Untitled Texas Attorney General Opinion ( 1967 )

Honorable Tom Blackwell Opinion No. M- 58 District Attorney Travis County Re: Whether a person who has been Austin, Texas convicted in a justice court, and doea not have the money to pay the fine and court costs is entitled to lay out the fine and court coats at the rate of $5.00 per day, without being required,to stay at least five Dear Mr. Blackwell: days in jail. In a recent opinion:requestof this office you submit the Pol- lowing question: "When can the Sheriff release a prisoner s having satisfied a fine and court costs of less then $25.00 on a justice court commitment,when the prisoner fails to pay the fine and costs ae assessea?" Article 43.09, Vernon's Code of Criminal Procedure, provides as follows: "When a defendant is convictea of a misdemeanor and his punishment is assessed at a pecuniary fine, if he is unable to pay the fine and costs adjudged against him, he may for such time as will satisfy the judgment be put to work in the workhouse, or on the county farm, or public Improvementsof the county, as provided in the succeedingArticle; or if there be no such workhouse, farm or Improvements,he shall be imprisoned in jail for a sufficient length of time to discharge the full amount of fine and costs adjudged against him; rating such labor or imprisonmentat five dollars for each day thereof; provided, however, that the defendant may pay the pecuniary fine assessed against him at any time while he Is serving at work In the Iqorkhouse,or on the county farm, or on the public improvementsof the county, or while he is serving his jail sentence, and in such instances he shall - 278 - Honorable Tom Blackwell, Page 2 (M- 58 1 , be entitled to a credit of five dollars for each day or fraction of a day that he has served and he shall only be required to pay his balance of the pecuniary fine assessed against him." It is therefore the opinion of this office that the Sheriff is authorized to release a person who has been imprisoned In lieu of paying fine and court costs In an amount less than $25, after the prisoner has discharged such fine and costs at the rate of $5 per day,,and less such time off as may be allowed by the Sheriff under Article 5118a, Vernon's Civil Statutes, proviaing for time off for g00a conduct. SUMMARY A Sheriff Is authorized to release a prisoner who "lays out" his fine and court costs, the amount of which Is less than $25, after such prisoner spends the requl- site amount of time to discharge the s&me at the rate of $5 per day, less such good conduct tlme'allowedby the Sheriff as permitted by law. truly yours, t59 +a C. MARTIN orney General of Texas TWM:lk Prepared by Thomas W. Mack Assistant Attorney General APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman W. V. Geppert, Co-Chairman Monroe Clayton John Grace Roger Tyler STAFF LJ3GALASSISTANT A. J. Carubbi, Jr. - 279 -