What states have gotten rid of cash bail?
Asked by: Mr. Jo Goldner | Last update: March 23, 2026Score: 4.1/5 (46 votes)
While Illinois is the first and only state to have fully eliminated cash bail statewide with its 2023 Pretrial Fairness Act, other states like New Jersey, New Mexico, and New York, along with Washington D.C., have significantly reformed or virtually eliminated cash bail for many offenses, using risk assessment tools instead to decide pretrial release.
Which states have eliminated cash bail?
Several states also have adopted major changes. Alaska, California, Illinois, New Jersey and New York have passed laws scaling back or fully eliminating cash bail, though some of those laws have since been revised.
Why did Illinois eliminate cash bail?
Illinois's Pretrial Fairness Act (PFA) banned cash bail in 2023 to reduce economic inequity and remove judicial discretion in pretrial decisions.
Is there a way around a cash only bond?
Consider Property Bonds
In jurisdictions that accept property bonds, you can use real estate or other valuable assets in place of cash bail. This option may require additional documentation and approval from the court but can be an effective way to secure release without upfront cash.
What states don't allow bail bonds?
If you're wondering what states do not allow commercial bail bonds, they are as follows;
- Illinois.
- Kentucky.
- Maine.
- Massachusetts.
- Nebraska.
- Oregon.
- Washington D.C.
- Wisconsin.
Eliminating the cash bail system
What does $100 000 cash bail mean?
Think of a bail bond as a financial promise. The bail bondsman tells the court, “I'll guarantee this person will appear for their court dates, and I'm backing that promise with $100,000.” This allows your loved one to go home instead of waiting in jail until their trial date, which could be months away.
How much do you have to pay if your bond is $1000?
The cost of a bail bond is typically 10% of the total bail amount, and this percentage is regulated by the California Department of Insurance.
Why should cash bail be eliminated?
Cash bail leads to wealth-based detention
Jailing people because they can not afford to post money bail amounts to wealth-based detention that violates well-established norms of fairness and constitutional principles.
What are the disadvantages of a cash bond?
There are a few drawbacks to paying in cash. A cash bond is a considerable expense, and it can be challenging for many to come up with a large amount of cash on short notice, after banks are closed, or on the weekend. For most defendants, the bail bond is the most attractive option.
Why do people only have to pay 10% of bail?
You only pay ten percent of bail because that fee serves as the bondsman's premium for guaranteeing the full bail amount to the court. When a bondsman posts a surety bond, they take on the financial responsibility if the defendant fails to appear. The ten percent payment compensates the bondsman for this risk.
What state has no bond?
Currently, eight states do not have a bail bond system: Illinois, Kentucky, Maine, Massachusetts, Nebraska, Oregon, Washington D. C., and Wisconsin. Illinois not only bans bail bond agents, but attorneys and some state employees are not permitted to post bail for defendants either.
Where does cash bail money go?
If bail is paid in full with cash, that money is usually held by the court or the jail where the person is being processed. It doesn't move into regular court spending or city budgets right away. Instead, it stays in a special account that's set aside until the case is finished.
Why did Illinois get rid of cash bail?
The Pretrial Fairness Act meant most criminal defendants would remain free with court conditions, rather than spend time in jail until they could post bond. Supporters said the law is intended to address equity issues, while opponents feared a spike in crime.
How much does a $500,000 bail bond cost?
If using a licensed bail bondsman, the bondsman typically charges a nonrefundable fee, often around 10% of the total bond amount. For a $500,000 bond, this means the fee would usually be about $50,000, which is paid upfront and is not returned, even if the defendant appears in court.
What happens if I bail someone out and they don't go to court?
In California, a bail bondsman typically has six months to find and return the defendant. If the defendant is not found in the timeframe, you will be responsible for paying not only the full amount of the bond, but also any additional expenses and any unpaid premiums.
Why is my $100 savings bond only worth $50?
There are two primary reasons a bond might be worth less than its listed face value. A savings bond, for example, is sold at a discount to its face value and steadily appreciates in price as the bond approaches its maturity date. Upon maturity, the bond is redeemed for the full face value.
Why abolish cash bail?
Money bail criminalizes poverty by requiring people accused of a crime to pay hundreds or even thousands of dollars to be released before trial. Money bail does not keep us safe. Rather, it undermines justice and fairness, disproportionately harms Black people and poor people of all races, and fuels cycles of poverty.
How many people are in jail because they can't afford bail?
Every day, nearly half a million people sit behind bars just because they can't afford bail. They have not been convicted of anything.
What is the bail Reform Act 2025?
Shown Here: Engrossed in House (11/19/2025) To require mandatory pretrial and post conviction detention for crimes of violence and dangerous crimes and require mandatory cash bail for certain offenses that pose a threat to public safety or order in the District of Columbia, and for other purposes.