PRINCIPAL OFFICE: DALLAS, TEXAS: (214) 670-9989 | TOLL FREE: (866) 670-9989

Rains County, Texas Jail Fails State Inspection

DM Corridor in County Jail with inmate and deputy
Prison guard escort inmate through corridor in jail corridor for booking after arrest.

The Rains County jail, in Emory, Texas, failed an inspection by the Texas Commission on Jail Standards (TCJS). The Rains County jails is now listed as being non-compliant on TCJS’s website. The inspection occurred on February 9, 2022.

The inspector found at least four violations of minimum jail standards. First, the inspector determined, when reviewing documentation, that Rains County jail staff were not conducting observations of inmates in holding cells within the required 30-minute intervals. Instead, such staff were only conducting 60-minute observations throughout the entire facility. It is extremely important that inmates who are in holding cells, including those who are assaultive, exhibiting bizarre behavior, and/or potentially suicidal, are watched at short intervals and/or on a continuous basis as appropriate. Anything other than appropriate observation can lead to serious injury or death.

The TCJS inspector also determined that Rains County jail staff failed to notify a magistrate judge within 12 hours as required by law, when an inmate who is known or observed to be mentally disabled and/or potentially suicidal is identified. It is very important that jails across the state of Texas notify magistrates when such inmates are identified, so that judges may take appropriate action. One of the most important functions of jailers in Texas county jails, is to assure that inmates with self-harm tendencies are unable to fulfill those tendencies.

Third, the TCJS inspector determined that Rains County, Texas jail staff failed, for multiple inmates, to run a Continuity of Care Query (CCQ). A CCQ determines whether an inmate has previously received inpatient mental health care. This is important in analyzing suicidal and/or lesser self-harm tendencies of inmates. Without CCQ information, a jail may improperly classify an inmate, resulting in suicide and/or serious injury.

Finally, the TCJS inspector determined that Rains County, Texas jail staff, were not conducting 30-minute-face-to-face observations of inmates in areas of the jail in which inmates were known to be mentally ill, assaultive, potentially suicidal, or who had demonstrated bizarre behavior. Staff were only conducting 60-minute-face-to-face observations throughout the Rains County jail. This is wholly insufficient, as inmates with special needs and/or issues must be observed more frequently or even continuously depending on the situation. Hopefully, none of these areas of non-compliance resulted in injury or death in the Rains County jail.  

Written By: author image Dean Malone
author image 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.