Overcrowded Texas Jails Send Pretrial Detainees to Other Counties and States
Two Saturdays a month, Sorcha Costigan embarks on a 100-mile drive from Sabine County to DeQuincy, Louisiana, to visit her husband Jess Hampton, who is being held at Louisiana Workforce, a private prison. Despite being charged with child abuse in East Texas, Hampton adamantly maintains his innocence. However, due to his inability to afford the $250,000 bond, he remains incarcerated far from home. The distance between him and his lawyers has made it challenging to connect with legal representation, especially after his attorney failed to present evidence or respond to communication during a hearing. Costigan has been tirelessly advocating for her husband during his nearly eleven months in custody.
Across Texas, counties are grappling with the issue of overcrowded jails, leading them to spend millions transporting inmates, many of whom have not yet stood trial and are presumed innocent. Some detainees are sent to neighboring counties, while others are bused across state lines. The number of Texas inmates housed outside their county of arrest has surged from 2,078 in June 2019 to 4,358 in June 2024. Additionally, the percentage of counties outsourcing inmates has increased from 31% in June 2010 to 41% in June 2024, according to data from the Texas Commission on Jail Standards.
Assistant Director of the Texas Commission on Jail Standards, Ricky Armstrong, acknowledges that counties are resorting to unconventional measures due to the lack of viable solutions. Various factors exacerbate the situation, including the lag in jail cell construction to accommodate the state’s population growth, backlog from the COVID-19 pandemic, restrictive bail laws that increase jail populations, and mental health system strain forcing jails to provide psychiatric care they are ill-equipped for. Moreover, the shortage of jailers poses a significant challenge, as fewer staff members require jails to reduce inmate capacity, even when there are available cells.
While violent crime rates in Texas have fluctuated, the state’s reliance on incarceration to maintain law and order remains steadfast. Governor Greg Abbott’s administration emphasizes a tough stance on crime, with a press secretary affirming the state’s commitment to keeping dangerous criminals off the streets through stringent bail policies. However, civil rights advocates and defense lawyers advocate for increased investment in mental health support and alternatives to incarceration, calling for a reevaluation of bail policies that disproportionately impact low-income defendants.
Harris County Jail, one of the largest in Texas, faces challenges due to a persistent staffing shortage, leading to inmates being housed in facilities as far as Mississippi and Louisiana. The county incurs approximately $50 million annually to outsource inmates, primarily due to the insufficient number of guards to monitor the inmate population. A minimum staffing requirement of one jailer per 48 inmates further compounds the compliance issues faced by the jail.
Similar staffing challenges are observed in Ector County, which increased jailer salaries to attract and retain staff but still struggles with a shortfall of 52 jailers. The county continues to send inmates to other jurisdictions for housing, incurring additional costs ranging from $55 to $80 per inmate per day. Despite state grants aimed at supporting rural sheriffs’ departments and prosecutors, county officials argue that the funding falls short of addressing the substantial financial burden of outsourcing inmates.
Trinity County Sheriff Woody Wallace laments the financial strain on his department, which expends nearly 10% of its budget on outsourcing inmates to accommodate the overflow population. With inadequate facilities and limited resources, the county faces challenges in transporting inmates to distant locations, incurring substantial costs and logistical hurdles in the process. The reliance on other jurisdictions for housing adds to the financial burden on taxpayers and creates uncertainties in inmate placement.
Advocates for criminal defendants stress the need to arrest fewer individuals for minor offenses like possession of small amounts of marijuana to alleviate jail overcrowding. Conversely, law enforcement officials argue that detaining individuals for low-level crimes serves as a deterrent against escalating criminal behavior. State lawmakers, predominantly Republicans, have enacted policies like Senate Bill 6 to keep accused individuals in jail longer, particularly those charged with violent crimes. The legislation mandates cash bonds or bail payments for pretrial release, leading to concerns about disproportionately impacting indigent defendants awaiting trial.
As jails increasingly serve as de facto mental health providers in Texas, inadequate community mental health care exacerbates the criminalization of individuals with mental health issues. Law enforcement often responds to mental health crises, resulting in arrests instead of appropriate medical treatment. The backlog for state mental health beds and staffing shortages in mental health facilities further compound the challenges faced by individuals with mental health needs in the criminal justice system.
For Sorcha Costigan and Jess Hampton, the ordeal of navigating the criminal justice system while separated by distance and bureaucratic hurdles continues. Hampton’s incarceration in Louisiana and Costigan’s relentless advocacy underscore the personal toll of jail overcrowding and the complexities of pretrial detention. As Texas grapples with the implications of its incarceration policies, the need for comprehensive reforms that address root causes, such as mental health support and equitable bail practices, remains paramount.
In conclusion, the strain on Texas jails due to overcrowding highlights the multifaceted challenges faced by counties, inmates, and their families. Addressing the underlying issues contributing to jail populations, such as mental health care access, bail reform, and adequate staffing, is essential to mitigating the financial and human costs of jail overcrowding. As stakeholders advocate for systemic changes, the impact of current incarceration policies on individuals like Jess Hampton and Sorcha Costigan underscores the urgency of reforming the criminal justice system to ensure fairness, efficiency, and compassion for all involved.
