,i #aagth ,,congress #ast ,session ,h4 ,r4 #baeb ,,in ,,the ,,house ,,of ,,representatives ,march #bc1 #bjba ,mr4 ,lieu 7for himself and ,mr4 ,nadler7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide grants to ,states1 localities1 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 #bjba4 #b4 ,purpose and findings 7a7 ,purpose ,the purpose of this ,act is to provide grants to ,states1 units of local government1 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 justice system of the ,united ,states1 a cornerstone of our free society1 is built on the ideals that all accused people are presumed innocent unless and until proven guilty1 that all accused people have the right to assert their innocence in a trial1 that liberty should not be denied absent due process of law1 that rich and poor people should be treated equally1 and that people should be judged by their own individual actions1 and not prejudged based on the actions of others4 7#b7 ,pretrial detention and the money bail systems prevalent in most ,states undermine these ideals by jailing people unnecessarily before a finding of guilt and with minimal due process1 and by establishing a system that allows wealthy people to pay for their liberty1 while poor people remain in jail4 7#c7 ,the inability to post money bail may result in innocent people pleading guilty to low-level crimes they did not commit so they can be released4 7#d7 ,money bail systems have resulted in disparate harms to poor people and communities of color4 ,compared to white men charged with the same crime and with the same criminal histories1 ,african-,american men receive bail amounts that are #ce percent higher1 and for ,latino men1 bail is set #ai percent higher than for white men4 7#e7 ,african ,americans are #bd percent more likely to be denied bail and #ba percent less likely to be granted non-financial release than whites with similar legal characteristics4 ,latinos are #be percent less likely to be granted nonfinancial conditions of release4 7#f7 ,although most women in jail are charged with nonviolent crimes1 women are less likely to be able to afford money bail1 and women in jail before trial earn scarcely more per year than the average bail amount of #aj1jjj4 7#g7 ,detaining people who would otherwise be highly likely to succeed in pretrial compliance1 even just for a few days1 is strongly correlated with higher rates of new criminal activity both during the pretrial period and years after case disposition4 7#h7 ,when held for #b to #c days1 people who would have been highly likely to succeed in their communities are almost #dj percent more likely to be arrested for new crimes before trial than similarly situated defendants held no more than #bd hours4 7#i7 ,court reminder programs are a low-cost1 highly effective way of improving court appearance rates4 ,one review of different forms of court reminders found failure-to-appear rates were reduced by #bc to #dc percent with the use of reminders4 7#aj7 ,pretrial supervision is most effective for people with a decreased probability of appearing in court1 reducing failures to appear by #cc to #ch percent4 7#aa7 ,jailing 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 #c4 ,pretrial integrity and safety ,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 ,,oo ,,pretrial ,,integrity ,,and ,,safety #cjea4 ,grants and conditions 7a7 ,grants authorized 7#a7 ,replacement of money bail ,the ,assistant ,attorney ,general may make grants to 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 ,states1 units of local government1 and ,indian ,tribes4 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 7i7 ,maximum numbers ,during each fiscal year for which amounts are made available to carry out subsection 7a77#a71 the ,assistant ,attorney ,general may award not more than #f grants under such subsection to eligible entities for the #c-year grant period beginning in such fiscal year4 7ii7 ,maximum amounts ,in making grants under subsection 7a77#a7 for a #c-year grant period beginning in a fiscal year1 the ,assistant ,attorney ,general shall ensure that the total amount awarded under all grants for the duration of such period does not exceed #aj1jjj1jjj1 of which-- 7,i7 not more than #f1ejj1jjj shall be grants to ,state1 local1 or ,tribal court systems2 and 7,,ii7 not more than #c1ejj1jjj shall be grants to eligible entities that are not a ,state1 local1 or ,tribal court system 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 for any #c-year period4 7c7 ,use of funds for replacement of money bail grants 7#a7 ,activities ,amounts received under a grant under subsection 7a77#a7-- 7,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 reprogramming2 and 7,b7 in carrying out pretrial practices1 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 expanding the use of citations instead of custodial arrest2 7,b7 replacing the use of payment of money as a condition of pretrial release2 7,c7 requiring representation by counsel with adequate training in representing defendants at pretrial detention hearing for all defendants as soon as feasible after custodial restraint1 but not later than the first hearing at which a defendant's liberty is subject to restriction2 7,d7 providing for-- 7i7 a presumption of release in all cases2 and 7ii7 limiting the authority to request pretrial detention to those defendants who have been charged with-- 7,i7 felony offenses involving actual violence against another person or punishable by a maximum term of life imprisonment2 7,,ii7 misdemeanor crimes of domestic violence2 7,,iii7 misdemeanor crimes of stalking2 or 7,,iv7 misdemeanor hate crimes2 7,e7 ensuring that before detention or any condition of pretrial release more restrictive than release on recognizance is imposed1 there is a pretrial release hearing that-- 7i7 provides for the right to present evidence1 the right to cross-examine adverse witnesses1 and the right to testify or remain silent2 7ii7 results in a written record explaining the clear and convincing evidence relied on by the judicial officer to justify a detention order or additional condition of release2 and 7iii7 occurs as soon as feasible after custodial restraint1 but not later than #bd hours after custodial restraint if the individual is being detained1 unless the defendant requests a continuance2 7,f7 ensuring that before pretrial detention is imposed-- 7i7 a judicial officer determines by clear and convincing evidence that the individual poses a high risk of intentional avoidance of prosecution or of seriously physically harming another reasonably identifiable person during the adjudication period2 7ii7 a judicial officer determines by clear and convincing evidence that no condition1 or combination of conditions1 can sufficiently mitigate a high risk of intentional avoidance of prosecution or of seriously physically harming another reasonably identifiable person during the adjudication period2 and 7iii7 no less restrictive condition is adequate to address the specific risk or risks identified2 7,g7 ensuring that before any condition of pretrial release more restrictive than release on recognizance is imposed-- 7i7 a judicial officer determines by clear and convincing evidence that the individual poses a high risk of intentional avoidance of prosecution or of seriously physically harming another reasonably identifiable person during the adjudication period2 and 7ii7 a judicial officer determines by clear and convincing evidence that no less restrictive conditions or pretrial supports can sufficiently mitigate a high risk of intentional avoidance of prosecution or of seriously physically harming another reasonably identifiable person during the adjudication period2 7,h7 if pretrial release requires imposing additional conditions beyond release on recognizance1 ensuring that these conditions-- 7i7 are nonfinancial1 pose no cost to the defendant1 and are relevant only to the charge2 7ii7 are the least restrictive conditions that would reasonably ensure the appearance of the defendant in court or that would reasonably ensure that the defendant does not present an imminent threat of serious physical harm to a reasonably identifiable person2 and 7iii7 were set without consideration of or with decreased weight given to criminal convictions older than #b years2 7,i7 ensuring supervision of the conditions of pretrial release is based on proven data outcomes2 7,j7 improvements made to the applicable pretrial services agency that1 among other functions-- 7i7 provides support to defendants awaiting trial to effectively meet the conditions of release placed on them by the judicial officer2 7ii7 provides outreach to and partnership with community-based support structures to connect defendants with supportive services2 and 7iii7 provides data collection1 analysis1 and research capabilities to assist the jurisdiction in achieving the benchmarks listed in paragraph 7#c72 7,k7 ensuring an officer of the ,state1 unit of local government1 or ,indian ,tribe that brought the charges against the defendant appears before a committing magistrate1 judge1 or other judicial officer at all hearings2 7,l7 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 denied1 and ensuring that under no circumstances a person is detained longer than the maximum sentence allowable if convicted of the charges2 7,m7 ensuring that the defendant and the ,state1 unit of local government1 or ,indian ,tribe that brought the charges against the defendant is entitled to an immediate1 expedited appeal of a pretrial detention decision2 and 7,n7 instituting a system of data collection and reporting to determine the effectiveness of the process replacing the money bail system4 7#c7 ,benchmarks ,a ,state1 local1 or ,tribal court system 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 #ie 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 #ajj percent of defendants preventively detained were detained after a pretrial release hearing that occurred not later than #bd hours after custodial restraint1 unless the defendant requested a continuance4 7,f7 ,to the extent feasible1 charging decisions are made not later than #ad days after the date of the issuance of a citation or custodial arrest4 7,g7 ,to the extent feasible1 the trial of the defendant begins not later than #cj days after the date of the issuance of a citation or custodial arrest4 7,h7 ,no defendants were detained during any portion of time from arrest through adjudication simply due to an inability to satisfy a legal financial obligation set by the court4 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 ,state1 local1 or ,tribal court system2 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 charges filed2 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 charges filed1 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 charges filed1 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 charges filed1 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 charges filed1 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 charges filed1 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 charges filed1 and release condition2 7,h7 provide data on the access of defendants to counsel1 including the number of counsel appointments and the outcomes of pretrial release decisions in all cases where counsel was provided2 and 7,i7 provide data on the most serious offense with which defendants were charged and the classification of the offense4 7e7 ,allocation of funds 7#a7 ,in general ,for fiscal year #bjba1 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 until all funds made available are expended1 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 7g7 ,ability to pay determination 7#a7 ,in general ,a recipient of a grant under subsection 7a7 may only impose a fee or fine in a criminal proceeding if a court makes a written determination that the defendant has sufficient resources or income to pay all or part of the fee1 fine and costs4 ,in making that determination1 the court shall consider whether the defendant qualifies for a public defender or appointed counsel4 7#b7 ,definitions ,in this subsection3 7,a7 ,the term fees-- 7i7 means monetary fees that are imposed for the costs of fine surcharges or court administrative fees2 and 7ii7 includes additional late fees1 payment-plan fees1 interest added if an individual is unable to pay a fine in its entirety1 collection fees1 and any additional amounts that do not include the fine4 7,b7 ,the term fines means monetary fines imposed as punishment4 #cjeb4 ,definitions ,in this part-- 7#a7 the term domestic violence means a pattern of behavior involving the use or attempted use of physical1 sexual1 verbal1 emotional1 economic1 or technological abuse or any other coercive behavior committed1 enabled1 or solicited to gain or maintain power and control over a victim1 by a person who-- 7,a7 is a current or former spouse or dating partner of the victim1 or other person similarly situated to a spouse of the victim under the family or domestic violence laws of the jurisdiction2 7,b7 is cohabitating with or has cohabitated with the victim as a spouse or dating partner1 or other person similarly situated to a spouse of the victim under the family or domestic violence laws of the jurisdiction2 7,c7 shares a child in common with the victim2 7,d7 is an adult family member of1 or paid or nonpaid caregiver for1 a victim aged #ej or older or an adult victim with disabilities2 or 7,e7 commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction4 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 proven data outcomes1 with respect to supervision of the conditions of pretrial release1 means intervention programs and supervision policies1 procedures1 programs1 and practices that use data to identify the least restrictive conditions necessary to provide reasonable assurance that the individual does not pose a high risk of intentional avoidance of prosecution or of seriously physically harming another reasonably identifiable person during the adjudication period2 7#d7 the term least restrictive conditions-- 7,a7 includes court date notifications by phone call1 letter1 postcard1 text message1 or in-person reminder or another nonrestrictive 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 misdemeanor crime of stalking means an offense that-- 7,a7 is a misdemeanor crime of stalking under ,federal1 ,state1 ,tribal1 or municipal law2 and 7,b7 is a course of harassment1 intimidation1 or surveillance of another person that-- 7i7 places that person in reasonable fear of material harm to the health or safety of-- 7,i7 that person2 7,,ii7 an immediate family member 7as defined in section #aae of title #ah1 ,united ,states ,code7 of that person2 7,,iii7 a household member of that person2 or 7,,iv7 a spouse or intimate partner of that person2 or 7ii7 causes1 attempts to cause1 or would reasonably be expected to cause emotional distress to a person described in items subclauses 7,i7 through 7,,iv7 of clause 7i72 7#f7 the term misdemeanor hate crime means an offense that-- 7,a7 is a misdemeanor under ,federal1 ,state1 or tribal law2 7,b7 has1 as an element1 that the conduct of the offender was motivated by hate or bias because of the actual or perceived race1 color1 religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability of any person2 and 7,c7 involves the use or attempted use of physical force1 the threatened use of a deadly weapon1 or other credible threat to the physical safety of any person2 7#g7 the term money bail means a secured monetary obligation that is imposed by a court as a condition of the initial release of a defendant or ongoing court conditions of release before the trial or adjudication of the criminal charges pending against the defendant2 7#h7 the term reason for detention means whether a defendant was held without bond1 held on another charge1 or held for another reason2 7#i7 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 7,d7 with a secured financial obligation2 or 7,e7 with a combination of the conditions described in subparagraphs 7,a7 through 7,d72 and 7#aj7 the term ,state1 local1 or ,tribal court system means the court1 court system1 administrative offices of the courts1 or similarly situated agency of a ,state1 unit of local government1 or ,indian ,tribe4 4