DC Bill Mandates Detention for ‘Dangerous’ Charges, Requires Cash Bail for New ‘Public Safety’ Offenses

The District of Columbia Cash Bail Reform Act of 2025 is looking to radically change who gets released and who stays detained while waiting for trial. The core of this bill is simple: it removes judicial discretion in serious cases and mandates cash bail for a new category of crimes. Starting 30 days after it becomes law, anyone charged with a “crime of violence” or a “dangerous crime” in D.C. will face mandatory detention until their trial date, overriding existing laws that allow judges to consider release options (Sec. 2).

The End of Judicial Discretion for Serious Charges

Under current D.C. law, judges weigh a variety of factors when deciding whether to detain someone before trial. This bill eliminates that balancing act for specific offenses. If you are charged with a crime of violence or a dangerous crime, the judge must order detention (Sec. 2). This is a significant shift because it means that even if a judge believes the defendant poses no flight risk and could be safely released with monitoring, their hands are tied. This mandatory detention also applies post-conviction, meaning those convicted of these crimes will be detained while awaiting sentencing or appeal (Sec. 2, amending Section 231325).

Furthermore, the bill tightens the definitions of “dangerous crime” and “crime of violence” to specifically target higher-level offenses, replacing general terms like “Burglary” and “Robbery” with “burglary in the first degree, attempted burglary in the first degree, or burglary with a dangerous weapon” and similar language for robbery (Sec. 2, amending Section 231331). This ensures the mandatory detention applies squarely to the most serious versions of these property crimes.

Cash Bail Returns for “Public Safety or Order” Offenses

Perhaps the biggest change for everyday offenses is the introduction of a new category: “public safety or order crimes.” This is where cash bail—or what the bill calls a “secured appearance bond”—becomes mandatory (Sec. 3). If you are charged with one of these new crimes, you can only be released after executing this secured bond.

What counts as a “public safety or order crime”? The list includes failure to appear, obstruction of justice, fleeing from a law enforcement officer, rioting, destruction of property, stalking, and—crucially—general burglary or robbery (Sec. 3, amending Section 231331). This means that for these offenses, the judge can no longer simply release you on your own recognizance or an unsecured bond. You must post collateral—money or property—to guarantee your appearance (Sec. 3).

For someone charged with destruction of property or obstruction of justice, this means the difference between walking out of the courthouse with a promise to return (an unsecured bond) and having to come up with cash or collateral upfront. This requirement for a secured bond is a direct financial barrier to pretrial release, impacting anyone who can’t easily access funds—a major concern for low-income defendants who could face detention simply because they can’t afford the bail amount set by the court.

The Real-World Impact: Money and Mandates

This legislation shifts power away from judicial officers and toward mandatory requirements. On one hand, the bill creates a strong presumption against release for anyone who has threatened or injured a law enforcement officer, witness, or juror, or who violated firearm restrictions while on supervision for a serious crime (Sec. 2). This provision aims to protect those involved in the justice system.

On the other hand, the move toward mandatory detention for serious charges and mandatory cash bail for the new “public safety” category significantly restricts pretrial liberty. For the average person, this means that getting charged with one of these offenses now carries an automatic financial penalty or a guarantee of pretrial detention, regardless of individual circumstances or whether the judge believes you are a risk. It’s a move that prioritizes mandatory detention and financial guarantees over individualized risk assessment, potentially leading to more people being held in jail before they have been convicted of any crime.