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Friday, September 26, 1997

Commission weighs statewide use of force, restraint guidelines

By JUAN B. ELIZONDO Jr. / Associated Press Writer

AUSTIN (AP) -- The Texas Jail Standards Commission started a months-long rule-making process Thursday that would require counties to draft formal policies on the use of force against jail inmates.

But four of the commission's nine members expressed doubts that such a requirement would have prevented alleged abuses videotaped more than a year ago at a county jail in Brazoria County.

That jail is run by Capital Correctional Resources, Inc., a Jackson, Mississippi-based private prison company.

"Another written policy is not going to prevent something like this," said Carmella Jones, a jail standards commission member and the Armstrong County sheriff.

"More knowledge and training and mandatory training on the use of force would do more to prevent it than a file cabinet full of policies," she said.

Meanwhile, commission executive director Jack Crump said another video tape of possible jailhouse abuses had been referred to the Department of Public Safety and law enforcement officers in Limestone County.

Crump said that roughly 20-minute video was recorded last year at a jail also run by CCRI. It shows guards using gas and batons against inmates. It also shows inmates being kicked while on the ground and being dragged by their hair, Crump said.

Bob Prince, a CCRI spokesman, said Limestone County and Oklahoma officials already have reviewed that tape and found no wrongdoing. He would not discuss the contents of the tape. Oklahoma inmates were housed at the Limestone County jail, Prince said.

Limestone County Attorney Don Cantrell was traveling and could not be reached for comment, his office said.

The video tape from Brazoria County showed inmates crawling on their bellies while being bitten by dogs and jolted by electronic stun guns.

Local, state and federal law enforcement agencies are investigating the incident.

Jail Standards Commissioner Patrick Keel, of Austin, cautioned fellow commissioners not to respond to the alleged abuses with a knee-jerk reaction.

"I think it would be a shame to be rushed into doing something just to say we've done something," Keel said.

Commissioner and Collin County Sheriff Terry Box said most Texas sheriffs already have policies on the use of force and restraint. He said another layer of government and paperwork would not be helpful.

Even so, the commission voted unanimously to publicize the proposal to require use of force and restraint policies, which would be subject to commission approval.

Under state law, the commission must wait 30 days before considering whether to approve the requirement in order to allow time for people to review and comment on the proposal.

The commission meets next on Dec. 4 and could not formally put the requirement into place before January. The proposed rule does not contain a deadline for sheriffs to complete those policies.

Among other things, the rule would require use of force and restraint policies to include:

-- The conditions under which force could be used.

-- A "realistic evaluation of the need for such force, restraints, weapons, chemical agents or canines"

-- Training requirements for guards and other law enforcement officers

-- Guidelines to prevent the use of excessive force and restraint

-- Processes under which any use of force or restraint would be be documented and reviewed.

In related matters, commission members discussed the possibility of requiring other states sending inmates to Texas to also send monitors to keep tabs on the inmates and their conditions. Commission staffers were asked to determine whether that could be done.

Crump said that while there remain thousands of out-of-state inmates in Texas, the number is falling. That's because other states are finding more of their own jail space or have reacted to national attention given to the Brazoria County videotape, he said.

Crump said that with state prisons quickly filling, Texas counties soon may need more of their available jail space for Texas inmates.

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(The full text of the Jail Standards' proposal will be published in the Texas Register. It also can be obtained from the commission at (512) 463-5505.)