Texas County Progress

The Official Publication of the County Judges and Commissioners Association of Texas

Mandated Mental Health Jail Inmate Interviews and Reports

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By Jim Allison
General Counsel

For several years, the County Judges and Commissioners Association of Texas has supported legislative proposals to improve mental health programs. There have been some improvements in state funding. In 2010, Texas ranked 50th among the states in mental health funding; by 2017, we had improved to 40th. Nevertheless, county jails continue to hold more mentally ill persons than all of the state facilities combined, and the backlog of jail inmates awaiting admission to a state facility continues to increase.

Instead of providing sufficient capacity at state facilities to meet this need, the legislature has resorted to mandates upon counties to provide treatment to these citizens. Present law already requires that the county jail file notice to the local magistrate of any reasonabe cause to believe that an inmate has a mental illness. If the magistrate determines reasonable cause, an order is issued to the local mental health authority (LMHA) to conduct an assessment to the magistrate within 96 hours. The county reimburses the LMHA for transport expenses if the inmate is transported for the assessment by the LMHA.

Effective Sept. 1, 2019, House Bill 601 by Rep. Four Price will add new requirements and county expenditures to this procedure. Under this legislation, the LMHA or other mental health provider must conduct an interview with the inmate, either in person in the jail, by telephone, or through a telemedicine service. This legislation requires that the county pay the LMHA or other mental health provider for the interview and report to the magistrate.

To meet this new mandated responsibility, the Commissioners Court has three options: 1) obtain a contract with the LMHA or other mental health provider to provide this service for a negotiated fee; 2) adopt a fee schedule after a public hearing to establish the payment rate; or 3) do nothing and let the judge with jurisdiction over the offense determine the amount of reimbursement. Note that fee schedule amounts may be appealed to the judge.

If your county is presently contracting with the LMHA or other mental health provider, the county may amend its contract to include these services into that agreement. This will provide some budgetary control over the potential cost of this mandate.

     For additional information, please call me at 1-800-733-0699.

 

 

Robertson County Celebrates the Future at Groundbreaking for New Sheriff’s Office, Jail

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Robertson County officials celebrated the conclusion of nearly a decade of discussion by breaking ground on a new state-of-the-art sheriff’s office and 92-bed jail in June.

“Today has been a long time coming,” Robertson County Sheriff Gerald Yezak told a crowd of law enforcement officials, first responders, local political figures and business representatives during the groundbreaking ceremony. “We went from an 1880 jail to a 1988 jail that was already outdated when it was built with a 1970s design. What we will get this next fall is a facility I will be immensely proud of for our county.”

The $18.8 million, 44,000-square-foot facility will sit on approximately 9 acres and was designed by Brinkley Sargent Wiginton Architects in Dallas. It is slated to open in October 2020. Fort Worth-based SEDALCO Construction Services will manage construction.

Located approximately 1 mile from the existing 53-bed jail in the county seat of Franklin, the new dual-purpose facility will be noteworthy for several reasons.

Most significantly, the jail is designed to maximize inmate observation, utilizing both an elevated staff position (ESP) on the mezzanine level and a ground-level staff position via the male housing observation desk. Most jails employ a stationary staff position on the ground; the ESP is more common in BSW designs than ground-level monitoring.

Robertson County officials opted for the enhanced security strategy of both options to allow for faster response times to inmate incidents. Specifically, both the ESP and floor jailer positions provide staff views into the male housing units, the indoor exercise/multipurpose space used by male and female inmates, and the booking area.

Additionally, the master control room offers views of the jail’s primary corridor and into the processing and booking area, allowing for enhanced observation of inmates and more efficient use of staff. The facility’s design also includes expandable service spaces and future housing areas, a second multipurpose room, a non-contact visitation area and video visitation booths, three cells located in the processing area for violent individuals, and multiple holding and detox cells for both males and females.

Throughout, building materials were chosen based on their durability and ability to reduce noise levels and reverb, thus decreasing stress levels and allowing inmates and jailers to better hear each other during day-to-day operations and over the intercom systems.

The new jail’s 92-inmate capacity includes 67 beds for male inmates and 19 for females in the general population, plus four swing cells to accommodate another six inmates of either gender. A pair of two-person cells are provided to address concerns raised by the Prison Rape Elimination Act (PREA) passed by the U.S. Congress to protect the rights of incarcerated individuals to be safe from sexual assault. Two negative-pressure cells are located close to the facility’s medical area and can be used for either male or female inmates. They also are used for inmate segregation on an as-needed basis.

As the physical and mental health of inmates becomes an increasing source of concern because of the related liability and cost issues, Robertson County and many other Texas counties are complying with 2017’s Sandra Bland Act, which mandates additional efforts by Texas jails to help ensure the safety and security of inmates with mental illness. Based upon availability, inmates will be able to access medical and mental health professionals through the video visitation monitors located in the housing units.

In the new Robertson County facility, a primary corridor connects the sheriff’s office with the jail. Beyond the customary spaces for administration, dispatch, criminal investigation, evidence, patrol and support, the sheriff’s office also includes a Texas Ranger office and a 40-person training room that doubles as an emergency operations center.

A total of 74 spaces accommodate secure staff parking and visitor parking, and deliveries and entry into the staff parking lot will be controlled by barrier gates, cameras and an intercom. The site also will support a planned gas fueling station and impound yard.

The building will incorporate tilt-up wall panels and an exterior insulation finishing system for quick and economical construction.

“This is probably one of the most important projects for our county’s future,” shared Keith Petitt, who sits on the Robertson County Commissioners Court. “It has truly been a group effort by our Commissioners Court and our County Auditor Candice Anderson, who was extremely helpful behind the scenes. Through the design and development stages, we have created a facility that is 21st century – a facility that will meet the needs of our county for the next 40-plus years.”

In May, the Robertson County Commissioners voted unanimously to issue certificates of obligation to fund the new sheriff’s office and jail to supplement a sizable cash reserve the county already had on hand. As Commissioner Petitt explained to local media, had the project been delayed until a November referendum vote, the increasing costs of construction likely would have boosted the total price tag by another $1 million. That’s a risk the county couldn’t take, especially as “there are multiple jail standard violations that are taking [the current jail] out of compliance with the state,” Petitt told the media.

Indeed, it’s been no secret that the existing Robertson County Jail does not consistently meet standards set forth by the Texas Commission on Jail Standards.

The new Robertson County sheriff’s office and jail will certainly remedy that – and then some. The commencement of this project marks a historic step in the county’s evolution, one that will enhance the safety and protection of its residents for decades to come.

Election Security Assessment

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HAVA-Funded Program Allows for Comprehensive Review

By Julie Anderson
Editor

     “What you don’t know won’t hurt you” may work in some circumstances, but in other situations the consequences are not worth the risk.

A related maxim came to mind when Chambers County Clerk Heather Hawthorne looked toward a review of the county’s election infrastructure.

“The County Election Security Assessment (ESA) substantiated my initial thoughts of ‘I don’t know what I don’t know!’ ” Hawthorne shared. Her inclination was correct, and the evaluation led to needed improvements to the county’s election plan.

County ESAs are paid for with federal Help America Vote Act (HAVA) funds received by the State of Texas in 2018, explained Sam Taylor, communications director with the Office of the Texas Secretary of State (SOS).

“This program is 100 percent free of charge to each county,” Taylor emphasized.

Program History

In March 2018, the State of Texas was provided with approximately $23.3 million in federal HAVA funds to enhance election security, Taylor reported.

In July 2018, the SOS submitted a proposed spending plan to the U.S. Election Assistance Commission which included dedicating funds to provide free election security assessments to county election offices in order to determine what, if any, upgrades are needed at the local level in order to further enhance the security of the election infrastructure.

In August 2018, the SOS and the Texas Department of Information Resources (DIR) officially informed county election officials about the opportunity to receive these free assessments and provided guidelines for initiating the process, Taylor recounted. The ESA program is administered jointly by the SOS and DIR and is conducted through the DIR’s Shared Technology Services, a cooperative purchasing program through which the state has already vetted the vendor and partner – AT&T – and followed all appropriate procurement guidelines.

The program allows all 254 Texas counties to undergo an assessment to review Texas county election infrastructures including people, processes, and technology, specified Gene Moore, client manager with AT&T Global Public Sector.

     “We strongly encourage every Texas county to take advantage of these cybersecurity assessments, which come at no cost to the county and will serve as a valuable tool for county election officials as they prepare for the 2020 elections,” Taylor recommended. “While Texas elections have been and remain secure, our office wants to ensure that all Texas counties have the information and resources they need to further enhance the security of their election infrastructure.”

The SOS set aside a portion of the federal funding – approximately $13 million – for remediation expenses that counties may use for needed upgrades after they have completed their security assessments, Taylor specified.

Over a dozen counties have completed their respective assessments, Taylor said. Several dozen others are in the process of gaining contract approval from their respective Commissioners Courts. Approximately two thirds of Texas counties have either begun the process of receiving their free assessments or have expressed interest in receiving one.

Potter County completed the ESA in February; Melynn Huntley, Potter County elections administrator, credits the experience with saving an election. On April 19, a malicious virus infiltrated the county’s computer system. Early voting was set to begin the next business day, April 22.

One of the recommendations following the ESA was the development of an emergency plan, Huntley stated. Thankfully, the new plan was in place by April 19, and Huntley reassured the public that “everything we normally do during an election will function just as it normally does.”

“Our goal is to ensure that all 254 Texas counties take advantage of this free assessment before 2020 so they can implement any security enhancements in advance of the primary and general elections,” Taylor said.

 

Initiating the Process

   All counties should have already been contacted by AT&T, Taylor said. However, if a county has not been contacted or wishes to proceed with an assessment, the county can email the state at ElecAssessment@sos.texas.gov, or reach out to AT&T directly at Gene.Moore@att.com. AT&T will gather the information needed to move to the next step and will be the county’s contact during the preparation phase of the assessment.

After initiating the process, the county should designate a single point of contact to serve as the county’s liaison on all matters related to the assessment, Taylor continued. Next, the county needs to execute an interlocal contract and a managed security services contract with DIR with approval from the Commissioners Court.

After approval, the AT&T team will review the specific Solution Proposal Package with the county and schedule an in-person visit to perform the on-site portion of the assessment, Moore stated. The on-site visit generally takes between one to five days depending on the size and complexity of the county. The full assessment can take several weeks to complete.

 

Assessment Results

     The ESA evaluates the policies, processes, technology, and staff involved in the elections process at the county level, Moore summarized. The ESA helps illuminate security vulnerabilities in each area and includes insights and feedback to help counties understand where they may need to fine-tune.

“The goal of the standardized assessment is to help remove the guesswork and pinpoint any issues to show each county how to enhance current security measures,” Moore continued. AT&T uses the National Institute of Standards and Technology Cybersecurity Framework that gives “an easy-to-follow, repeatable process for counties to continue to build on.”

The assessment is comprehensive, Taylor noted, and covers election security procedures including cybersecurity and physical security of all infrastructure related to election administration. The ESA findings are confidential and are provided to the county upon completion of the assessment.

“These results provide a road map for each county on what steps need to be taken to further enhance security, such as strengthening passwords and adding extra layers of cybersecurity safeguards,” Taylor specified. “Many of the enhancements that counties are encouraged to make as a result of the assessments are free or low-cost, such as implementing or updating policies and procedures, improving password security, or cybersecurity training for election officials and their staff.”

The county receives a scorecard that outlines high-level security concerns, recommendations, and a detailed report to support the findings, Moore elaborated. AT&T also schedules a wrap-up call with the county to review all findings, answer any questions, and discuss recommendations to provide for a robust understanding of any issues identified, Moore continued.

Many of the suggestions made following Potter County’s ESA were implemented with zero cost, Huntley shared. For example, the development of a cybersecurity policy and emergency plan, training employees, and updating passwords did not cost the county any money. However, Potter County will eventually make some changes to infrastructure to improve cybersecurity, “but it is not anything we can’t afford,” Huntley specified.

The ESA partners “stand ready to assist the counties with the contractual process for receiving the free assessment,” Taylor offered. “We look forward to working with each Texas county to provide training and resources to keep our elections systems secure and provide Texas voters with confidence that their votes will be counted exactly as they are cast.”

County Road Upkeep: Ask the Experts

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During the North & East Texas Annual Conference in May, a panel of seasoned County Commissioners discussed Best Practices on Road Maintenance. County Progress asked two of the panelists to elaborate on their recommendations.

 

Johnson County Commissioner Rick Bailey

The key to a successful road – longevity – is in the prep work. High traffic roads generally are the priority roads. Shutting them down impacts local residents as well as emergency vehicles, school buses, etc.

A courtesy letter sent out with a guesstimated timeline for rebuild or repairs is a good practice; however, emergency situations may not allow notifications. It is always good to notify the sheriff’s office and other emergency responders.

The most important outcome is to have a “crown” in the road to shed water, as on some of our county roads, the slope may create the only drainage due to narrow rights of way. Remember, drainage is crucial.

Most, I would guess, use limestone road base for repairs or complete construction. On a lengthy project, reclaiming a road is the best solution.

I cannot emphasize enough the importance of layers and water for compaction. Once you pull off the location, the traffic can help the compaction while waiting on the ground temperatures to rise to produce a successful chip seal with emulsions and/or hot oils.

If your budget allows, there are polymer products available that are moisture barriers. These polymer products also help with dust control. We have vendors at conferences who sell these products, and they are there to help us.

A good recommendation once the project is completed is to take pictures for documentation and proof when heavy truck traffic begins to damage the roads.

As mentioned, longevity of a road starts with the prep work. A smooth surface and then a successful application of hot oil immediately rolled in pea gravel or chat rock provides years of service.

We as Commissioners have a great network in each other to pull from. Someone is dealing with your same issue in a neighboring county. Don’t hesitate to call upon them.

Cherokee County Commissioner Kelly Traylor

Your constituents think you have done your job if the driving surface is smooth. You can put a smooth surface on the road, but if the proper prep work hasn’t been addressed, then the longevity of the road is short term.

Our best county road maintenance practices start with trees. We are in the Piney Woods of East Texas. Dead or damaged trees are removed out of the right of way. They are also trimmed as high as possible to allow the sunlight to reach the road surface. Trees grows over the roads and create a canopy. The canopy will allow the roads to hold moisture.

Next, we address the drainage. The proper drainage will prevent erosion and base failures. Inspection of culverts and replacing them with the correct size to carry the normal water flow is a key step.

Road base is the next step we address. We are blessed with native iron ore in East Texas. We use this for base since it is native and abundant. This cuts down on our cost. We will use limestone on occasions.

When laying the base, we put our crown in it for the road to be able to shed water. The compaction of the base should be put in by layers. Once you get to the final layer, then the traffic can help with the compaction.

Now we are ready for the part that we as Commissioners are judged by, the surface. Some surfaces will stay with the material used as the base. You can use asphalt or chip seal for the final surface. We use oil sand on many of our roads; it is just that, oil mixed with sand. We add some aggregate with it. This surface can be milled up and relayed, which may cut down on the cost.

All of these practices have their own challenges. The major challenge comes in to play when you have to deal with traffic while performing these tasks. Most of the county roads are narrow, and some are dead-end roads. You have to allow residents to come and go, along with school buses, emergency vehicles and daily commerce (trash trucks).

The last challenges are your county budget, prioritizing projects, and Mother Nature.

There are many resources out there to help including the Texas Local Technical Assistance Program, your local TxDOT engineer, and your senior Commissioners in your county.

Highlights From Potter County

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West Texas Association Conference

By Julie Anderson

Editor 

Sometimes a question is more like a lesson. The keynote speaker at the recent West Texas Association Conference presented two such questions:

  1. Who is the most ethical person you know?
  2. Now, how many people would name you?

Judge Michael Keasler, Texas Court of Criminal Appeals, elaborated on the qualities of ethical leadership during the opening day address at the West Texas County Judges and Commissioners Association 90th Annual Conference. Some 280 County Judges and Commissioners convened in Potter County April 23-26 to pursue their continuing education and discuss the latest topics affecting grassroots government.

Taking answers from the audience, Keasler went on to discuss the values of leadership including integrity, loyalty, and commitment to excellence.

Throughout the conference other important questions were asked, some paving the way for thought-provoking sessions regarding the future of local government. For example, during a class related to the county budget and revenue caps, Tarrant County Judge Glen Whitley posed an important question:

  • Where should state and local government be focused?

Using a combination of videos, statistics, and research results, Whitley shared a powerful presentation based on the following premise: “Since Texas became a republic and then a state, its leaders realized that because of the size and diversity, a strong state and local partnership was needed. This partnership relied upon local elected officials to make decisions on how to best implement state laws and respond to their individual communities’ wants and needs.”

This partnership and understanding have contributed to the success of the Lone Star State, which is becoming home to more and more residents and businesses each year. In fact, in 2018 CNBC ranked Texas as the #1 state for businesses, Whitley shared.

During recent years, the partnership has been tested with proposals and rhetoric that have strained the relationship. With this comes the concern that Texas may lose its footing.

How can state and local government help keep Texas #1, or “keep the Texas miracle alive?” Whitley asked local elected officials. The keys include:

  • an educated workforce;
  • adequate infrastructure; and
  • continued local decision-making.

A high-performing public education system is critical to an educated workforce, which is key to keeping Texas at the top of the business world, Whitley emphasized. While Texas is impressive businesswise, it compares poorly to other states when it comes to spending for public education. In addition, data demonstrates that the State of Texas relies heavily on the property tax to fund public education.

“Over time, insufficient education will drag down overall performance,” Whitley noted. Texas has no choice but to increase the state’s commitment to public education.

Another key to maintaining a strong and growing Texas is improved transportation infrastructure.

“We MUST catch up as well as maintain our existing roads and bridges,” Whitley declared. The State of Texas can help by addressing the shrinking gas tax, rethinking public-private partnerships, and investing more in infrastructure to fulfill the demand that comes with Texas’ population and business growth.

In addition, the state partners could assist by supporting the efforts of cities and counties to help, Whitley shared. Cities and counties build and maintain four times as many road miles as the state.

“Placing revenue caps on local governments can severely limit our ability to stay up with our expected growth or even to maintain those roads we already have,” he observed. This means a call to renew the Texas tradition of local officials making local decisions.

“We need to maintain the ability of local elected officials to partner with the state to implement the laws they pass as well as provide the quality-of-life services that our citizens demand,” Whitley emphasized.

When it comes to obstacles, the first and most obvious is funding.

The second, Whitley offered, is exposing misinformation regarding Texas’ tax burden.

“We also have to point out rhetoric versus reality,” he elaborated, and avoid focusing only on property taxes and inferring skyrocketing increases. Data indicates that Texas ranks 29th per person in state and local tax collections when compared to other states and 37th in state and local revenue as a percentage of personal income.

“So, we are in the bottom half in both categories,” Whitley concluded. “I wouldn’t say from an overall position that we are extremely taxed.”

In summary, Whitley encouraged Judges and Commissioners to in turn encourage the Legislature to:

  1. Be an equal partner in total funding for public education.
  2. Provide adequate funding to address lagging infrastructure.
  3. Support locally elected officials by allowing them to do their jobs.

Please box somewhere in Conference Report:

The 91st Annual West Texas County Judges and Commissioners Association Conference will take place April 21-24, 2020, in San Angelo at the McNease Convention Center.

 

 

 

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