Granting a request for a non-medical
emergency absence is a discretionary decision
made by TDCJ with public safety being the
prime consideration. The offender absent on
emergency leave under escort is considered to
be in the custody of TDCJ and
the offender must be under constant physical guard while absent.
Non-medical emergency absences may be granted to approved offenders for attending the funeral of an immediate family member, visiting a funeral home to view a deceased immediate family member or visiting a critically ill immediate family member.
An immediate family member is defined as the offender’s parents, spouse, siblings, halfsiblings and children.
Surrogate parents are included if the relationship of the surrogate to the offender is verifiable from established TDCJ files.
Offenders normally will not be approved for a non-medical emergency absence unless they meet strict guidelines.
These guidelines include being at least Line Class 1, G3 custody
with no major disciplinary penalties
during the last six months,
no disciplinary history of assaults on staff,
within 12 months of parole eligibility,
in TDCJ custody for six months and
having no unresolved pending felony
or U.S. Immigration detainer.
Additionally, the offender must not have been
incarcerated in or sentenced to an adult
correctional unit for committing, soliciting,
attempting, conspiring or aiding others to
commit, solicit, attempt, conspire to commit
certain offenses to include:
a. Homicide, (Capital Murder; Murder; Voluntary Manslaughter; or any other homicide offense)
b. Kidnapping, (Aggravated Kidnapping; Kidnapping; False Imprisonment; or any other kidnapping offense)
c. Sex Offense, (Rape; Sexual Assault; Sexual Abuse; Aggravated Rape; Aggravated Sexual Abuse; or any other sexual assault offense to include Indecency with a Child)
d. Robbery, (Robbery; Aggravated Robbery; or any other robbery offense)
e. Assault, (Assault; Aggravated Assault; Injury to a Child; Injury to an Elderly Person; or any other assault offense)
f. Escape, (Any escape offense from an adult correctional facility)
g. Any offense in which the offender used or exhibited a deadly weapon during the commission of the offense or during the immediate flight therefrom and where an affirmative finding on use of a deadly weapon was made by the trial court or jury.
State Jail offenders must be at least J2 custody.
Offenders must have been in TDCJ custody for six months or for one-third of their sentence, whichever comes first.
All emergency absences are granted under TDCJ escort and must be completed within 24 hours of departing the unit.
Emergency absences requiring an overnight stay may not be granted and no out-of-state emergency absences will be granted.
An offender may be released on emergency absence two times during a 12-month period.
Emergency absence requests should be
directed by the attending physician
or funeral home director to Classification and Records
via FAX at 936-437-8721.