Saturday, November 05, 2016

Harris Jail overcrowded, again; bail reform desperately needed

The Texas Commission on Jail Standards this week approved having inmates sleep on plastic cots on the floor at the Harris County Jail, which already ships out hundreds of inmates to be housed in other counties. "The commission gave the county the OK to use 192 portable beds until May 31, 2017. Commission members also approved the county's request to extend its existing variance for 580 bunk beds." TCJS executive director Brandon Wood lamented the move, which comes as the county faces federal litigation over an allegedly unconstitutional bail system, saying it "created problems."

The kicker, though: Eighty percent of jail inmates are being detained pretrial and have yet to be convicted, according to the Houston Chronicle, meaning these variances and the purported jail crowding crisis spurring them are entirely a self-inflicted wound. Most of those folks could have been released pending trial. The bail reform measures being considered now should and could have happened a decade ago. If judges would begin using personal bonds for low-level offenses, particularly for misdemeanors and state jail felonies, they could solve the crowding problem in just a few weeks.

For Grits' part, not only do I consider the variances avoidable in light of tools available to reduce the Harris County Jail population, as long as Sheriff Hickman is running the jail I'm frankly unsure it will operate in a safe and secure manner. As soon as he entered office, he gutted oversight mechanisms designed to ferret out problems and a string of ugly incidents have occurred on his watch. Most recently, Lise Olsen reported on the severe beating of an inmate by jail employees outside of a health clinic. The Sheriff has videotape evidence he has refused to release to the public or the inmate's civil attorneys.

So Sheriff Hickman's instincts are to cover up bad deeds when they happen and eliminate personnel dedicated to looking for bad deeds in the first place. That's not a record which would inspire Grits to say, "Sure, go ahead, stack the inmates up like cordwood and let them sleep on the floor: We know you'd never let anything bad happen."

9 comments:

  1. Do you happen to have a breakdown on how many of the inmates are there on misdemeanors, State Jails and Third Degrees and above? Also, how many are incarcerated because of motions to revoke or adjudicate probations; and bond forfeitures/failure to appear?

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  2. Most but not all of that is available at http://www.tcjs.state.tx.us/docs/AbbreRptCurrent.pdf

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  3. So out of 9004 local inmates in the Harris County jail, only 371 are there on pending misdemeanor charges? Presumably, some of those had originally made a bond of some sort and then didn't show for court and had their bond forfeited. And you think giving them all PR bonds will make a significant impact on the jail population in Harris County? Even if you add the 653 State Jail pretrial detainees--and again I would be a good percentage of those are bond forfeitures as well, I'm thinking the bail reform along the lines you're advocating isn't going help much for long. Just another liberal "touchy feely" bandaid.

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  4. Actually, 5:09, I think giving PR bonds to those would mean they could end variances and stop shipping inmates out of county. Because: Math. To reduce incarceration further would require using risk assessments for all inmates instead of relying solely on cash bail.

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  5. Anon. your questions are on point. however, I recall the conflicting information raised in discussions among Legislators Senator Whitmire and Representative Dutton and others. More recently, in the aftermath of the Bland's felony assault by a peace officer, her illegal arrest and death several conferences were held, and like always, nothing positive has occurred.

    The policy of allowing judges to determine whether persons should be entitled to bail and/or a court appointed attorney, raises questions of conflict-of-interest and separation-of-power issues. Texas bifurcated system allows for unjust enrichment by a few blood-suckers who's only interest is gaming the system.

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  6. It is ridiculous that public employees turn against their own. Can't wait until they are put in the same position as the people they persecute. The time is coming and these dishonorable public employees will be thrown under the bus.

    The people, juries and plain Americans that respect our country will wake up to the rule of Law not codes, rules, and regulations meant for public employees.

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  7. Someone should look closely at relationships between county officials and the private jail operator the county is contracting with to house inmates off-site in order to alleviate overcrowding. Grits has laid out a no-brainer option for reducing overcrowding (PR bonds for low level defendants awaiting trial), an option many counties use, but one Harris County has consistently and obstinately refused to utilize. Because of that refusal, the county is forced to send inmates to other jails. I believe the Chronicle reported this week it's costing the county $400,000-$500,000 per month. The cost is based on the number of inmates being sent and it has in the past cost the county as much as $1 million per month. Someone is making a lot of money from that.

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  8. Another tactic to consider is to pick and choose our battles. Police need to learn that arrest and the criminal justice system should be the last resort to dealing with society's problems and not the first. There are better ways to do this.

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  9. Bring back Speedy Trial for DA's and CA's! That will help!

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