1 . 

The Attorney General of Texas 

October 26, 1981 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin, TX. 76711 

5121475-2501 

Telex 9101674-1367 

Telecopier 512/475-0266 

1607 Main St., Suite 1400 

Dallas, TX. 75201 

214/742-6944 

4624 Alberta Ave., Suite 160 

El Paso, TX. 79905 

9151533.3464 

1220 Dallas Ave., Suite 202 

Houston, TX. 77002 

7131650.0666 

606 Broadway, Suite 312 

Lubbock, TX. 79401 

6061747.5238 

4309 N. Tenth, Suite B 

McAllen. TX. 76501 

5121662-4547 

200 Main Plaza, Suite 400 

San Antonio. TX. 76205 

5121225-4191 

An Equal Opportunity/ 

Affirmative Action Employa 

Mr. Don R. Stiles 

Executive Director 

Texas Adult Probation Commission 

P. 0. Box 12427 

Austin, Texas 78711 

Opinion No. Mw-379 

Re: Use of district adult 

probation funds to provide 

services to the cour't of 

probation officers 

Dear Mr. Stiles: 

You ask the following question concerning the use of 

adult probation funds: 

Prior to the defendant being found guilty, may 

district adult probation funds be used under 

current law to provide services to the court by 

probation officers interviewing the defendant, 

advising him/her on the conditions of probation, 

the expectations of the court in the event that 

probation is granted, and to prepare the necessary 

paperwork and the written conditions of probation 

for the court, and/or to provide to the court a 

pre-sentence investigation report as contemplated 

in section 4 of article 42.12 and section 4 of 

article 42.13 of the Code of Criminal Procedure? 

district 

The district adult probation fund is a special fund in the county 

treasury into which is deposited state aid received from the Texas 

Adult Probation Commission and fees collected from probationers. Code 

Grim. Proc. art. 42.12, 96a; art. 42.121, §4.05(b). 

The purposes of the Texas Adult Probation Commission include 

improving the effectiveness of probation services, providing funds for 

the establishment and improvement of probation services, and 

establishing uniform probation administration standards. Code Crim. 

Proc. art. 42.121, 51.01. 

Although Attorney General Opinion H-1283 (1978) termed probation 

a "post-trial" procedure, that opinion addressed the question of 

whether the Texas Adult Probation Commission could provide financial 

assistance to pretrial release programs. The opinion properly 

determined that pretrial release programs are not related to 

p. 1280 
Mr. Don R. Stiles - Page 2 (Mw-379) 

probation under article 42.12, section 2 and article 13, section 2 of 

the Code of Criminal Procedure. The services you mention, however, 

are related to probation. We believe that such services may be 

efficiently carried out by the probation officer before the guilt and 

innocence phase of the trial. 

For example, section 4 of article 42.12 and section 4 of article 

42.13 both read in part: 

When directed by the court, a probation officer 

shall fully investigate and report to the court in 

writing the circumstances of the offense, criminal 

record, social history and present condition of 

the defendant. 

The statutory language does not establish a specific time for the 

investigation and report. Rather, these are provided "[wlhen directed 

by the court." This investigation and report can be accomplished 

either before or after trial. 

Also, in light of the stated purposes of the act establishing the 

Texas Adult Probation Commission, the specific services you ask about 

seem to be included in the commission's statutory mandate to improve 

the effectiveness of probation services. We feel that these duties 

may be carried out before the guilt and innocence phase of the trial. 

SUMMARY 

District adult probation funds may be used to 

provide certain services related to probation 

before the guilt and innocence phase of the trial. 

&@ 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Dawn Bruner 

Assistant Attorney General 

p. 1281 
Mr. Don R. Stiles - Page 3 (Mw-379) 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Dawn Bruner 

Rick Gilpin 

Jim Moellinger 

p. 1282