Kinney County, Texas Jail in Bracketville Fails TCJS Inspection Again

The Kinney County jail continues to have problems complying with Texas minimum jail standards. The Kinney County jail failed a May 29, 2018 inspection and became non-compliant, as determined by the Texas Commission on Jail Standards (“TCJS”). The Kinney County jail was once again, as a result of a May 22,2019 TCJS inspection, found to be a non-compliant jail.

The TCJS inspector cited a portion of jail standards which requires Texas county jails to keep adequate records of all required life safety plans, drills, and equipment inspections. Those records must include the date, time, results, and signature of a person conducting an inspection. Further, it is required that the records be readily available for inspection by the TCJS. Regardless, Kinney County jail “administration did not conduct or maintain monthly or quarterly inspections of the life safety equipment as required by minimum jail standards.”

Further, the Kinney County jail was failing to meet its obligations to Texas veterans. Every sheriff and/or jail operator of a Texas county jail shall investigate and verify the veteran status of each prisoner by using data made available through a website operated by the United States Department of Veteran Affairs (or a similar service.) However, the TCJS inspector noted that Kinney County jail administration failed to verify the veteran status of each prisoner. Further, Kinney County jail administration also failed to maintain a log for TCJS review.

Jail presents unique challenges for people with mental health issues and/or people who are experiencing a crisis that could lead to suicide. Therefore, Texas minimum jail standards require that county jail staff receive training regarding procedures for recognizing, supervising, documenting, and handling prisoners who are mentally disabled and/or potentially suicidal. Further, supplemental training must be provided to county jail staff members who are responsible for intake screening. However, when asked, Kinney County jail administration could not produce training rosters to prove that Kinney County jail staff had received suicide prevention training conducted in accordance with minimum jail standards.

Finally, if an inmate is known to be or observed to be mentally disabled and/or potentially suicidal, Texas County jail staff are required to notify a magistrate of such finding. However, the TCJS inspector found that Kinney County jail staff were not notifying a magistrate as required by Article 16.22 of the Code of Criminal Procedure. This and the failure to train staff regarding mentally ill and/or suicidal inmates are serious violations. The violation regarding magistrate notification is made even more unacceptable when recognizing that the TCJS inspector, approximately one year before the May 22, 2019 inspection, wrote up the Kinney County jail for the same violation. Hopefully, Kinney County will bring its jail into compliance with Texas minimum jail standards.

Written By: Dean Malone

Dean Malone

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.