Waller	County	Sheriff’s	Office	
Recommended	Police	and	Jail	Practices	
Hon.	Craig	Washington	 	
Hon.	Morris	Overstreet	
Juan	L.	Guerra	
Randall	Kallinen	
JoAnne	Musick	

	

	

	

Paul	Looney,	ex-officio	

ABSTRACT	
A	committee	was	formed	to	observe	the	inner	workings	of	the	Sheriff’s	Office	and	
report	 on	 and	 recommend	 practices	 and	 policies	 to	 benefit	 the	 Office	 and	 the	
citizens	of	Waller	County.	The	committee	was	driven	by	Sandra	Bland’s	words:	“I	
am	going	to	Texas	to	make	it	better.”	

	
Executive	Summary	..............................................................................................................................	1	
Introduction	............................................................................................................................................	1	
Inmate	Screening	for	Mental	Health	and	Medical	Problems	..................................................	2	
Recommendation:	Employ	EMTs	to	triage	and	assess	medical	and	mental	health	issues	while	also	
creating	the	ability	for	physician	review	and	videoconferencing.	...........................................................	2	

Body	Cameras	.........................................................................................................................................	4	
Recommendation:	Develop	a	written	policy	for	the	use	of	video	recordings,	and	purchase	body	
cameras	to	document	interactions	to	protect	both	the	officer	and	the	citizen	accused.	........................	4	

Language	and	Demeanor	....................................................................................................................	6	
Recommendation:	Create	a	zero	tolerance	policy	against	the	use	of	demeaning	or	derogatory	
language.	.................................................................................................................................................	6	

Counseling	and	Fitness	to	Serve	......................................................................................................	7	
Recommendation:	Anger	management	courses	and	psychological	evaluations	should	be	implemented	
as	a	matter	of	routine	to	maintain	acute	mental	fitness	within	the	Office.	............................................	7	

New	Jail	.....................................................................................................................................................	8	
Recommendation:	New	jail	facilities	are	necessary	as	the	current	facility	does	not	address	the	safety	
and	security	required.	..............................................................................................................................	8	

Booking	Process	....................................................................................................................................	8	
Recommendation:	Invest	in	technology	for	an	electronic	booking	process	to	facilitate	access	to	
information	on	inmates.	..........................................................................................................................	8	

Digital	Reporting	from	the	Field	......................................................................................................	9	
Recommendation:	Invest	in	technology	to	allow	deputies	to	access	records	electronically	and	enter	
offense	reports	without	the	necessity	of	returning	to	the	Office.	...........................................................	9	

Public	Information	Officer	..............................................................................................................	10	
Recommendation:	A	single	point	of	contact	for	public	information	allows	the	Office	to	present	
information	more	clearly	and	accurately.	.............................................................................................	10	

Separate	Jail	Administration	and	Policing	Duties	..................................................................	10	
Recommendation:	To	the	extent	possible,	jail	administration	and	policing	should	be	separated.	.......	10	

	

Committee Recommendations Page 1
Waller County Sheriff’s Office

Executive	Summary	
On request of the Waller County Sheriff, this committee gathered to investigate, review, and
recommend policing and jail practices within the Waller County Sheriff’s Office. The committee
members were granted full and unencumbered access to all areas of the Waller County Sheriff’s
Office. A number of recommendations are made that are believed will improve operations both
from public safety and efficiency perspectives. The recommendations are intended to be practical
and capable of implementation without extensive expenditures, and in some cases may save
taxpayer money.
In making our recommendations, we are hopeful that the Sheriff and his Office will work toward
a safer, more efficient, and more professional department that ensures public trust and
cooperation. The request for this review is a great step toward improving police and jail
functions within the county and serves as an example for all law enforcement agencies.

Introduction	
On July 31, 2015, this Committee formed at the request of Waller County Sheriff R. Glenn
Smith for the purpose of investigating, from the perspective of the committee members, the
operations of the Waller County Sheriff’s Office and where possible to make suggestions for
improving practices to better ensure public safety and the protection of the rights and safety of
suspects. Local attorney Paul C. Looney, who served as a non-voting ex-officio member, formed
the committee. The five-person committee is composed of civil rights attorneys Craig
Washington and Randall Kallinen, former Texas Court of Criminal Appeals Judge Morris L.
Overstreet, criminal defense attorney Juan L. Guerra, and criminal defense attorney and
President of the Harris County Criminal Lawyers Association JoAnne Musick.
Committee members were given full, unencumbered access to the operations of the Waller
County Sheriff’s Office, including administrative, investigative, jailing, and patrol divisions. The
overall impression is that some areas within the agency are being run well; however, the
committee members believe that some specific improvements could result in improved
operations and heightened public support. Most specifically, our recommendations with regard to
medical assessments and jail facilities would be the most significant in terms of suicide
prevention. And, while the committee studied all areas, we are reminded of Sandra Bland’s
untimely death as perhaps the impetus for this review.

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Waller County Sheriff’s Office
Suggestions are made with full consideration of the budget realities of a small county. While we
have included in footnotes some “perfect world” suggestions, we have endeavored to make
suggestions that are workable with moderate to no cost and that we believe can be justified while
respecting necessary budgetary constraints.
The Committee Members remain committed to assisting the Waller County Sheriff’s Office in
the implementation of these suggestions wherever possible, whether meeting periodically or by
invitation.

Inmate	Screening	for	Mental	Health	and	Medical	Problems	
Recommendation:	 Employ	 EMTs	 to	 triage	 and	 assess	 medical	 and	 mental	 health	
issues	while	also	creating	the	ability	for	physician	review	and	videoconferencing.	
Presently, deputies screen arrestees for mental and medical problems, but this is not an accurate
or efficient process. Deputies do not possess the training or expertise to evaluate the medical and
mental health needs of inmates. More than one-half of the county’s arrestees are on some sort of
medication, and deputies have reported to committee members that the average age of inmates
has risen notably. Along with older inmates, the jail has seen an increase in the percentage of
inmates that use one or more regular medications; however, it can take more than a week for the
jail to obtain a prescription and the necessary medication. Depending upon the inmate’s medical
needs and the adverse consequences of failing to take necessary medications, this delay can be
grossly detrimental to the well-being of the inmate.
Often, deputies taking mental health history do not know what to do with this information once it
is made part of the file. Deputies are unsure which inmates may require hospitalization or
emergency treatment and may not transport inmates who should be transported, alternatively,
they may unnecessarily transport other inmates. Suicide prevention measures are applied in a less
than optimal manner. This is not efficient and does not serve the inmates or the Office well.
It is recommended that emergency medical technicians (EMTs) be utilized to interview inmates
concerning medical and mental health issues. 1 EMTs generally have training in not only
assessing medical needs but also in assessing mental health and suicide risks. EMTs already
come to the jail when necessary to perform blood draws in DWI cases; they are trained in triage
and patient evaluation and can quickly determine which inmates will require transport to a
hospital for medical or psychiatric intervention. With electronic patient assessment, their
1

Ideally, EMT personnel would be fully staffed 24/7 within the jail to address incoming inmates as well as housed
inmates; however, understanding budgetary constraints, EMT personnel can be contracted for in periodic short shifts
throughout the day or as needed, much like with a blood-draw.

Committee Recommendations Page 3
Waller County Sheriff’s Office
collected data would be immediately available to a contracted physician for review without the
added necessity of having a physician present. The EMTs should be given access to inmate
electronic medical records for medical care only, without making those records part of any law
enforcement file. Additionally, arrestees may be more inclined to be forthcoming with an EMT,
rather than a police officer whom they may see as adversarial.
Should the EMT identify an issue that requires medication or treatment of a less than urgent
nature, a videoconference (Skype or similar Internet consultation program) with a doctor can be
conducted.2 Through these sorts of virtual health services, prescriptions can be obtained on the
day of arrest, inmates requiring suicide prevention can be more readily identified and isolated,
and inmates with mental health issues can be appropriately medicated, aiding with jail
management. Inmates with medical or mental health conditions requiring hospitalization or
emergency treatment can be more readily identified, preventing unnecessary emergency room
trips and ensuring that necessary treatments take place.
As an aside, the same video conferencing system can also be used to conduct “live” hearings
with magistrates in order to set bonds at the earliest possible time.3 There are a limited number of
magistrates in Waller County, and they are not present at the county jail on a regular basis.
Providing a mechanism for magistrates to set bail via videoconferencing would be more
convenient for the magistrates and the deputies and would allow bonds to be set earlier in the
process, reducing the jail population and the associated expenses of housing pre-trial detainees.
Utilizing a video system would meet the necessary requisites of the magistrate being able to
speak directly to the inmate and provide statutory warnings as well as determine appropriate and
individualized bonds.

2

Emergency rooms across the country already utilize video conferences (Skype or other software) to put triage staff
in touch with doctors immediately without the necessity of staffing a full-time physician. This model works well in
hospitals, clinics, and urgent care centers and can easily be added to the jail process for more efficient and more cost
productive medical review and care. Again, without the expense of staffing a full-time physician.
3
Again, courtrooms around the State are already using video conferencing between inmates and magistrates to
expedite this process and decrease the need to physically transport inmates to a magistrate or require a magistrate to
travel to the jail.

Committee Recommendations Page 4
Waller County Sheriff’s Office

Body	Cameras	
Recommendation:	 Develop	 a	 written	 policy	 for	 the	 use	 of	 video	 recordings,	 and	
purchase	body	cameras	to	document	interactions	to	protect	both	the	officer	and	the	
citizen	accused.	
The Office has not yet developed a written policy or plan for the use and purchase of body
cameras to record law enforcement interactions. This is perhaps the most complex issue faced
by the Committee – but fortunately, the Committee has had the guidance of numerous studies
from around the country and from a number of perspectives. Body cameras have the potential to
resolve substantive complaints and prevent spurious complaints, enhance transparency, increase
officer accountability, identify internal departmental problems, and provide evidence for
prosecution and internal investigations. Issues to be considered include what discretion officers
should have concerning when to record; the storage and retention of body camera files; and the
availability of body camera files under Public Information Act requests.
In studies, body cameras have been shown to reduce complaints against police officers
dramatically, while also reducing use of force incidents by 50% or more. It is unknown whether
these changes are because officers who know they are being recorded behave more responsibly,
because citizens that are on camera tend to behave more responsibly, or both. Body cameras not
only protect good officers from unfounded complaints but also help to identify and correct
problems within policing. The demonstrated advantages of body cameras for both deputies and
citizens are substantial.
Deputies, ideally, should be given little discretion as to when to record. It is not unknown that a
routine traffic stop may result in an arrest, an escape, and/or a violent situation; a discretionary
decision that a routine traffic stop should not be recorded could result in the loss of valuable
evidence. Consistent and routine recording of all police interactions can protect good officers
against false accusations, protect citizens against potential bad officers or false accusations,
ensure that guilty people are convicted, and resolve training or disciplinary issues. 4 It is
recommended that as a basic policy all deputy interactions should be recorded. Interaction would
include from the moment the deputy exits his patrol vehicle until the end of the encounter or
arrest. Creating a policy with definitive start and stop intervals eliminates the deputy’s discretion
and the possibility of failing to record a particular encounter.
4

In October, 1976, Dallas Police Department Officer Robert Wood was shot and killed by David Ray Harris during
a traffic stop. Randall Dale Adams, a hitch-hiker picked up by Harris, was also in the vehicle stopped. Harris blamed
Adams for the shooting, and Adams was charged with Capital Murder and sentenced to death. Harris went on to
murder Mark Mays in Beaumont, Texas in 1985. In 1989, the Texas Court of Criminal Appeals overturned Adams’
conviction. Harris was executed for the Mays killing in 2004. While the details of those cases are beyond the scope
of these recommendations, it should be noted that if body cameras had been available to Officer Wood in 1976, the
recordings could have prevented the wrong person being charged with his death, and prevented Harris from killing
again.

Committee Recommendations Page 5
Waller County Sheriff’s Office
In addition, taking the decision of when to record out of the hands of deputies as a matter of
policy gives deputies confidence that they are making the correct decision. Deputies have enough
on their minds without having to weigh the pros and cons of each recording. Having these
decisions made as a matter of policy provides confidence in the process and ensures that deputies
who follow policy cannot be questioned, in court or by their superiors, for their decisions.
Having every response to a call for service, use of force, arrest, search, interrogation, pursuit, or
witness interview recorded and available would, however, be cost-effective and appropriate,
except where a witness specifically declines to be recorded. As a general rule, when in doubt,
deputies should record. When deputies choose not to record because doing so would be unsafe,
deputies should be required to state either in writing or on camera their reasons for turning the
camera off. Additionally, any problems with the recording equipment should be promptly noted
and investigated for repairs.
The costs and technical challenges of storing, retaining, cataloguing and disclosing the unedited
recordings body cameras generate presents a major challenge. The cost of storing all recordings
indefinitely is prohibitive. All unedited files must not only be downloaded onto a computer
system but catalogued in such a manner that every recording can be located and retrieved. Video
files consume large amounts of computer storage space, and the time and expense of storing and
cataloguing these files (while decreasing) is not inconsequential.
Video files encompass two broad categories: non-evidentiary and evidentiary. Non-evidentiary
video files include citizen interactions involving requests for directions, assisting a motorist,
social greetings, and other innocuous police interactions. Non-evidentiary recordings may be
deleted after a limited amount of time.5 Other recordings will be evidentiary and should be
copied for provision to prosecutors and defense attorneys, and retained for a defined period of
time that would exceed the conclusion of any legal matter arising from the circumstances of the
recording. Obviously, evidentiary video files include traffic stops resulting in an arrest or citation,
interactions related to calls for service where charges are filed or anticipated to be filed,
interactions involving the use of force, and investigative actions by officers.
The system must be audited to prevent erasures, tampering and alterations. An audit trail should
be established to determine who accesses the files, when, and for what purpose. If not cost
prohibitive, a dual-key system should be established for any deletions. A dual-key system would
require two separate and distinct individuals to concur in the deletion before any deletion could
occur.
Because of the complexity in creating, monitoring, and auditing a video system, larger
departments often require dedicated staff simply to maintain their body camera file archives.
5

Committee members differed as to how long non-evidentiary recordings should be kept, but reached a consensus
that a minimum of thirty days was appropriate while a period of sixty to ninety days would be optimal.

Committee Recommendations Page 6
Waller County Sheriff’s Office
Given the nature of Waller County’s budgetary constraints as well as smaller police force, it
would not be realistic or necessary to have staff dedicated to running a video archive system.
Existing staff could be trained to upload and tag video into a centralized location. For example,
the officer assigned a body camera could be responsible for uploading all video at the conclusion
of his incident or shift. Administrative staff could then be responsible for any subsequent
retrieval of that video. It is noted that some recordings will be sensitive and should not be
released to the public, such as interviews with rape victims or interviews with confidential
informants; and existing Open Records exemptions for criminal investigations will protect the
release of these video files. While existing Open Records exemptions will prevent sensitive
disclosures, the Sheriff should note that public trust is increased with transparency; therefore,
whenever possible and within the scope of Open Records, video should be released. In general,
any case-related files should only be accessible on a need-to-know basis while the investigation
or subsequent court case is pending.
A study of the issues and experiences of police departments in the deployment of body cameras
was done in 2012 by the Community Oriented Policing Services office within the Department of
Justice, in cooperation with the Police Executive Research Forum. The recommendations
stemming from that study are reported in “Implementing a Body-Worn Camera Program:
Recommendations and Lessons Learned.”6 While this report is comprehensive and of assistance
to the issues, it should, be noted that costs for both cameras and storage have decreased over the
past four years.

Language	and	Demeanor	
Recommendation:	 Create	 a	 zero	 tolerance	 policy	 against	 the	 use	 of	 demeaning	 or	
derogatory	language.	
While the Committee was pleased with the attitudes most Waller County deputies displayed
towards suspects and arrestees, some members of the department persisted in name-calling and
dehumanization towards some suspects. Epithets such as “turd,” “thug,” “gangbanger,” and
“piece of shit” were sometimes used to describe suspects. Such ‘us v. them’ language is not only
dehumanizing in itself, but tends to become a cultural value passed down to other, more junior
deputies and engenders an atmosphere that denigrates the rights of suspects and invites
misconduct. The risk is that dehumanizing language will be translated into inhumane actions. It
is unprofessional and, especially when used by senior employees, encourages an unprofessional
attitude in more junior officers.
6

http://www.justice.gov/iso/opa/resources/472014912134715246869.pdf

Committee Recommendations Page 7
Waller County Sheriff’s Office
To maintain the principle that all individuals will be treated with respect, whatever crime they
have been accused of or have committed, there should be zero tolerance, as a matter of policy,
towards such language being used to describe members of the public. This costs nothing,
improves the appearance and professionalism of the Office, encourages public trust, and makes it
easier for members of the public (especially minority members) to feel confident speaking to
officers. Nothing of any potential value is lost by banning such attitudes and terminology; and
the members of the committee believe that this policy change can and should be adopted
immediately. Further, this recommendation would require no cost to the Office or county.

Counseling	and	Fitness	to	Serve	
Recommendation:	Anger	management	courses	and	psychological	evaluations	should	
be	 implemented	 as	 a	 matter	 of	 routine	 to	 maintain	 acute	 mental	 fitness	 within	 the	
Office.	
Going hand-in-hand with language, demeanor, and attitude, ones mental fitness to serve is of
vital importance to maintaining the highest police integrity. Mental fitness should be viewed as
an asset to deputies.
It is well known that policing can be extremely stressful, even for deputies who do not encounter
violent situations. Deputies deal with the public every day, and their encounters are not always
amicable. Quite often, deputies encounter hostile citizens in their worst possible moments as
either victims or accused. Many officers “bottle up” this stress, and when coupled with personal
stressors this presents the risk that the stress will explode to the surface at the worst possible
times and in the worst possible ways.
Many departments utilize psychological services on an as-needed basis for routine matters, and
on a mandatory basis after a shooting incident. It is recommended that Waller County implement
a policy requiring all deputies to undergo anger management sessions every eighteen months.
This minimal step of anger management sessions will help deputies manage their emotions, learn
how to release the everyday stressors of the job in appropriate manners, and with some regularity
remind deputies to implore those skills while dealing with citizens in their worst situations.
Again, as a minimal step, this saves the expense of continuous psychological overview.
Additionally, it is recommended that deputies be re-evaluated for duty with a complete
psychological evaluation every three years. The shooting proficiency of deputies is tested every
year. Yet, beyond their initial assessment at hiring, deputies are not tested psychologically unless
they seek it. The psychological fitness to serve of deputies is no more static than their shooting
proficiency, and deputies cannot be expected to recognize and respond to warning signs within

Committee Recommendations Page 8
Waller County Sheriff’s Office
themselves or their brethren. Ensuring that all deputies serving the Office are in peak
psychological condition helps ensure the efficiency, reputation, and safety of the Office. It will
also contribute to an overall well being in the individual deputies, which will translate to better
relations with the community.

New	Jail	
Recommendation:	 New	 jail	 facilities	 are	 necessary,	 as	 the	 current	 facility	 does	 not	
address	the	safety	and	security	required.	
The present jail is obsolete and was not built in anticipation of the present quantity of inmates.
There are no adequate suicide-prevention cells or other special needs housing available. Video
and audio monitoring systems have been added in an ad-hoc manner. Many of the walls are
rusting and damp. Sanitary conditions are difficult, if not impossible, to maintain. It is inefficient,
outdated, and neither safe nor healthy for guards, staff, and inmates.
A new jail is presently planned for several years out, and that schedule should be accelerated to
the extent possible. While building a new jail presents a major investment, it is an investment
that is better made sooner rather than later. The costs of building a new facility are not going to
decrease. Financing costs are only going to increase in the coming years.
The members of the Committee are willing to review plans for any proposed jail facilities and
provide input for consideration before plans are finalized. The Committee believes that good
design from the start can prevent problems from developing once the facility is on-line. Ensuring
a safe, healthy, efficient, low-maintenance, technologically advanced facility is created is in the
interests of the County, the Sheriff’s Office, pre-trial detainees, convicted citizens, and the public.

Booking	Process	
Recommendation:	Invest	in	technology	for	an	electronic	booking	process	to	facilitate	
access	to	information	on	inmates.	
The Office very much needs a digital booking process. The current process is difficult to access,
inconsistent, and inefficient. The current process is essentially a manual process with no checks
and balances.

Committee Recommendations Page 9
Waller County Sheriff’s Office
An electronic process can allow officers to document initial booking information (name, date of
birth, social security number, place of residence, next of kin, employer information, etc.), attach
a “mug shot” via a computer camera, print identification and cell tags, catalogue property for
safekeeping, record fingerprints, record health screening information, and record information
obtained or developed during the inmate’s stay. Information as to what other inmates a defendant
should not be in contact with can be made part of the system. Presently, this information exists in
a number of different places, and they are not electronically “linked” together. The lack of
electronic information creates manual deficiencies and allows for greater mistakes.
In short, the jail runs on information. When information is not available to those who need it,
they cannot be expected to make the right decisions or take the right actions. Having all the
necessary information on any inmate available at the touch of a button will ensure that jailers
have clear information, reducing mistakes, stress, and wasted effort.
The committee has learned that the District Attorney’s Office is utilizing an electronic document
management system, Document Logistix. It appears that the jail may be able to utilize this same
software which would then more easily integrate with the District Attorney’s Office during the
charge process. Additionally, it may ease the sharing of information between the two office’s.
This avenue should be explored as it would solve the problems associated with a manual booking
process, and it may provide cost savings over purchasing or developing a stand-alone system.
Though we encourage the consideration of integration with the District Attorney’s Office,
caution should be taken to ensure information is secure and not all accessible across departments.
For example, some medical information on inmates may be sensitive, protected, or otherwise not
available except upon specific request. Additionally, if medical information is known to be
instantly accessible by prosecutors, inmates may be reluctant to be candid in their disclosures.

Digital	Reporting	from	the	Field	
Recommendation:	 Invest	 in	 technology	 to	 allow	 deputies	 to	 access	 records	
electronically	 and	 enter	 offense	 reports	 without	 the	 necessity	 of	 returning	 to	 the	
Office.	
With the technological advances available to law enforcement, deputies can be made
significantly more efficient. Currently, deputies are required to return to the station to enter
offense reports. With drive time to and from the station, this takes the deputy out of service for
other calls for an extended period of time. Waller County vehicles should be equipped with
laptops and appropriate wireless or cellular technology to allow officers to file reports digitally

Committee Recommendations Page 10
Waller County Sheriff’s Office
from the field. This technology is relatively inexpensive and is being widely used nationwide by
large and small departments alike.
The flow of information works both ways. Having computers in their cars also allow deputies to
see search and arrest warrants, photos of suspects, their vehicles, their homes, etc., and allows
them to consult with other officers and supervisors more readily.

Public	Information	Officer	
Recommendation:	 A	 single	 point	 of	 contact	 for	 public	 information	 allows	 the	 Office	
to	present	information	more	clearly	and	accurately.	
The Office should speak to the public and the media through a Public Information Officer, to
ensure that all communications are carefully crafted and presented. The job of Sheriff does not
require or imply the skills necessary to carefully communicate to the media. A professional
spokesperson should be tasked with providing information to the media and public, handling
Open Records requests, and improving communications between the public and the Sheriff’s
Office. While this need not be a full-time position, an individual with a background in journalism,
marketing or communications should be appropriate. A public information officer should be
tasked with maintaining the public’s confidence by serving the public interest and putting the
public trust before all else while adhering to the highest standards of honesty and accountability
and striving to present information in a clear, concise and credible manner.

Separate	Jail	Administration	and	Policing	Duties	
Recommendation:	To	the	extent	possible,	jail	administration	and	policing	should	be	
separated.	
Policing, and Jail Administration, are distinct functions with very little skill set carryover. There
should be a designated deputy in charge of all jail operations, and that individual should receive
extensive training in jail operations. Jailers (who need not be deputies) should be focused on
providing a clean, safe, humane and secure facility. Deputies should focus their efforts on law
enforcement. These functions are not so intertwined as to be performed by the same staff.
Presently, many deputies serve in both positions, alternately. It is the sense of the committee that
most deputies became law enforcement officers to serve in the policing function, not the jailing
function. As the County (and accordingly, the jail) continue to grow, a greater division of labor

Committee Recommendations Page 11
Waller County Sheriff’s Office
would appear both more efficient, and more effective, and increase the quality of work of both
jailers and law enforcement personnel.
Inmates should have an Ombudsmen to turn to when problems arise. At present, there is no one
source inmates can go to when they believe they have been treated in a manner other than that
prescribed by policy and the rules.
The committee recognizes, however, that separation of jail and policing may be logistically and
financially impossible in many counties, especially smaller counties. To that extent, the Office
should consider whether to separate staff rather than having deputies serve both areas. In the
event that deputies must continue to serve both jail administration and policing, the Office
should ensure that all deputies are adequately trained in both areas.