# The Attorney General of Texas

November 30, 1981 MARK WHITE Attorney General

SUprE”W &.,,,I BUildhQ P.0. BOX12549 Austin, TX. 78711 5121475-2501 Telex 91OlS74.1367 Telecopier 5121475-0266

1607 MainSt.,Suite 1400 Dallas, TX. 75201 21417428944

4824 Alberta Ave.,Suite 160 ElPaso.TX. 79905 81515335484

1220 Dallas Ave.,Suite202 Houston,TX. 77W2 713/6500868

606 Broadway, Suite312 Lubbock.TX. 79401 8061747~5239

4309 N.Tenth, Suite S McAllen, TX. 78501 5126924547

200 Main Plaza. suite 4OQ SanAntonlo, TX. 78205 512l2m191

An EqualOpportunity/ Affirmative Actlon Employer Mr. Robert 0. Viterna RxecutiveDirector OpinionNo. MN-398
Texas Commissionon Jail Standards P. 0. Box 12985 Austin, Texas 78711 Re: Whether article 5115.1, V.,T.C.S.,

authorizes the Texas Commission on Jail Standards to require a county to accept prisoners from a county jail which fails to comply with minimum jail standards
DearMr. Viterna:
You ask whether the Texas Commission on Jail Standards has the authority to require that a county accept prisoners from a county which has been found in noncompliancewith minimum jail standardsand against which an order has been issued by the commission prohibiting confinementof prisoners in that county'sdetention facilities.
It is clear from the legislative history of article 5115.1, V.T.C.S.. that the Texas Legislature created the Texas Commission on Jail Standards in 1975 for the purpose of improving conditions in county jails by formulating and enforcingminimum standards for jail construction.maintenance and operationand for the care, custody and treatment of prisoners. See Texas Legislative Council, Statutory Standards and Present Conditions in Texas Jails, Report No. 62-2 (1973).
To effectuate this purpose, the commission was granted certain remedialpowers in section 11 of article 5115.1,V.T.C.S.. as follows:

. . (d) If the commissionersor sheriffdoes not complywithin the time grantedby the commission, the commission mYY by order, prohibit the confinement of prisoners in the noncomplying jail and designateanotherdetention facility for their confinement. If a prohibition and transfer order is issued, the sheriff of the county in which the noncomplying jail is situated shall immediately transfer all prisoners to the detention facility specifiedby the commission.

p. 1352Mr. Robert 0. Viterna - Page 2 (MW-398)

Section 11(e) of article 5115.1. V.T.C.S.. requires that the county responsible for the nonconforming jail shall bear the cost of transportation and maintenance of prisoners transferred by order of the commission.
A statute should be given a fair and sensible construction in order to carry out the purpose forwhich itwas enactedand shouldnot be construed in such a manner as to nullifv or defeat its purpose. Citizens Bank of Bryan v. First State Bank, 580 S.W.2d 344, 348 (Tex. 1979); Salas v. State, 592 S.W.2d 653, 655 (Tex. Civ. App. - Austin 1979,no writ); Lopes v. Ramires. 558 S.W.2d 954, 957 (Tex.Civ. APP.

- SanAntonio 1977,no writ). The commission has express authority to close a noncomplying facility and provide for the detention of that county's prisoners elsewhere. In order to effectuate this authority and to achieve the statutorypurpose of improving county jail conditions it is necessary that the designated facility accept these prisoners. Although "detention facility" is not defined in the statute, a "fair and sensible construction"would permit the commission to place prisoners from noncomplying facilities in another county jail which the commissionknows to complywith its standards. Article 5116, V.T.C.S., requires the sheriff to keep in the county jail all prisoners cosaaittedthereto by lawful authority, subject to the order of the proper court. Ris responsibility for the county jail is statutory. Tex. Const. art. V, $23; de la Garaa v. State, 579 S.W.2d 220 (Tex. Grim. App. 1979). The legislature may provide by statute that the sheriff receive prisoners from other jurisdictions. SeeV.T.C.S. arts. 5117, 5118. See also V.T.C.S. art. 4413(32c) gg1.4;

-Attorney General Opinion IN-52 (1979). Thus, pursuant to the authority granted it in section 11(d) of article 5115.1, V.T.C.S., the commission may require a county sheriff to accept prisoners removed from a county jail which fails to meet minimum standards.
SUMMARY

The Texas Commission on Jail Standards can require a county to acceptprisonerswho have been removed from a county jail which fails to meet minimum jail standards. The county responsible for the nonconforming jail shallbear the cost of transportation and maintenance of prisoners transferredby order of the commission. 3X@

MARK WHITE Attorney General of Texas

p. 1353Mr. Robert 0. Viterna - Page 3 (MW-398)

JOHNW. FAINTER,JR. FirstAssistantAttorneyGeneral
RICHARD E. GRAY III ExecutiveAssistantAttorneyGeneral Preparedby Mary Golder & SusanL. Garrison AssistantAttorneysGeneral
APPROVED: OPINION COMMITTEE
SusanL. Garrison, Chairman Jon Bible Rick Gilpin Mary Golder Jim Moellinger

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