**PRICE DANIEL.**  **ATTORNEY GENERA,.**  Aunrrlv **11. TExas**  May4, 1948
TheBoard of Pardons andParoles, Austin, Texas Attention: Bon. Abner L. Lewis, Chairman Opinion No. P-561

Gentlemen8 Re: Authority of the Board of Pardons andParoles to recommenda reprieve for release of a prison inmate to the Veterans Administration for medical att+ntlon under the facts submrtted.

Your request for an opinion bythis office upon the above titled subject matter is as folfowsr

“The above namedsubject was received in the penitentiary of Texas on October 1.6, 1944 under a sentence of ten years for the offense of burglary andattempting to pass a forged instrument. His convfctfons cane from HsuStQ&ls Madison, Walker, andTomGreen Counties, mo& of which were concurrent sentences makinga total of ten years,

“Hewas evidently lead by ex-conKicta into committing these offenses,

“The subject is nowe1igXbJ.e to cl@K@R$y on time served,

“Application is madeto the Board of Pardons and Paroles by the Veterans Affairs COIUlIiSsion through Mr, Charles L. Morris, Assistant Director) for sometype of clemency WhiChWiLL permit releasing the subj,ect from the petitentiary of Texas and transferring himto the vS%- erans Administration at Waco, Texas for SUrgical attention which has been occasioned by a. -

TheBoard of Pardons and Paroles - Page 2 (v-561)

compoundfracture of the skull while 

### in the lJ- * nited States Navyduring World ‘MarII. Heis nowsuffering from a condition described by Dr. C. A. Shaw, prison psychiatrist as: A. Symptons4onfused, depressed, disoriented as to time, pl#ce pnd person. ‘Out of contact with reality. Delusiens of persecution. Noisey anddestrwtlve andhas grand ma1seisurea (from one to three daily), B. Physical Findings--Skull fracture, right occipital area. C* Diagnosis--Epilepsy, psychosis. post-traumatic, with

D. Recemmendation--That cal attention immediately. examines have surgiWeenclose herein a copy of the recommendation of Dr. M. D. Hanson medical director, andDr. Show, prison. psychlot&, which indicates that this subject will require institutional care for an indefinite period, perhaps for the remainder of his life. %fr. erris of the Veterans Affairs Commls-

.. sion has.made satisfactory arrangements with the Veterans Administration at Waco to accept thf3 subject, If andwhenthe Governor Issues his proclamation granting somecharacter of clemency providing that the subject will not have to report to any authority of the State of Texas.

“The Veterans Administration’ will not accept responsibility as to the,confinement of the veteran, but has agreed to notify the Board If he should escape or at time of discharge from the Vet- $; erans Administration Hospital. Thfs situation is __I, likewise a comdltlen thqt exists with reference to 10or 15 persons ta the Fenitentlary, both veterans andnom-veterans.

“1. TheBoard of Pardons andParoles requests an opinion from the Attorney General of Texas as to- r

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whether or not wewould have a right to take jurisdiction of the subject's case and recommenda reprieve of six months andrelease the subject from reporting in order that this surgery might be accomplished in the Veterans Administration Hospital at Waco, the relatives to provide for his safe delivery to said institution. "2, In view of the fact that the Assistant Director indicates that it maymeanpossibly the difference in the life anddeath of this veteran inmate andfurther in view of the fact that Dr. HansonandDr, Shawindicate that at the present time he is definitely psychotic or insane, werequest an opinion inthe nature of an emergency opinion in order that wemayact quickly andthus perhaps save the subject's life." Theurgency of the situation presented by the letter of your Chairmanprompts us to set forth the letter in full and to state our conclusions succinctly without taking the time to elaborate or cite authorities for the principles of law involved.

Section 11 of Article IV of the Constitution as adopted November39 1936, authorizes the Governor in any criminal c&se except treason and impeachment, "after conviction, onthe written signed recommendation andadvice of the Board of Pardons andParoles, or a majority thereof, to grant reprieves and commutations of punishment. Oo .e

There are no limitations or qualifications contained in the Constitution upon this power to grant reprieves and commutations of punishment, nor is there any statutory limitations or qualifications so far as our search has disclosed other than the constitutional one that such clemency must be madeonly upon the advice of the Board of Pardons and Paroles in the mannerabove quoted. It is the opinion of this office, therefore, that your Board does have jurisdiction to recommendto'the Governor the granting of clemency - a reprieve or'commutation, or reprieve and commutation of punishment for such reasonable time andfor such purpose on such condition as the Board or a majority thereof shall advise andrecommend in the light of all the information possessed bythe Board.The Board of Pardons andParoles - Page4 '(v-561)

- The Board of Pardons and Parolks has jurisdiction to recommendto the Governopa reprieve or commutation of punishment of an inmate of the State Prison at Huntsville for such length of time, andfor such purpose, hnd upon such conditions as the Board,or a majority of its membersmayrecommendto the Governor. Yours very truly, %

0S:wb ATTORNEY GENERAL

OFTEXAS
By &flj%. Ocie Spee

. ' Assistant

ATTORNEY

GENERAL