District of Columbia Cash Bail Reform Act of 2025

The bill would rewrite the District of Columbia's pretrial and post-conviction release rules. It would require judges to order mandatory pretrial detention, with no discretion, for anyone charged with a crime of violence or a dangerous crime, replacing DC's current system in which judges assess risk case by case and only some charges carry a rebuttable presumption of detention. It would apply the same mandatory-detention rule after conviction, requiring individuals convicted of such crimes to be jailed pending sentencing or appeal rather than allowed release if a judge finds them low-risk. It would also require anyone charged with a newly defined "public safety or order crime" — including fleeing law enforcement, rioting, inciting a riot, destruction of property, stalking, obstruction of justice, or lesser burglary/robbery — to be released only after posting a secured appearance bond of money or property. The bill also narrows and expands certain DC Code definitions of "dangerous crime" and "crime of violence" to specify degrees of burglary and robbery, and makes conforming changes to existing release-condition procedures. It applies only within the District of Columbia and takes effect 30 days after enactment for offenses charged on or after that date.

Criminal defendants charged in the District of Columbia with violent, dangerous, or public-safety offenses; DC Superior Court judges and judicial officers who set release conditions; the DC Department of Corrections and U.S. Marshals Service, which would hold more pretrial detainees; and DC residents affected by changes to local criminal justice policy set by Congress rather than the DC Council.

Defendants charged with violent or dangerous crimes would lose any chance of pretrial release regardless of individual circumstances, and those charged with lesser public-order offenses would need cash or property to get out of jail before trial, a shift from risk-based release. The changes would likely increase the DC jail population and reduce judicial discretion in a jurisdiction where Congress can override local law.

DC Superior Court judicial officers would apply the new mandatory-detention and secured-bond rules directly under the amended DC Code sections, with no new rulemaking or agency guidance required. Judges would classify charges as crimes of violence, dangerous crimes, or public safety/order crimes using the amended statutory definitions to determine whether detention is mandatory or a secured bond is required. A surety could arrest and return a released defendant to a U.S. Marshal for a judicial hearing on revoking release. The changes apply only to offenses charged 30 days after enactment, giving courts a short transition period.