Fact Check Team: Exploring the pros, cons and history of cashless bail

Fact Check Team: Exploring the pros, cons and history of cashless bail

WASHINGTON (TNND) — President Donald Trump has signed an executive order to take measures to end cashless bail in Washington, D.C., citing concerns over repeat offenders and increased crime rates. The move is part of a broader effort to eliminate cashless bail nationwide.

What is cashless bail?

Cashless bail allows individuals charged with a crime to be released from jail before trial without paying money up front. Judges make release decisions based on risk assessments, such as flight risk, danger to the community, criminal history, and the seriousness of the offense. The goal of bail reform is to provide equal opportunities for those awaiting trial, regardless of financial status.

In the White House Fact Sheet, Trump stated, “The District of Columbia’s cashless bail policies allow dangerous individuals to be released quickly, endangering residents, visitors, and Federal workers, and forcing law enforcement to repeatedly arrest the same offenders.” He cited examples, including a man who was re-arrested for abusing women shortly after being released and a fatal stabbing by an individual previously released without bail.

However, D.C.’s pre-trial agency claims high court appearance rates and low pre-trial re-arrest rates for those released on cashless bonds.

The executive order also references a study from Yolo County, California, which found that a zero bail policy resulted in a 163% increase in total crime and a 200% increase in violent crime. The study compared individuals released on zero bail with those who posted bail, revealing a significant rise in offenses among the former group.

The cashless bail system has been in place in D.C. since the 1990s, with states like New Jersey, New York, and Illinois following suit. Illinois became the first state to eliminate cash bail statewide in 2023. Supporters argue that the system prevents the unfair jailing of poor individuals, while critics claim it endangers the public by allowing repeat offenders to be released too easily.

Trump’s executive order marks a significant shift in the approach to bail reform, with potential implications for states across the nation.

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