In a significant move aimed at altering the pretrial release system, former President Donald Trump signed two executive orders on Wednesday to eliminate cashless bail programs in Washington, D.C., and other jurisdictions across the United States. Washington was among the first to adopt cashless bail in 1992, allowing individuals charged with crimes to await trial without having to pay substantial bail amounts. His actions are deeply ironic, as the effects of policies like these on crime have been hotly debated for years.
The executive orders require the city of Washington and other localities to end their cashless bail programs. These programs enable individuals accused of crimes to leave jail while waiting for their court dates, reducing the financial burden on those who may struggle to pay bail. Trump has raised alarmist concerns, arguing that cashless bail means people can be released even after they have committed violent crimes. He said, “They are murderers and get out after killing people.” Within context, he continued, “Sometimes, you don’t even need to get to the court.”
As data from existing cashless bail programs indicate, public safety is not impacted with a noticeable increase in crime when cashless bail is enacted. This directly undermines Trump’s assertions. For instance, individuals released from jail without posting a bond are found to be extremely unlikely to commit a violent crime. In fact, many judges retain the authority to keep individuals detained pre-trial if they are deemed a danger to the community or a flight risk.
Jeremy Cherson, the director of communications for the People’s Bail Project, reacted vigorously to Trump’s executive orders. He gave short shrift to just how bad the proposed changes would be. As simple as that, but very important politics, he said, “The data is clear that bail reform has not led to increased crime.” Cherson further explained the original intentions behind cashless bail systems. He added, “We want to make it so that it’s safety, not how rich you are, that determines if someone gets released pretrial.”
The executive orders lay out punitive measures against jurisdictions which do not comply. The federal government plans to review funding allocations and services if Washington and similar areas do not adhere to the new directives. First, the attorney general needs to figure out what jurisdictions have cashless bail policies. Then, they will pull back all federal money and awards bestowed on those communities.
Illinois recently became the first state to enact cashless bail at a state level, highlighting a growing trend towards reforming bail systems nationwide. For Trump, cashless bail is partly to blame for higher crime rates in Washington. In fact, according to data compiled by the Atlanta Journal Constitution, the city reached its lowest level of violent crime in three decades last year.
The fight over cashless bail is just beginning. On a national scale, Trump’s executive orders have the potential to completely alter how pretrial release works in corresponding jurisdictions across the country.