| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Yes | Neutral | Neutral | Neutral | Positive | Positive |
Relating to the confinement of a defendant pending trial.
No significant fiscal implication to the State is anticipated.
SB 2191 would require that when a judge or magistrate denies a defendant’s release on bail pending trial, the judge or magistrate shall order that the defendant be confined in a jail that is located in this state. Additionally, juveniles would be prevented from being housed in out-of-state facilities either in pre- or post-adjudication.
Texas Action strongly supports SB 2191 because it advances the principles of limited government and individual rights. An effective and fair criminal justice system is a key role of limited government. Individuals awaiting trial who cannot afford bail should not be further punished by being held in a facility out of state because the prison system is not functioning effectively due to overcrowding. Out-of-state jail outsourcing separates individuals from their families and their support systems sometimes by as much as up to five hours. In addition, this prevents individuals from having readily available access to their constitutionally protected right to legal representation to prepare for their day in court.