LIBERTY AND JUSTICE PRETRIAL PRACTICES IN TEXAS

Personal Bond Supervision
Figure 2 shows the large
majority, nearly 60%, are
released on personal bond
with no financial
requirements beyond a $40
one-time fee. 12 Most (41%)
receive no further oversight
prior to trial.
Figure 2 . Risk-Informed Pretrial
Release System (Travis County, n=61,936)
Three of every five pretrial defendants in
the risk-informed system are released with
no financial conditions.
29%
8%
3%
Financial Bond, No Supervision
An additional 8% have
Financial Bond with Supervision
minimal monitoring
requirements, typically
Personal Bond, No Supervision
involving intermittent checkins
with a pretrial officer.
Personal Bond with Supervision
Personal Bond, Minimal Monitoring
The type (face-to-face or by
Detained
phone) and frequency of
contact (weekly, bi-weekly, or only on court dates) is set at the officer’s discretion.
10%
8%
41%
One in ten people is required by either the courts or by statute to submit to more rigorous forms of oversight to
qualify for personal bond. For these, vehicle interlock devices, electronic monitoring, GPS monitoring,
continuous alcohol monitoring devices, or drug testing may be assigned as conditions of release.
Defendants with substance abuse or behavioral health concerns identified by the TCU Drug Screen or the
ODARA are referred to the county’s Counseling and Evaluation Services Department (CES) for a more
comprehensive evaluation. Therapeutic services to help defendants make court appearances and avoid new
criminal activity are required as a condition for 24% of people booked, almost all of whom are on personal bond.
Surety Bond Supervision
Eight percent of Travis County defendants are released without oversight on a cash or surety bond. An
additional 3% have formal supervision requirements (e.g., vehicle interlock, electronic, or GPS devices or drug
testing) that are monitored by pretrial program staff. In general, these are individuals with a right to bail under
the Texas Constitution, but who have been identified during the risk assessment process to be at risk of flight or
the commission of a new crime if they are released. 13
12
The personal bond fee was increased from $20 to $40 beginning in FY 2016. Payment is due within 2 weeks of release
from detention, but it may be waived for people who demonstrate they are unable to pay.
13
The Texas Judicial Council’s Recommendation 3 would amend the Texas Constitution to create a legal avenue to hold
people with high assessed risk without bail pending trial.
10