Cashless Bail Reporting Act
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The bill would require the Attorney General to publish an annual public list of states and local governments that allow people charged with certain violent, sexual, or public-disorder offenses to be released before trial without cash bail.
The measure would not ban cashless bail itself but would create a public reporting mechanism intended to spotlight jurisdictions that have moved away from cash bail for offenses the bill says threaten public safety and order.
What this bill would do
What it would do
The bill would direct the Attorney General to make publicly available, within one year of enactment and annually thereafter, a list of every state and unit of local government that permits people charged with a "covered offense" to be released before trial on personal recognizance or an unsecured appearance bond rather than cash bail. Covered offenses are defined to include violent or sexual acts such as murder, rape, sexual assault, carjacking, robbery, burglary, and assault, as well as offenses that promote public disorder, such as looting, vandalism, destruction of property, rioting, and fleeing from a law enforcement officer. The bill does not itself prohibit cashless bail policies, change bail procedures, or penalize jurisdictions on the list. It is limited to creating the reporting requirement, and the Attorney General retains discretion to determine which offenses qualify as covered offenses.
Key provisions
- 1Would require the Attorney General to publish annually a public list of states and local governments permitting release without cash bail for covered offenses
- 2Defines "covered offense" to include violent or sexual crimes such as murder, rape, robbery, and burglary
- 3Defines "covered offense" to also include offenses that promote public disorder, such as looting, vandalism, and rioting
- 4Sets the first publication deadline at one year after enactment, with annual updates thereafter
Who would be affected
State and local governments and courts that set pretrial release policies, particularly jurisdictions that allow release without cash bail for the listed offense categories, and the Department of Justice, which would compile and publish the annual list.
Why it matters
Jurisdictions named on the list could face public scrutiny or political pressure over their pretrial release practices, even though the bill imposes no direct penalty or mandate to change those practices. The measure would give the federal government a standing tool to track and publicize local bail policy choices nationwide.
What would change
Agencies directed to act
Effective dates
- First public list of cashless-bail jurisdictions must be published, then annually thereafter
Funding and costs
Congressional Budget Office estimate
CBO estimates H.R. 5625 would cost less than $500,000 over the 2026–2030 period, with no effect on direct spending, revenues, or the deficit.
CBO estimates that implementing the Cashless Bail Reporting Act would cost less than $500,000 over the 2026–2030 period; any such spending would be subject to the availability of appropriated funds (i.e., Congress would need to provide the money through annual spending bills). The bill would have no effect on direct (mandatory) spending or revenues, and would not increase the deficit in any 10-year period beginning after 2035. CBO identified no intergovernmental or private-sector mandates in the bill. The low cost estimate reflects that the Attorney General is already directed by Executive Order 14342 (issued August 25, 2025) to compile a similar list of jurisdictions that have eliminated cash bail, meaning the bill largely formalizes work already underway.
How implementation would work
The Attorney General would determine which criminal offenses qualify as "covered offenses" under the statutory categories, then identify which states and local governments permit personal-recognizance or unsecured-bond release for people charged with those offenses. The Department of Justice would compile this information into a public list, publish it within one year of enactment, and update it annually. The bill sets no enforcement mechanism, penalty, or funding stream tied to the list.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill requires the Department of Justice to publish annually a list of state and local governments that permit individuals who are charged with certain criminal offenses that pose a clear threat to public safety and order to be released pending trial on personal recognizance or upon execution of an unsecured appearance bond.
Under the bill, the criminal offenses that pose a threat to public safety and order include criminal offenses involving a violent or sexual act (e.g., burglary, murder, or rape) and offenses that promote public disorder (e.g., looting or vandalism).
On August 25, 2025, President Donald Trump issued an executive order that required the Department of Justice to submit to the Assistant to the President for Homeland Security a list of state and local jurisdictions that have substantially eliminated cash bail as a potential condition for pretrial release for crimes that pose a clear threat to public safety and order, including offenses involving violent, sexual, or indecent acts, or burglary, looting, or vandalism.
Legislative subjects
Crime and Law Enforcement; Criminal procedure and sentencing; Government information and archives; State and local government operations
Committee report
H. Rept. 119-602