Liputan6.com, Jakarta Cashless bail policies, also known as cashless bail, have become a major focus in the criminal justice system in the United States.
This policy allows arrested individuals to be released from jail without having to pay any cash, unlike traditional bail systems that require a financial deposit.
The primary goal of this reform was to address perceived inequities in the conventional cash bail system.
The old system often kept low-income defendants behind bars simply because they couldn't pay, while wealthier individuals could easily get out of jail.
The debate over cashless bail intensified after former President Donald Trump signed two executive orders in August 2025 aimed at ending the policy.
Donald Trump's Executive Order: Ending Cashless Bail
On August 25, 2025, former President Donald Trump signed two executive orders directly targeting cashless bail policies.
The primary purpose of these orders was to end cashless bail programs for individuals accused of crimes, specifically in Washington, D.C. and other jurisdictions across the United States.
The executive orders specifically directed Washington, D.C. and other areas to immediately end their cashless bail policies.
As a form of pressure, the federal government would reconsider funding, service, or approval decisions if Washington, D.C., did not comply with these directives.
This demonstrated the use of federal funds as leverage to force policy change.
One of the orders also instructed Attorney General Pam Bondi to identify jurisdictions across the U.S. with cashless bail policies and to revoke federal funds and grants provided to those jurisdictions.
Attorney General Bondi was given 30 days to submit a list of these jurisdictions.
Trump rhetorically stated that, "They kill people and they get out," referring to defendants released through cashless bail systems, and claimed that these policies have contributed to high levels of violent crime.
What Exactly is 'Cashless Bail'?
Cashless bail is a system designed to allow the release of arrested individuals without requiring cash payments as collateral.
Unlike traditional cash bail, which serves as a deposit to ensure a defendant's appearance in court, cashless bail relies on other factors to ensure that appearance is guaranteed.
In practice, courts can impose various conditions on defendants released through this system.
These conditions may include regular reporting to authorities, electronic monitoring such as the use of an ankle bracelet, or certain restrictions on the defendant's activities.
For more serious crimes, electronic monitoring is often an option to minimize the risk of flight.
The Eighth Amendment to the US Constitution prohibits excessive bail, but it does not completely eliminate bail requirements for release.
Pros and Cons of Cashless Bail Policy
Bail reform advocates argue that the traditional cash bail system is inherently unfair, penalizing the poor.
They highlight how low-income defendants are often forced to remain in jail simply because they cannot afford bail, while wealthier individuals can easily buy their freedom.
Furthermore, data from a 2024 study by the Brennan Center for Justice, which covered 33 cities between 2015 and 2021, showed "no statistically significant relationship" between bail reform and overall crime rates.
Opponents argue that eliminating bail undermines public confidence in the justice system, as many fear that defendants released without financial consequences are more likely to commit other crimes.
President Trump even claimed that this policy has contributed to rising violent crime rates in cities.
Several jurisdictions in the US have adopted or significantly restricted the use of cash bail.
Illinois became the first state to completely eliminate cash bail after the state Supreme Court upheld the constitutionality of the provision in 2023.
Under the policy, judges decide whether a defendant is eligible for pretrial release, based on factors such as flight risk and public safety.