Our local bail system definitely needs a lot of work. Too often we find examples of defendants out on multiple bonds, this needs to change. We need accountability and consequences. I've said for the longest that we need to move to an intentional-based system of detention.
Risk is a critical factor to consider. IMO, Judges are not using tools & data at their fingertips. For example, a great deal of money & training has been dedicated towards the Pre-Trial Safety Assessment (PSA). While there may be valid concerns with the use of PSA's in general,
they can provide some solid guidance. Too often, we find defendants with high risk factors that are out and others that may otherwise be decent candidates for release (ie: non-violent, drug charges) stuck in jail. This is ineffective and extremely costly. For example, looking at
our local data, I see that over 1500 "pre-trial defendants" sit in jail all with "BELOW AVERAGE" risk scores, yet riskier more violent defendants are out. To me, it shows that risk is not being considered (judges not using PSA) and the ability for one to pay does not in itself
make us safe. We see many chronic offenders, only because they can make bail, cycle in and out our doors. Moreover, I hope state legislators change statutes to allow more defendants charged with serious crimes to be held without bond regardless of their ability to pay. There
could be checks and balances in order for this to pass constitutional muster, but I believe it can be done. We need more tools to make sure truly serious, violent and chronic offenders stay in jail during the pre-trial phase. On the flip side, let's come to terms with the fact
that we cannot incarcerate our way out of some issues, such as addiction and mental illness. Let's be smart about creating some alternatives to incarceration for non-violent offenses, especially when evidence shows them to be low-risk. This approach would not only be more
effective at reducing recidivism, by dealing with the root causes, but for my agency, I could redirect resources from a costly jail bureaucracy towards more deputies and proven crime reduction and crime fighting efforts in the community. Bail issues are complex, but as Texans and
residents of Harris County, our community deserves a more effective criminal justice system. Case backlogs are unacceptable, a revolving door of chronic offenders is not good, keeping "pre-trial" defendants in jail solely because they're unable to pay is not effective. Our jail,
even during COVID, is almost bursting at the seems. The average length of stay for a defendant in our jail is now 209 days, pre-pandemic it was 109-120 days. Our taxpayers foot the bill for the inefficient and ineffective
local criminal justice system we have. Again, those that probably should be out and it seems that those that should be in don't. The system is working just as its designed to work. We can do better. I also caution us not to make seriously public policy decisions by only focusing
on outlier cases. It's good to know those examples do exist, but these issues can be complex, and it requires us to be thoughtful and deliberate. We can start by using following pre-trial research and data, and considering risk. Our community and crime victims/survivors deserve
our best. #HouNews #lesm
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