The Attorney General of Texas
November 30, 1981
MARK WHITE
Attorney General
SUprE”W &.,,,I BUildhQ Mr. Robert 0. Viterna Opinion No. MN-398
P. 0. BOX 12549 Rxecutive Director
Austin, TX. 78711 Texas Commission on Jail Standards Re: Whether article 5115.1,
5121475-2501 P. 0. Box 12985 V.,T.C.S.,authorizes the Texas
Telex 91OlS74.1367
Austin, Texas 78711 Commission on Jail Standards
Telecopier 5121475-0266
to require a county to accept
prisoners from a county jail
1607 Main St., Suite 1400 which fails to comply with
Dallas, TX. 75201 minimum jail standards
21417428944
Dear Mr. Viterna:
4824 Alberta Ave., Suite 160
El Paso. TX. 79905 You ask whether the Texas Commission on Jail Standards has the
81515335484 authority to require that a county accept prisoners from a county
which has been found in noncompliance with minimum jail standards and
1220 Dallas Ave., Suite 202 against which an order has been issued by the commission prohibiting
Houston, TX. 77W2 confinement of prisoners in that county's detention facilities.
713/6500868
It is clear from the legislative history of article 5115.1,
606 Broadway, Suite 312
V.T.C.S.. that the Texas Legislature created the Texas Commission on
Lubbock. TX. 79401 Jail Standards in 1975 for the purpose of improving conditions in
8061747~5239 county jails by formulating and enforcing minimum standards for jail
construction. maintenance and operation and for the care, custody and
treatment of prisoners. See Texas Legislative Council, Statutory
4309 N. Tenth, Suite S
McAllen, TX. 78501
Standards and Present Conditions in Texas Jails, Report No. 62-2
5126924547 (1973).
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,
An Equal Opportunity/ the commission mYY by order, prohibit the
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.
p. 1352
Mr. Robert 0. Viterna - Page 2 (MW-398)
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
p. 1353
Mr. Robert 0. Viterna - Page 3 (MW-398)
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