JIM MATTOX 

Attorney General 

Supreme Court Bulldin 

P. 0. BOX 12546 

Austin. TX. 76711. 2546 

5124752501 

Telex 9101674-1367 

Telecopisr 51214750266 

714 Jackson. Suite 700 

Dallas. TX. 752024508 

2141742.6944 

4024 Alberta Ave.. Suite 164 

El Paso. TX. 79906.2793 

9151533.3464 

lM1 Texas, Suite 700 

,ton. TX. 77002-3111 

f $5122~56% 

806 Broadway, Suite 312 

Lubbock. TX. 79401.2479 

m747.5236 

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McAllen. TX. 76501.1665 

512M2.4547 

200 Main Plaza. Suite 400 

San Antonio. TX. 76205.2797 

51212254191 

An Equal Opportunity/ 

Alfirmative Action Employer 

The Attorney General of Texas 

October 16, 1984 

Mr. Robert 0. Viternn 

Executive Director 

Texas Cosm~ission on J,iil Standards 

P. 0. Box 12985 

Austin, Texas 78711 

Opinion No. JM-212 

Re: Authority of the Texas 

Commission on Jail Standards 

over a county work release 

facility 

Dear Mr. Viterna: 

You have requested our opinion regarding the jurisdiction of the 

Texas Commission on Jail Standards over a work release facility 

operated by the county and district judge but not by the sheriff. You 

have also asked whe,:her your agency has jurisdiction over facilities 

operated by the sheriff or operated by others under contract with the 

county to hold persons committed to the custody of the sheriff. You 

have stated that recent legislation authorizes the establishment of 

work release programs in the various counties under the supervision of 

the sheriff. lfowev e r , you state that one county proposes a work 

release program operated by the district and county court whereby the 

prisoners are relearwd from the sheriff’s custody by court order and 

housed in facilities supervlsed by the courts. 

The Texas Commjssion on Jail Standards Is established by article 

5115.1, V.T.C.S. The commission has authority to promulgate rules and 

regulations regardinS the construction, maintenance, and operation of 

county jails and the: standard of care in the treatment of prisoners. 

A “county jail” is defined as follows: 

Any ja:::. , lock-up, or other facility that is 

operated by or for a county for the confinement of 

persons accused or convicted of an offense. 

V.T.C.S. art. 5115.1, §2(3). We believe that it is very clear that 

the Texas Conrmiss:lon on Jail Standards has jurisdiction over 

confinement facilitj.fs operated by the sheriff or operated by others 

under contract with the county. A city jail, for example, housing 

county prisoners pursuant to interlocal contract is subject to the 

state standards for law enforcement officer training and education. 

Attorney General Opinion MW-328 (1981). Facilities separate and apart 

from the county jail itself, if they are used for the confinement of 

prisoners, are al 30 subject to the commission’s jurisdiction. 

Attorney General Opinion MW-559 (1982). Counties, as of 1983, have 

p. 953 
Mr. Robert 0. Vitrrna - Pagr 2 (Jn-212) 

express authority to contract with private organizations. with the 

approval of the sheriff, l’or the operation of a low-risk detention 

facility. V.T.C.S. art. 51Lid. 

Persons convicted and committed to jail may be entitled to 

participate In a work rele.l:ge program if a judge so provides in the 

sentence. Code Grim. Proc. art. 42.03, 545, 6. The convicted person 

is ordered confined during lxts off work hours and on weekends. Except 

in cases where probation hit;, been granted, we do not believe that a 

sentence of confinement may order a person to be detained or confined 

in non-jail facilities not operated by the sheriff or under his 

supervision. 

We do not believe tn.at the district or county judges have 

authority to operate a detent:ion facility. The only penal punishments 

authorized by the Penal Code are the assessment of a fine or 

confinement in a county jail. or the Texas Department of Corrections. 

See Penal Code, 512.01 (poilshments). However, as of 1983, a judge 

may sentence persons convic!:ed of third degree felonies or offenses 

punishable by county jail confinement to serve “an alternate term for 

the same period of time in the county jail work release program.” 

Code Grim. Proc. art. 42.C,3, )6(a). A county jail work release 

program is not defined by the statute. Any person sentenced to the 

county jail vork release program pursuant to article 42.03, section 6 

of the Code of Criminal Procedure , may have employment secured for him 

by the county sheriff. l’.T.C.S. art. 5118b. Any person who is 

participating in a county work release program is required by article 

5118b. section 2, to rematn confined in the county jail or other 

facility designated by the sheriff at all times except during periods 

of employment. We believe that this requirement precludes the county 

judge or district judge fro11 operating or maintaining any work release 

facility not under the supervision of the county sheriff. 

SUMMARY 

The Texas Commission on Jail Standards has 

supervision over facilities used for the 

confinement of prisoners on a work release 

program. The district and county court does not 

have authority to operate such facilities 

independent of the county sheriff. 

JIM MATTOX 

Attorney General of Texas 

p. 954 
. . . 

I 

Mr. Robert 0. Viterna - Pal!@! 3 (a-212) 

TOM GRERN 

First Assistant Attorney G,!neral 

DAVID R. RICRARDS 

Executive Assistant Attorn!:! General 

Prepared by David Brooks 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Chairman 

David Brooks 

Colin Carl 

Susan Garrison 

.lim Moellinger 

Nancy Sutton 

p. 955