Untitled Texas Attorney General Opinion

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 vFT:EGT: jmc