Untitled Texas Attorney General Opinion ( 1981 )

1 .
The Attorney General of Texas
October 26, 1981
MARK WHITE
Attorney General
Supreme Court Building Mr. Don R. Stiles Opinion No. Mw-379
P. 0. Box 12546 Executive Director
Austin, TX. 76711 Texas Adult Probation Commission Re: Use of district adult
5121475-2501 P. 0. Box 12427 probation funds to provide
Telex 9101674-1367
Austin, Texas 78711 services to the cour't of
Telecopier 512/475-0266
probation officers
1607 Main St., Suite 1400 Dear Mr. Stiles:
Dallas, TX. 75201
214/742-6944
You ask the following question concerning the use of district
adult probation funds:
4624 Alberta Ave., Suite 160
El Paso, TX. 79905 Prior to the defendant being found guilty, may
9151533.3464 district adult probation funds be used under
current law to provide services to the court by
1220 Dallas Ave., Suite 202
probation officers interviewing the defendant,
Houston, TX. 77002 advising him/her on the conditions of probation,
7131650.0666 the expectations of the court in the event that
probation is granted, and to prepare the necessary
paperwork and the written conditions of probation
606 Broadway, Suite 312
Lubbock, TX. 79401
for the court, and/or to provide to the court a
6061747.5238 pre-sentence investigation report as contemplated
in section 4 of article 42.12 and section 4 of
article 42.13 of the Code of Criminal Procedure?
4309 N. Tenth, Suite B
McAllen. TX. 76501
5121662-4547 The district adult probation fund is a special fund in the county
treasury into which is deposited state aid received from the Texas
Adult Probation Commission and fees collected from probationers. Code
200 Main Plaza, Suite 400 Grim. Proc. art. 42.12, 96a; art. 42.121, §4.05(b).
San Antonio. TX. 76205
5121225-4191
The purposes of the Texas Adult Probation Commission include
improving the effectiveness of probation services, providing funds for
An Equal Opportunity/ the establishment and improvement of probation services, and
Affirmative Action Employa establishing uniform probation administration standards. Code Crim.
Proc. art. 42.121, 51.01.
Although Attorney General Opinion H-1283 (1978) termed probation
a "post-trial" procedure, that opinion addressed the question of
whether the Texas Adult Probation Commission could provide financial
assistance to pretrial release programs. The opinion properly
determined that pretrial release programs are not related to
p. 1280
Mr. Don R. Stiles - Page 2 (Mw-379)
probation under article 42.12, section 2 and article 13, section 2 of
the Code of Criminal Procedure. The services you mention, however,
are related to probation. We believe that such services may be
efficiently carried out by the probation officer before the guilt and
innocence phase of the trial.
For example, section 4 of article 42.12 and section 4 of article
42.13 both read in part:
When directed by the court, a probation officer
shall fully investigate and report to the court in
writing the circumstances of the offense, criminal
record, social history and present condition of
the defendant.
The statutory language does not establish a specific time for the
investigation and report. Rather, these are provided "[wlhen directed
by the court." This investigation and report can be accomplished
either before or after trial.
Also, in light of the stated purposes of the act establishing the
Texas Adult Probation Commission, the specific services you ask about
seem to be included in the commission's statutory mandate to improve
the effectiveness of probation services. We feel that these duties
may be carried out before the guilt and innocence phase of the trial.
SUMMARY
District adult probation funds may be used to
provide certain services related to probation
before the guilt and innocence phase of the trial.
&@
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Dawn Bruner
Assistant Attorney General
p. 1281
Mr. Don R. Stiles - Page 3 (Mw-379)
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Dawn Bruner
Rick Gilpin
Jim Moellinger
p. 1282