View Full Version : Serving state jail in county

06-20-2012, 10:51 AM
I found out yesterday that they dropped my sentence so know I only have to go for six months thanks to my back time. I am on a state jail felony in Texas. Last I heard jails in Texas are really full so is there anyway I could sit my six months in county. If there is should I? I've never been to prison or state jail so I don't know what's better my county has no female trusties do it's all down time where as I know state jail I'll be working but I'm just anxiouse about it so any feed back would be nice.

06-20-2012, 08:52 PM
You're more likely to get answers to your questions in your state specific forum. I'll move this there for you.

06-20-2012, 09:58 PM
i doubt it. you will prob still go to state. my hunny had a state jail felony and only had to do 7 months. he waited in county for a few months and is now in state. 3 n a half months left.

06-21-2012, 08:42 AM
At this point you probably have no choice where to serve out your sentence but thee are possibilities (in terms of choice) that you might discuss with your attorney. I'll mention more about that further down but I can tell you that while my wife was at Plane they were sending confines from the smaller counties back to the county jails to finish serving their sentence due to population issues so perhaps that issue exists at the other two womens state jails, as well, (Tom Green County suggests Woodman as a more likely destination) but, even if it does, prison/jail population is an issue that comes and goes and what was the situation a year ago might not apply now.

Another legal possibility is one that is usually bargained for prior to sentencing but remains possible for six months afterwards. That has to do with reduction of state jail punishment to misdemeanor punishment provided for in Penal Code 12.44(a) and (b). If you have already pled and been convicted then only subsection (a) remains available. PC 12.44(a) is a form of clemency that is at the discretion of the court whereby someone convicted of a state jail felony can punished as for a Class A misdemeanor if it chooses to do so "after considering the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice". This is usually only a possibility on a first offense and probably not one of a particularly egregious nature. Though the court has this power it is not one that the court usually considers on their own motion. Typically it is something brought up by the defense attorney. If your history is such that your attorney could make an argument for leniency by the court then, even though it is typically done beforehand, it at least remains a legal possibility for you now.

Now, the advantage of someone being punished under PC 12.44 is that they can also get county good time knocked off their sentence, though the judge also has the discretion to order time served to be day for day. However, if that were the judge's mindset they probably would simply choose to not grant the 12.44 in the first place.

A far as where time is better spent probably depends on what county jail one is talking about and what state jail. Harris county jail is effen horrible and my wife couldn't wait to get out of there to Plane. As bad as Plane is there is a much greater freedom of movement which includes being able to not just see daylight but actually get out in it. Not so at Harris County and that's just one advantage. Other county jails, however, may not be so bad as Harris County and, if the state jail one ends up at is Dawson then you are back to not seeing the light of day for the time served.

06-21-2012, 11:28 AM
Thank you for your feed back I will talk to my attorney I haven't signed yet so maybe but I still am just not sure if I want to try for that or not. Thanks again

06-21-2012, 06:01 PM
Few SJF sentences are served out in county facilities. While working another case, I saw one person in Denton County transferred out who only owed 14 days to discharge. The 12.44a option certainly exists but it is something that is generally going to be a part of the negotiated isn't something the bench tends to do sua sponte.

In select circumstances, a County can bring someone back who possesses some unique skill that benefits the County. Those are generally the only reason beyond a bench warrant on new charges (or a motion to revoke a term of probation). I've not seen transfers on a 'crowding' issue to create TDCJ bedspace.

06-21-2012, 09:59 PM
I am in a rural county and I have seen it happen with someone they really trust who is willing to work, wash cars, clean up around the jail, etc. A word of advice if it is going to cost them a lot of medical bills to keep you, you are going.

06-26-2012, 06:40 AM
My first thought on this had to do with my second son. He did his state jail at county but that was mainly due to the fact that it took so long to get through the court process and by time he did, his time was completed.

With that being said, I would say it is likely that you will go to state jail. Since you have never been down, TDCJ will want to get you classified to include the DNA blood work to put into their database. With that being said you will either go to Woodman or Plane State for diagnostics from there you will go to Dawson State Jail. In all honesty because you do have so little time, the chances that you will be allowed to work is pretty much nil. I say that because I have done all of my state time at the above mentioned facilities either in diag or at Dawson. Dawson is the only "state jail facility" for women. You will be considered a "short timer" and most bosses want people who have at least six months to a year left to do and since you more than likely will only have three or four months left on your sentence you will not be eligible. Also, you will be ineligible for most education because of your short time status. I hate to make it sound crappy but in reality short timers will do their time in the dorm. My suggestion to you would be to participate in church services and bible study classes because in reality that is all you will be able to do.