,i #aadth ,,congress #b;d ,session ,h4 ,r4 #fjig ,,in ,,the ,,house ,,of ,,representatives ,september #ba1 #bjaf,mr4 ,serrano 7for himself1 ,mr4 ,gutirrez1 ,ms4 ,velzquez1 ,ms4 ,lofgren1 ,mr4 ,conyers1 ,mr4 ,gallego1 ,mr4 ,ted ,lieu of ,california1 ,mrs4 ,lawrence1 ,ms4 ,norton1 ,mr4 ,mc,govern1 ,mr4 ,o',rourke1 ,mr4 ,smith of ,washington1 ,mr4 ,vargas1 ,mr4 ,grijalva1 ,ms4 ,clarke of ,new ,york1 ,ms4 ,roybal-,allard1 ,ms4 ,jackson ,lee1 ,mrs4 ,torres1 ,mr4 ,pierluisi1 ,mr4 ,honda1 ,mr4 ,ellison1 ,mr4 ,mc,nerney1 ,mr4 ,hastings1 ,mrs4 ,napolitano1 ,ms4 ,michelle ,lujan ,grisham of ,new ,mexico1 ,mr4 ,carson of ,indiana1 ,mr4 ,crowley1 ,ms4 ,lee1 ,mr4 ,rangel1 ,ms4 ,edwards1 and ,mr4 ,kennedy7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend section #bcf of the ,immigration and ,nationality ,act to modify the conditions on the detention of aliens1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,immigration ,courts ,bail ,reform ,act4 #b4 ,conditions on detention of aliens ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended-- 7#a7 in subsection 7a77#b71 by amending subparagraph 7,a7 to read as follows3 7,a7 bond containing conditions prescribed by the ,secretary of ,homeland ,security2 or 2 7#b7 in subsection 7c71 by adding at the end the following3 7#c7 ,review of initial custody determination ,an immigration judge may review the initial custody determination under this subsection to the extent permitted under subsection 7f74 2 and 7#c7 by adding at the end the following3 7f7 ,procedures for custody hearings ,for any alien taken into custody under any provision of this ,act1 with the exception of children being transferred to1 or in1 the custody of the ,office of ,refugee ,resettlement of the ,department of ,health and ,human ,services1 the following rules shall apply3 7#a7 ,the ,secretary of ,homeland ,security shall1 without unnecessary delay and not later than #gb hours after the alien is taken into custody1 file the ,notice to ,appear or other relevant charging document with the immigration court having jurisdiction over the location where the alien was apprehended1 and serve such notice on the alien4 7#b7 ,the ,secretary shall immediately determine whether the alien shall remain in custody or be released and1 without unnecessary delay and not later than #gb hours after the alien was taken into custody1 serve upon the alien the custody decision specifying the reasons for continued custody and the amount of bond1 if any4 ,except for aliens who the ,secretary has determined are subject to subsection 7c7 or certified under section #bcf;,a1 the ,secretary may continue to detain the alien only if the ,secretary determines by clear and convincing evidence that no conditions reasonably will assure the appearance of the alien as required and the safety of any other person and the community4 7#c7 ,the ,attorney ,general shall ensure the alien has the opportunity to appear before an immigration judge for a custody redetermination hearing promptly after personal service of the ,secretary's custody decision4 ,the immigration judge may1 on the ,secretary's motion and upon a showing of good cause1 postpone a custody redetermination hearing for not more than #gb hours after personal service of the custody decision1 except that in no case shall the hearing occur more than #f days 7including weekends and holidays7 after the alien was taken into custody4 7#d7 ,the immigration judge shall advise the alien of the right to postpone the custody redetermination hearing and shall1 on the oral or written request of the individual1 postpone the custody determination hearing for a period of not more than #ad days4 7#e7 ,except for aliens who the immigration judge has determined are subject to subsection 7c7 or certified under section #bcf;,a1 the immigration judge shall review the custody determination de novo and may continue to detain the alien only if the ,secretary demonstrates by clear and convincing evidence that no conditions reasonably will assure the appearance of the alien as required and the safety of any other person and the community4 7#f7 7,a7 ,in making a custody determination1 both the ,secretary and the immigration judge shall order the release of the alien on personal recognizance1 or upon execution of an unsecured appearance bond in an amount specified by the court1 unless the ,secretary or the immigration judge determines that such release will not reasonably assure the appearance of the alien as required or will endanger the safety of any other person or the community4 7,b7 ,if the ,secretary or immigration judge determines that release under subparagraph 7,a7 will not reasonably assure the appearance of the alien as required or will endanger the safety of any other person or the community1 the ,secretary or the immigration judge shall order the release of the alien subject to the least restrictive further condition1 or combination of conditions1 that the ,secretary or immigration judge determines will reasonably assure the appearance of the alien as required and the safety of any other person and the community4 ,such conditions may include those specified under section #cadb7;c77#a77;,b7 of title #ah1 ,united ,states ,code4 7,c7 ,in determining whether to impose a bond as a condition of release1 the ,secretary or immigration judge shall consider the alien's financial ability to pay a bond and whether alternative conditions of supervision1 alone or in combination with a lower bond amount1 deposit bond1 or property bond1 will reasonably assure the appearance of the alien as required and the safety of any other person and the community4 ,the ,secretary or immigration judge may not impose a financial condition that results in the detention of the alien4 7,d7 ,for aliens who the immigration judge has determined are subject to subsection 7c71 the immigration judge may review the custody determination1 and consider alternatives to detention which maintain custody over the alien1 if the immigration judge agrees the alien is not a danger to the community4 7#g7 ,in the case of any alien remaining in custody after a custody determination1 the ,attorney ,general shall provide de novo custody redetermination hearings pursuant to paragraph 7#f7 before an immigration judge every #ij days as long as the alien remains in custody4 ,an alien may also obtain a de novo custody redetermination hearing at any time upon a showing of good cause4 ,good cause includes a showing that the alien has been unable to post the bond amount after having made good faith efforts to do so4 7#h7 ,the ,secretary shall inform the alien of his or her rights under this paragraph at the time the alien is first taken into custody4 4