Disciplinary Sanctions Prohibited in Texas Jails

Inmates have certain rights, and those rights demand considerations with regard to how discipline can be administered in city and county jails in Texas. The following are actions that are not permitted, according to minimum jail standards set out by the Texas Commission on Jail Standards:

• An inmate cannot be subjected to a deviation from normal feeding routines.
• Corporal punishment is not permitted, which means no type of physical punishment is allowed.
• There can be no administration of any form of supervision or disciplinary actions by inmates.
• Inmates cannot be deprived of clothing or bedding. If, however, an inmate destroys bedding or clothing, they may be deprived of those items. The matter will be reviewed and documented every 24 hours.
• A “violent cell” must not be used as a form of punishment. A violent cell is a padded single-occupancy cell where inmates are temporarily held if they are exhibiting behavior indicating that they are a threat to themselves or others.
• An inmate cannot be deprived of items that are necessary to maintain personal hygiene on an acceptable level.
• An inmate cannot be deprived of physical exercise or physical recreation as a form of punishment.
• In Texas, an inmate cannot be deprived of correspondence privileges when the offense committed within the jail is unrelated to a violation of the regulations and rules of the institution as regards correspondence. In no case shall privileged correspondence be suspended.
• In a different section of the minimum jail standards, it is made clear that restraints such as restraint chairs cannot be used as a form of punishment.

See Part 1, Part 2, and Part 3 of this four-part series to learn about a jailer outside Texas charged with a crime for discipline administered against an inmate and for additional information in Texas regarding jail discipline from the minimum jail standards.

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–Guest Contributor