Almost two weeks after President Donald Trump issued government orders directing the Justice Division to take steps towards eliminating cashless bail nationwide, Republican lawmakers are transferring to codify these orders with new laws.
Sen. John Cornyn of Texas and Sen. Marsha Blackburn of Tennessee launched two separate payments that might successfully punish states and cities with cashless bail legal guidelines by reducing off crucial federal funding. The proposals, they argue, would “maintain violent criminals off the streets” and restore public confidence within the justice system.
Cornyn’s “Maintain Violent Criminals Off Our Streets Act” would amend the Omnibus Crime Management and Protected Streets Act of 1968 to bar Edward Byrne Memorial Justice Help Grants from going to states or cities that limit money bail for sure offenses. These grants are the main supply of federal felony justice funding, supporting all the pieces from police departments and drug therapy applications to psychological well being courts and crisis-intervention groups.
The invoice defines a “lined offense” as any crime that “poses a transparent menace to public security and order,” together with violent acts like homicide, rape, theft, carjacking, and housebreaking, in addition to public-order crimes similar to looting, vandalism, or fleeing from police. If handed, the Justice Division could be prohibited from awarding these grants to jurisdictions that “considerably restrict” money bail for people charged with such crimes.
In the meantime, Blackburn launched the “Ending Cashless Bail in Our Nation’s Capital Act,” which particularly targets Washington, D.C.’s long-standing bail reforms. That invoice would require D.C. judges to impose money bail at “the very best degree vital” for defendants deemed harmful and mandate computerized pretrial detention for these charged with violent offenses similar to homicide, rape, carjacking, and sexual abuse of a minor.
Blackburn mentioned the measures are meant to ship a message nationwide. “Cashless bail and different soft-on-crime insurance policies have empowered violent criminals throughout our nation, placing the lives of law-abiding residents in danger,” she mentioned.
Cornyn echoed the sentiment, calling cashless bail a “recreation of catch-and-release” that forces police to repeatedly re-arrest the identical offenders. “Washington, D.C. must be a shining metropolis the world appears to as a mannequin for security and safety,” he mentioned.
The payments observe carefully with Trump’s government orders, which directed federal companies to limit funding to localities with bail reform insurance policies. The laws would offer extra detailed pointers on tips on how to implement these orders, particularly in relation to federal grants.
Cashless bail insurance policies have been in place in D.C. since 1992. Illinois eradicated money bail solely in September 2023 below the SAFE-T Act, whereas California voters upheld reforms that severely restrict its use. Supporters of reform argue that requiring money for launch unfairly punishes poor defendants, whereas wealthier defendants accused of the identical crimes should buy their freedom.
Republican Rep. Elise Stefanik of New York is anticipated to suggest related laws.
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