Key Takeaways
- In 2019, 82% of people held in jail pretrial could not afford bail of $5,000 or less
- In Harris County, Texas, low-income defendants pay an average of 8.4% of their annual income in bail premiums
- Families of detained individuals in New York spend $175 million annually on commercial bail bonds
- Black Americans are detained pretrial at rates 3.6 times higher than white Americans nationally
- Latino defendants in California face bail amounts 25% higher than white defendants for similar charges
- In Los Angeles County, Black individuals are assigned bail 51% higher than whites for non-violent offenses
- The median cash bail amount set nationwide for felonies was $10,000 in 2020
- Failure-to-appear rates dropped by 20% after Philadelphia ended cash bail for misdemeanors in 2018
- Pretrial release without cash bail reduces recidivism by 12% compared to cash bail systems
- New Jersey's bail reform eliminated cash bail and reduced pretrial jail population by 44% from 2014-2017
- Illinois' Pretrial Fairness Act abolished cash bail statewide effective 2023, reducing jail populations by 15% initially
- Cook County, IL saw a 25% drop in pretrial detention after risk-based assessments replaced cash bail in 2017
- Across the U.S., pretrial detainees make up 71% of the local jail population as of 2022
- Nationally, 462,000 people are jailed pretrial for inability to pay bail under $5,000
- U.S. jails hold 500,000 pretrial detainees daily, costing taxpayers $14 billion yearly
Cash bail disproportionately harms poor and minority communities while failing to improve court appearances.
Comparative and National Stats
- Across the U.S., pretrial detainees make up 71% of the local jail population as of 2022
- Nationally, 462,000 people are jailed pretrial for inability to pay bail under $5,000
- U.S. jails hold 500,000 pretrial detainees daily, costing taxpayers $14 billion yearly
- In 2021, 74% of U.S. jail inmates were pretrial, up from 60% in 1996
- Federal pretrial detention averages 25 days, but cash bail cases extend to 60 days average
- Statewide, 1 in 5 pretrial detainees are held for drug offenses under $2,500 bail
- Nationally, misdemeanor bail averages $2,500 but detains 400,000 people yearly
- U.S. pretrial population grew 50% from 2000-2020 despite stable crime rates
- 80% of county jail budgets ($13 billion) fund pretrial detention nationally
- Federal cash bail cases average $25,000, detaining 30% of defendants
- State pretrial detention rates vary from 50% in Hawaii to 85% in Louisiana
- Nationwide, 25% of pretrial detainees are held for traffic violations under $1,000 bail
- Urban counties detain 78% pretrial vs. 55% in rural counties
- 2022 national average pretrial detention rate was 68% of jail population
- Southern states have 20% higher pretrial detention rates than Northeast
- Pretrial jail costs per inmate average $100/day, totaling $38 billion over decade
- West Coast states average 62% pretrial detention vs. 75% Midwest
- National pretrial failure-to-appear rate is 17% regardless of cash or not
- Pretrial detainees represent 70% of jail growth since 1983
- Northeast U.S. has lowest pretrial detention at 58% average
- 2023 jail census: 470,000 pretrial nationally
- Pretrial detention costs $80 billion in lost productivity over 10 years
Comparative and National Stats Interpretation
Economic and Financial Burdens
- In 2019, 82% of people held in jail pretrial could not afford bail of $5,000 or less
- In Harris County, Texas, low-income defendants pay an average of 8.4% of their annual income in bail premiums
- Families of detained individuals in New York spend $175 million annually on commercial bail bonds
- 60% of cash bail payments nationwide come from family borrowing or debt
- Average bail bond fee is 10-15% of bail amount, totaling $1.5 billion in premiums yearly
- Poor defendants lose 15% of income to bail forfeiture annually nationwide
- Commercial bail industry profits $2.5 billion from low-income communities yearly
- 55% of bail payers use credit cards, accruing $500 million in interest fees
- Bail agents seize 3-5% of collateral like cars from low-income families yearly
- Families sell assets worth $1 billion yearly to post bail nationwide
- Payday loans for bail spike 25% in high-cash-bail jurisdictions
- Non-payment of bail leads to $400 million in forfeited bonds annually
- Bail premium financing adds 20% APR interest, costing $300 million yearly
- 70% of bail money is non-refundable premiums to bondsmen
- Low-bail defendants ($500 or less) still comprise 20% of pretrial jail population
- Bail agents repossess vehicles in 5% of cases, costing $100 million yearly
- 45% of pretrial detainees have mental health issues, exacerbated by cash bail
- Forfeited bail judgments total $500 million uncollected yearly from poor defendants
- 35% of bail payers take high-interest loans averaging 300% APR
- Bail industry lobbies spent $10 million in 2022 to preserve cash bail
- Average family debt from one bail payment is $4,000 long-term
- 25% of U.S. counties rely on bail revenue for 10%+ of budgets
Economic and Financial Burdens Interpretation
Pretrial Detention Effects
- The median cash bail amount set nationwide for felonies was $10,000 in 2020
- Failure-to-appear rates dropped by 20% after Philadelphia ended cash bail for misdemeanors in 2018
- Pretrial release without cash bail reduces recidivism by 12% compared to cash bail systems
- Cash bail leads to 40% higher pretrial rearrest rates for released defendants under financial pressure
- Detained pretrial defendants are 3 times more likely to plead guilty due to pressure
- Cash bail systems increase jail violence incidents by 22% due to overcrowding
- Pretrial detention correlates with 25% higher conviction rates overall
- Released on cash bail defendants miss 15% more court dates due to work conflicts
- Cash bail pretrial release shows no difference in rearrest rates vs. non-financial release
- Pretrial incarceration increases homelessness risk by 40% post-release
- Cash bail correlates with 17% longer sentences for those detained pretrial
- Detained individuals lose 200,000 jobs yearly due to pretrial hold
- Pretrial release on recognizance has 10% lower recidivism than cash bail
- Cash bail systems show 8% higher community supervision violation rates
- Pretrial detention increases child welfare involvement by 25%
- Cash bail released individuals have 14% higher abscond rates due to debt
- Detention pretrial leads to 30% loss in annual wages for released defendants
- Cash bail increases overdose deaths post-release by 20% from lost stability
- Pretrial hold averages 23 days nationally, but 45 for cash bail cases
- Cash bail leads to 12% higher pretrial crime rates from financial stress
- Detained pretrial have 4x suicide attempt rate in jail
- Pretrial release without money has same court appearance as cash bail
Pretrial Detention Effects Interpretation
Racial and Ethnic Disparities
- Black Americans are detained pretrial at rates 3.6 times higher than white Americans nationally
- Latino defendants in California face bail amounts 25% higher than white defendants for similar charges
- In Los Angeles County, Black individuals are assigned bail 51% higher than whites for non-violent offenses
- Native American defendants in Montana face pretrial detention rates 4 times the state average
- Asian American defendants in New York City receive 15% lower bail amounts than other groups on average
- In Broward County, FL, Hispanic defendants pay 20% more in bail than non-Hispanics
- Black women in Georgia are 5 times more likely to be detained pretrial than white women
- In Maricopa County, AZ, Indigenous defendants face 35% higher bail assignments
- Pacific Islanders in Hawaii have pretrial detention rates 2.8 times whites
- In Milwaukee, Black men under 30 are detained pretrial at 51% rate vs. 18% whites
- Elderly Black defendants in Florida face 28% higher detention rates pretrial
- Middle Eastern defendants in NYC post-9/11 saw 40% bail increases
- Black youth in LA County detained pretrial at 4.5x rate of white youth
- Latino women in Texas have 2.7x pretrial detention risk vs. white women
- Asian defendants in San Francisco receive bail 12% lower but higher detention post-hearing
- Native Hawaiian defendants in Hawaii detained at 3x rate of whites
- Black defendants in Chicago assigned $5,000 higher average bail than whites
- Hispanic youth in California detained pretrial at 3.2x white youth rate
- White defendants in rural Kentucky receive 18% lower bail than Black counterparts
- Black transgender defendants in NYC face 60% higher detention rates
- Latino defendants in Arizona assigned 22% higher bail for misdemeanors
- Indigenous women in Minnesota detained pretrial at 6x white women rate
Racial and Ethnic Disparities Interpretation
Reform Outcomes
- New Jersey's bail reform eliminated cash bail and reduced pretrial jail population by 44% from 2014-2017
- Illinois' Pretrial Fairness Act abolished cash bail statewide effective 2023, reducing jail populations by 15% initially
- Cook County, IL saw a 25% drop in pretrial detention after risk-based assessments replaced cash bail in 2017
- Kentucky's bail reform pilot reduced failures-to-appear by 18% using citations over cash
- Washington's statewide risk assessment eliminated cash bail needs for 90% of cases
- Oregon's pretrial reform cut jail costs by $15 million yearly post-2013
- New York's 2019 bail reform initially dropped jail population by 50% before rollbacks
- Maryland's risk-based system reduced pretrial detention by 18% since 2017
- Colorado's universal pretrial release cut jail use by 30% in pilot counties
- Nevada's 2021 reform expanded release options, lowering detention by 12%
- Utah's 2018 reform using metrics cut failures-to-appear by 13%
- Delaware eliminated cash bail in 2022, reducing average detention days by 20
- New Mexico's pretrial reforms since 2016 cut jail population by 42%
- Hawaii's 2017 reform expanded release, dropping detention by 35%
- Connecticut's risk assessment since 2010 reduced detention by 22%
- Virginia's 2020 reform decriminalized some offenses, cutting pretrial by 16%
- Michigan's pretrial pilot in 10 counties reduced detention 28% with alternatives
- Ohio's 2019 reforms expanded citations, reducing jail by 10% pretrial
- Idaho's pretrial services cut detention needs by 25% since 2013
- Pennsylvania's county reforms averaged 20% detention reduction
- Rhode Island eliminated cash bail in 2022, dropping population by 18%
- Vermont's reforms since 2015 reduced average pretrial days by 15
Reform Outcomes Interpretation
Sources & References
- Reference 1PRISONPOLICYprisonpolicy.orgVisit source
- Reference 2BRENNANCENTERbrennancenter.orgVisit source
- Reference 3VERAvera.orgVisit source
- Reference 4PEWTRUSTSpewtrusts.orgVisit source
- Reference 5TEXASOBSERVERtexasobserver.orgVisit source
- Reference 6ACLUaclu.orgVisit source
- Reference 7PHILAphila.govVisit source
- Reference 8ILLINOISPOLICYillinoispolicy.orgVisit source
- Reference 9LACOUNTYlacounty.govVisit source
- Reference 10COUNCILONCJcounciloncj.orgVisit source
- Reference 11COOKCOUNTYCOURTcookcountycourt.orgVisit source
- Reference 12URBANurban.orgVisit source
- Reference 13NBERnber.orgVisit source
- Reference 14KYCOURTSkycourts.govVisit source
- Reference 15BJSbjs.ojp.govVisit source
- Reference 16BAILPROJECTbailproject.orgVisit source
- Reference 17DATANYCdatanyc.orgVisit source
- Reference 18SENTENCINGPROJECTsentencingproject.orgVisit source
- Reference 19COURTScourts.wa.govVisit source
- Reference 20USSCussc.govVisit source
- Reference 21JUSTICEPOLICYjusticepolicy.orgVisit source
- Reference 22MIAMIDADEmiamidade.govVisit source
- Reference 23OREGONoregon.govVisit source
- Reference 24INNOCENCEPROJECTinnocenceproject.orgVisit source
- Reference 25SOUTHERNCENTERsoutherncenter.orgVisit source
- Reference 26AEAWEBaeaweb.orgVisit source
- Reference 27NYCOURTSnycourts.govVisit source
- Reference 28CONSUMERREPORTSconsumerreports.orgVisit source
- Reference 29ACLUAZacluaz.orgVisit source
- Reference 30PRETRIALpretrial.orgVisit source
- Reference 31MDCOURTSmdcourts.govVisit source
- Reference 32NAICnaic.orgVisit source
- Reference 33COURTScourts.state.hi.usVisit source
- Reference 34NIJnij.ojp.govVisit source
- Reference 35CDPSDOCScdpsdocs.state.co.usVisit source
- Reference 36ACLUMWaclumw.orgVisit source
- Reference 37HUDUSERhuduser.govVisit source
- Reference 38NVCOURTSnvcourts.govVisit source
- Reference 39CFPBcfpb.govVisit source
- Reference 40FLOIRfloir.comVisit source
- Reference 41JOURNALSjournals.uchicago.eduVisit source
- Reference 42LEGACYlegacy.utcourts.govVisit source
- Reference 43NYCLUnyclu.orgVisit source
- Reference 44NELPnelp.orgVisit source
- Reference 45COURTScourts.delaware.govVisit source
- Reference 46CONSUMERFINANCEMONITORconsumerfinancemonitor.comVisit source
- Reference 47BSCCbscc.ca.govVisit source
- Reference 48PSCpsc.govVisit source
- Reference 49NMCOURTSnmcourts.govVisit source
- Reference 50TEXASCIVILRIGHTSPROJECTtexascivilrightsproject.orgVisit source
- Reference 51CNAcna.orgVisit source
- Reference 52SFSUPERIORCOURTsfsuperiorcourt.orgVisit source
- Reference 53CHILDWELFAREchildwelfare.govVisit source
- Reference 54JUDjud.ct.govVisit source
- Reference 55INSURANCEJOURNALinsurancejournal.comVisit source
- Reference 56AGag.hawaii.govVisit source
- Reference 57RANDrand.orgVisit source
- Reference 58VCSCvcsc.virginia.govVisit source
- Reference 59NAMInami.orgVisit source
- Reference 60CHICAGOREPORTERchicagoreporter.comVisit source
- Reference 61EPIepi.orgVisit source
- Reference 62COURTScourts.michigan.govVisit source
- Reference 63COUNCILOFSTATEGOVScouncilofstategovs.orgVisit source
- Reference 64GAOgao.govVisit source
- Reference 65WCLwcl.american.eduVisit source
- Reference 66AJPHajph.aphapublications.orgVisit source
- Reference 67SUPREMECOURTsupremecourt.ohio.govVisit source
- Reference 68PROPUBLICApropublica.orgVisit source
- Reference 69KYPOLICYkypolicy.orgVisit source
- Reference 70ISCisc.idaho.govVisit source
- Reference 71OPENSECRETSopensecrets.orgVisit source
- Reference 72PACOURTSpacourts.usVisit source
- Reference 73URBANINSTITUTEurbaninstitute.orgVisit source
- Reference 74NCBIncbi.nlm.nih.govVisit source
- Reference 75COURTScourts.ri.govVisit source
- Reference 76ACLU-MNaclu-mn.orgVisit source
- Reference 77VERMONTJUDICIARYvermontjudiciary.orgVisit source
- Reference 78AMERICANPROGRESSamericanprogress.orgVisit source






