Ar;STIN 11. TEXAS w~.~I:d;l,T’,.:‘C c :.hBZ:,< 

.hTE<DX<N ,c:\ ~:*:.1rx1.,,. April 8, 1964 

Honorable Walter E. Wilson Opinion No. C-237 

County Attorney 

Ector County Courthouse Re: Whether the proposed Ector 

Odessa, Texas County Juvenile detention 

facilities meet the statuAttention: Michael D. Earney, tory requirements of ArtiAssistant cles 2338-l and 53.15 of’ 

Vernon’s Civil Statutes, 

as being separate and 

apart from adults, and as 

being suitably segregated, 

Dear Sir: and related question. 

Your request for opinion on the above subject matter 

indicates that a new jail for juveniles and women prisoners 

has been constructed in Ector County. The Commissioners* Court 

has not yet accepted the facilities from the contractor since 

there is some doubt as to whether the structural design of the 

building meets the requirements of the applicable statutes. 

Briefly the design of the jail is as follows: The 

juvenile boys, juvenile girls and women’s detention facilities 

are all located in one cell block. The cell block is similar 

to a cage, surrounded on three sides with steel bars and on 

the fourth, solid steel doors which serve as entrances to the 

padded and maximum security cells. The cell block itself has a 

concrete ceiling, which ceiling does not extend to the ceiling 

of the larger room in which the cell block itself is located. 

An open corridor extends around the cell block on those three 

sides surrounded by steel bars, and inside the cell block a 

corridor in the shape of a “TN separates the cell block into 

three cell areas, one for juvenile girls, one for juvenile boys, 

and one for adult women. Doors constructed of steel bars lead 

from the corridor to the respective cell areas outlined above. 

Your request contains the following questions: 

“(1) Do the proposed Ector County Juvenile 

detention facilities meet the statutory requirements of Arts. 2338-1, Sec. 17 and 5115e V.A.C.S. 

as being separate and apart from adults and the 

suitable segregation of males and females? 

-1148- 
Hon. Walter E. Wilson, page 2 (C-237) 

“(2) In the event that the proposed facilities do not meet’the requirements of Arts. 5’115 and 

2338-1, V.A.C.S. would the proposed alterations 

cause such facil!ties.to meet the requirements of 

Arts. 5115 and 2338-1, V.A.C.S.?” 

Section 17 of Article 2338-l of Vernon’s Civil Statutes, 

states as follows: 

“Sec. 17. No female person over the age of 

ten (10) years and under the age of eighteen (18) 

years, or any male person over the age of ten (10) 

years and under the age of seventeen (17) years, 

shall be placed or committed to any compartment of 

any jail or lock-up in which persons over juvenile 

age are incarcerated or detained; but shall be 

placed in a room or ward separate and apart from 

that occupied by adults. The proper authorities 

of all counties shall provide suitable place of 

detention for such juveniles separate and apart 

from any jail or lock-up in which adults are confined. Said detention place may be in the same 

building housing adults, or in a building separate 

and apart from that where adults are confined.” 

Article 5115 states in part as follows: 

I, 

. * 0 

“The term ‘safe and suitable jails, 1 as used 

in this Act, shall be construed to mean jails which 

provide adequate segregation facilities by having 

separate enclosures. formed bv solid masonry 

or solid metal wall . or solid walls of other compar a b 1 e m a teri a 1 , SE naratins witnesses from all 

a; classific tion of 

wd juveniles from adults; e e *‘I (Emphasis added). 

The detention facilities as now constructed do not meet 

the statutory reqllirements as set out above. Separate enclosures 

formed by solid masonry or solid metal walls do not separate the 

three classes of prisoners detained therein. Through the steel 

bars prisoners in any part of the cell block may freely converse 

and in some instances see prisoners in other parts. 

The suggested alterations as evidenced by Sketch No. 4 

include dividing the o en area above the cell block and the jailer’s walk-around into I: separate compartments. You propose to 

-1149- 
Hon. Walter E. Wilson, page 3 (C-237) 

accomplish this as follows: 

"(a) Attaching sheet steel on, top of the 

ceiling of the cell block on a line with the 

north edge of the cross of the internal IT'- 

shaped corridor, extending and attached to the 

solid masonry,walls on, the East or West. Such 

steel wall would extend from the top of the 

celling of the cell block to the ceiling of the 

main room. (Line B) 

l'(b) The erection of a steel wall extending from the north wall of the main room to the 

south wall of the main room on a line over the 

steel security door located at the south end of 

the cell block. Such steel wall would extend 

from the top of the ceiling of the cell block 

to the ceiling of the main room. (Line C) 

'l(c) Attachment of the steel wall to the 

frame of the steel security door at the south 

end of the cell block. (Line A) 

"(d ) Placement of a solid steel security 

door and frame on the east side of the cell block, 

attached to the steel wall at the south edge of 

the women's sleeping room and the new steel wall 

extending across the top of the cell block and the 

east wall of the main room. (Line A) 

'l(e) Installation of a solid steel security' 

door and frame on the west side of the cell block, 

attached to the steel wall on the south edge of 

the juvenile girls' sleeping room and the new 

steel wall extending across the top of the cell 

block. (Line A)" 

We have concluded that after the alterations are made, 

the detention facilities will meet the requirements of Articles 

2338-l and 5115. Four separate compartments would then be formed, 

each of which is completely enclosed by either solid steel or 

solid masonry walls. 

The detention facilities as described in your 

letter for juvenile boys, juvenile girls and women 

prisoners in Ector County do not meet the requirements of Articles 2338-l and 5115, Vernon's Civil 

-1150- 
Hon. Walter E. Wilson, page 4 (C-237) 

Statutes, as separate enclosures formed by solid 

masonry or solid steel do not separate the three 

classes of prisoners. 

The proposed alterations will result in separate compartments for the three classes of prisoners, each of which is completely enclosed by 

either solid steel or masonry walls and will therefore meet the requirements of the statutes above. 

Very truly yours, 

WAGGONER CARR 

FBW:mkh:wb 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Lloyd Martin 

Howard Fender 

Robert Smith 

Jerry Brock 

lr72& 

Fred D. Ward 

Assistant 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

-1151-