HOUSTON – Eleven days after Governor Greg Abbott issued an executive order barring the release of violent inmates from local jails, Harris County officials are still trying to hash out the best way to release non-violent inmates.
Sheriff Ed Gonzalez has said he wants to reduce the jail’s population to prevent an outbreak of COVID-19.
At present, there are 7,534 inmates in the jail. The sheriff’s office reported five inmates have tested positive for COVID-19, with another 70 inmates in isolation awaiting their test results. Gonzalez also said 38 staff members, 29 of whom work in the jail, have tested positive for the virus with another 77 employees waiting on their results.
“I’m hoping cooler heads prevail,” said KPRC 2 Legal Analyst Brian Wice. “Nothing is as political or subject to being politicized as the release of potentially dangerous inmates.”
Last week, Harris County Judge Lina Hidalgo issued an order to release inmates awaiting trial on non-violent charges and who have no prior convictions for violent crimes, repeat DWIs or burglary of a habitation. That order was quickly blocked by state district court Judge Herb Ritchie, who argued Hidalgo does not have the authority to order the release of inmates facing felony charges. Ritchie said the law requires the judges presiding over individual felony cases are the ones to set bail and also have to agree on inmate’s release.
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“It is impossible for a State District Felony Judge to release an inmate that all parties agree should be released if the Judge is never told about the agreement nor consulted on the matter at all," the judge’s wrote in response to questions from a federal court judge regarding this process.
According to Harris County Sheriff’s Office records, more than 90% of the inmates currently in jail awaiting trial are facing felony charges.
After Hidalgo’s order came out, documents filed in federal court state the Harris County Sheriff’s Office generated a list of more than 1,300 names of inmates to potentially be released. However, several county stakeholders all had to agree on an inmate’s release. The district attorney’s office is one of those entities and is tasked with conducting background checks to ensure an inmate has no violent history. Objections by the DAs to an inmate’s release can be countered by the public defender’s office.
Officials with the DA’s office wrote the process of vetting and resolving objections was initially bogged down.
“The Sheriff’s lists have included many individuals who are facially ineligible for release under the terms of Judge Hidalgo’s order, Governor Abbott’s order, and Judge Ritchie’s order. Much time has been spent culling individuals who should never have been on the lists in the first place,” officials with the DA’s office wrote in response to the federal court judge’s questions.
The state district court judges and the DA’s office also wrote they can conduct informal bail hearings quickly and were working to do so in an effort to speed up the process of release. Hidalgo also indicated she would issue another order to expedite the release of inmates who everyone agreed should be released.
However, Gonzalez contends bail hearings for these inmates and the resolution of disputes is not moving fast enough.
“It seems safe to say communication among the stakeholders and with the felony judges has been spotty at best,” Gonzalez wrote to the federal court judge. "Several days have passed with little progress to show for it. This Court has always been the last available resort.”
Gonzalez has asked federal court Justice Lee Rosenthal to make a ruling on this issue since no resolution has been achieved on the local level and since he lacks the authority to release anyone from the jail. Judge Rosenthal has indicated she does not yet believe the process has reached a point where an order from a federal court is needed. Judge Rosenthal continues to push county officials to work through differences faster and speed up the release of non-violent inmates.
Family members of inmates have also now begun writing letters and emails to Judge Rosenthal, asking for her to intercede on behalf of loved ones.
“COVID-19 poses a significant risk to her life given her age and medical condition,” one woman wrote to Judge Rosenthal on behalf of her daughter.
