General Definitions

As used in this Chapter:

(a)“Custody” means restraint by any public officer or employee pursuant to an order of a court other than an arrest warrant or restraint by a peace officer or other person concerned in detention:

(1)pursuant to an arrest, with or without an arrest warrant, during or subsequent to the official booking of the person arrested; or

(2)in a detention facility.

(b)“Detention Facility” means:

(1)any place used for confinement, pursuant to an order of a court, of:

(A)persons charged with or convicted of an offense;

(B)persons against whom judicial proceedings leading to involuntary confinement have begun, are pending or have been concluded; or

(C)persons against whom extradition orders are sought or have been obtained.

(2)any place to which a person ordered to be confined to a detention facility pursuant to Paragraph

(1)has been or is being lawfully taken for purposes of labor, court appearance, recreation, medical or hospital care, transit or similar purpose.

(c)Notwithstanding Subsections

(a)and (b), neither “custody” nor “detention facility” includes release on parole, probation or other correctional supervision, or constraint incident to release, with bail or on one’s own recognizance, by court order or by other lawful authority upon condition of subsequent personal appearance at a designated time and place.

(d)“Escape Implement” means any article or thing which is capable of such use as may endanger the security of a detention facility or facilitate the escape of any person confined therein.

(e)“Dangerous Instrument” means any firearm, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in a manner it is used or intended to be used is known to be capable of producing death or serious bodily injury.

(f)“Controlled Substance” means as it is defined in § 67.12(d) of this Code.