Untitled Texas Attorney General Opinion

The Attorney General of Texas December 31. 1982 MARK WHITE Attorney General Mr. Robert 0. Viterna Opinion No.MW-559 Supreme Court Building Executive Director P. 0. BOX 12546 Austin, TX. 76711. 2546 Commission on Jail Standards Re: Whether county holding 512/475-2501 P. 0. Box 12985 rooma in separate court Telex 910/674-1367 Austin, Texas 78711 building are part of jail Telecopier 51214750266 Dear Mr. Viterna: 1607 Main St., Suite 1400 Dallas. TX. 75201-4709 You ask whether the Texas Commission on Jail Standards has the 2141742-6944 authority to require that holding cells in county facilities, separate and distinct from the county jail, comply with minimum jail standards. 4624 Alberta Ave., Suite 160 El Paso. TX. 79905-2793 Article 2351. V.T.C.S., enumerates the general powers and 915/533-3464 responsibilities of the county commissioners and requires that they "provide and keep in repair court houses, jails and all necessary public buildings." Article 6872, V.T.C.S., provides that "sheriffs 1220 Dallas Ave., Suite 202 shall have charge and control of the court houses of their respective Houston. TX. 77002.6966 7131650.0666 counties, subject to such regulations as the commissioners court may prescribe...." The specific duties of the county commissioners and the sheriff with respect to their county jails are governed by article 606 Broadway. Suite 312 5115.1, V.T.C.S., which created the Texas Commission on Jail Lubbock, TX. 79401.3479 Standards. This statute authorizes the Commission on Jail Standards 60+1747-5236 to formulate and enforce minimum jail standards against the county sheriff and county commissioners for the care, custody,and treatment 4309 N. Tenth, Suite B of prisoners and for county jail construction, maintenance, and McAlle”, TX. 76501-1685 operation. Article 5115.1, V.T.C.S., in section 2 defines a county 5121662.4547 jail as "any jail, lockup, or other facility that is operated by or for a county for the confinement of persons accused or convicted of an 200 Main Plaza, Suite 400 offense." San Antonio. TX. 762052797 5121225-4191 A statute should be given a fair and sensible construction in order to carry out the purpose for which it was enacted and should not An Equal Opportunityl be construed in such a manner as to nullify or defeat its purpose. Affirmative Action Employer Citizens Bank of Bryan V. First State Bank of Hearne, 580 S.W.2d 344, 348 (Tex. 1979); Salas V. State, 592 S.W.2d 653, 655 (Tex. Civ. App. - Austin 1979, no writ); Lopez V. Ramires, 558 S.W.2d 954, 957 (Tex. Civ. App. - San Antonio 1977, no writ). The enactment of article 5115.1, V.T.C.S., makes clear the legislative intent that the Texas Commission on Jail Standards improve conditions of confinement for county jail inmates. See Texas -- p. 2050 Mr. Robert 0. Viterna - Page 2 (Mw-559) Legislative Council, Statutory Standards and Present Conditions in Texas Jails, Report No. 62-2 (1973). The legislative intent to improve the conditions of confinement for county jail inmates coupled wi;h the broad definition of "county jail" leads to the conclusion that the Jail Commission has statutory authority to regulate the conditions of confinement for inmates in a county's custody wherever they are confined. This would include holding cells whether they be a part of the jail facility itself or located elsewhere. As long as a county is utilizing a facility, even if it is a one-room holding cell in a court's building distinct from the jail, the sheriff and the commissioners court would be subject to the provisions of article 5115.1, V.T.C.S., and the minimum jail standards promulgated by the Texas Commission on Jail Standards in the operation and maintenance of that facility. SUMMARY The Texas Commission on Jail Standards is authorized under article 5115.1, V.T.C.S., to require that holding cells in county facilities, separate and distinct from the county jail, comply with minimum jail standards. MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR. First Assistant Attorney General RICHARD E. GRAY III Executive Assistant Attorney General Prepared by Mary Noel Golder Assistant Attorney General APPROVED: OPINION COMMITTEE Susan L. Garrison, Chairman Jon Bible Rick Gilpin Patricia Hinojosa Jim Moellinger p. 2051