In Weatherford, Texas, Denay Birnie was booked into Parker County Jail on November 8, 2017, and died the next day. The Texas Commission on Jail Standards (TCJS) and the Texas Rangers conducted an investigation.

All custodial deaths prompt investigations. Non-compliance to minimum jail standards subjects a jail to increased scrutiny, such as a special jail inspection over and above the annual inspection. It is especially concerning when the alleged failure of a jail to uphold requirements is associated with the protection of inmates and others. This form of non-compliance on the part of a Texas county jail was discovered and reported on in a jail inspection report dated November 30 through December 4, 2020.

The Rule

TCJS requires all jails to ensure that the appropriate number of jail staff members are at the facility at all hours of the day at night. A procedure must be established and enacted in which jailers make a face-to-face observation every 60 minutes among those in the general population. The observations must occur every 30 minutes in areas where inmates are housed in all of the following categories:

• Suicide risks
• Inmates known to be assaultive
• Mentally ill individuals
• Those who have exhibited bizarre behavior

Also, two-way voice communication must be available at all times between inmates and jailers as well as representatives of the jail. The personal observations of high-risk inmates must be recorded using cameras or electronic sensors, which should have been installed no later than August 31, 2020.

Alleged Non-Compliance

After the inspection was completed, inspectors reported that face-to-face observations did not occur as required. Neither the general population nor the inmates in the at-risk categories were observed according to minimum jail standards.

See Pt. 1 and Pt. 2 of this three-part series to learn more.

This website offers helpful posts intended to benefit current and former inmates in Texas jails. On this site, there is never an intent to imply misdeeds on the part of entities or individuals.

–Guest Contributor