WASHINGTON\u00a0\u2014\u00a0President Trump took executive action Monday threatening to cut federal aid to cities and counties that offer cashless bail to criminal defendants, a move that could place Democratic jurisdictions throughout the country under further financial strain.<\/p>\n
Trump\u2019s first executive order specifically targeted the practice of cashless bail in the District of Columbia, where the president has sent National Guard troops to patrol the streets. His second action directed the Justice Department to draw up a list of jurisdictions that have \u201csubstantially eliminated cash bail as a potential condition for crimes that pose a clear threat to public safety and order\u201d \u2014 a list that would then be subject to federal funding cuts, the White House said.<\/p>\n
\u201cThat was when the big crime in this country started,\u201d Trump said. \u201cThat was when it happened. Somebody kills somebody, they go and don\u2019t worry about it \u2014 no cash, come back in a couple of months, we\u2019ll give you a trial. You never see the person again.\u201d<\/p>\n
\u201cThey thought it was discriminatory to make people put up money because they just killed three people lying in the street,\u201d he added. \u201cWe\u2019re ending it.\u201d<\/p>\n
Trump does not have the power to unilaterally change D.C. law. But administration officials hope the threat of significant financial pressures on the city will force local lawmakers to change it themselves.<\/p>\n
Similarly, his second order could ultimately result in cuts to federal grants and contracts with Los Angeles County, where courts use cash bail <\/a>only in the most serious criminal cases. <\/p>\n Studies have not shown<\/a> a correlation between cashless bail policies and an increase in crime.<\/p>\n As of October 2023, nearly everyone accused of misdemeanors or nonviolent felonies in Los Angeles County is either cited and released or freed on certain conditions after their case is reviewed by a judge. The judge can offer other conditions for release, including electronic monitoring or home supervision by probation officials. <\/p>\n \u201cA person\u2019s ability to pay a large sum of money should not be the determining factor in deciding whether that person, who is presumed innocent, stays in jail before trial or is released,\u201d then-Presiding Judge Samantha Jessner said at the time.<\/p>\n The county reached out to the court on how Trump\u2019s executive order may affect the county\u2019s bail policies and had not heard back.<\/p>\n The county policy has proved controversial with some cities saying they believed the lack of cash bail would make their communities less safe. Twelve cities within the county sued unsuccessfully<\/a> to block the cashless bail reform, arguing it would lead to higher crime rates and violated the court\u2019s responsibilities to uphold public safety. Sheriff Robert Luna told the supervisors in 2023 that some communities were alarmed at the \u201clack of consequences for those who commit crimes.\u201d<\/p>\n The sheriff\u2019s office and the public defender\u2019s office did not immediately respond to a request for comment.<\/p>\n The county had initially begun a zero-bail system during the pandemic to prevent crowding in jails. A report to the Board of Supervisors found instances of re-arrest or failure to appear in court remained relatively stable despite the change.<\/p>\n In the fall of 2022, six people sued the county and city, arguing they spent five days in custody solely because they could not afford bail, leaving them in \u201cdismal\u201d conditions. Demanding cash bail created a \u201cwealth-based detention system,\u201d the plaintiffs alleged. The suit led to a preliminary injunction<\/a> barring the city and county from enforcing cash bail requirements for some people who had yet to be arraigned.<\/p>\n