Case Information
*1 R-I.33 THE ATTORNEY GENERAL OF TEXAS Auyrm H. TEJCAS
PRICE DANIEL ATTORNEY GENERAL ,,. .~- 6, 1947.
Eon. Carloe 0. Ashley, Chalxman
state Board Of~Ccptrol'
Aua tin, Texas
opinion HO. v-65 Rer Guthorltg of the Superintsudent 'of the Terre11 State Hospital to readmit a patient to the Terre11 State Hospital who has been discharged, without the fomalities of another trial. Dear Sir:
We are in reoeipt of your request for an opinion upon the above titled subjeotmatter and quote from your letter as follows:
"In Bovember, 1936, a patient was duly comaltted to the Term11 State Hospital fYcm Dallas County. Thereafter this patient was furlou#md frcei said hospital in December, 1943, and was ultimately returned and discharged'from said hospital In September, 1945. We are now advised that this person is in need of further hospitalization at one of our state hospitals, and we have been requested by the County Judge of Dallas Mty to advise the Superintendent of the Terre11 State Hospital to accept this patlent at the Terre11 State Hospital without the fomalltles of another trial."
Chapter 266, Senate Bill Ho. 46, of the Regular Session of the 48th Legislature, to whiah you refer, provides a8 follows:
"The superintendent of any institution, after the examination as hereinafter provided, may permit any inmate thereof temporarily to leave such lnstltutlon In charSe of his guardian, relatives, friends, or by himself, for a period not exaeeding twelve months, and may receive him when returned by any suoh &ardI.au, relative, friend, or upon his owu application, wlthin such perlod, without any further order of oommitnent; but no patient, who has been charged wftb or oonvicted of scrme offense end been adjudgad insane in accordance with the provisions of the code of orQnlua1 proee- dure, shall be penuitted to tempore~ily leave such institution under any olraumstauoes. The superintendent may require as a condition of such leave of abaeuae, that the person in whoee aharg the patient Is penuitted to leave the inetltutlm shall make reports to him of the patientis condition+ Any such superintendent, guardian, relative or friend may terminate such leave of absence at any time *2 Eon; carh C. ~&by, Pige 2 v-65
and authorize the arrest and return of the patient. Any peace officer of this state shall cause such patient to be arrested and returned upon the request of any suoh euperintendent, ~guardisn, relative or friend. ‘Juay patient, emept swh as dare o@rged with or oonvloted of .sme offenee, who has been adjudged Inmane in awordanoe with the provleioPr of the oode of oriml- nal prooedure, who has returned to the institution at the expir- ation of tvelve months may be wauted e+n additional leave of not to exoeed ,$wo yesre, by the euperintmdent, or upon hi” room- mendaMon.”
Ar$ic,le 55.52, of +r$Ws Civil Statutes presorlbes the issues of fact to be deterpllped before the county judge upon a proceeding to ocmait a patient. Article 5553 directs that upon certain negative itid- ings with respect to the patient’s sanity, the defendant will be dis- charged.
Our State.,Hoepitals are staffed with competent physicians and psychiatrists appropriate to the needs of such institutions. In the nature of euch things, patients are oommitted to these institutions -- not for a definite tenu -- but for treatment and oare until they die or have been, disohargd as cured. As we have already seen, there are proviafons for leaves of absenae, but these provisions~aooentuate ‘the purpose of the commitment as above euggested.
While there is no express statute authorizing a final disoharge : and therefore termination of the Institution’s custody, ti-eatznent, and 0-e of the patient, neverthelma, such power is implioit In the general plan of the state’s oare of the unfortunates.
It is the opinion of this department when suoh patient has been finally discbarged by the hospital, suoh patient cannot be again admitted exoept upon trial as in the first place for comnitment.
We follow Opinion Ho. O-685 by this deparixnent, oopy of which we 6pcloae.
‘1. Uhere a patient has been duly tried aud owimltted to Terrell State Hoepital, end has been duly discharged therefrom, euoh patient oannot thereafter ‘be lawfully readmitted by the hospital without a nek prooeeding and another ommltmut as III the f,Mt plaoe required. Yours very truly
APPROVED MA% 6, 1947 ATKIRNEYGENERAL op w )N /ml Prioe Daniel By /e/ boie Speer GXKEBAL A- Ooie Spear
OS:aomx jrb AB6istant
APPRom OPRUOn cm BY BUB, ChaIrman