Commonsense Bail Reform for Texas

The Texas Legislature has a chance to strengthen the bail system and better protect Texans. SJR 5 empowers judges to improve public safety by detaining those who pose a real threat before their trial, such as those arrested for violent offenses, first-degree sexual offenses, or continuous trafficking of persons. With a few key adjustments, the resolution could also help increase government efficiency and safeguard individual liberties.

History

Texas has repeatedly tried and failed to amend its constitution to expand preventive detention eligibility. In 2021, HJR 4 passed both legislative chambers but never reached voters after a Democratic walkout prevented a quorum, consequently blocking its certification. Later that year, SJR 1 passed the Senate in a special session but failed in the House. In 2023, SJR 44 cleared the Senate with near unanimous support but stalled in the House, while HJR 181 never advanced past committee. These repeated setbacks highlight ongoing legislative challenges in pushing preventive detention as a standalone solution, suggesting that a more comprehensive approach may be needed to gain traction.

Why Adjustments Are Needed

Freedom is a fundamental right, and any government restriction on it must be justified with a clear and compelling reason. Protecting these rights through fair processes and balanced safeguards ensures justice remains accountable, effective, and focused on genuine risks to society.

Further, the safe release of low-risk, nonviolent offenders will be necessary to ensure SJR 5 does not worsen a growing crisis in the state’s jails. Facilities are overcrowded and short-staffed, forcing the transfer of pretrial detainees across counties and even state lines. With Texas jail costs exceeding $1 billion per year, every wasted dollar on unnecessary detention undermines public safety and government efficiency. Additionally, research shows that avoiding unnecessary detention for low-risk individuals can actually reduce crime, as maintaining jobs, housing, and stability makes them less likely to reoffend.

Thoughtful improvements can strengthen the intent of SJR 5 while promoting fiscal responsibility, protecting constitutional rights, and encouraging bipartisan support for its passage. The goal is not a complete overhaul of the system, but a careful, measured approach that prioritizes public safety, fiscal responsibility, and individual freedom.

Recommended Adjustments to Strengthen SJR 5

1. Add “least restrictive” language

• Requires judges to use the least restrictive conditions necessary to ensure court appearance and public safety
• Prevents unnecessary financial and logistical burdens on individuals who pose no flight or safety risk
  

2. Guarantee the right to counsel at detention hearings

• Helps judges better calculate risk by bringing mitigating factors, innocence concerns, and legitimate defenses to light
• Prevents unnecessary pretrial detention and upholds the constitutional right to due process
  

3. Adopt HB 656 (Citations for fine-only offenses)

• Requires law enforcement to issue citations instead of making arrests for minor, fine-only offenses, thereby reserving jail beds for serious offenders
• Reduces strain on law enforcement and court resources
  

4. Adopt HB 799 with amendments (Presumption of release for low-level, nonviolent offenses)

• Prioritizes jail space for dangerous individuals by establishing a presumption of release for those accused of low-level, nonviolent crimes who pose no flight or safety risk
• Promotes limited government and fiscal responsibility by avoiding unnecessary incarceration costs, likely saving jurisdictions millions 

No Hidden Agenda—Just Good Policy

There is no angle here, just smart, commonsense policy to strengthen the bail system. By incorporating these recommendations, SJR 5 can:

• Address repeat offenders without unnecessarily derailing the lives of first-time, nonviolent offenders who can remain productive, contributing members of society
• Ensure due process protections while maintaining judicial discretion
• Effectively balance individual liberties with the need for public safety
• Keep Texans safe without overburdening law enforcement, jail, or taxpayers

Additional Resources

• “Everything You Need to Know About Bail and Pretrial Release”
• “Navigating Bail Reform in America: A State-by-State Overview”
• “Tools for Safe and Smart Bail System Changes”