By Austin Lewter
Jefferson Jimpleucte
The Marion County Jail was recently cited for non-compliance with the Texas Commission of Jail Standards.
The inspection occurred on Dec. 17, 2021 and was conduct by TCJS Inspector Michael Gravitt.
“The physical condition of the jail passed the inspection,” said Sheriff David Capps. “Over the last year we have done a lot of repairs, welded old bunks and shower privacy walls back into place, replaced hot water tanks, light fixtures, painted cells and halls, and other needed maintenance. The jail is aging and starting to show its 30 plus years of age. Unlike a house or other commercial buildings, we are open 24 hrs. a day 7 days a week. It sees a lot of abuse from the people who come thru here”
The report, published online at https://www.tcjs.state.tx.us/non-compliant-jails/, cites three different infractions on pertaining to inmate mental health.
Article 16.22 of the Texas Code of Criminal Procedure Procedures requires jails to screen to identify inmates who are known to be or observed to be mentally disabled and/or potentially suicidal and procedures for compliance with and referrals to available mental health officials.
The TCJS says Marion County has failed to comply, stating (in its report), “Jail staff on multiple occasions failed to notify the magistrate within 12 hours in accordance with Code of Criminal Procedure Article 16.22 when warranted by positive returns on the CCQ or affirmative answers on the Screening Form for Suicide and Medical/Mental/Developmental Impairments.
Article 16.22 further requires, “An approved mental disabilities/suicide prevention screening instrument shall be completed immediately on all inmates admitted.”
The report says the county fell short there as well:
“While reviewing medical files, it was determined that jail staff are not filling out the Screening Form for Suicide and Medical/Mental/Developmental Impairments in its entirety. This was an area of Technical Assistance during the FY21 annual inspection,” it said.
Article 16.22 also requires, “Observation… 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. Closed circuit television may be used, but not in lieu of the required personal observation.”
The TCJS reported, “Documentation reviewed revealed that face-to-face observations of inmates exceeded 30 minutes, by anywhere from two to 45 minutes on a routine basis. Additionally, it was determined the properly documented rounds were being conducted via the facility camera system at the control station.”
“We have a solid core group of Jailers who do their jobs well and professionally,” said Capps. “Unfortunately, the last 12 months our turn over for new hire jailers has been about 60 days. Job applicates hire on and realize the mass amount of paper work and responsibility and attitude from inmates is just not worth it. We have established a plan with checks and balances to remedy the issues. We will be also sending the Jail Inspector a weekly update for the next 90 days to make sure the plan is working. At the end of 90 days, we be placed back in compliance.”
According to the state website, counties found in non-compliance with Texas Minimum Jail Standards have been listed online and that the county has received the official notice of non-compliance.
It further says counties will be removed immediately upon attaining compliance.
Neighboring Cass County was also found to be non-compliant based upon a lack of evidence its inmates are provided with the state required hour of physical activity each day.
Other Texas county jails currently listed as ‘non-compliant include Coryell, Dickens, Goliad, Harris, Hidalgo, Howard, Jack, Kinney, Kleberg, Nueces, Red River, and Smith.