Glossary

Cashless bail

Reforms that limit or end the use of money bail to hold people charged with crimes before trial, replacing it with release conditions or risk assessments.

Also called: bail reform, no-cash bail, pretrial release reform

Cashless bail refers to policies that reduce or eliminate the use of money bail, a payment that defendants must make to be released while awaiting trial. Under traditional systems, a judge sets a bail amount, and those who cannot afford it are detained, even for minor offenses, while wealthier defendants go free.

Reformers argue that money bail penalizes poverty, causes people to lose jobs and plead guilty to get out, and does not predict public safety. Jurisdictions have replaced it with release on recognizance, supervision and risk-assessment tools, and detention hearings for those considered dangerous. New Jersey's reforms (2017) and Illinois's SAFE-T Act (effective 2023), which abolished cash bail statewide, are well-known examples; New York's 2019 reforms limited bail for many misdemeanors and nonviolent felonies and were amended afterward to give judges more discretion.

Critics, including police groups and many conservatives, argue that releasing defendants quickly raises crime and rearrests and lets repeat offenders back on the street, citing high-profile cases. Supporters point to studies that found small or no increases in crime in places with reform and note that data from New Jersey and Illinois show high court appearance rates. Research findings are mixed and depend on design. Defendants held before trial have procedural due process rights, and the Eighth Amendment bars "excessive bail." Debates link to defund the police and sentencing policy.

Last reviewed November 8, 2026

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