Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Halfway house is not imprisonment for purposes of professional license revocation statutesGA-0064
Inmates, use of as "volunteers" in dog tracking exercisesLO90-064
Juvenile detention facility, 18 to 21 year old wards of Texas Youth Commission may not be detained inDM-0038
Persons arrested by deputy constables for state-law violations, city council may prohibit the use of the municipal jail as a holding facility while arrested persons wait to appear before a magistrate, to post bond, or to be transported to a county facilitGA-0166
Work program facility may be owned and operated by a city or county, but not by Texas Department of Criminal JusticeDM-0233
Authority to supervise inmates being held in courthouse holding cells, as the agency charged with adopting reasonable rules and procedures establishing minimum standards for the custody, care and treatment of prisoners, the Texas Commission on Jail Standards must determine, in the first instance, whether bailiffs have the GA-0692
Bail bond referral telephone number, posting in detention facilitiesGA-0381
Bail bond surety referral telephone number, posting in detention facilitiesGA-0381
Benefit of inmates, funds received by sheriff that are attributable to operation of jail commissary are to be used forDM-0067
Charity care or services entitling health care professional to state indemnification, whether part-time employment with county jail constitutesDM-0098
Commissary account, a county may enforce a county-jail inmate’s obligation to reimburse the county for medical, dental, and health-related services received during a previous incarceration by deducting the amount from funds in the inmate’s during a subsequent incarceration GA-0534
Commissary accounts are subject to oversight by the county commissioners court through annual examinations of the accounts by the county auditorGA-1094
Commissary fund, interest accrued on is not severed from the fund pursuant to Local Government Code section 113.021GA-0791
Commissary proceeds, purchases to be paid from need not be competitively procuredJC-0122
Commissary, funds generated by operation of do not belong to the county for purposes of Local Government Code section 113.021GA-0791
Commissary, sheriff must accept new bids on contract to operate every five yearsLO98-071
Commitment order, responsibility of sheriff for prisoner hospitalized as a result of an arrest by another law enforcement agency begins with issuance of commitment order by magistrateJC-0312
Contempt, justice court may not order child to be confined for a term of detention forJC-0454
Cost of feeding prisoners in county jail, as regular and continuing expense of sheriff's office, must be subject to ordinary county budgeting processLO98-023
County jail may be built anywhere within the countyDM-0120
County jail, authority of sheriff to accept fee from private organization that contracts with sheriff's county to operateGA-0760
County jail, authority to control is vested in the commissioners court, the sheriff, and the Texas Commission on Jail Standards GA-0504
Design/build contract including architectural services, county is authorized to enter into with private vendor to design and construct detention facilityLO96-117
Detention of child transferred to criminal court for prosecution who is under the age of seventeen years separately from adult detainees, article 4.19 of the Code of Criminal Procedure does not authorizeGA-0927
Eighth or Fourteenth Amendment rights of county prisoners, commissioners court may not refuse to enter into contracts if such refusal will violateLO98-072
Electronic monitoring program separate from that established by a community supervision and corrections department under Code of Criminal Procedure article 42.035(a), a county commissioners court has no authority to establishGA-0683
Extradition requisition - Pursuant to Code of Criminal Procedure articles 51.09 and 51.13, a person commissioned by the Governor in an extradition requisition to receive and return an out-of-state arrestee back to the county in which the offense was allegedly committed has the duty to carry out that responsibility. The actual and necessary expenses of a person so commissioned may be paid pursuant to Code of Criminal Procedure article 51.10 or article 51.13, section 24.KP-067
Federal inmate trust accounts in county jail housing federal inmates pursuant to contract, whether interest may be used for benefit of inmate populationLO97-108
Federal prisoners, sheriff is not authorized to contract with the United States Marshals Service to house federal prisoners in the county jailGA-0229
Fire sprinkler heads, Commission on Jail Standards may examine jail construction documents as well as existing jail facilities to determine where to placeJC-0429
Health care for indigent inmate, responsibility to provideDM-0380
Health care professional employed part-time by county jail, whether entitled to state representation and indemnificationDM-0098
Independent authority of sheriff, commissioners court may not interfere with by limiting number of jail prisoners sheriff may "farm out"LO98-072
Indigent district residents incarcerated in county jail, Karnes County Hospital District Board of Directors has authority to determine health care services to be provided toLO93-100
Inmate property in county jail, county auditor has authority to access to investigate the accuracy of inmate property receipts subject to a sheriff's reasonable conditions for withholding that accessGA-1002
Inmate telephone fund, proceeds generated from, should be paid into the county treasury and may be used for any legitimate purposeGA-0059
Inmate's medical expenses, county liable for when inmate not indigentDM-0413
Inspection by Commission on Jail Standards, frequency ofLO96-046
Jail commissary accounts, county auditor is authorized to reviewDM-0067
Jail commissary, authority to sell items to persons other than inmatesLO97-071
Jail food service, commissioners court's authority to interfere with sheriff's food selectionLO96-017
Jail inmates not residents of county of incarceration, hospital district or public hospital service area (or county) of residence responsible for health careDM-0225
Jail inmates who are indigent residents of county of incarceration, health care is responsibility of hospital district of county of incarcerationDM-0225
Jurisdiction of the Commission on Jail Standards, all county facilities used for confinement of county prisoners are subject toDM-0024
Juvenile, judge may order held in detention facility outside countyLO92-003
Labor of inmate, a county jail inmate may not be employed privately by county jail personnelGA-0117
Medical care, inmate does not have the right to choose a medical provider, but an inmate's refusal to use the provider designated by the sheriff does not necessarily constitute a refusal of medical careGA-0042
Medical services for inmates, commissioners court has authority to contract with physician to provide but sheriff may scheduleDM-0111
Misdemeanant, county jail need not hold upon discharge of misdemeanor sentence for transfer to state prison for county that previously had convicted person of felonyLO96-068
Non-secure detention facilities, neither status offender nor nonoffenders may be detained inJC-0454
Operation of jail commissary, commissioners court may not interfere with sheriff's exercise of discretion in contracting forDM-0067
Pay telephones in county jails, proceeds from should be paid into county treasuryDM-0019
Personal bond, authority of criminal judges to order cities to post signs concerningGA-0381
Prisoners in county jail may not be used to cut trees on private land in exchange for payment to county of proceeds from sale of woodLO96-085
Professional management agreement with private corporation to manage county law-enforcement center, management team members are not county employees; reimbursement of private corporation's contributions to corporate stock-option plan pursuant to agreementLO90-094
Revenue from the sale of prepaid phone cards in the county jail commissary should be credited to the sheriff for the use of county jail inmates rather than to the general fund of the countyGA-0814
Safe and suitable jails, commissioners court obliged to provide and bound by operating rules of Commission on Jail StandardsLO98-072
Sale and leaseback or lease and leaseback of property to acquire a thermal energy plant in connection with a jail facility, a county does not have implied authority to enter into aGA-0070
Sheriff may decide where to place inmates' money for safekeeping subject to regulation by county auditorDM-0282
Sheriff may make expenditures from proceeds of commissary fund only to fulfill purposes described in section 351.0415, Local Government Code, but initial determination is with sheriffGA-0901
Sheriff, authority of, a sheriff has the authority to deduct costs incurred for damage to jail property for the commissary account of a prisoner that is found liable for the damage in an institutional due process hearing. However, the sheriff must first GA-0329
Single cell and dormitory requirements for county jails, Commission on Jail Standards has authority to establish reasonable standards for design of ancillary facilities which depart fromDM-0024
Solicitation by sureties, applicability of chapter 1704 of the Occupations Code to personal bond officeGA-0381
State compensation to counties for holding inmates in county jail applies to convicted felons awaiting transfer to state boot camp program but not to substance abuse felony programLO94-062
Telephone services for inmates, Commission on Jail Standards does not have authority to include as part of jail commissary servicesLO96-032
Telephone services to county jail inmates, the commissioners court, not the sheriff, is empowered to enter into contract with private vendor to provideLO97-030
Use of commissary funds under Local Government Code section 351.0415GA-1094
Voice Over Internet Protocol services "VOIP" - No Texas statute or administrative rule expressly prohibits a county from offering inmates VOIP services; provision of VOIP services must comply with the Commission on Jail Standards requirements for inmate telephone services as well as any other applicable state and federal regulationsGA-1041
Private Facilities
Commission on Jail Standards has continuing duty to monitor private detention facilityDM-0086
Commission on Jail Standards lacks authority to regulate or inspect penal institution housing only federal prisoners, even if municipality operates facility under an agreement with Federal Bureau of Prisons (Withdrawn by Tex. Att'y Gen. LO-96-151)DM-0404
Commission on Jail Standards may promulgate certain minimum standards for "alternative incarceration facilities"DM-0119
Commission on Jail Standards, "alternative incarceration facilities" subject only to regulations ofDM-0119
Incarceration of inmates in privately owned, privately operated facilities pursuant to contract between private entity and a governmental entity with authority to incarcerate inmates in Texas, state authority to regulateLO96-151
Jailer employed by private contractor operating detention facility for county is "guard employed by penal institution" who may carry weapon in performance of dutyLO97-053
Jailer standards, Commission on Law Enforcement Officer Standards and Education may establishJM-1152
Minimum jail standards adopted by Commission on Jail Standards apply to municipal jail operated by private entityJM-1260
Nepotism statute does not prohibit employment of sheriff's son by a private organization that contracts with county for operation of county detention center.GA-0419
Sheriff's only duty regarding private detention facility is to conduct monitoringDM-0086
Mandatory HIV testing for incoming offenders, Board of Criminal Justice is authorized to requireGA-0512
Mandatory tuberculosis screening of employees, Department of Criminal Justice may adopt a policy ofLO98-047
Prison industries program, federal certification and other requirements do not apply if goods transported only within state (Clarification of Tex. Att'y Gen. Op. No. DM-233 (1993))LO93-071
Vocational shop projects, sale of to publicLO98-018
Work Program Plan, inmate participating in may not be placed in facility located more than 100 miles from his or her actual abodeJM-1212