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In the realm of pretrial release in the United States, the use of cash bail stands as a longstanding practice, yet its application varies widely across states. While many states adhere to the traditional model of cash bail, there is a growing trend towards reforming or entirely abolishing this system. Among the trailblazers in this movement are the District of Columbia, Illinois, New Jersey, New Mexico, and New York. These states have shifted towards alternative methods of pretrial release, aiming to address issues of fairness and equity within the criminal justice system. For instance, the District of Columbia employs a risk assessment system, while Illinois successfully implemented a bill eliminating cash bail in July 2023, following legal hurdles.
Meanwhile, states like California maintain a variable approach to cash bail, attempting to strike a balance between traditional practices and reform efforts. Despite some strides towards reform, the debate surrounding cash bail remains contentious, with ongoing discussions and potential rollbacks in states like New York. As the conversation evolves, the overarching goal remains clear: to create a more equitable and just system of pretrial release that considers the socioeconomic disparities often exacerbated by the reliance on cash bail.
State | No Cash Bail States | Details |
---|---|---|
Alabama | With Cash Bail | |
Alaska | With Cash Bail | Alaska largely eliminated cash bail in 2018, but reinstated it in 2019. |
Arizona | With Cash Bail | |
Arkansas | With Cash Bail | |
Colorado | With Cash Bail | |
Connecticut | With Cash Bail | |
Delaware | With Cash Bail | |
Florida | With Cash Bail | |
Georgia | With Cash Bail | |
Hawaii | With Cash Bail | |
Idaho | With Cash Bail | |
Indiana | With Cash Bail | Indiana's 2020 "Rule 26" guidelines recommend that arrestees who do not represent a flight risk or a... |
Iowa | With Cash Bail | |
Kansas | With Cash Bail | |
Kentucky | With Cash Bail | |
Louisiana | With Cash Bail | |
Maine | With Cash Bail | |
Maryland | With Cash Bail | |
Massachusetts | With Cash Bail | |
Michigan | With Cash Bail | |
Minnesota | With Cash Bail | |
Mississippi | With Cash Bail | |
Missouri | With Cash Bail | |
Montana | With Cash Bail | |
Nebraska | With Cash Bail | |
Nevada | With Cash Bail | |
New Hampshire | With Cash Bail | |
North Carolina | With Cash Bail | |
North Dakota | With Cash Bail | |
Ohio | With Cash Bail | |
Oklahoma | With Cash Bail | |
Oregon | With Cash Bail | |
Pennsylvania | With Cash Bail | |
Rhode Island | With Cash Bail | |
South Carolina | With Cash Bail | |
South Dakota | With Cash Bail | |
Tennessee | With Cash Bail | |
Texas | With Cash Bail | |
Utah | With Cash Bail | |
Vermont | With Cash Bail | |
Virginia | With Cash Bail | |
Washington | With Cash Bail | |
West Virginia | With Cash Bail | |
Wisconsin | With Cash Bail | |
Wyoming | With Cash Bail | |
California | Variable | California's bail system eliminates cash bail for those who cannot afford to pay, but stops short of... |
District of Columbia | No Cash Bail | Like an increasing number of states, the District of Colombia foregoes cash bail in favor of risk as... |
Illinois | No Cash Bail | Illinois' bill eliminating cash bail was delayed by legal challenges, but eventually went into effec... |
New Jersey | No Cash Bail | New Jersey effectively eliminated cash bail in 2014, but support exists to reinstate it in some capa... |
New Mexico | No Cash Bail | New Mexico voters approved a constitutional amendment abolishing cash bail in favor of a system in w... |
New York | No Cash Bail | New York effectively eliminated cash bail in 2019, but rolled back bail restrictions on three subseq... |