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 captioned subject matter as follows: 

"It has been called to my attention 

that we are holding three prisoners whose 

time has expired because they have been 

adjudged insane. The attached memo gives 

the names, numbers, ages, county of crime, 

sentence, home address and expiration date 

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 appreoiate an opinion from you 

as to what authority I have to hold these 

men beyond their explratlon date. It was my 

thought that they should be returned to the 

sheriff of the county in whioh they were sentenoed and from that point on, they would be 

handled as other Insane cases are handled." 

We assume from your request that the prisoners 

Fn question were lawfully adjudged insane by the County 

Judge of Walker County in acoordanoe with the provisions 

of Article p86a, v.C.S., and were committed to the State 

Prison Psych,opath& Xospltal before their sentences had 

expired. 

Arti.cle 62038, V.C.S., 

lows: 

provides in part as fbl,- 

"Section 1. That there shall be buFlt, 

established and maintained, as a part of the 

Prison System of TeMB, an Institution fOP 

the examination, observation, treatment and 
Hon. 0. B. gIIl% - Page 2 (No. v-498) 

Incarceration of all persons who 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 acquitted by 

a court of competent jurisdiction upon 

the ground% of insanity; sa.ld institution 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 indictment and 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 Institution and 

all persons who are uow conflned in the' 

State:Ho%pltal for the Insane who are clasBifled by the superintendents of Bald dlfferent HOBpltalB for the insane as crlmlnally Insane shall upon proper certlflcate from 

the superintendent be transferred from Bald 

Ho%plta1 for the Insane to the State Psychopathlo Rospltal. 

"sea. 8. . . . that a great many prlaoners have been committed to the various 

State HOBpitaIB for mental diseases and have 

escaped, and that escaped insane prisoners 

are asmeuace to the people of this State. 

. . . 

A careful reading of the above statutes reveals a legislative Intent to create within the prison 

walls a place of incarceration for the crlmlnally lnsane where they could be adequately cared for and 

guarded. While the Legislature did not attempt to deflne speolflcally what It meant by "orlmlnally insane", 

we believe It fairly Inferable from the above act that 

they dld mean to include within that classiflcatlon 

those person% who bave been convicted of a felony and 

who have subsequently been adjudged insane. From the 

facts which you have furnished us we have concluded 

that the three prisoners to whom you refer are within 

this classification. Therefore, you are advised that 

under Artiole 6203e, supra, you are authorized to 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 Attorney General'% 

Opinion Ro. 0-5721,by a former administration, a copy 

of which is enclosed,which oontalns this statement: 

"We are of the opinion that the'foregoing dlBcuB%ion dlSClOBeB a legislative 

polloy In Texas of not subjecting 1USane 

person3 to criminal puni.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 incarcerated for 

the perFod of thefr sentences. Article 

6203e, '7X.9. 

Yours very truly 

ATTORREYGERERALOF TEXAS 

ABBlBtant 

I 

Considered 'and approved in Conference