R Street Letter to the Members of the TX Senate Committee on Criminal Justice re SJR5, “proposing a constitutional amendment authorizing the denial of bail under limited circumstances…”
February 11, 2025
RE: Senate Joint Resolution 5 – A Step Forward, But Key Issues Still Need Attention
Dear Chairman Flores, Vice Chairman Parker, and Honorable Members of the Senate Criminal Justice Committee,
My name is Lisel Petis, and I am a senior fellow at the R Street Institute, a nonprofit, nonpartisan public policy research organization. R Street engages in policy research and analysis dedicated to common sense solutions that make government work smarter and more effectively. My work at R Street focuses specifically on criminal justice and civil liberties. Given our commitment to pragmatic policies that improve fairness, public safety, and government accountability, we have a strong interest in Senate Joint Resolution 5: “Proposing a constitutional amendment authorizing the denial of bail under limited circumstances to a person accused of certain violent or sexual offenses or of continuous trafficking of persons.”
Senate Joint Resolution 5 is an important step toward improving Texas’ bail system and strengthening public safety. Protecting communities must be the priority, but the system must also be effective and fair. As currently written, this resolution effectively aims to address high-risk, repeat, and violent offenders, but it must go further to protect individual liberties and ensure Texas’ limited jail space is used wisely.
Bail decisions must strike the right balance—protecting the public, upholding the presumption of innocence, and ensuring accountability. Freedom is a core American value, and should not be taken away without strong justification. Comprehensive detention hearings and the right to counsel are critical to making sure we are locking up the right people. At the same time, studies show that unnecessarily detaining low-level offenders can increase recidivism by disrupting jobs, housing, and family stability. Failing to address the difference between high-risk and low-risk defendants not only undermines justice but also strains an already overburdened jail system.
Right now, overcrowding and staffing shortages are forcing Texas jails to transfer pretrial detainees to other counties and even other states. Without changes that also consider the release of low-risk offenders, this resolution risks making that crisis worse. Jail space is a taxpayer-funded resource—estimated to be over $1 billion in Texas—and every dollar spent detaining someone who does not need to be there is a dollar not spent on real threats to public safety. Proven tools like pretrial assessments, support, supervision, and monitoring or requiring consideration of “least restrictive” conditions can support safe release of low-risk individuals without compromising public safety.
While SJR 5 is a thoughtful and necessary step toward improving the bail system, we urge the committee to strengthen due process protections and establish clear criteria for safely releasing low-risk individuals. A balanced approach will help prevent further jail overcrowding, while ensuring Texas prioritizes real threats to public safety. We look forward to working with you on smart, effective reforms that protect both Texans and our constitutional principles.
Thank you,
Lisel Petis
Senior Fellow, Criminal Justice and Civil Liberties
R Street Institute
lpetis@rstreet.org