R-I.33
THE ATTORNEY GENERAL
OF TEXAS
Auyrm H. TEJCAS
PRICE DANIEL
ATTORNEYGENERAL ,,. .~- 6, 1947.
Eon. Carloe 0. Ashley, Chalxman
state Board Of~Ccptrol'
Aua tin, Texas
opinion HO. v-65
Rer Guthorltgof the Superintsudent
'ofthe Terre11State Hospital
to readmita patientto the
Terre11State Hospitalwho has
been discharged,without the
fomalities of another trial.
Dear Sir:
We are in reoeiptof your requestfor an opinionupon the above
titled subjeotmatterand quote from your letteras follows:
"In Bovember,1936, a patientwas duly comalttedto the
Term11 State HospitalfYcm Dallas County. Thereafterthis
patientwas furlou#md frceisaid hospital in December, 1943,
and was ultimatelyreturnedand discharged'from said hospital
In September,1945. We are now advisedthat this person is
in need of furtherhospitalization at one of our state hospitals,
and we have been requestedby the County Judge of Dallas Mty
to advise the Superintendentof the Terre11State Hospitalto
accept this patlentat the Terre11State Hospitalwithout the
fomalltles of anothertrial."
Chapter266, Senate Bill Ho. 46, of the RegularSession of the
48th Legislature,to whiah you refer, providesa8 follows:
"The superintendentof any institution, after the examination
as hereinafterprovided,may permit any inmatethereoftemporarily
to leave such lnstltutlonIn charSe of his guardian,relatives,
friends,or by himself,for a period not exaeedingtwelvemonths,
and may receivehim when returnedby any suoh &ardI.au,relative,
friend,or upon his owu application,wlthin such perlod,without
any furtherorder of oommitnent;but no patient,who has been
chargedwftb or oonvictedof scrmeoffenseend been adjudgadinsane
in accordancewith the provisionsof the code of orQnlua1proee-
dure, shall be penuittedto tempore~ilyleave such institution
under any olraumstauoes.The superintendent may requireas a
conditionof such leave of abaeuae,that the person in whoee aharg
the patient Is penuittedto leave the inetltutlm shallmake reports
to him of the patientiscondition+ Any such superintendent, guardian,
relativeor friendmay terminatesuch leave of absenceat any time
Eon; carh C. ~&by, Pige 2 v-65
and authorize the arrest and return of the patient. Any peace
officerof this state shall cause such patient to be arrested
and returnedupon the request of any suoh euperintendent,
~guardisn,relativeor friend. ‘Juaypatient,emept swh as dare
o@rged with or oonvlotedof .sme offenee, who has been adjudged
Inmane in awordanoe with the provleioProf the oode of oriml-
nal prooedure, who has returned to the institution at the expir-
ation of tvelvemonths may be wauted e+nadditional leave of not
to exoeed ,$woyesre, by the euperintmdent,or upon hi” room-
mendaMon.”
Ar$ic,le55.52,
of +r$Ws Civil Statutespresorlbesthe issues
of fact to be deterpllpedbefore the county judge upon a proceedingto
ocmait a patient. Article 5553 directs that upon certain negative itid-
ings with respectto the patient’ssanity,the defendantwill be dis-
charged.
Our State.,Hoepitals
are staffedwith competentphysiciansand
psychiatrists appropriate to the needs of such institutions. In the
nature of euch things, patients are oommitted to these institutions --
not for a definitetenu -- but for treatmentand oare until they die
or have been, disohargd as cured. As we have already seen, there are
proviafons for leaves of absenae, but these provisions~aooentuate ‘the
purpose of the commitment as above euggested.
While there is no express statute authorizing a final disoharge :
and therefore termination of the Institution’s custody, ti-eatznent, and
0-e of the patient,neverthelma, such power is implioitIn the general
plan of the state’s oare of the unfortunates.
It is the opinionof this departmentwhen suoh patienthas been
finallydiscbargedby the hospital,suoh patientcannotbe again admitted
exoeptupon trial as in the first place for comnitment.
oopy of which
We followOpinionHo. O-685 by this deparixnent,
we 6pcloae.
‘1. Uhere a patienthas been duly tried aud owimlttedto
TerrellState Hoepital,end has been duly dischargedtherefrom,
euoh patient oannot thereafter ‘be lawfully readmitted by the
hospitalwithouta nek prooeedingand anotherommltmut as III
the f,Mt plaoe required.
APPROVED MA% 6, 1947 Yours very truly
/ml Prioe Daniel ATKIRNEYGENERAL op w )N
A- GXKEBAL By /e/ boie Speer
Ooie Spear
OS:aomxjrb AB6istant
APPRom OPRUOn cm BY BUB, ChaIrman