LIBERTY AND JUSTICE PRETRIAL PRACTICES IN TEXAS

Table 9. Information Sources Used by Counties that Conduct Pretrial Risk Assessment
Information Sources
Number of Counties
Using This Source (n=25)
Current Charges 25
Criminal History 25
Interview with Defendant 25
Interview with Others 14
Risk Assessment Instrument Yielding a Score 11
Risk Assessment Instrument Yielding a Validated Score 5
Other sources of information 44 5
Table 9 shows the sources of information that currently support judges’ pretrial release decisions. In the 25
counties that have an assessment protocol, the review is most commonly informed by current offense
information, criminal history, and defendant interviews. About half of bail assessments also involve interviews
with family members, landlords, employers, or others who know the defendant. Though risk assessments yield a
score in 11 jurisdictions, only 5 are proven by research to predict bail failure.
The kinds of information gathered from these sources are listed in Table 10. After offense and criminal history
data, factors considered may include indicators of community connectedness such as housing and employment;
personal risk concerns such as mental health, domestic violence, or substance use; and information about family
relationships.
Table 10. Pretrial Risk Factors Assessed
Validated
Assessments
(n=5)
Unvalidated
Assessments
(n=20)
Offense and Criminal History 5 20
Housing and Employment Situation 5 17
Mental Health Issues 3 16
Domestic Violence Issues 4 15
Substance Use 3 14
Family Relationship 4 10
Other Risk Factors Considered 45 2 5
In nearly three out of four jurisdictions that conduct pretrial risk assessment, judges have identified some
classes of defendants as ineligible for personal bond. Exclusion criteria include offense charged; bond amount
set by the court; defendants’ criminal history; prior prison sentence; probation, parole, bond, or warrant status
at the time of the offense; residence; or citizenship.
44
Other sources of information reported by five jurisdictions include the “continuity of care” mental health query
conducted at jail intake, Thompson Reuters Clear online investigation software, and locally developed pretrial criteria and
guidelines.
45
Other risk factors named by seven jurisdictions include prior failures to appear in court, pending charges, supervision
status at the time of the arrest, age at first arrest, gender, gang membership, holds, education, and telephone access.
39