,,ii #aaeth ,,congress #b;d ,session ,s4 #cbga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #be1 #bjah ,mr4 ,sanders introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to prohibit the use of payment of money as a condition of pretrial release in ,federal criminal cases1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,no ,money ,bail ,act4 #b4 ,prohibition of money bail in ,federal criminal cases ,notwithstanding any provision of ,federal law1 no justice1 judge1 or other judicial official in any court created by or under article ,,iii of the ,constitution of the ,united ,states may use payment of money as a condition of pretrial release in any criminal case4 #c4 ,alternative bail systems ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by adding at the end the following3 ,,nn ,alternative ,pretrial ,protocol #cjda4 ,grants 7a7 ,grants authorized 7#a7 ,alternatives to money bail ,the ,assistant ,attorney ,general may make grants to ,state and tribal court systems and eligible entities for developing alternatives to 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 ,use of funds for alternatives to money bail grants 7#a7 ,in general ,amounts received under a grant under subsection 7a77#a7 shall be used for developing expanded alternatives to preventive detention programs that perform more effective evidence-based pretrial practices and result in annual statistically significant decreases in the pretrial detention populations of ,states and units of local government4 7#b7 ,right to counsel ,an eligible entity receiving a grant under subsection 7a77#a7 shall provide a defendant with counsel at the earlier of-- 7,a7 as soon as is feasible after custodial restraint2 or 7,b7 the first appearance before a committing magistrate1 judge1 or other judicial officer4 7#c7 ,limit on detention ,an eligible entity receiving a grant under subsection 7a77#a71 with respect to a defendant-- 7,a7 may not use preventive detention if an alternative measure is sufficient to ensure a court appearance and public safety2 7,b7 may not use an alternative measure to preventive detention developed under paragraph 7#a7 if release of the defendant on unsecured bond or recognizance is sufficient to ensure a court appearance and public safety2 and 7,c7 may use preventive detention only if a judicial officer determines1 by clear and convincing evidence1 that detention is necessary4 7#d7 ,preventive detention protocol ,an eligible entity receiving a grant under subsection 7a77#a7 shall-- 7,a7 grant a defendant the right to appeal a preventive detention order within #dh hours of the order2 and 7,b7 review the preventive detention order on a monthly basis4 7c7 ,data report ,each entity receiving a grant under subsection 7a77#a7 shall submit to the ,assistant ,attorney ,general1 for each fiscal year during which the entity expends amounts received under the grant1 a data report on the money bail program of the ,state or ,indian tribe1 at such time and in such manner as the ,assistant ,attorney ,general may reasonably require1 which shall-- 7#a7 be broken down by the demographic variables of age group1 sex1 race and ethnicity1 disability1 and income 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 income1 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 income1 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 income1 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 income1 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 income1 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 income1 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 7#i7 provide data on the case outcomes of defendants who were released on recognizance1 placed in an alternative to detention program developed under subsection 7b77#a71 or placed in preventive detention2 and 7#aj7 provide data on the cost per defendant of preventive detention and each form of alternative to detention developed under subsection 7b77#a74 7d7 ,allocation of funds 7#a7 ,in general ,for fiscal year #bjah1 of the amounts appropriated to the ,office1 the ,assistant ,attorney ,general shall use such sums as are necessary to carry out this part4 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 7e7 ,contract ,authority ,each entity receiving a grant under subsection 7a7-- 7#a7 may contract with nongovernmental community-based organizations to-- 7,a7 operate community-based supervision programs2 and 7,b7 develop evaluation metrics for carrying out effective pretrial practices2 and 7#b7 may not use funds to contract with an entity offering for-profit pretrial services4 4 #d4 ,ineligibility for certain funds ,section #eje of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaef7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking in paragraph 7#b7 and inserting in paragraphs 7#b7 and 7#c72 and 7,b7 by adding at the end the following3 7#c7 ,eligibility ,beginning with the third fiscal year beginning after the date of enactment of the ,no ,money ,bail ,act1 the ,attorney ,general may not allocate any amounts appropriated to carry out this subpart to any ,state that uses payment as a condition of pretrial release with respect to a criminal case4 2 and 7#b7 in subsection 7f7-- 7,a7 by striking ,if the ,attorney ,general and inserting3 7#a7 ,in general ,if the ,attorney ,general 2 and 7,b7 by adding at the end the following3 7#b7 ,state ineligible due to system of bail ,notwithstanding paragraph 7#a71 if the ,attorney ,general determines1 with respect to any grant period1 that a ,state is ineligible under subsection 7a77#c71 the ,attorney ,general shall reallocate any amounts allocated to the ,state or that would have been allocated to the ,state for such period-- 7,a7 among the other eligible ,states2 and 7,b7 in proportion to allocations among eligible ,states under subsection 7a74 4 #e4 ,,gao ,assessment ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct an assessment of pretrial systems used by ,states in place of the use of payment of money bail as a condition of pretrial release with respect to criminal cases1 which shall include an-- 7#a7 an assessment of the effectiveness of the pretrial systems2 7#b7 a measurement of any disparities on the basis of any classification protected under ,federal nondiscrimination laws or the nondiscrimination laws of the applicable ,state in the use of the pretrial systems2 and 7#c7 a measurement of any disparities on the basis of socioeconomic status4