Trump Signs Orders to End Cashless Bail

Understanding cashless bail

Cashless bail was designed to prevent people from being jailed simply because they cannot afford money bail. Cashless bail lets people accused of crimes leave jail before trial without posting money, often based on factors like criminal history or flight risk. Supporters argue it reduces unnecessary pretrial detention, limits overcrowding in jails and ensures that low-income defendants are treated more fairly. Critics, however, say it can put communities at risk if defendants commit new crimes while awaiting trial.

In Washington, D.C., the system has been in place since the 1990s. NPR reported that in 1992, judges began deciding who could be released under these rules.

A 2023 study in Yolo County, California, found that “zero bail” policies corresponded with a 163% increase in overall crime and a 200% rise in violent crime compared with defendants who posted bail.

The administration emphasized that the order must be carried out within the limits of existing statutes and budgets, and that it does not create new legal rights or obligations.

Other places with cashless bail

Illinois, New Jersey and New Mexico have also moved away from traditional cash bail. Instead, they rely on alternative methods to decide who can be released before trial.