Is Cashless Bail Safe and Fair?

Is Cashless Bail Safe and Fair?

Key takeaways

  • Cashless bail lets many people leave jail without paying money.
  • Reforms in Washington, D.C., New Jersey, and Illinois cut jail populations.
  • Studies show cashless bail does not raise crime or missed court dates.
  • Cashless bail helps low-income people stay employed and housed.

Is Cashless Bail Safe and Fair?

Many people stay in jail before trial just because they lack money. However, cashless bail aims to change that. It frees those with no cash while keeping communities safe.

How Cashless Bail Works

Cashless bail means a judge sets rules instead of money. First, courts check each person’s risk of skipping court or harming others. Then, eligible people get released with conditions like phone check-ins or electronic monitors. Moreover, judges can still detain anyone they see as dangerous. In addition, reminders by text or call help people remember court dates.

Why Money Bail Causes Problems

Traditionally, money bail required cash or property as a promise to return to court. Over time, commercial bail bond companies charged high fees. Consequently, wealthier defendants could leave jail, even for serious crimes. Yet low-income defendants stayed locked up, not for safety reasons but for lack of funds. On any given day, 70% of people in local jails wait for trial. Typically, they are not seen as flight risks or dangers. Instead, they simply cannot afford bail.

Facts from Washington, D.C.

Washington, D.C. ended money bail in the early 1990s. Since then, about 87% of arrested people leave jail without paying cash. Between 2019 and 2024, 89% showed up for court. Also, 90% stayed crime-free while awaiting trial. Even for violent charges, 98% avoided new violent charges. Clearly, cashless bail paired with supervision can work.

Lessons from New Jersey

In 2017, New Jersey replaced money bail with a risk-based system. Judges evaluate each case and set supervision levels. Within two years, jail populations dropped by 44%. Importantly, court appearance rates stayed high. Also, there was no rise in new crimes or failures to appear. Furthermore, low-bail holds of $2,500 or less fell from 12% to 0.4%.

Early Results in Illinois

Illinois removed cash bail in September 2023. So far, jail populations have decreased. Meanwhile, court attendance remains steady. Also, violent and property crimes in Cook County fell. Chicago saw a 15% drop in violent crime. Therefore, early evidence supports safe cashless bail reform.

Impact on Communities and Safety

A study of 33 cities found no link between bail reform and crime rates. Combined with data from Washington, New Jersey, and Illinois, this shows public safety stays secure. At the same time, thousands of people avoid needless jail stays. As a result, they keep their jobs, homes, and families stable. Moreover, taxpayers save millions daily by not jailing low-risk, low-income people.

Why Cashless Bail Matters

First, cashless bail makes justice fairer. It ends the system where money equals freedom. Second, it reduces jail costs that strain local budgets. Third, it stops punishing people for being poor. Finally, it keeps communities safer by focusing jail on true risks, not bank accounts.

Looking Ahead

As more states consider reform, they can learn from early adopters. Data-driven policies, quick court reminders, and risk assessments are key. Moreover, courts must keep the power to detain dangerous people. In this way, cashless bail offers a chance for fairer, smarter justice.

Frequently Asked Questions

What is cashless bail?

Cashless bail is a system where release no longer depends on money. Instead, courts use risk checks and set rules like check-ins or monitoring.

Does cashless bail increase crime?

No. Research in multiple states shows crime rates did not rise after cashless bail reforms. Court appearance rates stayed high too.

How do courts decide who stays in jail?

Judges review each case. They look at the risk of fleeing, harming others, or skipping court. High-risk people remain in custody; low-risk people get supervised release.

How does cashless bail help low-income people?

It prevents jail stays due to lack of funds. This helps people keep jobs, homes, and families intact while awaiting trial.

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