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Can the New Offense Severity Scale Reduce Jail Assaults?

Front of Jail Cell

The Texas Commission on Jail Standards (TCJS) sent a technical assistance memorandum about the updated “Offense severity scale” to all Texas sheriffs and jail administrators on April 23, 2024. TCJS has revised the offense severity scale with the help of the Correctional Management Institute of Texas at Sam Houston State University.

The purpose of the revised offense severity scale is to ensure that municipal and county jails have the most appropriate instrument for classifying Texas inmates and housing them in the least restrictive housing available without placing detainees, staff, or the public in a situation where there is a danger of harm or loss.

No one should have to be afraid of being assaulted or sexually assaulted as a result of being arrested and placed in a local jail in the U.S.

Housing as it Relates to Detainee-on-Detainee Assault, Including Sexual Assault

During the classification of inmates, high-risk inmates who pose a threat to the safety and security of the jail are supposed to be segregated from general population inmates. The following are among the criteria to identify those who should be separated to prevent assaults or sexual assaults against other detainees:

  • Prior convictions of crimes with the highest severity ratings
  • Assaultive toward staff or other inmates
  • Severe behavioral, mental health, or emotional problems
  • Gang member
  • Sexual predator
  • History of disciplinary problems

The severity scale helps guide housing decisions by classifying inmates based on the offense(s) they have allegedly committed. Previous convictions are also included. The ratings are intended to provide fair and consistent guidelines for jail staff to determine custody levels, proper housing assignments, and more. Severity ratings range from low and moderate to high and highest.

Detainees who pose the greatest threat to others are those whose charges and/or previous convictions are rated “high” and “highest” on the offense severity scale. The following are examples of the highest severity:

  • Aggravated Sexual Assault
  • Capital Murder of Multiple Persons
  • Kidnapping
  • Manslaughter
  • Trafficking Person from Shelter
  • Robbery

Violence and Sexual Victimization in Correctional Facilities

Historically, sexual victimization in jails and prisons is severely underreported–perhaps up to 80%. Many are ashamed of perceived homosexuality, and others are afraid due to threats of physical violence by the rapists.

Violence in jails gets worse as a result of overcrowding and understaffing. At a Georgia jail, a headline suggested that jail violence is a product of overcrowding. The article also suggests that the jails house a large number of inmates who shouldn’t be there because they have been convicted of violent crimes. Correctly classifying inmates helps to protect nonviolent detainees from those with high offense severity ratings.

Victims of Jail Neglect Can Get Help

At the Law Offices of Dean Malone, we have gained years of experience representing the interests of jail detainees and their families. If you believe jail neglect was responsible for the death of a loved one who was incarcerated in a municipal or county jail, contact us today. We can also help if you suffered severely while you were incarcerated in a Texas county jail. You can reach us by phone or text or fill out our online form.

Written By: author avatar smchugh
author avatar smchugh