Texas Commission of Jail Standards approves Remedial Order to Close Down Maverick County Jail
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2016
The Texas Commission of Jail Standards (TCJS) held a regular meeting on February 4, 2016 in which one of the agenda items was the non-compliance of the Maverick County Jail, also known as the Tom Bowles Detention Center, in Eagle Pass, Texas with a previously issued Order in April 2015 citing certain jail deficiencies which remain outstanding, causing the Commission’s Board of Commissioners to unanimously approve a “Remedial Order” to close down the Maverick County Jail. Present at the TCJS Board meeting of February 4, 2016 were Maverick County Sheriff Tom Schmerber and Maverick County Deputy Sheriff Alarico Carrizales.
According to the minutes of the February 4, 2016 TCJS Board meeting, the Maverick County Jail was found to be in non-compliance with state jail minimum standards on April 1-2, 2015 with the official Notice of Non-Compliance issued on April 2, 2015 citing 10 deficiencies. Maverick County was given 60 days to comply or correct the 10 deficiencies.
Maverick County officials responded on December 8, 2015 stating that all 10 deficiencies had been fixed or corrected and requested a re-inspection. On December 29, 2015, TCJD Inspector Philip Bosquez conducted an unannounced inspection of the Maverick County Jail to determine its compliance. After completing his inspection, Inspector Bosquez found that there were still four deficiencies which the Maverick County Jail did not meet minimum jail standards. A Letter of Non-Compliance was issued to Maverick County on January 4, 2016 concerning the four pending deficiencies found at the December 29, 2015 inspection by Bosquez, including 1) failed to ensure that inmate occupied areas smoke detectors are listed and labeled, 2) lacked sufficient means to move inmates from an area of smoke in an orderly manner, 3) failed to ensure that all automatic and manual fire safety devices are inspected by authorized personnel, and 4) lacked a written plan approved by the TCJS on maintaining cleanliness in the detention center.
On January 6, 2016, TCJS Executive Director Brandon Wood issued a Letter of Concern to Maverick County officials noting that it was over eight (8) months of non-compliance with important life safety deficiencies unresolved to meet minimum jail standards. TCJS did not receive a response from Maverick County as of the February 4, 2016 TCJS Board meeting.
Consequently, TCJS Commissioner Midland County Sheriff Gary Painter proceeded to make a motion to issue a remedial order to close the Maverick County Jail, which was seconded by Commissioner Larry S. May. The motion to issue a remedial order to close the Maverick County Jail was unanimously approved by the Board.
According to the Texas Administrative Code title 37, part 9, chapter 297 , rule 297.8, a remedial order by the TCJS provides the following: If the commission determines that the responsible officials receiving a notice of noncompliance or an administrative order fail to initiate corrective measures within the time prescribed, the commission may, by remedial order, delivered by certified mail, return receipt requested or by personal service to the responsible officials, declare that the facility in question or any portion thereof be closed, that further confinement of inmates or classifications of inmates in the noncomplying facility or any portion thereof be prohibited, that all or any number of the inmates then confined be transferred to and maintained in another designated facility, or any combination of such remedies.
If the commission determines that the responsible officials receiving a notice of noncompliance or an administrative order fail to initiate corrective measures within the time prescribed, the commission may, by remedial order, delivered by certified mail, return receipt requested or by personal service to the responsible officials, declare that the facility in question or any portion thereof be closed, that further confinement of inmates or classifications of inmates in the noncomplying facility or any portion thereof be prohibited, that all or any number of the inmates then confined be transferred to and maintained in another designated facility, or any combination of such remedies.
(b) The remedial order of the commission shall be in writing and shall specifically identify each minimum standard with which the facility has failed to comply. Such remedial order shall become final and effective 15 days after its receipt by the responsible officials, provided, however, that if a review of commission action (禮297.10 of this title (relating to Review of Commission Action)) or request for administrative hearing (禮297.11 of this title (relating to Request for Administrative Hearing)) on such remedial order is requested, the enforcement of such remedial order shall be stayed until such time as the commission has rendered its decision following its hearing.
(c) If a remedial order is issued, the commission shall furnish the sheriff/operator with a list of qualified facilities to which the inmates may be transferred. The sheriff/operator of the facility shall immediately transfer the number of inmates necessary to bring the facility into compliance to a facility that agrees to accept the inmates. The agreement shall be in writing and shall be signed by the sheriff/operator transferring the inmates and the sheriff/operator receiving the inmates. A facility transferring inmates under this subsection shall immediately remove the inmates from the receiving facility if the sheriff/operator of the receiving facility requests their removal in writing. The owner responsible for the noncomplying facility shall bear the liability for and the cost of transportation and maintenance of inmates transferred to or from a noncomplying facility by order of the commission. The costs of transportation and maintenance shall be determined by agreement between the participating jurisdictions and shall be paid into the treasury of the entity providing transportation and/or maintenance.
(d) When a remedial order is issued to terminate a contract for housing inmates not sentenced in a Texas court, the responsible officials shall initiate action to terminate the contract and transfer the effected inmates. A copy of the remedial order shall be provided the sending state.
(e) Upon the issuance of a Certificate of Compliance, the remedial order shall be reviewed at the next regularly scheduled meeting of the Commission.
Maverick County Sheriff Tom Schmerber and County Judge David Saucedo requested TCJS to allow Maverick County time to correct the pending four (4) deficiencies and give them a rehearing. TCJS has scheduled a new hearing in May 2016 to determine if Maverick County has complied with correcting the four (4) deficiencies and be taken off the remedial order to close down Maverick County Jail. In the event that if TCJS finds Maverick County has not complied with correcting these four (4) deficiencies, then they may issue the final order to close down Maverick County Jail for non-compliance.
If the Maverick County Jail should be closed by TCJS, Maverick County taxpayers would suffer severe financial problems in that they would have to transfer all inmates to other county jails at a significant cost to taxpayers, be prohibited from holding other counties’ inmates per pay, lose County Jailer jobs, and affect the county budget and financial affairs.
