No. V-0065 (1947).

Case DateMarch 06, 1947
CourtTexas
Texas Attorney General Opinions 1947. No. V-0065 (1947). 1March 6, 1947Hon. Carlos C. Ashley, ChairmanState Board of ControlAustin, TexasOpinion No. V-65Re: Authority of the Superintendent of the Terrell State Hospital to readmit a patient to the Terrell State Hospital who has been discharged, without the formalities of another trial.Dear Sir:We are in receipt of your request for an opinion upon the above titled subject matter and quote from your letter as follows:
"In November, 1936, a patient was duly committed to the Terrell State Hospital from Dallas County. Thereafter this patient was furloughed from said hospital in December, 1943, and was ultimately returned and discharged from said hospital in September, 1945. We are now advised that this person is in need of further hospitalization at one of our state hospitals, and we have been requested by the County Judge of Dallas County to advise the Superintendent of the Terrell State Hospital to accept this patient at the Terrell State Hospital without the formalities of another trial."
Chapter 266, Senate Bill No. 46, of the Regular Session of the 48th Legislature, to which you refer, provides as follows:
"The superintendent of any institution, after the examination as hereinafter provided, may permit any inmate thereof temporarily to leave such institution in charge of his guardian, relatives, friends, or by himself, for a period not exceeding twelve months, and may receive him when returned by any such guardian, relative, friend, or upon his own application, within such period, without any further order of commitment; but no patient, who has been charged with or convicted of some offense and been adjudged insane in accordance with the provisions of the code of criminal procedure, shall be permitted to temporarily leave such institution under any circumstances. The superintendent may require as a condition of such leave of absence, that the person in whose charge the patient is permitted to leave the institution shall make reports to him of the patient's condition. Any such superintendent, guardian, relative or friend may terminate such leave of absence at any time
2
and authorize the arrest and return of the patient. Any peace officer of this state shall cause such patient to be arrested and returned upon the request of any such superintendent, guardian, relative or
...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT