Relating to the powers and duties of a personal bond or personal bond and pretrial supervision office.
The bill introduces several modifications, including the requirement for courts to impose a personal bond fee—either $20 or a percentage of the bail amount—unless waived for good cause. The funds collected are designated solely for the operational expenses of these supervision offices. These changes aim to facilitate better management of personal bonds and assist individuals undergoing the judicial process by providing necessary supervision and monitoring, with the ultimate goal of preventing re-offense during the pretrial phase.
House Bill 3849 is designed to enhance the operational framework surrounding personal bond and pretrial supervision offices in Texas. The bill amends existing provisions in the Code of Criminal Procedure, specifically Article 17.42, allowing counties or judicial districts to establish these offices to gather and evaluate information about accused individuals. This assessment assists courts in determining compliance with personal bond conditions. The incorporation of these offices is seen as a means to improve the pretrial system's efficiency and accountability.
Some contention arises surrounding how these changes may affect local governance and financial considerations for counties. Critics argue that the imposed fees may disproportionately impact lower-income defendants, complicating their pathway to pretrial release. Furthermore, the ability of the personal bond offices to access and use criminal history records raises concerns regarding privacy and the potential stigmatization of individuals based on past offenses. Overall, while the bill aims to streamline procedures and bolster supervision, the balance between effective oversight and individual rights is under scrutiny.