In an informational presentation on April 9 at the Goodwill Heights Career Center, Monique Joseph, Holistic Services Director for Restoring Justice, presented valuable insight into changes in the bail process in the Texas Criminal Justice System.

Many people know the basics, but not the specifics, about the money bail process and are surprised when they learn exactly how it works and how Texas State Bill 6 has drastically changed people’s access to pre-trial freedom.

First, there are several common situations that can lead to a person’s arrest.

• The officer observes a person committing a crime

• The officer has probable cause to believe a person committed a crime

• The officer has an arrest warrant

After one of these situations, the arrested individual is booked at Harris County Jail, read their Miranda rights, and questioned by Police.

Depending on the charges, a hearing is set where bail may be assigned. Bail is the amount of money a client must post to be released from custody until their trial date. Bail is not always a monetary amount, but can be in the form of collateral such as homes, cars, jewelry, etc. A binding promise to appear, along with maintaining all the conditions that accompany a bail, can be all that is required.

The primary reason courts rely on a monetized bail system is to incentivize the individual to return for their court date. However, bail as an incentive is meaningless if not individualized. One arrest is made every three seconds, totaling more than 10 million arrests per year. Of these arrests, 80% are for low-level offenses, while only about five percent of arrests are for violent offenses. Harris County uses a felony bail schedule with fixed bail amounts (not individualized to the arrestee.) This is problematic because lower-income individuals often can’t make bail, so they remain in jail while awaiting trial, while those in higher-income brackets can pay bail amounts and gain release. Money bail punishes the poor, not the guilty.

According to the Constitution, the 5th Amendment clearly states that those arrested are legally innocent until proven guilty, and bail amounts should not be intentionally high just to keep people in jail. By the time the accused goes to trial and is declared not guilty, many have lost jobs, homes, and sometimes, family connections.

The Bail Project found that 4.2 million people are held in jail each year simply because they cannot afford their bail. These 4.2 million people are 33% more likely to take a plea deal as opposed to those who are not detained pre-trial.

According to the Prison Policy Institute, 99% of the total jail growth in the last 15 years was in the detention of people who are legally innocent.

Houston, we have a problem!

When guilt or innocence is influenced by one’s ability or inability to post bail, we are not truly addressing crime, but instead, punishing people who are poor more harshly than those who can afford their bail.

According to the Texas Center for Equity and Justice, in a single week in January 2023 in Harris County alone, 5,826 people were placed in Harris County jails because they couldn’t afford money bail, even though it is illegal to detain someone solely because they are poor. That’s 3.5 million of our local tax dollars being used for illegal pre-trial detention.

Pretrial detention takes a huge toll on the person being detained and their families. Our overcrowded jail with minimal resources and staff has proven to be inherently more dangerous to both the physical and mental health of those being detained. Lengthy pre-trial detentions lead to unnecessary loss of employment, housing, and family connections for individuals who are, many times, already strapped and stressed.

Pre-trial detention can change the trajectory of a case by increasing the likelihood of pleading, longer sentences, and difficulties with the investigation.

Texas Bond Law SB 6, passed in 2021, claimed to prioritize public safety by removing cash bail for violent and serious offenses. This means that, despite one being legally innocent, they do not have access to any bond while waiting for their date in court. SB6 also removed potential assistance from charitable bail organizations for all charges, even non-violent crimes.

That leaves two options for getting out of jail while awaiting trial: the full cash bail amount paid directly to the jail or a bail bond company, the latter of which is available only to those who can afford to pay 10-20% of the bail amount. In essence, those with higher incomes can still gain freedom awaiting trial. Those who cannot, and those most likely to seek the assistance of charitable bail organizations, now must stay in jail until their trial dates.

Making arrested individuals remain in detention because they can’t post bail is in direct contradiction to the Constitutional Rights set forth in the 5th Amendment, which says those accused are “innocent until proven guilty,” and the 6th Amendment, which says those accused “have the right to a speedy and fair trial.”

What can we do?

• Pay attention to legislation and research exactly what it means! Don’t fall for fear-based narratives politicians and the media use to perpetuate these false narratives: Black and Brown people are more dangerous; violent crime is up; and jails and prisons are the only way to to deal with safety and justice.

• Provide release support for someone who has been released. Walk with people who have lived experiences.

• Vote in every election. Even local elections dramatically impact these types of issues.

• Consider donating to Restoring Justice as we are a faith-based, nonprofit organization that is still able to post bail. Restoring Justice is a 501(c)(3) nonprofit organization in Houston, that provides holistic and client-centered representation to marginalized members of the community facing criminal charges. This includes the provision of expert legal representation, social services, trauma-informed counseling, spiritual support, volunteer connections, and more.

For more on Monique, check her out on YouTube at https://www.youtube.com/watch?v=zG0e4TwGrcM