Texas county jails face scrutiny over delayed releases tied to pen-packet processing
A Texas Tribune report says delayed pen-packet processing has led to over-detentions in Texas county jails, including a $1.5 million Smith County settlement and multiple Dallas County payouts.
A Texas Tribune report says delays in processing “pen packets” have kept some people in Texas county jails past their release dates, leading to lawsuits, settlements and calls for reform.
The report says no state agency tracks the full scope of post-conviction over-detention, and no state law directly prevents or punishes it. County jails and the Texas Department of Criminal Justice handle the paperwork that moves people from county custody to state processing, and delays in that system can leave people detained after a judge has said they have no time left to serve.
One case involved Jessica Jackson, who was arrested in early December in Dallas County on misdemeanor drug possession and parole-violation allegations, according to the report. A judge ruled on Dec. 19 that she had no time left to serve, but Dallas County did not release her until Feb. 6, 49 days later.
The report says Jackson’s public defender, family and a friend repeatedly contacted jail staff while she remained in custody. Jackson said the delay caused her to miss a job interview and lose state-provided housing after missing a filing deadline. Dallas County did not respond to multiple requests for comment on her case, the report says.
The Tribune report says documentation in Jackson’s case showed Dallas County did not email her pen packet to TDCJ until Jan. 29 and did not mark it for expediting until Feb. 2, more than a month after sentencing. State law sets deadlines for TDCJ to process pen packets after they are received, but does not require counties to send them on time, the report says.
Attorneys told the Tribune that delays in these packets are often behind over-detention cases. The report says TDCJ receives roughly 1,250 pen packets each week from counties, while the Texas Commission on Jail Standards and TDCJ do not formally track over-detention cases.
The report also points to financial fallout. In February, 102 inmates settled a $1.5 million lawsuit against Smith County over pen-packet delays, which the report describes as the largest Texas settlement for over-detention victims. Dallas County commissioners approved three related settlements in the past two years, including two for $60,000 and one for $100,000, according to the report.
Nick Hudson of ACLU Texas said taxpayers end up paying twice, once for the extra jail time and again for the lawsuits. Krish Gundu of the Texas Jail Project said such settlements do not include admissions of wrongdoing. Defense attorney Rebecca Yung said at least three counties have delayed releasing her clients on time because of packet delays.
TDCJ said it has 45 business days after packets are received to process them and aims to return expedited packets in 10 business days. Timothy Fitzpatrick of TDCJ said the agency encourages counties, but does not require them, to mark packets for people who have overstayed their sentences as expedited.
The agency is planning a pilot pen-packet portal with Dallas County as the first testing ground and hopes to begin using it by the end of March, the report says. Michele Deitch of the Prison and Jail Innovation Lab at the University of Texas at Austin said the Texas Commission on Jail Standards should require jails to release inmates once they complete their sentences. Ricky Armstrong, the commission’s interim executive director, said the agency could take on such a requirement if the Legislature or a member of the public proposed it.
State Sen. Pete Flores said the issue is being “looked into and addressed,” according to the report. House Corrections chair Sam Harless was unavailable to comment.
Jackson is now working with an attorney to file a lawsuit seeking compensation for mental anguish from the 49 extra days in jail, the report says.
Sources
Editorial note: This article was prepared with AI assistance and includes source attribution for reader review.
Comments ()