AI Bail Decisions in Texas: What Defendants Should Know

 Posted on October 10, 2025 in Bail Bonds

Although algorithms have been used in human form for a long time when making bail decisions, many Texas counties are now using an AI-driven risk assessment tool to predict the likelihood of a defendant skipping out on bail or reoffending. While supporters of AI bail algorithms argue that these tools make bail decisions more consistent, with less human bias involved, critics contend that the AI algorithm itself can come with embedded economic or racial bias.

Following SB6 in 2021, Texas continues to modernize its bail system. However, if you are facing a bail judgment by an AI algorithm, it is essential to understand how these tools work, along with their legal limitations. A Dallas, TX bail bondsman from Doc's Bail Bonds is ready to help you navigate the bail bond system. Our bail bond company is one of the largest and oldest in North Texas. We work hard for our clients and will always go the extra mile for them.

How Has Texas Bail Evolved?

Texas Code of Criminal Procedure, Article 17.15, governs bail factors, with decisions made based on the severity of the offense, community safety, the defendant’s criminal history, and the ability to make bail. Senate Bill 6 tightened bail eligibility and required the use of standardized risk assessment tools in some jurisdictions. Algorithmic tools like the Public Safety Assessment are now used in many county bail systems.

What is the AI Public Safety Report?

The Public Safety Report was implemented to provide officials with a summary of the defendant’s criminal history and other information relevant to bail. These include previous misdemeanor and felony convictions, pending charges, prior failures to appear, and whether the defendant is on community supervision or parole.

The PSA, however, uses specific factors, including age at the time of the current arrest, to generate a raw score and predict an outcome. Texas recently updated bail reform laws with Senate Joint Resolution 5, which requires judges to deny bail when the state proves a defendant is a threat to public safety, and the PSA assesses that risk.  

AI "scores" on the PSA are predictive rather than determinative, and judges should still exercise their own discretion in the final decisions. These assessments are meant to be a tool that informs judges but does not replace judicial (human) decision-making. Supporters of these AI bail algorithms argue that they bring consistency to the bail system and streamline pretrial decisions, while also better identifying those defendants who are likely to reoffend.

Others point to the lack of transparency – defendants and attorneys often cannot see or challenge how scores are calculated. The risk of racial or socioeconomic algorithmic bias is a very real issue as well. There is also concern that judges and magistrates may rely too heavily on these AI algorithms, rather than making their own decisions on a case-by-case basis.

What Are the Implications for Defendants and Bail Bondsmen?

Defendants with high-risk scores will likely either face pretrial detention or much higher bail amounts, which many will be unable to pay. Bail bondsmen will have to anticipate how these AI risk scores affect eligibility for bond or the likelihood of bond approval. Bail professionals and defense attorneys must have a broad understanding of local AI algorithm practices, since each county may apply them differently.

It is unclear whether the Texas legislature will regulate the transparency of AI algorithms as they apply to bail. It is likely that there will be litigation regarding due process violations (the inability to contest algorithmic AI scoring).  

Contact a Denton County, TX Bail Bondsman

Choosing Doc's Bail Bonds as your bail bond company means you have chosen a professional, respected company. Doc was the general manager for a professional baseball team for years before starting his bail bond company. He understands the rules of the game and has built the strongest team for his business, which benefits those in need of a bail bondsman. When you choose a Dallas, TX bail bondsman, you have taken the best step for a positive outcome. Call 214-747-4110 to speak to an experienced Texas bail bondsman.