The Texas Unauthorized Absence From Community Corrections Facility, County Correctional Center, or Assignment Site law makes it a criminal offense to fail to report to a jail or leave a jail (or other correctional facility) if you are sentenced by the court or required as a condition of community supervision to be there.
FAQs about the
Unauthorized Absence law in Texas
- What is the current Texas law about Unauthorized Absence from Community Corrections Facility, County Correctional Center or Assignment Site?
- What is the penalty for a Texas Unauthorized Absence offense?
- How can I be charged with an Unauthorized Absence offense in Texas?
- What is the statute of limitations for Unauthorized Absence in Texas?
- Can you get probation for Unauthorized Absence in Texas?
- What level of crime is Unauthorized Absence in Texas?
The Texas Legislature codified this criminal offense in Texas Penal Code Section 38.113. The Legislature did not update this law in 2023. In fact, this law has not been amended since 1995.
The Penal Code classifies the Texas Unauthorized Absence law under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.” Learn more about the Texas offense of Unauthorized Absence from Community Corrections Facility, County Correctional Center or Assignment Site below.
What is the current Texas law about Unauthorized Absence from Community Corrections Facility, County Correctional Center or Assignment Site?
Texas Penal Code §38.113 currently defines Unauthorized Absence from Community Corrections Facility, County Correctional Center or Assignment Site as follows:[1]
(a) A person commits an offense if the person:
(1) is sentenced to or is required as a condition of community supervision or correctional programming to submit to a period of detention or treatment in a community corrections facility or county correctional center;
(2) fails to report to or leaves the facility, the center, or a community service assignment site as directed by the court, community supervision and corrections department supervising the person, or director of the facility or center in which the person is detained or treated, as appropriate; and
(3) in failing to report or leaving acts without the approval of the court, the community supervision and corrections department supervising the person, or the director of the facility or center in which the person is detained or treated.
What is the penalty for a Texas Unauthorized Absence offense?
A conviction for Unauthorized Absence From Community Corrections Facility, County Correctional Center, or Assignment Site in Texas is punished as a state jail felony,[2] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.
How can I be charged with an Unauthorized Absence offense in Texas?
You can be charged with Unauthorized Absence From Community Corrections Facility, County Correctional Center, or Assignment Site in Texas if the state’s attorneys believe that each of the elements of §38.113(a) as described in the section above has been met.
What is the statute of limitations for Unauthorized Absence in Texas?
The statute of limitations for Unauthorized Absence offenses in Texas is three years.[3]
Can you get probation for Unauthorized Absence in Texas?
Yes. Probation is generally available for Unauthorized Absence in Texas. The Texas Code of Criminal Procedure allows both judges and juries to grant community supervision, commonly called probation, for Unauthorized Absence, and judges may also grant deferred adjudication community supervision.[4]
However, important restrictions apply. Neither a judge nor a jury may grant community supervision if the imposed term of imprisonment exceeds 10 years.[5] Additionally, a judge may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[6]
What level of crime is Unauthorized Absence in Texas?
The Penal Code classifies Unauthorized Absence as a state jail felony.
Learn more about the penalty range for this offense in the section above.
Legal References compiled by attorney Paul Saputo:
^3. See Code of Criminal Procedure §12.01(11)^4. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^5. See Art. 42A.053(c), Texas Code of Criminal Procedure (judge-ordered community supervision); Art. 42A.056(1) (jury-recommended community supervision)^6. Art. 42A.054(b), Texas Code of Criminal Procedure
