| PENAL INSTITUTIONS |
| Halfway house is not imprisonment for purposes of professional license revocation statutes | GA-0064 |
| Inmates, use of as "volunteers" in dog tracking exercises | LO90-064 |
| Juvenile detention facility, 18 to 21 year old wards of Texas Youth Commission may not be detained in | DM-0038 |
| Persons arrested by deputy constables for state-law violations, city council may prohibit the use of the municipal jail as a holding facility while arrested persons wait to appear before a magistrate, to post bond, or to be transported to a county facilit | GA-0166 |
| Work program facility may be owned and operated by a city or county, but not by Texas Department of Criminal Justice | DM-0233 |
| County |
| Authority to supervise inmates being held in courthouse holding cells, as the agency charged with adopting reasonable rules and procedures establishing minimum standards for the custody, care and treatment of prisoners, the Texas Commission on Jail Standards must determine, in the first instance, whether bailiffs have the | GA-0692 |
| Bail bond referral telephone number, posting in detention facilities | GA-0381 |
| Bail bond surety referral telephone number, posting in detention facilities | GA-0381 |
| Benefit of inmates, funds received by sheriff that are attributable to operation of jail commissary are to be used for | DM-0067 |
| Charity care or services entitling health care professional to state indemnification, whether part-time employment with county jail constitutes | DM-0098 |
| Commissary account, a county may enforce a county-jail inmate’s obligation to reimburse the county for medical, dental, and health-related services received during a previous incarceration by deducting the amount from funds in the inmate’s during a subsequent incarceration
| GA-0534 |
| Commissary accounts are subject to oversight by the county commissioners court through annual examinations of the accounts by the county auditor | GA-1094 |
| Commissary fund, interest accrued on is not severed from the fund pursuant to Local Government Code section 113.021 | GA-0791 |
| Commissary proceeds, purchases to be paid from need not be competitively procured | JC-0122 |
| Commissary, funds generated by operation of do not belong to the county for purposes of Local Government Code section 113.021 | GA-0791 |
| Commissary, sheriff must accept new bids on contract to operate every five years | LO98-071 |
| Commitment order, responsibility of sheriff for prisoner hospitalized as a result of an arrest by another law enforcement agency begins with issuance of commitment order by magistrate | JC-0312 |
| Contempt, justice court may not order child to be confined for a term of detention for | JC-0454 |
| Cost of feeding prisoners in county jail, as regular and continuing expense of sheriff's office, must be subject to ordinary county budgeting process | LO98-023 |
| County jail may be built anywhere within the county | DM-0120 |
| County jail, authority of sheriff to accept fee from private organization that contracts with sheriff's county to operate | GA-0760 |
| County jail, authority to control is vested in the commissioners court, the sheriff, and the Texas Commission on Jail Standards
| GA-0504 |
| Design/build contract including architectural services, county is authorized to enter into with private vendor to design and construct detention facility | LO96-117 |
| Detention of child transferred to criminal court for prosecution who is under the age of seventeen years separately from adult detainees, article 4.19 of the Code of Criminal Procedure does not authorize | GA-0927 |
| Eighth or Fourteenth Amendment rights of county prisoners, commissioners court may not refuse to enter into contracts if such refusal will violate | LO98-072 |
| Electronic monitoring program separate from that established by a community supervision and corrections department under Code of Criminal Procedure article 42.035(a), a county commissioners court has no authority to establish | GA-0683 |
| Extradition requisition - Pursuant to Code of Criminal Procedure articles 51.09 and 51.13, a person commissioned by the Governor in an extradition requisition to receive and return an out-of-state arrestee back to the county in which the offense was allegedly committed has the duty to carry out that responsibility. The actual and necessary expenses of a person so commissioned may be paid pursuant to Code of Criminal Procedure article 51.10 or article 51.13, section 24. | KP-0067 |
| Federal inmate trust accounts in county jail housing federal inmates pursuant to contract, whether interest may be used for benefit of inmate population | LO97-108 |
| Federal prisoners, sheriff is not authorized to contract with the United States Marshals Service to house federal prisoners in the county jail | GA-0229 |
| Fire sprinkler heads, Commission on Jail Standards may examine jail construction documents as well as existing jail facilities to determine where to place | JC-0429 |
| Health care for indigent inmate, responsibility to provide | DM-0380 |
| Health care professional employed part-time by county jail, whether entitled to state representation and indemnification | DM-0098 |
| Independent authority of sheriff, commissioners court may not interfere with by limiting number of jail prisoners sheriff may "farm out" | LO98-072 |
| Indigent district residents incarcerated in county jail, Karnes County Hospital District Board of Directors has authority to determine health care services to be provided to | LO93-100 |
| Inmate property in county jail, county auditor has authority to access to investigate the accuracy of inmate property receipts subject to a sheriff's reasonable conditions for withholding that access | GA-1002 |
| Inmate telephone fund, proceeds generated from, should be paid into the county treasury and may be used for any legitimate purpose | GA-0059 |
| Inmate's medical expenses, county liable for when inmate not indigent | DM-0413 |
| Inspection by Commission on Jail Standards, frequency of | LO96-046 |
| Jail commissary accounts, county auditor is authorized to review | DM-0067 |
| Jail commissary, authority to sell items to persons other than inmates | LO97-071 |
| Jail food service, commissioners court's authority to interfere with sheriff's food selection | LO96-017 |
| Jail inmates not residents of county of incarceration, hospital district or public hospital service area (or county) of residence responsible for health care | DM-0225 |
| Jail inmates who are indigent residents of county of incarceration, health care is responsibility of hospital district of county of incarceration | DM-0225 |
| Jurisdiction of the Commission on Jail Standards, all county facilities used for confinement of county prisoners are subject to | DM-0024 |
| Juvenile, judge may order held in detention facility outside county | LO92-003 |
| Labor of inmate, a county jail inmate may not be employed privately by county jail personnel | GA-0117 |
| Medical care, inmate does not have the right to choose a medical provider, but an inmate's refusal to use the provider designated by the sheriff does not necessarily constitute a refusal of medical care | GA-0042 |
| Medical services for inmates, commissioners court has authority to contract with physician to provide but sheriff may schedule | DM-0111 |
| Misdemeanant, county jail need not hold upon discharge of misdemeanor sentence for transfer to state prison for county that previously had convicted person of felony | LO96-068 |
| Non-secure detention facilities, neither status offender nor nonoffenders may be detained in | JC-0454 |
| Operation of jail commissary, commissioners court may not interfere with sheriff's exercise of discretion in contracting for | DM-0067 |
| Pay telephones in county jails, proceeds from should be paid into county treasury | DM-0019 |
| Personal bond, authority of criminal judges to order cities to post signs concerning | GA-0381 |
| Prisoners in county jail may not be used to cut trees on private land in exchange for payment to county of proceeds from sale of wood | LO96-085 |
| Professional management agreement with private corporation to manage county law-enforcement center, management team members are not county employees; reimbursement of private corporation's contributions to corporate stock-option plan pursuant to agreement | LO90-094 |
| Revenue from the sale of prepaid phone cards in the county jail commissary should be credited to the sheriff for the use of county jail inmates rather than to the general fund of the county | GA-0814 |
| Safe and suitable jails, commissioners court obliged to provide and bound by operating rules of Commission on Jail Standards | LO98-072 |
| Sale and leaseback or lease and leaseback of property to acquire a thermal energy plant in connection with a jail facility, a county does not have implied authority to enter into a | GA-0070 |
| Sheriff may decide where to place inmates' money for safekeeping subject to regulation by county auditor | DM-0282 |
| Sheriff may make expenditures from proceeds of commissary fund only to fulfill purposes described in section 351.0415, Local Government Code, but initial determination is with sheriff | GA-0901 |
| Sheriff, authority of, a sheriff has the authority to deduct costs incurred for damage to jail property for the commissary account of a prisoner that is found liable for the damage in an institutional due process hearing. However, the sheriff must first | GA-0329 |
| Single cell and dormitory requirements for county jails, Commission on Jail Standards has authority to establish reasonable standards for design of ancillary facilities which depart from | DM-0024 |
| Solicitation by sureties, applicability of chapter 1704 of the Occupations Code to personal bond office | GA-0381 |
| State compensation to counties for holding inmates in county jail applies to convicted felons awaiting transfer to state boot camp program but not to substance abuse felony program | LO94-062 |
| Telephone services for inmates, Commission on Jail Standards does not have authority to include as part of jail commissary services | LO96-032 |
| Telephone services to county jail inmates, the commissioners court, not the sheriff, is empowered to enter into contract with private vendor to provide | LO97-030 |
| Use of commissary funds under Local Government Code section 351.0415 | GA-1094 |
| Voice Over Internet Protocol services "VOIP" - No Texas statute or administrative rule expressly prohibits a county from offering inmates VOIP services; provision of VOIP services must comply with the Commission on Jail Standards requirements for inmate telephone services as well as any other applicable state and federal regulations | GA-1041 |
| Private Facilities |
| Commission on Jail Standards has continuing duty to monitor private detention facility | DM-0086 |
| Commission on Jail Standards lacks authority to regulate or inspect penal institution housing only federal prisoners, even if municipality operates facility under an agreement with Federal Bureau of Prisons (Withdrawn by Tex. Att'y Gen. LO-96-151) | DM-0404 |
| Commission on Jail Standards may promulgate certain minimum standards for "alternative incarceration facilities" | DM-0119 |
| Commission on Jail Standards, "alternative incarceration facilities" subject only to regulations of | DM-0119 |
| Incarceration of inmates in privately owned, privately operated facilities pursuant to contract between private entity and a governmental entity with authority to incarcerate inmates in Texas, state authority to regulate | LO96-151 |
| Jailer employed by private contractor operating detention facility for county is "guard employed by penal institution" who may carry weapon in performance of duty | LO97-053 |
| Jailer standards, Commission on Law Enforcement Officer Standards and Education may establish | JM-1152 |
| Minimum jail standards adopted by Commission on Jail Standards apply to municipal jail operated by private entity | JM-1260 |
| Nepotism statute does not prohibit employment of sheriff's son by a private organization that contracts with county for operation of county detention center. | GA-0419 |
| Sheriff's only duty regarding private detention facility is to conduct monitoring | DM-0086 |
| State |
| Mandatory HIV testing for incoming offenders, Board of Criminal Justice is authorized to require | GA-0512 |
| Mandatory tuberculosis screening of employees, Department of Criminal Justice may adopt a policy of | LO98-047 |
| Prison industries program, federal certification and other requirements do not apply if goods transported only within state (Clarification of Tex. Att'y Gen. Op. No. DM-233 (1993)) | LO93-071 |
| Vocational shop projects, sale of to public | LO98-018 |
| Work Program Plan, inmate participating in may not be placed in facility located more than 100 miles from his or her actual abode | JM-1212 |
