Professional Documents
Culture Documents
1. Sandra Bland Act Policy Paper - explains the criminal justice policies passed
through the Sandra Bland Act (Page 2)
5. 5/5/19 Grits for Breakfast article - Regarding traffic stop data collection
(Page 30)
The Sandra Bland Act is a major criminal justice reform bill which passed the Texas
Legislature during the 85th Regular Session. The Sandra Bland Act as originally
introduced presented the gold standard of what can be done in criminal justice reform.
Though some parts of the original bill did not pass, the Sandra Bland Act is still a major
improvement to Texas' criminal justice system.
Below is an explanation of several of the key criminal justice reform policies that are in
the bill as passed. Specifically de-escalation training, inmate safety, new traffic stop data,
and outside investigation of jail deaths.
The staggered effective dates for these policies are important because it gives the needed
time for the thousands of law enforcement agencies in Texas to properly implement these
polices.
These policies will improve Texas' criminal justice system and help prevent people from
ending up in a situation that Ms. Bland ended up in.
De-escalation Training: The Sandra Bland Act will help prevent traffic stops from
becoming violent by ensuring that all law enforcement officers receive de-escalation
training for all situations, not just for encounters with people suffering from mental
illness. As of April 1, 2018 all new cadets will receive a mandatory 40 hour training
program on de-escalation and crisis intervention training. Additionally, all current
officers now have de-escalation training as part of their required continuing education
every two years.
This de-escalation training teaches officers how to tactically use communication, time,
and space to calm a situation down instead of taking a command approach to try to end
the situation as quickly as possible.
De-escalating the situation is vital for Texas' criminal justice system because it will
prevent officer and civilian injuries and deaths. It will also prevent traffic stops from
escalating to a point in which a person needs to be brought to jail for the traffic offense or
for committing another crime due to the escalated situation.
Jailer Mental Health Training: The Sandra Bland Act moreover adds new training for
jailers in how to interact with people with a mental illness. It requires all jailers to receive
The Sandra Bland Act: Criminal Justice Reform page 2
a minimum of 8 hours of mental health training by August 31, 2021. Before this Act passed
there was no required mental health training for jailers in statute.
Having a well-trained jailer staff checking cells is important because it allows jailers to
identify problems early. A properly trained jailer will be able to identify inmates who may
be a danger to themselves or others.
Inmate Safety
The Sandra Bland Act makes several improvements to inmate safety in Texas county jails.
The Act improves inmate safety by putting in measures to ensure cell checks are timely
done, continuity of medication for inmates, gathering new jail data, and providing
funding for tele-health equipment.
The Sandra Bland Act ensures that cell checks are properly done by providing funding for
automated electronic sensors or cameras. Automated electronic sensors and cameras
create a clear log of when a cell check is made. It is the expectation that all county jails in
Texas will have electronic means of verifying that cell checks were properly done by
September 1, 2020.
The Sandra Bland Act gives prisoners the ability to access a mental health professional at
the jail through a telemental health service 24 hours a day, or if a health professional is
unavailable through telemental health or the jail, provide for a prisoner to be transported
to access a health professional. Telemental health technology can be used for tele-
medicine which gives a physician the ability to examine a patient and prescribe proper
medication or course of treatment. The technology can also be used for tele-health by a
nurse or physician assistant to treat inmates within their scope of practice. The equipment
can also be used by mental health professionals to perform a variety of mental health
services. The grant funding to allow for automated electronic sensors and cameras can
also be used to fund telemental health equipment.
Other uses of this equipment include using it for tele-magistrate which allows inmates to
more expediently see a judge after they are booked into jail. Consequently, it will allow
judges to more quickly respond to changing circumstances or new information.
The Sandra Bland Act creates a serious incident report that every county jail in Texas will
fill out every month which began January 1, 2018. The serious incident report requires
each jail to report to the Texas Commission on Jail Standards (TCJS) the number of
suicides, attempted suicides, deaths, serious bodily injury, assaults, escapes, sexual
assaults, and uses of force resulting in serious bodily injury every month. The TCJS will
The Sandra Bland Act: Criminal Justice Reform page 3
be able to use this data to better identify jails that may have problems instead of relying
on their once every two-year inspection. The data included in the serious incident report
will also be made available to the public.
The Sandra Bland Act requires passage of a jail administrator examination for the person
assigned to the jail administrator position overseeing the county jail. This examination
consist of 75 questions and requires a 100% score to pass.
The Act helps create a more humane and safe jail system which is important to criminal
justice reform.
The Sandra Bland Act adds requirements for collection of information relating to a traffic
stop in which a ticket, or warning is issued. Prior to the Act, only stops which resulted in
citations would have information collected. As part of the Act, law enforcement agencies
will now have to report whether the peace office used physical force that resulted in bodily
injury, the location of the stop, and the reason for the stop. This information gathering
began September 1, 2018. The new data being reported in accordance with the Sandra
Bland Act will supplement the data already being collected of the driver's race, whether a
search was conducted, and if the officer knew the driver's race before pulling them over.
The new and old data will work together to give policymakers and the public a better
understanding of the disparities that are happening in Texas' criminal justice system.
The Sandra Bland Act will make it easier to make a complaint or compliment about an
officer by including information how to do so on every ticket or warning. This began on
January 1, 2018. By making this information easily accessible, it should increase the
amount of feedback law enforcement agencies get about their officers.
The Sandra Bland Act removes the exemptions for some agencies not to report both the
old and new data, and increases the penalties for law enforcement agencies that do not
report their data. The Act also requires all law enforcement agencies in Texas to review
both their old and new data to see if improvements can be made. This self-review will
hopefully lead to individual agencies correcting bad behavior before legislative or
punitive action is needed.
The Act requires the law enforcement agency to exam the feasibility of equipping each
peace officer who regularly detains or stops moto vehicles with a body worn camera.
With all this additional data law enforcement departments and the public can better
understand what is really happening. Moreover, the new data provided by the Sandra
The Sandra Bland Act: Criminal Justice Reform page 4
Bland Act, policymakers can better identify problems and why they are happening,
allowing for further and better criminal justice reform.
The Sandra Bland Act requires all jail deaths on or after January 1, 2018 to be investigated
by an outside agency instead of the agency in charge of the jail. In Texas, county jails are
run by the county sheriff's department. Allowing the county sheriff's department to
investigate a jail death creates a cloud of doubt around investigation due to perceived bias
of the investigating agency. The Sandra Bland Act creates a system that when a death in
custody occurs, an outside agency will be promptly notified. Thus, the outside agency will
be able to conduct a proper, unbiased investigation quickly.
Similar to many deaths in jail, Sandra Bland's death raised a number of questions. Being
able to ensure to the public that the death was investigated by an outside party without
bias will increase public confidence in Texas' criminal justice system.
The Sandra Bland Act also creates a duty for peace officers to make a good faith effort to
divert individuals suffering from substance abuse or mental health into treatment for
non-violent offenses, starting on September 1, 2017. To make this viable the Sandra Bland
Act also removes the statutory restriction that prevented funding for Health Community
Collabratives from only being located in Texas’ 5 largest cities (Houston, Dallas, Ft.
Worth, San Antonio, and Austin). The Sandra Bland Act also creates Regional Rural
Healthy Community Collabratives which allows multiple rural counties under 100,000
population to join together to get matching funding from the state to create a Regional
Rural Healthy Community Collabrative, beginning on September 1, 2017. In addition to
the Sandra Bland Act Representative Coleman also joint authored/sponsored HB 13
(Price) and SB 292 (Huffman) which also create programs similar to Healthy Community
Collabratives that help divert people out of the criminal justice system and into treatment.
In total these 3 efforts will provide $92.5 million in matching grants over FY2018-2019.
The Sandra Bland also requires the Sheriff or his staff to notify the magistrate within 12
hours down from 72 hours of receiving information that would create a reasonable belief
that the inmate has an intellectual disability, this start on September 1, 2017.
Interim Report
to the 85 th Texas Legislature
House Committee on
County Affairs
January 2017
ISSUE: 3 TEXAS DEPARTMENT OF PUBLIC SAFETY AND CRIMINAL
JUSTICE REFORM
Committee Hearings
July 30, 2015, State Capitol, Room E2.026, Austin, Texas
September 15, 2015, State Capitol, Room E2.016, Austin, Texas
November 18, 2015, State Capitol, Room E2.016, Austin, Texas
September 20, 2016, State Capitol, Room E2.016, Austin, Texas
November 16, 2016, State Capitol, Room E2.016, Austin, Texas
Witnesses
July 30, 2015, State Capitol, Room E2.026, Austin, Texas
x Dominique Alexander (Next Generation Action Network)
x Janet Baker (Self)
x Yannis Banks (Texas NAACP)
x Cynthia Cole (Self; AFSCME 1550)
x Michele Deitch (Self)
x Durrel Douglas (Self; Houston Justice Coalition)
x Barbara Frandsen (League of Women Voters of Texas)
x Greg Hansch (National Alliance on Mental Illness (NAMI) Texas)
x Vincent Harding (Self)
x Merily Keller (Self; Mental Health America of Texas & Texas Suicide Prevention
Council)
x Katharine Ligon (Center for Public Policy Priorities)
x Sherman Livingston (Self)
x Brandon Mack (Self)
x Steven McCraw (Texas Department of Public Safety)
x Kathy Mitchell (Self)
x Lelani Russell (Next Generation Action Network)
x Teri Saunders (Self)
x Matt Simpson (ACLU of Texas)
x Douglas Smith (Texas Criminal Justice Coalition)
x Kathy Swilley (Self; Cops Holdin Cops Accountable)
x Fran Watson (Self)
x Michael Webb (Self)
x Doris Williams (Self)
x Dennis D. Wilson (Sheriff’s Association of Texas)
x Brandon Wood (Texas Commission on Jail Standards)
September 15, 2015, State Capitol, Room E2.016, Austin, Texas
x Lee Johnson (Texas Council of Community Centers)
x Christopher Kirk (Sheriff’s Association of Texas)
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x Lauren Lacefield Lewis (Department of State Health Services)
x Kelly Rowe (Sheriff’s Association of Texas)
x Brandon Wood (Texas Commission on Jail Standards)
November 18, 2015, State Capitol, Room E2.016, Austin, Texas
x Fidel Acevedo (Self; Lulac District XII)
x Frank Baumgartner (The University of North Carolina at Chapel Hill)
x Steven McCraw (Texas Department of Public Safety)
x Elia Mendoza (League of United Latin American Citizens)
x David Gibson (Self)
x Lauren Lacefield Lewis (Department of State Health Services)
x Michael Laughlin (Dallas County Criminal Justice)
x Donald Lee (Texas Conference of Urban Counties)
x Brandon Wood (Texas Commission on Jail Standards)
September 20, 2016, State Capitol, Room E2.016
x Phillip Adkins (DPS)
x Frank Baumgartner (Self)
x Rhonda Fleming (Texas Department of Public Safety)
x Gilbert Gonzales (Bexar County)
x Luis Gonzalez (Texas DPS)
x Mike Lozito (Bexar County Judicial Services)
x Fatima Mann (Self; Austin justice coalition)
x Dwight Mathis (Texas Department of Public Safety)
x Steve McCraw (DPS)
x Kathy Mitchell (Texas Criminal Justice Coalition)
x Tom Rhodes (Self)
x Philip Steen (Texas Department of Public Safety)
x Sandra Thompson (Self)
x Trisha Trigilio (ACLU of Texas)
November 16, 2016, State Capitol, Room E2.016, Austin, Texas
x Craig Pardue (Self)
x Michele Deitch (Self)
x Tony Fabelo (Council of State Governments, Justice Center)
x Amanda Gnaedinger (Texas Criminal Justice Coalition)
x Gregory Hansch (National Alliance on Mental Illness (NAMI) Texas)
x Steve McCraw (Texas Department of Public Safety)
x Ranjana Natarajan (Self)
x Alex Stamm (UT School of Law Civil Rights Clinic)
x Craig Washington A. (Self)
x Ashton Woods (Black Lives Matter Houston)
BACKGROUND
In July of 2015, Trooper Brian Encinia pulled over Sandra Bland for failure to signal when
changing lanes. The encounter escalated unnecessarily, leading to Ms. Bland’s arrest and being
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taken to the Waller County Jail. Ms. Bland remained in the jail for three days where she later
committed suicide in her jail cell. Her story made national headlines and sparked the Texas
House Committee on County Affairs to launch an investigation into the systemic practices that
led to Ms. Bland’s tragic death.
It became clear that police agencies, the criminal justice system, and county jails need significant
reforms in order to better the treatment of the public and better the outcomes for individuals who
enter the criminal justice system. This system is so intertwined that one fix, in one agency, will
not provide the overall reforms needed. Change is necessary within all aspects of this system to
stop the systematic profiling of certain races and reduce the unnecessary escalation of encounters
with law enforcement due to a lack of respect among all parties.
The Committee’s investigation was conducted over a year and a half. The Committee heard
testimony from multiple entities and experts in criminal justice, and identified specific reforms
needed for improvement to the following:
x Texas Department of Public Safety
x Increasing minimum county jail standards
x Mental health treatment and diversion
x Police/Community relations
x Complete removal of consent searches
x Increased training in de-escalation techniques
FINDINGS
Texas Department of Public Safety
Sandra Bland’s death raised many question regarding DPS’ practices and policies regarding
traffic stops, consent searches, command voice and command stance, and de-escalation. In order
to determine whether racial disparities were in fact occurring by DPS Troopers, Chairman
Coleman issued a public information request and obtained data on traffic stops, traffic tickets,
consent searches, arrests, and more to determine if there were clear biases based on race. The
Chairman released the information to Dr. Frank Baumgartner, Professor at the University of
North Carolina at Chapel Hill, who conducted a statistical analysis of the data. Dr. Baumgartner
found there is statistical evidence to support that minority races are being pulled over, searched,
and ticketed at significantly higher rates than Whites.
Specifically, “controlling for everything that we can…based on data made available by the Texas
DPS, Black male drivers are 59 percent more likely to be searched, and Black females are 15
90
percent more likely to be searched than their White counterparts.” 74 When trying to determine
73F
the rate of stops and searches conducted for Hispanics, it became clear that better reporting needs
to be done. Until 2010, when applying for a Texas Driver’s License, there was no box marked
“Hispanic” to check in order to identify as this race. Officers use what the individual has marked
on their driver’s license to code race during law enforcement encounters. Unless the individual
wrote on the driver’s license application Hispanic, the majority of these people checked “Other.”
While statistic information cannot specifically say Hispanics are more often ticketed and
searched than Whites, we can say individuals who identified as “other” are more likely than
Whites to be ticketed and searched. 75
74F
Additional issues arise when trying to research potential racial disparity practices for consent
searches. Currently, the consent searches require no form of written approval or information
provided to the citizen of their right to refuse. According to DPS, whenever a trooper initiates a
traffic stop, the camera installed in their vehicle automatically begins to record. Steve McCraw,
Director of Texas Department of Public Safety, testified verbally before the committee, stating
whenever a trooper turns on their lights in pursuit of an individual, their camera automatically
records from the moment the lights are turned on. This recording allows DPS to investigate any
potential wrongdoing of troopers in incidents involving escalation. 76 75F
Although Director McCraw testified at multiple hearings that DPS is trained and implements de-
escalation techniques for all of their troopers, more could be done to improve the use of this
training. In the case of Sandra Bland, the trooper could have used de-escalation during this
encounter and prevented her death. Cell phone evidence shows law enforcement continuing to
ignore de-escalation training, exacerbating increased tensions between the public and law
enforcement. While testimony from the Director stated a review of trooper video in cases where
escalation occurred, there is a clear need for increased training on de-escalation and ramifications
for when it is ignored.
During the initial investigatory hearings conducted after Ms. Bland’s death, Chairman Coleman
initiated the revision of the initial inmate intake screening form (see Appendix A). This revision
came as a result of testimony stating the intake screening form lacked ability to accurately screen
and identify individuals who may be suffering from mental illness. The Texas Commission on
Jail Standards worked with forensic and criminal justice policy experts to create a revised form.
However, while the questions included in the new form provide more opportunity to identify an
individual with mental health issues and suicidal ideations, an inmate can still mask their
intentions.
The main difference between the old form, used to screen Sandra Bland, and the new form (see
Appendix B) implemented after her death is the requirement to notify the mental health service
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provider contracted with the jail. As a result of the new form, local mental health authorities and
magistrates are seeing an increase in the number of inmates being screened as possibly suffering
from mental health issues. 77 This increase in individuals being flagged as possibly suffering
76F
from mental illness has decreased the number of suicides in Texas jails since its implementation.
Advocates, while happy with the intake screening form revision, provided testimony regarding
the Texas Commission on Jail Standards overall minimum standard enforcement authority.
Currently, the Texas Commission on Jail Standards (TCJS) is only enforcing the minimum
standards required by federal law and has oversight over the following:
1. the construction, equipment, maintenance, and operation of jail facilities under its
jurisdiction;
2. the custody, care and treatment of inmates;
3. programs of rehabilitation, education, and recreation for inmates confined in county and
municipal jail facilities under its jurisdiction. 78
77F
In order to enforce the minimum standards, TCJS currently conducts one unannounced
inspection of each jail under its jurisdiction annually. By increasing funding for TCJS, the
agency could increase the number of surprise visits and better protect offenders in their custody.
Additionally, there are many standards TCJS is silent on. Michele Deitch, J.D., M.Sc., Senior
Lecturer at the Lyndon B. Johnson School of Public Affairs and the School of Law at The
University of Texas at Austin, provided the following suggested changes for increased ability to
enforce additional standards:
x Increase funding for the Texas Commission on Jail Standards to hire additional jail
inspectors and provide additional technical assistance on suicide prevention.
x Direct TCJS to develop standards on use of force, sexual assault, and detoxification.
x Direct TCJS to ensure that the PREA standards are incorporated into its own standards
and that TCJS staff are certified as PREA auditors.
x Direct TCJS to develop more detailed standards on what a jail’s plans for medical care,
mental health care, and suicide prevention should include.
x Require TCJS to collect from jails around the state all serious incident reports and to
prepare publicly-available aggregated statistical reports about the nature of these
incidents. 79
78F
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Other requirements of the settlement include:
• The Waller County Judge pledges to actively seek passage of state legislation providing
for more funding for jail intake, booking, screening training and other jail support like
telemedicine access for Texas county jails.
• The Waller County Sheriff's Office shall provide additional jailer training (including
ongoing continuing education) on booking and intake screening. 80 79F
It is important to note that Sandra Bland was originally arrested for a non-jailable offense.
Currently in Texas, individuals can be arrested and taken to jail for non-jailable offenses. With
additional tools, law enforcement can avoid bringing low-level defendants to jail and instead
focus arrests on more serious offenders.vii
Most jurisdictions, if they have a diversion program in place, they divert post booking. This
results is the individual having an arrest record as a result of their illness. Once the individual
has received treatment and is ready to return to normalcy, this arrest record can prevent them
from obtaining employment, housing, and other vital things necessary to live a productive life.
Bexar County’s diversion before booking is a great model to be replicated in other jurisdictions.
If diversion is not an option for communities due to lack of available option to divert individuals
to, telemedicine is an option that could be used to address this problem. The use of telemedicine
to assess and treat individuals who suffer from mental health issues is a viable, cost-efficient way
to address the provider shortage in rural areas.
Statistics show that a large percentage of persons entering county jails have a diagnosed mental
illness, with a large number of those persons living in poverty and receiving federal aid such as
Medicaid, Supplemental Security Income, or Social Security Disability Insurance benefits. When
this population is arrested and enters a county jail their benefits are terminated, even before they
are found guilty. After being released either on bond or because the charges are dismissed the
individual must reapply for their benefits. Due to the application process there is a lag time
where it can take up to a month for individuals to get back their benefits. As a result they are
unable to continue their treatment and sometimes end back in jail or in the ER room because of
this break in benefits. 81
80F
Last session the Texas Legislature passed H.B. 839 by Representative Naishtat that changed the
law to suspend the medical benefits juveniles where receiving when they entered a juvenile
justice detention center instead of terminating their benefits. This new law allows the juveniles
benefits to be reinstated once they are released - eliminating any disruptions in their treatment.
The same concept should be applied to all individuals who enter jail to ensure no one's treatment
is unnecessarily disrupted.
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Police/Community Relations
Law enforcement’s obligation is not only to reduce crime but also to do so fairly while protecting
the rights of citizens. Any prevention strategy that unintentionally violates civil rights,
compromises police legitimacy, or undermines trust is counterproductive from both ethical and
cost-benefit perspectives. Ignoring these considerations can have both financial costs (e.g.,
lawsuits) and social costs (e.g., loss of public support).
It must also be stressed that the absence of crime is not the final goal of law enforcement. Rather,
it is the promotion and protection of public safety while respecting the dignity and rights of all.
And public safety and well-being cannot be attained without the community’s belief that their
well- being is at the heart of all law enforcement activities. 82
81F
What many people may not know is many have the right to refuse a consent search. In order to
ensure people understand their right to refuse, Texas should consider doing away with consent
searches entirely. Elimination of consent searches would ensure no violation of people’s rights
occurs.
Consent searches rarely result in the discovery of contraband or other wrongdoing. As such, the
practice of conducting consent searches diminishes public safety by diverting critical resources
(officer time and energy) away from more productive crime-fighting tasks. 84 In addition,
83F
probable cause searches also have a low rate of discovery of contraband or other wrongdoing.
Therefore, raising the standard of searches from probable cause to preponderance of the evidence
better protects individual's rights while maintaining the ability of law enforcement to properly
investigate potential criminal activity.
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Frank Baumgartner from data provided by DPS, shows a strong indication that pre-textual stops
do happen and that they are more likely to happen to African-Americans than they are of Whites.
Professor Baumgartner's analysis of DPS stops showed that an "out-of-state Black male pulled
over for speeding while going 68 MPH in a 65 MPH zone would have an extremely high
likelihood of [being] searched". 85
84F
Pre-textual stops are hard to prove in an individual situation because, law enforcement officers
have a low-burden of proof to meet when showing justification for a stop or search. Officers are
legally allowed to stop a vehicle based on reasonable suspicion that a crime is being committed,
and able to either receive consent or have probable cause that a crime is being committed to
search the entire vehicle in most circumstances.
In the case of Sandra Bland, video evidence exists to show that the escalated actions which lead
to her ultimate arrest could have been avoided had the officer implemented some of his de-
escalation training. Furthermore, Director McCraw agreed with Chairman Coleman in the
November 16, 2016 County Affairs Legislative hearing that law enforcement officer should be
held to a higher standard due to the nature of their service. This standard should include the
ability to remove emotion from the situation, think logically about the dangers in the situation,
and de-escalate when no danger is present.
Therefore, while de-escalation training may be provided, it should be a tool actively used by
officers in the line of duty.
Crisis Intervention Training (CIT) is a specific type of de-escalation training that trains officers
how to properly handle a situation where an individual is suffering from a mental health crisis.
Unique de-escalation training is needed to handle mental health crisis because, to an untrained
officer it can be difficult to distinguish between a person who is in crisis and one who is being
aggressive. During the 79th Legislature, Senate Bill 1473, sponsored by Chairman Garnet F.
Coleman, requires individuals licensed as peace officers for more than two years to complete a
Commission developed training program on “de-escalation and crisis intervention techniques.”
Additionally, this requirement is included for any peace officer seeking an intermediate
proficiency certificate. 86 By increasing this training from the current 16 hours to the national
85F
standard of 40 hours, officers can better identify a mental health crisis and resolve the situation
in a peaceful manner.
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RECOMMENDATIONS
The Texas Legislature should require the Texas Department of Public Safety to accurately
record race for individuals who receive warnings, tickets, arrests, and searches.
Correctly recording races for individuals experiencing encounters with DPS will accurately reflect
racial profiling practices within the agency and help Texas address said profiling through
whatever action deemed appropriate.
The Texas Legislature should increase de-escalation training for law all enforcement
officers and increase ramifications in situation where de-escalation should be used but is
not.
With increasing tension between the public and law enforcement, it is important to work on de-
escalating situations. Law enforcement should be able to determine when de-escalation is
appropriate while maintaining the appropriate level of command to ensure safety. Officers should
be able to read each situation on an individual basis and determine the appropriate response.
The Texas Legislature should increase Crisis Intervention Training (CIT) for all law
enforcement officers from 16 to 40 hours in the certification requirement.
During the 79th Legislature Chairman Coleman sponsored Senate Bill 1473 which requires
Commission developed training program on “de-escalation and crisis intervention techniques”
during the intermediate proficiency certification to become a peace officer. The current
requirement for this training is 16 hours. Increasing the number of required hours law
enforcement officers receive to the national standard will help better train officers at properly
identifying and peacefully resolving a situation where an individual is suffering from a mental
health crisis.
The Texas Legislature should consider requiring all county jails to install an electronic
monitoring system.
To prevent falsified jail checks and logs, the Legislature should require all county jails to install
an electronic system. This system would decrease the ability to falsify cell checks and ensure that
individuals are getting the proper eyes-on supervision required.
The Texas Legislature should increase the number of required training hours for mental
health awareness for county jail staff.
As a result of the Sandra Bland settlement, Waller County Jail staff will now undergo continuing
education on mental illness. This continuing education requirement should be replicated for all
county jails in Texas to prevent future tragedies.
The Texas Legislature should assist counties with implementing diversion before booking
programs.
Bexar County has created a diversion before booking program, where individuals are immediately
diverted into treatment at a restoration center instead of taken to the county jail. While the
Committee recognizes that many counties do not have the same resources as Bexar County,
counties that do have these resources should implement a similar diversion policy.
The Texas Legislature should assist counties in areas with medical provider shortages to use
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telemedicine to assess and treat individuals in their jail.
The use of telemedicine is a cost-efficient, technology savvy way to address provider shortages in
Texas while still providing adequate medical services to those in need.
The Texas Legislature should require that medical benefits such as Medicaid, Supplemental
Security Income, and Social Security Disability Insurance benefits are suspended when an
individual enters a county jail instead of terminated.
Suspending individuals medical benefits such as Medicaid, Supplemental Security Income, and
Social Security Disability Insurance benefits instead of terminating them when they enter county
jail will allow them to be reinstated upon release. This will eliminate disruptions in treatment
caused by the need to reapply for their benefits after being released from jail.
The Texas Legislature should require law enforcement agencies to adopt similar policies
and those recommended in a revised racial and ethnic profiling law.
Searches are being conducted at disproportionate rates of African-Americans than they are of
Whites. Yet, the data reflects officers are only half as likely to find illegal contraband in the
possession of minority drivers. Even more troubling are the rates at which this is happening
among law enforcement, with little to no action taken against troopers for blatant profiling. What
many people may not know is that they have the right to refuse a consent search. In order to
ensure people understand their right to refuse, Texas should consider doing away with consent
searches entirely. Elimination of consent searches would ensure no violation of people’s rights
occurs. Lastly, the current racial profiling statute does not include those problems found in our
findings. In order to include all of the mentioned disparity problems, the Texas Legislature must
change the statute of the Racial and Ethnic Profiling Law.
The Texas Legislature should create policies that appropriately encourage and increase the
use of personal recognizance bonds such as requiring magistrates to perform risk
assessments, indigence screenings, and reason for setting a commercial bond.
The understanding of someone's risk to public safety and ability to pay allows the judge to better
determine whether a personal recognizance or commercial bond should be set. Additionally,
requiting reasoning for the setting of a commercial bond will ensure that individuals are not
unnecessarily detained before proven guilty.
The Texas Legislature should prohibit the use of consent searches, and increase the
standard of both stops based on 'reasonable suspicion' and searches based on 'probable
cause' to a 'preponderance of the evidence'.
Increasing the standard of both stops and searches will help prevent and detour the use of pre-
textual stops. This standard ensures that rights are protected while still ensuring that law
enforcement officers are able to catch criminals.
The Texas Legislature should strengthen the language and enforcement of Texas'
racial/ethnic profiling laws.
There is strong evidence that ethnic and racial profiling is happening amongst law enforcement.
However, there is little to no action taken against troopers for profiling.
The Texas legislature should prohibit the arresting of individuals for non-jailable offenses.
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With additional tools, law enforcement can avoid bringing low-level defendants to jail and
instead focus arrests on more serious offenders
The Texas Legislature should require local law enforcement agencies to adopt similar
policies to improve the criminal justice system as those recommended in this Texas House
Committee on County Affairs report to the 85th Legislature.
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Scott Henson, Executive Director
scott@justliberty.org
(512) 417-0120
Justliberty.org
Use of Force Resulting in Injury at Traffic Stops The new data does not tie the force
incidents at traffic stops to specific
Traffic charges. Further, force incidents
Stops w/
Force resulting in injury is likely a small
Resulting subset of all force incidents at traffic
UOF in Bodily Total stops (as it is a small subset of all force
Department Rate Injury stops incidents generally). In a high-profile
Houston PD 53.2 1891 355,132
case out of Austin, Breaion King was
Grapevine PD 48.8 93 19,040
Collin CSO 43.8 56 12,793 slammed onto the hood of a car in a
Denton PD 42.0 86 20,476 dramatic and scary episode, but
New Braunfels PD 38.9 58 14,904 wasn’t seriously injured. Her arrest,
El Paso CSO 37.1 195 52,556 while disturbing, would not have been
Cameron CSO 29.8 5 1,680
included in this data.
Corpus Christi PD 23.7 205 86,649
Ector CSO 23.4 8 3,418 These limitations mean we cannot
Hays CSO 21.2 30 14,187
know the full extent of risks that may
Conclusion
This sample of the new racial profiling data
confirms that drivers are frequently
arrested at traffic stops for Class C traffic
violation(s), and that this occurs at wildly
varying rates by department. While it is
certainly true that these arrests are a small
fraction of the 3 million traffic stops in this
dataset, they represent a significant
number of arrests. Based on these data, it is
reasonable to estimate that more than
45,000 Texas drivers were arrested at traffic
stops for Class C misdemeanors last year. 5
Taxpayers spend millions to book and jail
these drivers, with no public safety benefit.
Traffic stops are the most common way in
which police interact with Texans. Most
traffic stops result in a citation and both
parties drive away. By contrast, a traffic
stop that results in an arrest can cause
harms far in excess of the import of the
original infraction.
For that reason, traffic stops resulting in
arrest over minor traffic infractions should
be strictly limited by departmental policy to
those incidents where there is an active and
immanent public safety risk.
Traffic Stops
2018 Arrests Arrests for City Arrests for
w/ Force
Department Traffic for Traffic Ordinance Outstanding
Resulting in
Stops Violations Violations Warrants
Bodily Injury
1
The data sample does not include the Texas 5
There were 22,927 Class C arrests among local
Department of Public Safety, although its totals are agencies in this 96-agency dataset. Texas DPS
mentioned in the report for comparison. accounted for another 4,758. In addition, more than
2
See appendix for a commentary on data omissions 2,000 other agencies are required to publish an
and limitations at some agencies. annual racial profiling report because they make
3
“An Analysis of Texas Jail Bookings: How Texas some amount of traffic stops. Sampling smaller
Counties Could Save Millions of Dollars by Safely agencies, we believe the number of stops and rate of
Diverting People from Jail,” Texas Appleseed, April, arrests among them is significant. To clarify
2019. This analysis found more than 30,000 jail assumptions: If the agencies in our sample plus DPS
bookings in 11 counties for Class C arrests. This make up 60% of stops in the state, and the rate-of-
includes all Class C arrests, not only traffic stops. arrest was the same for the other 40%, there would
4
Some agencies in our sample did not report the use be 46,141 total Class C arrests at traffic stops
of force data point. statewide.
2 5 29.8 11.9
4 1.71
5,307 28,473 3,911 7.9 98.2 66.7
ate
(per 10k Stops)
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