A recent case in Dallas County highlights a gap in Texas law that allows some jail-related deaths to go uncounted. Diane Bailey, 74, died three weeks after suffering a stroke in the Dallas County jail, but her death will not be counted as an in-custody fatality because she was released from custody before she died.

Legal Loophole

Texas law requires independent investigations only when people die in custody, which means that if someone is released from custody before they die, the circumstances surrounding their death may not be investigated. This loophole can incentivize sheriffs to release injured or ill people before they die, in order to avoid scrutiny and the financial burden of medical care.

Reba Bailey, Diane’s daughter, is seeking answers about her mother’s death. She wants to know what happened to her mother in jail and why she was released from custody before she died. The Dallas County Sheriff’s Office has not provided Reba with the information she is seeking, citing confidentiality.

Pattern of Practice

Advocates say that this is not an isolated incident, but rather part of a larger pattern of practice in Texas. The Texas Jail Project has identified 25 unreported jail deaths across the state, and many of these cases involve people who were released from custody before they died.

Krish Gundu, executive director of the Texas Jail Project, says that the legal loophole entices sheriffs to release incarcerated people before they die, even if it means using measures that are not legal. In some cases, sheriffs have released people on no-cost bonds when they were not healthy enough to sign the document.

The Texas Commission on Jail Standards is authorized to investigate all in-custody fatalities, but the law does not allow regulators to compel an investigation if the death occurs after a person is legally released from custody.

Original reporting: Texarkana Gazette — read the source article.