Jail & Incarceration

Jail or Prison Visits

Jails

Due to an executive order issued by Texas Governor Greg Abbott, most in-person visitation at city and county jails is currently suspended.

Texas Governor's Executive Order No. GA-25 (5/22/2020) [PDF]
Effective May 22nd until amended or rescinded. — Prohibits in-person visitation at all county and municipal jails in Texas. The restriction does not apply to visits by legal counsel or religious leaders.

State Prisons

Due to COVID-19 the Texas Department of Criminal Justice (TDCJ) has suspended most in-person visitation at state prisons. A new video visitation program has been set up at some facilities.

Statement from TDCJ on Prison Visits
Effective 3/13/2020 the Texas Department of Criminal Justice (TDCJ) has temporarily suspended visitation at all facilities until further notice.
Face 2 Face: Remote Video Visitation
TDCJ has introduced a new program that allows inmates at certain facilities to "visit" with their friends and family through live video chat.

Federal Prisons

Visitation had been suspended, but inmates at federal prisons may now have social visits with some restrictions. See the Federal Bureau of Prison's website for more information about visitation requirements.

BOP Modified Operations (Federal Bureau of Prisons)
This page outlines the status of COVID-19 restrictions currently in place in federal prisons.

Release Without Bail, "Cite and Release," or Early Commutation of Sentence

Some county and municipal jails may be seeking to reduce their inmate populations in order to reduce the spread of COVID-19.

Executive Order No. GA-13

On March 29th, 2020, Governor Greg Abbott placed limits on which types of inmates can be released without bail or have their sentence commuted during the COVID-19 outbreak. The order was challenged in the courts.

Texas Governor's Executive Order No. GA-13 (3/29/2020) [PDF]
Effective: March 29th until amended or rescinded. — This executive order placed limits on the types of inmates who can be released without bail in county and municipal jails and who can have their sentence commuted.
Texas Supreme Court Sides with Abbott After Judge Halted His Order Restricting Jail Release (4/23/2020)
This news article describes the court case over Governor Greg Abbot's Executive Order No. GA-13 regarding the release of prisoners without bail.
As Local Officials Shrink Jail Populations Due to Coronavirus, Abbott Blocks Release of Some Inmates Who Can’t Pay Bail (3/29/2020)
This news article describes Governor Abbot's executive order which banned release without bail for inmates who are accused of or have been convicted in the past of violent offenses. According to the order, these types of inmates could still be released if they paid bail.

Guidance for Jails

Texas Prisons Will Accept County Jail Inmates Again, Three Months After the Coronavirus Halted Intake (6/16/2020)
This news article describes the end of a policy that had stopped the transfer of inmates from county jails to TDCJ custody in order to slow the spread of COVID-19. The policy had been set out in a letter from TDCJ's executive director to sheriffs.
Court Procedures for the 2019 Novel Coronavirus (COVID-19)
The Texas Office of Court Administration has provided these guidelines for the operation of courts during the COVID-19 pandemic. The guidance includes information on setting and reviewing bail.
Texas Commission on Jail Standards, Technical Assistance Memorandum (3/17/2020) [PDF]
This memorandum recommends that, among other things, sheriffs and jail administrators: "Explore options for releasing non-violent misdemeanor offenders with local county/district attorney", and "Explore options with local arresting agencies regarding 'cite and release' for those who commit non-violent crimes in order to reduce number of individuals booked into the facility."

Compassionate Release

They Can’t Wait: FAMM’s Response to COVID-19
Families Against Mandatory Minimums (FAMM) is a criminal justice reform advocacy nonprofit. FAMM'S They Can't Wait program provides assistance with the compassionate release application process for federal prisoners.

Health & Safety Measures Taken by Jails and Prisons

News

As Texas Inmates' Lawsuit Over Coronavirus Response Winds Through Courts, Infections Among Prisoners Surge (5/28/2020)
This news article describes a lawsuit brought by several elderly inmates against TDCJ over its policies and practices for mitigating the spread of COVID-19 at their prison.

Recommendations & Updates

Information for Handling COVID-19 in the Jails Setting (National Sheriffs' Association)
This page contains a collection of .recommendations and best practices for jails in response to the COVID-19 outbreak.
COVID-19 Updates (TDCJ)
This page provides information on Texas Department of Criminal Justice's ongoing responses to the COVID-19 outbreak.
COVID-19/Coronavirus (U.S. BOP)
This page from the U.S. Bureau of Prisons provides updates on their response to the COVID-19 outbreak.

More help?

FreeLegalAnswers.org
This website allows you to ask a lawyer a legal question in writing for free. You can even upload documents for an attorney to review.
Get Help From an Attorney
Our Legal Help guide has information on free legal hotlines, legal clinics, and legal aid organizations, as well as information on how to find a lawyer who could represent you.
Ask a Librarian
Questions? Ask us! Librarians at the State Law Library can provide information about the law, but cannot give legal advice.

Texas State
Law Library

COVID-19 & Texas Law