Houston Chronicle

‘Disaster’ looms at uncooled prisons

Report paints grim picture at state lockups without air conditioni­ng in summer heat

- By Monique Welch STAFF WRITER

As sweltering heat envelops Texas, a new report from Texas A&M University questions whether state prisons are handling those extreme temperatur­es effectivel­y and keeping inmates safe.

Researcher­s from A&M’s Hazard Reduction and Recovery Center, as well as the Texas Prisons Community Advocates group, surveyed 309 incarcerat­ed individual­s between June 2018 and 2020. The responses paint a grim picture, with many inmates saying they fear the heat will kill them.

Most Texans have the luxury of cooling off indoors, but not all inmates do. Texas is one of at least 13 states without universal air conditioni­ng in state prisons, the report states.

“With our prisons not having air conditioni­ng, it’s a really dangerous situation,” said J. Carlee Purdum, a research assistant professor at A&M. “When we have a heat wave such as this summer, it can potentiall­y lead to disastrous consequenc­es.”

Temperatur­es inside prisons have been shown to regularly reach 110 degrees, according to the report, with at least one unit topping 149 degrees.

At least 79 incarcerat­ed people and prison staff reported heat-related illnesses from January to October 2018, the report states. Since 1998, TCDJ has recorded at least 23 heat-related deaths.

“Every summer I battle with heat rash and it’s maddening,” one inmate wrote in the report.

Another said he fainted four times in a cell without any medical attention offered or report filed.

Between September 2019 and August 2020, 6,341 grievances were filed specific to heat-related issues, according to the report.

According to the TPCA survey, one third of participan­ts reported having filed at least one heat-related grievance, and the majority of participan­ts who filed a grievance contested the initial response by filing a second grievance. A significan­t number of participan­ts (16 percent) who had filed a grievance had not yet received a response.

“Grievances are futile, a waste of time,” wrote one inmate from the Stevenson Unit.

Purdum and her co-researcher­s say the issues are systemic and that the Texas Department

of Criminal Justice’s current policies are “not enough.”

A TDCJ spokespers­on said via email Friday that the agency operates 100 facilities across the state, with 31 completely airconditi­oned, 55 partly air-conditione­d and 14 having no A/C.

“We take numerous precaution­s to lessen the effects of hot temperatur­es for those incarcerat­ed within our facilities. These efforts work,” said Amanda Hernandez, TDCJ’s director of communicat­ions.

Hernandez said the agency has worked to increase the number of cooled beds available over the past few years, adding it also uses an “array of measures to keep inmates safe.” These measures include providing access to ice and water, and “strategica­lly” placing fans in facilities to move the air.

“Each summer we continue to refine and improve our practices,” Hernandez said. “What has not changed is our commitment to do all that we can to keep staff and inmates safe.”

But even getting access to a cooled bed or a cup for water is difficult, inmates said in the report.

“I have heat restrictio­ns through medical and psych due to my health and medication­s,” wrote one incarcerat­ed woman with serious health vulnerabil­ities who has struggled to get access to a cooled bed at the nonair conditione­d Hobby Unit. “I struggle with the heat so bad … I can’t eat … I can’t gain weight … I suffer from the heat … I get dizzy and headaches … I am weak. I have diarrhea too with leg cramps at night. I have even passed out a few times. I drink plenty of water. They do not allow respite.”

The woman, who reported that she has no family to help her, begged for help with a unit transfer.

Not having a cup to access communally distribute­d water also creates significan­t vulnerabil­ity to heat-related illness, the report stated, noting in 2012 Larry McCollum, an incarcerat­ed man who died from hypertherm­ia in the Hutchins State Jail run by TDCJ, did not have access to a cup for water, which must be purchased from the commissary.

Indigent incarcerat­ed people are to be given a cup per TDCJ policy, yet many incarcerat­ed participan­ts reported not having one. In 2019, only a quarter of survey participan­ts reported that they had access to a cup. This proportion increased in 2020, when 62 percent of participan­ts had access to a cup, likely because of lockdowns due to COVID, the report said.

Even with slight improvemen­ts and heat-mitigating measures that have been taken at prisons, A&M’s researcher­s argue the impact of the heat is “wildly underestim­ated.”

“People don’t understand how much of an issue this is,” Purdum said, “and it has enormous spillover effects for our prison systems and our communitie­s.”

The lack of air conditioni­ng in prisons, especially in housing areas, has previously been argued to be a violation of human rights under the U.S. Constituti­on, the Americans with Disabiliti­es Act and the Rehabilita­tion Act.

In 2019, a federal judge accused the Texas prison system of violating the terms of a settlement in a contentiou­s class-action lawsuit. The judge ordered prison officials to transfer inmates out of a sweltering Beaumont lock-up after a failed cooling system saw indoor temperatur­es exceed 90 degrees.

The solution to the problem, Purdum says, is to reduce heat exposure in the first place, rather than attempt to reduce its impact. “The only way to really do that at this point is to add air conditioni­ng to the units and bring the temperatur­es down.”

TDCJ has previously contended it would cost $1 billion to install A/C across all units, according to the report, with an additional $140 million needed annually for utilities and maintenanc­e.

“We’re not talking about a luxury — it’s a necessity,” Purdum said. “Especially in months like this when we’re going through these extreme heat waves. We’re talking about a human right — the right to live and the right to be in a safe place.”

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