The Laws of Prison: Things I Learned as a Public Defender in TDCJ

So, you've been convicted of a felony and are looking at a stay at in the Texas Department of Criminal Justice: Institutional Division (TDCJ). If you're lucky, you have plenty of back-time and--combined with a short-sentence--you'll be out in less than 2 years. However, a lot can happen in those two years that can extend your stay. Texas has several laws that are designed to make your incarceration as long and uncomfortable as possible. I'm going to teach you about some of these laws and how they interact with each other

Before we talk about the harshness of the prison system, it's important to know how the criminal justice system handles felonies committed in TDCJ. Usually, when a criminal defendant is sentenced for multiple crimes, the judge has discretion to say whether the sentences get stacked (consecutively) or they run together (concurrently). However, Texas Code of Criminal Procedure 42..08(b) says that crimes committed by TDCJ inmates MUST be stacked. So, if you have a year remaining on the inside, and plead guilty to a felony 3 years, you now have to discharge your original sentence before you start serving the next three.

The most frequent felonies that occur in TDCJ (apart from maybe assaults) can be found Texas Penal Code 38.11 (Prohibited Substances and Items in a Correctional Facility). 38.11 makes it a third degree felony (2-10 years; and a fine not to exceed $10,0000) to have a dangerous drug, a deadly weapon or--get this--a cell phone or any component used for the ongoing function of one.. This means that a conviction for having something as small as a charger or a sim card can ADD AT LEAST 2 to 10 years to your sentence.

I said "AT LEAST 2 to 10 years" because, if you are an inmate in TDCJ, then you have been convicted of at least one felony. That previous conviction can enhance the range of punishment from that of a third degree to 2 to 20 years, or even 25 to 99 or life (if there was a previous pen trip).

With mandatory stacking and enhancements, it can be overwhelming to think of the potential consequences. However, there are still laws and cases that provide protection to inmates. If you or a loved one are charged with a crime alleged to have occurred in TDCJ, you want an attorney who knows the system and how to use it.