Abolish Cash Bail

 

The purpose of this bill is to reduce the amount of detained citizens in Minnesota — specifically, non-white and

impoverished individuals — by banning cash bail entirely. This bill will not reverse any previous detainments of those

who failed to pay bail. However, defendants can request a hearing regarding their pre-trial release and whether they

would be eligible for Release on Own Recognizance (ROR) bail.

 

In America, over half a million people are stuck in pre-trial detention simply because they were unable to afford bail.

This number most largely consists of black and brown individuals as they are both more likely to be accused of criminal

activity, and more likely to be assigned exceedingly high cash bail amounts pre-trial. Awaiting conviction and the

conviction process itself can take years, all while the defendant is stuck in jail. Being in jail doesn’t just affect

the defendant (who could be exposed to inhumane conditions, sexual harassment, or lose access to essential medications

and services), but it can also affect their family — who may lose their only source of income or legal guardian,

resulting in the defendant's children potentially being placed in foster care. In addition, defendants who actually are

guilty or dangerous aren't prevented from escaping prosecution if they can afford bail. Not only that, but this system

costs over 14 billion dollars every year that’s paid by American taxpayers.

 

Bail: The condition of pre-trial release in which a defendant is or isn’t freed from custody based on any given judge's

preferred method of ensuring a defendant's return to court.

Cash bail: The most common type of bail in which the defendant or a legal adult (typically related to the defendant) is

required to pay a set amount of money determined by the judge. Defendants can pay in full or partner with a bail bond

agency and have their bail paid for by the company on the condition they pay a non-refundable fee — most commonly 10% of

their bail.

Release on Own Recognizance bail: A type of bail in which the judge determines pre-trial release based on whether the

evidence presents the defendant as a danger to society and/or a flight risk.

Defendant: The person being accused of a crime in a criminal case.

Detained: To be kept in custody temporarily until a defendant's trial has fully commenced.

Hearing: A formal proceeding before a judge where it will be determined whether the defendant's case may proceed to a

full trial.

Prosecution: The formal act of commencing a criminal charge against a defendant.

Conviction: The official outcome of the prosecution process.

Admonition: A, typically private, formal warning or reprimand issued against a judge for misconduct.

Censure: A, typically public, more severe and damaging formal disciplinary action taken against a judge for misconduct

voted on by the legislative body.

Impeachment: The official process of removing a judge for misconduct through a House vote or Senate trial.

 

There is no funding necessary for this bill.

 

Adherence to judicial requirements will be enforced by the State of Minnesota Board of Judicial Standards. Exact

penalties and the publicity of any given complaint will be left to the volition of the Board. Such penalties include but

are not limited to: admonitions, formal complaints, and — in more serious cases — censure, suspension, or impeachment.

 

January 1st, 2027.