81% of Texas Voters Support Bail Reform: New poll from Right On Crime and Texas Public Policy Foundation

Key Points

  • 81% of Texas Voters Support Bail Reform
  • 90% of Republicans and 73% Democrats 

A new poll conducted by WPA Intelligence for Texas Public Policy Foundation and Right On Crime found 81 % of Texas voters support “a constitutional amendment in Texas to allow judges to deny bail to violent offenders accused of particularly severe violent crimes, including murder and sexual assault involving a child.”

Strong bi-partisan support was also demonstrated by Texans who favor bail reform with the poll showing support from 90% Republicans and 73% Democrats in Texas.

Texas SJR 5/ HJR 15, a constitutional amendment to allow Texas judges to deny bail in the most dangerous cases is currently being considered by Texas lawmakers this 89th Legislative Session.

“Texas must put public safety first when determining bail in high-risk and dangerous cases,” Nikki Pressley, Chief of Staff and Texas Director of Right On Crime, testified recently to Texas lawmakers in support of a risk-based bail system. “Texas should move toward a risk-based system for bail where both court appearance and public safety risks should determine pretrial release.”

In Texas, the accused have a constitutional right to bail — meaning unless a defendant is charged with capital murder or meets a certain criterion for repeat violent felonies, the judge cannot detain a defendant and must afford them bail, no matter how dangerous they believe that defendant to be. This creates a system in which high-risk defendants who can afford bail can buy their freedom — despite the public safety threat they pose.

Many states allow for the denial of bail, and nine states do not have a constitutional right to bail.  A 1987 U.S. Supreme Court ruling affirmed that both court appearance and public safety should be considered and pretrial release CAN be denied. [United States v. Salerno, 481 U.S. 739 (1987)]

“Preventive detention is not designed to strip defendants of their due process rights or disregard the presumption of innocence,” said Pressley. “Every Texan is innocent until proven guilty.”

Does this fit anywhere?

To further complement the expansion of preventive detention, lawmakers could amend the bill to add the “least restrictive conditions” language that is currently in the existing statute.

Pressley referenced Texas Article 17.028(b), Code of Criminal Procedure: “In setting bail under this article, the magistrate shall impose the least restrictive conditions, if any, and the personal bond or cash or surety bond necessary to reasonably ensure the defendant’s appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense.”

ight On Crime is a national campaign of the Texas Public Policy Foundationwith conservative criminal justice solutions resulting in less crime, fewer victims, and safer communities.

WPA Intelligence is a leading provider of survey research, predictive analytics and application-based data management technology.