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