24—A • Saturday, May 30, 1981, DALLAS TIMES HERALD Governor says prison policy may be relaxed By RICHARD S. DUNHAM Austin Bureau AUSTIN — Gov. William P. Clements Jr. said Friday that a Justice Department decision to relax minimum prison standards could assist the state in its appeal of court-ordered prison reform. "There is a reversal in the Reagan administra- tion's attitude with respect to the prison directives that were coming out of the Carter administration," Clements said. "The Carter administration, in the final days, made a great to-do about setting mini- mum standards . ... Those considerations and regu- lations are being reconsidered." The Carter guidelines established an exhaus- tive set of federal regulations concerning items such as minimum cell size, maximum prison population and location of prisons. Although the guidelines have no legal standing, the issues they cover are similar to the focal points in U. S. District Judge William Wayne Justice's recent ruling that mandat- ed sweeping changes in the Texas Department of Corrections. Clements said he expects the "change in atti- tude" of the Justice Department will be "reflected in their handling of the Ruiz case." The department had sided with prisoners seeking major changes in the state penal system. "Our Texas case is, in a matter of speaking, setting a precedent," the governor said. "There will be a relaxation of the minimum standards." Clements said that any effect of the new feder- al guidelines on the protracted civil rights litigation "remains to be seen." The governor said he did not expect the Justice Department to reverse its posi- tion and side with the state, however. "I think it's a matter of (less federal) enthusi- asm," he said. David Dean, Clements' general counsel, said the policy change "will have a very significant im- pact" on the state's appeal of the Ruiz decision. "Let's not kid ourselves," he said. "Even if the Justice Department decides to be neutral, that would be a tremendous leg up for the state of Texas." Dean said the federal policy switch is meant to change "the arbitrary and capricious manner of dic- tating to the state where a prison is to be built and how many prisoners are to be incarcerated there." "They are no longer going to impose those types of guidelines as the uncompromising gospel," he said. "They've got to look at the totality of the situation. This represents an about-face to defer, where appropriate, to state and local officials." Despite any changes in Justice Department policy, Clements said the state will continue with efforts to reduce overcrowding in Texas prisons. "We are still going to be moving forward with the programs that we have underway," he said. "That (three prisons per cell) is wrong, that is a gimme. We are going to cure that as soon as we can."