Judges: JIM MATTOX, Attorney General of Texas
Filed Date: 5/2/1984
Status: Precedential
Modified Date: 7/6/2016
Mr. Robert O. Viterna Executive Director Texas Commission on Jail Standards P.O. Box 12985 Austin, Texas 78711
Re: Whether a county jail must accept state statute violators delivered by municipal police officers, and related questions
Dear Mr. Viterna:
You inform us that Bexar County Jail provides housing for persons arrested by city police officers for violating a state statute. However, the county charges the city making the arrest $50 a day for each prisoner until he is taken before a magistrate. You ask the following questions about this practice:
(1) Must the Bexar County Jail accept all state statute violators delivered by municipal police officers (see Attorney General Opinion
MW-52 regarding municipal offenders)?(2) Must municipalities be required to pay for each individual until that person [appears before a magistrate]? Or,
(3) Must the violator [appear before a magistrate] prior to delivery to the Bexar County Jail?
(4) And, must a district attorney's representative be present at the magistrates hearing?
City police officers are peace officers, authorized to make arrests under the Code of Criminal Procedure. Code Crim.Proc. arts.
When a city police officer or other person authorized by law arrests anyone, he must "without unnecessary delay take the person arrested or have him taken before some magistrate of the county" where the arrest took place. Code Crim.Proc. art.
Article
Attorney General Opinion
We answer your first and third questions as follows: The Bexar County Jail is required to accept state statute violators only after a magistrate or court has committed them to the jail.
Your second question concerns whether the cities may be required to pay for each prisoner's keep until he is brought before a magistrate. The county could collect this payment from the city if the two governmental bodies entered into an interlocal contract agreeing to this term. V.T.C.S. art. 4413(32c); see Attorney General Opinions
You finally ask whether a district attorney's representative must be present at the magistrate's hearing. Article
Each of the following officers is a magistrate within the meaning of this Code: The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices of the Courts of Appeals, the judges of the District Court, the county judges, the judges of the county courts at law, judges of the county criminal courts, the justices of the peace, the mayors and recorders and the judges of the municipal courts of incorporated cities or towns.
We find no provision of law requiring a magistrate to await the arrival of the district attorney's representative before he gives the warnings required by article 15.17.
Article 2.01 of the code requires the district attorney to represent the state in examining trials in his district, when notified that one will take place and when other duties do not prevent his participation in it. See, e.g., art. 16.06 (examining trial procedure). A magistrate conducts examining trials. Code Crim.Proc. art.
In McGee v. Estelle,
Very truly yours,
Jim Mattox Attorney General of Texas
Tom Green First Assistant Attorney General
David R. Richards Executive Assistant Attorney General
Prepared by Susan L. Garrison Assistant Attorney General