1
.



# TheAttorney General ofTexas
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. DonR. Stiles Executive Director TexasAdult 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 DearMr. Stiles: You ask the following question concerning the use of adultprobation 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 isgranted, and toprepare thenecessary paperwork and thewritten 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 theCode 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 fromprobationers. Code Grim. Proc. art. 42.12, 96a;art. 42.121, §4.05(b). The purposes of the Texas Adult Probation Commission include improving theeffectiveness ofprobation 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. 1280Mr.Don R. Stiles -Page 2 (Mw-379)
probation under article 42.12, section 2and article 13,section 2of 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 theprobation officer before theguilt and innocence phase of the trial. For example, section 4 of article 42.12 and section 4of article 42.13 both read inpart:

When directed by the court, a probation officer shall fully investigate andreport tothe court in writing the circumstances of theoffense, criminal record, social history and present condition of thedefendant. The statutory language does not establish a specific time for the investigation and report. Rather, theseareprovided "[wlhen directed by the court." This investigation and report can be accomplished either before orafter trial. Also, in light of thestatedpurposes of theact 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 maybe carried outbefore theguilt and innocence phase of the trial. SUMMARY District adult probation fundsmay beused to provide certain services related to probation before theguilt and innocence phase of the trial.



# &@

Attorney General ofTexas JOHNW. FAINTER, JR. FirstAssistant Attorney General RICHARD E.GRAY III Executive Assistant Attorney General Prepared byDawn Bruner Assistant Attorney General

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

APPROVED: OPINION COMMITTEE SusanL.Garrison, Chairman Dawn Bruner Rick Gilpin JimMoellinger

p. 1282