S 2706119th CongressIn Committee

Ending Cashless Bail in Our Nation’s Capital Act

Introduced: Sep 4, 2025

Civil Rights & Justice

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Ending Cashless Bail in Our Nation's Capital Act is a Senate bill that would require the District of Columbia to return to a cash bail framework, rather than allowing cashless or no-cash release options. It prohibits any DC policy that would deny cash bail at the highest level necessary to protect public safety for defendants deemed a clear threat, including those charged with specific offenses or with multiple offenses. Additionally, it would establish an automatic presumption of pretrial detention for all defendants charged with violent offenses (e.g., murder, rape, carjacking, robbery, etc.). In short, the bill moves DC away from cashless release and toward higher-cash or no-release standards, especially for violent crimes. Potentially, if enacted, the bill could increase pretrial detention for some defendants and would raise constitutional and policy questions about due process and the balance between public safety and individual rights. It would apply specifically to the District of Columbia and would supersede existing DC policies that allow cashless bail.

Key Points

1Prohibits DC from maintaining a cashless bail policy and requires cash bail at the highest level necessary to protect public safety for defendants posing a clear threat, including listed offenses or offenses charged on multiple occasions.
2Enumerates offenses for which the cash bail standard could apply, such as failure to appear, obstruction of justice, fleeing law enforcement, rioting, sexual abuse, property destruction, stalking, and aggravated assault.
3Establishes an automatic presumption of pretrial detention for all defendants charged with violent offenses (e.g., murder, rape, carjacking, sexual abuse of a minor, robbery, burglary).
4Applies specifically to the District of Columbia and would bar DC from adopting or maintaining cashless bail practices.
5Could prompt constitutional scrutiny, given the automatic detention presumption and the shift back toward higher cash bail levels.

Impact Areas

Primary group/area affected- Defendants in the District of Columbia, particularly those charged with violent offenses or offenses listed in the bill, who could face higher cash bail amounts or automatic pretrial detention.Secondary group/area affected- DC courts, prosecutors, defense attorneys, and pretrial services programs, which would need to implement and administer higher cash bail standards and the automatic detention presumption.Additional impacts- Public safety and victims’ communities could see changes in release patterns and potential changes in recidivism risk or court appearances.- Financial and housing stability for individuals who cannot afford higher bail could be affected, potentially increasing pretrial incarceration costs for the district.- Potential constitutional and legal challenges given the automatic detention presumption and the return to cash bail, drawing on precedents related to the balance of public safety and individual rights.

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