Case Information

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The Attorney General of Texas October 26, 1981

MARK WHITE

Attorney General Mr. Don R. Stiles Opinion No. Mw-379

Supreme Court Building Director Executive P. 0. Box 12546 Texas Adult Probation Commission Re: Use of district adult Austin, TX. 76711 5121475-2501 P. 0. Box 12427 probation funds to provide Telex 9101674-1367 Austin, Texas 78711 services to the cour't of Telecopier 512/475-0266 probation officers 1607 Main St., Suite ^[1400] Dear Mr. Stiles: Dallas, TX. 75201

214/742-6944

You ask the following question concerning the use of district

adult probation funds: 4624 Alberta Ave., Suite 160 Prior to the defendant being found guilty, may El Paso, TX. 79905 9151533.3464 district adult probation funds be used under

current law to provide services to the court by probation officers interviewing the defendant, 1220 Dallas Ave., Suite 202 advising him/her on the conditions of probation, Houston, TX. 77002 the expectations of the court in the event that 7131650.0666 probation is granted, and to prepare the necessary paperwork and the written conditions of probation 606 Broadway, Suite 312 for the court, and/or to provide to the court a Lubbock, TX. 79401 pre-sentence investigation report as contemplated 6061747.5238 in section 4 of article 42.12 and section 4 of article 42.13 of the Code of Criminal Procedure? 4309 N. Tenth, Suite B McAllen. TX. 76501 The district adult probation fund is a special fund in the county 5121662-4547 treasury into which is deposited state aid received from the Texas

Adult Probation Commission and fees collected from probationers. Code 200 Main Plaza, Suite 400 Grim. Proc. art. 42.12, 96a; art. 42.121, §4.05(b). San Antonio. TX. 76205 5121225-4191 The purposes of the Texas Adult Probation Commission include

improving the effectiveness of probation services, providing funds for the establishment and improvement of probation services, and An Equal Opportunity/ Affirmative Action Employa establishing uniform probation administration standards. Code Crim.

Proc. art. 42.121, 51.01.

Although Attorney General Opinion H-1283 (1978) termed probation a "post-trial" procedure, that opinion addressed the question of whether the Texas Adult Probation Commission could provide financial assistance to pretrial release programs. The opinion properly determined that pretrial release programs are not related to probation under article 42.12, section 2 and article 13, section 2 of the Code of Criminal Procedure. The services you mention, however, are related to probation. We believe that such services may be efficiently carried out by the probation officer before the guilt and innocence phase of the trial.

For example, section 4 of article 42.12 and section 4 of article 42.13 both read in part:

When directed by the court, a probation officer shall fully investigate and report to the court in writing the circumstances of the offense, criminal record, social history and present condition of the defendant.

The statutory language does not establish a specific time for the investigation and report. Rather, these are provided "[wlhen directed by the court." This investigation and report can be accomplished either before or after trial.

Also, in light of the stated purposes of the act establishing the Texas Adult Probation Commission, the specific services you ask about seem to be included in the commission's statutory mandate to improve the effectiveness of probation services. We feel that these duties may be carried out before the guilt and innocence phase of the trial.

SUMMARY District adult probation funds may be used to provide certain services related to probation before the guilt and innocence phase of the trial.

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Attorney General of Texas JOHN W. FAINTER, JR.

First Assistant Attorney General

RICHARD E. GRAY III

Executive Assistant Attorney General

Prepared by Dawn Bruner

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

Susan L. Garrison, Chairman

Dawn Bruner

Rick Gilpin

Jim Moellinger