ODonnell v. Harris County, Texas et al

Filing 363

ORDER entered GRANTING 362 MOTION for Clarification.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MARANDA LYNN ODONNELL, et al.,
On behalf of themselves and all others
similarly situated,
Plaintiffs,
VS.
HARRIS COUNTY, TEXAS, et al.,
Defendants.

§
§
§
§
§
§
§
§
§
§
§

ENTERED
September 29, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-16-1414

ORDER
The plaintiffs’ motion for clarification is granted. (Docket Entry No. 362). The defendants
will begin using the following language to provide notice to arrestees regarding the nature and
significance of the financial affidavit:
I am [First Name] from Harris County Pretrial Services. There are two separate reasons I
am talking with you today. First, I will be interviewing you to gather information that the
court will use when making decisions about eligibility for release on a personal bond,
money bail, and appropriate conditions of release. Second, I will be asking you to complete
a Financial Affidavit, which will be considered by the court in determining your ability to
pay money bail, the amount of money bail, and assessing alternatives to imposing money
bail, including a personal bond. The Sheriff may not keep you in jail just because you
cannot afford money bail. Therefore, you will be asked to state the amount of money you
can afford to pay within 24 hours of your arrest. The Financial Affidavit will also be used
to determine your eligibility for appointed counsel. You have the right to refuse the
Interview, the Financial Affidavit, or both. The information gathered during the interview,
along with the affidavit, will go to the Court, the District Attorney, and your attorney can
receive a copy. Other criminal justice or law enforcement agencies may also request a copy
of your answers to the Affidavit and your answers to other questions I ask in this Interview
in specific situations. Do you want to participate in the Interview, or complete the
Affidavit, or both?
SIGNED on September 29, 2017, at Houston, Texas.

______________________________________
Lee H. Rosenthal
Chief United States District Judge