September 19, 1983 JIM MATTOX Attorney General

Supreme Court Building P. 0. BOX 12546 Austin. TX. 76711. 2546 5121475-2501 Telex 9101674-1367 Telecopier 512/475-0266 Mr. Fred Toler Executive Director OpinionNo. JM-73

714 Jackson, Suite 700 Dallas. TX. 75202.4506 2141742-6944 Texas Commissionon Law Enforcement Ret Whether sheriff may Standardsand Education reduce jail time pursuant to 220-ETwin Towers OfficeBldg. article 511&t, V.T.C.S., for 1106ClaytonLane time inmate serves prior to Austin, Texas 78723 judgment
DearMr. Toler:

4624 Alberta Ave., Suite 160 El Paso. TX. 79905.2793 915/533-3464 You ask three questions concerning a sheriff's authority and discretion to award good time credits pursuant to article 5118a, V.T.C.S., and the effect of such an award on other allowances or credits.

- -1 Texas, Suite 700 You first ask whether a sheriffmay include a deductionbased on

,os,on. TX. 77002-3111 the time an inmate is confined to jail prior to judgment and sentence 71312236666 inhis commutationforgood conduct.

606 Broadway. Suite 312 Lubbock. TX. 79401.3479 60617476236

4309 N. Tenth, Suite S McAlle”, TX. 76501.1665 5121662.4547

200 Main Plaza, Suite 400 San Antonio, TX. 76205.2797 512/225.4191 Article 5118a,V.T.C.S.,provides inpertinentpart: Commutationof time for good conduct, industryand obedience may be granted the inmates of each county jail by the sheriff in charge. A deduction in timenot to exceed one (1)day for each day of the original sentence actually servedmay be made from the term or termsof sentenceswhen no charge of misconduct has been sustained against the prisoner. The statutegrants a sheriffdiscretion in such an award. KopeskiV. Martin, 629 S.W.2d 743, 746 (Tex.Grim.App. 1982). An Equal Opportunity/ Affirmative Action Employer Article 4.03, section 2(a) of the Code of Criminal Procedure applies to all criminalcasesand provides that 

# The Attorney General of Texas

the judgment of the court in which the defendant was convicted shall give the defendant credit on his sentence for the time that the defendant has spent in jail in said cause, from the time of his

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arrest and confinementuntil his sentence by the trial court. This provision is mandatory in giving credit for time served after arrest but prior to sentencing. Jones V. State, 545 S.W.2d 771, 772 (Tex.Grim.App. 1975). When the two statutes are considered together, it is apparent that pre-judgment time is to be treated as part of the original sentenceand as suchmay be consideredforgood time credit. Case law supports this conclusion. In Kopeski V. Martin, supra, the court stated that an inmate is entitled to credit for good conduct under article 5118a for time served prior to sentencing to a term in the county jail. Likewise, the absence of a formal sentencemay not be used to deny a prisoner creditunder the statute. Ex parteMinjares, 582 S.W.2d 105. 109 (Tex. Crim. App. 1978). See also Gardner V. J&&e, 542 S.W.2d 127, 130 (Tex. Crim. App. 1976);Attorney General Opinion C-310 (1964). Accordingly, we conclude that a sheriff may award good time creditsunder article 5118a for time served prior to sentencingto a term in the county jail.
Your second question concerns whether a sheriff must consider pre-judgment time for good time credit in order to prevent denial of equalprotection. Since we have recognized that pm-judgment time is considered part of the sentence for purposes of commutation,it follows that all time actually served must be given equal weight. A sheriff must "consider each inmate's conduct for such credits, and consideration must be given equitably." Kopeski V. Martin, e, at 746. Denial of equal protection is likely to result if only post-sentencing time is consideredfor good time credit. See PruettV. State of Texas, 470 F.2d 1182 (5thCir.), aff'd, 414 U.S.802 (1973).
Your final question is whether an award of good time credit precludes any other time allowance or credits such as manual labor credit. Article 5118aprovides inpart that:
No other time allowance or credits in addition to the conmutation of time for good conduct herein provided for may be deducted from the term or terms of sentences. (Emphasisadded). This limitationhas remaineda part of the statute since itwas first enacted. SeeActs 1955,64th Leg., ch. 461, §l,at 1183.

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Where a statute isunambiguous, the language is determinativeof the legislative intent. Mrs. Tucker's Foods V. Calvert. 296 S.W.2d 787, 789 (TeX. Civ.App. - Austin 1956,writ ref'd n.r.e.). There is nothing ambiguous or unclear about this provision. It plainly states that,where an inmate accumulates credits for good behavior,no other creditswill be allowed. The legislative history of the most recent amendment to the statute is further evidence that the legislatureintended to so limit credits for jail sentences. The original version of the bill as passed by the Texas House of Representatives changed this part of article 5118s to read:

Except as provided in Article 43.10, Code of Criminal Procedure, 1965, as amended, no [++~a] other timeallowanceor credits in addition to the commutation of time for good conduct herein provided for may be deducted from the term or termsof sentences. Engrossed Third Reading of House Bill No. 647, Bill File for House Bill No. 647, 67th Leg., LegislativeReferenceLibrary. However, the final version, passed by both houses, left the sentence as it read when article 5118s was enacted by the Fifty-fourth Legislature. See V.T.C.S. art. 5118a. The only reasonableconclusion is that a county jail inmate may receive good time credits under article 5118a, V.T.C.S., or manual labor credits under article 43.10, Code of CriminalProcedure,but not both. SUMMARY
A sheriffmay award good time creditspursuant to article 5iiaa for time served prior to sentencing. He must give equal consideration to all time served in order to avoid denial of equal protection. Where good time credits are awarded, no other creditsare allowed. Very trulyyour , 

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A JIM MATTOX AttorneyGeneralof Texas TOM GREEN FirstAssistantAttorneyGeneral

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DAVID R. RICHARDS ExecutiveAssistantAttorneyGeneral Preparedby Rick Gilpin AssistantAttorneyGeneral APPROVED: OPINION COMMITTEE Rick Gilpin,Chairman Jon Bible ColinCarl JimMoellinger Nancy Sutton

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