Courts challenge Abbott over jail ‘good time’ credit policy

Up to 129 inmates could be released from the Harris County Jail against a statewide emergency order that has kept some defendants in custody past early release dates earned from “good time” credits, according to the Harris County Sheriff ’s Office.

Already, judges have ordered the release of 37 of those qualified inmates, said sheriff ’s office spokesman Jason Spencer. Judges overseeing cases for the remainder of those people have been informed that they are eligible.

“The Sheriff’s Office continues to process such release orders as they are received,” Spencer said.

The inmates’ sentences ended early using “good time” credits — commutations that the sheriff’s office issues for displaying good conduct — as allowed by the Texas Code of Criminal Procedure.

County jails can provide credit for up to one-third of a person’s sentence, according to the state code. In an order to release the eligible inmates in his court, state District Judge Brian Warren noted that people regularly take plea deals understanding they could be released sooner if they accumulate enough credit.

Some of those inmates recently found that their sentences had tripled in length, Warren said. That stemmed from an executive order Gov. Greg Abbott issued on March 29 in anticipation of Harris County’s plan to release some inmates from the jail, which was tagged early on as a potential hotspot for coronavirus spread.

Abbott’s directive widely prevented the release of “dangerous criminals” convicted or charged with violent crime — though local officials had never suggested taking that course of action.

In his order, Abbott suspended the statute that allows people to be released on good time credits if they have violent convictions. Those inmates are still able to accumulate good time credits during the course of the order, however.

Warren is one of several judges who have requested that his inmates be released. In late May, he issued an order finding that Abbott’s order exceeded his authority under the Texas Disaster Act of 1974 and violated separation of powers clauses under the state constitution. The sheriff shouldn’t find the order to be binding, he said.

Abbott’s office did not return requests for comment.

The county attorney helped advise the sheriff’s office in its decision to inform judges of inmates who qualify for early release, said Robert Soard, first assistant to county attorney.

“The office of the county attorney has worked with the sheriff, public defender and others on obtaining the release of as many inmates as we can during this COVID crisis,” Soard said.