureties for his good
behavior for a period of time, to be recited in the commitment, of not
more than six months. In default of giving such surety forthwith, the
court or magistrate shall commit such person, in the boroughs of Man-
hattan, Brooklyn and The Bronx, to a city prison, to be thereafter trans-
ferred to and detained in the workhouse, and in the other boroughs of said
city to -the county jail of the county in which he shall have been con-
victed or to said workhouse, to be there detained, unless sooner discharged
pursuant to section ninety-one of this act, until such surety is furnished,
or until the expiration of the period of time fixed by said commitment as
aforesaid. Nothing in this section contained shall be so construed as to
prevent any magistrate from committing any person so convicted to any
state institution to which, and for any term longer than six months, for
which such magistrate may now be authorized to commit by law.

5.	When a board of inebriety shall have been appointed in the city of
New York and when the said board shall have certified in writing to. the
mayor that the hospital and industrial colony of the said board is ready to
receive inmates, upon a charge of public intoxication, the court or magis-
trate having jurisdiction, notwithstanding any other provision of law in
this act or in force at the time this act takes effect, shall proceed in accord-
ance with the following provisions:

a. Dismiss the complaint upon the receipt of a written request from

7the person arrested to be released, and upon the receipt of a report from
a field officer of the -board of inebriety.

b.	Issue warrant for the arrest of a persoh released pursuant to the
provisions of the charter of the city of New York and make such disposi-
tion of the case as is authorized in the subsequent provisions of this sec-
tion.

c.	Release the person so' convicted, tfrider the supervision of a field
officer appointed by the board of inebriety, for a period of not less than
six months nor more than one year, upon such conditions as the court may
impose. The field officer, irr case of the violation of any such condition or
conditions, shall arrest the offender and bring him before the court. The
court may thereupon impo'se upon such persofr one of the penalties pro-
vided in the subsequent provisions of this section and shall do so if the
person has been released under supervision two or more times and has
twice violated the conditions of his release.

d.	Release the person so convicted, under supervision, as provided in
subdivision c of this section, and in addition impose £ fine of not to exceed
twenty-five dollars. Such fine may ibe paid in instalments in such amounts
and at such times as the court may determine and shall be paid to the
board of inebriety at such plate and in such manner as the board may
direct. Failure to pay such fine in such amounts and at such times as the
court may have determined shall be considered a violation of the terms on
which such person was released under supervision, and the field officer
shall thereupon arrest the offender and bring him before the court. The
court may thereupon impose upon such person one of the penalties pro-
vided in the subsequent provisions of this section and shall do so if the.
person has been released two or more times with an added fine imposed
and has twice failed to pay the fine. All fines and portions of fines so
collected shall be reported by the field officers to the court imposing such
fines and shall be turned over to the board of iriebriety and transmitted by
such board monthly to the comptroller.

e.	Commit the person so convicted to the custody of the board of
inebriety on an indeterminate sentence, for a period of not less than three
months nor more than six months, provided such person has not been
previously committed to the custody of such board, and provided he has
previously been arrested for public intoxication within the twelve months
next preceding.

f.	Commit the person so convicted to the custody of the board of
inebriety on an indeterminate sentence, for a period of not less than six
months nor more than one year, provided such person has previously been
committed to such board.

g.	Commit the person so convicted to the custody of the board of
inebriety on an indeterminate sentence, for a period not less than one year
nor more than three years, provided such person has been previously com-
mitted two or more times to such board.

h.	Commit the pefsoti so convicted 16 the workhotlsfe fbf & period of
not less than otte year nor ftiore than three years.

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