R-I.33
THE ATTORNEY GENERAL OF TEXAS
Auyrm H. TEJCAS PRICE DANIEL ATTORNEYGENERAL ,,. .~- 6, 1947.
Eon. Carloe 0. Ashley, Chalxman state Board Of~Ccptrol' Aua tin, Texas
opinion HO. v-65 Rer Guthorltgof the Superintsudent 'ofthe Terre11State Hospital to readmita patientto the Terre11State Hospitalwho has been discharged,without the fomalities of another trial.
Dear Sir:
We are in reoeiptof your requestfor an opinionupon the above titled subjeotmatterand quote from your letteras follows:
"In Bovember,1936, a patientwas duly comalttedto the Term11 State HospitalfYcm Dallas County. Thereafterthis patientwas furlou#md frceisaid hospital in December, 1943, and was ultimatelyreturnedand discharged'from said hospital In September,1945. We are now advisedthat this person is in need of furtherhospitalization at one of our state hospitals, and we have been requestedby the County Judge of Dallas Mty to advise the Superintendentof the Terre11State Hospitalto accept this patlentat the Terre11State Hospitalwithout the fomalltles of anothertrial."
Chapter266, Senate Bill Ho. 46, of the RegularSession of the 48th Legislature,to whiah you refer, providesa8 follows:
"The superintendentof any institution, after the examination as hereinafterprovided,may permit any inmatethereoftemporarily to leave such lnstltutlonIn charSe of his guardian,relatives, friends,or by himself,for a period not exaeedingtwelvemonths, and may receivehim when returnedby any suoh &ardI.au,relative, friend,or upon his owu application,wlthin such perlod,without any furtherorder of oommitnent;but no patient,who has been chargedwftb or oonvictedof scrmeoffenseend been adjudgadinsane in accordancewith the provisionsof the code of orQnlua1proee- dure, shall be penuittedto tempore~ilyleave such institution under any olraumstauoes.The superintendent may requireas a conditionof such leave of abaeuae,that the person in whoee aharg the patient Is penuittedto leave the inetltutlm shallmake reports to him of the patientiscondition+ Any such superintendent, guardian, relativeor friendmay terminatesuch leave of absenceat any time Eon; carh C. ~&by, Pige 2 v-65
and authorize the arrest and return of the patient. Any peace officerof this state shall cause such patient to be arrested and returnedupon the request of any suoh euperintendent, ~guardisn,relativeor friend. 'Juaypatient,emept swh as dare o@rged with or oonvlotedof .sme offenee, who has been adjudged Inmane in awordanoe with the provleioProf the oode of oriml- nal prooedure, who has returned to the institution at the expir- ation of tvelvemonths may be wauted e+nadditional leave of not to exoeed ,$woyesre, by the euperintmdent,or upon hi" room- mendaMon."
Ar$ic,le55.52, of +r$Ws Civil Statutespresorlbesthe issues of fact to be deterpllpedbefore the county judge upon a proceedingto ocmait a patient. Article 5553 directs that upon certain negative itid- ings with respectto the patient'ssanity,the defendantwill be dis- charged.
Our State.,Hoepitals are staffedwith competentphysiciansand psychiatrists appropriate to the needs of such institutions. In the nature of euch things, patients are oommitted to these institutions -- not for a definitetenu -- but for treatmentand oare until they die or have been, disohargd as cured. As we have already seen, there are proviafons for leaves of absenae, but these provisions~aooentuate 'the purpose of the commitment as above euggested.
While there is no express statute authorizing a final disoharge : and therefore termination of the Institution's custody, ti-eatznent, and 0-e of the patient,neverthelma, such power is implioitIn the