Case Information

*1 Hon. 0. B. Ellis opinion HO. v-498 Genera1 Planager

Texas Prison System Re: Authority of the State Huntsville, Texas Prlsoa System to,hold

insane criminals

You request an opinion from this Department upon the above captioned subject matter as follows:

"It has been called to my attention that we are holding three prisoners whose time has expired because they have been adjudged insane. The attached memo gives the names, numbers, ages, county of crime, sentence, home address and expiration date of these three men. I find In our files 'a ruling of your d~epartment that the austody of insane criminals is a responsibility of the Prison System for the duration of their sentences.

'I would appreoiate an opinion from you as to what authority I have to hold these men beyond their explratlon date. It was my thought that they should be returned to the sheriff of the county in whioh they were sen- tenoed and from that point on, they would be handled as other Insane cases are handled."

We assume from your request that the prisoners Fn question were lawfully adjudged insane by the County Judge of Walker County in acoordanoe with the provisions of Article p86a, v.C.S., and were committed to the State Prison Psych,opath& Xospltal before their sentences had expired.

Arti.cle 62038, V.C.S., provides in part as fbl,- lows:

"Section 1. That there shall be buFlt, established and maintained, as a part of the Prison System of TeMB, an Institution fOP the examination, observation, treatment and

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Hon. 0. B. gIIl% - Page 2 (No. v-498)

Incarceration of all persons who have been oonvlcted of felony, end who have been duly adjudged Insane by any com- petent court at law in the State of

Texas3 and, who have been acquitted by a court of competent jurisdiction upon the ground% of insanity; sa.ld institu- tion to be known as the State Prison P%yChop%thlc hOBpita1.

"Sec. 4. When any person shall be confined In any jail, asylum or other ln- atltutlon of.confinement, who 1% charged by indictment and has been convicted of felony In this State and who has been duly adjudged Insane by a Court of Competent Juri%dlctlon,~upon the grounds of insanity shall be oonflned In said Institution and all persons who are uow conflned in the' State:Ho%pltal for the Insane who are clas- Bifled by the superintendents of Bald dlf- ferent HOBpltalB for the insane as crlmlnal- ly Insane shall upon proper certlflcate from the superintendent be transferred from Bald Ho%plta1 for the Insane to the State Psycho- pathlo Rospltal.

"sea. 8. . . . that a great many prla- oners have been committed to the various State HOBpitaIB for mental diseases and have escaped, and that escaped insane prisoners are asmeuace to the people of this State.

. . .

A careful reading of the above statutes re- veals a legislative Intent to create within the prison walls a place of incarceration for the crlmlnally ln- sane where they could be adequately cared for and guarded. While the Legislature did not attempt to de- flne speolflcally what It meant by "orlmlnally insane", we believe It fairly Inferable from the above act that they dld mean to include within that classiflcatlon those person% who bave been convicted of a felony and who have subsequently been adjudged insane. From the facts which you have furnished us we have concluded that the three prisoners to whom you refer are within this classification. Therefore, you are advised that under Artiole 6203e, supra, you are authorized to re- tain custody of the three Insane prisoners, at least until such time as they are adjudged Bane.

Hon. 0. B. Ellis - Page 3 (no. v-498)

We note from your request that you assume that the sentences of these three Insane OOnviCtB have "expired". While we find It unnecessary now to pass upon the question of when the sentence of an in- sane felon expires, we refer you to Attorney General'% Opinion Ro. 0-5721,by a former administration, a copy of which is enclosed,which oontalns this statement:

"We are of the opinion that the'fore- going dlBcuB%ion dlSClOBeB a legislative polloy In Texas of not subjecting 1USane person3 to criminal puni.BhmOnt, and that the time spent by an insane in a state hos- pital Should not be Counted on hl% SenteXWe as a crlmlnal."

SUMMARY The authorltle% of the State PriSOn System may retain custody of three convicts who have been adjudged Insane and committed to the State Prison Psychopathic Hospital even though they have been incarcerated for the perFod of thefr sentences. Article 6203e, '7X.9.

Yours very truly ATTORREYGERERALOF TEXAS ABBlBtant I Considered 'and approved in Conference