Inmate in County Jail on a misdemeanor - transferred to Austin State Hospital. Still under detainer from our county. ASH says they are not "a secure facility", which is obvious because inmate escapes from ASH.
Under 38.06, was he "confined in a secure correctional facility" because he was under the constructive restraint of the County Jail? I believe I know the answer, am just looking for a way to make this a felony!
Mental health advocates may take issue with suggesting that a state hospital is a "correctional facility." I don't think it fits the definition. How would it be any different than taking a prisoner to the hospital and leaving him without a guard? I have always told my police agencies that there is no such thing as constructive custody. If you want to file an escape on the guy he has to actually be under guard. That's my view, anyway.
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