President Donald J. Trump has issued an executive order aimed at ending the use of cashless bail policies in certain jurisdictions across the United States. The order states that public safety is threatened when individuals with pending criminal charges or histories indicating ongoing risk are released without bail, allowing them to potentially commit further offenses before trial.
According to the order, "Maintaining order and public safety requires incarcerating individuals whose pending criminal charges or criminal history demonstrate a clear ongoing risk to society. When these individuals are released without bail under city or State policies, they are permitted — even encouraged — to further endanger law-abiding, hard-working Americans because they know our laws will not be enforced. Our great law enforcement officers risk their lives to arrest potentially violent criminals, only to be forced to arrest the same individuals, sometimes for the same crimes, while they await trial on the previous charges. This is a waste of public resources and a threat to public safety."
The President emphasized his administration’s intent by stating: "As President, I will require commonsense policies that protect Americans’ safety and well-being by incarcerating individuals who are known threats. It is therefore the policy of my Administration that Federal policies and resources should not be used to support jurisdictions with cashless bail policies, to the maximum extent permitted by law."
Under this directive, within 30 days, the Attorney General must provide a list of states and local jurisdictions that have "substantially eliminated cash bail as a potential condition of pretrial release from custody for crimes that pose a clear threat to public safety and order," including violent or sexual offenses as well as burglary and vandalism. The list will be updated as necessary.
Federal agencies are instructed to identify grants and contracts currently provided to these jurisdictions which may be suspended or terminated where appropriate.
The order also clarifies its implementation: "Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals." It further notes all actions will remain consistent with applicable law and available appropriations.
Costs associated with publishing this executive order will be covered by the Department of Justice.
