President Trump has called for an end to cashless bail, claiming it has caused an increase in crime rates. CBS News' Errol Barnett explains how cashless bail works, and breaks down how bail reform is impacting cities across the U.S.

Washington

President Trump has publicly called for the immediate end of cashless bail, asserting that its implementation has contributed to rising crime in American cities. However, research cited in the report indicates there is no measurable correlation between cashless bail and crime rates, with a study of 33 cities finding no statistically significant relationship between bail reform and crime trends.

Cashless bail policies, which allow defendants to be released without financial payment while awaiting trial, are currently fully implemented only in Illinois, with other states and jurisdictions adopting limited or modified versions. Advocates for bail reform argue that cash bail disproportionately affects those unable to pay, while some jurisdictions have recently increased the number of offenses eligible for cash bail or pretrial detention.

Trump calls for elimination of cashless bail

Welcome back. This week, President Trump called for an end to cashless bail in a social media post. He said in part, quote, crime in American cities started to significantly rise when they went to cashless bail. It is a complete disaster and must be ended immediately, end quote. Now, to be clear, studies have not found a measurable correlation between cashless bail and crime rates. But what exactly is cashless bail? Well, the traditional cash bail system requires a defendant to pay a specific dollar amount to be released from jail while awaiting trial. Cashless bail replaces that with the defendant simply promising the court to return without a financial payment and sometimes with pre-trial monitoring. Only one state, Illinois, has completely eliminated cash bail. New Jersey, New Mexico, plus Washington, D.C., only allow it in very limited circumstances. Eight other states, along with some counties and cities, including Los Angeles, have reforms in place to limit its use. In New Mexico, once someone is charged with a crime, the court will actually use a public safety assessment tool to create a score that measures how likely someone is to appear for their court date and or commit a crime before then. A judge then uses that score to decide on conditions to impose before a trial, like electronic monitoring. Think of those ankle monitors. If prosecutors want a person facing a felony charge to be detained, they must argue for that in a separate court hearing. Otherwise, a person is released. Now, bail reform advocates, they argue that cash bail unfairly puts people behind bars simply for their inability to pay. For example, here in New York City, the average cash bail in 2021 was about $38,000. This is according to the city's comptroller, while the median income for a New York City resident that same year was about $2,000 less than that. And data from places that reduce cash bail have not shown an increase in recidivism, or people committing crimes again. A study of 33 cities by researchers at the Brennan Center found no statistically significant relationship between bail reform and crime trends. Still, it's a real patchwork out there. Some jurisdictions have rolled back or added new restrictions to their bail reform efforts. For example, New York has increased the types of crimes that are eligible for cash bail and pretrial detention three times since the original 2020 law went into effect.

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