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Parole Board: Prison guard shortage not a factor in release of hospital shooting suspect

Why are Texas prisons understaffed?
Why are Texas prisons understaffed? 02:22

DALLAS (CBSDFW.COM)  Texas prisons are understaffed with more than a quarter of positions for guards vacant, a fact one state representative is blaming for the release of inmates like the suspect in last weekend's deadly hospital shooting

"How was this guy out on parole?" asked Representative Rafael Anchia, of Nestor Hernandez who was arrested twice while on parole for aggravated robbery but repeatedly released before allegedly murdering two staff members at Methodist Medical Center.

Anchia has called for an investigation by the Texas State Auditor's office into the decision to keep Hernandez on parole, while floating his own theory.

"We have the jail capacity. What we don't have are the prison guards because we've raided the TDCJ fund in the legislature to pay for the governor's pet projects," he said.

The Texas Board of Pardons and Paroles says prison and staffing issues are not considered in their decisions, citing instead factors including the severity of an inmate's offense, the amount of time served, and their criminal history.

It did not provide information in what specifically was considered in the decision to release Hernandez.

The Texas Department of Criminal Justice, meanwhile, is facing a large staffing shortage with 30% of positions for correctional officers vacant.  In a request for pay raises, it labelled that shortage the agency's "most significant operational issue."

A recent agency report also shows the available operating capacity of Texas prisons has dropped in the last year from just over 13,000 to 4,300.

"The agency has ample capacity," a spokesperson wrote CBS11, reiterating in subsequent correspondence that the staffing does not dictate the number of inmates released.

TDCJ also said the $359 million dollars Governor Greg Abbott announced Thursday he was transferring from the agency's budget to fund his Operation Lone Star wouldn't negatively impact it, as it expects to receive the same amount of money for pandemic related expenses.

Governor Greg Abbott's office did not respond to a request for comment.

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