Harris County Detains Low-Risk Offenders With No Reason
The Harris County Jail is overflowing. Grits has previously argued
that the local elected prosecutor and judges are mostly to blame.
Now it turns out that many jail residents are low-risk defendants who
don't need to be there, but who remain incarcerated because they can't
make bail.
Via Solutions for Texas, we discover this recent report (Word doc) by
the Justice Management Institute analyzing Harris County's "Pre-trial
services" division. According to that analysis, the "unnecessary
detention of low-risk defendants" contributes signficiantly the jail
overincarceration problem. I might look at parts of this more
carefully later on today -- it has a lot of useful history and
background if you care about the Harris County Jail situation -- but
Ann pulled the money quote pinning overcrowding blame on county bail
policies:
the existence of this large block of apparently low risk defendants
in detention should be a cause for concern. To the extent that
defendants who pose no significant risk of nonappearance or of
danger to public safety remain in pretrial detention because of
inability to post bond, the County incurs significant and
unnecessary costs for the operation of the jail. Such detention
also appears to be contrary to Texas law requiring individualized
consideration of the circumstances of each defendant in setting
bail."
Hmmmm ... so Harris County's bail policies are "contrary to Texas law"
and generate "unnecessary costs." A two-fer.
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