INCHOATE OFFENSES Part 8

DETECTION OF PHONE IN CORRECTIONAL OR DETENTION FACILITY

USE OF INTERCEPTION DEVICE BY INSPECTOR GENERAL. 

The office of inspector general of the Texas Department of Criminal Justice may:

– without a warrant, use an interception device to detect the presence or use of a cellular telephone or other wireless communications device in a correctional facility;

–  without a warrant, intercept, monitor, detect, or, prevent the transmission of a communication through a cellular telephone or other wireless communications device in a correctional facility; and

–  use, to the extent authorized by law, any information obtained, including the contents of an intercepted communication, in a criminal or civil proceeding before a court or other governmental agency or entity.

When using an interception device, the office of inspector general shall minimize the impact of the device on a communication that is not reasonably related to the detection of the presence or use of a cellular telephone or other wireless communications device in a correctional facility.

REPORTING USE OF INTERCEPTION DEVICE.  

Not later than the 30th day after the date on which the office of inspector general uses an interception device, the inspector general shall report the use of the device to:

–  a prosecutor with jurisdiction in the county in which the device was used; or

– the special prosecution unit, if that unit has jurisdiction in the county in which the device was used.  

NO EXPECTATION OF PRIVACY.  

A person confined in a correctional facility does not have an expectation of privacy with respect to the possession or use of a cellular telephone or other wireless communications device located on the premises of the facility.

AGENCIES AND PERSONNEL AUTHORIZED TO POSSESS AND USE INTERCEPTION DEVICES

DEPARTMENT OF PUBLIC SAFETY AUTHORIZED TO POSSESS AND USE INTERCEPTION DEVICE.  

– Except as otherwise provided, only the department is authorized by this chapter to own, possess, install, operate, or monitor an interception device.

An investigative or law enforcement officer or other person may assist the department in the operation and monitoring of an interception of wire, oral, or electronic communications if the officer or other person:

–  is designated by the director for that purpose; and

–  acts in the presence and under the direction of a commissioned officer of the department.

– The director shall designate in writing the commissioned officers of the department who are responsible for the possession, installation, operation, and monitoring of interception devices for the department.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE AUTHORIZED TO POSSESS AND USE INTERCEPTION DEVICE.  

– The Texas Department of Criminal Justice may own an interception device for a use or purpose.

– The inspector general of the Texas Department of Criminal Justice, a commissioned officer of that office, or a person acting in the presence and under the direction of the commissioned officer may possess, install, operate, or monitor the interception device.  

TEXAS JUVENILE JUSTICE DEPARTMENT AUTHORIZED TO POSSESS AND USE INTERCEPTION DEVICE.  

–  The Texas Juvenile Justice Department may own an interception device for a use or purpose.

– The inspector general of the Texas Juvenile Justice Department, a commissioned officer of that office, or a person acting in the presence and under the direction of the commissioned officer may possess, install, operate, or monitor the interception device.  

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