SB 9 proposes comprehensive reforms to Texas’s bail system, aiming to enhance public safety and improve consistency in pretrial release decisions. The bill mandates expanded use of the Public Safety Report System (PSRS), a centralized tool that compiles relevant criminal history and pretrial risk data to inform magistrates when setting bail. Counties and municipalities are encouraged—and may be reimbursed through grants—to integrate their local jail and case management systems with the PSRS. This initiative is designed to standardize access to risk-based information and reduce reliance on subjective or inconsistent bail determinations.
The bill also amends the Code of Criminal Procedure to more explicitly define the standard of "clear and convincing evidence" when magistrates determine whether to deny bail under Article I, Section 11 of the Texas Constitution. New procedural rules are added for handling bail decisions involving individuals with prior convictions, pending charges, or active participation in pretrial diversion programs. Judges are given broader authority to consider PSRS data even for defendants not currently in custody.
Significantly, the bill also institutes regulations for charitable bail organizations. These groups must comply with reporting requirements and are limited in the types of offenses for which they may post bail, particularly focusing on prohibiting their involvement in releasing individuals charged with violent or repeat offenses. This reflects a policy shift toward ensuring that entities involved in the pretrial release process are subject to oversight, accountability, and aligned with public safety interests.
Overall, SB 9 represents a multi-faceted approach to modernizing Texas’s pretrial justice system, emphasizing evidence-based practices, judicial discretion, and increased transparency while seeking to limit the release of potentially dangerous defendants before trial.
The originally filed version of SB 9 focuses primarily on restricting bail eligibility for certain felony offenders and introducing regulatory controls over charitable bail organizations. In contrast, the House Committee Substitute version significantly expands the bill’s scope, especially in enhancing systemic integration and public safety assessment tools.
One major difference lies in the treatment of the Public Safety Report System (PSRS). The originally filed SB 9 includes a provision requiring a magistrate to consider a PSRS report before granting bail in felony cases, but does not elaborate on the system's technical features or statewide implementation. The substitute, however, mandates detailed requirements for the PSRS, such as listing all factors under Article 17.15 of the Code of Criminal Procedure, integrating it with local jail and court management systems, and enabling grant funding for local compliance through the Office of Court Administration (OCA). It also permits future upgrades to the PSRS to ensure broader public protection.
Another substantial expansion in the substitute is the statutory definition of "clear and convincing evidence" for bail denial decisions under the Texas Constitution, a clarification absent from the original bill. This promotes consistency and reinforces constitutional protections for pretrial detainees.
With respect to charitable bail organizations, both versions regulate their activity, but the substitute broadens the oversight framework. The original SB 9 includes reporting mandates and allows sheriffs to suspend noncompliant organizations. The substitute maintains these rules but restructures them to emphasize OCA's central role in oversight and expands the monthly reporting requirements to include protective orders, outstanding warrants, and participation in pretrial diversion programs.
Finally, the substitute introduces entirely new provisions—such as requiring pretrial intervention programs to be reported in law enforcement databases and authorizing state attorneys to access PSRS data directly—which are not present in the filed version. These additions reflect a broader strategic shift toward comprehensive pretrial risk assessment and centralized information management beyond what the original SB 9 contemplated.
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Sen. Joan Huffman
