Conversation on Bail Reforms

As someone who works with crime victims, I’m concerned about the bail reforms being considered this legislative session.

Because this is such a popular issue, we have plenty of case studies from other states to learn from. Many of the proposals under debate in Texas have already failed in states like Kentucky, New Mexico and New Jersey. After seeing crime and recidivism rates increase, those states are looking to roll back reforms. Why would we repeat the same failed policies and expect a different outcome?

Bail policies must balance three things equally: public safety, victim safety and defendant’s rights. No consideration should trump another, otherwise justice isn’t served. The current debate focuses on the rights of the defendant to the detriment of victim and public safety. A U.S. 5th Circuit Court of Appeals ruling strikes the appropriate balance by requiring a bail hearing within 48 hours, and consideration of victim and public safety and a defendant’s likelihood to reappear for hearings.