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Bail Reform Desperately Needed in Texas as Thousands Languish in Jail Awaiting Their Day in Court

Aug 16 2016
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The Harris County Jail (HCJ)is the third largest jail in the United States, and the largest in the State of Texas. It houses roughly 9,000 inmates, nearly 7,000 of whom are pretrial detainees, of which close to 80 percent are unable to make bail.

77% of Detainees in Jail Because Cannot Afford Money Bail

According to the Office of Criminal Justice Coordination, Harris County—Jail Population March 2016 Report, about 81 percent of the jail’s population was arrested for misdemeanor offenses, half of whom will remain in jail until a final disposition of their case because they were unable to make bail.

Life in the HCJ is both brutal and distressing.

Harris County Jail Unconstitutionally Inadequate

According to a civil rights lawsuit (“lawsuit”) filed in U.S. District Court here in Houston this past May by local attorney Neal S. Manne, working along with Equal Justice Under Law, challenging the county’s bail system, the HCJ has a “documented history of abuse by jail guards, deaths and suicides … and inadequate training of jail staff, and lack of access to medications and medical services. For years, the County has been aware of these intolerable conditions, which exist largely because of the overcrowding resulting from the volume of inmates because they cannot afford to pay money bail. It has failed to remedy them.”

Current Bail Regime Forces Pleas

Harris County operates a wealth-based bail system that serves the interests of a manipulative bail bond industry; a corrupt jail system whose caretaker, the sheriff’s office, needs a bloated budget ($456.5 million for 2016, including a $9.5 million increase for overtime) to cover $8.2 million for jail food, $11 million for pharmaceuticals, and $8.4 million for psychiatric services; and to pay the salaries ($131,518 annually) of five Harris County Criminal Law Hearing Officers who are charged with making probable cause determinations and setting bail pursuant to the county’s inflexible bail schedule—a system, we believe, was intentionally designed to reward those with financial resources and penalize those in poverty by forcing pleas and moving cases through the system..

African Americans, who make up 19 percent of Harris County’s population, comprise 48 percent of HCJ’s population. The remaining 52 percent is mostly Hispanics and whites.

Pleading Guilty to Escape Deplorable Conditions

The lawsuit reports that 77 percent of these inmates, despite their presumption of innocence, remain in the jail awaiting final disposition of their cases because they cannot make bail. Most of them will bring their cases to resolution through a plea agreement in order to escape the deplorable conditions of the HCJ. This is especially so for the 500 offenders arrested on misdemeanor charges on any given night who simply want to get out of the HCJ as fast as possible.

There are essentially four kinds of bail in Harris County:

  1. Cash Bond – the full amount of the bail posted in cash either through a cashier’s check or a money order.
  2. Surety Bonds – bail posted through an approved Harris County bonding organization that charges a fee for its services.
  3. Personal Bond – a defendant’s release is based on his/her own promise that he/she will show up for trial (or other mandatory attendance proceedings) and no security is required. This bond is also known as a “personal recognizance bond.”
  4. Pretrial Release Bond – personal bond granted by the judge based on information received from Pretrial Services which generally has strict conditions attached.

In order to get bail under this regime, all arrestees must appear before what local attorneys refer to as “magistrations,” “Article 15.17 hearings,” or “probable cause hearings.” These hearings proceed quickly, sometimes lasting less than a minute. The hearing officers do not allow opportunity for an inquiry into the arrestee’s financial condition or personal history. The amount of bail is set strictly within the Harris County Bail Schedule, which is pre-determined by nature of offense and criminal history. Hearing officers routinely tell arrestees that they will not entertain arguments about deviations from the schedule. To make matters worse, virtually all people “magistrated” are done so without counsel and not allowed an opportunity to argue for reasonable conditions of release.

Personal Recognizance Bonds Granted in Only 8% of Cases

While the hearing officers have the power under the law to allow a personal bond in misdemeanor cases, the lawsuit says they do so in less than 8 percent of the cases. County bail policies do not encourage personal bonds, so these determinations are made without any inquiry into the misdemeanant’s financial resources or personal background.

Delays, Delays

Even for the roughly 8 percent granted a personal bond, release does not come immediately. Pretrial Services, says the lawsuit, can take days or a week just to “verify” a defendant’s references—and if a reference is not verified, the defendant remains in the HCJ until he/she can make the money bail.

Forced to Plead Guilty

The inflexible hearing officers, the inordinately restricted probable cause hearings, the wealth-based bail schedule, and horrible conditions in the HCJ all undermine the constitutional presumption of innocence and literally force thousands of defendants, guilty or not, to plead guilty to get from under this sledgehammer of injustice.

Reasonable Alternatives, Save State Money

The lawsuit points out that “other jurisdictions employ numerous less restrictive methods of maximizing public safety and court appearances when necessary to guard against a particular risk. These include: unsecured bond, reporting obligations, phone and text messaging reminders of court dates, rides to court for those without transportation or a stable address, counseling, drug and alcohol treatment, batterer intervention programs, anger management courses, alcohol monitors, or, in extreme cases of particular risk, electronic monitoring, among other services.

“Other jurisdictions also employ non-monetary conditions of release, including unsecured or ‘signature’ bonds, … stay-away orders, curfews, or even home detention.”

These alternatives to pretrial jail detention are available to Harris County hearing officers and judges but they choose, for a host of self-serving reasons, not to utilize them, even for impoverished misdemeanants.

We should note that this past April Harris County District Attorney Devon Anderson unveiled what the Houston Chronicle called “a sweeping plan … for criminal justice reform aimed at keeping low-level, nonviolent offenders out of the crowded [HCJ] and reducing the burden on poor and minority defendants.”

The plan is funded to the tune of $5.3 million with an additional $2 million grant from the MacArthur Foundation.

The most significant component of this plan will be the creation of a diversion court to handle about 8,000 nonviolent cases. If administered correctly, this should slightly ease some of the criticism about the racial disparities so inherent in the current wealth-based criminal justice system.

“As research continues to mount on the negative impact that jail and prison can have on low-level offenders, the mentally ill, and communities of color, [Harris County] can no longer afford to operate with a ‘business-as-usual mentality,” Anderson told the media. “As in most jurisdiction, people of color are overwhelmingly represented in the Harris County jail.”

More is Needed, Bail Reform

These local efforts, while ostensibly well intended, fall well short in addressing a massive problem. We would encourage state lawmakers to take up the task in the next legislative session to statutorily mandate pre-trial release for all first time, nonviolent offenders, without requiring cash bond or security. Pre-trial release on one’s own recognizance should be presumed until the state can point to demonstrable reasons that this would not sufficiently secure a defendant’s appearance at court or would pose a risk to society.

We would also urge increased pretrial diversion efforts for low-level, nonviolent offenders that would prevent unnecessary incarceration and allow low level, first time offenders an opportunity to “pay their debt to society” without creating the lifelong stigma of a criminal arrest and conviction.

The Harris County Bail Schedule is not only obsolete but constitutionally unfair. It is far past time that serious bail reform. In the meantime, Harris County hearing officers must be required to slow the ridiculous speed of their probable cause hearings and to utilize personal bonds. They need to earn their $131,000-plus salary with the effective administration of justice, not rubber-stamped allegiance to an outmoded, racially and economically insensitive bail schedule. We understand they are busy and these are crowded dockets, but we are also mindful that these “arrestees” are human beings, with families, jobs and lives that that must be considered and respected.

*

HARRIS COUNTY BAIL SCHEDULE

The Harris County Bail Schedule is made up of categories:

  1. Kind of Offenses:
  • Capital Offenses no bond
  • Murders not particularly specified below $50,000.00
  • All first degree felonies not particularly specified below $20,000.00
  • All first degree felonies with prior conviction $30,000.00
  • All first degree felonies committed while on bail for any offense No bond
  • All second degree felonies not particularly specified below $10,000.00
  • All second degree felonies with prior conviction $20,000.00
  • All second degree felonies committed while on bail for any offense No bond
  • All third degree felonies not particularly specified below $ 5,000.00
  • All third degree felonies with prior conviction $10,000.00
  • All third degree felonies committed while on bail for any offense No bond
  • All fourth degree (State Jail) felonies not particularly specified below $2,000.00
  • All fourth degree (State Jail) felonies with prior conviction $5,000.00
  • All fourth degree (State Jail) felonies committed while on bail for any offense No bond
  1. Other Situations:
  • Felony DWI with previous felony DWI conviction Double bond amount for each DWI conviction
  • Multiple counts Separate standard bail each offense in the transaction
  • Persons on felony probation for any grade felony No bond
  • Any 3g offense or where deadly weapon alleged $30,000.00
  • Person with deportation history or undocumented presence in United States

$35,000.00

  • Motion to Revoke Probation No bond
  • Motion to Adjudicate Guilt At judge’s discretion
  • Large quantities of control substances or stolen property Double the value of the large quantities of controlled substances or stolen property

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    Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
  • Avatar S A ★★★★★ 4 years ago
    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★ 4 years ago
    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
  • Avatar Saman Daftarian ★★★★★ 4 years ago
    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
  • Avatar calvin robinson ★★★★★ 4 years ago
    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
    Responsiveness, Professionalism …More
  • Avatar Alan Howk ★★★★★ 4 years ago
    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
    Responsiveness, Professionalism, Value …More
  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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