Texas Attorney General Opinion: JM-212 Page: 2 of 3
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Mr. Robert 0. Viterua - Paga 2 (JM-212)
express authority to contract with private organizations, with the
approval of the sheriff, icr the operation of a low-risk detention
facility. V.T.C.S. art. 51Lid.
Persons convicted and committed to jail may be entitled to
participate in a work releai:e program if a judge so provides in the
sentence. Code Crim. Proc. art. 42.03, 555, 6. The convicted person
is ordered confined during 1:Ls off work hours and on weekends. Except
in cases where probation ha: been granted, we do not believe that a
sentence of confinement may order a person to be detained or confined
in non-jail facilities not operated by the sheriff or under his
supervision.
We do not believe tnat the district or county judges have
authority to operate a detention facility. The only penal punishments
authorized by the Penal Code are the assessment of a fine or
confinement in a county jail. or the Texas Department of Corrections.
See Penal Code, 512.01 (puiLshments). However, as of 1983, a judge
may sentence persons convicn:ed of third degree felonies or offenses
punishable by county jail confinement to serve "an alternate term for
the same period of time in the county jail work release program."
Code Crim. Proc. art. 42.C3, 56(a). A county jail work release
program is not defined by the statute. Any person sentenced to the
county jail work release program pursuant to article 42.03, section 6
of the Code of Criminal Procedure, may have employment secured for him
by the county sheriff. I.T.C.S. art. 5118b. Any person who is
participating in a county work release program is required by article
5118b, section 2, to rema:Ln confined in the county jail or other
facility designated by the sheriff at all times except during periods
of employment. We believe that this requirement precludes the county
judge or district judge frotn operating or maintaining any work release
facility not under the supervision of the county sheriff.
SUMMARY
The Texas Commission on Jail Standards has
supervision over facilities used for the
confinement of prisoners on a work release
program. The district and county court does not
have authority to operate such facilities
independent of the county sheriff.
Very july your
JIM MATTOXAttorney General of Texas
p. 954
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-212, text, October 16, 1984; (https://texashistory.unt.edu/ark:/67531/metapth272652/m1/2/?q=%221984~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.