Verified by Licensed Bail Bond Professionals•Last updated: March 2026
Quick Answer: As of 2026, 3 states have largely eliminated cash bail: Illinois, New Jersey, and New York (partially). Several others have implemented major reforms. Florida has not eliminated cash bail and continues to use the traditional bail bond system.
States That Have Eliminated Cash Bail
| State | Year | System |
|---|---|---|
| Illinois | 2023 | Pretrial Fairness Act — eliminated cash bail entirely; judges use risk assessment |
| New Jersey | 2017 | Criminal Justice Reform Act — replaced cash bail with risk-based assessment |
| New York | 2020 | Eliminated cash bail for most misdemeanors and non-violent felonies (partially rolled back) |
States with Major Bail Reforms
| State | Reform |
|---|---|
| California | SB 10 passed in 2018 to eliminate cash bail, but overturned by voter referendum (Prop 25) in 2020 |
| Kentucky | Does not allow commercial bail bonds; uses pretrial services and 10% deposit system |
| Oregon | Does not allow commercial bail bonds; uses conditional release and 10% deposit |
| Wisconsin | Does not allow commercial bail bonds; cash bail or signature bond only |
| Massachusetts | 2019 reform reduced bail for low-risk defendants; still allows bail bonds |
| Connecticut | 2017 reform based on risk assessment for non-violent misdemeanors |
Florida's Position on Bail Reform
Florida has not eliminated cash bail and currently has no active legislation to do so. The Florida Constitution (Article I, Section 14) guarantees the right to bail for non-capital offenses, and the state uses the traditional bail bond system with licensed bail bondsmen.
Florida's bail system is regulated by the Department of Financial Services, and bond premiums are set at 10% by law (F.S. 648.44).
Arguments For and Against Bail Reform
Arguments for eliminating cash bail:
- Poor defendants sit in jail while wealthy defendants go free for the same charges
- Pretrial detention costs taxpayers billions annually
- Studies show risk assessment tools can effectively predict flight risk
Arguments against eliminating cash bail:
- Financial incentive ensures defendants appear in court
- Bail bondsmen actively monitor and recover defendants who skip court
- States that eliminated bail saw increases in failure-to-appear rates
- Victims may feel unsafe if defendants are released without financial conditions
Need Help Posting Bail?
Licensed bail bond agents available 24/7 across all 67 Florida counties.
Start Bail Process →