Requirements for Investigations into Texas Jail Prisoner Deaths are Changed as of January 1, 2018
The Texas Commission on Jail Standards (TCJS) sent a memorandum to all sheriffs and jail administrators in Texas regarding investigation requirements for custodial deaths, as required by SB 1849. As of January 1, 2018, the investigations into custodial deaths will no longer be conducted by the local law enforcement agency that operates the county jail or facility under the purview of the TCJS.
Under the new rule, local law enforcement agencies are not prohibited from assisting in investigations into custodial deaths. The local agencies are, however, expected to establish a protocol with the investigating branch to prevent any duplication of services or contamination of a scene.
Local law enforcement agencies who contact the Texas Rangers for all custodial death investigations must also provide official notification of the arrangement to the TCJS.
The notice to all local law enforcement agencies who have historically conducted their own Custodial Death Investigation follows:
Effective January 1, 2018, all custodial deaths shall be investigated by another law enforcement agency or entity, as long as no conflicts of interest exist. The other law enforcement agencies could be the Texas Rangers, the District Attorney’s Office, the local police department, or the Medical Examiner’s Office. A primary and secondary investigating agency or entity shall be submitted to the Commission for approval.
Local law enforcement agencies were required to establish procedures for notification in the event of a Custodial Death and implement them by January 1, 2018.
As with every post on this website, we are only providing information in this post and do not make any allegation or assertion that anyone acted inappropriately or engaged in misconduct.
–Guest Contributor
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