Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas
JIM MATTOX October 16, 1984
Attorney General
Supreme Court Bulldin Mr. Robert 0. Viternn Opinion No. JM-212
P. 0. BOX 12546
Executive Director
Austin. TX. 76711. 2546
5124752501
Texas Cosm~ission on J,iil Standards Re: Authority of the Texas
Telex 9101674-1367 P. 0. Box 12985 Commission on Jail Standards
Telecopisr 51214750266 Austin, Texas 78711 over a county work release
facility
714 Jackson. Suite 700
Dallas. TX. 752024508 Dear Mr. Viterna:
2141742.6944
You have requested our opinion regarding the jurisdiction of the
Texas Commission on Jail Standards over a work release facility
4024 Alberta Ave.. Suite
El Paso. TX. 79906.2793
164
operated by the county and district judge but not by the sheriff. You
9151533.3464 have also asked whe,:her your agency has jurisdiction over facilities
operated by the sheriff or operated by others under contract with the
county to hold persons committed to the custody of the sheriff. You
lM1 Texas, Suite 700 have stated that recent legislation authorizes the establishment of
,ton. TX. 77002-3111
work release programs in the various counties under the supervision of
f $5122~56%
the sheriff. lfoweve r , you state that one county proposes a work
release program operated by the district and county court whereby the
806 Broadway, Suite 312 prisoners are relearwd from the sheriff’s custody by court order and
Lubbock. TX. 79401.2479 housed in facilities supervlsed by the courts.
m747.5236
The Texas Commjssion on Jail Standards Is established by article
4309 N. Tenth. Suite S 5115.1, V.T.C.S. The commission has authority to promulgate rules and
McAllen. TX. 76501.1665 regulations regardinS the construction, maintenance, and operation of
512M2.4547 county jails and the: standard of care in the treatment of prisoners.
A “county jail” is defined as follows:
200 Main Plaza. Suite 400
San Antonio. TX. 76205.2797 Any ja:::. , lock-up, or other facility that is
51212254191 operated by or for a county for the confinement of
persons accused or convicted of an offense.
An Equal Opportunity/
Alfirmative Action Employer V.T.C.S. art. 5115.1, §2(3). We believe that it is very clear that
the Texas Conrmiss:lon on Jail Standards has jurisdiction over
confinement facilitj.fs operated by the sheriff or operated by others
under contract with the county. A city jail, for example, housing
county prisoners pursuant to interlocal contract is subject to the
state standards for law enforcement officer training and education.
Attorney General Opinion MW-328 (1981). Facilities separate and apart
from the county jail itself, if they are used for the confinement of
prisoners, are al 30 subject to the commission’s jurisdiction.
Attorney General Opinion MW-559 (1982). Counties, as of 1983, have
p. 953
Mr. Robert 0. Vitrrna - Pagr 2 (Jn-212)
express authority to contract with private organizations. with the
approval of the sheriff, l’or the operation of a low-risk detention
facility. V.T.C.S. art. 51Lid.
Persons convicted and committed to jail may be entitled to
participate In a work rele.l:ge program if a judge so provides in the
sentence. Code Grim. Proc. art. 42.03, 545, 6. The convicted person
is ordered confined during lxts off work hours and on weekends. Except
in cases where probation hit;, been granted, we do not believe that a
sentence of confinement may order a person to be detained or confined
in non-jail facilities not operated by the sheriff or under his
supervision.
We do not believe tn.at the district or county judges have
authority to operate a detent:ion facility. The only penal punishments
authorized by the Penal Code are the assessment of a fine or
confinement in a county jail. or the Texas Department of Corrections.
See Penal Code, 512.01 (poilshments). However, as of 1983, a judge
may sentence persons convic!:ed of third degree felonies or offenses
punishable by county jail confinement to serve “an alternate term for
the same period of time in the county jail work release program.”
Code Grim. Proc. art. 42.C,3, )6(a). A county jail work release
program is not defined by the statute. Any person sentenced to the
county jail vork release program pursuant to article 42.03, section 6
of the Code of Criminal Procedure , may have employment secured for him
by the county sheriff. l’.T.C.S. art. 5118b. Any person who is
participating in a county work release program is required by article
5118b. section 2, to rematn confined in the county jail or other
facility designated by the sheriff at all times except during periods
of employment. We believe that this requirement precludes the county
judge or district judge fro11 operating or maintaining any work release
facility not under the supervision of the county sheriff.
SUMMARY
The Texas Commission on Jail Standards has
supervision over facilities used for the
confinement of prisoners on a work release
program. The district and county court does not
have authority to operate such facilities
independent of the county sheriff.
JIM MATTOX
Attorney General of Texas
p. 954
. . .
I
Mr. Robert 0. Viterna - Pal!@! 3 (a-212)
TOMGRERN
First Assistant Attorney G,!neral
DAVID R. RICRARDS
Executive Assistant Attorn!:! General
Prepared by David Brooks
Assistant Attorney General
APPROVED:
OPINIONCOMMITTEE
Rick Gilpin, Chairman
David Brooks
Colin Carl
Susan Garrison
.lim Moellinger
Nancy Sutton
p. 955