From the Waco Tribune Herald
McLennan County Assistant District Attorney Hilary LaBorde said lab technicians told her recently that it would take 10 months to get DNA results back from the Waco DPS lab. Last spring, she said, the lab was saying four months. Waco Tribune Herald 9-19-2010
Texas law imposes the requirement on the Judge to release a person charged with a crime from custody if they are not prepared to go to trial within a specific amount of time.
Art. 17.151. RELEASE BECAUSE OF DELAY.
Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within:
(1) 90 days from the commencement of his detention if he is accused of a felony
A person charged with continuous sexual abuse of a child could be released from custody because the DNA evidence has not been processed. This can have a significant effect on public safety. As felony suspects are released from custody the potential for them to reoffend increases dramatically.
Texas Code of Criminal Procedure Section 17.44 authorizes the Judge to order electronic monitoring or house arrest as a condition of release on bail.
Art. 17.44. HOME CONFINEMENT, ELECTRONIC MONITORING, AND DRUG TESTING AS CONDITION. (a) A magistrate may require as a condition of release on bond that the defendant submit to:
(1) home confinement and electronic monitoring under the supervision of an agency designated by the magistrate
While Art. 17.151 often requires release on a personal recognizance (PR) bond, Art. 17.44 provides the Magistrate the option to order electronic monitoring.
Seymour Detection Services provides equipment that is Art. 17.44 compliant.
