State guides
Bail laws and bail financing by state
How each state handles money bail, commercial bail bonds and court deposits, and what that means if a family is considering a loan or payment plan. Each state page links to official sources.
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U.S. territories
- Commercial bail allowed
- Limited
- No commercial bail
Looking for Puerto Rico, Guam or another territory? See How Bail Works in U.S. Territories.
The terms used in this guide
- Cash bail means a court can require money as a release condition. Paid in full to the court, it is generally returned after the case ends, minus any lawful fees or deductions.
- Commercial bail (surety bond) means a licensed agent backed by an insurer promises the full amount to the court in exchange for a nonrefundable premium and sometimes collateral.
- Court deposit means a percentage of the bail (often 10%) is paid directly to the court, which may return most of it after the case.
- Release on recognizance means release on a written promise to appear, with no payment.
What this means for paying for bail
Bail loans and agent payment plans mostly exist where commercial bail is allowed, because the borrowed money pays a premium that does not come back. In states without commercial bail, the choices are usually paying the court directly, a court deposit, or nonfinancial release. A possible court refund is not a reliable way to repay a loan: deductions, forfeiture or a long case can delay or reduce it. See Paying for Bail and Bail Bond Costs.
States listed here as not permitting commercial bail: Illinois, Kentucky, Nebraska, Oregon, Wisconsin.
| State | Cash bail | Commercial bail | Court deposit | Premium rule |
|---|---|---|---|---|
| Alabama | Yes | Yes | No | No universal statutory percentage asserted; the written premium agreement and Board refund rules govern. |
| Alaska | Yes | Yes | Yes | Surety insurance rates are subject to Alaska insurance regulation; no mandatory uniform consumer percentage is stated here. |
| Arizona | Yes | Yes | Limited | Use the insurer’s applicable filed surety rate; Arizona does not establish one universal ten-percent premium in the release statute. |
| Arkansas | Yes | Yes | Yes | Section 17-19-301 generally requires 10%, rounded up to the nearest $5 if applicable, with a $50 minimum; statutory fees are separate. |
| California | Yes | Yes | No | Bail surety premiums follow the insurer’s filed rate schedule; 10% is common, not a universal statutory charge. |
| Colorado | Yes | Yes | No | Section 10-2-707 caps premium or commission at the greater of $50 or 15% of bail; only specified additional fees are permitted. |
| Connecticut | Yes | Yes | Yes | Surety agents must charge approved rates without unauthorized rebates; the approved schedule generally uses 10% of the first $5,000 and 7% above that. |
| Delaware | Yes | Yes | Limited | Surety agents must use approved premium rates; property agents must obtain advance approval of their rates and charges under Title 18. |
| District of Columbia | Limited | Limited | Limited | No routine commercial premium in the PSA release model; DISB nevertheless recognizes individual bail-bond producer authority, so there is no categorical licensing ban. |
| Florida | Yes | Yes | Yes | State bonds generally use a 10% premium with a $100 minimum; F.S. 648.33 requires the filed, approved rate, with no higher or lower premium. |
| Georgia | Yes | Yes | Limited | O.C.G.A. 17-6-30 caps surety compensation at 15% of the bond including applicable surcharges, with a permitted $50 minimum per bonded charge or offense. |
| Hawaii | Yes | Yes | Yes | HRS 804-62 describes a one-time 5%–15% compensation range, permits a $50 minimum, and authorizes specified additional fees; it is not a universal flat 10% rule. |
| Idaho | Yes | Yes | Yes | No universal premium percentage is established by the cited consumer guidance; the applicable insurer rate and contract control. Financed premiums require a signed written agreement and interest under DOI guidance. |
| Illinois | No | No | No | No commercial bail premium: Illinois prohibits for-profit bail bonds and ended monetary pretrial bail, including new percentage court deposits, on September 18, 2023. |
| Indiana | Yes | Yes | Yes | IC 27-10-4-5 requires collection in full at the premium rate filed with and approved by the insurance commissioner; a court's 10% deposit is not that premium. |
| Iowa | Yes | Yes | Yes | Section 811.2's deposit of no more than 10% is a court option, not a commercial premium cap; chapter 811 does not set a uniform commercial premium percentage. |
| Kansas | Yes | Yes | Yes | K.S.A. 22-2809b requires a minimum premium of 10% of the bond; at least half of that minimum must be received before posting, with financing for any unpaid minimum balance. |
| Kentucky | Yes | No | Yes | No commercial bail premium: KRS 431.510 prohibits furnishing bail or acting as surety for compensation; a court percentage deposit is not an agent's fee. |
| Louisiana | Yes | Yes | Limited | R.S. 22:1443 sets 12% of the bond or $120, whichever is greater; separately authorized statutory fees are additional. |
| Maine | Yes | Limited | Limited | No ordinary commercial premium schedule: Maine principally uses court bail and bail commissioners; a commissioner's statutory fee is not a surety premium. |
| Maryland | Yes | Yes | Yes | The insurer's approved premium applies; COMAR 31.03.05.07 restricts selling a higher-rate form when a lower approved form is available, subject to the court's specified bond type. |
| Massachusetts | Yes | Limited | No | No routine commercial premium schedule identified; professional sureties remain technically recognized under court registration rules, rather than an ordinary retail bail-bond market. |
| Michigan | Yes | Yes | Yes | MCL 750.167b limits compensation for becoming surety to 10% of the bail or $10, whichever is greater; a court deposit is separate. |
| Minnesota | Yes | Yes | No | Section 60M.02 requires the surety's approved filed rate and a $100 minimum; a filed alternative premium is permitted in specified cash-bail cases. Premium rebates are prohibited. |
| Mississippi | Yes | Yes | Limited | Section 83-39-25 requires 10% or $100, whichever is greater; capital charges or nonresident defendants require 15% or $100, whichever is greater, plus a $50 processing fee per bond. |
| Missouri | Yes | Yes | Yes | Missouri does not prescribe a universal 10% commercial premium; the agent's agreed charge governs, subject to applicable law. Section 544.455's court deposit is separate. |
| Montana | Yes | Yes | No | No statutory fixed or mandatory minimum 10% premium; CSI describes 10% as typical, with the commercial price set by the market and agreement. |
| Nebraska | Yes | No | Yes | No commercial bail premium; the statutory 10% court deposit is security, not an agent's fee. |
| Nevada | Yes | Yes | Yes | NRS 697.300: one-time premium of 15% of the bond or $50, whichever is greater; only separately authorized charges may be added. |
| New Hampshire | Yes | Yes | No | RSA 597:7-b recognizes premium-paid insurer bail agents; no uniform percentage is prescribed in that section or RSA 598-A. The applicable insurer rate and written agreement govern, subject to law. |
| New Jersey | Limited | Yes | Limited | Commercial premiums follow the surety insurer's applicable filed rate; a 10% court cash option is not a statutory commercial premium or a universal entitlement. |
| New Mexico | Limited | Yes | Limited | No universal premium rate confirmed; check applicable law and written contract. |
| New York | Limited | Yes | Yes | Maximum: 10% of the first $3,000, 8% of the next $7,000, and 6% above $10,000; a $10 minimum may be charged on bonds below $200. |
| North Carolina | Yes | Yes | Yes | Commercial premium may not exceed 15% of the bond's face amount under G.S. 58-71-95(5); reasonable collateral or indemnity is separately permitted. |
| North Dakota | Yes | Yes | Limited | Maximum premium, commission, or fee is the greater of 20% of bail furnished or $150; additional mileage cannot exceed the state-employee reimbursement rate. |
| Ohio | Yes | Yes | Yes | Commercial premium must follow the insurer's filed rate; Ohio's 10% court-deposit bond is a separate option, with 90% of that deposit returned upon compliance. |
| Oklahoma | Yes | Yes | No | The bond must disclose the premium; Oklahoma’s cited Bail Bond Act does not establish one universal percentage. Collateral is separate. |
| Oregon | Yes | No | Yes | No commercial bail premium. Security release ordinarily requires a 10% court deposit; the court retains 15% of the deposit, with a $5 minimum and $750 maximum. |
| Pennsylvania | Yes | Yes | Limited | Rule 528 permits a court deposit of no more than 10% when authorized. The former commercial maximum-premium statute, 42 Pa.C.S. § 5748, was repealed in 2015; no universal current percentage is stated here. |
| Rhode Island | Yes | Yes | Yes | A court ten-percent cash alternative is not a commercial premium. No universal commercial percentage is established by the official sources cited here. |
| South Carolina | Yes | Yes | Limited | Section 38-53-170(e) caps the premium at 15%; its text requires collection before execution of at least $100 or 10% of the bond, whichever is greater. |
| South Dakota | Yes | Yes | Limited | No universal percentage is established in the cited chapter; section 58-22-30 separates premium from reasonable collateral, which must be returned when bond liability finally ends. |
| Tennessee | Yes | Yes | Limited | Section 40-11-316 governs the ordinary 10% charge, nonresident 10–15% treatment, limited renewal charges, and a one-time initiation fee up to $25; a court deposit is different. |
| Texas | Yes | Yes | No | No universal statewide commercial premium percentage is fixed by Occupations Code Chapter 1704; the negotiated charge is separate from the judicial bond amount. |
| Utah | Yes | Yes | Limited | Rule R590-196 sets initial premiums at 10–20% of the bond, document preparation up to $20 per set, and credit-card fees up to 5% of the amount charged. |
| Vermont | Yes | Yes | Limited | No universal percentage is prescribed by Chapter 229; an insurance-backed bond uses the applicable insurer rate, not the court’s separate deposit of up to 10%. |
| Virginia | Yes | Yes | No | Chapter 9 and the DCJS bondsman rules do not set a universal consumer percentage; insurance-backed premiums depend on the insurer’s applicable rate and contract. |
| Washington | Yes | Yes | Limited | RCW 18.185.100 requires a posted fee schedule and written transaction terms; it does not prescribe a uniform statewide premium percentage. |
| West Virginia | Yes | Yes | Limited | Bonding fee: at least 10% of the bond, no more than its face amount; installments require at least 3% at issuance and the balance within 12 months (§ 51-10-5a). |
| Wisconsin | Yes | No | No | No commercial premium: § 969.12 prohibits compensated criminal-bail sureties; the 1979 legislation also eliminated corporate sureties under Chapter 969. |
| Wyoming | Yes | Yes | Limited | No universal consumer percentage is specified by the release rules; insurance-backed premiums follow the applicable insurer rate and agreement, not a court deposit percentage. |
"Limited" means the option exists only in some courts, case types or circumstances. Laws change; confirm current rules with the court or state agency before relying on this table. This is general information, not legal advice.