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The House Committee on County Affairs met on June 14 to hear invited and public testimony on the following interim charges:

  • Monitor the agencies and programs under the Committee’s jurisdiction and oversee the implementation of relevant legislation passed by the 87th Legislature. Conduct active oversight of all associated rulemaking and other governmental actions taken to ensure the intended legislative outcome of all legislation, including the following:
    • HB 1545, relating to the continuation and functions of the Commission on Jail Standards;
    • HB 1906, relating to grants awarded to reimburse counties for the cost of monitoring defendants and victims in cases involving family violence; and
    • HB 2073, relating to quarantine leave for fire fighters, peace officers, detention officers, and emergency medical technicians employed by, appointed by, or elected for a political subdivision.
  • Study statutorily mandated services provided by sheriffs and constables and determine whether fee schedules are set at sufficient levels to allow for cost recovery without placing undue burdens on recipients of those services.

This report is intended to give you an overview of discussions and highlight the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

Monitoring the implementation of HB 1545, relating to the continuation and functions of the Commission on Jail Standards

Brandon Wood, Texas Commission on Jail Standards

  • HB 1545 is a sunset bill for the Texas Commission on Jail Standards
  • Participates in Operation Lonestar
  • Agency responsible for oversight of county jails; 240 facilities under their jurisdiction
  • Moving from annual inspection cycle to risk-based inspection cycle; biggest change from bill
  • Utilizes risk assessment tool developed in cooperation with Sam Houston State; considers past performance, deaths in custody, staff turnover rates, inmate population, and number of complaints
  • Risk assessment tool finalized by September 1
  • Chair Stucky – Are these announced or unannounced inspections?
    • Unannounced; change made in 2007
    • Unannounced provides a more authentic look at jail conditions
  • Bill created a comprehensive reinspection process; 25% of reinspections will now be on-site and will inspect the full facility not just areas that failed inspection
  • Bill created graduated and escalated enforcement stature
  • Sunset recommended acceleration of enforcement process for jails that fail inspections
  • Jones – What is a high performing jail?
    • One that hasn’t failed an inspection in 3-4 years, no complaints or overpopulation, and staff turnover rate is solid
  • Jones – What does performance mean in risk assessment factors?
    • 13 different factors related to the metrics of a high performing jails
  • Jones – Where will I find the 13 factors?
    • They are in the government code, and we can provide you with a copy
  • Jones – When will we be provided with standards for our review?
    • We can provide copies of ones that have already been adopted and the ones still in the comment phase
  • Jones – When is the next commission meeting?
    • August 2nd
  • Chair Stucky – Are you retaining staff like these jails?
    • Retention is an issue; counties can offer employees higher salaries
    • Inspectors are responsible for 60 jails each
    • Takes new staff about 6 months to train
    • Employees are high quality; 3 previous staff members are now jail administrators
  • Anderson – Did Operation Lonestar impact your jails?
    • Yes, we’ve had to process some in temporary processing centers and detain them in TDCJ centers; temporary centers getting grant funding to continue operations
    • Must accommodate a lot more inmates; didn’t plan to house these individuals so adds strain to system
  • Lopez – What type of arrests are these? Could I get a percentage?
    • Mostly criminal trespass, some human smuggling charges, other crimes as well
    • Can’t give a specific number, majority is criminal trespass though
  • Lopez – Is access to legal representation available?
    • Program set up to ensure counsel upon request; early problems have been addressed
  • Lopez – Has the volume of criminal trespass detainees tapered off? What’s the average duration of stays?
    • We can provide this information
  • Lopez – Do you have a way to adjust the rating of facilities that are struggling with this current crisis?
    • We have included a metric that weighs the different factors to account for high volume metropolitan county jails
    • County jail situation is increasingly difficult due to overcrowding and an inefficient court system; majority of county jail inmates are pre-trial felons
  • Jones – What is Operation Lonestar? Why are we overcrowding our jails with criminal trespass misdemeanors? Just because it’s a felony to come into this country illegally? Are we allowing pretrial bonds? What is the percentage between criminal trespass arrests and everything else? Are there fines for overcrowding?
    • Some of these questions may be better suited for other individuals, we will set up a meeting and I can refer them to you
  • Change to inmate complaint process; attempting to prioritize complaints based on number and content, keeping inmates updated on status of their complaint, informing individuals who file complaints that they can appeal decision regarding their complaint
  • Adopted administrative rules to better inform inmates about complaint rules
  • Creating trends analyses to analyze and improve problematic areas
  • Anderson – How many more full-time employees (FTE) would be needed at a state level to implement this trend analysis?
    • One FTE to analyze and input data
  • Anderson – This committee would be behind you doing that
  • Jones – How many days in the complaint process?
    • 45-day interim response to any complaint received
  • Jones – Inmates get a handbook? Do they have writing supplies?
    • Yes, each inmate gets one upon booking
    • Inmates do get writing supplies and materials to send postage
  • Sunset provided the commission ability to create advisory committees without legislative instruction
  • Created more formalized commissioner training upon request
  • Created new rule review process; working on a schedule for review and publishing in Texas Register every four years
  • Changes made to death and custody reporting requirement and investigation process; different entity may review a death in custody if there is perceived conflict of interest
  • Sunset recommends encouraging jails to adopt an operational plan that exceeds minimum standards
  • Putting together an inspector’s procedural handbook that includes best practices
  • Sunset recommended:
    • Addressing non-jurisdictional complaints in a different manner; working on this still
    • Expanding our website; data tracking and analysis have been addressed
    • Completion of a staffing analysis to repurpose FTEs
    • Conduction of annual report for legislators to review
  • Ability to issue complaints increased; complaints doubled from February to April
  • Jones – What’s the punishment for a jail that isn’t following their operational plan?
    • Upon finding a problem in inspection, we will tell them to change
    • Next time, they will receive a notice of non-compliance with 30 days to implement corrective action
    • If they still do not comply within 90 days, they will have to appear before the board and may face orders from the Attorney General
  • Stephenson – How is the budget going to work for this?
    • Sunset did not believe there was any fiscal impact on these changes; we move people around in order to make our budget work

 

Brian Hawthorne, Sheriffs Association of Texas

  • Jail standards are vital, but there are challenges with the bill
  • Sheriffs prefer having annual inspections; increases accountability
  • Smaller jails can’t have a compliance officer like the bigger jails; staffing is extremely difficult for jails
  • Suicide prevention recommendations in the bill are taxing on staffing
  • Jones – Do you have a mental health professional as an FTE at your jail
    • No, most small jails don’t
  • Jones – If we mandated that small counties have one FTE would we have to look at funding?
    • Chair Stucky – Yes
  • A lot of us sheriffs use our local mental health authority, without them we would have essentially no mental health assistance

 

Adam Haynes, Conference of Urban Counties

  • Represents 34 of the most populous counties in the state
  • Jails are the largest expense in most counties

 

Monitoring the implementation of HB 1906, relating to grants awarded to reimburse counties for the cost of monitoring defendants and victims in cases involving family violence

 

Adam Haynes, Conference of Urban Counties

  • Overall, grants are good, mandates are bad
  • Monitoring family violence is a critical issue
  • Some of the bill’s focus changed in special sessions with SB 6 and bonding procedures; now very unlikely for someone charged with a felony regarding family violence to make bail
  • Most family violence cases are in district or state courts; direct payment should be issued to county for providing services to the state
  • Working to change SB 6 this session
  • Anderson – Would that be interpreted as a quasi-unfunded mandate
    • Many cases we look at the defendant to pay that cost of monitoring
    • Would be a state-imposed property tax
  • Jones – Disagree that if you can’t afford bail, you’re indigent and want to remind people that you are innocent until proven guilty, pre-trial detention should not be the norm
    • We’re trying to change that, hoping it is hard for someone to pass indigency

 

Judge Inna Kline, Nueces County Judge

  • Bill contains interconnections with the jail standards; puts a lot of constrictions on judicial work
  • Supervises county domestic violence case load
  • Most defendants are found to be indigent, required that GPS is provided to them without them having to pay
  • If we were to allow defendants to sit in jail while awaiting trial, they could be waiting for years
  • GPS is the least expensive option that ensures the safety of victims, return to court, and maintenance of jail standards
  • Chair Stucky – What is the expense on the GPS?
    • Varies between 50 and 300 dollars a month
  • Jones – It takes survivors of domestic violence an average of seven times before actually leaving their abuser; I’m a survivor and agree that GPS would be the best option

 

Monitoring the implementation of HB 2073, relating to quarantine leave for fire fighters, peace officers, detention officers, and emergency medical technicians employed by, appointed by, or elected for a political subdivision.

 

Brad McCutcheon, Texas State Association of Firefighters

  • Firefighters had to be quarantined in large groups during Covid due to communal living
  • Differentiation between on-duty and off-duty exposure important to the bill
  • If exposed on duty the individual’s quarantine expenses are covered by the organization; no support if COVID contracted off-duty
  • Turner – Do you think municipalities implementing this bill are aware that this bill applies to non-COVID diseases as well?
    • Majority of organizations we worked with were relying on CDC guidelines
  • Chair Stucky – Did you ever run into a time where you didn’t have enough firefighters or peace officers during COVID?
    • No

 

John Wilkerson, Texas Municipal Police Association

  • The language in this bill only applies this bill to political subdivisions
  • Game Wardens, TABC agents, Highway Patrol aren’t included in this bill
  • Contradictory issues happening with SB 22
  • Jones – What’s the definition of who gets covered?
    • Political subdivision does not include the State of Texas
  • Turner – How do officers usually know and present that they have COVID?
    • It varies between people
  • Longoria – Did you see a lot of officers having to use their personal time and how prevalent was this?
    • Yes, it’s pretty prevalent
    • We’re still getting about 4 calls a week with officers saying this has happened to them
    • Less prevalent now than in the beginning but still out there
  • Stephenson – What language would you recommend we modify this bill for?
    • Still working to find that answer
    • Tried to address this with the workers comp association but they said it would be too complicated to change bill language

 

Chris Jones, Combined Law Enforcement Association of Texas

  • Need to improve the roadmap for potential future pandemics
  • County Jails were a hotbed of Covid; bill doesn’t cover detention officers
  • Forced agencies to balance spreading Covid and staffing
  • Most agencies adopted quarantine leave policy, but they lack clarification
  • Employees forced to use personal leave and sick leave for Covid recovery
  • Recommends quarantine leave even if not contracted in the workplace
  • Longoria – What is the policy for the DPS and other state agencies?
    • Do not know, but they are not covered by this bill

 

Brian Hawthorne, Sheriffs Association of Texas

  • Sheriffs approve the bill and its implementation; however, needs finetuning
  • Issues arise with employee identification in the bill

 

Adam Haynes, Conference of Urban Counties

  • HB 2073 gave counties clarity during pandemic
  • Will run out of federal funding in October 2024; requests that if benefit goes forward it will be sunsetted
  • Detention officers and first responders are included in the bill, but many employees aren’t
  • Turner – Who does “detention officers” cover?
    • It covers people that work in jails
  • Jones – Is there disagreement about whether detention officers are covered or not?
    • Detention officers are covered
  • Jones – If there is confusion about an employee’s coverage, how is it resolved?
    • It’s based on individual county or city policies

 

Study statutorily mandated services provided by sheriffs and constables and determine whether fee schedules are set at sufficient levels to allow for cost recovery without placing undue burdens on recipients of those services.

 

Constable Carlos Lopez, Justice of Peace and Constables Association of Texas

  • The police department incurs fees from bringing an individual to court
  • Government provides $50; hasn’t been reviewed by state since 1999
  • Taxpayers supplementing these costs from property taxes; ranges from $75-100
  • Local counties supplementing $13 million annually to cover this cost
  • Recommends at least a $40 increase
  • Jones – The fines taken by the court go to the general revenue of the county not to the criminal justice arena?
    • Yes
  • Jones – Could we mandate a certain percentage to go back where it came from?
    • Chair Stucky – It’s on the table
  • Stephenson – Could you figure out how much taxpayers have supplemented since 1999?
    • Yes