Bail and Pretrial Release Conditions

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End Cash Bail Systems

AKA “Ensure Fair Pretrial Detention and Protect Public Safety”


Which agency/agencies promulgated the regulation? *
State legislatures and local courts; federal guidance via Department of Justice
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
This proposal seeks to: Modify 18 U.S.C. § 3142 to strengthen protections against pretrial detention based on inability to pay. Encourage state-level rescissions or restrictions of cash bail systems through legislation, court rules, and DOJ policy pressure.
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Interpretive Rule
What is the name of the regulation being rescinded, if applicable? *
Bail and Pretrial Release Conditions
Please provide a short summary of the justifications for the rescission. *
Cash bail punishes poverty, not risk. Rescinding this system ensures pretrial detention is based on actual threat, not financial status.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Department of Justice Office of Justice Programs 810 7th Street NW Washington, DC 20531
Please insert the contact information for the agency. *
Andrew Braniff, Senior Counsel to the Assistant Attorney General, Civil Rights Division, Department of Justice, (202) 514-3831, EMP.Lit@crt.usdoj.gov.
What is the background for the regulation being rescinded? *
Many jurisdictions hold defendants in jail for weeks or months simply because they cannot afford bail, even for low-level offenses. This creates unjust outcomes and burdens taxpayers.
Explain the reasons for the rescission. *
Pretrial liberty should depend on risk, not wealth. Ending cash bail strengthens due process and improves public safety outcomes.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
Federal pretrial detention decisions will be based solely on risk assessments and non-financial conditions of release. State-level reforms are encouraged through DOJ incentives.
Please insert the name of the current agency head. *
Pam Bondi
Please insert the title of the agency head. *
Attorney General, US Department of Justice

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