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As of March 2021, three states have abolished cash bail for the majority of court cases and one state has fully abolished cash bail starting January 2023. In 2014, New Jersey enacted reforms that took effect on January 1, 2017.
New Jersey essentially eliminated cash bail in 2014, replacing it with a risk assessment process which gauged the potential danger to the community a defendant posed if released.
The task force released recommendations for the state in 2020, one of which was to eliminate cash bail for certain misdemeanors unless there is a risk to public safety, according to the report.
In August 2017, the governor passed a reform bill for the criminal justice system of Connecticut. This bill included a bail reform to get rid of cash bail for misdemeanor level and non-violent offenses. It also included a requirement of a criminal conviction before seizing the asset(s) someone put up for bail.
Though the California legislature attempted to eliminate cash bail in 2018, this change was vetoed by California Proposition 25 in November 2020. In 2019, New York passed bail reform legislation that took effect on January 1, 2020, eliminating cash bail for many misdemeanor and non-violent felony charges. However, this law was later narrowed by ...
A new study found no significant relationship between bail reform and crime rates, pushing back on the notion that bail reform led to the midpandemic spike in violent crime, the Brennan Center for ...
Eliminating cash bail, Cogliano argued, would eliminate wealth from the equation and allow someone’s release from jail to solely rest on whether they pose a risk to the community or might abscond.
Proponents of eliminating cash bail for misdemeanors and non-violent offenses argue cash bail creates two tiers of justice, one for the rich who can either pay the bail themselves or pay a bonds person a percentage,10-15% in cash, the rest in collateral, to put up the bail; the other for poor people—often marginalized people of color—who ...