This Act prohibits federal funding for state and local jurisdictions that substantially eliminate cash bail for covered offenses, including violent crimes and looting.
Nancy Mace
Representative
SC-1
This Act prohibits the distribution of federal funds to state or local jurisdictions that have substantially eliminated cash bail for serious offenses, including violent crimes and sex offenses. The Attorney General is responsible for identifying these affected jurisdictions regularly. Jurisdictions can regain access to federal funding after a set period or once they reinstate cash bail options for covered offenses.
The 'No Bailouts for Cashless Bail Jurisdictions Act' is a direct move to use federal money as leverage over local criminal justice decisions. If passed, the federal government would completely cut off federal funding to any state or local jurisdiction that the Attorney General decides has 'substantially eliminated' cash bail for a long list of serious crimes. This isn't just about a few high-profile cases; it covers everything from violent crimes and sex offenses to burglary, vandalism, and looting. The bill effectively tells local mayors and governors: keep cash bail in place for these offenses, or lose your federal support.
Under Section 2, the U.S. Attorney General becomes the ultimate referee for local bail policies. Every 90 days, the AG will publish a list of 'naughty' jurisdictions that have moved away from cash bail. The catch? The bill gives the AG broad power to decide what counts as a 'covered offense.' Beyond the specific crimes listed—like burglary or looting—the AG can add any other crime they deem 'appropriate.' For a local city manager or a police chief relying on federal grants for equipment, training, or community programs, this creates a massive cloud of uncertainty. If your local city council changes bail rules to address jail overcrowding, you could see millions in federal funding vanish from the budget within 30 days.
This isn't just a debate for lawyers; it hits the ground in very practical ways. Imagine a city that recently moved to a cashless system for certain non-violent burglaries to save taxpayers the cost of housing people in jail before their trial. Under this bill, that city would have to choose between their new policy and the federal funds that might pay for their public housing, infrastructure projects, or local law enforcement grants. Section 2(c) notes that once a city loses its funding, it is locked out for at least 180 days, even if they switch their policy back immediately. This 'waiting period' could leave local services in a lurch, potentially forcing budget cuts or tax hikes to fill the gap while waiting for the federal government to turn the tap back on.
The bill’s definitions in Section 3 add another layer of complexity for everyday citizens. For instance, 'looting' is defined broadly enough to include taking or destroying property during 'civil unrest.' This means if a local jurisdiction decides not to set high cash bail for someone involved in property damage during a protest, that entire city or county could be flagged. By tying federal dollars to how local judges handle specific incidents like vandalism or 'acts involving moral turpitude,' the bill moves control of the local courthouse to Washington D.C. Whether you’re a small business owner worried about crime or a taxpayer concerned about how your city’s budget is funded, this bill ensures that local bail reform comes with a potentially massive federal price tag.