'
E ORNEY GENERAL OFTEXAS AUSTIN m.T~xas /42. c -*7 WLL WILSON A'PTORNEYOENERAI. c -ky-r- January24, 1961
Mr. Jack Ross, Administrator Opir,ion No. WW-$39 InterstateParole Compact Board of Pardons and Paroles Re: Questionsrelativeto the Austin,Texas constructionof Article781c, Code of CriminalProcedure Dear Mr. Ross:
Your requestfor an opinionhas been receivedand carefullyconsidered by this office. We quote your letter,in part, as follows:
"In order to clarifythe proceduresrelatingto Section 2, paragraph(3)of Article78~2,Code of CriminalProcedure, known as the UniformAct for Out of State ParoleeSupervision, your opinionson the followingquestionsare respectfully requested. It shouldbe noted that all stateshave adopted this UniformAct.
"1) When the parole or probationof a person,who is being supervisedin the State of Texas for another state, Is revokedby the other state,may that state send its agents into the State of Texas and upon proper identification re-takephysicalcustodyof the parolee or probationerand return him to the sendingstatewith- out extraditionproceedingsand withoutreferenceas to whetherthe person has signeda waiver of extradition in the State of Texas?
"2) When a paroleeor probationeris being supervised in one state for anotherstate,neitherbeing the State of Texas, and such person abscondsto the State of Texas and his parole or probationis revoked,may the state of originaljurisdiction take him in custodyin Texas and return him to its jurisdiction withoutextraditionpro- ceedingsunder Article78k, C. C. P.?
"3) Can a person be admittedto bail in Texas when he is on,paroleor probationfrom anotherstate and when his parole or probationhas been revokedand when the sending MI-.Jack Ross, Page 2 (w-989)
state is in the processof returninghim to its jurisdiction?
"4) When authorizedand directed. by the sending state,may a paroleeor probationerfrom such state, who is being supervisedin the State of Texas, be held in custodyupon the order of the Administrator of the Compactfor the State of Texas until a revo- cationwarrant can be obtainedfrom the sendingstate?"
Section2, paragraph(3) of Article781~, Code of CriminalProcedure, states:
"(3) That duly accreditedofficersof a sendingstate may at all times enter a receivingstate and there apprehend and retakeany person on probationor parole. For that purpose no formalitieswill be requiredother than establishing the authorityof the officerand the identityof the person to be retaken. All legal requirementsto obtain extraditionof fugitivesfrom justiceare hereby expresslywaived on the part of Statesparty hereto,as to such persons. The decisionof the sendingstateto retakea person on probationor parole shallbe conclushveupon and not reviewablewithin the receiv- ing state;provided,however,that if at the time when a state seeks to retakea probationeror paroleethere shouldbe pend- ing agaainsthim within the receivingstate any criminalcharge, or he shouldbe suspectedof having committedwithin such state a criminaloffense,he shallnot be retakenwithoutthe consent of the receivingstateuntil dischargedfrom prosecutionor from imprisonmentfor such offense."
To answer your first question,when the parole or probationof a person who is being supervisedin the State of Texas for another state,is revokedby the other state,that statemay send its,agentsinto the State of Texas and upon proper identification may take physicalcustodyof the paroleeor probationer and return him to the sendingstate witho& extraditionproceedingsand without referenceto whetherthe person has signeda waiver of extraditionin the State of Texas. In State of Alabamaex rel Bridgesv. Waters, 108 So.2d 23 146