Bail Reform: How Rules Are Changing State by State

Research showed many people were held before trial simply because they could not afford relatively small bail amounts, while others with more money were released regardless of risk. Reform efforts aim to base release on risk and appearance rather than wealth.

• New Jersey (2017): nearly eliminated cash bail in favor of risk assessment and pretrial monitoring.
• New York (2020, amended 2020, 2022, 2023): eliminated cash bail for most misdemeanors and nonviolent felonies, then adjusted judicial discretion.
• Illinois (2023): became the first state to fully end cash bail.
• California: voters rejected Proposition 25 in 2020, keeping commercial bail; the state supreme court's In re Humphrey (2021) decision requires courts to consider ability to pay.

In reform states, you may never need a bail agent at all. In other states, judges may still set money bail. Asking defense counsel about current local practice is the fastest way to know what to expect.