Prohibited Substances in Correctional Facility

Texas law prohibits the possession and distribution of controlled substances in a correctional facility.  This offense arises several ways. Commonly, in these cases, an arrestee has concealed a control substance during an arrest or a person brings prohibited item into a prison or jail to give to others.

Under Section 38.11 of the Texas Penal Code, prosecutors can prove this offense several ways:

  1. A person provides or possesses with intent to provide:

an alcoholic beverage, controlled substance, or dangerous drug to a person in the custody of a correctional facility, except on the prescription of a practitioner; and certain tobacco products depending on the correctional facilities own rules; or cell phones, money, or deadly weapons

In a correctional facility.

  1. A person takes an alcoholic beverage, controlled substance, or dangerous drug into a correctional facility;
  2. A person takes a controlled substance or dangerous drug on property owned, used or controlled by a correctional facility; or
  3. A person
    1. Possesses a controlled substance or dangerous drug while in a correctional facility or on property owned, used, or controlled by a correctional facility;
    2. Or possesses a deadly weapon in a correctional facility.

What is a correctional facility?

A municipal or county jail, a confinement facility operated by the Texas Department of Criminal Justice,  a confinement facility operated under contract with any division of the Texas Department of Criminal Justice.

Possession of a prohibited substance in a correctional facility is a third degree felony, and is punishable by 2 to 10 years in prison and a fine not to exceed $10,000.00.

Prohibited Substances in a correctional facility is a serious offense.  It usually throws fuel on a pretty intense fire by adding additional criminal charges.  If you have questions about how to best defend charges including prohibited substances in a correctional facility, call 817-231-0023 to discuss your case and formulate a strategy.

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