Hon. 0. B. **Ellis**

Genera1 Planager opinion HO. v-498
Texas Prison System Re: Authority of the State Huntsville,Texas Prlsoa System to,hold insane criminals
You request an opinion from this Department upon the above captionedsubjectmatter as follows:

"It has been called to my attention that we are holding three prisonerswhose time has expiredbecause they have been adjudged insane. The attachedmemo gives the names, numbers,ages, county of crime, sentence,home address and expirationdate of these three men. I find In our files 'a ruling of your d~epartment that the austody of insane criminals is a responsibility of the Prison System for the duration of their sentences.
'I would appreoiatean opinion from you as to what authorityI have to hold these men beyond their explratlondate. It was my thought that they should be returned to the sheriff of the county in whioh they were sentenoedand from that point on, they would be handled as other Insane cases are handled."
We assume from your request that the prisoners Fn questionwere lawfullyadjudged insane by the County Judge of Walker County in acoordanoewith the provisions of Article p86a, v.C.S., and were committedto the State Prison Psych,opath& Xospltalbefore their sentences had expired. Arti.cle 62038, V.C.S., lows: provides in part as fbl,-

"Section1. That there shall be buFlt, establishedand maintained,as a part of the Prison System of TeMB, an InstitutionfOP the examination,observation, treatmentandHon. 0. B. gIIl% - Page 2 (No. v-498)

Incarcerationof all personswho have been oonvlcted of felony, end who have been duly adjudged Insane by any competent court at law in the State of Texas3 and, who have been acquittedby a court of competent jurisdiction upon the ground% of insanity; sa.ldinstitution to be known as the State Prison P%yChop%thlc

hOBpita1.
"Sec. 4. When any person shall be confined In any jail,asylum or other lnatltutlon of.confinement, who 1% charged by indictmentand has been convicted of felony In this State and who has been duly adjudged Insane by a Court of Competent Juri%dlctlon,~upon the grounds of insanity shall be oonflned In said Institutionand all personswho are uow conflned in the' State:Ho%pltal

for the Insane who are clasBifled by the superintendents of Bald dlfferentHOBpltalB for the insane as crlmlnally Insane shall upon proper certlflcatefrom the superintendent be transferredfrom Bald Ho%plta1 for the Insane to the State PsychopathloRospltal.
"sea. 8.
. . . that a great many prlaoners have been committedto the various State HOBpitaIB for mental diseasesand have escaped,and that escaped insaneprisoners are asmeuace to the people of this State.

. . . A careful reading of the above statutesreveals a legislativeIntent to create within the prison walls a place of incarceration for the crlmlnallylnsane where they could be adequatelycared for and guarded. While the Legislaturedid not attempt to deflne speolflcally

what It meant by "orlmlnallyinsane", we believe It fairly Inferablefrom the above act that they dld mean to includewithin that classiflcatlon those person%who bave been convicted of a felony and who have subsequently been adjudged insane. From the facts which you have furnishedus we have concluded that the three prisonersto whom you refer are within this classification. Therefore,you are advised that under Artiole 6203e, supra,you are authorizedto retain custody of the three Insane prisoners,at least until such time as they are adjudged Bane. . - -.Hon. 0. B. Ellis - Page 3 (no.v-498)

We note from your request that that the sentences of these three Insane you assume OOnviCtB have "expired". While we find It unnecessary now to pass upon the question of when the sentence of an insane felon expires,we refer you to AttorneyGeneral'% Opinion Ro. 0-5721,bya former administration, a copy of which is enclosed,which oontalns this statement:
"We are of the opinion that the'foregoing dlBcuB%iondlSClOBeBa legislative polloy In Texas of not subjecting1USane person3 to criminalpuni.BhmOnt, and that the time spent by an insane in a state hospital Should not be Counted on hl% SenteXWe as a crlmlnal."
SUMMARY The authorltle%of the State PriSOn System may retain custody of three convicts who have been adjudged Insane and committed to the State Prison Psychopathic Hospital even though they have been incarceratedfor the perFod of thefr sentences. Article 6203e, '7X.9.
Yours very truly
ATTORREYGERERALOF TEXAS

ABBlBtant I

Considered 'and

approved in Conference