A judge ordered that inmates have been serving their time in conditions that violate their constitutional rights. Facilities have three years to make changes.

Earlier this month, The Texas Department of Criminal Justice shared that they have 38 units fully air conditioned and 53 units partially air conditioned. Those 53 units will need to be fully air conditioned by December 31, 2029. U.S. District Judge Robert Pitman said in the 150-page order that the Texas Department of Criminal Justice must immediately begin developing a plan for the installations. He ruled that a lack of air conditioning violates the constitutional right to not be given “cruel and unusual punishments.”

Texas Judge on Inhumane Conditions in Texas Prisons

“Witnesses in this case who had been incarcerated in un-air-conditioned Texas Department of Criminal Justice prisons described themselves and their fellow inmates getting sick, passing out, and reaching a level of desperation to cool off that made it ‘common’ to splash toilet water on themselves,” Pitman wrote in the ruling. “These are not humane conditions.”

Texas Department of Criminal Justice Plans to Move Forward with the Ruling

The TDCJ has no plans to appeal this judges order. They currently have 35,000 air conditioned beds in the state. It is expected to be 60,000 by the end of this year, and that the number will reach 90,000 in 2028 if everything goes according to plan.

TDCJ Policy for Extreme Heat in Texas

From April 15 through October 31, the TDCJ has what they call 'Enhanced Heat Protocols'. Inmates are screened for medical conditions or medications that could make them more susceptible to heat. Those inmates with a heat-sensitivity score receive priority placement for a housing area that is air-conditioned.Inmates are allowed access to respite areas and are allowed to stay in these areas as long as possible. Additionally, inmates have access to cold showers and are allowed to wear t-shirts and shorts in dayrooms and recreational areas.Chilled water and cups are always available to inmates.Inmates of all custody levels are allowed to purchase fans and cooling towels from commissary.

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