H.R. 8821: No Bailouts for Cashless Bail Jurisdictions Act

This bill, titled the "No Bailouts for Cashless Bail Jurisdictions Act," aims to restrict federal funding to jurisdictions that significantly reduce or eliminate cash bail for certain criminal offenses. The key points of the bill are as follows:

Prohibition on Federal Funds

The legislation stipulates that no federal funds may be allocated to any jurisdiction that the Attorney General determines has substantially eliminated cash bail as a condition for pretrial release in cases involving specific offenses.

Determination by the Attorney General

The Attorney General is required to evaluate jurisdictions to identify those that have made substantial changes to their cash bail policies. This determination must be made within 30 days of the enactment of the Act and at least every three months afterward. The Attorney General will also need to publicly share their findings and explanations regarding each jurisdiction's cash bail status.

Reinstatement of Federal Funds

If a jurisdiction is found to have eliminated cash bail, it can potentially regain access to federal funds. The reinstatement of funds would occur either:

• 180 days after the Attorney General's initial determination that cash bail was eliminated, or
• on the date when the Attorney General determines that the jurisdiction has restored cash bail policies.

Definitions

The bill provides specific definitions to clarify its provisions:

• Cash bail: Refers to any monetary condition required by a court to ensure a defendant's appearance, including cash payments and secured bonds.
• Covered offense: Encompasses a range of crimes, including:
  • violent crimes
  • sex offenses
  • indecent acts
  • crimes involving moral turpitude
  • burglary
  • vandalism
  • looting
  • any other offense deemed appropriate by the Attorney General.
• Crime of violence: Defined according to existing federal laws.
• Sex offense: Defined under the Adam Walsh Act.
• Burglary: Defined as the act of breaking into someone else's property with intent to commit theft.
• Vandalism: Defined as intentionally damaging or destroying property.
• Looting: Involves theft or destruction of property during riots or disasters.

Summary of Implications

The bill seeks to create a financial disincentive for jurisdictions that opt for cashless bail practices, potentially encouraging them to maintain or reinstate cash bail systems for certain offenses in order to continue receiving federal funding.

Relevant Companies

None found