Bail Bonding Reform's Aftermath in Harris County, Texas

In 2017, a three-judge panel of the U.S. District Court for the Southern District of Texas ruled that the existing bail bonding rules in Harris County (Houston) were legally problematic and ordered the county to make major reforms. As a result of the ruling Harris County instituted a catch-and-release system for most misdemeanors and significant reforms to the way people accused of more serious charges were processed following their arrest.

Last year the same court that ordered the reforms appointed members of the Wilson Center for Science and Justice at Duke University to conduct an assessment of those reforms. The resulting report caused quite a bit of chest-beating amongst the anti-bail bonds cabal who declared it showed their efforts to be a complete and unqualified success. What isn’t mentioned is that a major financial supporter of the Wilson Center is Arnold Ventures, which has spearheaded attempts to eliminate bail bondsmen throughout the country for the past several years.

With that in mind, let’s look at some of the evidence Arnold Ventures, sorry, the Wilson Center cited in proclaiming Harris County’s anti-bondsman efforts an unqualified success:

• A steep drop in the number of charges filed in 2020 as compared to the previous year.
• A huge drop in the number of misdemeanor convictions with the share of cases dismissed nearly doubling to 60%.
• A drop in pretrial detention rates from 68% to 43%.
• A drop in the percentage of arrestees detained for more than 2 days from 38% to 12%.
• And finally, $3.6 million in annual savings to the county due to lower jail costs and lower processing costs for alleged criminals.

Let’s take a closer look at those “successes”.

The report says that a steep decline in the number of charges filed in 2020 is proof bail reform works. But 2020 was, of course, the year of the lockdown when even criminals had their movements restricted. So that point is invalid.

The report also claims that dismissing 60% of all misdemeanor charges is somehow evidence of bail reform working. But it doesn’t provide any proof that the dismissal of all those charges was warranted. Keep in mind that misdemeanors in Texas include things like DWI, domestic assault, possession and theft.

The report also claims that a drop in pretrial detention rates from 68% to 43% is somehow evidence of success. When in fact all it is evidence of is that more suspected perps are being caught and released.

The drop in the number of people being held for more than two days is also meaningless as there is no way to tell if the people being released sooner should be released sooner.

And finally, any savings to the county created by catch-and-release programs are irrelevant if the county has become unsafe for law-abiding citizens. And there is now proof that is exactly what it has become.

Note: The study also noted that by not forcing accused persons to remain in jail following their arrests those individuals were no longer subjected to the dangers of the jail/prison environment. I'm sure we all feel better knowing that the person who beat up his wife and was then arrested for driving drunk in a stolen car does not have to spend a few days behind bars where he might get hurt.

The Anti-Bondsman Chickens Come Home to Roost

Now that we've reviewed the fantasy version of justice being championed by Arnold Ventures let's look at the real-world ramifications of catch-and-release.

In April of 2022, the Harris County Peace Officers’ Union (HCPOU), one of the largest police unions in the country, released their own report on the effects of the court-ordered war on the bondsman. To say it differed some from the self-serving Wilson Center/Arnold Ventures report would be the understatement of the century. According to the HCPOU report, the so-called bail reform in Harris County has been nothing short of a disaster. Let's look at some of the most important conclusions:

Failure to Appear (FTA) rates skyrocketed

For years we were told by proponents of bail reform that eliminating bail would have virtually no effect on whether or not people showed up in court to face the charges against them. This has proven to be false in state after state when cash bail bonding was partially or completely eliminated. It also happened in Harris County where FTA rates have skyrocketed to an unthinkable 76%. So, more than 3/4 of the people arrested and released are not showing up to face the music, and victims are left holding the bag.

Theft has also skyrocketed

A good example of this is catalytic converter theft. As the value of the precious metals they contain has increased, catalytic converter theft has increased dramatically in Houston. And why not? While auto theft is a felony, stealing auto parts is still considered a misdemeanor, so the would-be thief has nothing to fear. They’ll be back out on the street before the ink on their arrest record is dry. And chances are they will never be prosecuted.

Murders have nearly doubled

The number of murders committed in Houston in 2021 was up more than 70% from 2019 to an astonishing 473. One would have to live with their head in the sand not to understand that by embracing catch-and-release Harris County is sending a message to all would-be offenders, including violent offenders, that they have nothing to worry about.

As bail reform advocates continue to chip away at the justice system in Denver County, Jefferson County and elsewhere in Colorado can a Texas-style disaster be far behind?