What happens if a state decides to eliminate cash bail?

When a state eliminates cash bail, it typically prioritizes the implementation of alternatives to ensure that individuals awaiting trial can remain engaged in their communities while also upholding public safety and court appearance requirements. One common outcome in such scenarios is the introduction of pretrial release programs. These programs may include options like supervised release, electronic monitoring, or regular check-ins with a designated officer.

The goal of these alternatives is to reduce the reliance on monetary bail, which can unfairly disadvantage low-income defendants who may be unable to pay for their release, while still addressing the need to ensure that defendants return for their court dates. This approach aligns with a broader aim of a more equitable justice system that does not penalize individuals based solely on their economic status. It allows for a variety of assessment tools to determine the risks associated with releasing a defendant, thereby allowing for more tailored supervision options.

In contrast, simply releasing all defendants without conditions fails to account for the need to manage risks to public safety or the likelihood of a defendant returning for trial. Automatic increases in bail or requiring flat fees could exacerbate issues related to socioeconomic disparities, reintroducing the very problems that eliminating cash bail seeks to address.