Where cash bail has been eliminated or narrowed
| Jurisdiction | Status | Notes |
|---|---|---|
| Illinois | Eliminated | Pretrial Fairness Act, effective September 18, 2023 |
| New Jersey | Nearly eliminated in practice | 2017 reforms; money bail rare, risk assessment standard |
| Washington, D.C. | Nearly eliminated in practice | Long-standing release-or-detain model |
| Alaska, New Mexico | Sharply limited | Courts must consider non-monetary release first |
| California | Retained | Prop 25 failed in 2020; In re Humphrey requires ability-to-pay analysis |
Nearly every other state still authorizes secured money bail for at least some cases, even where reform has narrowed its use.
What happened in California
Senate Bill 10 would have replaced money bail with risk assessment, but it was suspended by referendum and rejected by voters as Proposition 25 in November 2020. Cash bail and commercial surety bail remain lawful statewide.
The practical change came from the courts. In re Humphrey (2021) held that a court may not detain a defendant solely because they cannot afford bail, and must consider ability to pay and non-financial conditions. County schedules adopted under Penal Code §1269b still set pre-arraignment amounts.
What it means if your case is in California
- Bail is still set, and a surety bond is still the fastest route out of a Los Angeles or San Diego jail.
- Defense counsel can argue for O.R. release or a reduction using ability-to-pay grounds at arraignment.
- A defendant arrested in California is handled under California rules, regardless of what their home state does.
For the mechanics of release here, see Los Angeles County bail bonds and San Diego County bail bonds.