Case Information

*1 The Attorney General of Texas November 30, 1981

MARK WHITE

Attorney General Mr. Robert 0. Viterna Opinion No. MN-398 SUprE”W &.,,,I BUildhQ Rxecutive Director P. 0. BOX 12549 Texas Commission on Jail Standards Re: Whether article 5115.1,

Austin, TX. 78711 5121475-2501 P. 0. Box 12985 V.,T.C.S., authorizes the Texas Telex 91OlS74.1367 Commission on Jail Standards Austin, Texas 78711 Telecopier 5121475-0266 to require a county to accept

prisoners from a county jail which fails to comply with 1607 Main St., Suite 1400 Dallas, TX. 75201 minimum jail standards 21417428944 Dear Mr. Viterna: 4824 Alberta Ave., Suite 160

You ask whether the Texas Commission on Jail Standards has the El Paso. TX. 79905

81515335484 authority to require that a county accept prisoners from a county

which has been found in noncompliance with minimum jail standards and against which an order has been issued by the commission prohibiting 1220 Dallas Ave., Suite 202 confinement of prisoners in that county's detention facilities. Houston, TX. 77W2 713/6500868 It is clear from the legislative history of article 5115.1, V.T.C.S.. that the Texas Legislature created the Texas Commission on 606 Broadway, Suite 312 Jail Standards in 1975 for the purpose of improving conditions in Lubbock. TX. 79401 county jails by formulating and enforcing minimum standards for jail 8061747~5239 construction. maintenance and operation and for the care, custody and treatment of prisoners. See Texas Legislative Council, Statutory 4309 N. Tenth, Suite S Standards and Present Conditions in Texas Jails, Report No. 62-2 McAllen, TX. 78501 (1973). 5126924547

To effectuate this purpose, the commission was granted certain 200 Main Plaza. suite 4OQ remedial powers in section 11 of article 5115.1, V.T.C.S.. as follows: San Antonlo, TX. 78205 512l2m191 . . (d) If the commissioners or sheriff does not

comply within the time granted by the commission, the commission mYY by order, prohibit the An Equal Opportunity/ Affirmative Actlon Employer confinement of prisoners in the noncomplying jail

and designate another detention facility for their confinement. If a prohibition and transfer order is issued, the sheriff of the county in which the noncomplying jail is situated shall immediately transfer all prisoners to the detention facility specified by the commission.

Section 11(e) of article 5115.1. V.T.C.S.. requires that the county responsible for the nonconforming jail shall bear the cost of transportation and maintenance of prisoners transferred by order of the commission.

A statute should be given a fair and sensible construction in order to carry out the purpose for which it was enacted and should not be construed in such a manner as to nullifv or defeat its purpose. Citizens Bank of Bryan v. First State Bank, 580 S.W.2d 344, 348 (Tex. 1979); Salas v. State, 592 S.W.2d 653, 655 (Tex. Civ. App. - Austin 1979, no writ); Lopes v. Ramires. 558 S.W.2d 954, 957 (Tex. Civ. APP. - San Antonio 1977, no writ).

The commission has express authority to close a noncomplying facility and provide for the detention of that county's prisoners elsewhere. In order to effectuate this authority and to achieve the statutory purpose of improving county jail conditions it is necessary that the designated facility accept these prisoners. Although "detention facility" is not defined in the statute, a "fair and sensible construction" would permit the commission to place prisoners from noncomplying facilities in another county jail which the commission knows to comply with its standards.

Article 5116, V.T.C.S., requires the sheriff to keep in the county jail all prisoners cosaaitted thereto by lawful authority, subject to the order of the proper court. Ris responsibility for the county jail is statutory. Tex. Const. art. V, $23; de la Garaa v. State, 579 S.W.2d 220 (Tex. Grim. App. 1979). The legislature may provide by statute that the sheriff receive prisoners from other jurisdictions. See V.T.C.S. arts. 5117, 5118. See also V.T.C.S. art. 4413(32c) gg1.4; -Attorney General Opinion IN-52 (1979). Thus, pursuant to the authority granted it in section 11(d) of article 5115.1, V.T.C.S., the commission may require a county sheriff to accept prisoners removed from a county jail which fails to meet minimum standards.

SUMMARY The Texas Commission on Jail Standards can require a county to accept prisoners who have been removed from a county jail which fails to meet minimum jail standards. The county responsible for the nonconforming jail shall bear the cost of transportation and maintenance of prisoners transferred by order of the commission.

3X@

MARK WHITE Attorney General of Texas *3 JOHN W. FAINTER, JR.

First Assistant Attorney General

RICHARD E. GRAY III

Executive Assistant Attorney General

Prepared by Mary Golder &

Susan L. Garrison

Assistant Attorneys General

APPROVED:

OPINION COMMITTEE

Susan L. Garrison, Chairman

Jon Bible

Rick Gilpin

Mary Golder

Jim Moellinger

P. 1354