June 1, 1951.
Ron. Larry 0. CO%
Executive Director
Board for Texas State Hospitals
and Special Schools
Austin, Texas Oplalon NO. v-1179
Re: Legality of requiring pay-
ment for board and treat-
ment of non-indigent hos-
pital Inmates found Insane
subsequent to conviction
Dear Sir: or Indictment for a crime.
your request for an opinion reads, In part,
as follows:
“We desire the opltilon of goti office
regarding the legality of assessing board
and treatment charges against the estate
and/or responsible‘relatives of a patient
at the Terre11 State Hospital who has crlm-
inal charges pending sgai,nst him or who has
previously been convicted of a crime but Is
not at the present time amenable to punlsh-
ment because of a jury finding that he is
Insane.”
Articles 3184-3201, Inclusive, Vernon's Civil
Statutes, make complete provisions for State Eospitals
and the admission of patients thereto. In particular,
Article 3196a provides, in part:
“Section 1. Patients adlaitted to State
hospitals and State psychopathic hospitals
shall be of tvo classes, to wit:
“Indigent patients;
‘Ron-indigent patients;
“Indigent patients are those who possess
no property of any kind nor have anyone le-
gally responsible for their support, and
who are unable to reimburse the State. This
class shall be supported at the expense of
the State.
Hon. Larry 0. Cox, Page 2, (V-1179).
“Non-Indigent patients are those aho
possess some property out of vhlch the
State may be reimbursed, or who have some-
one legally liable for their support. This
class shall be kept and maintained at the
expense of the State, as in the first in-
stance, but in such cases the State shall
have the right to be reimbursed for the
support, maintenance, and treatment of
such patients.
“Sec. 2. Where the patient has no
sufficient estate of his own, he shall
be maintained at the expense:
“Of the husband or wife of such per-
son, if able to do so;
“Of the father or mother of such per-
son, if able to do so.”
In providing reimbursement for patients, no
distinction is made between patients who are not con-
victed or who do not stand Indicted for a crime and
those who are convicted or who do stand Indicted for
a crime.
Articles 5550+561a, inclusive, set out lu-
nacy proceedings for persons not charged with a crlm-
inal offense. Articles 921-932, Inclusive, Vernon’s
Code of Criminal Procedure, provide for Insanity pro-
ceedings where a defendant becomes insane after con-
viction. Article 927, V.C.C.P., provides that the
county judge shall “take the necessary steps to have
the defendant confined In the lunatic asylum until
he becomes sane.’ Article 932a, V.C.C.P., provides
for proceedings where a plea of insanity Is inter-
posed on behalf of the defendant at the trial for an
offense. This article directs the county judge to
have an insane defendant ‘cossaitted to and confined
in a State hospital for the insane until he becomes
sane. ’ Article 6203e, V.C.S., provides for the State
Prison Psychopathic Hospital at Huntsville, Texas.
Article 3186a, V.C.S., provides procedure and venue
for trial of convicts vho become Insane in the State
Penitentiary. After reading these various provisions,
we see that once a person charged with or convicted
of a crime is admitted Into a State Hospital, no le-
gal distinction Is made among patients other than that
they are classified as either indigent or non-indigent.
.
Hon. Larry 0. Cox, Page 3, (v-1179)*
We have seen that non-indigent patients
~_ ._ -..are
those who possess some property out of which the State
may be reimbursed or who have aomeone legally liable
for their support; that the State shall have the right
to be reimbursed for the support, maintenance, and
treatment of such patients; and that persons charge-
able with the expenses of a patient are the husband
or wife, father or mother of such person, If able to
contribute to his support. Whether a patient Is non-
Indigent Is a question of fact to be determined from
the facts and clrcumstanceg in each Individual case.
It Is our opinion, therefore, that you may
legally charge for the support, maintenance, and
treatment of non-indigent hospital inmates who have
been found insane subsequent to conviction or indict-
ment for a crime.
The Board for Texas State Hospitals
and Special Schools has authority to re-
quire payment for board and treatment of
non-indigent hospital Inmates who are ad-
judged to be insane and placed in a State
Hospital subsequent to their conviction
or Indictment for a crime.
APPROVED: Yours very truly,
Bed McDaniel PRICE DANIEL
State Affairs Division Attorney General
Jesse P. Luton, Jr.
Reviewing AsslsFant
m
Charles D. Mathews
First Assistant
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