ODONNELL CONSENT DECREE

Rule 9

The consent decree modifies of the prior secured bail schedule and requires that Harris County follow a new local rule that ends the practice of jailing people because they are too poor to pay predetermined amounts of money. The rule makes sure that people charged with most offenses will be released promptly after arrest on a personal bond without having to see a judge. For those people falling into several categories of offenses, the rule ensures that they will have a prompt individualized bail hearing that meets strict constitutional standards. The rule ensures that no class member can be detained prior to trial unless the government makes a determination that such detention is necessary because no alternative conditions are sufficient to serve its interests in public safety or to prevent flight from prosecution. The rule ensures that such a determination can only be made after an adversarial hearing, notice, representation by counsel, the ability to present and confront evidence, and findings on the record by clear and convincing evidence. To read the rest of the provisions of the rule, please see Local Rule 9 links on the left.