Harris County officials detail impact of new bail laws on jail capacity, staffing

How state laws could impact Harris County Jail

Harris County justice leaders are warning that recent state laws could push the jail system back toward crisis mode. This is as the county has made a lot of progress, reducing the number of people behind bars. FOX 26's Sherman Desselle explains.

HOUSTON - Harris County justice officials presented an analysis Thursday in Commissioner's Court detailing the impact of recent state legislation on the county's jail population and operational demands. 

The report was presented by Tonya Mills, Director of Justice Innovation for the office of County Administration for Harris County.

Case processing offsets legislative impact

Mills’ presentation highlighted what she referred to as a successful system-wide effort to speed up case resolution, which has slowed down the expected population increase from Senate Bill 9, a legislative measure reforming bail procedures.

Despite the implementation of SB 9, the county has seen a steady decrease in the average daily jail population from January 2025 through November, closing November at 8,581.

Mills says this stability is linked to a corresponding drop in the Average Length of Stay (ALOS) for inmates. Mills stressed that research shows, "case processing speed shapes population levels." She says this is the result of deep collaboration among justice partners. 

"I can't stress that point enough," Mills said. "The collaboration with the District Attorney's office, district judge, county courts, all the justice stakeholders have followed a data-driven approach. They're looking at the things that drive the jail population, and responding."

The Proposition 3 challenge

The analysis shows that the expansion of judicial authority to deny bail under Proposition 3 threatens to reverse this downward trend. Proposition 3, approved by voters in November, expands "preventive detention" for specified violent felony offenses.

Since individuals held under this new authority have an estimated ALOS of 280 days, the county projects significant growth. If 2,400 individuals who previously would have been released on bond are instead held without bail, the jail population is projected to grow by over 1,900 people in 2026.

Officials emphasized that clearing pending felony cases remains the key factor in managing the jail population. To maintain stability, the courts must work to keep the ALOS at or below 160 days.

The Harris County jail has been out of compliance for years, according to the state commission on jail standards. In-custody deaths also continue as they work on making the systemic changes. 

The county is currently outsourcing 1,229 people to other facilities. HCSO Assistant Chief Stephen Bosquez addressed the court on the facility’s status:

In November, approximately 300 inmates being held in a private jail facility in Mississippi returned to Harris County custody after that outsourcing contract—one of three currently active—ended. Bosquez noted this was the furthest contract from Harris County.

Commissioner Lesley Briones asked Bosquez when the Sheriff’s Office expects the other two outsourcing contracts to end.

Bosquez stated he plans to present a new operational plan to the court at the beginning of the year that incorporates new legislation taking effect in January.

"I think when it starts in January we’ll see these effects three to four months down the road," he said. "We’ll see some of the end of the year, first of the year slowdowns. It’s just a part of the annual cycle. We’re still maintaining about 500 to 600 inmates that are being picked up timely, but there’s just a lot of inmates who are waiting to go to court. There’s multiple factors for that. I’d like to give you all a full picture of that. And we can definitely have that by February."

The Sheriff's Office plans to provide a more comprehensive update on processing issues in February court.