White House to halt federal funds to jurisdictions using cashless bail

Key Takeaways

On August 25, the White House announced an Executive Order (EO) ordering an end to cashless bail and threatening to suspend or terminate federal funds to jurisdictions that do not comply with the order. Many state and local jurisdictions use cashless bail as a condition or pretrial release for lesser crimes, and for individuals who do not pose a clear threat to public safety.  

What is cashless bail?

Cashless bail allows criminal defendants of lesser charges to be released while awaiting trial without posting bail, in an attempt to ease the financial burden on low-income  defendants. Illinois has eliminated cash bail, and several other states including New Jersey, New Mexico and Washington D.C. have severely limited its use.   

What should counties know?  

The EO establishes that by September 24, the Attorney General will submit a list of states and localities that utilize cashless bail as a condition of pretrial release. The administration will then, in coordination with the Office of Management and Budget (OMB), suspend or terminate federal funds for these jurisdictions.  

NACo supports defendant-based percentage bail laws to ease the financial burden of bail on low-income defendants, when there is a reasonable expectation that public safety will not be threatened. Furthermore, counties are concerned that we may not be able to provide mandated critical services to our residents including public safety, public health, law enforcement and critical infrastructure, if federal funds are withheld dependent upon the usage of cashless bail. NACo will continue to keep counties apprised of developments and their impact on county governments.