Under cash bail, a judge sets a dollar amount that a person must pay to be released before trial. People with money go home, and people without it stay in jail, often for weeks or months. The commercial bail bond industry profits from this system in most states.
Reform has advanced unevenly. New Jersey's Criminal Justice Reform Act took effect in 2017 and nearly eliminated cash bail. New York limited cash bail for most misdemeanors and nonviolent felonies in 2020, then amended the law several times. In September 2023, Illinois became the first state to end cash bail entirely.
Opponents claim bail reform increases crime, and the debate has driven rollbacks in several places. Research on New Jersey and other jurisdictions generally has not found that reform raised crime. Supporters argue that pretrial freedom should depend on risk to public safety, not on wealth.