Possession of a Controlled Substance in a Correctional Facility

Possession of Contraband in a Correctional Facility

Inmates have been smuggling prohibited or illegal items, such as drugs, tobacco, cellphones, and weapons, into jails and prison for decades.

They often recruit friends or relatives to bring unauthorized items during visitation or send them through the mail. Sometimes, guards or staff members are on the take. In recent years, there has been an increase in the use of drones to fly items over prison walls. 

In a highly-publicized case in 2017, an Oregon woman was sentenced to two years in federal prison for conspiracy after she passed seven tiny balloons filled with methamphetamine into her inmate boyfriend’s mouth during a long kiss during visitation. Two of the balloons ruptured and he died later of methamphetamine toxicity.

Regardless of the technique, smuggling contraband and prohibited substances into jail or prison is a crime. “Helping” an inmate get a prohibited item can lead to serious consequences both at the state and federal level.

In Texas, there are two separate state penal code offenses that cover items that can’t be brought into or possessed in a Texas jail or prison including:  

  • Prohibited Substance or Items in a Correction Facility 
  • Contraband in a Correctional Facility 

 Here’s an overview of the state statutes, punishment ranges, and some examples of people who were arrested for smuggling prohibited items or contraband into jail or prison. 

What Constitutes a Correctional Facility” in Texas? 

Under Texas Penal Code 1.07, a correction facility is a designated place of confinement for an individual who has been arrested, charged or convicted of a criminal offense. It includes:  

  • A city or county jail 
  • State run or private contract prisons
  • Community correction facilities, such as a halfway house  

What are “Prohibited Substances and Items in a Correctional Facility? 

Texas law prohibits the possession and distribution of drugs, alcohol, weapons, tobacco or money in a correctional facility. This offense can occur in several ways. Sometimes, an arrested person will conceal a drug during his or her arrest or before sentencing and it gets into the jail that way. Other times, a friend or family member or corrections officer may provide them with the prohibited substance.  

Under Texas Penal Code 38.11, it’s illegal in Texas for an individual to provide or attempt to provide an inmate at a correctional facility the following substances: 

  • Alcohol 
  • A controlled substance or dangerous drug 
  • A deadly weapon 
  • A cellular phone or other wireless communications device or components 
  • Money 
  • Cigarette or tobacco product (unless the sheriff or jail administrator allows it) 

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

Individuals who take a prohibited item into a correctional facility or on property owned or controlled by a correctional facility, face a third-degree felony punishable by 2 to 10 years in state prison and a maximum $10,000 fine. Federal charges are also possible. 

What Constitutes “Contraband” in a Correctional Facility?

Contraband in a Correctional Facility

When many people think of “contraband,” they often think of illegal drugs or guns. However, in jail or prison, contraband refers to items that have been banned by jail or prison operators, which may be harmless or legal in the free world. This could include coffee, soap, syringes, pornography, aspirin, or outside food. Facility operators often ban certain items because they can be used to make weapons, or because they are items that the inmates fight over or use as a substitute for money. Each correctional facility will have its own rules regarding contraband smuggling.  

Under Texas Penal Code 38.114, it is illegal to provide contraband to an inmate, introduce contraband to a correctional facility, or possess contraband in the correctional facility. (Alcohol, cigarettes, money and phones are covered under the “Prohibited Substances and Items in a Correctional Facility” statute above.) 

What is the Punishment for Contraband Smuggling in a Correctional Facility? 

Penal Code Section 38.11 prohibits controlled substances and alcohol in a correctional facility. A correctional facility includes a local jail. Controlled substances are defined to include drugs and marijuana. This is generally a third degree felony in Texas.

With regards to substances that are contraband but not listed under Penal Code 38.11, jail or prison employees or volunteers who provide, introduce, or possesses contraband at a correctional facility face a Class B misdemeanor charge. All other offenses under this statute are Class C misdemeanors. Federal charges are also possible. 

What are federal charges that can stem from smuggling drugs or other items into a correctional facility? 

Over the years, dozens of people have been charged federally for smuggling items into a correctional facility. Charges have included bribery, racketeering, drug trafficking, conspiracy, and engaging in organized criminal activity.   

Examples of People Arrested for Smuggling Items into Jail or Prison 

There are stories abound about friends and family members sending inmates drugs in cards or books. Prison guards have been arrested for smuggling cellphone into prisons. Lately, drones are being used to drop in goods. Here’s some examples of individuals who were arrested for smuggling items into a Texas jail or prison. Some were charged by state officials, while others were prosecuted federally. 

Contact Us

If you or a loved one is facing charges stemming from contraband or a prohibited substance in a correctional facility, you need a skilled defense attorney by your side. Our team includes former prosecutors and board certified attorneys with decades of experience. Call today for a complimentary strategy session. During this call we will: 

  • Discuss the facts of your case; 
  • Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and 
  • Discuss the defenses that apply to your plan and in general terms discuss our approach to your case. 

Call us at (817) 203-2220 or contact us online!

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About the Author Board Certified Lawyer Benson Varghese

About the Author

Benson Varghese is the managing partner of Varghese Summersett. He is a seasoned attorney, highly esteemed for his comprehensive knowledge and expertise in the field. He has successfully handled thousands of state and federal cases, ranging from misdemeanor driving while intoxicated cases to capital offenses, showcasing his commitment to preserving justice and upholding the rights of his clients. His firm covers criminal defense, personal injury, and family law matters. Benson is also a legal tech entrepreneur. Benson is a go-to authority in the legal community, known for his ability to explain complex legal concepts with clarity and precision. His writings offer a wealth of in-depth legal insights, reflecting his extensive experience and his passion for the law. Not only is Benson an accomplished litigator, but he is also a dedicated advocate for his clients, consistently striving to achieve the best possible outcomes for them. His authorship provides readers with valuable legal advice and an understanding of the complexities of the criminal justice system. CriminalPersonal InjuryFamily Law Contact
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