Costly New Bail Bills Would Needlessly Jail More People

On a recent Wednesday, as many Texans were beginning their workday, a Texas Senate committee voted to make their lives harder. The committee advanced a dangerous package of legislation that would throw legally innocent people in jail, leaving taxpayers to foot the bill. These policies pose a threat to Texans’ freedom, safety, and tax dollars, and they must be defeated.

At the heart of this issue is cash bail. If you are arrested, the court may set an amount of money that you must pay to be released from jail before trial. By setting a price for freedom, two systems are created: one for people with money and one for everyone else. If you can afford bail, you walk free. Those who cannot, stay in jail—even if  accused only of a low-level, non-violent offense. These are decisions based entirely on money, not safety or justice.

On any given day, Texas county jails detain over 53,000 people who are simply awaiting adjudication. These Texans remain behind bars not because they pose a risk or have been found guilty of a crime, but simply because they cannot afford bail.

Rather than “innocent until proven guilty,” cash bail means “guilty until proven wealthy.”

Bills recently passed by the Texas Senate Criminal Justice Committee—and then the Senate—would make this situation worse. They include Senate Joint Resolution 5, a proposed amendment to the Texas Constitution. Judges should be able to detain someone before trial if there is clear and convincing evidence that the person poses a danger to others. But this amendment would lower the standards for putting Texans in jail, even if a judge suspects there’s a slight chance that they might miss a court date.

Another bill, Senate Bill 9, would take away more Texans’ freedom. Judges should be able to make decisions on a case-by-case basis, taking into account the individual details of each situation. But this bill would tie judges’ hands by forcing them to jail Texans accused, but not yet convicted, of certain offenses. Instead of encouraging common sense, it demands a one-size-fits-all solution.

These dangerous proposals are an attack on Texans’ freedom, safety, and tax dollars. More people will be thrown behind bars, sitting in jail for weeks, months, or even years at public expense. More people will lose their jobs, their homes, and custody of their children. This could happen to your friend, your family member, or even you.

Let’s not forget that the Lone Star State is a strong supporter of the Second Amendment. Texas has the most registered guns in the nation (about 550,000), with 1 in 3 households owning firearms. But under Senate Bill 9, anyone charged with unlawful possession of a firearm would be forced to pay to get out of jail—even if wrongfully accused.  And if this happens to you, Texas jails are so overcrowded that you could be sent to a different county or state.

Governor Abbott and state lawmakers are pushing for these bills under the guise of public safety, but the reality is that these bills will make Texans less safe. A 2017 study in Harris County found that “those detained pretrial are more likely to commit future crime.” That includes a 30 percent increase in new felony charges and a 20 percent increase in new misdemeanor charges. People repeatedly encounter the criminal justice system partly because jail is a destabilizing experience tied to job loss, housing instability, and a worsening of physical and mental health conditions.

If these bills become law, Texans should expect their taxes to go up. Housing a person in jail costs an average of $62.41 per day.  It already costs Texas taxpayers $3.3 million every day and $1.2 billion every year to keep people in jail. By looking up more people, this proposed legislation will increase that burden. At a time when many Texans struggle to pay for groceries and housing, we cannot afford that.

Rather than throwing away more money on unnecessary jail stays, we should explore how to  safely release people while they await adjudication. Thousands of Texans have been released without incident, returning to their jobs and families while the charges against them are pending. Take Marcella from Houston, who was struggling with addiction and kidney cancer when she was arrested for missing a court date. After her bail was set at $10,000, she spent four months in jail until The Bail Project heard about her plight and paid her bail. A judge later dismissed her case due to lack of evidence.

Politicians are playing a dangerous game with your freedom, your safety, and your money. Texans should not give in. We deserve a system that treats people fairly, puts real safety first, and spends taxpayer money wisely.

Image: flickr by Beatriz Alvarado
This op-ed originally appeared in the Texas Observer.