Harris County, Texas Jail Fails State Inspection
The Harris County Jail, in Houston, Texas, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS inspected the Harris County Jail from November 15, 2021 through November 17, 2021. The Harris County, Texas jail is now listed as being non-compliant with the TCJS.
First, the TCJS inspector determined, after reviewing documentation, that some face-to-face inmate observations were not performed by jailers at least once every 60 minutes as required. In some instances, such face-to-face inmate observations went between 90 minutes and 144 minutes between rounds. The TCJS standard which applied to this situation requires every county jail in Texas to have the appropriate number of jailers at the facility 24 hours each day. Facilities must have established procedures for documented face-to-face observation of all inmates by jailers, no less than once every 60 minutes. Likewise, the interval for observations is every 30 minutes if inmates are known to be assaultive, potentially suicidal, mentally ill, or those who have demonstrated bizarre behavior. Further, electronic sensors or cameras capable of recording require personal observations of inmates in high-risk cells or groups of cells had to be installed no later than August 31, 2020.
The TCJS inspector also found, when reviewing Harris County jail documentation, that while the 1:48 officer to inmate ratio was being met, the Harris County Jail used supervisors as well as other essential staff members in assigned duty posts to meet that requirement. Such a practice removed personnel from their assigned supervisory duties, as well as from auxiliary duties, such as intake and classification. The TCJS determined that there were times when there were not enough personnel to perform duties other than to meet the 1:48 requirement.
The TCJS inspector also determined, when in walking through Harris County Jail facilities, a lack of cleanliness in inmate housing areas. There were numerous burn marks throughout a majority of the housing units, which were direct results of inmates burning wicks. There were multiple cells at the 701 North San Jacinto facility with an unidentified black substance in and around the mop sink areas in the housing units. There was also excess clutter throughout all housing areas that led to an overall appearance of uncleanliness.
In an unusual manner to document an inspection, based on our Texas civil rights law firm’s review of such reports frequently, the inspectors wrote a note at the end of the inspection report. The inspectors wrote:
“It is the professional opinion of the members of the inspection team that the lack of sufficient staffing has contributed to the heightened level of tension and inmate hostility at the Harris County Jail system that was experienced during the course of this inspection. A review of serious incident reports reveals that inmate assaults have increased when comparing 2020 numbers to 2021 numbers. While this was a limited inspection to review specific areas, it was evident that while the administration strives to meet the one officer to 48 inmate ratio, it can only be accomplished by reducing the resources allocated to other ancillary but necessary and required services.”
The Harris County jail has had significant problems. In fact, its jailers even sued Harris County due to alleged working conditions at the jail. From a constitutional perspective, Harris County has an obligation to provide reasonable medical care and reasonable mental health care to its inmates. Hopefully, Harris County will bring itself into compliance with minimum jail standards and the United States Constitution.
Dean Malone
Dean Malone