WASHINGTON, D.C.—Today, August 25, President Donald J Trump signed Executive Order titled, “Taking Steps to end cashless bail to protect Americans,” that aims to strip federal funding from so called “Cashless Bail Jurisdictions.”
Cashless bail, aka “bail reform,” is when the court releases a defendant from custody before trial without having to pay a cash bail amount. Instead of requiring money to secure a release, the court may impose conditions such as regular check-ins, electronic monitoring, or other restrictions to ensure that the defendant appears for the scheduled court date.
“It is therefore the policy of my Administration that Federal policies and resources should not be used to support jurisdictions with cashless bail policies, to the maximum extent permitted by law…. The head of each executive department and agency, in coordination with the Director of the Office of Management and Budget, shall identify Federal funds, including grants and contracts, currently provided to cashless bail jurisdictions identified pursuant to subsection (a) of this section that may be suspended or terminated, as appropriate and consistent with applicable law,” the executive order reads.
Within 30 days (September 24) of the date of the executive order, U.S. Attorney General Pam Bondi is to submit to President Trump, through the Assistant to the President for Homeland Security, a list of States and local jurisdictions that have, in the Bondi’s opinion, the EO reads, 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, including offenses involving violent, sexual, or indecent acts, or burglary, looting, or vandalism.
The timing of this executive order coinciding with President Trump suggesting to expand the deployment of the National Guard to combat crime to cities across the US, specifically mentioning Chicago during a White House address on Friday, August 22, should also be taken into account.
Washington is a “right to bail” state, meaning most defendants are entitled to bail unless charged with offenses carrying a possible life sentence, where preventive detention (no bail) is allowed.
Washington’s bail system traditionally sets bail amounts based on the severity of the offense, the defendant’s criminal history, and their likelihood of appearing in court. Critics of this practice argue it disproportionately impacts low-income individuals.
Washington has pursued reforms to address these disparities, focusing on reducing reliance on cash bail and promoting equitable pretrial release practices:
- Pretrial Risk Assessments: Many jurisdictions in Washington use evidence-based risk assessment tools to evaluate a defendant’s likelihood of failing to appear or committing new crimes. These tools help judges decide whether to release defendants without bail or impose non-monetary conditions like supervision or electronic monitoring.
- Bail Reform Legislation: The state has passed laws to encourage non-monetary release options, such as court supervision or community-based support, to ensure defendants return to court without financial barriers.
- Court Reminders and Support Services: Some counties have implemented court reminder systems, transportation vouchers, or other support services to increase court appearance rates without requiring cash bail.
While some jurisdictions throughout Washington state such as King County have adopted risk-based assessments and non-monetary release conditions, others continue traditional cash bail practices, especially for serious offenses.
Below are a few States and Jurisdictions with Significant Cashless Bail Reforms:
- Illinois: In July 2023, Illinois became the first state to pass legislation eliminating cash bail entirely for most offenses under the Pretrial Fairness Act, following legal challenges.
- New Jersey: Near elimination of cash bail since 2017, following a constitutional amendment passed in 2014 and approved by voters
- New York: Significant bail reform in 2019, effective 2020, eliminated cash bail for most nonviolent felonies and misdemeanors.
- Washington, D.C.: Near elimination of cash bail since the mid-1990s.
- Los Angeles County: Implemented a zero cash bail system in October 2023 for nonviolent or less serious crimes, using risk assessments to determine detention based on threat or flight risk.
- Santa Clara County and San Francisco: Use risk assessment tools and support services to facilitate pretrial release without cash bail.
Author: Mario Lotmore
