A Bill to End Federal Cash Bail
Replaces cash bail in federal criminal cases with risk-based pretrial release assessments.
Federal pretrial release decisions shall be based on validated risk assessment instruments and not on monetary bail.
Detention permitted only upon clear and convincing evidence of flight risk or danger.
$210 million for pretrial services expansion.
Administrative Office of the U.S. Courts.
Mechanical parts, sourced & timed
Use this as your pre-round checklist. Memorize the source citation. Time yourself to the delivery target.
- Bill / Number
- S. 738 — A Bill to End Federal Cash Bail
- Funding source
- $210M for pretrial services expansion.
- Timeline
- Effective at next AOUSC rulemaking.
- Realistic — DC, NJ, and 5 federal districts already operate cashless.
- Enforcing agency
- Administrative Office of the U.S. Courts.
- Yes — AOUSC supervises pretrial services.
- Penalty for non-compliance
- N/A — procedural change.
- Source citation
- Brennan Center for Justice (2022), 'Cash Bail Reform Outcomes' — brennancenter.org.
- Delivery time (read aloud)
- 1:05 (65s)
Eliminating cash bail will increase failure-to-appear rates and pretrial crime.
Brennan (2022) tracked New Jersey post-reform — FTA rates *fell* 2.4 percentage points; pretrial rearrests changed by less than 1 point. The DC system (which never used cash bail) has held appearance rates above 88% for 30 years.