There is no cashless bail in Nevada: A Brief History of Reform Debates and Political Divide
Nevada does not have a cashless bail system. Cashless bail refers to a pretrial release system where defendants are released from custody without paying bail. Instead, Nevada operates under a traditional cash bail system, as outlined in Nevada Revised Statutes. Defendants must pay a set bail amount to secure release before trial.
The tragic murder of Iryna Zarutska, a 23-year-old Ukrainian refugee, in North Carolina, has reignited fierce debate over cashless bail. The suspect, released on cashless bail, was caught on video committing the crime, which spread rapidly across social media, amplifying public outcry.
A brief history of cash bail debates in Nevada politics
The push for bail reform in Nevada has roots dating back to the 1960s, but gained significant traction in the state during the late 2010s amid concerns over inequities in the pretrial system. In 2016, Nevada took steps toward bail reform with a pilot program in select courtrooms, spearheaded by Nevada Supreme Court Justice Jim Hardesty (D). The initiative tested a risk-assessment tool to determine pretrial release based on factors like flight risk and public safety, rather than financial ability, aiming to reduce bias and promote fairness.
In 2019, the Progressive Leadership Alliance of Nevada received a $1,745,000 grant from Borealis Philanthropy’s Spark Justice Fund to support legislative efforts to end cash bail and advance pretrial justice reform. That year, Assembly Bill 325, introduced by Democrat Assemblymember Ozzie Fumo, sought to overhaul the bail system by requiring judges to prioritize non-monetary conditions for release. Additionally, Assembly Bill 125, sponsored by Democratic Assemblymembers Dina Neal, Edgar Flores, and William McCurdy, sought to revise bail conditions. Lastly, Assembly Bill 203 proposed releasing individuals arrested for nonviolent misdemeanors on unsecured bonds—without upfront payment—if they had no history of failing to appear in court. Despite support from Assembly Democrats, none of these bills passed.
In 2020, the Nevada Supreme Court’s ruling in Valdez-Jimenez v. Eighth Judicial District Court mandated that judges consider a defendant’s financial ability, criminal history, community ties, and public safety risk when setting bail. This directive aimed to ensure reasonable, individualized bail amounts, reducing unfair detention of low-income defendants. However, Nevada’s cash bail system remained intact, requiring payment for release. The decision increased scrutiny of bail decisions, with judges in districts like the Eighth (Clark County) and Second (Washoe County) granting more releases on own recognizance for nonviolent or low-income defendants. Clark County District Attorney Steve Wolfson (D) acknowledged the Valdez-Jimenez ruling’s influence on bail processes but affirmed that cash bail remains prevalent in Las Vegas. In Washoe County, District Attorney Christopher Hicks (R) criticized the ruling, arguing it creates a “revolving door” for defendants, potentially jeopardizing public safety and victims’ rights under Nevada’s Marsy’s Law.
In 2021, Assembly Bill 424—supported by Assembly Judiciary Chair Steve Yeager (D) and mandating pretrial release hearings within 48 hours of arrest to prevent prolonged detention for those unable to pay—passed along partisan lines, with all Democrats voting in favor and Republicans opposed.
In 2023, Nevada passed Senate Bill 235—supported by Senate Judiciary Chair Melanie Scheible (D)—refining pretrial release with safety-focused conditions, evidentiary standards for bail, and presumptions of release for non-violent cases under bipartisan compromise.
In 2025, Gov. Lombardo (R) proposed Senate Bill 457 to extend bail hearings to 72 hours and add sentencing enhancements for crimes on release, but it yielded no major bail changes.
For Nevada, the cash bail system remains firmly in place, with progressive calls for reform consistently falling short. Despite ongoing efforts, no state or local jurisdiction in Nevada has adopted cashless bail, and recent legislation has only addressed pretrial detention timelines, leaving the cash bail framework unchanged.