Skip to main content

Prisoners

Summaries

KP-0041
Ken Paxton

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.|Brady v. Maryland imposes a duty 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.|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.|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 the recordings.|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-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-0117
Greg Abbott

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

GA-0261
Greg Abbott

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 organization

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-0424
Greg Abbott

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 Code|Authority, a sheriff may perform only those functions that are expressly delegated to the office by statute or are necessarily implied from express powers|Work program, a sheriff may operate a work program for county jail inmates only as authorized under article 43.09 or 43.10 of the Code of Criminal Procedure or under section 351.201 of the Local Government Code|Work program

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-0531
Greg Abbott

Wrongful imprisonment, state compensation for |Claim for compensation for wrongful imprisonment, comptroller may approve when wrongful imprisonment was served concurrently with a sentence for an unrelated offense that was served in prison solely because of the wrongful conviction\r\n|For

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-1000
Greg Abbott

Article II, section 1 of the Texas Constitution separates the powers of Texas government into the legislative, executive, and judicial branches|A court would likely hold that a judge\\'s award of diligent participation credit under Code of Criminal Procedure subsection 15(h)(6) does not interfere with an expressly granted executive power and thus does not violate article II, section 1|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 felony facility by up to twenty percent|In order to receive diligent participation credit under Code of Criminal Procedure subsec. 15(h)6), a defendant must first \\"diligently participate\\" in one of the specified types of rehabilitative programs. Only then may the judge award commutation. The statute does not permit or require the judge to give credit that has not first been earned.|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.|Diligent participation credits shorten a defendant\\'s required term of confinement, effectively imposing a less severe sentence.|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.|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.\\"|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-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-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-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-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-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-0094
John Cornyn

Inmate divorce petition, authority of clerk to refuse to file where county residency based on time served in prison|Divorce petition, authority of clerk to refuse to file where county residency based on time served in prison

JC-0246
John Cornyn

Credit for time served in jail as result of failure to pay fine after conviction of class C misdemeanor

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