US President Donald Trump signed an executive order on Monday that threatens to pull federal funding from local and state governments that implement cashless bail systems, calling the practice a danger to public safety.
“No cash. Come back in a couple of months, we’ll give you a trial. You never see the person again,” Trump said just before signing the order.
Under the new directive, Attorney General Pam Bondi is required to submit a list within 30 days of jurisdictions that have “substantially eliminated cash bail as a potential condition of pretrial release from custody for crimes that pose a clear threat to public safety and order.”
Supporters of ending cash bail argue it penalizes those living in poverty, as wealthier individuals can afford to pay for release while low-income defendants remain in jail awaiting trial. Critics of cashless bail warn that the system may allow violent offenders to walk free and commit additional crimes before their court dates.
WHAT IS IT?
Cashless bail policies allow individuals to be released from jail while awaiting trial without having to pay money. This contrasts with the traditional cash bail system where defendants pay for their release and receive the money back if they attend their court hearings. The Eighth Amendment prohibits excessive bail.
WHERE IT’S OFFERED?
Illinois became the first state to eliminate cash bail entirely in 2023 after its Supreme Court upheld a law passed as part of the 2021 SAFE-T Act. Under the law, judges decide whether a defendant should be released before trial based on the charges, the potential threat to others and whether the person is likely to flee.
Other jurisdictions, including New Jersey, New Mexico and Washington, D.C., have also significantly limited or eliminated the use of cash bail. Many of these places rely on tools such as court date reminders, transportation support, flexible court scheduling and on-site child care to encourage court appearances.
Policies vary by state and locality. Many jurisdictions exclude cashless bail for serious crimes like murder or violent offenses. Judges can also deny bail if they believe the defendant might flee. In many areas, people charged with misdemeanors or nonviolent felonies are often eligible for cashless release automatically.
THE IMPACT ON CRIME
Research on how cashless bail affects crime has been mixed. Most studies examine the behavior of released individuals rather than broader crime trends.
When asked last month what evidence supports Trump’s claim that cashless bail leads to higher crime, the White House cited a 2022 report from the district attorney’s office in Yolo County, California. That report reviewed the outcomes of a temporary cashless bail policy used statewide during the COVID-19 pandemic. Of the 595 individuals released between April 2020 and May 2021, 70.6 percent were arrested again after release. More than half of those were arrested multiple times.
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With inputs from associate press