Rep. Elise Stefanik is seen on Capitol Hill in Washington in January. (AP photo — Rod Lamkey Jr.)

Congresswoman Elise Stefanik has introduced two bills that would end what she describes as “cashless bail,” by revoking federal safety grants for states and local governments that have reformed their bail laws to restrict the use of cash bail to hold people accused of minor crimes.

One bill would alter existing federal law by changing a public safety law first passed in 1968 to prohibit the award of a specific federal Justice Assistance Grant to states and local governments that don’t implement a cash bail system for certain crimes including murder, sexual assault, burglary, assault, looting, vandalism, rioting or fleeing a law enforcement officer.

It targets the Edward Byrne Memorial grant, which is the single most used federal grant program to support local law enforcement efforts in the country. It provided over $270 million in total funding last year, with over $100 million going to local governments specifically.

The JAG program works off a formula that awards local and state governments money based on the proportion of crime that occurs in their jurisdiction; New York has 24 eligible local governments who can apply for the money, defined as any municipality with more than 130.12 crimes per year. New York municipalities get $76.85 per crime recorded per year. The city of Watertown is the only north country municipality to get JAG funding, receiving $11,733 last year.

Combined with the state’s general award of $8.3 million, New York got $13.8 million in JAG funding last year.

Stefanik promised to write the bill to end so-called ‘cashless bail’ in states including New York when President Donald Trump indicated he wanted something done on the issue last month. She has long pointed at New York’s laws as examples of bail reform failure and has pledged to overturn the reforms if put in a position to do so, as she’s floated a run for Governor.

“Under Kathy Hochul’s failed leadership, cashless bail policies in New York pose a clear and present danger to the Nation and must be terminated,” Stefanik said in a statement announcing the bills. “Today, Senator Marsha Blackburn and I are working alongside President Trump to end the cashless bail disaster. We can’t allow arrested individuals who are awaiting trial to be released back onto the streets to commit more crimes against their communities.”

New York’s bail laws are not entirely cashless, and predate Governor Hochul’s administration. The Governor has moved to amend those reforms in a way that critics have said rolled back bail reforms made in the original 2019 law.

New York eliminated cash bail for misdemeanors and non-violent felonies with that bail law, but cash bail is still an option for serious violent offenses and people proven to be repeat offenders or who have prior criminal convictions. Judges can also choose to hold individuals in jail with no cash bail at all. In 2023, lawmakers agreed to give judges more leeway to set terms to ensure a defendant returns to court, and expanded the list of bail-eligible crimes.

Stefanik’s other bill would specifically change the law in Washington, D.C., using the direct control Congress has over the federal city to overturn the laws their elected city council have put in place. Cash bail was eliminated in Washington in the 1990s, replacing the cash-focused system that allowed violent criminals out of jail if they could pay the right amount of money with one that holds people based on risk of re-offense and the severity of the crime committed. People ordered to jail in Washington do not have the chance to pay and be let go.

Under Stefanik’s law, that would change entirely and cash bail would be reinstated for the release of people charged with public safety or public order offenses. It would require mandatory detention for violent crimes, and tweaks the definition of crimes like burglary and robbery to catch violent instances of those crimes.

The bill also adds in restrictions on the use of pretrial release terms on people who have threatened, injured or attempted to threaten or injure a police officer or violated gun control laws while on probation or parole.

The bills have the support of the businesses that profit off of the cash bail system, the bail bond industry. People held in jail on a cash bail can offer a smaller sum than their bond is set at to the bondsman, as well as alternative collateral like a home or a vehicle, in exchange for the bondsman putting up the full cost for them to be released. If the defendant makes all court dates, regardless of the outcome of the case, all the bail is returned to the bondsman and they keep the initial sum paid by the defendant. If the defendant skips court dates, the bondsman can take the collateral or employ a bounty hunter to track down the defendant before the bond is forfeited.

“The National Association of Bail Agents & the NYS Bail Association are proud to stand with Congresswoman Elise Stefanik’s bill to end cashless bail policies in DC and across the nation,” said Michelle Esquenazi, President of The National Association of Bail Agents. “We applaud Congresswoman Elise Stefanik’s bold initiatives and leadership, and we are certain that this legislation will serve to protect the public safety of law-abiding citizens everywhere!”