This presidential order directs federal agencies to review and potentially cut funding to jurisdictions with cashless bail policies deemed to threaten public safety.
The Attorney General will identify these jurisdictions, focusing on those with a high rate of releases for violent crimes or offenses involving property damage, before federal funds are reviewed.
The order aims to prioritize incarcerating individuals considered high risks to society, emphasizing the need to maintain order and public safety.
Arguments For
Intended Benefit: Enhanced public safety by incarcerating individuals considered a threat to society before trial.
Evidence Cited: The order cites the concern that cashless bail policies lead to the repeated release and rearrest of potentially violent criminals, wasting resources and endangering the public.
Implementation Methods: The Attorney General is tasked with identifying jurisdictions with cashless bail, and federal agencies are directed to review and potentially suspend or terminate funding to these jurisdictions.
Legal/Historical Basis: The order is based on the President's authority under the Constitution and laws of the United States.
Arguments Against
Potential Impacts: May disproportionately affect low-income individuals and those from marginalized communities, exacerbating existing inequalities in the criminal justice system. Could face legal challenges based on the separation of powers and federalism.
Implementation Challenges: Determining which jurisdictions have “substantially eliminated” cash bail and defining what constitutes a “clear threat to public safety” might be difficult and lead to inconsistent application.
Alternative Approaches: Improving community policing and addressing root causes of crime, increasing pretrial services such as supervision and drug treatment programs could be explored as alternative solutions.
Unintended Effects: Could lead to increased incarceration rates and overcrowding in jails, potentially straining local budgets and resources, and potentially increasing the social problems it is aimed at reducing.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose and Policy. Maintaining order and public safety requires incarcerating individuals whose pending criminal charges or criminal history demonstrate a clear ongoing risk to society. When these individuals are released without bail under city or State policies, they are permitted — even encouraged — to further endanger law-abiding, hard-working Americans because they know our laws will not be enforced. Our great law enforcement officers risk their lives to arrest potentially violent criminals, only to be forced to arrest the same individuals, sometimes for the same crimes, while they await trial on the previous charges. This is a waste of public resources and a threat to public safety.
As President, I will require commonsense policies that protect Americans’ safety and well-being by incarcerating individuals who are known threats. It is therefore the policy of my Administration that Federal policies and resources should not be used to support jurisdictions with cashless bail policies, to the maximum extent permitted by law.
This section establishes the order's purpose: to enhance public safety by limiting federal support for jurisdictions with cashless bail systems.
It argues that these policies allow dangerous individuals to remain free, endangering the public and wasting law enforcement resources.
The administration's policy is to withhold federal funds from these jurisdictions when legally permissible.
Sec. 2. Consequences for Cashless Bail Jurisdictions. (a) Within 30 days of the date of this order, the Attorney General shall submit to the President, through the Assistant to the President for Homeland Security, a list of States and local jurisdictions that have, in the Attorney General’s opinion, substantially eliminated cash bail as a potential condition of pretrial release from custody for crimes that pose a clear threat to public safety and order, including offenses involving violent, sexual, or indecent acts, or burglary, looting, or vandalism. The Attorney General shall update this list as necessary.
(b) The head of each executive department and agency, in coordination with the Director of the Office of Management and Budget, shall identify Federal funds, including grants and contracts, currently provided to cashless bail jurisdictions identified pursuant to subsection (a) of this section that may be suspended or terminated, as appropriate and consistent with applicable law.
This section outlines the actions to be taken.
The Attorney General must create a list of jurisdictions with cashless bail systems that pose a public safety risk within 30 days.
This list will then be used by federal agencies to identify and potentially suspend or terminate federal funding to these identified jurisdictions.
The Attorney General will update this list as needed.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department of Justice.
This section includes general provisions clarifying the order's scope and implementation.
It ensures that the order does not override existing agency authorities or OMB functions.
It stipulates that implementation is subject to existing laws and available funds.
Finally, the order explicitly states it creates no new legal rights, and that publication costs will be covered by the Department of Justice.