Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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A contract that provides a criminal district attorney's office with unfettered access to inmate telephone call recordings would likely be considered by a court as evidence in support of the criminal district attorney's office having possession, custody, or control of inmate telephone call recordings.KP-041
A statute that required a judge to resentence a defendant in a manner that resulted in a shorter sentence was held to be an unconstitutional extension by the Legislature of commutation "as a mere gift or a matter of clemency" because the defendant could receive a reduced sentence simply by filing a motion.GA-1000
Bail bond referral telephone number, posting in detention facilitiesGA-0381
Bail bond surety referral telephone number, posting in detention facilitiesGA-0381
Brady v. Maryland and its progeny do not impose a general duty upon a prosecutor to listen to all recordings of inmate telephone calls held by the county telecommunications provider to search for exculpatory evidence for a defendant if the prosecutor would not do so otherwise.KP-041
Brady v. Maryland imposes a duty upon the prosecutor to discover whether the investigators and employees who listen to recorded inmate telephone calls find evidence favorable to a defendant in the recordings and, if so, to disclose that evidence to the defendant.KP-041
Code of Criminal Procedure subsection 15(h)(6) gives the judge of the sentencing court the discretion, if the defendant satifies certain conditions, to shorten the time a defendant is required to serve in a state jail felony facility by up to twenty percent.GA-1000
Commitment order, responsibility of sheriff for prisoner hospitalized as a result of arrest by another law enforcement agency begins with issuance of commitment order by magistrateJC-0312
County Inmates, Texas Code of Criminal Procedure article 43.10(4) does not authorize a county to work county inmates at events that are a joint venture between a county and a nonprofit organizationGA-0261
County jail inmates, work on private land prohibitedLO96-085
Credit for time served in jail as result of failure to pay fine after conviction of class C misdemeanorJC-0246
Diligent participation credits shorten a defendant's required term of confinement, effectively imposing a less severe sentence.GA-1000
Divorce petition, authority of clerk to refuse to file where county residency based on time served in prisonJC-0094
Dog tracking exercises, use of inmates as "volunteers" inLO90-064
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
Hazardous materials, inmate of Texas Department of Criminal Justice who uses is not "employee" for purposes of Texas Hazard Communication ActLO97-066
Health care, allocation of responsibility to provide for indigent inmate of county jailDM-0380
Health care, responsibility for cost when inmate not indigentDM-0413
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
Jail commissary, proceeds from are to be used for benefit of inmatesDM-0067
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
Labor of inmate, a county jail inmate may not be employed privately by county jail personnelGA-0117
Mandatory HIV testing for incoming offenders, Board of Criminal Justice is authorized to requireGA-0512
Medical care, county jail 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
Out-of-state inmates, sheriff has no authority to contract to provide housing and facilities forLO90-095
Personal bond, authority of criminal judges to order cities to post signs concerningGA-0381
Reimbursement to sheriff's department for transporting prisoners from county jail to Texas Department of Criminal Justice facilityLO97-107
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
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 to county jail inmates, the commissioners court, not the sheriff, is empowered to enter into contract with private vendor to provideLO97-030
The Court of Criminal Appeals upheld the constitutionality of a statute that granted commutation only after a convict, "by his own good conduct, had earned it."GA-1000
Tuberculosis testing of county-jail inmates, Commission on Jail Standards may requireLO90-084
Under Texas Code of Criminal Procedure subsection 15(h)(6), a defendant must first "diligently participate" in one of the specified types of rehabilitative program in order to be entitled to diligent participation credit.GA-1000
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
Work Program Plan, inmate participating in may not be placed in facility located more than 100 miles from his or her actual abodeJM-1212
Work program, under article 43.101(a), Code of Criminal Procedure refers to a county jail industries and manual labor program recognized by articles 43.09 and 43.10 of the same code or section 351.201 of the Local Government Code; prisoners participating in such a program may not work for a nonprofit organization that has not been approved under article 43.10(4), Code of Criminal Procedure, or section 351.201, Local Government CodeGA-0424
Work programs, 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
Wrongful imprisonment, state compensation for GA-0531