### HonorableTorn Hanna OpinionNo. M-1076 CriminalDistrictAttorney ;Jcffetson

**County** 

### Courthouse Re: Questionsconcerning Beaumont,Texan 17701 " responsibility of CountyforCourt cost8due Criminal JusticePlanningPund pureuant~

to'senate Bill 841,Acts 62nd, ' Leg.,

**RX.,** 

### 1971, DearMt. Ranna: **(Art; 1083,**  

### V.C.C;P.)

Inyour 'opinion

request,you ask the following queetionni

**a<**

**2.**

**‘ 3;**  

### 'Shouldconvicteddefendantearn'credit **+award** 

### costpf.:court py serving~time

### -Sri 'jail- 'is

balancepaidby'defendazit o be pko rated 

### amongCountyDepartmentsor is fi%sV~eimpunt'due

Criminal."Justicc"P~anning Rinddtiuctedfirst?"

•~Sh6iilb'cqwicfcd **defendant.batn ’** **~noug~. ’**  

### ~~E*iill~t*ko~'cldak'all cost-ofoourt- 11s!.the Cotini&.%eld'rbsponslble*to lkState **for** 

### ~.'. the'kmciur$

due.,'the'Crim!nal'Justic~ .Planning *Fund?"
The'TexamC&e of.Crim.inal Proceduie,..hrticle 1083,

-5270-Hon. Tom Hanna, page 2. (M-1076)

Sections l-11, creates the Criminal Justice PlanningFund and provides **for** costs of court "tobe borne in part by those **who** necessitate the establishment and maintenanceof **the** criminal justice system." The 

### statutealso provides for the appropriation and expenditure of said fundsand reappropriationof said funds.

The Criminal Justice Fund provides all the required state and local cashmatching requirements in theOmnibus Crime Control and Safe Streets

### Act as amended by the Omnibus Crime Control **Act** of 1970. Approximately three **fourths** of all funds raised are passed through to **the** cities and counties for programs within **the** criminal justice system.

In regard to your first question, it is observed that whereas Article 1083 authorizes certa.in fees to be collected as cost of court, which ultimately are to be paid to the Criminal Justice Planning Fund, no provision is there found that these costs are to have priorityof payment over other costs of Court. Nor is any pro ration of costs expressly authorized should only a portion of the costs be paid by a convicted defendant. However, Section 5 of Article 1083 provides as follows:

'The costs due the State under this Act shall be collected along with and in the same manner as other fines
or costs are collected in the case."

It therefore-+ollows that if~~thecos~tstaxed in Article 1083 are to be collected in the same %iiner--iis other costs, a convicted defendant **may** discharge the court costs by.service in jail. Articles 42.15, 43.09, 45.53, 1019, Texas Code of Criminal Prooedure. The 

### Courtof Criminal Appeals of Texas **has** long recognized thatpersons should be given credit on their fine and costs for service in jail, or in connection with other types of penal service. The court **has** also recognized the right of a person to serve part of 

### his time in jail and pay the balance in cash. Ex Parte Hill, 15 S.W.2d 14 (Tex.Crim. 19291..
This office has previously held in Attorney General's

-5271-Hon. **Tom** Hanna, page 3 (M-1076)

OpinionsNumbers O-469 (1940)**that where**  only (19391, o-755
a part of the collected~,

such money as collected shouldgo to thepayment of the costs and the balance, if any, to the payment of the fine; and where there is not enough collected to pay all of the costs, the money shouldbe pro rated in view of the fact that no cost had any priorityover another. (1939)and O-1792 fine and costs are

Accordinglywe conclude, in view of **the** languageof Section 5, together with the prior cited opinions of this office, as well as **the** lack of any expressedprovision requiring funds appropriated under Article 1083 to be deducted first, that the costs taxed and owed to the Criminal Justice Planning Fund do not have priorityof payment over other costs of court; and should only a portion of the costsbe satisfiedby cash, the only equitable and valid dispositionwould be proration.

In answer to your questions 2 and 3 concerning the responsibilityof the County for court costs due the Criminal Justice Planning Fund pursuant to Article 1083,
we believe it is clear from the purpose of the statute (asset out in Section 1) that the legislature intended that convicteddefendants pay the costs, not the County
or State. The State would not be entitled to reimbursement for those costs without a law requiring the County to make payment to the State on the basis of the time the convicted Defendantwas hald in jail. We have no existing law to

. such effect. Furthermore;fn Sections 6 and 7 of Article 1083, the statute distinctly provides that the county is responsiblefor the funds collected and that those funds be remitted to the Comptrol-lerof PublicAccounts. We find no indication in **the** statute that the Legislature intended the County **to be**  **responsible for**  **costs** due the Criminal Justice Planning Fund when uncollected or satisfiedby service in jail. Absent such a statute, the County would not,be liable for such costs.
Therefore you are respectfully advised that our opinion is that the county is not required to pay out of county funds any portion of court costs due the Criminal Justice Planning Fund which are served out in jailby a convicted defendant. Whenever a convicted defendantpays only a

-5272-Hon. Tom Hanna, page 4 **(M-1076)**

portion of the total court costsdue and serves out the rest of the costs in jail, the money collected is to be pro rated.

SUMMARY

The county is not required to pay out of county funds any portion of the wurt costs due to the Criminal Justice 

### PlanningFund which are served **out** in jail by a **convicted** 

### defendant. If a convicted defendant pays a portion of **the** total court costs and serves.outthe remainder of the wets in jail, themotley collected is to be pro ra!ed among the various costs including the amqunt due the Criminal&stice Planning Fund. ,Nocost **has** prioriJyOver another.

Prepared by Guy C. Fisher - Assistant Attorney General

APPROVED: OPINION COMMITTEE
Keik 'Taylor-,

**‘ Qtafnuan**  W; E;'Allen~!';'.Co%hairman Austin-Brayy; Rob Gauss Bill Flanary Glenr'Brok.

SAMUEL D. MCDANIEL Acting Staff:Legal Assistant

ALFREDWALEER Executive Assistant

'NO&A

### WHITE First Assistant C. MARTIN General of Texas

**-5273-**