February 20, 1939
Hon. Fred Erlsman
Distrlot Attorney
km&v 1st~, Texas
Dear Sir:
opinion No. 0-338
Rr: Proper oredit for
jail time
Your request for an opinion on the following
quest ions :
“1. When a defendant has been oonvlcted
in the County Court, and his punishment assessed
at oonfinement in the County Jell, oan the costs
of oourt be discharged st the rate ot three dol-
lars ($3.00) per day, or must the oosts be oom-
puted on a basis of one dollar ($1.00) for eaoh
day of Imprisonment?
wZ. When a defendant has been oonvloted
In the County Court, and his punishment as-
aessed at a rlne only, oan the costs of oourt
be disoharged at the rate of three dollars ((3.00)
per day, or must the costs be Satisfied on a basis
of one dollar ($1.00) for each day of lmprison-
ment?
n3. ’h~hena defendant has been oonvloted
in the County Court, and his punishment assessed
at oonfinement In jail, and by fine, what oredit
oan be given on such fine and costs for eaoh day
of confinement?
V. When a defendant has been oonvlcted
in the District Court for a felony, and punish-
ment Is by fine (as in chioken theft oases etc.)
what credit oan be eiven on such fine and costs
for eaoh day of lmprlsonment?n
has been received by this office.
lion. Fred Erlsman, February 20, 1939, Page 2
Artiolo 793, Code of Criminal Prooedure, as
amended by the 45th Legislature, 1st Called Session, 1937,
provides generally that when a detendant Is oonvloted of
a misdemeanor and his punishment is assessed at a peounlary
fins, If he is unable to pay the fine and oosts adjudged
against him ho may for suoh time as will satisfy the judg-
ment, be put to work in the work-house or on the oounty
farm or publio improvements oi the oounty, as provided in
Art$ole 794 end 794a, Code of Criminal Procedure, or, if
there be no suoh work-house or farm or improvements, he
shall be Imprisoned In jail for a sufflolent length of
time to disoharge the full amount of fine or costs ad-
udged apalnst him, rating such labor or imprisonment at
4 3.00 for eaoh day thereor.. This Artiole also provides
that the Commissioners1 Court of eaoh oounty, as defined
by population braokets, shall at any regular or special
term, by order made and entered in the minutes of the
oourt, determine the rate o? wages to be paid convicts
in their respeotlve oountles for labor or imprisonment
at not less then $1.00 per day nor more than $3.00 per
day.
We are informed by the Comptroller’s Department
that the population of Gregg County, aooordlng to the last
Federal oensus, was 15,778. Therefore, Gregg County does
not oome within the population bracket as set out in this
statute and would be poverned by the statute as It arplles
to those oountles not oomln. wlthln the designated popula-
tion brackets rhloh allows %3.00 per day for labor or lmpri-
sonment for convicts who dlsoharga their fines and costs
by labor performed in aocordanoe with the statute, or serves
a suf*“foient length of time In jail to disoharge their
fines and oo8ts.
Artloles 794b and 7946, Code of Criminal Prooedure,
provide that oonviots in oertaln counties oomin
oertsln population brackets who either lay the1 $ EEout
in jail or work such fines out on the oounty farm, oounty
roads or other public works, shall reoelve a credit there-
for of $1.00 per day for each day worked or spent In Jail.
Xowever, Greg? County does not come within the populstion
bracket as speolfled in these articles. Therefore, they
would not be applloable to Greee County.
Article 704, Code of Criminal Procedure, reads as
r0110ws:
“If the punishment is %ny other thsn a fine,
Hon. Fred Erllman, February 20, 1939, Pago 3
the judgment shall speolfy It, and order it
enforoed by the proper process. It shall
also adjudge the oosts against the defendant,
and order the oolleotion thereof as in other
oases.W
Aftlole 920, Code of Crlmlnal Prooedure, ap-
plies only to defendants who are oonvloted in justioe
oourts and has no applioation to oounty oourt oases.
%;o are informed by your letter that Gregg
County does not maintain a work-house or farm and that
prisoners are not worked on roads or pub110 improvementd.
We rind no speolal statute which removes or
prohibits your county from oomlng under the eeneral law
as applicable to the questions submitted in your inquiry.
In view of the foreeoinp stetutes, you are re-
speottully advised that it is the oplnlon of this Depart-
ment that when a defendant has bean oonvloted in county
oourt and his punishment assessed at imprisonment in the
oounty jail or his punishment assessed by fine only, or
where his punishment Is’ assessed at confinement in jail
and by fine and where a defendant has been oonvioted in
the dlstrlot Court for a felony and punishment 1s by
fine, that the oosts in these oases and the fine, if any,
must be oomputed on a basis of $3.00 per day for each
day of imprisonment.
Trusting that the foregoing answers your ln-
qulry, we remain
Very truly yours
ATTORNEYGENERALOF TEXAS
(St?nd) Ardell 3lliams
AW:AW Ardell ‘Nlllisms
Assistant
APPROQED :
(Sipned) Gerald 0. Yann
ATTORNEYGENERAL OF TEXAS
Untitled Texas Attorney General Opinion
Combined Opinion