The parties involved in a federal lawsuit regarding the cash bail system in Harris County, Texas for misdemeanor crimes have reached a settlement. The terms will ensure that most people do not serve time in jail after being charged with a misdemeanor offense so that they do not have to languish in jail just because they cannot afford the bail money to get out.
About the Case
In 2016, a federal lawsuit was filed on behalf of several misdemeanor defendants. One of the defendants was a woman who was jailed for two days for driving without a license when she could not pay the $2,500 bail imposed on her. The lawsuit alleged that the cash bail system penalized people who had not yet been convicted of any crime but who were too poor to post bail in order to be released. A U.S. district judge had agreed with the plaintiffs, stating that the system was unconstitutional and violated equal protection rights and was a form of wealth-based discrimination for defendants charged with misdemeanors.
The county had initially opposed the lawsuit but officials worked to settle the case after the current top administrator judge took office. The county entered into a consent decree. The current judge who is overseeing the case says that the settlement is historic and will improve the bail system into one that is fair and makes people safer.
Terms of the Settlement
Changes were made to the bail system in Harris County after the system was deemed unconstitutional. The settlement will solidify these changes. The changes will result in most misdemeanor defendants being released within 48 hours on their own recognizance, which will not require them to have to post cash bail. Most misdemeanor defendants will be able to be released within several hours after their case is filed, depending on how busy authorities are on that day.
However, individuals facing certain kinds of misdemeanors such as a second offense or subsequent offense of driving while intoxicated or domestic violence will have to appear before a magistrate to determine their release.
Additionally, the county must provide additional resources that are aimed at helping misdemeanor defendants, such as a text message reminder system and funding for legal representation. The county will also be studying factors that contribute to poor defendants missing their scheduled court dates, such as transportation problems or lack of child care. The county will also be providing funding to address these issues.
The settlement and consent decree must be approved by county commissioners who are scheduled to vote on it. The judge will also have to approve it. A monitor will oversee it for a minimum of seven years. The county commissioner believes that the settlement will be approved.
Similar Movements Across the Country
The judge overseeing the case is wanting to set an example for what other communities in the United States can do about the issue. Many organizations, civil rights groups and proponents are pushing for change in the bail system. These groups say that the current system keeps poor defendants unfairly behind bars and forces many people to plead guilty to get released. Minorities may also be disproportionately affected by the system.
Lawsuits with similar arguments have been filed in other states.
