The Attorney General of Texas
November 4, 1981
MARK WHITE
OVERRULES IN PART BY JM-314
Attorney General
Supreme Court Building
Honorable W. J. Estelle, Jr. opinion No.M+382
P. 0. Box 12548 Director
Austin. TX. 78711 Texas Department of Corrections Re: Classification of inmates
5121475-2501 P. 0. Box 99 as state approved trusties
Telex 910,874.,367
Huntsville, Texas 77340
Telecopier 5121475-0266
Dear Mr. Estelle:
1607 Main St., Suite 1400
Dallas, TX. 75201 You have asked our opinion concerning the authority of the Texas
2141742-8944
Department of Corrections to classify certain inmates as trusties.
Your first question is:
4824 Alberta Ave., Suite 160
El Paso, TX. 79905 Does the Texas Department of Corrections have the
91515333484 discretion to classify an inmate who has served a
portion of the Texas sentence in the actual
1220 Dallas Ave., Suite 202
custody of federal authorities, another state's
Houston, TX. 77002 penitentiary or a jail, as a state approved
7131650-0886 trusty?
Article 6184a, V.T.C.S., provides in pertinent part:
806 Broadway, Suite 312
Lubbock, TX. 79401
8061747.5238 Any person serving a prison sentence of one
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
5121682-4547
ranks, and not before....
Article 6184~1,V.T.C.S., permits the appointment of an inmate as
200 Main Plaza, Suite 400 trusty only after he has served three months "in the ranks." In our
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
An Equal Opporfunityl after they reach the pris00. The statute providing for the
Affirmative Action Employer appointment of trusties was enacted after the statute requiring
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
p. 1292
.
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:
Does the Texas Department of Corrections have the
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
p. 1293
. .
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
p. 1294