Sponsors (2)
The bill increases clarity and transparency for prosecutors and preserves federal funds for jurisdictions that keep cash bail, but it conditions federal support on local pretrial policy and grants expansion authority to the Attorney General—trading clearer enforcement and funding certainty for greater federal control and risks of harsher, disproportionate pretrial outcomes and local fiscal harm.
Law enforcement, courts, and federal prosecutors get clearer, uniform definitions for offenses (e.g., looting, burglary, vandalism) and for 'cash bail', reducing ambiguity in charging, bail, and release decisions.
Localities that continue to use cash bail can keep receiving federal funds for public-safety programs, preserving resources for policing and related community safety initiatives.
Requires the Attorney General to publish determinations about jurisdictions' pretrial-release policies, increasing transparency and public accountability about which places changed cash-bail rules.
Jurisdictions that eliminate or change cash-bail policies risk losing federal funding (including multi-month gaps of at least 180 days), creating fiscal instability and reducing resources for courts, public defenders, and local services.
The threat of losing federal funds creates pressure on jurisdictions to retain cash bail, which disproportionately harms low-income people who cannot afford secured money conditions and increases pretrial detention for the poor.
Giving the Attorney General discretion to add offenses and tying definitions to federal sex-offense frameworks centralizes control over pretrial policy and risks expanding tougher bail rules without new Congressional action, raising federalism and rights concerns.
Based on analysis of 3 sections of legislative text.
Conditions federal funding on jurisdictions retaining secured monetary pretrial release (cash bail) for specified offenses; AG enforces and may publish determinations.
Official title: To prohibit Federal funds from being made available to a jurisdiction that substantially eliminates cash bail.
Introduced May 14, 2026 by Nancy Mace · Last progress May 14, 2026
Prohibits federal funding to any state or local jurisdiction that the Attorney General determines has substantially eliminated cash bail for a set of listed offenses. The Attorney General must publish determinations and may restore funds only after specified waiting periods or after finding the jurisdiction no longer substantially eliminated cash bail. Defines key terms including "cash bail," "covered offense," and categories of crimes covered (crimes of violence, certain sex offenses, burglary, vandalism, looting, and other offenses the Attorney General designates).