,i #aacth ,,congress #b;d ,session ,h4 ,r4 #cijg ,,in ,,the ,,house ,,of ,,representatives ,january #af1 #bjad,mr4 ,cohen introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to increase public confidence in the justice system and address any unwarranted racial and ethnic disparities in the criminal process4 #a4 ,short title ,this ,act may be cited as the ,justice ,integrity ,act of #bjad4 #b4 ,findings ,congress finds that-- 7#a7 the pursuit of justice requires the fair application of the law2 7#b7 racial and ethnic disparities in the criminal process have contributed to a growing perception of bias in the criminal justice system2 7#c7 there are a variety of possible causes of disparities in criminal justice statistics among racial and ethnic groups and these causes may differ throughout the ,united ,states1 including crime rates1 racial discrimination1 ethnic and cultural insensitivity1 or unconscious bias1 as well as other factors2 7#d7 the ,nation would benefit from an understanding of all factors causing a disparate impact on the criminal justice system2 and 7#e7 programs that promote fairness will increase public confidence in the criminal justice system1 increase public safety1 and further the pursuit of justice4 #c4 ,pilot program 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,attorney ,general shall establish a pilot program in #aj ,united ,states districts in order to promote fairness1 and the perception of fairness1 in the ,federal criminal justice system1 and to determine whether legislation is required4 7b7 ,program requirements 7#a7 ,u4,s4 ,attorneys ,the ,attorney ,general shall designate1 in accordance with paragraph 7#c71 #aj ,united ,states ,attorneys who shall each implement a plan in accordance with section #d1 beginning not later than #a month after those ,united ,states ,attorneys are designated by the ,attorney ,general4 7#b7 ,purpose ,the purposes of the plans required by this section are-- 7,a7 to gather racial and ethnic data on investigations and prosecutions in the ,united ,states districts and the causes of disparities1 if any2 7,b7 to determine the extent to which the communities' perception of bias has affected confidence in the ,federal criminal justice system2 7,c7 to analyze whether measures may be taken to reduce unwarranted disparities1 if any1 and increase confidence in the criminal justice system2 and 7,d7 to make recommendations1 to the extent possible1 to ensure that law enforcement priorities and initiatives1 charging and plea bargaining decisions1 sentencing recommendations1 and other steps within the criminal process are not influenced by racial and ethnic stereotyping or bias1 and do not produce unwarranted disparities from otherwise neutral laws or policies4 7#c7 ,criteria for selection 7,a7 ,in general ,the #aj pilot districts referred to in subsection 7a7 shall include districts of varying compositions with respect to size1 case load1 geography1 and racial and ethnic composition4 7,b7 ,metropolitan areas ,at least #c of the ,united ,states ,attorneys designated by the ,attorney ,general shall be in ,federal districts encompassing metropolitan areas4 #d4 ,plan and report 7a7 ,in general 7#a7 ,united ,states ,attorney ,each ,united ,states ,attorney shall1 in consultation with an advisory group appointed in accordance with paragraph 7#b71 develop and implement a plan in accordance with subsections 7b7 and 7c74 7#b7 ,advisory group 7,a7 ,appointment ,not later than #ij days after designation by the ,attorney ,general1 the ,united ,states ,attorney in each of the #aj pilot districts selected pursuant to section #c shall appoint an advisory group1 after consultation with the chief judge of the district and criminal justice professionals within the district4 7,b7 ,membership ,the advisory group of a ,united ,states ,attorney shall include-- 7i7 #a or more senior social scientists with expertise in research methods or statistics2 and 7ii7 individuals and entities who play important roles in the criminal justice process and have broad-based community representation such as-- 7,i7 ,federal and ,state prosecutors2 7,,ii7 ,federal and ,state defenders1 if present in the district1 and private defense counsel2 7,,iii7 ,federal and ,state judges2 7,,iv7 ,federal and ,state law enforcement officials and union representatives2 7,v7 a member of the ,united ,states ,sentencing ,commission or designee2 7,,vi7 parole and probation officers2 7,,vii7 correctional officers2 7,,viii7 victim's rights representatives2 7,,ix7 civil rights organizations2 7,x7 business and professional representatives2 and 7,,xi7 faith-based organizations that provide services to people involved in the criminal justice system4 7,c7 ,term limit ,subject to subparagraph 7,d71 a member of the advisory group shall not serve longer than #e years4 7,d7 ,permanent members ,notwithstanding subparagraph 7,c71 the following shall be permanent members of the advisory group for that district3 7i7 ,the chief judge for the judicial district4 7ii7 ,the ,federal defender for the judicial district4 7iii7 ,the ,united ,states ,attorney for the judicial district4 7,e7 ,reporter ,the ,united ,states ,attorney may designate a reporter for each advisory group1 who may be compensated in accordance with guidelines established by the ,executive ,office of the ,united ,states ,attorneys4 7,f7 ,independent contractors ,the members of an advisory group of a ,united ,states ,attorney and any person designated as a reporter for such group-- 7i7 shall be considered independent contractors of the ,united ,states ,attorney's ,office when in the performance of official duties of the advisory group2 and 7ii7 may not1 solely by reason of service on or for the advisory group1 be prohibited from practicing law before any court4 7b7 ,development and implementation of a plan and report 7#a7 ,advisory group report ,the advisory group appointed under subsection 7a77#b7 shall-- 7,a7 7i7 systematically collect and analyze quantitative data on the race and ethnicity of the defendant and victim at each stage of prosecution1 including case intake1 bail requests1 declinations1 selection of charges1 diversion from prosecution or incarceration1 plea offers1 sentencing recommendations1 fast-track sentencing1 and use of alternative sanctions2 and 7ii7 at a minimum1 collect aggregate data capable of individualization and tracking through the system so that any cumulative racial or ethnic disadvantage can be analyzed2 7,b7 seek to determine the causes of racial and ethnic disparities in a district1 and whether these disparities are substantially explained by sound law enforcement policies or if they are at least partially attributable to discrimination1 insensitivity1 or unconscious bias2 7,c7 examine the extent to which racial and ethnic disparities are attributable to-- 7i7 law enforcement priorities1 prosecutorial priorities1 the substantive provisions of legislation enacted by ,congress2 or 7ii7 the penalty schemes enacted by ,congress or implemented by the ,united ,states ,sentencing ,commission2 7,d7 examine data including-- 7i7 the racial and ethnic demographics of the ,united ,states ,attorney's district2 7ii7 defendants charged in all categories of offense by race and ethnicity1 and1 where applicable1 the race and ethnicity of any identified victim2 7iii7 recommendations for sentencing enhancements and reductions1 including the filing of substantial assistance motions1 whether at sentencing or post-conviction1 by race and ethnicity2 7iv7 charging policies1 including decisions as to who should be charged in ,federal rather than ,state court when either forum is available1 and whether these policies tend to result in racial or ethnic disparities among defendants charged in ,federal court1 including whether relative disparities exist between ,state and ,federal defendants charged with similar offenses2 7v7 the racial and ethnic composition of the ,federal prosecutors in the district2 and 7vi7 the extent to which training in the exercise of discretion1 including cultural competency1 is provided prosecutors2 7,e7 consult with an educational or independent research group1 if necessary1 to conduct work under this subsection2 and 7,f7 submit to the ,united ,states ,attorney by the end of the second year after their initial appointment a report and proposed plan1 which shall be made available to the public and which shall include-- 7i7 factual findings and conclusions on racial and ethnic disparities1 if any1 and the ,state of public confidence in the criminal process2 7ii7 recommended measures1 rules1 and programs for reducing unjustified disparities1 if any1 and increasing public confidence2 and 7iii7 an explanation of the manner in which the recommended plan complies with this paragraph4 7#b7 ,adoption of plan ,not later than #fj days after receiving and considering the advisory group's report and proposed plan under paragraph 7#a71 the ,united ,states ,attorney appointed under section #c shall adopt and implement a plan4 7#c7 ,copy of report ,the ,united ,states ,attorney shall transmit a copy of the plan and report adopted and implemented1 in accordance with this subsection1 together with the report and plan recommended by the advisory group1 to the ,attorney ,general4 ,the ,united ,states ,attorney shall include with the plan an explanation of any recommendation of the advisory group that is not included in the plan4 7#d7 ,congress ,the ,attorney ,general shall transmit to the ,united ,states ,attorneys in every ,federal district and to the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives copies of any plan and accompanying report submitted by a pilot district4 7c7 ,periodic ,united ,states attorney assessment ,after adopting and implementing a plan under subsection 7b71 each ,united ,states ,attorney in a pilot district shall annually evaluate the efficacy of the plan4 ,in performing such assessment1 the ,united ,states ,attorney shall consult with the advisory group appointed in accordance with subsection 7a77#b74 ,each assessment shall be submitted to the ,executive ,office for ,united ,states ,attorneys for review in accordance with subsection 7d74 7d7 ,information on the pilot program 7#a7 ,report and model plan ,not later than #e years after the date of the enactment of this ,act1 the ,attorney ,general shall-- 7,a7 prepare a comprehensive report on all plans received pursuant to this section2 7,b7 based on all the plans received pursuant to this section the ,attorney ,general shall also develop one or more model plans2 and 7,c7 transmit copies of the report and model plan or plans to the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives4 7#b7 ,continued oversight ,the ,attorney ,general shall1 on a continuing basis-- 7,a7 study ways to reduce unwarranted racial and ethnic disparate impact in the ,federal criminal system2 and 7,b7 make recommendations to all ,united ,states ,attorneys on ways to improve the system4 #e4 ,authorization of appropriations ,there are authorized to be appropriated #c1jjj1jjj for use1 at the discretion of the ,attorney ,general1 by the ,united ,states ,attorneys' advisory groups in the development and implementation of plans under this ,act4