H i=' f~~ i~ iJ V Fa L_. C1 F ;~ U ~t tr1 J: t ~ E= I~~ C. l :i lu i. R F~; i~ _i. i~~.[ i i-I 1-~i;L_I_. ~:!:1lJi~l.i.:~ i=-C1 F; i-it:J~_J~~:[t~ ~::, Ci~~ E~'`rdl:SGNER~: l a ~ ? L i, i :> t t-~ ~ ~? .:,.~.: r:J ~~i ;.~ y r~ ,_ ._f ._t 1 ~.. 1 ~ ~ ~ ~ :.:~ ~_t h-, ,:; r-~ m ~: ~~ i ~:1 r~ m ;~ c:f a t; ~,~ ~., L~ !n rn ]. ~~• ~ 3. O rj P r ' tXi o r~ C' c+. rl ., `: P C' Q i "~ C:i E' CJ toy l a rn m i =_:. __.. ~. u r~ F~ r ~ 3-~i ~ a. ~~~ i~( ct f!I F:? 9 t t": G i;o~_~r"F unanimously approved by a vote of 4-0-0 •~ia <_t~~~~r~ovc ~!;!-~~~_ c~'t ~' c~i f` tl P i`~ ~_. l_t fJ lil :L '~:: ~~ t'. ii t `~ (:~ ~_' Q Y-' 1'` E? C' ~: E' cJ (.' c_, n i. r• <~ ~_ ~'i; 4a i i.. tl ~a r`_' J..j. (". O ~_t rl t: 'J for t.h-~c~ hou~ir~~a ofi F;ri~>c,r~~~r^s. STATE OF TEXAS § COUNTY OF BELL ~ INTERLOCAL COOPERATION AGREEMENT FOR COUNTY ~7AIL FUNCTIONS THIS AGREEMENT is made and entered into this day of 19 , by and between Kerr County, a political subdivision of the great State of Texas, hereinafter referred to as the "County", and Bell County, also a political subdivision of the great State of Texas, hereinafter referred to as "Bell." WHEREAS, the County is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens of County; and, WHEREAS, Bell is a duly organized Dolitical subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens of Bell County; and, WHEREAS, the County and Bell desire to improve the efficiency and effectiveness of local governments by authorizing the intergovernmental contracting authority at the local level for all or part of the functions and services of police protection and detention services; and, WHEREAS, the County and Bell mutually desire to be subject to the provisions of TEX. REV. CIV. STAT. ART. 4413 (32c), (Vernon Supp. 1985), the Interlocal Cooperation Act. NOW, THEREFORE, County and Bell, for the mutual consideration hereinafter stated, agree and understand as follows: I. The effective date of this agreement shall be the day that this agreement is approved by the Commissioners Court of Bell County. II. The initial term of this Agreement shall be from the effective date hereof to and through September 30, 1991. Thereafter, this agreement shall automatically be renewed for consecutive periods of six (6> months each unless written notice of intent to terminate is given by either party to the other not less than thirty (30) days before any termination date. III. For the purposes and consideration herein stated and contemplated, Bell shall provide the following necessary and appropriate services for the Court to the maximum extent authorized by this agreement, without regard to race, religion, color, age, sex, and national origin; to-wit: A. Provide County and its Sheriff's Department with access to and use of the Bell County Jail facilities for the holding and incarceration of County prisoners including, but not limited to, adequate personnel necessary to supervise 20 prisoners, clothing, food, medical attention, and other appropriate necessities with respect to that number of prisoners. Bell agrees to provide County with access to and use of these facilities services so long as such facilities shall be available consideration of the requirements of the Texas Standards Commission, subject to the termination ri<_ above provided for. B. In the event that the Bell 3ai1 Facility shall be maximum capacity as a result of Bell County or of inmates, Bell reserves the right to require the remc or transfer of County's prisoners within eight he after notice to County, in order to provide facilii for Bell prisoners, and Bell agrees to notify Count soon as possible when a County prisoner must be remc from Bell facilities because of capacity limits. C. In no event shall Bell be required to accept Couni prisoners under the terms and conditions of i agreement if such transfer of prisoners will cause Jail facilities to be in violation of the standards the Texas Jail Standards Commission. Bell, in its discretion, shall determine whether a County prise shall be accepted for incarceration by Bell. Notl contained herein shall be construed to compel Bell accept any prisoner if it would place Bell in viala~ of any law or regulation or court order. D. Nothing contained herein shall be construed to coy Bell County Sheriff Dan Smith, acting in his capacit~ keeper of the jail, to accept any prisoner for reason. IV. The County shall designate a suitable officer or officer to act on behalf of the County Sheriff, to sere "Liaison Officer" for County with and between, County and The Sheriff of County, ar his designated substitute, shall the performance of all duties and obligation of County stated; and shall devote sufficient time and attention execution of said duties on behalf of County in full corn with the terms and conditions of this agreement; and provide immediate and direct supervision of alI of the County Sheriff's Department's employees, agents, contractors, sub- contractors, and/or laborers, if any; in the furtherance of the purposes, terms and conditions of this Agreement of the mutual benefit of County and Bell. V. Bell designates Sheriff Dan Smith to act on behalf of the Bell County Sheriff's Department, and to serve as "Liaison Officer" for Bell with and between, Bell and County and its Sheriff's Department to insure the performance of all duties and obligations of Bell County herein stated; and shall devote sufficient time and attention to the execution of said duties on behalf of Bell in full compliance with the terms and conditions of this agreement; and, shall provide immediate and direct supervision of the Bell County Sheriff's Department employees, agents, contractors, sub-contractors, and/or laborers, if any; in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of Bell and County. VI. Bell shall be solely in change of all control, *_echniq~ies, sequences, procedures, and means, and the coordination of all work performed under the terms and conditions of this agreement in regard to the holding and incarceration of all properly delivered prisoners, shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of Bell stated in this agreement, and give all attention necessary for such groper supervision and direction. VII. The County agrees to and accepts full responsibility for the acts, negligence, and,/or omissions of all the County's employees, and agents, the County's sub-contractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said County. Bell shall in no case be responsible or incur any liability or expense for the acts, negligence, and/or admissions of the County's employees, and agents, the County's sub-contractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said County. VIII. Bell agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all Bell's employees, and agents, Bell's sub-contractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said Bell. County shall in no case be responsible or incur any liability or expense for the acts, negligence, and/or admissions of Bell's employees, and agents, Bell's sub-contractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said Bell. IX. The County agrees to and accepts the duty and responsibility for and overseeing all safety orders, precautions, programs, and equipment necessary to the reasonable safety of the County's employees, and agents, the County's sub-contractors, and/or contract laborers, and all other persons doing work under a contract or agreement with said County. County further agrees to bring with each prisoner delivered to the Bell County Jail all packets, jail cards, classification data and other information in the possession of County regarding each prisoner, and has the duty to advise Bell of any known dangerous propensities of each prisoner delivered to Bell. X. Bell agrees to and accepts the duty and responsibility for and overseeing all safety orders, precautions, programs, and equipment necessary to the reasonable safety of Bells employees, and agents, Bell's sub-contractors, and/or contract laborers, and all other persons doing work under a contract or agreement with said Bell. XI. Bell understands and agrees that Bell County, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of County. XII. The County understands and agrees that the County, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of Bell County. XIII. The County is a political subdivision of the State of Texas. The address of County is: Kerr County Commissioners Court 700 Main Street Kerrville, Texas 78028 Attn: Honorable W.G.. Stacy XIV. Bell County is a political subdivision of the State of Texas. The address of Bell County is: Bell County Commissioners Court Central and Main Street Belton, Texas 76513 Attn: Honorable John Garth County ,judge XV. For the services hereinabove stated, the County agrees to Aay to Bell, for the full performance of this agreement, the sum of Forty-one Dollars ($41.00) per day for each arisoner confined in Bell facilities. A day shall constitute any time during a twenty-four (24) hour period. The County further agrees to reimburse Bell for damages which are directly caused to Bell facilities or employees by the direct action of a County prisoner. The County agrees to fully reimburse Bell for all medical expenses and all directly related transportation costs incurred by Bell and medically necessary to the health, safety and welfare of County's prisoners. XVI. The County agrees to pay to and reimburse Bell, in Bell County, Texas, on a monthly basis, and upon the submission of a documented invoice by Bell to County, for the cost of the items and expenses specified in and in accordance with paragraph XV of this agreement during the term of this agreement. XVII. This agreement may be terminated at any time, by either party giving thirty (30) days advance written notice to the other party. In the event of such termination by either party, Bell County shall be compensated for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should Bell be overcompensated for all services performed to termination date, and/or be overcompensated for reimbursable expenses as authorized by this agreement, then the County shall be reimbursed for alI such overcompensation. Acceptance of said reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XVIII. This agreement represents the entire and integrated agreement between the County and Sell and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both the County an3 Bell. XIX. The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be performable and all compensation payable in Bell County, Texas. XX. In the event that any portion of this agreement shall be found to be contrary to law it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XXI. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. Executed in multiple originals on the 19 day of A copy of the order of each Commissioner's Court approving this agreement are attached hereto. AGREED TO KERR COUNTY, TEXAS: ~~ ~~~ County Judge Date: 1~~~ County Sheriff Date : _ ~fozl~/y/ APPROVED AS TO FORM: Coun Atto ey Date ? ~~/~9l AGREED TO BELL COUNTY, TEXAS: County Judge Date: County Sheriff Date: APPROVED AS TO FORM: County Attorney Date 700 MAIN STREET KERRVILLE, TEXAS 78028 FRANCES KAISER SHERIFF KERR COUNTY COURTHOUSE July 23, 1991 The Honorable Commissioners Court of Kerr County RS: Jail Overcrowding Gentlemen; 512-257242 512-896-1133 The Kerr County Jail was inspected on 7/17/91, by Supervising Inspector Maurice Wood. The jail failed to comply with minimum standards in two areas: 1) Overcrowded conditions, (Section 217.07.01, Paragraph .052) and, 2) Insufficient number of personnel on each shift, (Section 217.14.00, Paragraph .004). These problems are not new, but the problems for Kerr County become more serious with every passing day. Overcrowded conditions in the jail gives birth to a multitude of other problems within the jail; fights, riots, classification, contagious diseases, and injury to both inmates and staff. Bvery phase of the jail operation is affected as well. Our laundry and kitchen facilities are inadequate at best. The cost of food, clothing, bedding and general maintenance is elevating. In an attempt to combat these problems, maintain the stability of jail operation and minimize the threat of valid law suits, I have attempted to house our excess population in jails in neighboring counties. As I have mentioned previously, our costs in handling the overcrowding is high but not so high as it is to house our inmates out of county. Counties that have been contacted, to date, and their responses are as follows: Kendall County - now housing 8 prisoners at 530.00 per day; cannot accept any more. Dell County - will accept up to 20 at a cost of 541.00 per day, (who will be TDC sentenced). They will transport the prisoners at an additional cost. Atascosa County - will accept up to 15, females only. Edwards County - cannot accept at this time. Hayes County - cannot accept at this time. Sutton County - has room for 1 prisoner only! Gillespie County - cannot accept at this time. Medina County - cannot accept at this time. Transporting our inmates to other counties solves only the bed space problem. Besides the daily costs per inmate there are other costs; transporting, costs of a vehicle, two deputies and gas, plus the same cost each time we have to bring them back for a court appearance. Another important problem has to be considered in transporting; we have to take the transporting officers away from their regularly assigned duties. This may be necessary but is it fair to the taxpayer who may need that officers' aid or protection here in Kerr County? I have alsa made every conceivable change in cell arrangement in order to accommodate as many prisoners as is possible within the structural limitations of the jail. I have also had to order more clothing for prisoners, as well as 10 more mattresses. The second area, insufficient number of personnel on each shift. We have had to "make do" and work around this constant problem. We all know what jail standards say. One officer for every forty-eight inmates or increment thereof. We need three officers on each shift at all times, which would bring us into compliance, which is impossible. Why? because we are not addressing the problems of providing coverage for vacation, sick leave, or comp. time which each employee is entitled to. Even at that, we could only be in compliance as to actual inmate supervision, which does not provide for coverage for the programs we are, by law, to provide. When the definition of a "Non-profit" organization was determined, a jail was described, money going out and nothing coming in. It's like death and taxes, and it's not going to go away. We have a major problem that we can't solve with a band-aid approach. It's Kerr County's problem and we have to solve it if we want effective law enforcement. Respectfully, f~~~ ~~ ~ Frances A. Kaiser, Sheriff Kerr County Sheriff's Department attachments TEXAS COMMISSION ON JAIL STANDARDS w. ~,der,rr,, a., oallas Ivy T.'Tei<' Corky, Houston SIK+iNloe ti Corley. Conroe KERR COUNTY Kerrville, Texas ?8028 COAN45SION MEAIRERS Rolado V. del Camren, Huntsville Itd~e Roy E. EnR1isA, ion Wonh Charles R. Hurs4 M.D-Tyler Sheriff idr~ 1. tleve.dtaRer, Houston 1• David Nebon. Lubbock Roy L Orr, De Soto ExECUTIVE aRECTOR -ack E. Crump SUBJECT: COUNTY JAIL INSPECTION REPORT State Law requires periodic inspections of county jail facilities (VTCA, Local Government Code, Chapter 351, VTCA, Government Code, Chapter 511; Rule 217.25, Texas Commission on Jail Standards). This facility was inspected on the date indicated below, and the inspection indicates the following conditions: The facility fails to comply with minimum standards as set forth on the enclosed attachment. You are urged: (1) to give these areas of noncompliance your serious and immediate consideration; and (2) to promptly initiate and complete appropriate corrective measures. The Commission and its staff is available to discuss or assist you with the appropriate corrective measures required. Upon review of this report by the Texas Commission on Jail Standards, a Notice of Noncompliance to the Sheriff and the Commissioners Court will be issued. Failure to initiate and complete corrective measures following receipt of the Notice of Noncompliance may result in the issuance of a Remedial Order (Rule 217.25, et seq.). The jail complies with requirements in VTCA, Local Government Code, Chapter 351 and Texas Minimum Jail Standards. Sincerely, Ja rump E e tive Director Authenticated: r Superv'sing Inspector Maurice ood Date of inspection cc: Judge Sherif f Inspector P.O. Box 12985, Austin, Texas 78711 (512) 463-5505, FAX (512) 463-3185 •~_~ 7^ ~~ County of V P ~/~ Type of Facility r ~ ~ Page ~_ COUNTY JAIL I~~SPECTION REPORT - AREAS OF ~~ONCOMPLIANCE (Attachment to Inspection Report) Jail Standards Not Com lied With: Item Section Para ra h C.OMME~dTS r• ~~ ( ~ ~ L ti l v Od v ~ c ~ ~ c O S I Change 7 5/1/90 supervisory personnel. Inmates shall be supervised by an adequate number of corrections officers to comply with state law and these standards. One corrections officer shall be provided on each floor of the facility where 10 or more inmate's are housed, with no less than one corrections officer per 48 inmates or increment thereof for direct inmate supervision. This officer shall provide visual inmate supervision not less than hourly. Sufficient corrections officers as accepted by -the Commission shall be provided to perform functions required by minimum .' jail standards such as booking, classification, discipline and grievance, education and rehabilitation,-inmate movement, library, privileges {i.e., visitation,'•correspondence, telephone, commissary, and religious services) and recreation and exercise. A waiver may be granted by the commission as to minimal supervisory personnel-to-inmate ratios ~> required elsewhere in these rules. :A plan, concurred in by both commissioners court and sheriffs department may be submitted to the - commission which provides for adequate and reasonable staffing of a jail facility. This rule shalt not preclude the Texas Commission on Jail -• ~ Standards from requiring staffing in excess of minimum requirement when deemed necessary to provide a safe, suitable and sanitary jail ". nor preclude submission of variance requests as provided by statute . ~ - or these rules. - - " ~ ~- .~ .~ ... • Adopted 12/26!83 - 135a - ' Change 2 6/1/80 Change 4 2/1/84 ' Change 6 3/1!88 ' ~ Change 7 5/1/90 SUPERVISION OF INMATES 217.14 These rules are adopted under the authority of Article 5115 1, Texas Civil Statutes. ~ - , ... . ~ . ,r. ~_ -, .001. Regu{ar Observation by Corrections Officers. Every detention facility .housing inmates shall have a corrections officer at the facility twenty- . _ four (24) hours each day. Detention facilities shall have an established . procedure for visual, face-to-face, observation of all inmates by - corrections officers at least once every hour. Observation shall be performed on a more frequent basis in high-risk areas and in areas where inmates who are known to be assaultive, potentially suicidal, ,• mentally iH, or who have demonstrated bizarre behavior are confined. There shall be a voice communications capability between inmates and custodial personnel at al! times. In counties where a corrections officer lives in the facility, mandatory hourly observations is not required at _ night provided that the facility shall have a continuously operating means of communication with such corrections officer (by electrical intercommunication system, buzzer, alarm, or similar device) available at alt times to each inmate for the purpose 'of notifying such corrections officer of emergencies, illnesses, personal attack, etc., and provided further that such corrections officer must be close enough to the inmate housing area to respond immediately to such notification. Closed circuit television (CC7VJ may be used, but not in lieu of the hourly persona! observation. .002. Corrections officer training and certification. Personnel employed or appointed as jailers or guards of county jails shall meet the requirements of the Texas Commission on Law Enforcement Officer Standards and Education under the provisions of Title 37, Texas Administrative Code, Section 211.78. Personnel assigned to facilities that are operated under provisions of a contract between a private firm and the commissioners court of a county shall comply with this requirement Under the provisions of Texas Civil Statutes, Article 4413(29aa), Sections 7A, 7B and 8A. .003. Corrections officer pay. Pay for corrections officers should be equivalent to that of other appointed deputies of similar grade, status and/or tenure whose daily duties require frequent, close and risky contact with violators of the law. Adopted 4/23!80 Adopted 12/26/83 Adopted 10/20/86 _ _ Adopted 10/26!89 ~- 135 - -' Change 4 2!f/84 (2i Doors shall be arranged to be locked and unlocked by control means located outside of the inmate living area and safety vestibule. (3) Effective September 1, 1983, where doors have an inter- locking security feature, provisions shall be made fora over- ride capability in the event an emergency requires both doors to be opened simultaneously. 049. Remote Controls. Sliding doors, if used for safety vestibules, dormitories, and day rooms, shall be so arranged as to be locked, unlocked, opened tq full open position, and closed by control means located remote from the safety vestibule or inmate living area and day room (See 217,24). .050. Emergency operation of doors. For emergency operation of all doors to single cells, multiple-occupancy cells and dormitories, and to permit quick and orderly release of inmates in the event of interruption of primary and emergency power sources, fire, smoke, or other emergency, reliable means shall be provided remote from the in- mate living area for unlocking all cel{ doors. The reliable means should also provide for completely opening sliding cell doors (See 217.241. .051. Dimensions. All inmate accommodations to include single cells, separation cells, multiple-occupancy cells, dormitories and day rooms shall be not less than 8'-0" from finished floor to ceiling. The minimum width dimension shall be not less than 5'-6" from wall to waif. Safety or inspection corridors shall be not less than 4'-0" wide. .052. Furnishings for inmate Housing Areas: (a) Bunks. Afire-resistive bunk not Less than 2'-3" wide and 6'-3" long shall be provided for each inmate confined for more than 72 hours. Bunks shall be securely anchored and should have clothes hooks and shelves located nearby. (b) Water closets and lavatories. Water closets and lavatories shall be constructed in such manner and of such material so as to resist vandalism. A combination toilet and lavatory constructed of vandal-resistant material is recommended. {c) Showers. Shower areas shall be not less than 2'-6" square per showerhead and not less than 7'-0"high. Construction should be of materials which resist the action of soap and water and which cannot be easily damaged by acts of vandalism. Drying areas of not less than 2'-6" square sloped to a drain should be provided adjoining the shower entrance. Adopted 7/23/82 Adopted 1/31184 -26- Change 4 2! 1l84 of furnishings. They shall have a bunk, water closet, lavatory capable of providing drinking water for the inmate, table and seating. Lighting shall be provided to permit reading, shaving and normal activities within the cell. Single cells should comprise at least 50% of the total inmate capacity of the facility, but in no event shall comprise less than 30°~ of the total capacity of the facility. .045. Multiple-0ccupancy Celts. Multiple-occupancy cells shall be constructed to accommodate 2 to 8 inmates and shall contain not less than 40 square feet of clear floor space for one inmate, plus 18 square feet of clear floor space per each additional inmate. Each multiple-occupancy cell shall have a bunk for each inmate and a water closet and lavatory (capable of providirig drinking water) for each group of eight inmates. .046. Dormitories. Dormitories shall be designed to accommodate 9 to 24 inmates and shall contain not less than 40 square feet of clear floor space for one inmate, plus 18 square feet of clear floor space per each additional inmate. Dormitories shall have a bunk for each inmate and a water closet and lavatory (capable of providing drinking water) for each group of 8 inmates or increment thereof to be confined therein. Not more than 40°~ of the inmate capacity of the jail shall be designed for dormitories. .047. Day Rooms. All inmate living areas except special purpose cells shall be provided with day rooms. Day rooms should be designed to accommodate not more than 8 inmates; but shall not be designed to accommodate more than 24 inmates. It shall contain 40 square feet of clear floor space for one inmate plus 18 square feet of clear floor space for each additional inmate. Day rooms shall have a water closet and lavatory capable of providing drinking water available at all times for each group of 8 inmates, or increment thereof to be confined therein. A shower shall be available at all times for each group of 12 inmates, or increment thereof, to be confined therein. Each day room shall otherwise be suitably furnished with, but not limited to the following: seating and tables to accommodate the number of inmates to be confined therein, and may provide for visiting facilities, dining facilities and other activities. A utility sink should be provided. Sufficient . lighting shall be provided for reading, recreation, shaving and .• other similar activities. Day rooms, may be contiguous with in- mate living areas. Convenient electrical receptacles shall be provided. .048. Safety Vestibules. Safety vestibules shah be provided for each in- mate living area and day room used for confinement of three or more inmates within the security perimeter. (1) Safety vestibules shall have one or more interior doors and a main entrance door. Adopted 631/84 - 25 - pD~y A.0.19 PAT :A OY ~~.: (JS P•IIi arty . K unty, Texu By - Depub