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 

Opinion No. JM-73 

714 Jackson, Suite 700 

Dallas. TX. 75202.4506 

2141742-6944 

Texas Commission on Law Enforcement Ret Whether sheriff may 

Standards and Education reduce jail time pursuant to 

220-E Twin Towers Office Bldg. article 511&t, V.T.C.S., for 

1106 Clayton Lane time inmate serves prior to 

Austin, Texas 78723 judgment 

Dear Mr. 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 sheriff may include a deduction based on 

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

71312236666 in his commutation for good 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 in pertinent part: 

Commutation of time for good conduct, industry and 

obedience may be granted the inmates of each 

county jail by the sheriff in charge. A deduction 

in time not to exceed one (1) day for each day of 

the original sentence actually served may be made 

from the term or terms of sentences when no charge 

of misconduct has been sustained against the 

prisoner. 

The statute grants a sheriff discretion in such an award. Kopeski V. 

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 criminal cases and 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 

-- 

p. 312 
Mr. Fred Toler - Page 2 (m-73) 

arrest and confinement until 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 

sentence and as such may be considered for good 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 sentence may not be 

used to deny a prisoner credit under the statute. Ex parte Minjares, 

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 credits under article 5118a for time served prior to 

sentencing to 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 

equal protection. 

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 considered for good time credit. See Pruett V. State of Texas, 470 

F.2d 1182 (5th Cir.), 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 5118a provides in part 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. (Emphasis added). 

This limitation has remained a part of the statute since it was first 

enacted. - See Acts 1955, 64th Leg., ch. 461, §l, at 1183. 

p. 313 
Mr. Fred Toler - Page 3 (JM-73) 

Where a statute is unambiguous, the language is determinative of 

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 

credits will be allowed. 

The legislative history of the most recent amendment to the 

statute is further evidence that the legislature intended 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 time allowance or credits in addition to the 

commutation of time for good conduct herein 

provided for may be deducted from the term or 

terms of sentences. 

Engrossed Third Reading of House Bill No. 647, Bill File for House 

Bill No. 647, 67th Leg., Legislative Reference Library. 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 reasonable conclusion 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 

Criminal Procedure, but not both. 

SUMMARY 

A sheriff may award good time credits pursuant 

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 credits are allowed. 

Very truly your , J 

JIM 

A 

MATTOX 

h 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

p. 314 
. “. 

Mr. Fred Toler - Page 4 (JM-73) 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Chairman 

Jon Bible 

Colin Carl 

Jim Moellinger 

Nancy Sutton 

p. 315