Before the state intervenes, officials target a particular group as a solution.
By Josephine Peterson
As the Dallas County prison nears capacity, authorities have prioritized those detained on felony charges that have not been submitted, accounting for about 15% of the jail population.
As of December 22, the county stated that 872 of the 5,887 overall inmate population had no felonies recorded.
County officials say they want to avoid state involvement and the enormous expenses of a congested prison, and they plan to debate possible criminal justice relief measures next month. This year, the county prison has reached 88% of its maximum capacity. District Attorney John Creuzot said the state typically intervenes before a jail hits total capacity.
“I’ve seen situations where the population has exploded to that point in the past, and it’s never good,” Creuzot said. “That becomes unsustainable at some point.”
According to Commissioner John Wiley Price, a 2019 policy change regarding when prisoners are freed if no charges are made is adding to the increasing detention population. Previously, prisoners would be freed after 30 days if criminal charges were not brought.
Currently, after being arrested and taken to prison, a person appears before a judge to discuss the reasons for their arrest and the establishing of bond. If the defendant cannot afford bond, he or she will be detained until the case is settled through discharge, plea, or trial. The indictment is a preliminary stage in case resolution in which a grand jury decides whether there is reasonable cause that the claimed crime happened.
Wait periods in the county
Prosecutors have 90 days under state law to prepare a case for arrest. Those who have been imprisoned for more than 90 days without a grand jury hearing must be freed on reduced bail or a personal recognizance bond. To ensure Dallas County achieves state standards, Creuzot said his office adopted a policy that law enforcement agencies provide a case to prosecutors within 30 days. Then, in the final 60 days, his staff can piece together whether there is an argument and appoint a grand jury as required.
Creuzot stated that if the defendant’s counsel is unaware, a person may have to wait more than 90 days for a conviction.
According to county statistics, inmates wait an average of 27 days before felony charges are brought. One prisoner charges the county an average of $66 per day, or $1,782 over the course of 27 days.
According to Price and county employees, the county does not keep track of how many individuals were booked into prison, stayed in jail, and had their case dismissed at the grand jury. He claims that entire lives can be turned upside down while someone sits in prison for 27 days. “That’s why it’s just an imperative to do something right away,” Price said. However, based on his office’s results, the overall number of inmates without felonies reported is more complex than it appears. Some of the 872 prisoners who have not been charged with a felony have other open cases, parole holds, or other unresolved issues, he said.
“They’re unlikely to receive a security. If they have two or three other pending cases and one case that hasn’t been filed — well, they didn’t make bail on those other two cases — that’s not really what’s keeping them in prison, according to Creuzot. According to the DA’s research, roughly one-third of all prisoners without charges have only one case.
Dallas County had a criminal “dry writ” for decades. If authorities did not take a case within a certain time period, the prisoner was immediately freed after being detained for up to 30 days based on the criminal charge. This practice was discontinued in the autumn of 2019 when justices contended in the Daves vs. Dallas County bail case that they were not policymakers. In 2018, reform organizations sued the county over its bond schedule, which included a list of crimes and suggested security amounts.
If it gets too close to full, the Texas Commission on Jail Standards may intervene.
“When you have that many people in the jail, you lose control over a lot of things, like sanitation, behavior, and so on,” Creuzot explained. “Of course, the cost to taxpayers is massive.”
If the prison becomes overcrowded, the county may be forced to spend millions of dollars contracting with other jails to house its convicts. Price stated that he wishes to prevent this outcome as much as feasible. Tarrant County commissioners authorized a $18 million contract in August to transfer its prisoners to Garza County, outside of Lubbock. According to the Tarrant County Jail, it can securely hold up to 3,700 inmates, but occupancy hit 4,500.
Tarrant County reports 210 prisoners in Garza County as of December 22. According to Tarrant County Criminal Courts Administrator Greg Shugart, the pretrial population is presently smaller than it was on the same day in 2019, prior to the pandemic.
Potential options
Dallas County commissioners, district judges, and others involved in county criminal justice are scheduled to meet in mid-January to consider possible changes to the criminal justice system. Dallas County has been at odds nearly all year over the increasing active and remaining criminal case backlog, swelling prison population, and claims that judges were not working hard enough.
According to The News’ research, courts have resolved more cases this year than in previous years.
The judges sent the commissioners a seven-point letter of suggestions, the majority of which the commissioners appear to endorse.
The memo suggests that lawyers be present at the initial magistration. Price expressed optimism that criminal justice officials can collaborate to engage the district attorney’s office in the case when an inmate is booked into detention. Price, who is known for being frugal on the dais, stated that he would be ready to pay extra to have the DA’s office at magistration.
“They’ll decide whether or not they have a case then,” Price explained. “And that person does not occupy a bed, and we do not occupy resources.” Before supporting such a move, the district attorney stated that he would need more evidence. He wonders if there are enough attorneys to keep the prison open all day. Creuzot also stated that investigators frequently do not have all of the necessary evidence for the case at the time of arrest, and that speaking with witnesses and arranging digital evidence for prosecution takes time.
Creuzot would like to see more preventative steps, such as intervention and substitute alternatives to incarceration, to decrease the jail population. He praised Harris County’s substance and mental health diversion initiatives. The Divert Court Program in Dallas County is only for first-time violators.