Opinions split on plan to revamp bail system

Some in Houston raise concerns about safety

HOUSTON — Both law enforcement officials and advocates in Texas’ most populous county say they support efforts to change a bail system that was deemed unconstitutional by a federal judge and kept people arrested for lesser offenses languishing in jail.

But there is deep disagreement about whether a proposed settlement to a lawsuit over bail for misdemeanor defendants in Harris County, where Houston is located, is the best solution.

Criminal justice reform advocates and some public officials say the court-supervised plan, called a consent decree, will end policies that kept poor people and minorities locked up only because they couldn’t afford to pay a few hundred dollars for their release and coerced many to plead guilty just to get out of jail.

But Harris County’s top prosecutor, along with Houston’s police chief, Texas’ attorney general and others say the consent decree doesn’t do enough to protect crime victims and will endanger public safety by freeing violent criminals.

Final arguments for and against the plan are scheduled for Monday before U.S. District Judge Lee Rosenthal, who will issue a final ruling later. She has already given it preliminary approval.

“The settlement is going to keep tens of thousands of people out of cages every year going forward, which is a really exciting prospect,” said Elizabeth Rossi, an attorney with Civil Rights Corps, a Washington-based nonprofit that sued Harris County.

The plan stems from a 2016 lawsuit, which is similar to ones filed in other states and is a part of a broader push in the U.S. for changes to bail systems.

The nation’s first law eliminating bail for suspects awaiting trial was set to go into effect in California this month, but it’s on hold until voters decide next year whether to approve it. Others states that have passed bail reforms in recent years include Delaware and New Hampshire. In Chicago, changes to the Cook County bail system have prompted criticism from the city’s mayor and police chief.

Harris County initially spent millions of dollars fighting the lawsuit. But after a Democratic wave in November 2018 that ushered in new county leadership, including new misdemeanor judges, both sides worked on a settlement.

In February, the misdemeanor judges put new rules in place stating that nearly all misdemeanor defendants would be released on personal bonds that require no money be paid, usually within a few hours after being taken into custody.

Under the new rules, people facing certain types of misdemeanors, including domestic violence and a second or subsequent driving while intoxicated charge, wouldn’t be automatically released and must appear before a magistrate judge.

The consent decree would solidify these new rules.