In a new Houston Chronicle op-ed, Emma Stammen warns that Texas’s Prop 3 must protect due process, not pack jails.
“The debate over whether these changes are a good idea is over. The question facing Texas courts today is much simpler and more consequential: will judges follow the law voters approved? Or will they use their new powers to keep more Texans behind bars and increase our state’s jail population?”
This urgent question sits at the heart of a new op-ed in the Houston Chronicle written by Emma Stammen, Policy Strategist at The Bail Project. As Texas begins implementing Proposition 3, Stammen explores the tension between the law’s promised due process protections and the reality of courtroom culture.
While Prop 3 was marketed as a way to raise the standard for pretrial justice – requiring “clear and convincing evidence” before detaining someone, guaranteeing legal counsel at pretrial hearings, and requiring judges consider reasonable conditions of release before resorting to detention – it also expanded the list of offenses for which a person can be held without bail. As Stammen points out, constitutional language does not enforce itself; it requires judges to actively resist the “path of least resistance” that leads to mass incarceration.
The Stakes of Implementation
The data highlights why this transition is so critical. Currently, more than 70% of people in Texas jails have not been convicted of a crime; they are simply waiting for their day in court because they cannot afford to pay for their freedom.
If judges fail to strictly apply the “least restrictive conditions” required by the new law, the consequences will be felt immediately. Projections for Harris County alone suggest the jail population could surge by nearly 2,000 additional people by the end of 2026.
A Lesson from Harris County
Stammen points to Harris County’s past as both a warning and a roadmap. Before federal intervention, the county operated like an “assembly line,” setting bail based on charges rather than individual circumstances. Following reform, the county saw:
- Fewer people in jail
- No spike in violent crime
- Improved court appearance rates
- Millions in taxpayer dollars saved
“Prop 3’s implementation isn’t the finish line—it’s the starting gun,” Stammen writes. To ensure the new law works for the people and not against them, we must demand transparency, proper training for magistrates, and a justice system that prioritizes liberty over administrative ease.
Read Stammen’s full op-ed in the Houston Chronicle: “Texans voted for a better bail system. Will Harris County judges deliver?“
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