6.1Texas Code of Criminal Procedure Intake Procedures Summary

Commitment and Arrest Warrants

• Commitment (Art. 16.20): An order signed by a proper magistrate directing a sheriff to receive and place a person in jail.

  • Runs in the name of "The State of Texas".

  • Addressed to the sheriff of the county jail where the defendant is committed.

  • States plain language offense, name (or accurate description), court, and time to answer.

  • States if no safe jail exists in the county where prosecution arose.

  • States bail amount if bail has been granted.

• Warrant of Arrest (Art. 15.01 & 15.02): Written order from a magistrate commanding a peace officer or named person to take the accused into custody.

  • Issues in the name of "The State of Texas".

  • Must specify the name or reasonably definite description of the person.

  • Must state the person is accused of an offense against State laws and name the offense.

  • Must be signed by the magistrate with their office named in the warrant body or signature.

• Early Identification (Art. 16.22): Addresses early identification of defendants suspected of having mental illness or intellectual disability.

Capias and Summons

It basically just additional charges added tho

• Capias Definition (Art. 23.01): A writ issued by a judge or clerk after commitment or bail and before trial, directed "To any peace officer of the State of Texas", commanding the arrest of an accused person to bring them before the court immediately or on a specified day/term.

• Requisites of Capias (Art. 23.02):

  • Runs in the name of "The State of Texas".

  • Names or describes the person whose arrest is ordered.

  • Specifies the offense against the penal laws of the State.

  • Names the return court and time.

  • Is dated and attested officially by the issuing authority.

• Capias or Summons in Felony (Art. 23.03): Issued by the district clerk upon felony indictment after bail is set or denied.

  • Summons is served personally, left at the dwelling with a person of suitable age and discretion, or mailed.

  • Summons must prominently state in English and Spanish the legal warning against witness tampering, coercion, or retaliation.

• Capias Pro Fine (Art. 43.015(2)): A writ issued after judgment and sentence for unpaid fines and costs, commanding a peace officer to arrest and bring the convicted person before the court immediately.

Writs of Attachment

• Requisites of Attachment / Bench Warrant (Art. 24.11): Writ issued under seal by a court clerk, magistrate, or grand jury foreman commanding a peace officer to bring a witness to testify on a named day or forthwith.

• Attachment for Convict Witnesses (Art. 24.13): Permits convicted persons in Texas Department of Criminal Justice institutions or jails to testify in person when the presiding judge finds the ends of justice require attendance.

• Attachment for Resident Witness (Art. 24.14): Requested if a witness residing in the prosecution county is about to move out of the county. In misdemeanor cases, a personal bond is taken if the witness swears they cannot give surety.

Custody, Judgments, and Fugitive Warrants

• Authority for Confinement (Art. 43.11): A certified copy of the judgment and sentence serves as sufficient authority for the sheriff to place a defendant in jail.

• Further Enforcement of Judgment (Art. 43.08): When committed to jail in default of fine and costs, judgment enforcement follows Code provisions.

• Sheriff's Duties (Art. 2A.064):

  • Sheriff shall place committed defendants in jail.

  • Sheriff may permit a defendant committed for want of bail to remain out of jail for a reasonable time to procure bail.

• Magistrate's Warrant & Complaint for Fugitive (Art. 51.03 & 51.04): Issued by a magistrate upon complaint to arrest a fugitive from another State.

  • Complaint must recite name, originating State, offense, statement of fleeing to Texas, and that the act violates the penal law of the originating State.

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Intake Procedures, Custody Statutes, and Legal Liability Notes

Refusal and Failure to Execute Process

• Refusing to Execute Writ (Code of Criminal Procedure, Art. 11.60): Any officer to whom a writ of habeas corpus, warrant, or process is directed, delivered, or tendered who refuses to execute it according to directions, or wantously delays service or execution, is liable for a fine as for contempt of court.

• Fine for Failure to Execute Process (Code of Criminal Procedure, Art. 2A.055): A sheriff or other officer who willfully refuses or neglects to execute any summons, subpoena, attachment for a witness, or any other legal process is liable for a contempt fine in an amount between $\$10$ and $\$200$, enforced in the same manner as a fine for contempt in a civil case.

Penal Code Statutes Related to Inmate Custody and Restraint

• Permitting or Facilitating Escape (Penal Code, Sec. 38.07):

  • An official or employee of a correctional facility commits an offense if they knowingly permit or facilitate the escape of a person in custody.

  • A person commits an offense if they knowingly cause or facilitate the escape of an individual in custody for chemical dependency under Chapter 462, Health and Safety Code, or under involuntary commitment for mental illness under Subtitle C, Title 7, Health and Safety Code.

  • Offense Classifications:

  • Class A misdemeanor by default.

  • Felony of the third degree if the inmate was under arrest for, charged with, or convicted of a felony, or confined in a correctional facility other than a secure correctional facility after a felony conviction.

  • Felony of the second degree if a deadly weapon was used or threatened to effect escape, or if the inmate was confined in a secure correctional facility after conviction of a felony.

  • Correctional Facility Definition: Includes places described by Section 1.07(a)(14) or a secure correctional/detention facility defined by Section 51.02, Family Code.

• Unlawful Restraint (Penal Code, Sec. 20.02):

  • A person commits an offense by intentionally or knowingly restraining another person.

  • Affirmative Defenses:

  • Restrained person was a child younger than $14$ years of age, actor was a relative, and sole intent was to assume lawful control.

  • Restrained person was a child aged $14$ to $16$ years of age, actor did not use force, intimidation, or deception, and actor was not more than $3$ years older than the child.

  • Offense Classifications:

  • Class A misdemeanor by default.

  • State jail felony if the victim is a child younger than $17$ years of age.

  • Felony of the third degree if actor recklessly exposes victim to substantial risk of serious bodily injury, restrains a known public servant discharging official duty (or in retaliation), or restrains any person while in custody or committed to a civil commitment facility.

  • Felony of the second degree if actor restrains a known peace officer or judge discharging official duty or in retaliation.

  • Lawful Exception: It is no offense to detain or move another to effect a lawful arrest or detain a lawfully arrested individual.

Inmate Credentials and Identification Requirements

• Required Credentials for Intake (6.1.3):

  • Peace Officers: Texas Peace Officer License.

  • Correctional Officers: Credentials from Texas Department of Criminal Justice (TDCJ), another county jail, or authorized private transport agencies.

  • Department Policy Credentials: Driver's license or State bar card.

  • Process Executors: Person specially named to execute process.

• Methods for Obtaining Identification (6.1.4):

  • State-Issued Documents: Driver's license or Identification card containing Name, Date of birth, and Address.

  • Computerized Criminal History (CCH): Provides Name, Date of birth, Social Security number and/or card, Texas Department of Public Safety (DPS) State Identification (SID) number, Federal Bureau of Investigation (FBI) number, or Passport.

  • Automated Fingerprint Identification System (AFIS): Used to establish identity via fingerprint verification.

  • Supervisor Assistance: Contact supervisor.

Inmate Status Updates and Legal Ramifications

• Inmate Status Updates (6.1.5):

  • Daily check and update of inmate files for: Indictments/No bill, Dismissals, Declines of prosecution, Convictions, Acquittals, Releases, New charges, and Bond information (amount and special requirements).

  • Sheriffs: Report on Prisoners (Code of Criminal Procedure, Art. 2A.204): On the first day of each month, the sheriff must provide written notice to the district or county attorney listing each prisoner in custody, including their name and detention authority.

• State Criminal Liability for Non-Compliance:

  • Official Oppression (Penal Code, Sec. 39.03): Public servant acting under color of office who intentionally subjects another to unlawful mistreatment, arrest, detention, search, seizure, dispossession, assessment, or lien; denies/impedes exercise of rights; or subjects another to sexual harassment. Class A misdemeanor, or third-degree felony if intended to impair PEIMS data reported to the Texas Education Agency under Sections 48.008 and 48.009, Education Code.

  • Violations of Civil Rights of Person in Custody; Improper Sexual Activity (Penal Code, Sec. 39.04): Official, employee, volunteer, paid non-employee of a correctional or juvenile facility, or peace officer who intentionally denies/impedes rights or engages in sexual contact/intercourse with an individual in custody.

• Federal Criminal Liability for Non-Compliance:

  • Conspiracy Against Rights (USC Title 18, Section 241): Conspiracy by two or more persons to injure, oppress, threaten, or intimidate any person in the free exercise or enjoyment of constitutional or federal statutory rights. Subject to fines, imprisonment up to $10$ years, or both (or death/life imprisonment if death results or acts include kidnapping).

Deprivation of Rights Under Federal Law

Deprivation of Rights Under Color of Law (USC Title 18, Section 242)

• Prohibits willfully subjecting any person, under color of any law, statute, ordinance, regulation, or custom, to the deprivation of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.

• Prohibits subjecting a person to different punishments, pains, or penalties on account of being an alien, or by reason of color or race, than are prescribed for the punishment of citizens.

• Penalties:

  • Standard violation: Fined under this title, imprisoned not more than one year, or both.

  • Violations resulting in bodily injury, or involving the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire: Fined under this title, imprisoned not more than ten years, or both.

  • Violations resulting in death, or involving kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill: Fined under this title, imprisoned for any term of years or for life, or both, or may be sentenced to death.

Civil Action for Deprivation of Rights (USC Title 42, Section 1983)

• Establishes civil liability for any person who, under color of any statute, ordinance, regulation, custom, or usage of any State, Territory, or the District of Columbia, subjects or causes a person to be deprived of rights, privileges, or immunities secured by the Constitution and laws.

• Subjects offenders to an action at law, suit in equity, or other proper proceeding for redress.

• Judicial Officer Exception: Injunctive relief shall not be granted in an action brought against a judicial officer for an act or omission taken in their judicial capacity, unless a declaratory decree was violated or declaratory relief was unavailable.

• Statutory Definition: Any Act of Congress applicable exclusively to the District of Columbia is considered a statute of the District of Columbia for the purposes of this section.

• Legal Writs and Mandates

  • Warrant of Arrest (CCP 15.01 and 15.02): A written order from a magistrate directed to a peace officer or specially named person, commanding them to take the body of the accused to be dealt with according to law.

  • Capias (Article 23.03): A writ issued by the court or clerk, directed "To any peace officer of the State of Texas", commanding them to arrest an accused person and bring them before the court immediately or on a stated day or term.

  • Commitment (CCP 16.20 and 16.22): An order signed by a magistrate directing a sheriff to receive and place the committed person in jail. This serves as Atherty for contiddment.

  • Attachment / Beach warrent: A writ issued under seal by a court clerk, magistrate, or grand jury foreman commanding a peace officer to bring a witness to testify. Also issued when incarcerated individuals are permitted by court order to testify in person.

  • Resident Witness Attachment: Issued when a material witness residing in the county of prosecution is about to move out of the county. In misdemeanor cases, if the witness makes oath that they cannot give surety, the executing officer shall take a personal bond.

  • Majistraight warrant: Issued by a magistrate upon complaint to apprehend a fugitive from justice from another State.

  • Copies as profil: Refers to the commitment of a defendant to jail in default of fine and costs adjusted against them.

  Custody and Officer Responsibilities

  • Custody of Prisoners (Art. 2.18 [42] [50] [51]): Prisoners committed to jail by warrant from a magistrate or court must be placed in jail by the sheriff. It is a violation of duty for a sheriff to permit a committed defendant to remain out of jail, except allowing a reasonable time to procure bail (Custody and defendent).

  • Refusing to Execute Process: Any officer who refuses or wantonly delays executing a writ of habeas corpus or other authorized process is liable to a fine for contempt of court (refusing to excut).

  • Failure to Execute Witness Process: Willfully refusing or failing to execute any summons, subpoena, or attachment for a witness results in a fine of not less than ten nor more than two hundred dollars.

  • Permitting or Facilitating an Escape (PC 38.07): Governs criminal liability for allowing or assisting an inmate escape.

  • Unlawfull Restraint: Intentionally or knowingly restraining another person. It is an affirmative defense if the person restrained was a child under 14, the actor was a relative, and the sole intent was lawful control. Offense levels range from Class A misdemeanor to state jail felony (child under 17) or third-degree felony (reckless risk of serious bodily injury, victim is a public servant, or committed while in custody).

  Inmate Records and Status Updates

  • Inmate File Maintenance: An inmate file must updated daily.

  • Inmate Status Update Requirements: Updating an inmate's status requires recording the following:

    • Indictment/No bill

    • Dismissals

    • Declines of prosecution

    • covictiftals

    • Acquit

    • Releases

    • Sicuts

    • Jagel