Untitled Texas Attorney General Opinion

February 28, 1972 Honorable Joe Resweber Opinion No. M-1086 .County Attorney Harris County Courthouse Re: Whether the Harris County Houston, Texas 77002 Commissioners Court has authority to enter into a contract with the Harris County Pre-Trial Release Agency for the furnishing of background information to be used by the appro- priate officer in setting Dear Mr. Resweber: bail. you have asked our opinion whether the Harris County Commiasioners Court has authority to enter into a contract withthe Harris County Pre-Trial Release Agency, an organi- zation that proposes to investigate the background of pris- oners so that recommendations as to the appropriate amount of bond can be formulated. The stated purpose and function of the Agency is as follows: "The purpose of this project is to establish in Harris County a program under which certain categories of prisoners may be released from jail pending trial, either on personal bond or on a lower bond than might otherwise be re- quired. Generally, all persons arrested (ex- cept certain categories, such as homicide, armed robbery, narcotics and sex crimes) will be interviewed shortly after arrest. The in- terview is voluntary. It will ascertain the prisoner's prior criminal record, family job, (sic) stability, residential stability, community ties, i.e., all information tending to show whether a prisoner will appear for trial. The information will be verified by project personnel. Results of the interview will be graded, and if -5306- . Honorable Joe Resweber, page 2 (M-1086) favorable, the prisoner will be recommended for release. Before release, he must provide an ad- dress at which he can be notified of trial date, must promise to appear for trial or if otherwise needed in Court or by the police. "The program will return prisoners to their families and jobs pending trial, relieves jail 'overcrowding and inspires confidence in the criminal justice system by releasing those who are good risks who might otherwise remain in jail pending trial because of inability to raise bail money." The power, authority and jurisdiction of the county Com- missioners Court extends to such business of the county as is entrusted to it by the Constitution of Texas and by legis- lative enactment. Article 5, Section 18, Texas Constitution. Article 2351, Section 15 , provides that the Commissioners Court shall have all such other powers and jurisdiction, and shall perform all such other duties, as are now or may here- after be prescribed by law. Article 2372p-1, Sections 1 and 3, Vernon's Civil Statutes provides as follows: "Sec. 1. For the purpose of providing timely and effective assistance of counsel to those per- sons accused of crime and who are financially un- able to employ counsel on their own, the commis- sioners court of any county in this state having a population of more than 1,200,000, according to the last preceding federal census, may contract with some already established bar association, nonprofit corporation, nonprofit trust associa- tion or any other nonprofit entity (which has for its purpose the providing of timely effective as- sistance of counsel for the indigent accused of crime) tom assist the courts in providing the time- ly and effective assistance of counsel. "Sec. 2. . . . "Sec. 3. Likewise, for the purpose of pro- viding the judge before whom a criminal case is -5307- Honorable Joe Resweber, page 3 .:: (M-1086) pending the information necessary for making a proper _determination __. as to whether or _. not the _ accused should be released on personal bond as authorized by Article 17.03, Code of Criminal Pro- cedure, 1965; the commissioners court of any such county may contract with such above named entity to interview the accused, to verify the information given, to make the appropriate recommendation as to release to 'the judge of the court where the case is pending, and, if the accused is released on his per- sonal bond, to assure the judge of the court that such entity will assist in securing the presence of the accused at his trial." (Emphasis Added.) Accordingly, the Commissioners Court of Harris County has statutory authority to enter into this contract described in your opinion request. Article 2372p-1 applies to those counties attaining a population of more than 1,200,000, which would also include at least Dallas County at this time. We have been furnished with no facts showing any constitutional infirmity and thus presume that the statute is valid. It is not on its face a special law and is not so framed as to ex- clude nrobabilitv that it would auulv to other counties in the future. Bexar County v. Tynan; i28 Tex. 223, 97 S.W.2d 467 (1936). SUMMARY The Harris County Commissioners Court may enter into a contract with the Harris County Pre-Trial Release Agency whereby the Agency obtains pertinent information to be furnished to the Court in which a case is pending so that a more meaningful deter- mination as to the amount of ond can be made. s very truly, I ney General of Texas Prepared by Lonny F. Zwiener Assistant Attorney General -5308- Honorable Joe Resweber, page 4 (M-1086) APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Jay Floyd Bob Lattimore Bart Boling Max Hamilton SAMUEL D. MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant -5309-