February 20, 1939

Hon. Fred Erlsman Distrlot Attorney km&v1st~

, Texas
Dear Sir: 

### opinionNo.0-338 Rr: Proper oredit for jail time Your request for an opinion on the following questions:

“1. Whena defendant has been oonvlcted in the County Court, andhis punishment assessed at oonfinement in the County Jell, oan the costs of oourt be discharged st the rate ot three dollars ($3.00) per day, or must the oosts be oomputed on abasis of one dollar ($1.00) for eaoh day of Imprisonment?
wZ. Whena defendant has been oonvloted In the County Court, andhis punishment asaessed at a rlne only, oan the costs of oourt be disoharged at the rate of three dollars ((3.00) per day, or must the costs be Satisfied on a basis of one dollar ($1.00) for each day of lmprisonment?
n3. ’h~hena defendant has been oonvloted in the County Court, andhis punishment assessed at oonfinement In jail, andby fine, what oredit oan be given on such fine andcosts for eaoh day of confinement?
V. Whenadefendant has been oonvlcted in the District Court for a felony, andpunishment Is 

### byfine (as in chioken theft oases etc.) what credit oan be eiven on such fine and costs for eaoh day of lmprlsonment?n

has been received by this office.lion. Fred Erlsman, February 20, 1939, Page 2

Artiolo 793, Code of Criminal Prooedure, as amendedby the 45th Legislature, 1st Called Session, 1937, provides generally that whena detendant Is oonvloted of amisdemeanor and his punishment is assessed at a peounlary fins, If he is unable to pay the fine and oosts adjudged against himhomayfor suoh time as will satisfy the judgment, be put to work in the work-house or on the oounty farm or publio improvements oi the oounty, as provided in Art$ole 794 end 794a, Code of Criminal Procedure, or, if there be no suohwork-house or farm or improvements, he shall be Imprisoned In jail for a sufflolent length of time to disoharge the full amountof fine or costs ad4 udged apalnst him, rating such labor or imprisonment at 3.00 for eaoh daythereor.. This Artiole also provides that the Commissioners1 Court of eaoh oounty, as defined by population braokets, shall at any regular or special term, by order madeand entered in the minutes of the oourt, determine the rate o? wages to be paid convicts in their respeotlve oountles for labor or imprisonment at not less then $1.00 per day nor more than $3.00 per day.
Weare informed by the Comptroller’s Department that the population of 

### GreggCounty, aooordlng to the last Federal oensus, was 15,778. Therefore, Gregg County does not oomewithin the population bracket as set out in this statute andwould be poverned by the statute as It arplles to those oountles not oomln. wlthln the designated population brackets rhloh allows % 3.00 per dayfor labor or lmprisonment for convicts whodlsoharga their fines andcosts by labor performed in aocordanoe with the statute, or serves asuf*“foient length of time In jail to disoharge their fines andoo8ts.

Artloles 794band 7946, Code of Criminal Prooedure, provide that oonviots in oertaln counties oomin oertsln population brackets whoeither lay the1$EEout in jail or work such fines out on the oounty farm, oounty roads or other public works, shall reoelve a credit therefor of $1.00 per dayfor each dayworked orspent In Jail. Xowever, Greg? County does not comewithin the populstion bracket as speolfled in these articles. Therefore, they would not be applloable to Greee County.

Article 704, Code of Criminal Procedure, reads as 

### r0110ws

:

“If the punishment is %nyother thsn a fine,Hon. Fred Erllman, February 20, 1939, Pago 3

the judgment shall speolfy It, and order it enforoed by the proper process. It shall also adjudge the oosts against the defendant, andorder the oolleotion thereof as in other oases.W Aftlole 920, Code of Crlmlnal Prooedure, applies only to defendants whoare oonvloted in justioe oourts andhas no applioation to oounty oourt oases.

%;oare informed 

### byyour letter that Gregg County does not maintain awork-house or farm andthat prisoners are not worked on roads or pub110 improvementd.

Werind nospeolal statute which removes or prohibits your county from oomlng under the eeneral law as applicable to the questions submitted in your inquiry.

In view of the foreeoinp stetutes, you are respeottully advised that it is the oplnlon of this Department that whena defendant has bean oonvloted in county oourt andhis punishment assessed at imprisonment in the oounty jail or his punishment assessed by fine only, or where his punishment Is’ assessed at confinement in jail andby fine andwhere adefendant has been oonvioted in the dlstrlot Court for afelony andpunishment 1s by fine, that the oosts in these oases andthe fine, if any, must be oomputed on abasis of $3.00 per dayfor each day of imprisonment.

Trusting that the foregoing answers your lnqulry, weremain Very truly yours ATTORNEY

GENERAL

OFTEXAS (St?nd) Ardell 3lliams
AW:AW APPROQED

: (Sipned) Gerald 0. Yann

ATTORNEY

GENERAL

OFTEXAS Ardell ‘Nlllisms Assistant