Bills that Reduce Jail Overcrowding by Increasing Law Enforcement and Judicial Discretion
Texas taxpayers are spending millions of dollars housing certain low-level, non-violent misdemeanants in state jails. As a result, Texas has a state jail overcrowding problem that will not be solved simply by building expensive new jails. Counties need additional resources for programs that will address these low-level offenders. Likewise, law enforcement must be able to use their discretionto determine whether an arrest is necessary for many non-violent, regulatory misdemeanors This year, the Governor signed a law that would save money and jail space by allowing police to choose to issue a citation and notice to appear in court instead of making an arrest in all cases.
1. HB 2391 by Madden, Relating to the appearance of certain misdemeanor offenders before a magistrate.
Analysis: Authorizes peace officers to issue citations for certain Class B misdemeanors instead of taking alleged offenders before a magistrate, thereby allowing alleged offenders to avoid pre-trial incarceration for minor offenses. In addition, magistrates are required to give statutory warnings, including warnings about the right to counsel, to defendants when they appear in compliance with a citation.