JIM MATTOX Attorney General

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# The Attorney General of Texas I'ebruasy21, 1986

Honorable SamD. Millsap, Jr. DistrictAttorney Bsxar County Couri:h.ousc SanAntonio, Texar~ 78205 OpinionNo, JM-436 Be: Computationof good time credits under article 5118a, V.T.C.S., and manual labor credits under article 43.10, Code of CriminalProcedure DearMr. Millsap: You request mr opinion in regard to time credits which may be awarded to a prjsoner sentenced to county jail. Your particular concern iswhethex, a county inmatemay receivegood time creditsunder article 5118a, V.:i..C.S., or manual labor credits under article 43.10 of the Code of Criminal Procedure or both. Two prior opinions have addressed this prti,lemand have reached different conclusions. See -- AttorneyGeneralCpinions JM-73~(1983); MW-497 (1982). Article 5118a,V.T.C.S..provides in part: Commutationof tims for good conduct, industryand obedience may be granted the inmates of each county jailby the sheriff in charge. A deduction In time not to exceed one (1) day for each day of the orig,inalsentence actually servedmay be made from the term or terms of sentenceswhen no charge of misconduct has been sustained against the prisoner.
. . . No other time allowance or credits in addition to the commutationof time for good cor.duct

herein provided for may be deducted from tha!term or terms of sentences. (Emphasis added). The statute grants a sheriff discretion in making such an award. See KopeskiV. Martin, 1529 S.W.2d 743. 746 (Tex.Grim.App. 1982). On the other hand, article,43.10 of the Code of Criminal Procedure provides in part: Where the punishment assessed in a conviction

for mi&emeanor is confinement in jail for more than one day, or where in such conviction the punishment is assessed only at a pecuniary fine

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and the party SC,convicted is unable to pay the fine and costs adjudged against him, those so convicted shall be required to do manual labor. . . .

. . . . 6. For each d,ayof manual labor. in addition to any other creditsallowedby law, a prisoner is entitled to have: one day deducted from each sentencehe is sc:rving. (Emphasisadded). Attorney General Opinion MW-497 (1982) discussed House Bill No. 647 of the Sixty-seventhL~,&lature which amendedboth article 43.10 of the Code of Criminal Prxedure and 5118a,V.T.C.S. See Acts 1981, 67th Leg., ch. 708, at 261.7. The opinion concluded that when the legislature added the abcve underlined language of article 43.10, which was a totally new provision, that language should be read together with the above underlined portion of article 5118a; and therefore concluded that IIprisoner would be entitled to both good time credits and manual labor credits so long as it would not exceed two-thirds ofhis sentence. See Attorney General Opinion MW-497 (1982). - However, a year later, the attorney general considered the question again in Attorney General Opinion JM-73 (1983). In this opinion, the office considered additional legislative history, and concludedthat the Sixty-seventhLegislature intended to limit credits for jail sentences. See Attorney General Opinion JM-73 (1983). The attorney general reasoned 1:h.at the language "[n]o other time allowance or credits" in article 5118a was a limitationwhich has remained a part of the statute since it was first enacted in 1955 and was clear and unambiguous. Id. The additional legislative history revealed that the Texas BGe 01' Representatives sought to change this language,but the finalversion,which was passedby both houses, left the sentence intact. See Engrossed Third Reading of H.B. No. 647, Bill File for H.B. No.647, 67th Leg., LegislativeReference Library. Accordingly, the cor~clusiou was that a county jail inmatemay receive either good time credits under article 5118a, V.T.C.S., or manual labor credits under article 43.10 of the Code of Criminal Procedure, but not both. AttorneyGeneral OpinionJM-73 (1983). We believe that Attorney General Opinion JM-73 (1983) is correct and agree with its holding;. To the extent Attorney General Opinion hW-497 (1982)conflictswil:h, this holding, it is overruled. SUMMARY A county jail inmate may receive good time credits under article 5118a, V.T.C.S., or manual

p. 1997Honorable SamD. Millsap, Jr.- Page 3 (JM-436)

labor credits urder article 43.10 of the Code of Criminal Procedure, but not both. Attorney General Opinion MN-497 (1982) is overruled to the extent it conflictswith this result. Very/trulyyours) ,

JIM MATTOX AttorneyGeneral of Texas JACKHIGRTOWRR FirstAssistantAttorney General MARY KELLER ExecutiveAssistantAttornsyGeneral ROBERT GRAY SpecialAssistantAttorneyGeneral RICK GILPIN Chairman,Opinion Committee Preparedby Tony Guillory AssistantAttorney General

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