President Donald Trump has signed an executive order that threatens to withhold or revoke federal funding from local and state governments that implement cashless bail policies. The president argued that such policies pose a threat to public safety, stating, “No cash. Come back in a couple of months, we’ll give you a trial. You never see the person again,” before signing the order.
The executive order requires Attorney General Pam Bondi 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 eliminating cash bail say it penalizes those with fewer financial resources, as wealthier individuals can pay their way out of jail while awaiting trial. Opponents argue that bail is an established method to ensure defendants return for court proceedings and warn that releasing violent offenders could lead to more crime.
Cashless bail allows people to be released from jail without paying money while they await trial, instead of the traditional system where payment is required for release and refunded upon appearance in court. The Eighth Amendment prohibits excessive bail.
Illinois became the first state in 2023 to eliminate cash bail after its Supreme Court upheld the constitutionality of the law as part of the SAFE-T Act, adopted in 2021. Under this law, judges decide on pretrial release by considering factors such as criminal charges, potential danger to others, and flight risk. Other places like New Jersey, New Mexico, and Washington, D.C., have also limited or nearly eliminated cash bail. Some jurisdictions use measures like court date reminders and transportation vouchers to help ensure attendance at court dates.
Policies on when cashless bail is offered vary by jurisdiction; many exclude serious crimes such as murder or violent offenses. Cashless bail may be denied if there are concerns about flight risk but may be granted automatically for misdemeanors and nonviolent felonies.
Research on the impact of cashless bail has shown mixed results. A 2024 report from Loyola University of Chicago’s Center for Criminal Justice found insufficient data so far to determine what effect Illinois’ policy has had on crime rates but noted no increase in crime following implementation; some counties saw declines in violent and property crime. Another 2024 study by the Brennan Center for Justice analyzed data from 33 U.S. cities between 2015 and 2021—22 with some form of bail reform—and found “no statistically significant relationship” between bail reform and crime rates (https://www.brennancenter.org/our-work/research-reports/crime-bail-reform). Researchers concluded there was no significant difference in crime rates between cities with reformed policies and those without.
