LIBERTY AND JUSTICE PRETRIAL PRACTICES IN TEXAS

Detention of Low-Risk Defendants
Figure 8 shows even
greater differences in
classification error among
people detained. While
37% of people jailed in riskinformed
Travis County
could have been safely
released, in Tarrant
County’s money-based
system the number rises to
46%. Detention of low-risk
individuals because of their
inability to pay puts them
at a disadvantage relative
to their more affluent
peers, 25 and drives up jail
costs with no return in
improved court appearance or public safety.
Summary
Figure 8. Detained Defendants
46% 37%
High-Risk People
54% 63%
Financial Release System
(Tarrant County)
(n=32,287)
Low-Risk People
(should have been
released)
(appropriately
detained)
Risk-Informed Release System
(Travis County)
(n=17,501)
The power of risk assessment lies in its ability to decide pretrial release by the objective likelihood of bail failure
rather than by wealth. This study finds risk scores help judges detain more high-risk people – an outcome shown
in Finding 4 to be associated with real reductions in criminal activity. Conversely, risk assessment reduces
“poverty holds” that elevate the chance of conviction and lengthen sentences among those without money to
get out of jail. 26 Valid tools give judges accurate information about defendants’ likely behavior on bond, helping
them make decisions that increase fairness, and as Finding 4 shows, improve public safety while reducing costs.
25
See generally, Finding 5.
26
Supra notes 1-5.
21