OFFICE OF l-HE ATTORNEY GENERAL OF TEXAS
AUSTIN

iionorabk &well Cwbron County AudItor kiogcml County Sulphur Spring, Texas
Dear 3lr: 

### 843

to be



## ut:a part or such OOSt. 

## Yourletter 

## 0rJune ion OS’this department
as follovs: uest1ng the o&Anated therein, reads

stlan, As to the COUAof coat read

e prisoner has stayed on the COLUIty farm until he ovea a balance of $11.00 he pays the cc*a~t~farm manager this amount and la releaaed.

“Shoulcl the $11.00 be rieposited to the credit of the oounty f8xm fund ml6 the oonsteble be p8id his usual one half fee from the county faxttl fund,844

Honorable X?s?JellCaznbron,page 2

vhioh i.nthis aase voilld be $4.754 Orvould tha canstable have Sir& olalm on this moneyandbe paid $9.50 of

’ the $11.00 \rhJ.oh vxUi be his full Pee. Please give oooiplete information 8s to how the above mentioned $11.00 should be distributed, taking into conaideratlon that the prlaoner hes worked out $8.50 Oi the $19.50 fZna. Alao akiould the county farai manager give thfa money to the J. P. for himto dlstrlbute?’ TheCourt of Crlmmal Appeals of Texas has deflnitely reoognll;eQ that prlmnera should be given credit on their f ’inea 

## and**ooata** for service In jail or ln the **vork** houae or other publfc vorlca. Ths court alao definitely reoogelred the right of a oomldt to aewe part of hla time tn jai& andpay the balanoe In oaah. (24) 141 (See the 0886 of Ex perte Xlll, 15 S.U.

The **Court of**  Criminal **A-la of**  Tsxaa slao 

## reaogniaea a distinction between the **cm-edit**to be allowed for aervioe In jail under Artlole 793 and Artlale 920 ot the Code of Cl?imillal Proaedurs. Article 793, applies to tha 

## aati8fwti~ of judglienta and misdemeanor cases in courxa other than justice COuPt38. Artlole 920 applies alone **to** oonvictiona before uaticsa of the pamoe. 5**Xx** parte **Fe-r,** 57 S.W. (26) 4 57 ; Ex parte Bk3lma@iLin, 8.W. (26) 863) 0S.Y. (26) 781 andExparts YouAg, 136

In a letter 09ial.o~ writtan Augut 20, 1935, by Honorable Leon Eloaea,Aaaiatant Attorney General, to Honorable D. 0. Wood, County Attorney, Wllllsa~on County **(Volume** 368 Letter 

## Opinions of the Attorney General of Texea, pege C$6j Lt was.beld by this department that in a9f owe in juutlae cotta where the fine and costa are leaa then 30.00, the proper **and** mawllrrble wayto allow credit fop time apent Ln **jail** would be ts d.Lvide the 8mwnt or the tiae aud oosts by ten, which Is the minLmum number of day8 that the defendant must serve **before** being released w&r Artlole 920, Coda of Criminal Procedure.

In our Opinion Do. O-1015, it le utetedz

“&a gouP letter 3ou used an illuatratlon of Qpersm whovas comicted of 8 mi.adet&eaa&r(in juetioe oourt) and his penalty effirsd **at a**  **f;tns** of $1.00 end caata of $13.00" lrmkingDtots1 OS845

Honorable mewell Cambran, page 3

$14.00, rtated the convict had served four days .ln jail, wished to pay the balance of hlu fine and costs Lncash, and thereby obtain iramedlete radlcr. In this specific lnetance ve are of the opinion that defendant should be **allowed.**credit ;; ;.ig per day, vhioh at four days would amount

Substractlng the **$5.60** es jail credit from.&e’total amount of $14.00 would leave a **bai** ance of $8.40, vhlch should be paid in **order** to obtain the rrleare of a defend&at from austody.” Opinion No. O-1792 of this department holds:
* it is the opinion of this department that &e;e’ohly a part of the flhe M oosts are collected, that the moneyoollected should go first to the payment of the oosts **and the**  **balanos,** if any, to the mount of the fine, awl that where there 18hot enough oolleoted to pay all the oosts, the moheyoolleoted should be prorated between the arresting offloef, the aountg attoraey and the county. That no offlasr has priority over ahother In such msttar. For example, if the fihe and oosts amountto $23.00, 

### as in your ease, the fee of the oouhty attorney am0untr to 45.00; the fee of the oonstable amounts to $13.00 ahd the trial **fee** amounts to $4.001 if the defendant paid $6.00 ln cash andthe **balance** 18worked out on the county farm the arsestlng offloer would be entitled to 43.55 ofthe cash payment, the oountp attorney vould be entitled to $1.36 of the aash payment and the county **(as** its portion of the trial See) vould be entitled to reoeive 41.09 of the cash payment. The arresting officer and the oousty attorney would also .beentitled to receive payment from the county under Article **1055,** Code of **Crlm** inal Procedwe of Texas, one half of the balance of their fees for the time the defendant worked out the balance of his fine **and**costs. Under the example quoted above the arr?rsstl.ngofficer vould be entitled to receive from the county the 8~81of $4.72; the county attorney would be entitled to receive from the county the sumof $l&. The total sumreceived by the arresting officer from

# I 846

Hrmorable Xevell CaWro~, pa&e4

both sources would be $8.271 the total sumrecelved by the county attorney Sromboth sources would be $3.18.” Under the fact8 stated In your letter the proper and reasolaeble mayto allow credit for time spent on the county farm would be divide the amount of fine and cOSt8 by ten, vhioh 18 the ml~.lmum AumberOf drjr8that the defer&At mu8t serve before being ralsaeed usder Article 920, Code of Calminal Prooedure. TaklAgthe amount Ofthe fine and008t8 whioh is $19.50 anddlvldlng by ten would amount to $1.95 per day vhioh should be credited for the defendant for each
say he spent 05 t2m county farm.

The OOAStabh 18 entitled UZidezl &tic18 1055, VerAOA'S&AOtated Code OSCr1llLfJlalPrwedure, t0 have half cOSt8

on that part of the time the defendant worked on the county farm the sameto be properly prorated. Opinion Ro. O-1578 of thl8 departBent hold8 that **a oonmtabla** 18entitled W&r Article 1055, Code of Criminal Procedure of **Texas,** to have half COStSoh that part 0s the ts.mea defeAdaAt **mmaina in**  jail or Worksfor the County Vhen he so diScha.rgeS a part Ofthe fine and costs **and**pays off a part aAdthat the same8hau be properly prorated.

Thepreoinot OfflQerS **0s** Hopklnr County are compensated 

### onafeebaais (md the county OfflCiidS of 8al.d aounty are compensated on an annual salary baria.

That portlon of the moneyreoelved by the county attorney mustbe deposited in the Offlaers* Salary FundIISfegulred by the Officers' Salary Lav.

It 18noted that the **bill!** Of **QOStS 8hOVS**  that the constable has a charge aa an arre8tm fae Of $5.50. Article 1065 cf the Code of CrfixlnRl Brooedure, **allows** the **sum of**  $2.00 for each arrest. Thebill, of costs does not reflect any charge for mileage 

### inthe ease under eonslderation. Por the purposes of this opinion Ye assume that the $3.50 vhioh is reflected a8 an arrestlAg fee OoAstltutes 

### a char&e of **$1.50** ior takrng and appxovlng the bmd, $1.00 for release, and 

### $1.00fox commitmsnt. Ye further assume that all of there services mere performed by the constable.

In the case under con8Sderation the SLneand costs amountto $19.50, the See of the CouAtg attorney aBLOL&AtS toBonorabk IIeu411 Ombron, ~464 5

$5.00~ the fee of the comtable amounts to $9.50 and the trial Pee amour&8 $0 $4.00. After dafendantpaid $11.00in cash and the balancewe18 worked out on the countyfarm theconstable would be entitled to $5.65 of the carhpayment, the, countyattorneywouldbe entitledto $2.96of the oathpayment and thecounty 

### (a8 it8portion of the trialtea)would be entitledto reoeive $2.39 OSthe aash payment. 

### A8heretofore at&ted the amount received by the county attorney must be depoeitsd in the Qfflaerr) 

### 58lary Fundof the aounty. The conetable vould alro be 

### entitledto Feeeivepayruntfrom the aountyunderArticle1055, Code of Criminal boccdure, onehalf of the balance of hir fee for the time the d4f4Bdsnt worked out the balanae of hle fLns and 4ort8. 'Phl8 vould amount to #1.93. The totalWE reoelv4d by th4constable fromboth 80~088 wouldbe $7.58. eb4 county Sarm manager shouldpar thismoney to thejurtiae o? the peaae.

We encloreherewith 0 o-1792, o-3769, O-4924 and o-1573 trr of our iIplnion$ Boo.

. YOur8very trulJ
ATTORIIEY

OlCWtALOFTBXX3

Aaal8tant AUrdb
Encloaurer