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Incarcerated family members · Emergency absences

Can an inmate attend a funeral in Texas?

What Texas prisons, county jails, federal prisons and ICE detention publish about funeral attendance, who sends the request, and what the funeral home can do for you.

The short answer

Sometimes. A Texas state prison may grant an escorted emergency absence for an immediate family member's funeral under Tex. Gov't Code 501.006, and the funeral director sends the request to TDCJ by fax. Federal prisons use 28 CFR 570.42. Dallas-area county jails publish no funeral-release policy. Every case is a discretionary decision by the facility.

Not legal advice This page summarizes published rules. Ask the facility that holds your family member what it requires, and for a federal or ICE case, ask an attorney.

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Every rule on this page links to the agency document it comes from · Page published

Carlos Vargas, Texas Licensed Funeral Director and Co-Founder, Vargas-London Funeral Home
Written by
Carlos Vargas, Texas Licensed Funeral Director (TFSC #119648) & Co-Founder
Sources checked against the agency documents · Updated November 2, 2026

What each kind of facility allows

The answer depends on who holds your family member. A Texas state prison follows Tex. Gov't Code 501.006 and the TDCJ families guide: the funeral home director sends the request and TDCJ decides. A federal prison follows 28 CFR 570.42: the inmate applies, unit staff check with the funeral home, and the Warden decides. ICE detention follows PBNDS 2011, Standard 5.2: the Field Office Director decides. The four Dallas-area county jails publish no funeral-release rule at all. None of the published rules gives an inmate a right to attend; each is permissive, and the sections below give the details and link to each source.

Can a TDCJ inmate attend a family funeral?

Yes, when the request is approved. The statute is Tex. Gov't Code 501.006, "Emergency Absence", amended by H.B. 446 effective September 1, 2023. TDCJ "may grant an emergency absence under escort to an inmate so the inmate may attend a funeral or visit a critically ill relative," and the inmate "must be under physical guard while absent." An inmate convicted of stalking under Penal Code 42.072 is excluded.

The policy is the TDCJ General Information Guide for Families of Inmates, May 2026, "Emergency Absences," pages 32 and 33. Its three purposes are "attending the funeral of an immediate family member, to view a deceased immediate family member, or to visit a critically ill immediate family member," so a viewing at the funeral home counts. The guide calls the absence "a privilege" and "a discretionary decision made by the TDCJ with public safety being the prime consideration."

Who sends the request

The funeral home. The guide says requests "should be directed by the medical provider or funeral home director to Classification and Records via fax at 936-437-8716." The family and the inmate do not file it; the 2017 Offender Orientation Handbook (Section M) says the same: "Offenders cannot request an emergency absence."

Who counts as immediate family

The guide lists "parents, grandparents, spouse, siblings, half-siblings, and children," plus surrogate parents "if the relationship is verifiable from established TDCJ files." Grandparents are on this list but not on the federal one in 28 CFR 570.42.

Who is eligible

The guide requires "at least Line Class 1, G2 custody with no major disciplinary penalties during the last six months; no disciplinary history of assaults on staff; being within 12 months of flat discharge, release on mandatory supervision, or parole eligibility; no security precaution designators or confirmed security threat group affiliation; being in TDCJ custody for six months; and must not have a pending felony or U.S. Immigration detainer." Pages 32 and 33 also exclude certain violent offenses. The unit chaplain or the warden's office can tell you whether your family member qualifies.

The conditions of the absence

  • The absence is "granted under TDCJ escort and must be completed within 24 hours of departing the unit."
  • "Emergency absences requiring an overnight stay may not be granted and no out-of-state emergency absences will be granted."
  • "An inmate may be released on emergency absence no more than two times during a 12-month period."
  • The inmate "must be under constant physical supervision by TDCJ correctional officers or contract facility security employees while absent."

If the request is denied

The guide's alternative: "For family emergencies, a virtual meeting can be requested and is approved through the unit chaplain." Whether a funeral recording can be shown is not published; ask the chaplain.

How the inmate is told of the death

Page 25 of the guide: family members who experience a death "can contact the unit chaplain, who in turn will speak to the inmate and offer personal pastoral care." Find the unit with TDCJ Inmate Search, the switchboard in the Unit Directory, and ask for the chaplain.

What about a Texas state jail?

Tex. Gov't Code 507.031(a)(3) names release to "attend a funeral or visit a critically ill relative." Ask the state jail whether it follows the TDCJ procedure above and which office receives the funeral director's request; we send it wherever the facility directs.

Can a county jail inmate go to a funeral in Dallas, Tarrant, Collin or Denton County?

None of the four sheriff's offices publishes a policy on releasing an inmate for a funeral, and we found no Texas statute or Texas Commission on Jail Standards rule on it. The jail has to be asked directly. What each county does publish is how the inmate is told of a death and how visits work. We found no published rule on funeral livestreams or recordings either; the video systems below are visits.

Dallas County

Jail information: (214) 761-9025. Inmate Services: "religious services, study groups, and clerical care are provided by volunteer religious service providers"; religious service coordinator 214-653-2838. No death-notification or funeral procedure is published. Video visitation runs through smartinmate.com, "must be scheduled at least 72 hours in advance," lasts 20 minutes, two on-site visits per week, off-site unlimited. Jail lookup. See also our guide to the Dallas County Medical Examiner release.

Tarrant County

The only one of the four with a published death-notification procedure. Its Chaplaincy page (modified July 28, 2025): notice of the death of an "immediate family member (parent, sibling, child (natural, step or legally adopted) and spouse) should be made to the inmate in person by a family member or family friend through regular Visitation methods if possible." Otherwise, "notification can be made through the Chaplaincy office. Information provided will be verified and notification will be made by a staff chaplain," at 817-884-3088. Illness notices are refused under HIPAA. Visitation rules; inmate search.

Collin County

Detention Facility: (972) 547-5200; visits last 25 minutes and phone accounts run through ICSolutions. The inmate programs catalog says the chaplain "provides spiritual support during times of crisis, such as the loss of a loved one." Find the person with the inmate lookup.

Denton County

"All inmate visitation is by video visitation," through HomeWAV, with on-site kiosks on Saturday from 7:30 a.m. to 6:30 p.m., per Inmate Services. The Detention Administrative Unit "is comprised of Inmate Chaplains, Inmate Counselor" and other staff; its contact is Capt. James Bennett, 940-349-1722. The Inmate Handbook (March 17, 2026) says clergy visits are "arranged through the Chaplain's Office." Jail records.

Can a federal inmate attend a funeral?

Yes, if an escorted trip is approved. 28 CFR 570.42(a)(1) defines an "Emergency non-medical escorted trip" as one "for such purposes as allowing an inmate to attend the funeral of, or to make a bedside visit to, a member of an inmate's immediate family," meaning "mother, father, brother, sister, spouse, children, step-parents, and foster parents."

Who decides

Unit staff "investigate, and determine, the merits" by "contacting those persons (e.g., attending physician, hospital staff, funeral home staff, family members, U.S. Probation Officer)" (570.42(b)), then the request goes "through screening and clearance to the Warden" (570.42(b)(2)). 28 CFR 570.44 requires "constant and immediate visual supervision of escorting staff at all times." Per the BOP Legal Resource Guide 2025, Section K, "An inmate may appeal denial of an escorted trip application through the Administrative Remedy Program."

Who pays

570.42(b)(1): "The government assumes the salary expenses of escort staff for the first eight hours of each day. All other expenses, including transportation costs, are assumed by the inmate, the inmate's family, or other appropriate source approved by the Warden. The necessary funds must be deposited to the inmate's trust fund account prior to the trip." Program Statement 5538.09, "Escorted Trips" (September 3, 2026, rescinding 5538.08 of April 8, 2024) says the inmate pays through form BP-199.

Restraints and conditions

Program Statement 5538.09 covers all BOP inmates, "including pretrial and holdover inmates," and says funeral trips "require the use, throughout the escorted trip, of at least the minimum restraints specified in the BP-A0939, Escort Instructions form. No exceptions will be made." The inmate signs BP-A0938, "Conditions of Escorted Trip." For a pretrial inmate, "the U.S. Marshals Service must be contacted to provide custodial coverage."

Furloughs, the unescorted alternative

Under 28 CFR 570.33(b) and Program Statement 5280.09 (January 20, 2011), the Warden "may authorize a furlough, for 30 calendar days or less" to "be present during a crisis in the immediate family," with the relationship verified by the Presentence Report or other acceptable documentation. Under 28 CFR 570.34, all expenses are the inmate's. No furlough goes to a pretrial inmate except by court order, and ordinarily none with an ICE detainer.

Notification, verification and funeral recordings

Program Statement 5360.10, "Religious Beliefs and Practices" (October 24, 2022): "Each institution will establish local procedures to notify inmates and/or their families of serious illness or death," and "verification of the emergency (i.e., serious illness or death) is obtained using BP-A1031, Inmate Emergency Notification Form, before notifying the inmate." It also opens a door when a trip is not approved: "Inmates may request to have a recording of a family member's funeral sent into the institution via a BP-A0331, Authorization to Receive Package or Property form," after which "the Chaplain will review the recording and coordinate a time for the inmate viewing."

Locally, the FMC Fort Worth A&O Handbook (August 2018, page 29) routes a family's call to Religious Services "so that the Chaplains can verify the information, notify the inmate, and then grant an emergency call"; unverified information means no call and no notification. Find the institution with the BOP Inmate Locator.

Can an ICE detainee attend a funeral?

Case by case. ICE PBNDS 2011, Standard 5.2, "Trips for Non-Medical Emergencies" (revised December 2016): "with approval of the respective Field Office Director, the facility administrator may allow a detainee, under ICE/ERO staff escort, to visit a critically ill member of his/her immediate family, attend an immediate family member's funeral and/or wake." Immediate family is "a parent (including stepparent or foster parent), brother, sister, biological or adopted child and spouse (including common-law spouse)." Facility staff help prepare the request, the deportation officer reviews "the merits," and the Field Office Director decides. On a local trip of 10 hours or less ICE/ERO pays except the detainee's own commercial carrier fare; a longer trip "must be prepaid by the detainee, the detainee's family or another source approved by the Field Office Director." There are "no less than two escorts," and the detainee attends "in restraints."

Emergency calls about a death in the family are free; the ERO National Detainee Handbook (April 2016) says to "ask for help from a housing unit officer, supervisor, or ICE personnel." The Online Detainee Locator needs the full name, A-number or date of birth, and country of birth; if the person is not found, contact the ERO Dallas Field Office, (972) 367-2200, or the Detention Reporting and Information Line, 1-888-351-4024. Families with an ICE case should speak with an attorney; see also our repatriation of remains page.

What Vargas-London does for you

The rules above put the funeral home in the middle: TDCJ wants the request from the funeral home director, federal unit staff verify with funeral home staff, and Tarrant County's chaplaincy verifies before telling the inmate. These are the services we perform. None guarantees an approval; that decision is the facility's.

  • A death verification letter on our letterheadThe name of the deceased, the date of death, the date, time and address of the viewing or service, our funeral director's name and license number, and our 24-hour line so the facility can verify it.
  • The TDCJ request itselfOur funeral director faxes it to Classification and Records at 936-437-8716, as the guide directs, and tells you when it went out.
  • The obituary and service detailsSent to the chaplain or unit staff the family names, with the obituary.
  • A recording of the serviceFor a federal institution, so the inmate can request it on form BP-A0331. For a TDCJ unit or a county jail we record on request; ask the chaplain whether it can be shown.
  • A service time that fits the escortA TDCJ absence ends within 24 hours of leaving the unit, with no overnight stay. We set the viewing or service inside the window the facility gives.
  • Plain pricesOur General Price List and pricing page show every item. An immediate burial or direct cremation can still include a private viewing for an escorted family member; see the Vargas Promise.

How to request an emergency absence for a funeral

These steps follow the published procedures. Where a facility has not published one, the step says so.

  1. Find where your family member is held. TDCJ Inmate Search, the BOP Inmate Locator, or the ICE Online Detainee Locator (full name, A-number or date of birth, and country of birth). County jail lookups are in the table below.
  2. Tell the chaplain about the death. TDCJ: the unit chaplain, reached through the Unit Directory. Federal: the chaplain verifies the death on form BP-A1031 first. Tarrant County: in person through regular visitation if possible, or the Chaplaincy office at 817-884-3088. ICE: ask a housing unit officer, a supervisor or ICE personnel for a free emergency call.
  3. Give us the facility, the inmate's name and number, and the relationship. We prepare a verification letter on our letterhead with the name of the deceased, the date of death, and the date, time and address of the service, with our 24-hour number so the facility can confirm it.
  4. The request goes to the office that decides. TDCJ: our funeral director faxes it to Classification and Records at 936-437-8716. Federal: the inmate applies, unit staff investigate and may call us, and the Warden decides. ICE: facility staff help prepare it, the deportation officer reviews it, and the Field Office Director decides. County jail: ask the jail; none of the four publishes a procedure.
  5. Plan for the costs the rules describe. Federal: the government covers escort salaries for the first eight hours of each day; everything else, including transportation, is deposited to the inmate's trust fund account before the trip (28 CFR 570.42(b)(1)). ICE: a trip of more than 10 hours must be prepaid. TDCJ: the statute and guide do not address cost; ask the unit.
  6. Set the service time inside the escort window. A TDCJ absence must be completed within 24 hours of departing the unit, with no overnight stay and no out-of-state travel. We schedule the viewing or service at a time the facility can meet.
  7. If the request is denied, ask for the alternative. TDCJ: a virtual meeting approved through the unit chaplain. Federal: an appeal through the Administrative Remedy Program, and a recording of the funeral requested on form BP-A0331.

If you have not yet made arrangements, our guide to what to do when someone dies in Texas covers the first calls, and you can start arrangements with us online or by phone at any hour.

Questions families ask

Can an inmate go to a funeral in Texas?

Sometimes. A Texas state prison may grant an escorted emergency absence to attend the funeral of an immediate family member under Tex. Gov't Code 501.006, and TDCJ calls it a privilege and a discretionary decision with public safety as the prime consideration. Federal prisons may approve an escorted trip under 28 CFR 570.42. No Dallas-area county jail publishes a funeral-release policy, so the jail itself has to be asked.

Who can request an emergency absence for a TDCJ inmate?

The TDCJ General Information Guide for Families of Inmates (May 2026) says emergency absence requests should be directed by the medical provider or funeral home director to Classification and Records by fax at 936-437-8716. The family and the inmate do not file the request; the funeral home sends it.

How do I tell someone in prison that a family member died?

For a TDCJ unit, the May 2026 guide says family members who experience a death can contact the unit chaplain, who speaks to the inmate and offers pastoral care. Unit phone numbers are in the TDCJ Unit Directory. In a federal institution, the chaplain verifies the death on form BP-A1031 before notifying the inmate. Tarrant County asks that the news be given in person through regular visitation if possible, or through the Chaplaincy office at 817-884-3088.

Which relatives count as immediate family?

TDCJ: parents, grandparents, spouse, siblings, half-siblings and children, plus surrogate parents when the relationship is verifiable from TDCJ files. Federal BOP (28 CFR 570.42): mother, father, brother, sister, spouse, children, step-parents and foster parents. ICE (PBNDS 2011, Standard 5.2): a parent including a stepparent or foster parent, brother, sister, biological or adopted child, and spouse including a common-law spouse.

How long can a TDCJ emergency absence last?

It must be completed within 24 hours of departing the unit. The May 2026 guide says absences requiring an overnight stay may not be granted and no out-of-state emergency absences will be granted.

How many times can a TDCJ inmate be released for a funeral or a critically ill relative?

No more than two times during a 12-month period, according to the TDCJ General Information Guide for Families of Inmates, May 2026.

What happens if TDCJ denies the request?

The guide says that for family emergencies a virtual meeting can be requested, and it is approved through the unit chaplain. We can record the service for the family; whether a recording can be shown is a question for the unit chaplain.

Can a county jail inmate go to a funeral in Dallas?

We found no published policy from the Dallas, Tarrant, Collin or Denton County sheriff's office on releasing an inmate for a funeral, and no Texas statute or jail-standards rule on it. The jail has to be asked directly. What each county does publish is a chaplaincy or notification route and its visitation rules, which are listed on this page.

Can a federal inmate attend a funeral?

A federal inmate may be approved for an emergency non-medical escorted trip to attend the funeral of an immediate family member under 28 CFR 570.42. Unit staff investigate the merits by contacting people such as hospital staff, funeral home staff and family members, and the decision goes through screening and clearance to the Warden. A denial can be appealed through the Administrative Remedy Program.

Who pays for a federal inmate's escort to a funeral?

Under 28 CFR 570.42(b)(1), the government assumes the salary expenses of escort staff for the first eight hours of each day. All other expenses, including transportation, are assumed by the inmate, the inmate's family or another source approved by the Warden, and the funds must be deposited to the inmate's trust fund account before the trip.

Will my loved one be in handcuffs at the funeral?

In federal custody, Program Statement 5538.09 requires at least the minimum restraints specified on the BP-A0939 Escort Instructions form throughout every non-medical escorted trip, with no exceptions. ICE's standard says the detainee attends a funeral in restraints. For TDCJ, the statute says the inmate must be under physical guard and the guide says under constant physical supervision; the published documents do not say whether restraints are used.

Can an inmate watch a recording of the funeral?

In a federal institution, yes, through a process in Program Statement 5360.10: the inmate requests the recording on form BP-A0331, Authorization to Receive Package or Property, and the Chaplain reviews it and coordinates a viewing time. We record the service for families who ask. For TDCJ and county jails we found no published rule on recordings or livestreams, so ask the chaplain.

Can an ICE detainee attend a funeral?

ICE's Performance-Based National Detention Standards 2011, Standard 5.2, allow it case by case: with the approval of the Field Office Director, the facility administrator may allow a detainee under ICE/ERO escort to attend an immediate family member's funeral or wake. There are no fewer than two escorts and the detainee attends in restraints. Ask an attorney about an ICE case.

How do I find out what prison or jail someone is in?

Use TDCJ Inmate Search for a Texas prison, the BOP Inmate Locator for a federal institution, and the ICE Online Detainee Locator for immigration detention, which needs the full name, the A-number or date of birth, and the country of birth. Each of the four county sheriffs has its own lookup, linked in the table on this page.

Sources

This page summarizes documents published by the agencies named. Policies change; the facility holding your family member has the current rule. This is general information, not legal advice. Our Texas Funeral Law Digest covers the laws that govern the funeral itself.

Call us. We will prepare the letter and send the request.

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