Texas Attorney General Opinion: JM-111 Page: 5 of 6
The following text was automatically extracted from the image on this page using optical character recognition software:
Mr. Ruben M. Torres - Page 5 (JM-111)
such detainee must be held by the authorities who arrested him until
the Texas Department of Corrections is authorized to take custody of
him -- i.e. not until the completion or waiver of the Board of Pardons
and Paroles administrative release revocation hearing. Moreover,
article 2.18 of the Code of Criminal Procedure makes it a violation of
duty for a sheriff to release a prisoner committed to jail by a
warrant. See Attorney General Opinion M-918 (1971). Hence, a sheriff
detaining an alleged parole violator pursuant to a prerevocation
warrant is obligated to hold him until such detainee may be properly
released to Texas Department of Corrections. Likewise, the Texas
Department of Corrections may not appropriately accept an alleged
parole violator from a sheriff without evidence of completion or
waiver of the requisite local hearing.
Insofar as the answers to similar questions posed in Attorney
General Opinion WW-386 (1958) provide contrary results, they have been
superceded by the dictates of Morrissey and the 1977 amendments to
The provisions of section 21(a) of article
42.12 of the Code of Criminal Procedure are
consistent with the requirement of a local parole
revocation hearing imposed by both Morrissey v.
Brewer, supra, and by 37 Texas Administrative
Code, section 145.45(g). Local law enforcement
authorities are required to hold an alleged parole
violator detained on the basis of a prerevocation
warrant until such time as the local hearing is
completed or waived. The Texas Department of
Corrections is not authorized to accept transfer
of any such detainee until completion or waiver of
the local hearing required by due process
standards and the rules of the Board of Pardons
Ve y t ly y
Attorney General of Texas
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Here’s what’s next.
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-111, text, 1983; (https://texashistory.unt.edu/ark:/67531/metapth272551/m1/5/: accessed April 20, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.