Friday, December 19, 2008

TCJC: Jails need technical assistance to reduce unnecessary overcrowding

As part of their participation in the Sunset review process for the Texas Commission on Jail Standards, the Texas Criminal Justice Coalition:
recently launched an anonymous online survey targeted towards Texas Sheriffs, County Court Judges, and Jail Administrators. Specifically, this survey was intended to address questions posed by the Sunset Advisory Commission in regards to the mission and performance of the Texas Commission on Jail Standards (TCJS).
See the full survey here (pdf). Most respondents said no changes were needed to TCJS' functions, but the largest number who offered suggestions believed that "additional assistance to jails and counties in their efforts to be safe and compliant," while responses to another question placed the highest premium on "more training for jail staff; more education and available information."

I think that's exactly right; TCJS currently performs annual inspections but does not have capacity to provide significant technical assistance to counties to help them implement diversion programs or reduce overcrowding. As a result, TCJC recommended that:
TCJS should be given additional staff that can focus solely on providing technical assistance for programs that provide rehabilitation, education, and re-integration for inmates confined in county and municipal jail facilities under its jurisdiction. Such programs could include (a) group counseling, (b) drug education, (c) basic education programs, (d) transition planning, and (d) aftercare planning.
Staffing that function at TCJS could have a big impact on local jail overcrowding and help ensure that lessons learned in one jurisdiction are communicated to jailers in other counties. IMO, the other big need is for greater oversight by TCJS of medical and mental health-related jail functions, both as part of the inspection process and providing technical assistance to improve these functions.

Respondents to TCJC's survey were asked to list the biggest challenges facing their jails and TCJS in the next five to ten years and, perhaps predictably, the top three were:
• 36% = overcrowding (due to increasing jail populations)
• 22% = additional jail and TCJS staffing
• 13% = additional jail construction
It's true that jail populations are increasing in Texas even though crime has been declining, but nearly all that trend results from expanded use of pretrial detention for low-level offenders. Given that, staffing TCJS to provide technical assistance aimed at reducing pretrial detention could produce a lot of bang for the buck for county taxpayers, particularly in the near term when many jurisdictions are still using inefficient practices. I think that's a really smart suggestion.

Read TCJC's full written response to the Sunset Staff Report here. See also the Sunset staff report and public comments submitted as part of the Sunset process. Comments on the Jail Standards Commission's Sunset review may still be submitted until 5 p.m. this afternoon; email them to sunset@sunset.state.tx.us.

10 comments:

  1. Love him? Hate him? How do YOU feel about our soon to be former President? Take part in a chance to immortalize your views in book form by visiting http://goodbyegeorgew.com/ and letting your opinion be read!

    Check out the following article about http://goodbyegeorgew.com/: http://www.prlog.org/10153466.html

    ReplyDelete
  2. Wow, it's great to see people at TCJC at least anonymously thinking of ways to improve the system.

    You are absolutely right to focus on pretrial compliance.

    The request for technical assistance makes me feel that at least a few are paying attention to Rothgery. From the Rothgery decision:

    see Brief for Brennan Center of
    Justice et al. as Amici Curiae 10 (explaining that “jails
    may be required to report their arrestees to county prosecutor
    offices on particular days” (citing Tex. Crim. Proc.
    14 ROTHGERY v. GILLESPIE COUNTY
    Opinion of the Court
    Code Ann., Art. 2.19)); or “the sophistication, or lack
    thereof, of a jurisdiction’s computer intake system,” Brief
    for Brennan Center, supra, at 11; see also id., at 10–12
    (noting that only “[s]ome Texas counties . . . have computer
    systems that provide arrest and detention information
    simultaneously to prosecutors, law enforcement officers,
    jail personnel, and clerks. Prosecutors in these
    jurisdictions use the systems to prescreen cases early in
    the process before an initial appearance”

    ReplyDelete
  3. Hi - here's the relevant Rothgery line, which is a critique of how things are run in Texas

    And it would have the practical effect of resting attachment
    on such absurd distinctions as the day of the
    month an arrest is made,

    I pasted the wrong part previously, sorry

    ReplyDelete
  4. OT, but have you heard about this?

    ReplyDelete
  5. Given that, staffing TCJS to provide technical assistance aimed at reducing pretrial detention could produce a lot of bang for the buck for county taxpayers, particularly in the near term when many jurisdictions are still using inefficient practices. I think that's a really smart suggestion.

    Jail staff has no control over this function. While jauil staff can make recommendations to magistrates and the prosecuting attorneys, I don't see much changing here unless TCJS plans to piss in the judges and prosecutors Cheerios.

    No, more TCJS staffing is not the solution and will only increase the TCJS budget. Most jail staffs know what needs to be done so defendants don't remain in jail until they go for docket call. Unfortunately, their recommenadtions to the local politicos fall on deaf ears.

    ReplyDelete
  6. TCJS should be given additional staff that can focus solely on providing technical assistance for programs that provide rehabilitation, education, and re-integration for inmates confined in county and municipal jail facilities under its jurisdiction. Such programs could include (a) group counseling, (b) drug education, (c) basic education programs, (d) transition planning, and (d) aftercare planning.

    Not that these programs should be given consideratioon, this sounds like the potential for more state unfunded mandates.

    ReplyDelete
  7. To 0200

    Every county was required to implement a written plan concerning the appointment of counsel for indigent defensdants in jail. Some did and some didn't.

    TCJS does not need more staffing for pretrial compliance, counties who did not implement the plan just need to be penalized for not doing so. And as is often the case, the legisalture imposes mandates like this but provide no penalty for noncompliance.

    ReplyDelete
  8. Hello: I bring you good tidings on behalf of the new legal reform, whistleblower protection, and human rights organization known as POPULAR, Power Over Poverty Under Laws of America Restored. If you have not already, please take a moment to learn and become part of the many campaigns, projects, and other initiatives we recently launched at the National Press Club in Washington, DC. Our flagship project is an electronic signature drive known as the "Tear Down The Wall Of Poverty" campaign. Simply visit our website and click on the link for Wall Of Poverty. In about the middle of the page is an image of a wall with the words "Click Here To Sign". Just click and follow the simple instructions to sign our online petition. Please allow me to suggest a POPULAR resolution for now and years to come. "Let us therefore brace ourselves to our duties, and so bear ourselves that if we as a people last for a thousand years, people will still say, this was their finest hour!" Winston Churchill Zena Crenshaw Logal,Executive DirectorPOPULAR, Inc. "Obama Lights The Way" A POPULAR Campaign Writing for poor and other disenfranchised people, POPULAR urged President-Elect Obama to foster a U.S. Justice Department that fervently prosecutes criminal violations of civil, constitutional, and human rights. The communication kicked-off the "Obama Lights The Way" campaign to include candlelight vigils for justice; periodic requests for investigations; and evaluations of the Obama Justice Department's user-friendliness. LEARN MORE A Special Holiday Message From POPULAR's Nancy Swan The holidays are a time we are reminded of our obligation to others, to work for world peace, to fight injustice, and give to those less fortunate. But, in the press and rush of the holidays, we often push these duties to back of the list, or wish them onto others. This season, more than any other time in the history of the world, we need to honor our holiday obligations as a part of our celebration. READ MORE
    Yuletide Greetings From POPULAR's Dr. Andrew D. Jackson We look at POPULAR's mission and see the promise. In the New Year we need to resolve to work on, sponsor, nurture, and otherwise assist its programs to bring us closer to the fulfillment of that promise. READ MORE Other POPULAR projects, campaigns, and initiatives: SMALL TOWN JUSTICE? - A look at allegedly systematic injustice in Abilene, Texas: Learn More The Law -vs- Quality Patient Care? - A Referendum on the Health Care Quality Improvement Act: Learn More Summit On A Toxic Tort Case Gone Way Wrong: Learn More
    Derailment Of An American Dream - Mortgage Fraud and the Dillard-Winecoff Hotel Development Project: Learn More POPULAR's Advisory Board: Katherine Moore, President Nancy Swan, Vice President Evelyn Johnson, MemberMichayl Mellen, Member George Stokes, Member Learn More POPULAR's Board of Directors and Executive Officers: Dale Nathan, Esq. - President Dr. Christina Pak, Vice President Dr. Mark Adams, Treasurer Dr. Andrew D. Jackson, Deputy Director and Board Secretary Dr. Glenn Vickers Bey, MemberZena Crenshaw Logal, Esq. - Executive Director and Board MemberLearn More

    www.popular4people.org

    ReplyDelete
  9. Pissing on the police and prosector's cheerios - now that made me laugh!

    Most states hold probable cause hearings immediately after an arrest or after someone turns themselves in - seems like it would be a good way to comply with Rothgery and save a LOT of government money.

    The process in Texas seems to involve procedure written to make it look like probable cause is being followed when the reality is it is totally disregarded until trial in many cases.

    ReplyDelete
  10. I checked out the website referenced one post back - www.popular4people.org

    It's really cool. They did a study of justice in Abilene.

    ReplyDelete