HB 684 This legislation would help Texas counties to address the high costs of jail overcrowding by allowing them to house low-risk inmates in tent facilities. In 2006, I visited Maricopa County, Arizona and met with Sheriff Joe Arapaio [sic], who runs the largest tent jail facility in the nation. The Maricopa County Sheriff is known for being possibly the toughest sheriff in the country for housing inmates in tents. Sheriff Joe designed his tent jail facility to reduce recidivism and cut costs. In efforts to reduce the high costs of jail overcrowding, HB 684 would allow counties to house low-risk inmates indefinitely in tents or other facilities in lieu of a county jail, in keeping with standards already in place. Maricopa County Deputy Chief Jack MacIntyre is flying in from Arizona to testify in favor of this legislation!The Texas Commission on Jail Standards has long had rules in place for use of tents by county jails. The only significant change the bill makes is to declare that such rules must allow use of tents "indefinitely." Currently counties can only use tent jails for a maximum of up to three years.
Modeling one's jail policy on Maricopa County is an invitation for extra trouble and expense, particularly in the form of litigation. According to Wikipedia, "From 2004 through November 2007, Arpaio was the target of 2,150 lawsuits in U.S. District Court and hundreds more in Maricopa County courts, with more than $50 million in claims being filed, 50 times as many prison-conditions lawsuits as the New York City, Los Angeles, Chicago, and Houston jail systems combined. Allegations of cruel treatment of inmates as well as living conditions have been cited by Amnesty International in a report issued on the treatment of inmates in Maricopa County facilities." Reported the Phoneix New Times in 2007, "There simply isn't another jail system in America with this history of taxpayer-financed litigation." (Relatedly, see more background on Deputy Chief MacIntyre who's coming in to testify for the bill.)
Without walls, tent jails are also particularly prone to contraband smuggling, not to mention additional inmate health problems related to heat, cold, sanitation, etc..
Rep. Larson's bill invites counties to take on similar liabilities that seem to me totally unnecessary. The legislation allows tent jails, but fails to add any measures that might prevent the kind of litigation endured in Maricopa County. As such, the bill is just as likely to open up counties for extra costs as it is to save them any money. Bad idea. Mass incarceration creates budget problems, it's true, but the solution isn't to skimp on secure jails.
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28 comments:
I guess I would have to ask how much of that litigation against Maricopa county has been successful? $50mill in filed claims is pretty meaningless if none of it has been sustained. I could see, in some circumstances, a choice to deliberately take on more litigation costs as being a win if you are able to shed facilities expenditures in greater amounts than the increase. Filed claims seems like about as meaningful statistic as prosecution conviction rates.
The reason it isn't totally meaningless is that even "nuisance" lawsuits like pro se 1983 actions filed against personnel take some money and energy to mess with....
Soronel, according to the linked Phoenix New Times story, the county had PAID $41.4 million as of 2007, "to insure for, defend, or settle lawsuits." I'm guessing the $50 mil number is paid claims, based on that.
Prison Doc,
Which is why I said if the increased cost of litigation is less than the savings on facilities that it may be a worthwhile choice.
I may be wrong but I would suspect that the amount of work required to defend any particular claim is not strongly related to the amount of damages requested. It wouldn't even surprise me in this context if the amount of work required to defend any particular claim is almost flat, in which case the number of claims would be a potentially worthwhile metric, but again not the requested damages or other relief.
I believe there's another $100M in claims outstanding in Maricopa County. In any event, wouldn't it be better to spend the money on a decent facility to start with rather than having to pay an actuary to figure out "How much litigable human suffering can we allow before the cost-benefit analysis shifts to make that approach unprofitable"? Besides which, Soronel, does it not occur to you that humane and decent treatment of those who may not even be convicted of a crime has value in itself? Shame on you.
You need to dig a little deeper. I have family in Phoenix, and the current litigation dollars with MCSO over Joe Arpaio's tenure is correctly about $43.4 million. Its getting worse with his former County Attorney Andy Thomas, who filed several unsubstantiated criminal charges against judges and his own county commissioners. The Maricopa County Commissioners Courts are now looking at $100 million in payouts and Thomas may be facing disbarment as an Attorney in AZ.
Nothing in Maricopa County should be considered as a viable correctional program in Travis County, or for the fact, in Texas or the rest of the US.
MCSO command officers are under investigation by the US DOJ for campaign law corruption.
MCSO makes Hearne PD and Tulia look like chump change. They are not a case study in professional LEOs.
If the tents aimed to reduce recidivism, as is claimed in this Bill, then surely Sheriff Joe wouldn't have needed them for so long?
He's also fiercely proud of being able to "feed" his inmates on something like 37 cents per day. The man is a sadist.
Politicians don't care how much litigation costs taxpayers. If they believe this bit of legislation will get them re-elected, it's a done deal. Politicians have been fear-mongering the voters about high crime rates for decades. And law enforcement does the same to get more manpower and equipment. There must be 20,000 sheriffs here who would love to be the Texas version of Joe Arpaio (sic).
These tents are like concentration camps in the heat of Arizona and Texas ! Contact David Fahti of the ACLU, he won a suit against Arpajo where an inmate was almost killed because of lack of officers to keep the inmates safe. David can tell you what it is like and why these lawsuits exist. One more stupid idea for Texas legislators who know NOTHING about prisons!
Not only will lawsuits add to the cost but medical bills for those who are harmed by the heat. I know someone will come up with the excuse " well our troups have to fight in this heat ", but they do have a choice .
Years ago they were housed in tents for a short while in Texas.
Don't really see why they cannot do it again.
Afterall if our soldiers can live in them, why can't our prisoners?
Hey Anonymous 08:54:00 AM, perhaps you should have read the post immediately before yours before you posted???? You are probably of the mind to "just throw away the key" or "put a bullet in their head" to save money. I am sure your tone would certainly change if you or a family member was housed in a jail tent for some petty crime? hmmmmmmmmm
8:54, they still can house inmates in tents for a short while. There's a link to the relevant rules in the post.
Also, there are significant differences between soldiers and prisoners. For example, when soldiers live in tents there's little fear of contraband entering the camp or one of them escaping. But with inmates, an accomplice can just throw a cell phone, drugs, etc., over the fence since there's no wall or roof to stop them. I don't know why you would equate soldiers and prisoners, but it's a false equivalency.
This blog makes me want to move to a better state.
There is no better state. What we need is a better state government. :)
As a Retired PROFESSIONAL SOLDIER (over twenty years) I can tell you first hand we served our country because we wanted to and for other reasons to better ourselves. VOLUNTEERED is the key word here. I have seen prison's in third world countries that are better than some here in Texas. Go look at the prison's we have in this state that houses females and it is a disgrace at best. Cruelty is the only word that comes to my mind when I see them. The guards and staff are the worst I have ever seen and by far worst than any third world country I have ever been in.
just another idiot in our legi that i assume has nothing else to do, but propose "dumbass" stupid legislation that will cost BIG $$$$$ if ever enacted. we can't let little ole Arizona out do us in the STUPID category i guess???? man, i'm so embarrassed for my State because of these dumbasses in our State and Federal Legi and Congress!!!
This is just continuation of pork barrelling prison and jail construction. Instead of buildings officials are seeking to proliferate handing out the same pork to "tent makers" instead of "brick and mortar companies." Any idea who the construction company is that is pushing for this legislative action? Answer that question and then scrutinize officials who are in bed with the construction company of interest. Then you will see that this is not about reducing incarceration costs, it is about throwing out more pork. Putting more money into the jails is like throwing good money on top of bad money. How about a thorough examination of where the money is being spent and tighten up the restrictions where sheriffs and counties cannot spend bottomless pits of jail money without transparency and accountability? I have heard of several counties where jail costs, due to new contruction, now have taxpayers funding daily bed rates in county jail 3 x higher than the daily rate of TDCJ daily bed rates in maximum security? Rumor has it three of them built the short term tents??? WTF
I didn't think that the idea of going to prison was supposed to be attractive.....
Let's see....Go out and break the law, and if you are a bad enough criminal the State will let you come stay in thier "Posh" escape from the real world.
The State will house you better than you were in the world, take care of your every need as far as education, healthcare, meals, etc.
Are you people for real?
Prison is supposed to be a place that one should want to avoid going to, not seeking.
But the bleeding hearts want to make it so that it is an enjoyable experience...
Big deal if they are housed in tents.
And bye the way, what idiot thinks that it would be easier to get contraband inside if the prisoners were in tents?
They are still INSIDE the wire.
It would be just as easy to throw something over the fence even if there were no tents GOOBER!
Besides, contraband was not the topic of discussion.....it was rather or not there should be tent housing.
Anonymous poster at 8:45 AM has it right.
Jail is not meant to be comfortable. As long as it is safe for the guards, deputies and inmates, then jail should be as uncomfortable as possible where the basic needs under federal law are met, and no more.
Contraband will always make it into the jails and prisons by corrupt guards who are trying to make extra cash... (California has the highest paid guards and the inmates are floating in drugs, cigs and cell phones).
If we don't decriminalize minor drug possession, then the only way to afford locking up so many is to consider ideas like Maricopa County's Tents.
8:45 says, "what idiot thinks that it would be easier to get contraband inside if the prisoners were in tents? They are still INSIDE the wire."
Perhaps you've noticed many jails these days actually have roofs!
Jails are not suppose to be a vacation; however, this country signed treaties and leatures other countries about human rights abuses, living conditions of prisons, slave labor, etc but we are guilty of doing this ourselves. We do not have a justice system, we have a revenge system. When this country throws all the international treaties envolving human rights then let's just run everyone threw and lower the population. Everyone deserves a second chance. Oh by the way I have seen prison employees break more laws than the people they are guarding.
(California has the highest paid guards and the inmates are floating in drugs, cigs and cell phones).
I know how they hide the cell phone. But please explain how they hide the charger. I know i'm off topic.
The Midland county sherrif recently installed housing with a tent like roof over the whole complex. Is this what they mean?
8:26
The tents in Maricopa actually loook like an Army tent structure don't they?
I don't think we have those in Texas. What is being called tents are really more of a building structure with some aesthetic characteristics of a tent. I have seen the Midland County "tent" and it is more building than a tent. If anybody thinks that is cruel and unusual punishment they are NUTS. Pre-Fabricated building with AC, fixed plumbing, and electricity, I would not think that is a tent?
JED, I don't think anyone but you said that housing prisoners in tents is "cruel and unusual punishment." You're arguing against stances no one has taken. The arguments in my post were all about the cost-benefit analysis of modeling yourself after Maricopa County, which btw would violate many standing TCJS rules if it were replicated here.
GRITS: Never stated or argued that "tents are cruel and unusual." In fact I said just the opposite. Read my post again. I think what I said was...I saw a facility and said it looked more like a building than a tent. Ergo surely that is not the same thing that Maricopa is using. Anyone who says that such a facility is cruel/unusual is NUTS.
And yes there have been responses, 4/06 that state/imply that prison, female facilities, are nothing short of cruelty.
Have a cup of coffee on me.
If you did not know this, the Arizona Sheriff in question is a buffoon. Yet, he is quite popular for those who want to speculate on the efficacy of a "tent city." But, then again, the citizens of Texas tend to support programs without one shred of evidence.
For instance, many people believed that the Boot camp approach would work, but I can assure you, the data does not support this delusion. Yet, it is quite popular.
But, who am I kidding. I live in Texas. We are not known for intellectual prowess.
JED, my point was NOBODY said that. You're arguing against a red herring, i.e., a position no one has taken, presumably because it's easier than confronting arguments that have actually been made.
According to Lyle Larson' Weekly recap this bill has made it through committee. Here's what Larson has to say about it:
HB 684, our tent jail bill, was voted favorably out of the County Affairs Committee. We are working to ensure it gets set for a full vote of the House in the coming weeks. Any assistance you may provide would be extremely helpful. Please call your representative and ask them to urge the Calendars Committee to set HB 684 for a vote.
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