Massachusetts bill looking to eliminate cashless bail in the Commonwealth

BOSTON – This week, State Representative Steven George Xiarhos (R–5th Barnstable) continued his strong opposition on Beacon Hill to Massachusetts laws providing cashless bail for criminal defendants.

“Cashless bail may have been well-meaning, but in practice it has failed,” Xiarhos said in written testimony he submitted to the Legislature’s Joint Committee on the Judiciary. “It has compromised public safety, removed accountability for offenders, wasted taxpayer dollars, and demoralized the law enforcement officers sworn to protect our communities. Most importantly, it has failed victims of crime, who deserve better from our justice system.”

In his testimony, Xiarhos urged his legislative colleagues to pass legislation (H.2059) he filed earlier this session to eliminate cashless bail in the Commonwealth. The bill will be heard by the Judiciary Committee in the coming days.

Xiarhos, now in his third term, has taken a strong public safety stance after spending 40 years in law enforcement before retiring as Deputy Chief of the Yarmouth Police Department. He currently serves on the Joint Committee on Public Safety and Homeland Security.

In his testimony, Xiarhos explained how the bail process works across Massachusetts when arrests occur outside of court hours, such as nights and weekends:

      •     Bail is set by commissioners at police stations.

      •     The vast majority of offenders are immediately released, often within hours of arrest.

      •     Taxpayers are responsible for paying the $80 fee to the commissioner for each person released.

      •     This system allows offenders—including repeat and violent offenders—to return to the streets with no immediate accountability.

“I have spoken directly with many police officers who feel this is a slap in the face,” Xiarhos said. “They become further frustrated when offenders walk out of the police station before the report is even completed, knowing that the officers and their families have actually paid the bail fee for the person just arrested. This is demoralizing and unfair to the very people who risk their lives to protect our communities.”

“The revolving door at our police stations wastes taxpayer money, places the public at risk, and undermines the very purpose of arresting dangerous individuals,” Xiarhos added.

Unlike other proposals that would increase the bail fee, Xiarhos says the legislation keeps bail commissioners and bondsmen harmless while restoring integrity to the system.

“This bill is not about punishing the poor or denying fairness,” Xiarhos said. “Defendants will continue to have full due process rights. But the system must ensure accountability, protect victims, and prioritize public safety.”

“As someone who has dedicated my life to protecting others, I believe it is my duty to use that experience to make Massachusetts safer and our justice system stronger,” Xiarhos concluded. “Eliminating cashless bail is a critical step in that direction.”

Advocates have long argued that it is unfair that a person’s freedom depend on their ability to pay, which disproportionately harms people with lower incomes and can lead to loss of housing and jobs while suspects are incarcerated.