President Donald Trump signed an executive order threatening to withhold or revoke federal funding from local and state governments that offer cashless bail, calling cashless bail a threat to public safety. Attorney General Pam Bondi must submit within 30 days a list 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." New York Governor Kathy Hochul called removing cashless bail "reckless" and defended the state's 2020 bail reform. Proponents say cash bail penalizes poverty; critics say bail ensures court appearance and prevents release of violent offenders. Cashless bail allows pretrial release without payment; the Eighth Amendment prohibits excessive bail. In 2023 Illinois became the first state to eliminate cash bail when its Supreme Court upheld the law.
President Donald Trump signed an executive order on Monday threatening to withhold or revoke federal funding to local and state governments that offer cashless bail, including New York, arguing that it is a threat to public safety. "No cash. Come back in a couple of months, we'll give you a trial. You never see the person again," he said, moments before signing the order.
Attorney General Pam Bondi must submit a list 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" within 30 days, as stipulated in the order. In New York, Gov. Kathy Hochul pushed back on the order, saying it would be "reckless" to get rid of cashless bail. The state's controversial bail reform law took effect in 2020.
Cashless bail refers to policies that allow people to be released from jail without paying any money while they await trial. It is an alternative to the traditional cash bail system in which people pay money to be released and get their money back if they return to court when they are supposed to. The Eighth Amendment of the Constitution prohibits excessive bail.
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