Key Findings:
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A Public Policy Research Institute report found that increasing the opportunities for defendants to be released from custody has several cost advantages, including shorter jail stays and decreased jail costs.[i]
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In 1995, 30% of jail inmates were incarcerated awaiting trials.[ii] Today, that number has reached 48%.[iii]
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Under existing law (Article 17.02, Code of Criminal Procedure), counties are not authorized to accept partial cash bonds from defendants who are too poor to pay the full amount. As a consequence, defendants who cannot afford to post a full cash bond often post surety bonds, typically paying 10-20% of the full bond amount to a bail bond agent. The funds defendants pay to a surety are never returned, even if the defendant complies with all conditions of the bond.
[i] “Study to Assess the Impacts of the Fair Defense Act on Texas Counties.” Public Policy Research Institute. January 2005. Page 21. http//www.courts.state.tx.us/oca/tfid
[ii] “Texas County Jails, 2001: A Status Report.” Texas Commission on Jail Standards. 2001. Page 19. http://www.tcjs.state.tx.us/docs/Final%20DraftTJSbu.pdf
[iii] “Jail Population Report.” Texas Commission on Jail Standards. November 2006. Page 8. http://www.tcjs.state.tx.us/docs/abrerpt.pdf