The Prohibited Substances and Items in Correctional Facility crime in the state of Texas gives police the right to arrest you if they believe you possessed as an inmate, or provided to an inmate, a number of different restricted items, including drugs, alcohol, weapons, cell phones, money and cigarettes. Learn more detailed information about the Prohibited Substances and Items in Correctional Facility offense below.

Prohibited Substances and Items in Correctional Facility is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.”

What is the current Texas law about Prohibited Substances and Items in Correctional Facility?

The current Texas law defines the offense of Prohibited Substances and Items in Correctional Facility in Penal Code Section §38.11 as follows:^[1]

(a) A person commits an offense if the person provides, or possesses with the intent to provide:

(1) an alcoholic beverage, controlled substance, or dangerous drug to a person in the custody of a correctional facility or civil commitment facility, except on the prescription of a practitioner;

(2) a deadly weapon to a person in the custody of a correctional facility or civil commitment facility;

(3) a cellular telephone or other wireless communications device or a component of one of those devices to a person in the custody of a correctional facility;

(4) money to a person confined in a correctional facility; or

(5) a cigarette or tobacco product to a person confined in a correctional facility, except that if the facility is a local jail regulated by the Commission on Jail Standards, the person commits an offense only if providing the cigarette or tobacco product violates a rule or regulation adopted by the sheriff or jail administrator that:

(A) prohibits the possession of a cigarette or tobacco product by a person confined in the jail; or

(B) places restrictions on:

(i) the possession of a cigarette or tobacco product by a person confined in the jail; or

(ii) the manner in which a cigarette or tobacco product may be provided to a person confined in the jail.

(b) A person commits an offense if the person takes an alcoholic beverage, controlled substance, or dangerous drug into a correctional facility or civil commitment facility.

(c) A person commits an offense if the person takes a controlled substance or dangerous drug on property owned, used, or controlled by a correctional facility or civil commitment facility.

(d) A person commits an offense if the person:

(1) possesses a controlled substance or dangerous drug while in a correctional facility or civil commitment facility or on property owned, used, or controlled by a correctional facility or civil commitment facility; or

(2) possesses a deadly weapon while in a correctional facility or civil commitment facility.

How can I be charged with Prohibited Substances and Items in Correctional Facility?

You can be charged with Prohibited Substances and Items in Correctional Facility if the state’s attorneys believe that each of the elements of 38.11 as described in the section above have been met.

What is the punishment for Prohibited Substances and Items in Correctional Facility?

A conviction for Prohibited Substances and Items in Correctional Facilityis punished as a felony of the third degree,^[2] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to ten years.

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Legal References:

^1. Texas Penal Code §38.11^2. Texas Penal Code §38.11(h)