The Promise of Cashless Bail Fairness and Safety Continues to Disappoint

The cashless bail system is a key pillar of the bail reform movement.  It was introduced to promote equity in pretrial release by eliminating financial barriers that proponents believe disproportionately affect low-income individuals and communities of color.  Bail reform proponents claim that even though traditional bail systems have been around and part of our criminal justice system since our country’s founding, they often result in prolonged detention for those unable to pay, perpetuating cycles of poverty and criminalization. That being said, the results of bail reform policies and the shift to cashless bail in several jurisdictions have encountered significant challenges, including inconsistencies in judicial discretion, flawed risk assessment tools, and heightened public safety concerns. These issues have led to unintended increases in pretrial detention rates in various jurisdictions, undermining the core goals of fair pretrial release and comprehensive bail reform.  The Safe Streets Project Foundation recently published an article on this important topic.

The article points out the many dangers of cashless bail policies and points to its negative impacts on communities, where extended pretrial detention disrupts lives through job loss, family instability, and exacerbated mental health issues. Despite the promises of those supporting and promoting these dangerous and ineffective cashless bail policies, the result of their implementation has consistently been a cycle of hardship for the very communities they promise to protect, and a failing to reduce overall incarceration as promised. Bail reform advocates argue that these failures stem from systemic biases in risk assessments and a lack of supportive resources, which can perpetuate inequities rather than resolve them. As a result, the cashless bail approach has consistently failed in its objective of minimizing unnecessary detention while ensuring public safety.

Real-world examples of bail reform implementations illustrate its failings. In New York, the 2019 adoption of cashless bail for many offenses sparked debates over rising crime rates and recidivism, though supporters attribute such trends to broader socioeconomic factors. Similarly, California's bail reform efforts faced backlash, leading to a 2020 referendum ballot measure that overturned the legislature’s efforts to not only implement bail reform policies, but eliminate surety bail all together. These case studies underscore the tension between promoting cashless bail policies and addressing public perception of increased risks, highlighting how bail reform can falter without adequate safeguards.  Below is an excerpt from the Safe Streets Project Foundation’s article…

Understanding the No-Cash Bail System Failures
By Safe Streets Project Foundation 

The no-cash bail system was introduced with the promise of fairness and equality. It aimed to eliminate the financial barriers that often kept low-income individuals in jail while wealthier defendants could buy their freedom. However, as this system has been implemented in various jurisdictions, it has faced significant criticism and scrutiny.

In this blog post, we will explore the failures of the no-cash bail system, examining its impact on communities, the justice system, and the individuals it was designed to help. We will also look at specific examples and discuss potential solutions to the issues that have arisen. READ THE FULL ARTICLE HERE>>>