Many people are surprised to learn that commercial bail bonds are not allowed everywhere in the United States. Some states have made the practice illegal because they use different systems for releasing defendants. These states rely on courts and government agencies instead of private bail bond companies. Understanding where bail bonds are not permitted helps families know what to expect if someone is arrested while traveling or living outside Kansas.
States That Do Not Allow Commercial Bail Bonds
Only a small number of states ban commercial bail bonding. These states use court-controlled systems for release instead of private companies. Each state has its own rules, but the idea is similar. The court handles the entire release process without involving a bondsman.
- Illinois
- Kentucky
- Oregon
- Wisconsin
In these states, families cannot hire a private bondsman to pay a percentage of the bail. Instead, the court may set a deposit amount. In most cases, the deposit is ten percent of the full bond. The court holds this money until the case is finished. After the case ends, part of the deposit may be kept for fees. The remainder is usually returned to the person who paid it. This system removes private bail companies from the process completely.
How These States Handle Release
Each state uses its own form of supervised release. Judges can order release on recognizance, set conditions, or require a financial deposit. The court may also require check ins, drug testing, or travel limits. These states believe the government should oversee all release decisions. This is different from states like Kansas, where private bondsmen help families handle the financial side of bail.
Why This Matters for Defendants
People arrested in one of these states must follow that state’s process. Families cannot call a bondsman for help. They must pay the court directly or wait for release conditions. This can feel confusing for people used to the Kansas system. Knowing the difference can prevent delays and stress if an arrest happens outside Kansas.