• 647 p)jUfl ttn-ltiro Austin, Texas 78711 Office of the Governor Phone (512) 475-3021 MEMO DATE: June 21, 1982 TO: Governor William P. Clements, Jr. FROM: David Herndon, General Counsel /4a4.414k RE: Agenda for Tuesday, June 22, 9:00 a.m. Board of Corrections Meeting You should advise TDC of your conversations with Reynolds and Smith and convey their indications of a willingness to reasonably settle overcrowding and classification. Discuss the Board's feelings on these two issues. I understand that TDC has a very fundamentally and diametrically opposed different method of classifi- cation from virtuall an other enal system in the country. TDC wants to mix violent offenders, who have not been violent while in prison, with non-violent offenders, whereas the Plaintiffs and Department of Justice want them separated. Apparently, TDC feels there are enormous benefits to their way of doing things and for them to change would upset their entire approach to corrections. This will make any settlement of classification very diffi- cult. I suggest you do not tell TDC that it...LW._ settle or to what terms it must agree. The issues are too complex tio--7171714 in advance of detailed negotia- tions what the nature of the terms of a proposed settlement may be. Also, I'm not sure that Reynolds will make a reasonable offer, so let's wait and see. Advise TDC that it must make settlement decisions, but to be open-minded - to not foreclose any 77777s 1intil-777-7777777"concluded, and to not be hard-nosed just because of the past struggle with the Department of Justice and the Plaintiffs. Get the Board to explain their decision to build cells rather than quicker and greater capacity dormitory facilities. DH: sr DAVID HERNDON General Counsel