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1992 Texas Attorney General Reports and Opinions 368 (1992)

handle is hein.sag/sagtx0046 and id is 1 raw text is: DAN MORALES ATTORNEY GENERAL Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002-1891 Dear Mr. Driscoll: Opinion No. DM-73 Re: Whether a county pre-trial services agency is authorized under chapter 17 of the Code of Criminal Procedure to hold personal property as additional security for personal bond if additional security is ordered by the district court, and, if so, where such personal property should be held (RQ-193) You ask whether the Harris County Pre-Trial Services Agency' (the pre-trial services agency) is authorized under chapter 17 of the Code of Criminal Procedure to hold personal property as security for a personal bond when the security is ordered by the district court. If the pre-trial services agency is permitted to do so, you also ask us to address how the pre-trial services agency should handle such property. Chapter 17 of the Code of Criminal Procedure sets forth various procedures and requirements for setting bail to allow the pre-trial release of criminal defendants while ensuring their presence at trial. Although the bail bond is the traditional vehicle for achieving t.his goal, article 17.03 of the Code of Criminal Procedure provides that a magistrate may, in the magistrate's discretion, release the defendant on his personal bond without sureties or other security. Article 17.04 sets forth the requisites of a personal bond. A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08, except that no IWe note that the Harris County Pre-Trial Services Agency has been the subject of protracted litigation and numerous orders in a federal district court proceeding, Alberti v. Sheriff of Harris County, Civil Action No. 72-H-1094, United States District Court for the Southern District of Texas Houston Division. In this opinion, we address the authority of the Harris County Pre-Trial Services Agency only in terms of chapter 17 of the Code of Criminal Procedure. We do not address any additional duties that may be imposed upon it by federal court order. -. 368 office of the ttorney Oenerat State of Texas January 15, 1992

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