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SETTING STANDARDS FOR JAILS - PROBLEMS AND REALITIES (FROM INCARCERATION - BENEFITS AND DRAWBACKS, 1977, BY P ECK AND G ENGLISH - SEE NCJ-56694)

NCJ Number
56702
Author(s)
J GREENWOOD; C NEWMAN
Date Published
1977
Length
12 pages
Annotation
EFFORTS OF THE TEXAS LEGISLATURE TO IMPROVE THE FACILITIES AND CONDITIONS OF COUNTY JAILS ARE TRACED, AND ACTIVITIES OF THE CURRENT COMMISSION ON JAIL STANDARDS ARE DESCRIBED.
Abstract
IN 1957, THE TEXAS LEGISLATURE PASSED A LAW (ARTICLE 5115) WHICH SET BROAD MINIMUM STANDARDS FOR COUNTY JAILS AND GAVE THE STATE HEALTH DEPARTMENT AUTHORITY TO INSPECT THE JAILS AND REPORT NONCOMPLIANCE TO COMMISSIONERS COURTS; HOWEVER, A 'RIDER' WAS ATTACHED TO THE COMPANION APPROPRIATIONS BILL WHICH PROHIBITED THE HEALTH DEPARTMENT FROM USING ANY OF ITS FUNDS FOR JAIL INSPECTIONS, THUS EFFECTIVELY ELIMINATING THE MEANS OF ENFORCEMENT. IT WAS NOT UNTIL THE EARLY 1970'S THAT A FEDERAL DISTRICT JUDGE IN DALLAS HANDED DOWN A COMPREHENSIVE ORDER INVOLVING THE DALLAS COUNTY JAIL WHICH FOUND THAT IT FAILED TO CONFORM TO STATE STANDARDS. THE HEALTH DEPARTMENT SUBSEQUENTLY RECEIVED THE FUNDING TO INSPECT JAILS ACCORDING TO MINIMUM STATE STANDARDS. UNDER THE LEADERSHIP OF THE STATE BAR ASSOCIATION OF TEXAS A BILL WAS ENACTED WHICH ESTABLISHED A JAIL COMMISSION WITH THE AUTHORITY TO PROMULGATE STANDARDS BEYOND THE MINIMUM STANDARDS SET IN ARTICLE 5115 AND ENFORCE THEM. THE BILL PASSED IN 1975, AND THE COMMISSION, COMPOSED OF NINE MEMBERS INCLUDING TWO SHERIFFS, A COUNTY JUDGE, A MEDICAL DOCTOR, TWO ATTORNEYS, A RETIRED EXECUTIVE, A BUILDER (JAIL CONSTRUCTION), AND AN ATTORNEY AS CHAIRMAN, BEGAN HOLDING PUBLIC HEARINGS TO RECEIVE INPUT FOR THE FORMULATION OF JAIL STANDARDS. THE STANDARDS DEVISED WERE VERY SPECIFIC IN THE AREA OF PRISONER TREATMENT IN ORDER TO INSURE THE SAFETY OF INMATES AND CUSTODIAL PERSONNEL, THE HEALTH AND SANITATION OF THE FACILITY, AND THE PRESERVATION OF THE DIGNITY OF THE PEOPLE CONFINED AND WORKING IN THE JAIL. THE COMMISSION REGULARLY INSPECTS THE JAILS AND PROVIDES CONSULTATIVE SERVICES. THE COMMISSION HAS THE POWER TO CLOSE A JAIL AND TRANSFER ITS PRISONERS TO A COUNTY FACILITY WHICH DOES COMPLY WITH STATE STANDARDS. (RCB)

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