JIM MATTOX Attorney General

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# TheAttorney General ofTexas

October 16, 1984

Mr.Robert 0. Viternn Executive Director Texas Cosm~issionon 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
DearMr.Viterna:
Youhave requested our opinion regarding the jurisdiction of the Texas Commission on Jail Standards over a work release facility operated by the county anddistrict judge but not by the sheriff. You have also asked whe,:her your agency has jurisdiction over facilities operated bythe 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 er, you state that one county proposes a work release program operated by the district andcounty court whereby the prisoners are relearwd from the sheriff ’s custody by court order and housed in facilities supervlsed by the courts. TheTexas Commjssion onJail Standards Is established by article 5115.1, V.T.C.S. Thecommission has authority to promulgate rules and regulations regardinS the construction, maintenance, andoperation of county jails and the:standard of care in the treatment of prisoners. A“county jail” is defined as follows:

Anyja:::., lock-up, or other facility that is operated byor for acounty for the confinement of persons accused or convicted of anoffense.
V.T.C.S. art. 5115.1, §2(3). Webelieve 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 andapart from the county jail itself, if they are used for the confinement of prisoners, are al30 subject to the commission’s jurisdiction. Attorney General Opinion MW-559(1982). Counties, as of 1983, have

p. 953Mr.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 awork rele.l:ge program if ajudge so provides in the sentence. CodeGrim. Proc. art. 42.03, 545, 6. Theconvicted person is ordered confined during lxts off work hours andonweekends. Except in cases where probation hit;,been granted, wedo not believe that a sentence of confinement mayorder aperson 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 adetent:ion facility. Theonly 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, ajudge maysentence 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. Anyperson sentenced to the county jail vork release program pursuant to article 42.03, section 6 of the Codeof Criminal Procedure , mayhave employmentsecured 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. Webelieve that this requirement precludes the county judge or district judge fro11operating or maintaining anywork 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

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

TOM GRERN First Assistant Attorney G,!neral
DAVIDR. RICRARDS Executive Assistant Attorn!:! General Prepared byDavid Brooks Assistant Attorney General
APPROVED: OPINIONCOMMITTEE Rick Gilpin, Chairman David Brooks Colin Carl SusanGarrison .limMoellinger NancySutton

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