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Texas Observer
Texas Observer
Michael Barajas

Greg Abbott’s Power Grab on Bail Reform

On March 26, 15 people incarcerated in the massive jail looming over Buffalo Bayou in downtown Houston wrote a joint letter predicting a “catastrophic outbreak” of the novel coronavirus if officials didn’t act fast to lower the inmate population.

The letter, first reported by the Houston Chronicle, echoed warnings from public health experts that jails are petri dishes for the potentially deadly virus and, due to high turnover, could endanger not only inmates but also the communities they return to. In their letter, which the Observer also obtained, the inmates argued that precautions by jail officials to prevent the spread of COVID-19 were woefully inadequate, writing that cleanliness and social distancing aren’t options behind bars. “Under this situation, it is impossible to stay calm, people are panicking and nobody wants to die in jail,” the letter stated. (The recipient, worried about the potential for retaliation, has asked that publications withhold the signers’ names.)

Three days later—the same day the facility reported its first inmate had tested positive for the virus—Governor Greg Abbott issued an executive order hobbling local efforts to release defendants. While sheriffs in Houston and San Antonio have committed to “substantially” reducing their jail populations in order to protect inmates, staff, and the public, the governor’s order demands that officials keep a broad group of people behind bars if they can’t afford bail. The sweeping order blocks judges from releasing indigent defendants on personal bonds—no-cost bonds that often carry other non-monetary conditions of release—if they’re accused or have previously been convicted of a violent crime, even for a conviction stemming from a bar fight 20 years ago. 

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