the difference between jail & prison

The movies, television shows, and even some quality journal articles make prison and jail seem the same. But they are not the same thing and are entirely different. Below, we explain the key differences and highlight some ancillary issues regarding Texas and the Texas Department of Corrections (TDCJ). Please check back often for more information.

Jails and prisons are different. Here is what you need to know.

By Matthew 

You may often hear people use these terms interchangeably, but they are entirely different and have different meanings, and those meanings can vary across states.

But in general (again, this can vary across states), a jail is meant to house defendants waiting for their case to reach some point of resolution. The case is still open (pending), and the defendant and the government have not yet reached a final disposition (ending).

In Texas, the jail houses and punishes people charged with misdemeanor crimes. Check out our table here for a better understanding of crimes and categories.

So, if someone is in jail in Texas, they are either waiting to resolve their case or serving a misdemeanor punishment. All misdemeanors (Class A, Class B, Class C) are punishable by county jail time.

Also, keep in mind that there are also city jails. City jails are even more temporary than county jails. Typically, a person will be placed in city jail and transported to county jail. In every city jail, wait times vary for city-to-county jail transfer of inmates. For example, if the Irving Police Department arrests an individual and places that person in Irving City Jail, it could take a few days before they get shipped to Dallas County, AKA Lew Sterrett Jail. Or, if it is a busy weekend and the jail transportation is quick, a person may only be in Irving for one night or less.

There are several options to locate someone in county or city jail. Sometimes, the county jails will have all this information online, while city jails may require a phone call. The point is that every jail, county, or city will have its protocols and way of looking up inmates. Hence, this website needs to try and keep up to date with the ever-changing local jail policies and procedures.

Either way, jail is more temporary or less severe than prison. Prison typically means that a judge or jury has sentenced a person, and the government punishes them by placing them in prison. In Texas, the Texas Department of Corrections (TDCJ) is the department that runs the Texas prisons. The best way to look up inmates the court has already sentenced is to visit the TDCJ inmate page here.

What if my loved one is in county jail, goes to court, and the court sentences him to prison?

In Texas, the typical time for TDCJ to come and pick up an inmate is typically from four to six weeks, but this can vary depending on the conditions. For example, in this writing, TDCJ has issued a state-wide lockdown for increasing violence. While not written anywhere, this often increases the wait time for inmate transfer from county jails to TDCJ prisons. So, while four to six weeks is the norm, it can always be different.

Why doesn’t TDCJ tell me when they will pick up my loved one from county jail?

There are numerous reasons why no one but the government knows the exact pick-up time, but one of the largest is for security reasons. The government does not want to risk the potential escape of an inmate by knowing exactly when and where TDCJ will be moving them.

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