,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hfdg ,,in ,,the ,,house ,,of ,,representatives ,october #bj1 #bjbj,mr4 ,trone 7for himself and ,mr4 ,armstrong7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to establish a new ,justice ,department grant program to reduce the number of individuals incarcerated in local jails1 reduce the number of days individuals are incarcerated in local jails1 and support community-led local justice reinvestment4 #a4 ,short title ,this ,act may be cited as the ,community ,first ,pretrial ,reform and ,jail ,decarceration ,act4 #b4 ,grants authorized 7a7 ,grants authorized ,the ,attorney ,general1 acting through the ,bureau of ,justice ,assistance1 shall make grants to eligible partnerships for purposes of reducing the number of individuals in jails operated by units of local government and the number of days such individuals spend in jail as follows3 7#a7 ,grants for analysis and planning1 which shall be used to-- 7,a7 collect and analyze local criminal justice and incarceration data1 including data on racial and ethnic disparities2 and 7,b7 develop a strategic1 collaborative plan to decrease local jail incarceration that shall be public facing4 7#b7 ,grants for implementation of the plan described in paragraph 7#a77;,b7 and which may be used for activities to reduce the number of individuals incarcerated in local jails and to reduce the number of days that individuals are so incarcerated including-- 7,a7 eliminating or reducing the use of cash bail2 7,b7 reducing revocations of conditional release2 7,c7 creating or increasing the availability of pretrial services1 including efforts undertaken in collaboration with community-based organizations and nonprofits2 7,d7 investing in case processing and processes to reduce overall time to disposition and time between court events2 7,e7 ensuring early assignment of counsel and presence of counsel at individuals' first court appearance or bail hearing2 7,f7 providing training to various actors within the criminal justice system on indigent defense that is aligned with best practices in the field2 7,g7 creating or expanding diversion programs that do not require an individual to enter into a guilty plea and do not use incarceration as a sanction for noncompliance-- 7i7 at the pre-arrest phase2 7ii7 at the pre-booking phase2 and 7iii7 at the post-booking phase2 or 7,h7 any other emerging1 promising1 or evidence-based practices that an eligible partnership proposes and the ,attorney ,general deems likely to reduce local jail incarceration4 7b7 ,eligible partnership ,an eligible partnership is a partnership between not less than #b of the following3 7#a7 ,a unit of local government4 7#b7 ,a territory4 7#c7 ,an ,indian tribe4 7#d7 ,a nonprofit organization4 7c7 ,application ,an application for a grant shall include the following3 7#a7 ,details of the range of pretrial services available within the jurisdiction where the jail being targeted for incarceration rate reduction under this ,act is located4 7#b7 ,a plan for ongoing process evaluation and outcome evaluation4 7#c7 ,either-- 7,a7 data-- 7i7 disaggregated by race1 ethnicity1 and gender on incarceration for correctional facilities within the local jurisdiction for each of the last five calendar years that includes-- 7,i7 the average daily population2 7,,ii7 the percentage of individuals held pretrial and post-conviction2 and 7,,iii7 the average length of stay for individuals held pretrial and post-conviction2 and 7ii7 disaggregated by race1 ethnicity1 and gender on arrests made by all law enforcement entities operating within the local jurisdiction over each of the last five calendar years2 or 7,b7 in the event that elements of such incarceration or arrest data are not able to be compiled and reported1 a comprehensive plan to obtain as much of the unavailable data as possible within the first year of the award4 #c4 ,requirements 7a7 ,in general ,grantees shall-- 7#a7 consult in all phases of planning1 implementation1 and evaluation with municipal1 county1 and state law enforcement agencies1 courts in the local jurisdiction1 public defense organizations and criminal defense practitioners in the local jurisdiction1 local substance use and mental health authorities1 local community members1 local community members who have been justice-involved1 and community-based organizations and service providers2 7#b7 analyze local jail incarceration and arrest data to identify the drivers of jail incarceration and racial and ethnic disparities and ground jail population reduction strategies in that data2 7#c7 reduce incarceration rates by no less than #e percent the first year of an implementation grant1 #aj percent in each subsequent year1 and #ej percent by the end of the grant period2 7#d7 in consultation with the ,bureau of ,justice ,assistance-- 7,a7 adopt and implement a methodology for measuring racial and ethnic disparities in jail incarceration2 7,b7 set goals for the reduction of racial and ethnic jail incarceration disparities2 and 7,c7 decrease levels of incarceration across all races and ethnicities2 7#e7 engage an external evaluator to coordinate data collection and reporting in an ongoing fashion and perform both a process and outcome evaluation1 with support from the ,bureau of ,justice ,assistance2 and 7#f7 use financial savings created through decreased incarceration to sustain programmatic and community-based efforts to reduce jail incarceration4 7b7 ,grant oversight requirement 7#a7 ,in general ,if a grantee fails to meet the incarceration rate and racial and ethnic disparities reduction requirements under subsection 7a77#c7 in any year of the award1 the ,bureau of ,justice ,assistance shall perform an audit of the use of their award and the grantee shall implement new strategies based on that audit4 ,if a grantee fails to meet the incarceration rate and racial and ethnic disparities reduction requirements under subsection 7a77#c7 in any two consecutive years of the award1 the ,attorney ,general shall terminate the award4 7#b7 ,modification authority ,the ,bureau of ,justice ,assistance may grant a modification to the incarceration rate reduction requirement under subsection 7a77#c7 if the ,bureau determines after an audit that the failure to meet the incarceration rate reduction requirement was caused by an increase in population in the covered jurisdiction4 ,if a grantee fails to meet the modified reduction requirements in any two subsequent years of the award1 the ,attorney ,general shall terminate the award4 #d4 ,grant amounts 7a7 ,planning grants ,a grant under section #b7;a77#a7 may be for not more than #ajj1jjj for a single grantee1 and shall be for a term of #a year4 7b7 ,implementation grants ,a grant under section #b7;a77#b7 shall be for a term of #f years1 and shall be structured as follows3 7#a7 ,for the first year of the grant term1 an amount shall be disbursed that is to be not less than #ejj1jjj and not more than #c1jjj1jjj1 contingent upon acceptance of a grantee's proposed budget for activities under the grant1 which may be subject to revision during the award process4 7#b7 ,award amounts shall decrease annually by-- 7,a7 #aj percent in the second year2 7,b7 #ae percent in the third year2 7,c7 #bj percent in the fourth year2 and 7,d7 #be percent in the fifth year4 7#c7 ,award amounts during the sixth year of the award may not be used for programmatic activities and shall support only program evaluation and the drafting of a final report1 and such funds shall be available to the grantees until expended4 #e4 ,selection priority ,in selecting grantees1 the ,attorney ,general shall-- 7#a7 give priority to applicants from jurisdictions with the highest incarceration rates that are not already in decline and whose applications contain the most ambitious and attainable plans for reducing that rate2 7#b7 give additional priority to applicants from jurisdictions seeking to use funds under this ,act to prevent the local government from expanding the number of beds in local correctional facilities2 7#c7 for any year in which there will only be one new or ongoing award1 ensure that a small metropolitan1 micropolitan1 or noncore area is the recipient of the award2 7#d7 for any year in which there will be more than one new or ongoing award1 ensure that small metropolitan1 micropolitan1 or noncore areas are the recipients of at least two awards2 and 7#e7 for any year in which there will be three or more new or ongoing awards1 ensure that no more than one large central metropolitan area is a recipient of an award4 #f4 ,definitions ,in this ,act3 7#a7 ,the term conditional release means probation1 parole1 supervised release1 home confinement1 community supervision1 and other practices under which an individual is supervised in the community by the criminal justice system and may be incarcerated if found in violation of the conditions of their release4 7#b7 ,the term diversion means a program or practice that-- 7,a7 places individuals who come into contact with the criminal justice system into alternative processes outside the standard scope of criminal justice processing2 and 7,b7 reduces an individual's involvement in the criminal justice system in both the short and long term4 7#c7 ,the term emerging practice means a program or practice-- 7,a7 with initial implementation resulting in decreased local jail incarceration in one or more communities2 and 7,b7 that will be evaluated through a well-designed and rigorous study4 7#d7 ,the term evidence-based practice means a program or practice that-- 7,a7 is demonstrated to be effective when implemented with fidelity2 7,b7 is based on a clearly articulated and empirically supported theory2 7,c7 has measurable outcomes relevant to reducing jail incarceration1 including a detailed description of the outcomes produced in a particular population1 whether urban or rural2 and 7,d7 has been scientifically tested and proven effective through randomized control studies or comparison group studies and with the ability to replicate and scale4 7#e7 ,the term micropolitan area has the meaning established under the ,centers for ,disease ,control and ,prevention's 7hereinafter in this ,act referred to as the ,,cdc7 ,national ,center for ,health ,statistics ,urban-,rural ,classification ,scheme for ,counties4 7#f7 ,the term small metropolitan area has the meaning established under the ,,cdc's ,national ,center for ,health ,statistics ,urban-,rural ,classification ,scheme for ,counties4 7#g7 ,the term noncore areas has the meaning established under the ,,cdc's ,national ,center for ,health ,statistics ,urban-,rural ,classification ,scheme for ,counties4 7#h7 ,the term post-booking diversion means a program or practice that diverts individuals from formal criminal justice system processing after formal intake processing into jail4 7#i7 ,the term pre-booking diversion means a program or practice that diverts individuals from formal criminal justice system processing prior to arrest or prior to formal intake processing into jail4 7#aj7 ,the term promising practice means a program or practice that-- 7,a7 is demonstrated to be effective based on positive outcomes relevant to reducing jail incarceration from one or more objective1 independent1 and scientifically valid evaluations1 as documented in writing to the ,attorney ,general2 and 7,b7 will be evaluated through a well-designed and rigorous study4 #g4 ,authorization of appropriations ,there are authorized to be appropriated-- 7#a7 #bj1jjj1jjj for each of fiscal years #bjba through #bjbe for planning grants2 and 7#b7 #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe for implementation grants1 of which #aj percent of any appropriated amount is reserved specifically for evaluation activities4