*1 The Attorney General of Texas November 4, 1981 MARK WHITE OVERRULES IN PART BY JM-314 Attorney General Honorable W. J. Estelle, Jr. opinion No.M+382 Supreme Court Building Director P. 0. Box 12548 Texas Department of Corrections Re: Classification of inmates Austin. TX. 78711 P. 0. Box 99 as state approved trusties 5121475-2501 Telex 910,874.,367 Huntsville, Texas 77340 Telecopier 5121475-0266
Dear Mr. Estelle: 1607 Main St., Suite 1400 You have asked our opinion concerning the authority of the Texas Dallas, TX. 75201 2141742-8944 Department of Corrections to classify certain inmates as trusties.
Your first question is: 4824 Alberta El Paso, TX. 79905 [91515333484] Ave., Suite [160] discretion to classify an inmate who has served a portion of the Texas sentence in the actual custody of federal authorities, another state's 1220 Dallas Ave., Suite 202 penitentiary or a jail, as a state approved Houston, TX. 77002 trusty? 7131650-0886 Article 6184a, V.T.C.S., provides in pertinent part:
806 Broadway, Suite 312 Lubbock, TX. 79401 Any person serving a prison sentence of one 8061747.5238 or more years in the Texas State Penitentiary, who
has a good prison record may be appointed a trusty 4309 N. Tenth, Suite S after he shall have served three months in the McAllen, TX. 78501 ranks, and not before.... 5121682-4547
Article 6184~1, V.T.C.S., permits the appointment of an inmate as trusty only after he has served three months "in the ranks." In our 200 Main Plaza, Suite 400 San Antonio, TX. 78205 opinion, service in the ranks refers to time spent as an inmate in one 512/225-4191 of the classifications established by article 6181-1, V.T.C.S.
Inmates are classified according to conduct as swan as practicable after they reach the pris00. The statute providing for the An Equal Opporfunityl appointment of trusties was enacted after the statute requiring Affirmative Action Employer classification of prisoners and apparently in reference to it. _ See
Acts 1925, 39th Leg., ch. 19, at 46; Acts 1910, 31st Leg., 4th C.S., ch. 10, 533, at 151.
Article 6184~1, in our opinion, permits the appointment of an inmate as trusty only after he has served three months in the actual custody of the prison. Thus, time served in the actual custody of Mr. W. .I. Estelle, Jr. - Page 2 (MW-382)
federal authorities. another state's penitentiary or a jail would not count toward his three months service "in the ranks."
You next ask the following question: discretion to classify an inmate who is a parole violator or mandatory supervision returnee as a state approved trusty retroactively for the period of incarceration prior to his release on parole or mandatory supervision?
We are of the opinion that the Texas Board of Corrections does not have the discretion to classify an inmate who is a parole violator or mandatory supervision returnee as a state approved trusty until at least twelve months after the inmate's return to the Texas Department of Corrections.
Our opinion is based upon article 6184f, V.T.C.S., which states in part, "[wlhenever a convict violates his trust or his conduct is such that he makes himself objectionable to the citizens of the community in which he is located... such convict shall not thereafter be eligible to appointment as a trusty for twelve months." We believe that a parole violator or returnee from mandatory supervision has conducted himself in an objectionable manner; if not, he would not have been returned to the Texas Department of Corrections. The inmate's return to the Texas Department of Corrections in itself could be construed as a violation of his trust and would fell within the purview of article 6184f, V.T.C.S.
SUMMARY The Texas Board of Corrections may classify an inmate as a state approved trusty after he has served three months in the custody of the Texas Department of Corrections. The board's discretion in classifying an inmate as a trusty where the inmate is a parole violator or mandatory supervision returnee cannot be exercised within twelve months after the inmate's return to the Texas Department of Corrections.
MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General .
Mr. W. J. Estelle, Jr. - Page 3 @W-382)
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Susan L. Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Jim Moellinger
Bruce Youngblood