WHAT IS UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE IN TEXAS?
The Texas law against unauthorized absence from a community corrections facility, a county correctional center, or an assignment site punishes the failure to report to or leaving a detention facility, treatment facility, or other location required as a condition of probation or deferred adjudication. A person on community supervision may be ordered to complete a stay in a secure facility, and may be charged with a crime for his or her unauthorized absence therefrom.
WHAT IS THE UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE LAW IN TEXAS?
Tex. Penal Code § 38.113. UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE.
(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.
(b) An offense under this section is a state jail felony.
WHAT IS THE PENALTY CLASS FOR UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE IN TEXAS?
Unauthorized absence from a community corrections facility, county corrections center, or assignment site is a state jail felony, punishable by 180 days to two years in a state jail facility.
WHAT IS THE PUNISHMENT RANGE FOR UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE IN TEXAS?
The punishment range for the state jail felony offense of unauthorized absence from a community corrections facility, county corrections center, or assignment site, is between 180 days and two years in a state jail facility, and a maximum $10,000 fine.
WHAT ARE THE PENALTIES FOR UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE IN TEXAS?
A person charged with an unauthorized absence from a community corrections facility, county correctional center, or assignment site may be eligible for probation after a conviction, or deferred adjudication without a conviction. The minimum term of community supervision is two years, and the maximum is five years, with the possibility of extending supervision for up to ten years.
WHAT ARE THE DEFENSES TO UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE IN TEXAS?
The statute does not authorize specific defenses to unauthorized absence from a community corrections facility, county correctional center, or assignment site. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
WHAT IS THE STATUTE OF LIMITATIONS FOR UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE IN TEXAS?
The limitation period for unauthorized absence from a community corrections facility, county correctional center, or assignment site, a state jail felony, is three years.
UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE IN TEXAS
By failing to report to a detention facility or treatment facility as required by a person’s conditions of deferred adjudication or probation, or leaving a facility without permission, a person exposes himself to the additional felony charge of unauthorized absence from a community corrections facility, county correctional center, or assignment site.
