"An organization that is responsible for taking care of individuals that are in their custody should have a better emergency plan," Judge Selena Alvarenga said at the conclusion of an inmate's bail hearing.
Alvarenga determined that the jail conditions did not warrant eliminating the bail for Hammad Hammad, but she did reduce it from $225,000 to $175,000. Bail for Hammad, who is charged with aggravated sexual assault and aggravated assault, remains high because of the nature of the charges against him. His attorney said it's unlikely he'll post bail.
On March 1 and Monday, prosecutors and Hammad's defense attorneys questioned inmates and Travis County jail officials about issues they have faced. In recent months, inmates have had to cope with a coronavirus outbreak that led to a few hundred COVID-19 cases within the facilities. Meal options became extremely limited because of an understaffed kitchen after some inmate workers came down with the virus. Inmate access to water was limited while Austin was under a boil water notice following a record freeze last month.
Many of the issues discussed in the hearings have since been resolved. Inmates are receiving hot meals again, and the boil water notice is no longer in effect. Only seven of the 1,654 Travis County inmates are currently confirmed to be COVID-positive, and 130 at-risk inmates have received their first dose of the vaccine.
“We’re no different than anyone else — learning how to operate in a pandemic has been a constant challenge," Sheriff Sally Hernandez said in a statement Tuesday. "We get over one hurdle, just to face another, and then another. The lessons we’re learning aren’t always easy, but they are very beneficial to our growth and improvement."
In late January and early February, jail officials temporarily reduced inmates' food options because of a coronavirus outbreak among the inmates who worked in the kitchen. That meant inmates ate only peanut butter and jelly sandwiches three times a day for five days and then other types of sandwiches, apples and pretzels for a few weeks after that. Alvarenga called that "unacceptable."
"I don't see how a nutritionist could ever approve such a menu, and I can see how that could affect the health of the individuals that are being held at the jail," she said.
The jail's dietitian was not aware that inmates were receiving PB&J for every meal until several days later, Travis County officials testified Monday.
During the hearing, Hammad's attorney Steven Brand showed photos of the hot meals that Tito's Vodka had donated to law enforcement, which consisted of chicken, sausage, beans and rice.
And sheriff's officials "brought them up to the jail, specifically," Brand said.
Jail officials stressed that the food was an offered donation, and they hadn't requested it. They also pointed out that feeding a few hundred employees for one meal is different than feeding several thousand inmates for multiple meals.
Officials explored options of bringing in hot food for inmates, Travis County sheriff's office Lt. Edwardo Jackson said. However, they weren't able to confirm whether the amount of food or the cooking time would be quick enough to meet the jails' needs.
Last week, a Travis County inmate who works in the jail's kitchen testified that he told guards he was feeling sick, but they told him that if he quit working, he would get written up. He initially tested negative for the virus but later tested positive.
Another inmate testified that, while he was sick with COVID-19 and was having trouble breathing, jail officials ignored his cellmate's calls for help. Other inmates testified that the potable water jail officials provided to inmates during the boil-water notice was limited, and most inmates ultimately drank out of the faucets as a result.
Travis County prosecutor Matt Campbell on Monday argued that jail management has room for future improvement but ultimately it rose to the challenge amid a statewide crisis of taking care of the people in its custody. The inmates' situation during the February freeze was better than many other Texans at home, he said.
"During the storm, when millions of Texans were without heat, water or a means to get food, the jail managed to distribute water, to have food, and to keep the heat and the lights on," Campbell said. "While their performance was imperfect, it was certainly adequate."
Hernandez said that, in an unprecedented emergency situation, "we have to work within the confines of the facilities and resources available to us."
"I am extremely proud of the excellence and dedication the men and women of TCSO have shown throughout the pandemic and during the winter storm," Hernandez said. "Their extraordinary efforts have remained in the shadows to many, but the low numbers of COVID in our general population and the fact that our jails maintained full operational status, despite tremendous odds during the winter storm, is a testament to their professionalism.”
But Brand argued that "they have shown us nothing as to why this won't happen again."
" The Travis County Jail can't take care of its own people properly," he said.
This article originally appeared on Austin American-Statesman: Judge blasts Travis County jail conditions, treatment of inmates during pandemic, outages
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