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 expirationdate
of these three men. I find In our files 'a
ruling of your d~epartmentthat the austody
of insane criminals is a responsibilityof
the Prison System for the duration of their
sentences.
'I would appreoiatean opinion from you
as to what authority I have to hold these
men beyond their explratlondate. 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 acoordanoewith the provisions
of Article p86a, v.C.S., and were committed to the State
Prison Psych,opath&Xospltal before their sentences had
expired.
Arti.cle62038, V.C.S., provides in part as fbl,-
lows:
"Section 1. That there shall be buFlt,
establishedand maintained,as a part of the
Prison System of TeMB, an Institution fOP
the examination,observation,treatment and
. -
-.
Hon. 0. B. gIIl% - Page 2 (No. v-498)
Incarcerationof 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 jurisdictionupon
the ground% of insanity; sa.ldinstitu-
tion to be known as the State Prison
P%yChop%thlchOBpita1.
"Sec. 4. When any person shall be
confined In any jail, asylum or other ln-
atltutlon of.confinement,who 1% charged
by indictmentand has been convicted of
felony In this State and who has been duly
adjudged Insane by a Court of Competent
Juri%dlctlon,~uponthe grounds of insanity
shall be oonflned In said Institutionand
all persons who are uow conflned in the'
State:Ho%pltalfor the Insane who are clas-
Bifled by the superintendentsof Bald dlf-
ferent HOBpltalB for the insane as crlmlnal-
ly Insane shall upon proper certlflcatefrom
the superintendentbe transferredfrom 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 legislativeIntent to create within the prison
walls a place of incarcerationfor the crlmlnally ln-
sane where they could be adequately cared for and
guarded. While the Legislaturedid not attempt to de-
flne speolflcallywhat It meant by "orlmlnallyinsane",
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 subsequentlybeen 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 unnecessarynow 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,whichoontalns 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 PsychopathicHospital
even though they have been incarceratedfor
the perFod of thefr sentences. Article
6203e, '7X.9.
Yours very truly
ATTORREYGERERALOF TEXAS
ABBlBtant
I
Considered'andapproved in Conference