By Keri Blakinger
Houston Chronicle
HOUSTON — A Texas prison warden was demoted and transferred this month even as officials announced plans to boost officer training, review disciplinary policies and explicitly ban the sort of quota system that sparked a statewide audit.
The move comes weeks after Texas Department of Criminal Justice officials tossed more than 500 disciplinary cases and demoted several ranking officials amid an investigation that revealed quotas in four of the state’s facilities, where officers were ordered to write-up inmates or in some cases face disciplinary action themselves.
“I’m glad to see something good is coming from what I believe was a reprehensible action,” said Sen. John Whitmire, D-Houston. “Not only in this process do the inmates have to be held accountable but also the corrections officers.”
At the same time, the prison system is also grappling with the fallout from allegations that officers planted evidence in an inmate’s cell, a charge that sparked a separate investigation and resulted in the firing of four officers and the resignation of a fifth - all at the Ramsey Unit, the same Brazoria County lock-up where the quota system first came to light.
Now, Warden Virgil McMullen - who oversaw the facility in Rosharon - has been demoted and moved to the Johnston Unit, more than 200 miles away in northeast Texas. He’s already been replaced, but prison officials didn’t immediately clarify who the unit’s new warden is.
Texas prisons are also moving ahead with efforts to reform the disciplinary system and prevent similar incidents in the future.
“The agency is reviewing all disciplinary training and considering new statewide training for all those involved in the disciplinary process,” prison spokesman Jeremy Desel said.
“The agency is also working to make changes to policy to include explicit language that forbids any type of quota system or mandated case writing activity. This will make it crystal clear to all that nothing even resembling mandated disciplinary activity will be tolerated.”
The problems all started earlier this year when the Chronicle obtained leaked copies of an email from Capt. Reginald Gilbert, who ordered officers to write up prisoners or face disciplinary consequences themselves.
“Effective March 10, 2018, each Sergeant will be required to turn in at least two (2) cases written by officers for a Level 2 Code 35 ‘Unauthorized Storage of Property,’” he wrote. “Two each day is my requirement. Remember this is to be done each workday without exception.”
A couple hours later, then-Major Juan Jackson responded, noting that the “below instructions will help greatly in fighting a gig,” which is slang for an audit. The quota system was abandoned in a matter of weeks, as announced in an email Gilbert sent at McMullen’s behest.
After receiving an anonymous copy of the messages, the Chronicle put in a records request on April 21.
Four days later, McMullen fired off an email to ranking officials at the unit.
“This email is to reiterate the email I had Capt. Gilbert send out on April 6, 2018. We DO NOT and WILL NOT have case quotas on Ramsey Unit,” he wrote. “Make sure any and all previous emails regarding case quotas are not being followed. We will follow agency policy.”
Once the Chronicle reported on it, the quota system sparked a statewide audit, which found similar short-lived systems in place at three other units: Lychner State Jail in Harris County, Travis County State Jail in Austin, and the McConnell Unit in Bee County.
As a result, more than 500 inmate disciplinary cases were tossed out and a number of ranking officers demoted.
After hearing of the quota system, an inmate’s mother wrote to the Office of the Inspector General, claiming her son had been set up by prison guards at the facility in Rosharon. OIG probed the allegation, and found it credible, though Desel described it as an “isolated incident.”
The officers involved could still face criminal charges, officials said.
Even as authorities continue probing the evidence-planting allegations, prison officials are taking a closer look at the inmate disciplinary process. Aside from increasing training and looking again at department policies, TDCJ leadership is also examining the system for defending inmates accused of disciplinary infractions.
“In the current system there are individuals who operate as counsel substitutes, essentially counsel for the offenders accused in disciplinary cases, they formerly reported to unit wardens,” Desel said.
“Now those individuals will receive enhanced training and report to the Division of Administrative Review and Risk Management which will increase the independence of these positions and allow them to potentially see any unusual trends.”
For advocates, the possible changes bode well moving forward.
“It’s very encouraging,” said Jennifer Erschabek of the Texas Inmate Families Association.
Doug Smith, a policy analyst with the Texas Criminal Justice Coalition, hoped the changes could improve prison safety.
“When you do mass punishment like that, you put people in danger because it invites retaliation,” he said. “I’m thrilled that this reporting has uncovered some dangerous and ineffective policies and I’m thrilled that people are going to be treated justly and fairly because that’s how you foster rehabilitation.”
©2018 the Houston Chronicle