Memo from Rider Scott to William P. Clements, Jr. regarding Monitors' Report - Harris County Jail September 26, 1988
Memo from Rider Scott to William P. Clements, Jr. regarding Monitors' Report - Harris County Jail September 26, 1988. Regarding the Monitors' report on the Alberti v. Sheriff of Harris County federal jail lawsuit.
Clements, William P., 1917-2011
Texas. Department of Criminal JusticeLindsay, JonUnited States. Court of Appeals (5th Circuit)
"Texas Governor Term 2, 1987-1991"
Texas A&M University
Cushing Memorial Library and Archives
"Governor William P. Clements, Jr. Official State Papers, 2nd Term, 1987-1991"
General Counsel | 2nd term
Texas State library and archives commission
Criminal Justice Reform
Clements Texas Papers
WILLIAM P. CLEMENTS, JR. GOVERNOR .•01.I. r. STATE OF TEXAS OFFICE OF THE GOVERNOR AUSTIN. TEXAS 78711 September 26, 1988 TO: The Honorable William P. Clements, Jr. Governor FROM: Rider Scott V211 General Counsel RE: Monitors' Report - Harris County Jail Harris County Judge Jon Lindsay has forwarded to us a copy of the Monitors' report in their federal jail lawsuit, Alberti v. Sheriff of Harris County, C.A. No. 72-H-1094. This litigation is similar in nature to the one which Travis County is experiencing and therefore, orders entered in it can be expected to have an impact on other federal jail lawsuits throughout the State. Two statements by the Special Monitor set the tone for review of the recommendations by the federal court. First, in assessing blame, the Monitor says, "The culprit here is the State of Texas which has failed to provide adequate constitutional housing for its offender population and has gotten away so far with simply exporting the results of its failure to the counties." Next, in fashioning a form of relief, the Monitor says, "It makes sense for the defendants to seek to implead the Texas Department of Corrections into these proceedings, since it is unlikely that the ceiling and reductions recommended here can be met without the active involvement of the State correctional system." The Monitors make several recommendations on reductions in the Harris County jail population and how to accomplish it. The most important of these to the State is a requirement that Harris County cannot retain a convicted felon for more than thirty days after the date of conviction. This order, if adopted by the federal court in Houston, will place the federal courts with jurisdiction over the Harris County jail and the Texas Department of Corrections in direct opposition with their outstanding orders. Ultimately, it may require the United States 5th Circuit Court of Appeals to resolve the conflicting remedial orders. However, in the interim another county besides Travis will seriously contemplate legal action against the State or one of its agencies.