With Potter County’s jail population exceeding its capacity, local officials are searching for solutions to ease overcrowding while managing a growing backlog of felony cases. During Tuesday’s Commissioners Court meeting, 47th District Attorney Jason Herring provided an update on the county’s judicial case flow and its impact on the detention system.
Judicial Efficiency and Case Backlog
Herring reported that from January 1 through March 5—the first 43 working days of the year—his office processed 409 felony cases, with only 47 (about 11.5%) being dismissed. This is significantly lower than the statewide average of 30%, which he said reflects careful case management.
“We’re proud of that number because it shows we’re not charging people unnecessarily,” Herring said. “We're mindful of jail space and taxpayer resources.”
Herring noted that the five district courts in Potter County can conduct about seven trials a month, totaling 84 annually. However, with 3,000 to 4,000 felony cases entering the system each year, the courts are struggling to keep up, despite improving efficiency. In 2023, they moved 60% more cases through the system than in previous years, reducing a backlog worsened by the COVID-19 pandemic.
Jail Overcrowding and Inmate Transfers
The Potter County Detention Center, which has a 599-bed capacity, is currently holding 627 inmates. As a result, the county has been forced to contract with jails in other counties, including Childress, Garza, Smith, Randall, Scurry, Lynn, and most recently, Parmer. Discussions are ongoing about an agreement with Runnels County, though Sheriff Brian Thomas cited logistical concerns due to its distance.
“We evaluated Runnels County primarily to satisfy court requirements,” Thomas said. “But realistically, the distance creates logistical problems for us.”
While the Texas Department of Criminal Justice (TDCJ) picks up inmates from Potter County every Tuesday, the influx of new detainees continues to outpace transfers. Chief Deputy Scott Giles explained that the state typically takes about 10 inmates per week, though in emergency situations, it can accept up to 40.
“We’re not quite ready to request that emergency pickup yet,” Giles said. “We’re holding onto that option for a potentially more critical situation during summer when inmate numbers traditionally spike.”
Rejected Solutions: Neal Unit and Jail Expansion
County officials recently evaluated the state-owned Nathaniel J. Neal Unit as a possible housing solution but found it unsuitable. The facility, which sits next to the Clements Unit, has structural and compliance issues, including lack of air conditioning and noncompliance with Texas Jail Standards.
“The Neal Unit doesn’t meet our requirements,” Commissioner John Coffee said. “The state is also considering reopening it, which takes it off the table.”
Another option under consideration is a proposed 288-bed jail expansion. A citizens committee formed last year to study the issue has requested funding for a cost analysis, but Coffee urged the county to explore alternatives before pursuing another taxpayer-funded project.
“We’ve recently completed several major county projects, including the new courthouse and law enforcement center,” Coffee said. “It’s too soon to approach taxpayers with another costly jail expansion.”
Legislative Push for Relief
The Commissioners Court passed a resolution in support of Sen. Kevin Sparks’ SB 496, which aims to expedite the processing of felony cases and reduce inmate backlog. Coffee also pointed out that the state has a $24 billion surplus and suggested increasing corrections officer salaries to help ease staffing shortages and open additional state prison capacity.
“The state should seriously consider raising salaries further to attract enough corrections staff,” Coffee said. “That could significantly ease overcrowding pressures on counties.”
Frustration Over Lack of Immediate Solutions
Potter County officials remain frustrated with the lack of immediate solutions, particularly in cases involving inmates deemed incompetent for trial. Currently, the jail houses 19 such individuals, including one who has been in custody for 698 days due to classification issues.
“I wish I could wave a magic wand and everyone would stop committing crimes,” County Judge Nancy Tanner said. “That would be awesome, but I don't think that's ever going to happen. No matter how many inmates the state takes, we get twice that many coming in on the weekend.”
Although the planned construction of a state mental health facility in Potter County may provide some relief in the coming years, officials acknowledge that broader legislative changes are needed to truly alleviate overcrowding.
“The process is what it is,” Giles said. “Without legislative changes, the current situation remains largely unchanged.”
