,i #aaith ,,congress #ast ,session ,h4 ,r4 #fbfc ,,in ,,the ,,house ,,of ,,representatives ,november #ba1 #bjbe,mr4 ,harrigan 7for himself and ,mr4 ,nehls7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh and the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg to limit eligibility for certain ,federal law enforcement and public safety grants based on minimum pretrial public safety standards1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,no ,free ,pass for ,felons ,act of #bjbe4 #b4 ,findings ,congress finds the following3 7#a7 ,violent offenders released on unsecured or cashless bail pose a significant risk to public safety4 7#b7 ,federal funds should not subsidize policies that release repeat violent offenders without meaningful judicial review4 7#c7 ,the ,supreme ,court has upheld preventive detention as constitutional 7,united ,states v4 ,salerno1 #dha ,u4,s4 #gci 7#aihg774 7#d7 ,conditioning ,federal grants on minimum public safety standards is a valid exercise of ,congress's spending power4 #c4 ,justice assistance and cops grants 7a7 ,bryne justice assistance grant eligibility ,the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec et seq47 is amended-- 7#a7 in section #ejb7;a71 by adding at the end the following3 7#g7 ,a certification that the applicant has in effect a law or policy that prohibits pretrial release on personal recognizance or upon execution of an unsecured appearance bond of a covered defendant1 unless a court first holds a dangerousness hearing and makes a written finding on the record that conditions of such pretrial release imposed by the court will reasonably assure the appearance of such defendant before the court and the safety of any other person and the community4 7#h7 ,a certification that the applicant has a system to collect and publish1 not less than annually-- 7,a7 data on determinations by judges in that jurisdiction to release defendants charged with covered violent offenses pending trial2 7,b7 data on rearrests for covered violent offenses of such defendants2 and 7,c7 data on the failure of such defendants to appear1 disaggregated by the type of pretrial release on which they were released pending trial4 2 7#b7 in section #ejb1 by adding at the end the following3 7c7 ,definitions ,in this section3 7#a7 ,covered defendant ,the term covered defendant means an individual who is-- 7,a7 charged with a covered violent offense2 7,b7 charged with any offense1 in the case of an individual who has been convicted of a covered violent offense arising out of a separate course of conduct2 or 7,c7 charged with any offense while on probation1 parole1 or supervised release for a covered violent offense4 7#b7 ,covered violent offense ,the term covered violent offense means an offense that has as an element the use1 attempted use1 or threatened use of physical force against the person or property of another4 7#c7 ,dangerousness hearing ,the term dangerousness hearing means a hearing consistent with subsections 7e71 7f71 and 7g7 of section #cadb of title #ah1 ,united ,states ,code4 2 and 7#c7 in section #eje1 by adding at the end the following3 7j7 ,reduction of grant award ,if the ,attorney ,general determines that a ,state or unit of local government has failed to meet the application requirements described in section #ejb7;a77#g7 or 7#h71 the ,attorney ,general shall1 after giving notice and the opportunity to cure1 allocate in an amount that is not more than #he percent of the amount otherwise allocable to such ,state or unit of local government under this section4 4 7b7 ,community oriented policing service grants ,the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajchb et seq47 is amended-- 7#a7 in section #agjb7;c7-- 7,a7 in paragraph 7#aj71 by striking and at the end2 7,b7 in paragraph 7#aa71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#ab7 certify that the applicant's ,state 7or1 in the case of a local government with pretrial release authority1 such local government7 has adopted and is enforcing laws or policies that meet the requirements described in section #ejb7;a77#g7 and 7#h74 2 and 7#b7 in section #agjf1 by adding at the end ,failure to maintain the certification required under section #agjb7;c77#ab7 shall constitute noncompliance for purposes of this section44 7c7 ,transit security grant eligibility ,section #adjf of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#f ,u4,s4,c4 #aace7 is amended-- 7#a7 by redesignating subsections 7c7 through 7n7 as subsections 7d7 through 7o72 7#b7 by adding after subsection 7b71 the following3 7c7 ,pretrial public safety condition 7#a7 ,in general ,to receive a grant under this section1 an eligible public transportation agency shall submit to the ,secretary a certification that the ,state in which the public transportation agency operates-- 7,a7 has in effect a law or policy that prohibits pretrial release on personal recognizance or upon execution of an unsecured appearance bond of a covered defendant1 unless a court first holds a dangerousness hearing and makes a written finding on the record that conditions of such pretrial release imposed by the court will reasonably assure the appearance of such defendant before the court and the safety of any other person and the community2 and 7,b7 has a system to collect and publish1 not less than annually-- 7i7 data on determinations by judges in that jurisdiction to release defendants charged with covered violent offenses pending trial2 7ii7 data on rearrests for covered violent offenses of such defendants2 and 7iii7 data on the failure of such defendants to appear1 disaggregated by the type of pretrial release on which they were released pending trial4 7#b7 ,waiver ,the ,secretary may temporarily waive the requirements described in paragraph 7#a7 upon a determination that a temporary waiver is necessary to address an acute site-specific security threat4 2 and 7#c7 by adding at the end the following3 7p7 ,definitions ,in this section3 7#a7 ,covered defendant ,the term covered defendant means an individual who is-- 7,a7 charged with a covered violent offense2 7,b7 charged with any offense1 in the case of an individual who has been convicted of a covered violent offense arising out of a separate course of conduct2 or 7,c7 charged with any offense while on probation1 parole1 or supervised release for a covered violent offense4 7#b7 ,covered violent offense ,the term covered violent offense means an offense that has as an element the use1 attempted use1 or threatened use of physical force against the person or property of another4 7#c7 ,dangerousness hearing ,the term dangerousness hearing means a hearing consistent with subsection 7e71 7f71 and 7g7 of section #cadb of title #ah1 ,united ,states ,code4 4 7d7 ,general provisions 7#a7 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application thereof1 is held invalid1 the remainder of the ,act or amendment and its application shall not be affected4 7#b7 ,effective date ,the amendments made by this ,act shall apply to applications for grants submitted in the first fiscal year beginning #ah months after the date of enactment of this ,act4 7#c7 ,rules ,not later than #ahj days after the date of enactment of this ,act the ,attorney ,general shall issue such rules as may be necessary to carry out the amendments made by subsection 7a77#a74