Criminal Division

The Criminal Division of SPU was created in 1984.  SPU has served as an important check and balance in the criminal justice system in Texas.  It provides Texans with an outside and impartial attorney for the state, balancing the interests of public safety and justice, while ensuring faith in the state correctional institutions through its collaboration with the Office of the Inspector General for the Texas Board of Criminal Justice.  

The Criminal Division prosecutes offenders, TDCJ employees, and civilians who commit crimes while on property owned, operated or controlled by TDCJ.  Since 1984, the Criminal Division has been primarily funded through Criminal Justice Grants from the Governor's Criminal Justice Division.  

Because many of the prison units are located in rural areas of the state, the prison caseloads can overburden the limited resources of most rural prosecutors who are faced with a backlog of cases in their jurisdictions.  In jurisdictions where the Criminal Divisions' services are utilized, the prosecutor and investigator assigned to that area coordinate prosecution strategy with the local elected District Attorney/ Criminal District Attorney.  All cases assigned to SPU are handled from intake review through the appellate process.  

While the TDCJ - Office of the Inspector General (OIG) is tasked with investigating allegations of criminal behavior, excessive use of force, and suspected fraud, it is SPU, an agency independent from TDCJ, that actually reviews and prosecutes these cases.  SPU emphasized the disruption of prison gang activities.  Not only does such criminal activity threaten the peace and security within a prison unit, but these gangs perpetuate crime beyond prison walls.  Seemingly simple offenses, such as possession of a cell phone or other contraband, may actually be part of a broader conspiracy that ultimately threatens our state's borders.  Because SPU is not confined to one county and can easily network information on related cases, SPU's prosecutors and investigators can more effectively coordinate prosecution strategies to focus on the main principals involved in an organized criminal episode.

SPU also emphasizes a thorough review of sexual offenses arising from with TDCJ.  The Prison Rape Elimination Act (PREA) seeks to reduce sexual violence in prisons.  Such offenses are difficult to investigate and can be even more difficult to successfully prosecute.  Having an understanding of the incarcerated culture and specialized training in prosecuting sexual offenses allows SPU prosecutors to differentiate between the false motive and the true sexual assault victim. 

Whether it is violence against staff, an allegation of sexual abuse, or official misconduct by an agency employee, public trust and transparency can only exist where these cases are fully investigated and zealously prosecuted when appropriate.