TYLER, TX (EAST TEXAS NEWS) – Smith County Jail faces a potential repair order from the Texas Commission on Jail Standards due to overcrowding. In Tuesday morning’s Smith County Commissioners Court session, Smith County Sheriff Larry Smith said the jail was 58 inmates over its maximum capacity.
In an email sent Sunday night to local judges, Smith said the jail was slated for a state inspection late this week or next.
“The sheriff’s office has done everything within its power to address this problem,” Smith wrote in the email. “I appreciate those of you who have helped with this overcrowding issue. When we are inspected this week or next and we’re still overcrowded, it’s almost a guarantee that we’ll receive a repair order.”
Smith explained that a corrective order would mean the jail commission would tell the jail how many inmates it can house; it would also mean the commission would determine which inmates are housed there.
“This is typically around 80% of our capacity,” Smith said. He added that a corrective order often comes with a county fine.
“I don’t enjoy sending this final plea to each of you more than you enjoy receiving it. However, this will soon be out of our hands if we don’t act in the coming days and bring our numbers down within our inmate housing capacity,” Smith wrote in the email to the judges.
An email obtained by KLTV 7 News shows that the sheriff notified judges about the overcrowding issue on March 5, when the jail was 100 inmates above its maximum population. At that time, he indicated the jail would no longer accept misdemeanant offenders on-site, with the exception of alcohol-related offenses, domestic violence cases, or assaults.
“In my 45 years in law enforcement, I can’t recall things ever being this bad,” Smith wrote in the email.
During Tuesday’s commissioners court meeting, Smith County Judge Nathaniel Moran and the county commissioners discussed the issue with Sheriff Smith. Moran said overcrowding stems from multiple factors, including a backlog caused by COVID-19 restrictions. He noted that about 700 of the 1,150 inmates are serious, pre-trial cases who have little incentive to defend their case without the threat of a jury. Moran added that the Texas Department of Criminal Justice also accepts fewer inmates than usual.
“The sheriff tells me that they (TDCJ) have a lot of capacity at some facilities, but they don’t have staff,” Moran said.
Moran also mentioned a shortage of visiting judges due to other counties dealing with similar overcrowding issues. He said the county would continue brainstorming possible solutions.
“We’re going to keep working,” Moran said. “Just because we’ve hit a roadblock at this point doesn’t mean we can’t find a solution.”
La comisionada JoAnn Hampton said she called several area county jails that have capacity, but the county lacks the staff to send inmates. When asked by Precinct 2 Commissioner Cary Nix whether the jail commission showed any leniency to counties facing this problem, Sheriff Smith said, “Nothing at all.”
“The Sheriff’s Association has been in touch with a representative from the Governor’s Office, who will need to make the amendments, but nothing is moving at this time,” Smith said.
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