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Penal Institutions

Summaries

KP-0067
Ken Paxton

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.

GA-0042
Greg Abbott

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 care|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 care|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 care

GA-0059
Greg Abbott

Inmate telephone fund, proceeds generated from, should be paid into the county treasury and may be used for any legitimate county purpose|Inmate telephone fund, proceeds generated from, should be paid into the county treasury and may be used for any legitimate purpose

GA-0064
Greg Abbott

Felony conviction, licensing agency's authority to deny or revoke professional license upon|Revoke professional license upon licensee's felony conviction, circumstances in which a licensing agency must|Privacy, double jeopardy, and self-incrimination, licensing agency's requirement that applicants and licensees provide agency with criminal history information does not violate constitutional guarantees regarding|Halfway house is not imprisonment for purposes of professional license revocation statutes|Criminal history information, Board's authority to require applicants and registrants to provide and to deny or revoke registration upon applicants or registrant's felony conviction|Imprisonment

GA-0070
Greg Abbott

Thermal energy plant built for a building complex is a "facility" under subchapter H, chapter 271 of the Local Government Code|Design-build contract, a county may use to construct a thermal energy plant built for a building complex as a "facility" under subchapter H, chapter 271 of the Local Government Code|Jail facility, a county does not have implied authority to enter into a sale and leaseback of property to acquire a thermal energy plant in connection with a|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 a|Facility|Civil engineering

GA-0117
Greg Abbott

Labor of inmate, a county jail inmate may not be employed privately by county jail personnel

GA-0166
Greg Abbott

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 facilit

GA-0229
Greg Abbott

Federal prisoners, sheriff is not authorized to contract with the United States Marshals Service to house federal prisoners in the county jail|County jail, sheriff is not authorized to contract with the United States Marshals Service to house federal prisoners|Surplus federal property given as consideration for housing federal prisoners, title to would vest in the county rather than the sheriff, the jail, or the sheriff's department|Surplus federal property paid to county as consideration for housing federal prisoners would be included in county inventory and disposed of like any other county property|United States Marshals Service, sheriff is not authorized to contract with to house federal prisoners in the county jail

GA-0329
Greg Abbott

Sheriff, 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 comply with th|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-0381
Greg Abbott

Interview of persons in detention facilities by employees of personal bond office, applicability of chapter 1704 of the Occupations Code|Posting bail bond surety referral telephone number in detention facilities|Signs in detention facilities, applicability of chapter 1704 of the Occupations Code to signs in detention facilities about bail bonds, personal bonds, and personal bond office|Personal bond, authority of criminal judges to order cities to post signs concerning|Bail bond referral telephone number, posting in detention facilities|Bail bond surety referral telephone number, posting in detention facilities|Solicitation by sureties, applicability of chapter 1704 of the Occupations Code to personal bond office

GA-0419
Greg Abbott

Sheriff's son, nepotism statute does not prohibit private organization that contracts with county for operation of private detention center from hiring|Nepotism statute does not prohibit employment of sheriff's son by a private organization that contracts with county for operation of county detention center|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-0504
Greg Abbott

County jail, authority to control is vested in the commissioners court, the sheriff, and the Texas Commission on Jail Standards\r\n|Committee of city and county officials and employees who meet to share information about jail conditions but does not supervise or control public business or public policy is not subject to Open Meetings Act

GA-0512
Greg Abbott

Mandatory HIV testing for incoming offenders, Board of Criminal Justice is authorized to require|Sheriff may not accept bail on offense committed in the county while accused is jailed in another state\r\n

GA-0534
Greg Abbott

County jail 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|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\r\n

GA-0683
Greg Abbott

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 establish|Electronic monitoring

GA-0692
Greg Abbott

Regulations construed using the same principles of construction as statutes, and a reasonable construction by the agency that promulgated the rules is entitled to deference|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-0760
Greg Abbott

County jail, authority of sheriff to accept fee from private organization that contracts with sheriff's county to operate|Contract to operate county jail, authority of sheriff to accept fee from private organization

GA-0791
Greg Abbott

Common-law rule providing that interest follows principal applies to funds generated by operation of the jail commissary|Commissary, funds generated by operation of do not belong to the county for purposes of Local Government Code section 113.021|Commissary fund, interest accrued on is not severed from the fund pursuant to Local Government Code section 113.021|Sheriff’s control over jail commissary fund

GA-0814
Greg Abbott

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 county|Prepaid phone cards, revenue from the sale of 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 county|Authority to adopt rule that increases the number of training hours required for an employee of a day-care center or group day-care home from that set out in statute

GA-0901
Greg Abbott

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 sheriff|Commissary fund, sheriff may make expenditures from proceeds of, only to fulfill purposes described in section 351.0415, Local Government Code, but initial determination is with sheriff

GA-0927
Greg Abbott

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 authorize

GA-1002
Greg Abbott

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 access

GA-1041
Greg Abbott

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 regulations|Voice Over Internet Protocol services \\"VOIP\\" - A county may only charge a fee for the service if the fee is designed to recover the costs directly and reasonably incurred in providing the service|Proceeds generated from an inmate telephone contract are county funds, and they may be used for any legitimate county purpose.

GA-1094
Greg Abbott

Disposition of surplus property purchased with proceeds from the county\\'s commissary account|Use of commissary funds under Local Government Code section 351.0415|Commissary accounts are subject to annual examination by the county auditor|Commissary accounts are subject to oversight by county commissioners court|Commissary accounts are subject to oversight by the county commissioners court through annual examinations of the accounts by the county auditor

DM-0019
Dan Morales

Pay telephones in county jails, proceeds from should be paid into county treasury | Commissary

DM-0024
Dan Morales

All county facilities used for confinement of county prisoners are subject to jurisdiction of Commission | Single cell and dormitory requirements for county jails, Commission has authority to establish reasonable standards for design of ancillary facilities which depart from | Jurisdiction of the Commission on Jail Standards, all county facilities used for confinement of county prisoners are subject to | 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 from

DM-0038
Dan Morales

Eighteen to twenty-one year old wards of Texas Youth Commission may not be detained in juvenile detention facility | Juvenile detention facility, 18 to 21 year old wards of Texas Youth Commission may not be detained in | Child

DM-0067
Dan Morales

Jail commissary accounts, county auditor is authorized to review even when maintained by private operator|Jail commissary accounts, county auditor is authorized to review|Operation of jail commissary, commissioners court may not interfere with sheriff's exercise of discretion in contracting for|Benefit of inmates, funds received by sheriff that are attributable to operation of jail commissary are to be used for|Jail commissary, proceeds from are to be used for benefit of inmates

DM-0086
Dan Morales

Private detention facility, sheriff's only duty regarding is to conduct monitoring|Commission on Jail Standards has continuing duty to monitor private detention facility|Sheriff's only duty regarding private detention facility is to conduct monitoring

DM-0098
Dan Morales

Health care professional employed part-time by county jail, whether entitled to state representation and indemnification|Charity care or services entitling health care professional to state indemnification, whether part-time employment with county jail constitutes|State representation and indemnification, whether health care professional employed part-time by county jail is entitled to

DM-0111
Dan Morales

Medical services for county jail inmates, commissioners court has authority to contract with physician to provide|Medical services for county jail inmates, sheriff does not have authority to contract with physician to provide but may schedule|Medical services for inmates, commissioners court has authority to contract with physician to provide but sheriff may schedule

DM-0119
Dan Morales

Alternative incarceration facilities, subject only to regulation of Commission which may promulgate minimum standards for|Commission on Jail Standards may promulgate certain minimum standards for "alternative incarceration facilities"|Commission on Jail Standards, "alternative incarceration facilities" subject only to regulations of

DM-0120
Dan Morales

County jail may be built anywhere within the county

DM-0225
Dan Morales

Jail inmates not residents of county of incarceration, hospital district or public hospital service area (or county) of residence responsible for health care|Jail inmates who are indigent residents of county of incarceration, health care is responsibility of hospital district of county of incarceration

DM-0233
Dan Morales

Work program facility may be owned and operated by a city or county, but not by Texas Department of Criminal Justice|Prison made goods, statute on transportation in interstate commerce of

DM-0282
Dan Morales

Cash paid in lieu of bail bond, clerk of district court may deposit in account separate from general account of county if so ordered by court or other authority|Interest on cash paid in lieu of bail bond is property of bailee|Inmates' money, sheriff may decide where to place for safekeeping subject to regulation by county auditor|Sheriff may decide where to place inmates' money for safekeeping subject to regulation by county auditor

DM-0380
Dan Morales

Inmate of county jail, responsibility of hospital district to provide health care for|Inmate of county jail, allocation of responsibility to provide health care for|Health care for indigent inmate, responsibility to provide|Health care, allocation of responsibility to provide for indigent inmate of county jail|Indigent inmates, duty to provide health care for

DM-0404
Dan Morales

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)|Penal or correctional institution housing only federal prisoners, Commission lacks authority to regulate or inspect (Withdrawn by Tex. Att'y Gen. LO-96-151)|Penal and correctional institution housing only federal inmates subject to federal, not state, standards and regulations, even if operated by a municipality under an agreement with the Bureau of Prisons (Withdrawn by Tex. Att'y Gen. LO-96-151)|Bureau of Prisons has exclusive authority to regulate or inspect a penal and correctional institution housing only federal inmates that is operated by a municipality under an agreement with the Bureau (Withdrawn by Tex. Att'y Gen. LO-96-151)

DM-0413
Dan Morales

Inmate's medical expenses, county, not hospital district, liable for when inmate not indigent|Health care, responsibility for cost when inmate not indigent|Inmate's medical expenses, county liable for when inmate not indigent

JC-0122
John Cornyn

Jail commissary proceeds, purchases to be paid from need not be competitively procured|Commissary proceeds, purchases to be paid from need not be competitively procured|Commissary proceeds, sheriff need not competitively procure purchases from|Control

JC-0312
John Cornyn

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 magistrate|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 magistrate

JC-0429
John Cornyn

Fire sprinkler heads, Commission on Jail Standards may examine jail construction documents as well as existing jail facilities to determine where to place|Fire sprinkler heads, Commission may examine jail construction documents as well as existing jail facilities to determine where to place

JC-0454
John Cornyn

Immunity, in event suit is brought as a result of a justice court ordering a child detained for contempt without authority to do so, county could invoke immunity with respect to state claims but could be subject to suit under federal claims|Hearing for child referred to juvenile court for contempt, hearing must be conducted as that for a child who has engaged in delinquent conduct|Contempt, justice court may not order child to be confined for a term of detention for|Non-secure detention facilities, neither status offender nor nonoffenders may be detained in

JM-1152
Jim Mattox

Jailers employed by private vendor under contract with county, Commission may establish standards for|Jailer standards, Commission on Law Enforcement Officer Standards and Education may establish

JM-1212
Jim Mattox

Work Program Plan, inmate participating in may not be placed in facility located more than 100 miles from his or her actual abode