According to the Texas Administrative Code 37.7.255 §255.1
, a temporary jailer's license can be issued to someone who applies and pays the fee. The difference between a jailer's license and a temporary jailer's license is that the temporary license "meets all the minimum standards for licensure except for training and testing." Essentially, a temporary jailer's license allows one to act as a jailer
for up to a year by applying and paying the fees and without taking any testing or training.
This insight about the amount of unlicensed guards at CBDC does not seem too surprising for this facility which was plagued with staffing issues in the past. In 2009 the facility had two rounds of layoffs. The first round released 35 facility employees
from their jobs in order to compensate for their high rate of vacancy (and thus lower income). Then the facility hired more employees
in order to compensate for a large influx of inmates that were supposed to help fill the facility, which resulted in an over-staffing problem and subsequently a second round of layoffs
to the tune of 26 employees shortly after the prison failed their inspection and had a new Warden appointed. This facility's history of rapid employee turnover paired with every private prison's drive to profit makes the fact that the facility has 72% of guards still uncertified less shocking. What is shocking, however, is how a facility can even function with such a large percentage of untrained, untested guards.
Uncertified, greenhorn jailers are going to be cheaper to hire because they lack the necessary experience that would warrant higher pay, as opposed to a more seasoned veteran guard. Paying guards less in salaries means higher profits. With so many inexperienced guards in one facility it is no surprise that an inmate could walk out of a facility without falsifying their identity. However, this situation is still an improvement upon when the facility failed its inspection on 17 counts of misconduct. One of those violations entailed 24 guards not having a jailer's license at all -- temporary or permanent -- simply hired hands without any training or authority.
This situation is also dangerous because it holds the County liable for the actions of the jailers who are acting under the color of the law. The Dallas Morning News states
, "If an inmate is injured in an encounter with a rookie guard, for example, the county could be held liable for failing to properly train the guard." The longer the facility goes without training these guards, the longer Nueces County is liable for the actions of ill-prepared prison guards.
These types of hidden costs of private prisons are often overlooked when governmental agents construct new private prisons and expect them to be "no cost solutions" to their prison system woes.