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Category: Non-Compliant Jails|Texas Commission on Jail Standards

Archer County Jail in Texas Violates a Crucial Rule

Inside The Old Idaho State Penitentiary

A special jail inspection of Archer County Jail was conducted on January 19, 2024. The result was that Texas Commission on Jail Standards (TCJS) inspectors cited the Archer City, Texas, jail for one alleged violation of minimum jail standards. The bed capacity in the jail is 48, which is a small number in comparison with many other jails in the state. However, Archer County Jail is as responsible as any other detention center to uphold minimum standards. The rules of operation established by TCJS for jails in Texas protect detainees, jail staff, and the public. Archer County Jail’s address is 100 Law Enforcement Way, Archer City, Texas 76351.

One Alleged Violation of Minimum Jail Standards

The breach of standard that Archer County Jail allegedly committed concerns Rule §275.2, which addresses Jailers Training and Licensing. This rule is under the heading of Supervision of Inmates. A summary of the rule follows:

  • Jailers and personnel assigned, employed, or appointed to directly supervise jailers in county jails in Texas must be licensed according to the specifications stated in another section. This rule is per the Texas Commission on Law Enforcement requirements.

How Have Prisoners’ Rights Been Violated in Archer County?

With this failure to ensure that all jailers are properly licensed, inmates come under the direct supervision of untrained personnel. This could imperil inmates in a myriad of ways. For example, a large percentage of the population in U.S. jails is made up of inmates with mental health issues.

  • According to the Substance Abuse and Mental Health Services Administration (SAMSA), 44% of U.S. jail inmates have a mental illness. This is more than double the number of individuals in the general population (18%). Part of the training for jailers is how to handle, document, and supervise mentally disabled and potentially suicidal detainees. Suicide is the #1 cause of death in local jails, and jailers must also receive mandatory suicide prevention training. More insights follow in the next segment.

What are the Training Requirements for Jailers?

New correctional officers aka jailers in Texas must attend pre-service training. There are several Correctional Training Academy locations, all of which offer the prerequisite 40 hours of instruction. Upon completion, supervised on-the-job training takes place at an assigned county jail or other correctional facility. As a result of the training jailers receive, they will be prepared with pertinent knowledge in the following topics and more:

  • Emergency evacuation procedures
  • Self-defense and close-quarters combat
  • Prison sociology and psychology
  • First responder training in first aid and CPR
  • Emergency response and hostage situations
  • Report writing
  • Inmate and cell search procedures
  • Improvised weapons
  • Crisis intervention

Are You Seeking Justice for Possible Jail Neglect?

You have come to the right place if you’ve been wondering if anyone cares about an injustice you suffered in jail that resulted in a life-altering injury or if a loved one died in jail due to neglect. We have a team that devotes itself to representing jail death cases. Many in our law offices have gained years of experience in handling jail neglect cases. Your concerns about possible jail neglect matter to us. Contact us today by calling or texting us or by filling out our online form. We will help if there is any way we can.

 

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smchugh

Pecos County Jail is Cited for Two Rule Violations

Pecos County Jail in Fort Stockton, Texas, has been cited by the Texas Commission on Jail Standards (TCJS) for two jail violations. Setting operational standards for county and municipal jails in Texas is the job of TCJS. County jails are inspected at least annually. Records show that Pecos County Jail has maintained standards, until now, since 2017, when many deficiencies related to inmate safety were discovered. Pecos County Jail’s address is 1774 N Hwy 285, Fort Stockton, Texas 79735. The bed capacity at the Fort Stockton jail is 49.

Two Alleged Violations of Minimum Jail Standards

Showers. Under the heading of Clothing, Personal Hygiene, and Bedding, there is a rule about showers. County jails are required to allow detainees to shower at least every other day or, if possible, more often. In certain circumstances, opportunities for daily showers are required. With this in mind, the notes of a TCJS inspector, which follow, make a terrible implication.

  • During a complaint investigation, it was discovered that an inmate’s shower was turned off for disciplinary reasons. No documentation exists to indicate that this inmate was offered a shower every other day from May 2023 to December 2023.

Physical Exercise. County jails must allow one hour of supervised physical recreation or physical exercise at least three days each week. The investigation of a complaint against Pecos County Jail revealed that a detainee was not offered recreation for at least one hour at least three days per week.

Does This Violate Detainees’ Rights?

Hygiene and physical exercise are recognized as basic human rights. Deprivation of basic rights is unacceptable. Presumably, these rights come under the 8th Amendment of the United States Constitution through “cruel and unusual punishments,” which are not allowed. The 14th Amendment might also apply, depending on whether the inmate is a pretrial detainee or has been convicted.  In the case of Pecos County Jail, a complaint against the jail brought these alleged conditions to light. TCJS usually monitors jails until they have made changes so that they are compliant with all requirements.

Are Jails Required to Provide Medical Care?

When individuals are arrested and placed in jail, they have a right to necessary medical care. Tragically, denial of medical care to inmates is rather common in local jails. As a result, many inmates have unnecessarily suffered traumatic injury and even death. Stories of jail deaths caused by alleged medical neglect are often made public, such as the following:

  • A 27-year-old woman from Texas died in a Nevada county jail after being denied medical assistance. The young woman was detoxing and had apparently suffered a seizure in her cell. Afterward, she was motionless for more than six hours. A deputy finally went to her cell and attempted to wake her, but he couldn’t. The deputy did not try to resuscitate her nor did he call for help from the medical staff. She was allegedly left dead until the next morning.

Has Jail Neglect Caused You or a Loved One Serious Injury or Death?

Laws dictate the type of jail neglect claims that can be brought before a court. Have you been in jail and believe that jail neglect has caused you to suffer life-altering injuries? Or has a loved one died in jail due to negligence? Our law firm is devoted to helping in these situations when we can. We have a team dedicated to working on our jail neglect death cases. Contact us today.

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smchugh

An El Paso, Texas Jail is Scrutinized After a Death

3d interior Jail

After a custodial death occurred at the El Paso County Jail, a special jail inspection was done on January 10, 2024. The Texas Commission on Jail Standards (TCJS) issued a notice of non-compliance on January 22. The jail inspection shows one minimum jail standard had been violated. Failed inspections are red flags that prisoner’s rights may be violated.

El Paso County Jail Fails to Provide Required Supervision

As part of investigations into custodial deaths in Texas, TCJS requests documentation and videos. The information sent by the El Paso County Jail in this case revealed a lack of proper supervision. Per the TCJS inspector, “while jailers made observations rounds, the jailers did not view the inmate face-to-face as required by minimum jail standards.” It is implied that the inmate referred to is the person whose death instigated the jail inspection.

How Does This Show a Violation of Prisoner Rights?

Supervision helps keep inmates safe from themselves. Research and statistics show that individuals placed in municipal and county jails are at an increased risk for suicide. Year after year, suicide rates in local jails outpace those among the general U.S. population by 3 to 1. Suicide is the leading cause of death in county and city jails.

Supervision also prevents violence between detainees. The note in this most current El Paso County Jail special jail inspection report possibly pertains to Jesus Torres. Details follow about the November 27, 2023, death of Mr. Torres:

  • Mr. Torres was 57 years old when he died in the El Paso, Texas, jail. His manner of death, according to the autopsy report, was homicide. Mr Torres’ medical cause of death was “strangulation, suffocation, blunt trauma.” Officers at the jail were told that Mr. Torres had been a victim of an assault. They went to his cell to make a wellness check. Mr. Torres was covered with a blanket and a plastic bag was tied around his head. The medical staff responded, but he did not show any signs of life.

Why is Experienced Help with Jail Neglect Important?

Proving jail neglect can be a complicated legal issue. Cases must be correctly drafted, filed, and handled so that they are not dismissed in court. The surest course of action is to seek help from experienced lawyers. In addition to our current cases, our law firm has gained a wealth of experience handling past cases of jail neglect.

Public records provide many insights into the proper handling of legal procedures or lack thereof. In a case about the death of jail inmate Maurice Monk, for example, his family made legal claims that he received inadequate medical care, resulting in his death. In that federal lawsuit, however, certain claims of the plaintiff were found not to be applicable. The court decided in favor of the defendant on those claims.

Are You Seeking Help for Possible Jail Neglect?

We may be able to help if you are seeking assistance related to possible jail neglect that occurred anywhere in the United States. If, due to a jail’s negligence, a loved one died or you suffered injuries that have altered your life, feel free to contact us today.

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smchugh

Martin County Jail TX Violates 4 Inmate Safety Rules

Close up of jail cell door.

Martin County Jail was inspected by the Texas Commission on Jail Standards (TCJS) on January 19, 2024. Inspectors say the Stanton, Texas, jail failed to comply with four minimum jail standards. The non-compliance notice is currently posted on the TCJS website.

Alleged Violations

Life Safety Rules. Three of the alleged violations involve life safety rules, such as training jail staff to handle emergencies. One of the violations has to do with fire prevention. Per minimum jail standards, quarterly fire hazard and fire prevention inspections are required. Yet, TCJS inspectors found that none were completed in the first three quarters of 2023. The third life safety rule that Martin County Jail violated concerns weekly and monthly load tests conducted on power equipment. Specifically, the facility generator was inoperable throughout December 2023.

Regular Observations by Jailers. The fourth rule is important, also. It requires face-to-face observations of inmates every 60 or 30 minutes. This personal supervision is the best-known protection against suicide and other types of harm that come to county jail detainees. Yet, inspectors found that the staff at Martin County Jail waited 1 to 60 minutes longer than the times required to personally check on inmates.

How Does This Violate a Prisoner’s Rights?

Prisoners have a right to protection against life-threatening conditions. In the event of a dire emergency, it is not difficult to imagine that untrained jail staff may not be equipped to handle the situation properly. If a fire were to occur, for example, the prisoners would likely not be able to take necessary evasive actions to save their own lives. Inmates can also be endangered if a facility generator fails in extreme weather conditions.

Prisoners have a right to protection against harm, whether caused by themselves or others. Frequently across the United States a lack of proper face-to-face checks was associated with jail deaths. Because supervision is the most effective way to prevent suicides, it is essential to at-risk prisoners.

Non-compliance is Linked to an Inmate’s Death

The Denton County jail was cited for non-compliance with Rule §275.1-Regular Observations by Jailers, the same as Martin County Jail. In Denton’s case, the August 28, 2023, inspection was conducted because a custodial death had occurred. TCJS inspectors noted that, during the period in which an inmate died, the jailers failed to view the detainee face-to-face as required. Twenty-seven-year-old Heath Aaron Vandeventer was likely the detainee this note was about. He was placed under suicide precautions when he was booked into the jail because he refused to answer questions. Mr. Vandeventer died in Denton County Jail in September 2023.

Are You or a Loved One a Victim of Jail Neglect?

Do you believe that, while in jail, you were a victim of jail neglect? For example, denial of medical care is commonly reported in U.S. jails. Did a loved one die in jail and you think it was because of negligence on the jail’s part? If so, feel free to call or text us or complete our contact form. Whether this happened in Texas or another state in the U.S., we will help if we can.

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smchugh

Uvalde County, Texas Jail Fails State Inspection

Inside The Old Idaho State Penitentiary

Inspectors with the Texas Commission on Jail Standards (TCJS) conducted an inspection of Uvalde County Jail on January 10, 2024, and found that the jail was noncompliant with two minimum jail standards. A notice of noncompliance was sent to Uvalde County Jail on January 17, 2024, indicating that corrective action must be completed upon receipt of the notice. The address of Uvalde County Jail is 339 King Fisher Ln, Uvalde, TX 78801. The jail has a 739-bed capacity.

Rule §263.55-Inspections, Maintenance, Testing

Uvalde County Jail allegedly violated Rule §263.55-Inspections, Maintenance, Testing, which is among the life safety rules that pertain to life safety and emergency equipment. The purpose of the requirement to inspect, maintain, and have the equipment tested by a qualified person annually is to ensure that the equipment is at all times fully operative. A self-contained breathing apparatus (SCBA) is among the equipment jails are required to have. 

  • During a walkthrough, inspectors observed that the fire panel was in trouble mode. In addition, the blue tag from November 23, 2023, indicated that the panel was red-tagged. A service tag was not present to indicate that the deficiency was repaired.

Rule §273.5(c)(2) – Mental Health/Intellectual and Developmental Disabilities History Check.

Uvalde County Jail also allegedly violated Rule §273.5(c)(2), which is part of the Mental Disabilities/Suicide Prevention Plan. The rule specifies procedures related to identifying and making notifications regarding detainees with mental disabilities.

  • A TCJS inspector reviewed the CCQ and Mental Health Screening forms, and on two occasions, was unable to determine if a CCQ was run and whether the magistrate was notified.

The guidelines for the operation of Texas county jails set out by TCJS generally have a potential impact on the safety and well-being of detainees. You can take action when you believe that jail neglect has caused your loved one harm or has tragically resulted in their death.

Family members can advocate for their loved ones incarcerated in Texas jails. For instance, you can follow up on their mental health history by calling the jail administrator or the medical staff at the jail. Urge the importance of the medications they need for continued treatment. Because of privacy laws/HIPPA, it may be necessary for you to obtain a medical release. Steps to get the medical release authorization form are at this link: Medical Release Forms.

Year after year, most complaints about Texas county jails are in regard to medical care. A report on the medical issues of detainees in U.S. jails revealed that more than one-third of detainees in jails reported having a current medical problem. Inmates have a right to receive needed medical attention. That right is not surrendered, though jails may have trouble addressing inmate health problems due to the sheer volume of inmates in need of medical care.

If you suffered harm in jail or had a loved one who died in a jail and believe that it happened due to the jail’s negligence, please reach out to us. If you were incarcerated in Texas or elsewhere in the United States, we will do our utmost to determine whether we can be of help.

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smchugh

Rains County, Texas Jail Fails State Inspection

Close up of jail cell door.

The Texas Commission on Jail Standards (TCJS) sent Rains County Jail a notice of noncompliance on January 16, 2024. The jail is now listed on the TCJS website with other non-compliant jails. The Emory, Texas, jail has been cited for violating one minimum jail standard per a jail inspection report issued on January 8, 2024. Rains County Jail has a bed capacity of 1,173 and is located at 313 W North St, Emory, TX 75440. 

Rule §271.7 – Audit

TCJS inspectors found that Rains County Jail is noncompliant with Rule §271.7 – Audit, which is in the chapter on the Classification and Separation of Inmates. Under this rule, Texas jails must provide an internal audit of the classification system, during which they assess certain of its features.

During classification, an evaluation is made regarding the security level and treatment approaches that are appropriate for each detainee. The people who make up the population in the corrections system have vastly different backgrounds, educational levels, needs, skills, and behaviors. Accusations for which they are incarcerated span from murder to check fraud. 

These are among the features assessed during an audit: Detainees are classified before being placed in housing. They are then housed in accordance with their assigned custody levels. The classification instruments must be completed in a timely and accurate manner. 

The following is what was indicated by a TCJS inspector with regard to Rule §271.7 – Audit following the January inspection of Rains County Jail:

  • On the day the jail inspection was conducted, the jail staff did not make the annual classification audit available for purposes of review. The most recent audit was conducted in May 2022, per the documentation provided.

Rains County Jail was also determined to be noncompliant in 2023 following an inspection in March of that year. The jail was cited for failing to comply with two rules, as follows:

  • Under Rule §263.42-Fire Prevention Plan in the chapter on Life Safety Rules and the subchapter on Plans and Drills for Emergencies, the jail was allegedly 8 months overdue for the annual inspection, which is conducted by a local fire official. The last time there had been such an inspection was in August 2021.
  • Under Rule §279.1(2)-Sanitation Plan, specified water and sewage systems must be inspected at least annually. This requirement was found to be 8 months past due. August 12, 2021, was the date of the last inspection by health authorities.

As a result of a jail inspection on February 9, 2022, Rains County Jail was cited for four violations of minimum jail standards. Two of those standards pertained to observations. When detainees are in a detox cell or holding cell, jailers are required to conduct a face-to-face observation every 30 minutes. Instead, documentation showed that only 60-minute observations were being conducted throughout the entire facility. The same 30-minute observation requirement pertains to detainees who are potentially suicidal, mentally ill, assaultive, or demonstrating bizarre behavior. These also took place every hour, in violation of the cited rule.

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smchugh

Gregg County, Texas Jail Fails State Inspection

3d interior Jail

Gregg County Jail is among the non-compliant jails currently listed on the Texas Commission on Jail Standards (TCJS) website. In a January 9, 2024, notice of noncompliance, Gregg County Jail was advised of the results of a jail inspection conducted that day. The Longview, Texas, jail has been cited for the alleged violation of one minimum jail standard. The address of Gregg County Jail is 101 W Whaley St, Longview, TX 75601. The jail can house up to 883 detainees.

Rule §273.2 (7) – Health Services

Gregg County Jail has been cited for allegedly failing to comply with Rule §273.2 (7) – Health Services Plan, which is in the chapter on Health Services. The rule requires that Texas jails provide procedures for the distribution of prescriptions in accordance with written instructions from a physician by an appropriate person designated by the sheriff/operator.

  • After a custodial death at Gregg County Jail, officials in Gregg County self-reported the medicating nurse failed to provide the inmate with his prescribed medications during the morning medication pass and documented a medication refusal without interacting with or speaking to the inmate.

Gregg County Jail was cited for the same rule named above after an inspection that took place from August 29-31. The TCJS inspector’s note said that medication administration records were reviewed, and it was discovered that the records failed to show that the medications are distributed in accordance with written instructions from a physician.

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smchugh

Liberty County, Texas Jail Fails State Inspection

Liberty County Jail is among the non-compliant jails currently listed on the Texas Commission on Jail Standards (TCJS) website. In a January 3, 2024, notice of noncompliance, Liberty County Jail was advised of the results of a jail inspection conducted on January 8, 2024. The Liberty, Texas, jail has been cited for violating three (3) minimum jail standards. The address of Liberty County Jail is 2400 Beaumont Ave, Liberty, TX 77575. The jail can house up to 285 detainees.

Rule §259.133 – Single Cells

Liberty County Jail has been cited for allegedly failing to comply with Rule §259.133 – Single Cells, which is in the chapter on New Construction Rules and Subchapter B, New Maximum Security Design, Construction, and Furnishing Requirements. Single Cells – Single cells shall contain not less than 40 square feet of clear floor space. Each cell shall have one bunk, toilet, lavatory, table and seating separate from the bunk.

  • During the investigation of complaint 35173, it was discovered that the Liberty County Jail had housed three (3) inmates in one single cell.

Rule §259.138 – Holding Cells

Liberty County Jail has been cited for allegedly failing to comply with Rule §259.138 – Holding Cells, which is in the chapter on New Construction Rules and Subchapter B, New Maximum Security Design, Construction, and Furnishing Requirements. One or more holding cells shall be provided to hold inmates pending intake, processing, release, or other reason for temporary holding. Inmates shall not be held for more than 48 hours and the cell shall include the following features.

  • During the investigation of complaint 35173, it was discovered that the Liberty County Jail had housed inmates in holding cells for more than 48 hours.

Rule §271.1 (a)(4) – Objective Classification Plan

In the jail inspection report, it is also indicated that Liberty County Jail was noncompliant with Rule §271.1 (d) – Objective Classification Plan; however, in the current Texas Administrative Code, the location of the rule cited in the report is Rule §271.1 (a)(4) – Objective Classification Plan. The Objective Classification Plan is in the chapter on the Classification and Separation of Inmates. Minimum and maximum custody-level inmates shall be housed separately. All other custody-level inmates should be housed separately. When under direct, visual supervision, inmates of different custody levels may simultaneously participate in work and program activities.

  • During the investigation of complaint 35173, it was discovered that the Liberty County Jail had housed inmates classified as minimum custody with inmates classified as maximum custody.

This is the second jail inspection posted on the current TCJS website. The jail was also cited following a jail inspection on August 1, 2023, when TCJS inspectors alleged that the jail violated two rules under the chapter on Health Services. One of the rules allegedly violated was about Health Records, and the other pertained to the Mental Disabilities/Suicide Prevention Plan.

 

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smchugh

Duval County, Texas Jail Fails State Inspection

Inside The Old Idaho State Penitentiary

Duval County Jail is among the non-compliant jails currently listed on the Texas Commission on Jail Standards (TCJS) website. In a December 18, 2023, notice of noncompliance, Duval County Jail is advised of the results of a jail inspection conducted on December 6, 2023. The San Diego, Texas, jail has been cited for the alleged violation of one minimum jail standard. The address of Duval County Jail is 401 E Collins Ave, San Diego, TX 78384. The jail can house up to 48 detainees.

Duval County Jail is Cited for Non-Compliance with Rule §275.1- Regular Observation by Jailers

Rule §275.1- Regular Observation by Jailers is in the chapter on the Supervision of Inmates. The rule states that every facility shall have the appropriate number of jailers at the facility 24 hours each day. Facilities shall have an established procedure for documented, face-to-face observation of all inmates by jailers no less than once every 60 minutes. Observation shall be performed at least every 30 minutes in areas where inmates known to be assaultive, potentially suicidal, mentally ill, or who have demonstrated bizarre behavior are confined.

  • The TCJS inspector reported that while reviewing observation checks from the Duval County Jail for a complaint, it was determined that the jail staff failed to conduct observation checks within the 30-minute timeframe in accordance with minimum jail standards. 

Following a jail inspection that occurred on April 5, 2021, Duval County Jail was cited for three alleged violations of minimum jail standards. The above-referenced rule was included then, as well. TCJS Inspector Jennifer Shumake’s note in the 2021 jail inspection report states: “It was determined that jailers exceeded 30 minute face-to-face observation in areas where inmates are known to be assaultive, potentially suicidal, or mentally ill, or who have demonstrated bizarre behavior are confined.

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smchugh

Trinity County, Texas Jail Fails State Inspection

cropped image of prison officer wearing handcuffs on prisoner

Trinity County Jail is among the non-compliant jails currently listed on the Texas Commission on Jail Standards (TCJS) website. In a December 12, 2023, notice of noncompliance, Trinity County Jail was advised of the results of a jail inspection conducted on December 4, 2023. The Groveton, Texas, jail has been cited for the alleged violation of one minimum jail standard. The address of Trinity County Jail is 214 1st Street, PO Box 95, Groveton, TX 75845. The jail can house up to 7 detainees.

The document citing Trinity County Jail for non-compliance errantly shows that the rule violated was §273.3, which is in regard to health instructions. However, the rule shown is the one indicated below.

Rule §273.6 (3) – Restraints

Trinity County Jail has been cited for allegedly failing to comply with Rule §273.6 (3) – Restraints, which is in the chapter on Health Services. Inmates exhibiting behavior indicating that they are a danger to themselves or others shall be managed in such a way as to minimize the threat of injury or harm. If restraints are determined to be necessary, they shall be used in a humane manner, only for the prevention of injury, and not as a punitive measure. (3) A documented observation of the inmate shall be conducted every 15 minutes, at a minimum. The observations should include an assessment of the security of the restraints and the circulation to the extremities.

  • The TCJS inspector discovered that 10 of 97 restraint chair observations exceeded the 15-minute minimum by 1 minute up to 5 minutes.

 

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smchugh
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