Policy Shifts in Pretrial Detention: Lessons from the 2019 Harris County, Texas Misdemeanor Bail Policies

By Lindsay Bass-Patel.

Since 2019, Harris County, Texas, the third largest urban jurisdiction in the United States, has eliminated a required cash bail schedule for misdemeanors, as a result of the ODonnell v. Harris County settlement. Instead, most people arrested for misdemeanors are now entitled to be released promptly without a hearing. People charged with misdemeanors that potentially present public safety risks (e.g., repeat DWIs, family violence, prior bond violations or outstanding warrants) are not automatically released, but they receive a bail hearing, where they are represented by a public defender. This report analyzes how the system has changed after these misdemeanor-focused changes were enacted, including public safety outcomes; shares accounts of people experiencing the system since these changes; and examines how these changes can guide other jurisdictions. Looking at the period before the new bail policies (2015-2019) and the period since the institution of the new bail policies (2019-2024),

Durham, NC: The Wilson Center for Science and Justice at Duke Law, 2025. 31p.