MIDLAND, Texas — Documents received by NewsWest 9 and presented by the Texas Commission on Jail Standard show that in 2023, the Midland County Jail and Midland County Sheriff's Office were found to be in non-compliance with state codes twice.
According to the documents, the first compliance issue was brought up in late March, when the TCJS found that up to 15 jailers hadn’t received proper training for quarterly fire drill and air packing - which is a piece of equipment that helps people breathe during fires.
The documents also say that, in this same inspection, there were 38 instances where restraints were used on inmates "where no 15 minute face to face observations were documented."
Proper loggings of these observations are a requirement by state codes.
According to a letter addressed to Midland County Sheriff David Criner - which was sent by the TCJS in early July - a re-inspection was done by the commission which found that the jail had corrected the compliance issues and were in proper compliance of minimum jail standards.
Sheriff Criner told NewsWest 9 that since then, Midland County’s jailers have been getting thorough and extensive training to keep up with compliance.
“They receive training every day," Sheriff Criner said. "We have a unit that goes out there and helps in the jail itself and we have annual training because of what is required. We have jail schools that go on annually, it’s a constant training process for everybody.”
This wasn’t the only time the jail had compliance issues.
According to the documents, a second inspection was done in October which found further complications.
One such issue was on inmates not receiving enough recreation time.
The documents show that staff weren't able to "provide logs indicating 3 days of recreational or physical activity per week was offered, as required."
Sheriff Criner said this compliance issue was of a technical variety.
“There was a technical violation and it was on paperwork, it was regarding recreational time for the inmates, they came in and we hadn’t logged it properly," Sheriff Criner said. "They interviewed the inmates. They said 'yeah we were given all of our recreation time,' but they decided to give us a technical deficiency because of paperwork was not properly secured in the facility.”
The reports say the TCJS found more violations.
According to the October report, the commission found that on one occasion, the "inmate Screening Form for Suicide and Medical/Mental/Development impairments, could not be located."
Multiple drains were reported missing throughout the facility, while damage to walls and a bunk bed weren’t reported.
The reports also say sanitation levels in living areas and the kitchen were below average.
The kitchen staff made regular substitutions to the approved menu outside of emergency situations, documents show. Kitchen menus must be served in accordance with a written menu that is approved and renewed annually. It can only be substituted in emergency situations.
A month later, the TCJS sent another letter addressed to Sherriff Criner and MCSO.
Dated Nov. 7, the TCJS told the county that Midland County had been in non-compliance twice in 18 months, which meant the commission was going to increase monitoring of the jail. This included two unannounced and comprehensive inspections.
Midland County was also required to send a monthly status report to the commission.
Fast forward to Thursday, however, and Sheriff Criner said the jail just got back in compliance and have been taking measures to stay in compliance.
“We had a technical deficiency for lack of paperwork on one incident and we fixed that, they reviewed it yesterday and put us back in compliance so everything's good to go," Sheriff Criner said. "We're on a good slate and it's a blessing because now we have a compliance officer that checks the jail every day. We had been out of compliance for a few days or like a month or so, and now we're back in good graces with the commission."
Sheriff Criner reiterated that the jail was indeed in compliance, saying as part of a statement that "we have been submitting the monthly report to the jail commission as they requested and now have a full-time compliance officer on staff. We asked the jail commission to do a re-inspection. After this inspection, the jail was back in compliance."
Meanwhile, Sheriff Criner also pointed out that the Midland County jailers are some of the top paid in the state, getting an annual salary of around $60,000.
These high salaries were the reason Sheriff Criner said jailers weren't included in the passing of Senate Bill 22, which Midland County Commissioners Court passed earlier this month. Out of the $500,000 that went towards pay raises, Sheriff Criner told NewsWest 9 that zero percent of those funds are going towards a raise in his own salary.