Three types of jails and prisons in Texas

There are three types or categories of jails and prisons in Texas: county jail, state jail and prison. Offenders convicted of Class B and Class A misdemeanors are sentenced to county jail, those convicted of State Jail Felonies are sentenced to state jail, and those convicted of Third Degree Felonies or higher are sentenced to prison.

Absent unusual circumstances (capital murder), the judge usually has the option of probating the sentence, placing the defendant on community supervision, and requiring the person to comply with the many conditions that probation entails. The penalty for violating the terms of probation, however, include serving up to the maximum sentence available for the offense.

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Comments (4) Read through and enter the discussion with the form at the end
Joel Skotak - October 18, 2006 9:36 AM

I was recently asked what the difference between jail and prison is, and the following is a good answer I found.

"According to a definition used by the U.S. Bureau of Justice Statistics in its report, Prison and Jail Inmates at Midyear, jails are locally-operated correctional facilities that confine persons before or after adjudication. Inmates sentenced to jail usually have a sentence of 1 year or less. (This can vary by state.) Jails also incarcerate persons in a variety of other categories, such as persons being held pending arraignment, trial, conviction, or sentencing; those who have been returned to custody following violation of the terms of their release on probation or parole; and persons being transferred to the custody of other criminal justice/correctional authorities.

Prisons are operated by either a state or the federal government, and they confine only those individuals who have been sentenced to 1 year or more of incarceration. Generally, persons sentenced to prison have been convicted of a felony offense."

Hannah Munden - July 7, 2007 9:29 PM

Thank you for the informative information about the probation, jail and prison's in Texas. The judicial system in Texas is a very scary and expensive place. I still can't get over the fact that in 2007 we are incarcerating people with the disease of addiction. I think every person that works in any field of the judicial system should be required by law to read Carlton Erickson's book, The Science of Addiction, and also attend educational classes. Ignorance is inexcusable.HBO had a very informative series on addiction, couldn't it be used as a resource for educating? Hannah Munden R.N.

melissa ramos - June 25, 2009 6:01 PM

Is the charge Deadly Conduct with a weapon a 3G offense?

JANIE GARZA - July 22, 2011 11:20 AM

MY SON HAS A 3RD DEGREE FELONY & VIOLATION OF PROBATION * THE DA OFFERED HIM 7 YRS IN PRISON.
IS THAT RIGHT? SORRY I DON'T UNDERSTAND WHAT THEY ARE OFFERING

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