Bail reforms across the US have shown that releasing people pretrial doesn’t harm public safety

President Donald Trump recently signed two executive orders targeting “cashless bail,” the policies that permit the release of people arrested for crimes pending trial without requiring them to pay money.

One executive order directs arrestees in Washington, D.C. to be “held in Federal custody to the fullest extent permissible under applicable law.” The other order calls for the withholding of federal funds to states that “substantially eliminated cash bail as a potential condition of pretrial release from custody” for many offenses.

Cashless bail does not mean that everyone is simply released unconditionally to await trial. Instead, judges have the ability to detain people who pose a specific threat to another person or the community. And they can impose conditions on those who are released, including stringent measures like electronic monitoring.

Trump has criticized cashless bail policies for threatening public safety because they can release dangerous people from detention.

As legal and criminal justice scholars, we have studied bail reforms across the United States.

We have found that jurisdictions that reduce reliance on cash bail can maintain public safety. And they can also curtail mass pretrial incarceration that overwhelmingly locks up people who are too poor to afford bail. That includes three jurisdictions that we examine in detail below: Washington, D.C., New Jersey and Illinois.

The rise of bail bonds

Bail is a promise by an accused person to show up at court hearings in exchange for being released from custody pending the resolution of criminal charges.

In many U.S. jurisdictions, however, people pledge money or property as collateral for their pretrial release. But some people are released unconditionally, referred to as release on their own recognizance. Others are denied pretrial release altogether because they pose a risk of flight, a risk of failing to appear, or pose a danger to the community.

Historically, the bail system worked on promises and one’s reputation, not money. Money bail became more common around the turn of the 20th century with the rise of commercial bail bonds, in which a bail bond business would front the bail money, charging the arrestee a portion of the bail amount as a fee.

This created a system in which people with money could buy their pretrial freedom for many crimes – even serious felonies. Conversely, between 60% and 90% of people remained jailed despite the availability of bail bonds. This was not because they were dangerous, but because they lacked the financial resources to come up with the 10% of their bail amount to purchase their pretrial freedom.

The problems with cash bail

On any given day, approximately 664,000 people are locked up in jails in the United States. Only about 30% of these people are serving sentences following criminal convictions. The remaining 70% in jail are awaiting trial.

Typically, this is not because a court has judged them a risk to public safety. And usually it’s not because a judge decided they are unlikely to appear at scheduled court hearings.

Instead, they remain in jail because they cannot pay the money bail that has been set in their cases. This can have serious or even tragic consequences, such as lost homes and jobs, and even suicides. Indeed, suicide is the leading cause of death in jails, and pretrial detainees are six times more likely to die by suicide than those serving jail time after convictions.

A 2012 study in New York City found that “even when bail is set comparatively low – at $500 or less, as it is in one-third of nonfelony cases – only 15% of defendants are able to come up with the money to avoid jail.” In 2017, the jailing of people who could not afford bail cost taxpayers US$38 million each day – an amount that exceeds $50 million today, adjusted for inflation.

And it has allowed commercial bail businesses – and the nine insurance companies that back the roughly 30 corporations that underwrite more than $14 billion in bail bonds issued each year – to earn profits in excess of $2.4 billion annually.

Conversely, money bail systems allow people with financial means, even those who might be dangerous or pose a genuine risk of flight, to be released because they can afford to post bail.

Bail reform in Washington

Washington abolished cash bail in the early 1990s. The city replaced it with a system that overwhelmingly pairs pretrial release with levels of supervision tied to the risk that a court determines a defendant might pose. As a result, roughly 87% of all people arrested in Washington are released pending trial without needing to pay or pledge any money.

Despite the lack of money bail, the city has experienced high court appearance rates and low reoffending rates. Between 2019 and 2024, 89% of defendants awaiting trial in the city showed up to their scheduled court appearances – and 90% remained arrest-free. Even among those accused of violent offenses, 98% were not rearrested for violent crimes while on pretrial release.

Washington shows that when people are given the tools and reminders they need, they are overwhelmingly likely to comply with court obligations. That includes phone calls, text messages and email reminders about court dates or access to pretrial services. Moreover, these results illustrate that alternatives to cash bail can function effectively, without compromising public safety.

The Illinois and New Jersey experiences

New Jersey overhauled its bail system in 2017 by virtually eliminating cash bail. The state replaced it with a framework that relies on judicial assessments and pretrial monitoring to decide whether defendants should be detained or released.

Within two years of New Jersey’s bail reforms, the state’s pretrial jail population decreased by roughly 44%. Most notably, the state did this by reducing the number of defendants held in jail for more than a day or two.

This reduction was not accompanied by an increase in failures to appear in court or in new criminal charges.

A recent Drexel University–Boston University study echoed those findings, confirming that the decline in incarceration came without increases in gun violence. The study also found that the number of people held on low bail amounts – $2,500 or less – fell sharply, from more than 12% of the jail population in 2012 to just 0.4% by 2021.

Early data analyses after Illinois eliminated cash bail in September 2023 show that jail populations declined with no uptick in failure-to-appear rates.

Further, violent crime and property crime rates in Cook County have decreased since the law took effect, including a 15% reduction in Chicago.

Broader considerations

In 2024, the Brennan Center for Justice, a public policy institute, analyzed data from 33 cities, comparing 22 that had enacted bail reforms with 11 that had not. The researchers found that there was no relationship between bail reform and crime rates. When combined with the data from Washington, New Jersey and Illinois, it seems clear that jurisdictions can protect public safety while also reducing unnecessary and harmful pretrial detention.

In New Jersey, for example, thousands of people – many from communities of color – were able to remain employed and housed while awaiting trial. Rather than destabilizing people’s lives by unnecessary incarceration, the state contributed to greater stability for them, their families and communities.

The question moving forward is how to build on these successes.

As policymakers consider next steps, these empirically supported results can provide guidance. They provide evidence that cashless bail is not a threat but an opportunity for fairer, smarter justice.