,i #aaeth ,,congress #ast ,session ,h4 ,r4 #djai ,,in ,,the ,,house ,,of ,,representatives ,october #aa1 #bjag,mr4 ,ted ,lieu of ,california 7for himself1 ,mr4 ,curbelo of ,florida1 ,mrs4 ,love1 and ,ms4 ,jackson ,lee7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide grants to ,states and ,indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,pretrial ,integrity and ,safety ,act of #bjag4 #b4 ,purpose and findings 7a7 ,purpose ,the purpose of this ,act is to provide grants to ,states and ,indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of money bail as a condition of pretrial release in criminal cases4 7b7 ,findings ,congress finds the following3 7#a7 ,the money bail system has proven to be an ineffective method of protecting public safety4 ,research shows that under money bail systems1 nearly #ej percent of defendants who were determined to be high-risk were allowed to return to the community with little or no effective oversight simply because they could afford to pay the amount set for money bail4 7#b7 ,other studies have shown that for low-risk individuals1 pretrial detention for even short periods makes it more likely the individuals will commit new crimes following release4 ,low-risk defendants held for as little as #c days are #dj percent more likely to commit a crime during the pretrial period compared to comparable defendants released within #bd hours4 7#c7 ,according to the ,arnold ,foundation1 ,compared to individuals released within #bd hours of arrest1 low-risk defendants held #b-c days were #ag percent more likely to commit another crime within two years4 ,detention periods of #d-g days yielded a #ce percent increase in re-offense rates4 ,and defendants held for #h-ad days were #ea percent more likely to recidivate than defendants who were detained less than #bd hours44 7#d7 ,jailing arrested individuals before trial is the greatest expense generated by current pretrial justice practice4 ,unconvicted detainees account for #ie percent of jail population growth1 nationally1 since #bjjj4 ,taxpayers now spend approximately #ch1jjj1jjj per day to jail individuals who are awaiting trial4 ,annually1 this adds up to #ad1jjj1jjj1jjj used to detain individuals4 7#e7 ,unnecessary detention may be counterproductive and undermine an important purpose of money bail--specifically to produce the defendant at trial4 ,studies show that those who are detained pretrial for more than #bd hours and then released are less likely to reappear as required than other similarly situated defendants who are detained for less than #bd hours4 7#f7 ,in ,bearden v4 ,georgia1 #dfa ,u4,s4 #ffj1 #fga 7#aihc71 the ,supreme ,court of the ,united ,states stated that the due process and equal protection principles of the ,fourteenth ,amendment to the ,constitution of the ,united ,states prohibit punishing a person for his poverty4 ,the ,court prohibited the incarceration of indigent probationers for non-willful failure to pay a fine because to do otherwise would deprive the probationer of his conditional freedom simply because1 through no fault of his own1 he cannot pay the fine44 ,state and local justice systems that impose money bail that leads to pretrial defendants being detained because they cannot afford a money bail amount may result in punishing a person for his or her poverty4 7#g7 ,pretrial detention can lead to devastating effects1 including threatening the employment1 housing stability1 child custody1 and access to healthcare of an individual4 ,barker v4 ,wingo1 #djg ,u4,s4 #ead1 #ecb-cc 7#aigb7 7,the time spent in jail awaiting trial has a detrimental impact on the individual4 ,it often means loss of a job2 it disrupts family life2 and it enforces idleness4 ,most jails offer little or no recreational or rehabilitative programs4 ,the time spent in jail is simply dead time4 ,moreover1 if a defendant is locked up1 he is hindered in his ability to gather evidence1 contact witnesses1 or otherwise prepare his defense4 ,imposing those consequences on anyone who has not yet been convicted is serious4 ,it is especially unfortunate to impose them on those persons who are ultimately found to be innocent474 7#h7 ,nationwide1 about #i in #aj detained defendants had a money bail amount set but were unable to meet the financial conditions required to secure release4 7#i7 ,the inability to post money bail may result in innocent individuals pleading guilty to low-level crimes so they can be released4 7#aj7 ,money bail systems have resulted in disparate harms to poor people and communities of color4 ,studies have shown that ,african-,american and ,hispanic defendants are more likely to be detained pretrial than ,white defendants and less likely to be able to post money bail so they can be released4 ,moreover1 race and money bail amounts are significantly correlated4 ,nationally1 ,african-,american men pay #ce percent higher money bail amounts than ,white men1 and ,hispanic men pay #ai percent higher money bail amounts than ,white men4 7#aa7 ,congress should encourage replacement of the practice of money bail systems to provide for a more equal and effective criminal justice system for the people of the ,united ,states4 #c4 ,pretrial integrity and safety ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgaa et seq47 is amended by adding at the end the following3 ,,mm ,pretrial integrity and safety #cjca4 ,definitions ,in this part-- 7#a7 the term charge-risk profile means a composite of the charge 7or charge category7 and risk score 7or risk category of failing to appear in court or being rearrested7 of a defendant2 7#b7 the term eligible entity means a public or private entity1 including-- 7,a7 a nonprofit entity 7including a tribal nonprofit72 7,b7 a faith-based or community organization2 7,c7 a ,state or tribal court system2 7,d7 a unit of local government2 and 7,e7 an ,indian tribe2 7#c7 the term evidence-based practices1 with respect to supervision of the conditions of pretrial release1 means intervention programs and supervision policies1 procedures1 programs1 and practices that scientific research demonstrates are the least restrictive necessary to reduce the instance of a failure by a defendant to appear in court or criminal activity by a defendant during the pretrial period1 when implemented competently2 7#d7 the term least restrictive conditions-- 7,a7 includes court date notifications by phone call1 letter or postcard1 text message1 in-person reminder1 or another noninvasive pretrial supervisory condition2 and 7,b7 does not include a condition that imposes additional financial obligations on the defendant1 including charging the defendant for implementation of the conditions2 7#e7 the term money bail means a secured monetary obligation that is imposed by a court as a condition of the release of a defendant before the trial or adjudication of the criminal charges pending against the defendant2 7#f7 the term reason for detention means whether a defendant was held without bond1 held on another charge1 or held for another reason2 7#g7 the term release condition means whether a defendant was released-- 7,a7 based on nonfinancial1 personal recognizance2 7,b7 with pretrial supervision2 7,c7 with an unsecured financial obligation2 or 7,d7 with a secured financial obligation2 and 7#h7 the term ,state or tribal court system means the court1 court system1 administrative offices of the courts1 or similarly situated agency of a ,state or ,indian tribe4 #cjcb4 ,grants and conditions 7a7 ,grants authorized 7#a7 ,replacement of money bail ,the ,assistant ,attorney ,general may make grants to ,state and tribal court systems and eligible entities for the replacement of the use of payment of money bail as a condition of pretrial release with respect to criminal cases4 7#b7 ,national ,pretrial ,reporting ,program ,the ,assistant ,attorney ,general may make grants to eligible entities to implement a ,national ,pretrial ,reporting ,program to collect data on the processing of defendants by courts of ,states and units of local government4 7b7 ,terms and conditions 7#a7 ,duration of grants ,a grant under subsection 7a7 shall be for a period of #c fiscal years4 7#b7 ,maximums 7,a7 ,replacement of money bail ,under subsection 7a77#a71 the ,assistant ,attorney ,general may make-- 7i7 not more than #f grants to a ,state or tribal court system during each fiscal year2 and 7ii7 not more than #aj1jjj1jjj in grants during each fiscal year1 of which-- 7,i7 not more than #f1ejj1jjj shall be grants to ,state or tribal court systems2 and 7,,ii7 not more than #c1ejj1jjj shall be grants to eligible entities to provide technical assistance1 training1 and performance evaluation4 7,b7 ,national ,pretrial ,reporting ,program ,the ,assistant ,attorney ,general may not make more than #e1jjj1jjj in grants under subsection 7a77#b7 during each fiscal year4 7c7 ,use of funds for replacement of money bail grants 7#a7 ,activities ,amounts received under a grant under subsection 7a77#a7 shall be used for developing the long-term1 sustainable capacity to perform more effective pretrial practices that include system analysis1 training and technical assistance1 meeting facilitation1 research and performance evaluation1 and information technology reprogramming1 and shall seek to incorporate and implement the elements described in paragraph 7#b74 7#b7 ,elements ,the elements described in this paragraph are-- 7,a7 replacing money bail systems with individualized1 pretrial assessments that-- 7i7 measure the risk of flight and risk of anticipated criminal conduct posed by a defendant while on pretrial release2 and 7ii7 shall use risk-based decision making that includes objective1 research-based1 and locally validated assessment tools that do not result in unwarranted disparities on the basis of any classification protected under ,federal non-discrimination laws or the non-discrimination laws of the applicable ,state2 7,b7 providing for-- 7i7 a presumption of release in most cases2 and 7ii7 a preventative detention protocol only for cases in which a judicial officer determines1 by clear and convincing evidence and after a hearing during which the defendant is represented by counsel1 that the appearance of the defendant in court and the safety of the community cannot reasonably be assured through the use of any combination of conditions2 7,c7 if pretrial release requires imposing conditions1 ensuring it is based on the least restrictive conditions that a judicial officer determines would reasonably assure the appearance of the defendant and the safety of others in the community2 7,d7 ensuring supervision of the conditions of pretrial release is based on evidence-based practices2 7,e7 ensuring a defendant is provided with counsel at the earlier of-- 7i7 as soon as is feasible after custodial restraint2 or 7ii7 the first appearance before a committing magistrate1 judge1 or other judicial officer2 7,f7 ensuring an officer of the ,state1 unit of local government1 or ,indian tribe appears before a committing magistrate1 judge1 or other judicial officer at the pretrial hearing2 7,g7 ensuring the constitutional right of a defendant to a speedy trial is effectuated1 including-- 7i7 setting specific limits on the time within which either the defendant shall be brought to trial or the case shall be resolved through a nontrial disposition2 7ii7 providing guidelines for computing the time within which the trial must be commenced or the case otherwise resolved2 and 7iii7 establishing appropriate consequences in the event that the right of the defendant to a speedy trial is denied2 7,h7 ensuring that the defendant1 ,state1 unit of local government1 or ,indian tribe is entitled to an immediate1 expedited appeal of a pretrial detention decision2 and 7,i7 instituting a system of data collection and reporting to determine the effectiveness of the program replacing the money bail system4 7#c7 ,benchmarks ,a ,state or tribal court systems or eligible entity receiving a grant under subsection 7a77#a7 shall seek to achieve the following3 7,a7 ,defendants return to court rates are not less than #ie percent4 7,b7 ,not more than #aj percent of defendants are rearrested pending trial4 7,c7 ,overall release rates of defendants pending trial are not less than #he percent4 7,d7 #ajj percent of defendants have an attorney at the first appearance of the defendant before a magistrate1 judge1 or other judicial officer4 7,e7 ,the majority of defendants preventively detained were detained after a hearing that occurred not later than #c days after the date of the arrest or booking of the defendant1 and #ajj percent of such hearings occurred not later than #g days after the date of the arrest or booking4 7,f7 ,validated pretrial assessments with risk-based decision making that do not lead to disproportionately higher pretrial detention rates for individuals on the basis of race and ethnicity4 7#d7 ,alternative pretrial release mechanisms ,nothing in this part shall be construed to prohibit the consideration of alternative pretrial release mechanisms that replace money bail systems while furthering the principles described in this part4 7d7 ,annual report 7#a7 ,in general ,each entity receiving a grant under this section shall submit to the ,assistant ,attorney ,general1 for each fiscal year during which the entity expends amounts received under the grant1 a report1 at such time and in such manner as the ,assistant ,attorney ,general may reasonably require1 that contains-- 7,a7 a summary of the activities carried out using amounts made available under the grant2 7,b7 an assessment of whether the activities are meeting the need for the program identified in the application for the grant2 7,c7 for a grant under subsection 7a77#a71 data on the money bail program of the ,state or ,indian tribe2 and 7,d7 such other information as the ,assistant ,attorney ,general may require4 7#b7 ,data ,the data provided under paragraph 7#a77;,c7 shall-- 7,a7 be broken down by the demographic variables of age group1 sex1 race and ethnicity1 disability1 and charge-risk profile of the defendant2 7,b7 include the percentage of defendants detained in jail or prison who are released from jail or prison prior to case disposition1 broken down by demographic variables of age group1 sex1 race and ethnicity1 disability1 charge-risk profile1 and release condition2 7,c7 provide the average time to release from jail for defendants who are released pretrial1 broken down by demographic variables of age group1 sex1 race and ethnicity1 disability1 charge-risk profile1 and release condition2 7,d7 provide the percentage of defendants who are detained for the entire duration of the pretrial phase of their case1 broken down by demographic variables of age group1 sex1 race and ethnicity1 disability1 charge-risk profile1 and reason for detention2 7,e7 provide the average duration of the period defendants who are not released are in custody in a prison or jail before the disposition of their case1 broken down by demographic variables of age group1 sex1 race and ethnicity1 disability1 charge-risk profile1 and reason for detention2 7,f7 provide the percentage of defendants released from custody before trial who appeared at all court appearances for which the court expected them to appear during the pretrial phase of their case1 broken down by demographic variables of age group1 sex1 race and ethnicity1 disability1 charge-risk profile1 and release condition2 7,g7 provide the percentage of defendants released from custody before trial who were not arrested for or charged with a new crime during the pretrial phase of their case1 broken down by demographic variables of age group1 sex1 race and ethnicity1 disability1 charge-risk profile1 and release condition2 7,h7 provide data on the access of defendants to counsel1 including the number of counsel appointments for indigent defendants and the outcomes of pretrial release decisions based on whether counsel was provided2 and 7,i7 include a summary of the steps the entity has taken to ensure that any risk assessment tool-- 7i7 is properly and regularly validated based on reliable local data2 7ii7 includes objective1 research-based data2 and 7iii7 does not result in unwarranted disparities on the basis of any classification protected under ,federal non-discrimination laws or the non-discrimination laws of the applicable ,state4 7e7 ,allocation of funds 7#a7 ,in general ,for fiscal year #bjah1 of the amounts appropriated to the ,office1 the ,assistant ,attorney ,general shall use #ae1jjj1jjj to carry out this part4 7#b7 ,limitations2 equitable distribution 7,a7 ,limitations ,of the amount made available to carry out this section in any fiscal year-- 7i7 not more than #b percent may be used by the ,assistant ,attorney ,general for salaries and administrative expenses2 and 7ii7 not more than #be percent may be used for technical assistance1 training1 and evaluation4 7,b7 ,equitable distribution ,the ,assistant ,attorney ,general shall ensure that grants awarded under this section are equitably distributed among the geographical regions and between urban and rural populations1 including ,indian tribes1 consistent with the objective of reducing recidivism among criminal offenders4 7f7 ,reallocation of appropriations ,a recipient of a grant under subsection 7a7 shall return to the ,assistant ,attorney ,general any amounts received under a grant under subsection 7a7 that are not expended for a purpose described in this section4 4