By Adrian Garcia, Christopher C. Kirk and Guadalupe Valdez
Houston Chronicle
Johnny Hanson, Staff
May 30, 2014
Sgt. Roosevelt Berry looks on as two 16 and under juveniles who have been charged as adults for crimes ranging from Class B misdemeanors to capitol murder spend their time at the Harris County Jail on 1200 Baker St. Friday, May 11, 2012, in Houston. A new law states "certified" juveniles, if housed in county jail, can't be housed within "sight or sound" of adult prisoners. "It is impossible for us to abide by these rules," Harris County Sheriff spokesperson Christina Garza said. Due to the way the facility is set up, juvenile inmates will at some point, though kept separate, come with in sight or sound of an adult inmate while on their way to court, recreation time or to see a visitor. ( Johnny Hanson / Houston Chronicle )
Texas is one of only 10 states that automatically places children under the age of 18 in the adult criminal justice system. Overwhelming evidence suggests that sending 17-year-olds to adult jails - rather than keeping them in the juvenile justice system - needlessly destroys lives and threatens public safety by turning nonviolent teenagers into hardened criminals.
As sheriffs, we would prefer to see these teenagers moved to facilities with rehabilitative services better suited for their age. Accordingly, we strongly support efforts to raise the age of juvenile criminal jurisdiction for all youth from 17 to 18.
In addition to providing rehabilitative and safety services to 17-year-olds, raising the age of juvenile jurisdiction would provide long-term cost savings to counties struggling to comply with the federal Prison Rape Elimination Act.
Congress unanimously passed the prison rape-elimination legislation in response to concerns about dangerous conditions in prisons. The initiative restricts the placement of anyone under the age of 18 in adult jails and prisons, bans the housing of children in the adult general population, prohibits contact between children and adults in common areas, requires children to be constantly supervised by staff and limits the use of isolation.
We understand that there has been some confusion about whether the law governs county facilities such as our jails. Prison Rape Elimination Act standards do apply to locally operated facilities, such as county jails, and state-operated facilities. Additionally, all state and local agencies have an obligation under federal and state constitutions to provide for the safety and wellness of the individuals in their custody.
These requirements have greatly affected the operations of our county jails, forcing us to expend extraordinary effort and cost to comply. For example, in Dallas County, we spend approximately $79,850 per week to separate 17-year-olds from adults. Even then, we have had difficulty fully complying with the prison rape-elimination law. Dallas County recently had a 17-year-old female come into our facility needing to be on dialysis. Because she had to be in the medical section of the jail, and because federal law requires us to separate 17-year-olds from adults, she was placed in isolation. Our current facilities did not enable us to meet her housing requirements any other way.
The state's largest jail system, the Harris County jail system, is likewise taxed by the requirement to segregate youthful offenders by sight and sound. Like Dallas County, we would be forced to segregate a youthful inmate housed in a medical unit from the adult population in order to accommodate their treatment. Similar logistical challenges exist when housing youthful inmates with unique vulnerabilities.
As sheriffs, we are committed to complying with the regulations set forth by the Prison Rape Elimination Act. We support any regulations designed to keep inmates in custody safe.
The spirit of this law serves inmates who require special protections in our detention facilities. The collective hope of Texas sheriffs and jailers is to one day be able to provide those protections without overburdening our staff and facilities.
We want to institute practices within our facilities to promote public safety and comply with federal law. Thus, we are determined to find solutions to comply fully with the federal law despite the costs. We hope that the Legislature will take measures, such as raising the age of juvenile jurisdiction from 17 to 18, to help alleviate financial burdens and better serve youths in custody.
Garcia is sheriff of Harris County. Kirk is sheriff of Brazos County and Valdez is sheriff of Dallas County.