Marijuana Policy Project

On Friday afternoon, Bexar County had 284 more people in custody than it has jail beds.

For weeks, officials have frantically searched each day for places to hold the overflow inmates in neighboring counties, on cots.

"We're overwhelmed it's like the Alamo," said booking Sgt. Rogelio Contreras, who booked 140 inmates who were forced to wait up to three days before they could move into regular jail quarters. Another 100 were waiting to be processed.

Contreras' numbers didn't count toward the 4,576 inmates who were already housed at the jail and related facilities Friday. The jail's capacity is 4,292.

But aside from those awaiting booking, no one was sleeping on the floor Friday, said Assistant Jail Administrator Earl Griffin at least not so far.

"That's our biggest goal," he said, "because we know how the state is about inmates sleeping on the floors."

The number of arrests tends to jump in warmer weather, officials said, so the jail population has been simultaneously creeping upward for weeks. Then two weeks ago, officials in Guadalupe County, which has an agreement with Bexar County to house overflow inmates, decided it would not accept more than 200 of them.

With a jail bursting at the seams, officials said they continue to seek ways to relieve pressure.

Some officials are trying to release more inmates while others are trying to accept fewer.

In the spirit of stemming the inflow, County Judge Nelson Wolff has urged Gov. Rick Perry to sign into law a provision that would allow officers the authority to issue summonses, similar to traffic tickets, for certain misdemeanors.

State law requires that people who are arrested must appear before a magistrate within 48 hours. Under House Bill 2391, authored by Rep. Jerry Madden, R-Richardson, people who receive summonses instead of being arrested must also get themselves to a magistrate, who could then decide whether to release the person on a personal recognizance bond or remand him or her to jail.

Beyond the governor's signature, Wolff said, it is crucial that other law enforcement agencies make use of the option.

"We would also like the city of San Antonio, as well as the Sheriff's Office, to do some of these minor cases (as summonses) instead of dragging them to the jail," he said. "It doesn't do any good for the legislation to be enacted if both the city and the sheriff don't use that additional authority."

In his letter to Perry, Wolff estimated Bexar County jail could save thousands of dollars a day even if officers used the new option conservatively. During one week last month, for example, 958 people were arrested on misdemeanor offenses, with 194 charged with minor offenses such as driving with a suspended license, the letter noted.

Inmates typically cost the county about $50 a day.

When they are booked, the inmates are assigned to courts, giving those officials an opportunity to see whom they can let out.

At the district court level, court coordinators are putting together "jail dockets," accelerated hearings for inmates who are good prospects for plea deals and bonds.

"If they can work it out, fine; if they plea, fine; if they dismiss, fine," said Joyce McClay, coordinator for 290th District Court Judge Sharon MacRae. "If they can't work out a deal, then the case goes to indictments right away so he won't be sitting there 180 days."

Jail dockets require a blitz of rounding up inmates, lawyers, prosecutors, clerks, a court reporter and the judge. It's a challenge because almost every player, besides the inmate, also juggles other commitments one reason why the court system often moves slowly.

To do jail dockets with any regularity takes constant work, McClay said, but it helps chip away at the jail population.