Bail reform and bail laws by state

When someone signs a bond, they're promising to show up in court, usually with money behind that promise. The premium is what you hand a bail company for posting the bond on your behalf. The premium is usually yours to lose, and in California, for example, it isn't refunded once the person is released. But some states, including California and Florida, require a refund if the bail company itself returns the person to court early.

Illinois shows this most clearly. As of January 1, 2023, money bail is no longer required there, which means people go free under set conditions or remain in custody only when a judge orders it after a hearing.

New Jersey has relied on a risk-based approach since January 1, 2017. Anyone judged a real danger or flight risk can be detained, while low-risk people without money for bail go home.

Other states keep money bail yet have no bail companies at all, so payment goes straight to the court:

• Kentucky: commercial bail has been banned there since 1976.
• Massachusetts: the full bail amount is posted in cash, usually with relatives or friends pitching in.
• Maine: bail companies don't operate there, and most Class E crimes cannot come with money conditions.
• Nebraska: a 10% cash deposit goes to the court clerk.
• Oregon: in Multnomah County, you must pay a 10% deposit with cash or a card; the court keeps 15% of that deposit (minimum $5, maximum $750).

New York's 2019 reform took effect January 1, 2020. It reserves bail for certain charges and tells judges to choose the least restrictive option. Cash bail has not disappeared there.

New Mexico voters approved a constitutional amendment in 2016. Judges must now choose the least restrictive conditions, turning to a money bond only when those would not be enough.

Colorado's SB20-161 calls for pretrial programs in every county, though it did not end money bail. A 2023 Rhode Island law prohibits cash-only bail unless the person owes court-ordered restitution.

Hawaii has 2026 bills pending; one would mandate recognizance release for people accused of nonviolent crimes. Montana's legislature passed a 2025 bill for a 10% minimum premium, but it was vetoed, so it never became law.

Being released on recognizance means someone walks free based only on a promise to come back, without any payment. Iowa, South Dakota, the District of Columbia, and many other states instruct judges to consider this or an unpaid bond before anything else. With an unsecured bond, money is owed solely when the person fails to appear.

A number of states also give you the choice of paying 10% straight to the court rather than hiring a bail company. Connecticut permits this when bail is $20,000 or less; Ohio, Iowa, and North Dakota also let people use a 10% deposit.

New York puts a ceiling on bail agent fees. For a $10,000 bond, the most you'd owe is 10% on the first $3,000 plus 8% on the rest.

In New York, bail companies can charge at most 10% on bonds up to $3,000, and less on larger bonds (8%, then 6% on the higher portions), while very small bonds can carry a $10 minimum.

In Tennessee, residents pay 10% of the bond, plus a single $25 fee and a $12 bail tax. Paying in installments means at least 50% is due at signing, with the balance due within 12 months.

Minnesota requires at least 50% up front on bonds up to $10,000, and 30% or more on larger ones. Kansas says a bail company must have at least half the premium in hand before posting the bond.

A few states look out for you when a bail company returns the person to court. In most of these situations, North Carolina requires the full premium to be returned within 72 hours. California and Nevada bar renewal premiums, so the bill does not come around again every year.