Houston’s Harris County Jail is Allegedly Non-Compliant with Rule §259.138-Holding Cells

A Jail Special Inspection Report was issued to Harris County Jail in Houston, Texas, on September 7, 2022. The Special Inspection Requirements Review provided specifics about issues resulting in a notice of non-compliance with minimum jail standards.

Rule §259.138(a)-Holding Cells, which is in the chapter in the Texas Administrative Code on new construction rules, provides minimum jail standards regarding holding cells. Part (a) of this rule states that jails must have one or more holding cells that are provided for placement of inmates in temporary holding, such as during pending intake, processing, or release. The rule specifies that inmates must not be held in holding cells for longer than 48 hours.

• An inspector with the Texas Commission on Jail Standards (TCJS) says that an investigation into a complaint uncovered evidence that 64 inmates had remained in holding cells for longer than 48 hours. The 64 inmates are named in the non-compliance notice.

The most notable difference between holding cells and cells for housing inmates is that holding cells have benches but no beds. The amount of floor space for inmates, however, is the same. Holding cells must be built to house from 1 to 24 inmates, and the amount of space the cells provide is specified. The cells must contain not less than 40 square feet of floor space for the first inmates and 18 square feet of floor space for each additional inmate to be confined.

See Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10, and Part 11 of this ongoing series.

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–Guest Contributor