Push to Eliminate Cashless Bail Sparks National Debate
On Monday, an executive order was signed aimed at ending cashless bail nationwide by threatening to withhold federal funding from jurisdictions that continue the practice.
Cashless bail allows certain defendants facing lesser charges to be released without paying money up front. Supporters of the system say it reduces inequality in the justice system, while opponents argue it poses a safety risk. Studies, however, have found no evidence that changes in bail laws lead to increased crime.
The new order directs Attorney General Pam Bondi to, within 30 days, identify jurisdictions that have “substantially eliminated cash bail as a potential condition for crimes that pose a clear threat to public safety and order.” The Justice Department would then “identify federal funds, including grants and contracts, currently provided to cashless bail jurisdictions” for suspension or termination.
A separate order targets policies in Washington, D.C. “The District of Columbia government’s pretrial release policies, which include prohibiting cash bail, contribute to the disgraceful conditions referenced in the aforementioned Executive Order, as law enforcement must arrest the same individuals multiple times, and dangerous criminals are sometimes rapidly released,” it states.
The New York Times points out the order instructs federal law enforcement in D.C. to “work to ensure that arrestees in the District of Columbia are held in Federal custody to the fullest extent permissible under applicable law” and directs Bondi and the Office of Management and Budget to “identify appropriate actions to press the District of Columbia to change its policies with respect to cashless bail.”
Advocates for bail reform emphasize that the cash-bail system unfairly benefits wealthier defendants who can pay to secure release, while poorer individuals must remain in jail as they await trial. They argue that courts should weigh the potential danger to the community rather than a defendant’s financial resources when making release decisions.