August 16, 1947 Hon. Hall H. Logan, Chairman, State Board of Control, opinion NO. v-349 Austin, TexaB Re: Disposition of psy- chiatrio patients from prison system. Dear Sir: Your letter requesting an opinion upon the above subjeot matter contains the follOWing inforination: “The Superintendent of our Rusk State Hospital, in whose district is lo- oated the Hunteville Prison, haa brought to UB the matter of admleaion of patienta who have been adjudged insane by the oourte of Walker County who are prisoners or the Texas Prison SyEhem. "We have thirteen of these 08888 pending and I have been informed that there are approximately ilftg more. We have in the past taken a limited number y’,t;e&e and the Superintendent atatee: group I have taken I find that it takea ex- tra employeea a8 we have three who would not hesitate to do harm to anyone . . .I We requeet your opinion a8 to wheth- er our hoepital should be required to take these inmates when two gears ago there ‘1188 built at the Prison System a hospital for peyohlatrlo patients, but at that time there waa no appropriation for payohl,atrlete. Ef- reotlve September 1, 1947, in the New House Bill the Prleon System will receive an appro- priation for payohlatriets.W There has been no court opinion touching the subject matter of your inquiry; but this Department, in Opfn1on No. O-7460, under date of December 20, 1946, ad- dressed to FIon. D. W. Stakes, General Manager, Texas Hon. Hall H. Logan - Page 2 (V-349) Prison System, forecast the answer to be given. It was stated in that opinion: “Although there may be a hospital within the prison walls suitable for the housing of insane, it is not properly staffed as called for in Article 6203e, end therefore for all practical purposes it is not the State Prison Psychopathic Hospital as contemplated by Article 6203e. “It is the further opinion of this Department that until the hospital is properly staffed and equipped all insane persons should be sent to a state hospi- tal in accordance with Article 3186a, V.A.O.S., and Article 932a, V.C.C.P.*’ At the time that opinion was written the State Prison Psychopathic Hospital, created under Se& ate Bill no. 170 of the 42nd Legislature, had not been staffed and equipped for the care of insane inmates of the penitentiary, which fact controlled the advice. That condition continues to exist. Henoe, until Sep- tember 1, 1947, you will be guided by Opinion 0-7460. As stated by you, the appropriation for the Texas Prison System for the coming biennium carries an item for a psychiatrist. (Acts 1947, S. B. 391, ch. 400, Vernon’s Session Service, p. 897, item 23). You are therefore advised that effective September 1, 1947, Section 1 of Article 6203e of Ver- non’s Civil Statutes controls the answer to your ques- tion. It is there provided: “There shall be built, established and maintained as a part of the Prison System of Texas an institution for the examination, obaervation, treatment and incarceration of all persons who have been convicted of felony, who have been duly adjudged insane by any competent court at law in the State of ,Texas; and, who have been acquitted by a court of oompetent jurisdiction upon the grounds Hon. Hall H. Logan - Page 3 (V-349) of insanity; said institution to be known as the State Prison Psychopathic Hospital.*7 The State Prison Psychopathic Hospital has been established and constructed. On September 1, 1947 it will be staffed for the "examination, observation, treatment and incarceration*f of such patients as you mention.. Hence it will become on September 1, 1947, the proper place for such persons rather than the other men- tal hospitals maintained by the State. The State Prison Psychopathic Hos- pital established and maintained under Senate Bill 170 of the l+2nd Legislature upon September 1, 1947 will become the proper place for the detention and treat- ment of patients from the State Prison System. Until that date, such patients should be sent to a state hospital. Opinion o-7460. Yours very truly, ATTGREEYGENERALOF TEXAS By /s/ Ocie Speer Ocie Speer 0S:wb:jrb Assistant APPROVED: /s/ Fagan Dickson Fagan Dickson FIRST ASSISTANT