David Gaspar is the CEO of Bail Project, a nonprofit organization that provides bail assistance.
On a recent Wednesday, many Texans were beginning their work day, so the Texas Senate committee voted to make their lives even more difficult. The committee proceeded with a package of dangerous laws that legally put innocent people in prison and left taxpayers to the bill. These policies pose and must be defeated by threats to the freedom, security and taxes of the Texans.
At the heart of this issue is cash bail. If you are arrested, the court may set the amount that must be paid to be released from prison before trial. By setting a price for free, two systems are created. One is someone who has money, the other is all the other systems. If you can afford bail, you can walk freely. Even if those who cannot stay in prison are charged with low-level, non-violent crimes alone. These are decisions based entirely on money, not safety or justice.
At any time, the Texas County Jail will detain more than 53,000 people simply waiting for a ruling. These Texans remain behind the bar, not because they pose a risk or committed a crime, or because they cannot afford bail.
Rather than “innocent until proven guilty,” cash bail means “guilty until proven wealthy.”
The bill was recently passed by the Texas Senate Criminal Justice Committee and the Senate, which would exacerbate the situation. They include Senate Joint Resolution 5, an amendment to the Texas Constitution. If there is clear and convincing evidence that a judge poses a risk to others, he should be able to restrain someone before trial. However, the amendment would lower the standard for putting Texans in prison, even if judges suspect a slight chance of missing court dates.
Another bill, Senate Bill 9, would deprive more Texans of freedom. The judge should be able to make decisions on a case-by-case basis, taking into account the individual details of each situation. However, the bill would tie the judges’ hands by forcing them to prisons where the accused have been charged with a particular crime but have not yet been found guilty. Instead of encouraging common sense, you need a one-size-fits-all solution.
These dangerous suggestions are the attacks on the freedom, safety and taxes of the Texans. More people are thrown behind bars, sitting in prison for weeks, months, and even public expense. More people will lose custody of their jobs, their homes and their children. This can happen to your friends, your family, or even you.
Don’t forget that Lone Star State is a strong supporter of the Second Amendment. Texas has the country’s most registered gun (approximately 550,000), with one in three households owning a firearm. However, under Senate Bill 9, those accused of illegal possession of a firearm would be forced to pay to leave prison, even if they were illegally accused. And if this happens to you, the Texas jails are so crowded that you could be sent to another county or state.
Governor Abbott and state legislators are pushing for these bills under the guise of public safety, but the reality is that these bills will reduce the safety of Texans. A 2017 survey in Harris County found that “predecessors who were detained and detained are more likely to commit future crimes.” This includes a 30% increase in new felony fees and a 20% increase in new misdemeanor claims. People repeatedly encounter the criminal justice system because prisons are unstable experiences associated with unemployment, housing instability, and worsening physical and mental health.
If these bills become law, Texans should expect taxes to rise. Average costing $62.41 per day to house people in prison. Already, taxpayers in Texas cost $3.3 million every day and $1.2 billion each year, putting people in prison. By examining more people, this proposed law increases its burden. When many Texans struggle to pay for groceries and housing, we can’t afford it.
Instead of throwing away more money in unnecessary prison stays, we should look for ways to safely free people while waiting for a ruling. Thousands of Texans were released safely and returned to their jobs and families while charges against them were pending. When she is arrested for missing a court date, she takes Marcela from Houston, who suffered from poisoning and kidney cancer. After her bail was set at $10,000, she spent four months in prison before the bail project heard about her light letter and paid bail. The judge later dismissed her case due to lack of evidence.
Politicians play dangerous games with your freedom, security and your money. The Texans should not succumb. We deserve a system of treating people fairly, putting true safety first and spending taxpayer money wisely.
