Untitled Texas Attorney General Opinion ( 1948 )

Aunrrlv 11. TExas PRICE DANIEL. ATTORNEY GENERA,. May 4, 1948 The Board of Pardons and Paroles, Austin, Texas Attention: Bon. Abner L. Lewis, Chairman Opinion No. P-561 Re: Authority of the Board of Pardons and Paroles to recommend a reprieve for release of a prison inmate to the Veterans Administra- tion for medical att+ntlon under the facts submrtted. Gentlemen8 Your request for an opinion by this office upon the above titled subject matter is as folfowsr “The above named subject was received in the penitentiary of Texas on October 1.6, 1944 under a sentence of ten years for the offense of burglary and attempting to pass a forged instrument. His convfctfons cane from HsuStQ&ls Madison, Walker, and Tom Green Counties, mo& of which were concurrent sentences making a total of ten years, “He was evidently lead by ex-conKicta in- to committing these offenses, “The subject is now e1igXbJ.e to cl@K@R$y on time served, “Application is made to the Board of Par- dons and Paroles by the Veterans Affairs COIUlIiS- sion through Mr, Charles L. Morris, Assistant Director) for some type of clemency WhiCh WiLL permit releasing the subj,ect from the petiten- tiary of Texas and transferring him to the vS%- erans Administration at Waco, Texas for SUrgi- cal attention which has been occasioned by a . - The Board of Pardons and Paroles - Page 2 (v-561) compound fracture of the skull while in the lJ- * nited States Navy during World ‘Mar II. He is now suffering from a condition described by Dr. C. A. Shaw, prison psychiatrist as: A. Symptons4onfused, depressed, dis- oriented as to time, pl#ce pnd person. ‘Out of contact with reality. Delusiens of persecution. Noisey and destrwtlve and has grand ma1 seis- urea (from one to three daily), B. Physical Findings--Skull fracture, right occipital area. C* Diagnosis--Epilepsy, post-traumatic, with psychosis. D. Recemmendation--That examines have surgi- cal attention immediately. We enclose herein a copy of the recommendation of Dr. M. D. Hanson medical director, and Dr. Show, prison. psychlot&, which indicates that this subject will require institutional care for an in- definite period, perhaps for the remainder of his life. %fr. erris of the Veterans Affairs Commls- .. sion has.made satisfactory arrangements with the Veterans Administration at Waco to accept thf3 subject, If and when the Governor Issues his proc- lamation granting some character of clemency pro- viding that the subject will not have to report to any authority of the State of Texas. “The Veterans Administration’ will not accept responsibility as to the,confinement of the veter- an, but has agreed to notify the Board If he should escape or at time of discharge from the Vet- $; erans Administration Hospital. Thfs situation is __I, likewise a comdltlen thqt exists with reference to 10 or 15 persons ta the Fenitentlary, both veterans and nom-veterans. “1. The Board of Pardons and Paroles requests an opinion from the Attorney General of Texas as to - r The Board of Pardons and Paroles - Page 3 (v-561) whether or not we would have a right to take jur- isdiction of the subject's case and recommend a reprieve of six months and release the subject from reporting in order that this surgery might be accomplished in the Veterans Administration Hospital at Waco, the relatives to provide for his safe delivery to said institution. "2, In view of the fact that the Assistant Director indicates that it may mean possibly the difference in the life and death of this veteran inmate and further in view of the fact that Dr. Hanson and Dr, Shaw indicate that at the present time he is definitely psychotic or insane, we re- quest an opinion inthe nature of an emergency opinion in order that we may act quickly and thus perhaps save the subject's life." The urgency of the situation presented by the letter of your Chairman prompts us to set forth the let- ter in full and to state our conclusions succinctly with- out taking the time to elaborate or cite authorities for the principles of law involved. Section 11 of Article IV of the Constitution as adopted November 39 1936, authorizes the Governor in any criminal c&se except treason and impeachment, "after conviction, on the written signed recommendation and ad- vice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punish- ment. O o .e There are no limitations or qualifications con- tained in the Constitution upon this power to grant re- prieves and commutations of punishment, nor is there any statutory limitations or qualifications so far as our search has disclosed other than the constitutional one that such clemency must be made only upon the advice of the Board of Pardons and Paroles in the manner above quot- ed. It is the opinion of this office, therefore, that your Board does have jurisdiction to recommend to'the Governor the granting of clemency - a reprieve or'commuta- tion, or reprieve and commutation of punishment for such reasonable time and for such purpose on such condition as the Board or a majority thereof shall advise and recommend in the light of all the information possessed by the Board. % The Board of Pardons and Paroles - Page 4 '(v-561) - The Board of Pardons and Parolks has jur- isdiction to recommend to the Governopa re- prieve or commutation of punishment of an in- mate of the State Prison at Huntsville for such length of time, and for such purpose, hnd upon such conditions as the Board,or a major- ity of its members may recommend to the Gov- ernor. Yours very truly, ATTORNEY GENERAL OF TEXAS By &flj%. Ocie Spee . ' 0S:wb Assistant ATTORNEY GENERAL