LIBERTY AND JUSTICE PRETRIAL PRACTICES IN TEXAS

Recommendation 6: The Legislature should ensure that data on pretrial release decisions is collected and
maintained for further review.
Recommendation 7: The Legislature should expressly authorize the Court of Criminal Appeals to adopt any
necessary rules to implement the provisions enacted by the Legislature pursuant to these recommendations.
Recommendation 8: The Legislature should provide for a sufficient transition period to implement the
provisions of these recommendations.
The research summarized herein did not specifically inform the Committee’s Recommendations 6
through 8. Nonetheless, these measures appear reasonable to support the objectives of reform.
Summary
In conclusion, this study finds empirical support for the pretrial reform agenda put forth by the Texas Judicial
Council’s Criminal Justice Committee. Findings clearly show that with validated risk assessment, judges can make
more accurate custody decisions, releasing those who qualify and detaining have with a high risk of bail
forfeiture.
Risk-informed personal bond not only reduces detention of the poor, but they also help jurisdictions avoid the
high costs and trauma that occur when dangerous people make bail. Risk-based release, combined with a Texas
Constitutional amendment allowing detention without bail, give courts the tools and authority needed to keep
high-risk people off the streets while awaiting trial.
New funding will be needed to expand current pretrial supervision capacity for individuals of moderate risk, but
the existing statewide CSCD network offers a robust infrastructure upon which to build. Training for magistrate
judges and other local stakeholders will also be needed to provide education and guidance needed for
successful implementation.
When asked if they believe these changes are possible, most pretrial professionals and judges were optimistic. If
the outcomes observed in this research can be replicated statewide bail reform will be an effort worth
undertaking.
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