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:
- 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.
- A person takes an alcoholic beverage, controlled substance, or dangerous drug into a correctional facility;
- A person takes a controlled substance or dangerous drug on property owned, used or controlled by a correctional facility; or
- A person
- Possesses a controlled substance or dangerous drug while in a correctional facility or on property owned, used, or controlled by a correctional facility;
- 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.
