I 

117TH CONGRESS 

1ST SESSION H. R. 2152 

To provide grants to States, localities, 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 

cases, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2021 

Mr. LIEU (for himself and Mr. NADLER) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To provide grants to States, localities, 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 cases, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pretrial Integrity and 

5 Safety Act of 2021’’. 


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1 SEC. 2. PURPOSE AND FINDINGS. 

2 (a) PURPOSE.—The purpose of this Act is to provide 

3 grants to States, units of local government, and Indian 

4 Tribes to reform their criminal justice system to encour5 age the replacement of the use of payment of money bail 

6 as a condition of pretrial release in criminal cases. 

7 (b) FINDINGS.—Congress finds the following: 

8 (1) The justice system of the United States, a 

9 cornerstone of our free society, is built on the ideals 

10 that all accused people are presumed innocent unless 

11 and until proven guilty, that all accused people have 

12 the right to assert their innocence in a trial, that lib13 erty should not be denied absent due process of law, 

14 that rich and poor people should be treated equally, 

15 and that people should be judged by their own indi16 vidual actions, and not prejudged based on the ac17 tions of others. 

18 (2) Pretrial detention and the money bail sys19 tems prevalent in most States undermine these 

20 ideals by jailing people unnecessarily before a find21 ing of guilt and with minimal due process, and by 

22 establishing a system that allows wealthy people to 

23 pay for their liberty, while poor people remain in 

24 jail. 


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1 (3) The inability to post money bail may result 

2 in innocent people pleading guilty to low-level crimes 

3 they did not commit so they can be released. 

4 (4) Money bail systems have resulted in dis5 parate harms to poor people and communities of 

6 color. Compared to white men charged with the 

7 same crime and with the same criminal histories, Af8 rican-American men receive bail amounts that are 

9 35 percent higher, and for Latino men, bail is set 

10 19 percent higher than for white men. 

11 (5) African Americans are 24 percent more 

12 likely to be denied bail and 21 percent less likely to 

13 be granted non-financial release than whites with 

14 similar legal characteristics. Latinos are 25 percent 

15 less likely to be granted nonfinancial conditions of 

16 release. 

17 (6) Although most women in jail are charged 

18 with nonviolent crimes, women are less likely to be 

19 able to afford money bail, and women in jail before 

20 trial earn scarcely more per year than the average 

21 bail amount of $10,000. 

22 (7) Detaining people who would otherwise be 

23 highly likely to succeed in pretrial compliance, even 

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1 er rates of new criminal activity both during the pre2 trial period and years after case disposition. 

3 (8) When held for 2 to 3 days, people who 

4 would have been highly likely to succeed in their 

5 communities are almost 40 percent more likely to be 

6 arrested for new crimes before trial than similarly 

7 situated defendants held no more than 24 hours. 

8 (9) Court reminder programs are a low-cost, 

9 highly effective way of improving court appearance 

10 rates. One review of different forms of court remind11 ers found failure-to-appear rates were reduced by 23 

12 to 43 percent with the use of reminders. 

13 (10) Pretrial supervision is most effective for 

14 people with a decreased probability of appearing in 

15 court, reducing failures to appear by 33 to 38 per16 cent. 

17 (11) Jailing individuals before trial is the great18 est expense generated by current pretrial justice 

19 practice. Unconvicted detainees account for 95 per20 cent of jail population growth, nationally, since 

21 2000. Taxpayers now spend approximately 

22 $38,000,000 per day to jail individuals who are 

23 awaiting trial. Annually, this adds up to 

24 $14,000,000,000 used to detain individuals. 


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1 SEC. 3. PRETRIAL INTEGRITY AND SAFETY. 

2 Title I of the Omnibus Crime Control and Safe 

3 Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended 

4 by adding at the end the following: 

5 ‘‘PART OO—PRETRIAL INTEGRITY AND SAFETY 

6 ‘‘SEC. 3051. GRANTS AND CONDITIONS. 

7 ‘‘(a) GRANTS AUTHORIZED.— 

8 ‘‘(1) REPLACEMENT OF MONEY BAIL.—The As9 sistant Attorney General may make grants to eligible 

10 entities for the replacement of the use of payment 

11 of money bail as a condition of pretrial release with 

12 respect to criminal cases. 

13 ‘‘(2) NATIONAL PRETRIAL REPORTING PRO14 GRAM.—The Assistant Attorney General may make 

15 grants to eligible entities to implement a National 

16 Pretrial Reporting Program to collect data on the 

17 processing of defendants by courts of States, units 

18 of local government, and Indian Tribes. 

19 ‘‘(b) TERMS AND CONDITIONS.— 

20 ‘‘(1) DURATION OF GRANTS.—A grant under 

21 subsection (a) shall be for a period of 3 fiscal years. 

22 ‘‘(2) MAXIMUMS.— 

23 ‘‘(A) REPLACEMENT OF MONEY BAIL.— 

24 ‘‘(i) MAXIMUM NUMBERS.—During 

25 each fiscal year for which amounts are 

26 made available to carry out subsection 


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1 (a)(1), the Assistant Attorney General may 

2 award not more than 6 grants under such 

3 subsection to eligible entities for the 3-year 

4 grant period beginning in such fiscal year. 

5 ‘‘(ii) MAXIMUM AMOUNTS.—In mak6 ing grants under subsection (a)(1) for a 3- 

7 year grant period beginning in a fiscal 

8 year, the Assistant Attorney General shall 

9 ensure that the total amount awarded 

10 under all grants for the duration of such 

11 period does not exceed $10,000,000, of 

12 which— 

13 ‘‘(I) not more than $6,500,000 

14 shall be grants to State, local, or 

15 Tribal court systems; and 

16 ‘‘(II) not more than $3,500,000 

17 shall be grants to eligible entities that 

18 are not a State, local, or Tribal court 

19 system to provide technical assistance, 

20 training, and performance evaluation. 

21 ‘‘(B) NATIONAL PRETRIAL REPORTING

22 PROGRAM.—The Assistant Attorney General 

23 may not make more than $5,000,000 in grants 

24 under subsection (a)(2) for any 3-year period. 


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1 ‘‘(c) USE OF FUNDS FOR REPLACEMENT OF MONEY

2 BAIL GRANTS.— 

3 ‘‘(1) ACTIVITIES.—Amounts received under a 

4 grant under subsection (a)(1)— 

5 ‘‘(A) shall be used for developing the long6 term, sustainable capacity to perform more ef7 fective pretrial practices that include system 

8 analysis, training and technical assistance, 

9 meeting facilitation, research and performance 

10 evaluation, and information technology re11 programming; and 

12 ‘‘(B) in carrying out pretrial practices, 

13 shall seek to incorporate and implement the ele14 ments described in paragraph (2). 

15 ‘‘(2) ELEMENTS.—The elements described in 

16 this paragraph are— 

17 ‘‘(A) expanding the use of citations instead 

18 of custodial arrest; 

19 ‘‘(B) replacing the use of payment of 

20 money as a condition of pretrial release; 

21 ‘‘(C) requiring representation by counsel 

22 with adequate training in representing defend23 ants at pretrial detention hearing for all defend24 ants as soon as feasible after custodial re25 straint, but not later than the first hearing at 


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1 which a defendant’s liberty is subject to restric2 tion; 

3 ‘‘(D) providing for— 

4 ‘‘(i) a presumption of release in all 

5 cases; and 

6 ‘‘(ii) limiting the authority to request 

7 pretrial detention to those defendants who 

8 have been charged with— 

9 ‘‘(I) felony offenses involving ac10 tual violence against another person 

11 or punishable by a maximum term of 

12 life imprisonment; 

13 ‘‘(II) misdemeanor crimes of do14 mestic violence; 

15 ‘‘(III) misdemeanor crimes of 

16 stalking; or 

17 ‘‘(IV) misdemeanor hate crimes; 

18 ‘‘(E) ensuring that before detention or any 

19 condition of pretrial release more restrictive 

20 than release on recognizance is imposed, there 

21 is a pretrial release hearing that— 

22 ‘‘(i) provides for the right to present 

23 evidence, the right to cross-examine ad24 verse witnesses, and the right to testify or 

25 remain silent; 


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1 ‘‘(ii) results in a written record ex2 plaining the clear and convincing evidence 

3 relied on by the judicial officer to justify a 

4 detention order or additional condition of 

5 release; and 

6 ‘‘(iii) occurs as soon as feasible after 

7 custodial restraint, but not later than 24 

8 hours after custodial restraint if the indi9 vidual is being detained, unless the defend10 ant requests a continuance; 

11 ‘‘(F) ensuring that before pretrial deten12 tion is imposed— 

13 ‘‘(i) a judicial officer determines by 

14 clear and convincing evidence that the indi15 vidual poses a high risk of intentional 

16 avoidance of prosecution or of seriously 

17 physically harming another reasonably 

18 identifiable person during the adjudication 

19 period; 

20 ‘‘(ii) a judicial officer determines by 

21 clear and convincing evidence that no con22 dition, or combination of conditions, can 

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1 ably identifiable person during the adju2 dication period; and 

3 ‘‘(iii) no less restrictive condition is 

4 adequate to address the specific risk or 

5 risks identified; 

6 ‘‘(G) ensuring that before any condition of 

7 pretrial release more restrictive than release on 

8 recognizance is imposed— 

9 ‘‘(i) a judicial officer determines by 

10 clear and convincing evidence that the indi11 vidual poses a high risk of intentional 

12 avoidance of prosecution or of seriously 

13 physically harming another reasonably 

14 identifiable person during the adjudication 

15 period; and 

16 ‘‘(ii) a judicial officer determines by 

17 clear and convincing evidence that no less 

18 restrictive conditions or pretrial supports 

19 can sufficiently mitigate a high risk of in20 tentional avoidance of prosecution or of se21 riously physically harming another reason22 ably identifiable person during the adju23 dication period; 


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1 ‘‘(H) if pretrial release requires imposing 

2 additional conditions beyond release on recog3 nizance, ensuring that these conditions— 

4 ‘‘(i) are nonfinancial, pose no cost to 

5 the defendant, and are relevant only to the 

6 charge; 

7 ‘‘(ii) are the least restrictive condi8 tions that would reasonably ensure the ap9 pearance of the defendant in court or that 

10 would reasonably ensure that the defend11 ant does not present an imminent threat of 

12 serious physical harm to a reasonably iden13 tifiable person; and 

14 ‘‘(iii) were set without consideration 

15 of or with decreased weight given to crimi16 nal convictions older than 2 years; 

17 ‘‘(I) ensuring supervision of the conditions 

18 of pretrial release is based on proven data out19 comes; 

20 ‘‘(J) improvements made to the applicable 

21 pretrial services agency that, among other func22 tions— 

23 ‘‘(i) provides support to defendants 

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1 tions of release placed on them by the judi2 cial officer; 

3 ‘‘(ii) provides outreach to and part4 nership with community-based support 

5 structures to connect defendants with sup6 portive services; and 

7 ‘‘(iii) provides data collection, anal8 ysis, and research capabilities to assist the 

9 jurisdiction in achieving the benchmarks 

10 listed in paragraph (3); 

11 ‘‘(K) ensuring an officer of the State, unit 

12 of local government, or Indian Tribe that 

13 brought the charges against the defendant ap14 pears before a committing magistrate, judge, or 

15 other judicial officer at all hearings; 

16 ‘‘(L) ensuring the constitutional right of a 

17 defendant to a speedy trial is effectuated, in18 cluding— 

19 ‘‘(i) setting specific limits on the time 

20 within which either the defendant shall be 

21 brought to trial or the case shall be re22 solved through a nontrial disposition; 

23 ‘‘(ii) providing guidelines for com24 puting the time within which the trial must 


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1 be commenced or the case otherwise re2 solved; and 

3 ‘‘(iii) establishing appropriate con4 sequences in the event that the right of the 

5 defendant to a speedy trial is denied, and 

6 ensuring that under no circumstances a 

7 person is detained longer than the max8 imum sentence allowable if convicted of the 

9 charges; 

10 ‘‘(M) ensuring that the defendant and the 

11 State, unit of local government, or Indian Tribe 

12 that brought the charges against the defendant 

13 is entitled to an immediate, expedited appeal of 

14 a pretrial detention decision; and 

15 ‘‘(N) instituting a system of data collection 

16 and reporting to determine the effectiveness of 

17 the process replacing the money bail system. 

18 ‘‘(3) BENCHMARKS.—A State, local, or Tribal 

19 court system receiving a grant under subsection 

20 (a)(1) shall seek to achieve the following: 

21 ‘‘(A) Defendants return to court rates are 

22 not less than 95 percent. 

23 ‘‘(B) Not more than 10 percent of defend24 ants are rearrested pending trial. 


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1 ‘‘(C) Overall release rates of defendants 

2 pending trial are not less than 95 percent. 

3 ‘‘(D) 100 percent of defendants have an 

4 attorney at the first appearance of the defend5 ant before a magistrate, judge, or other judicial 

6 officer. 

7 ‘‘(E) 100 percent of defendants preven8 tively detained were detained after a pretrial re9 lease hearing that occurred not later than 24 

10 hours after custodial restraint, unless the de11 fendant requested a continuance. 

12 ‘‘(F) To the extent feasible, charging deci13 sions are made not later than 14 days after the 

14 date of the issuance of a citation or custodial 

15 arrest. 

16 ‘‘(G) To the extent feasible, the trial of the 

17 defendant begins not later than 30 days after 

18 the date of the issuance of a citation or custo19 dial arrest. 

20 ‘‘(H) No defendants were detained during 

21 any portion of time from arrest through adju22 dication simply due to an inability to satisfy a 

23 legal financial obligation set by the court. 

24 ‘‘(4) ALTERNATIVE PRETRIAL RELEASE MECHA25 NISMS.—Nothing in this part shall be construed to 


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1 prohibit the consideration of alternative pretrial re2 lease mechanisms that replace money bail systems 

3 while furthering the principles described in this part. 

4 ‘‘(d) ANNUAL REPORT.— 

5 ‘‘(1) IN GENERAL.—Each entity receiving a 

6 grant under this section shall submit to the Assist7 ant Attorney General, for each fiscal year during 

8 which the entity expends amounts received under the 

9 grant, a report, at such time and in such manner as 

10 the Assistant Attorney General may reasonably re11 quire, that contains— 

12 ‘‘(A) a summary of the activities carried 

13 out using amounts made available under the 

14 grant; 

15 ‘‘(B) an assessment of whether the activi16 ties are meeting the need for the program iden17 tified in the application for the grant; 

18 ‘‘(C) for a grant under subsection (a)(1), 

19 data on the money bail program of the State, 

20 local, or Tribal court system; and 

21 ‘‘(D) such other information as the Assist22 ant Attorney General may require. 

23 ‘‘(2) DATA.—The data provided under para24 graph (1)(C) shall— 


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1 ‘‘(A) be broken down by the demographic 

2 variables of age group, sex, race and ethnicity, 

3 disability, and charges filed; 

4 ‘‘(B) include the percentage of defendants 

5 detained in jail or prison who are released from 

6 jail or prison prior to case disposition, broken 

7 down by demographic variables of age group, 

8 sex, race and ethnicity, charges filed, and re9 lease condition; 

10 ‘‘(C) provide the average time to release 

11 from jail for defendants who are released pre12 trial, broken down by demographic variables of 

13 age group, sex, race and ethnicity, disability, 

14 charges filed, and release condition; 

15 ‘‘(D) provide the percentage of defendants 

16 who are detained for the entire duration of the 

17 pretrial phase of their case, broken down by de18 mographic variables of age group, sex, race and 

19 ethnicity, disability, charges filed, and reason 

20 for detention; 

21 ‘‘(E) provide the average duration of the 

22 period defendants who are not released are in 

23 custody in a prison or jail before the disposition 

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1 ables of age group, sex, race and ethnicity, dis2 ability, charges filed, and reason for detention; 

3 ‘‘(F) provide the percentage of defendants 

4 released from custody before trial who appeared 

5 at all court appearances for which the court ex6 pected them to appear during the pretrial phase 

7 of their case, broken down by demographic vari8 ables of age group, sex, race and ethnicity, dis9 ability, charges filed, and release condition; 

10 ‘‘(G) provide the percentage of defendants 

11 released from custody before trial who were not 

12 arrested for or charged with a new crime during 

13 the pretrial phase of their case, broken down by 

14 demographic variables of age group, sex, race 

15 and ethnicity, disability, charges filed, and re16 lease condition; 

17 ‘‘(H) provide data on the access of defend18 ants to counsel, including the number of coun19 sel appointments and the outcomes of pretrial 

20 release decisions in all cases where counsel was 

21 provided; and 

22 ‘‘(I) provide data on the most serious of23 fense with which defendants were charged and 

24 the classification of the offense. 

25 ‘‘(e) ALLOCATION OF FUNDS.— 


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1 ‘‘(1) IN GENERAL.—For fiscal year 2021, of the 

2 amounts appropriated to the Office, the Assistant 

3 Attorney General shall use $15,000,000 to carry out 

4 this part. 

5 ‘‘(2) LIMITATIONS; EQUITABLE DISTRIBU6 TION.— 

7 ‘‘(A) LIMITATIONS.—Of the amount made 

8 available to carry out this section in any fiscal 

9 year— 

10 ‘‘(i) not more than 2 percent may be 

11 used by the Assistant Attorney General for 

12 salaries and administrative expenses; and 

13 ‘‘(ii) not more than 25 percent may be 

14 used for technical assistance, training, and 

15 evaluation. 

16 ‘‘(B) EQUITABLE DISTRIBUTION.—The As17 sistant Attorney General shall ensure that 

18 grants awarded under this section are equitably 

19 distributed among the geographical regions and 

20 between urban and rural populations, including 

21 Indian Tribes, until all funds made available 

22 are expended, consistent with the objective of 

23 reducing recidivism among criminal offenders. 

24 ‘‘(f) REALLOCATION OF APPROPRIATIONS.—A recipi25 ent of a grant under subsection (a) shall return to the 


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1 Assistant Attorney General any amounts received under 

2 a grant under subsection (a) that are not expended for 

3 a purpose described in this section. 

4 ‘‘(g) ABILITY TO PAY DETERMINATION.— 

5 ‘‘(1) IN GENERAL.—A recipient of a grant 

6 under subsection (a) may only impose a fee or fine 

7 in a criminal proceeding if a court makes a written 

8 determination that the defendant has sufficient re9 sources or income to pay all or part of the fee, fine 

10 and costs. In making that determination, the court 

11 shall consider whether the defendant qualifies for a 

12 public defender or appointed counsel. 

13 ‘‘(2) DEFINITIONS.—In this subsection: 

14 ‘‘(A) The term ‘fees’— 

15 ‘‘(i) means monetary fees that are im16 posed for the costs of fine surcharges or 

17 court administrative fees; and 

18 ‘‘(ii) includes additional late fees, pay19 ment-plan fees, interest added if an indi20 vidual is unable to pay a fine in its en21 tirety, collection fees, and any additional 

22 amounts that do not include the fine. 

23 ‘‘(B) The term ‘fines’ means monetary 

24 fines imposed as punishment. 


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1 ‘‘SEC. 3052. DEFINITIONS. 

2 ‘‘In this part— 

3 ‘‘(1) the term ‘domestic violence’ means a pat4 tern of behavior involving the use or attempted use 

5 of physical, sexual, verbal, emotional, economic, or 

6 technological abuse or any other coercive behavior 

7 committed, enabled, or solicited to gain or maintain 

8 power and control over a victim, by a person who— 

9 ‘‘(A) is a current or former spouse or dat10 ing partner of the victim, or other person simi11 larly situated to a spouse of the victim under 

12 the family or domestic violence laws of the ju13 risdiction; 

14 ‘‘(B) is cohabitating with or has 

15 cohabitated with the victim as a spouse or dat16 ing partner, or other person similarly situated 

17 to a spouse of the victim under the family or 

18 domestic violence laws of the jurisdiction; 

19 ‘‘(C) shares a child in common with the 

20 victim; 

21 ‘‘(D) is an adult family member of, or paid 

22 or nonpaid caregiver for, a victim aged 50 or 

23 older or an adult victim with disabilities; or 

24 ‘‘(E) commits acts against a youth or adult 

25 victim who is protected from those acts under 


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1 the family or domestic violence laws of the ju2 risdiction. 

3 ‘‘(2) the term ‘eligible entity’ means a public or 

4 private entity, including— 

5 ‘‘(A) a nonprofit entity (including a tribal 

6 nonprofit); 

7 ‘‘(B) a faith-based or community organiza8 tion; 

9 ‘‘(C) a State or Tribal court system; 

10 ‘‘(D) a unit of local government; and 

11 ‘‘(E) an Indian Tribe; 

12 ‘‘(3) the term ‘proven data outcomes’, with re13 spect to supervision of the conditions of pretrial re14 lease, means intervention programs and supervision 

15 policies, procedures, programs, and practices that 

16 use data to identify the least restrictive conditions 

17 necessary to provide reasonable assurance that the 

18 individual does not pose a high risk of intentional 

19 avoidance of prosecution or of seriously physically 

20 harming another reasonably identifiable person dur21 ing the adjudication period; 

22 ‘‘(4) the term ‘least restrictive conditions’— 

23 ‘‘(A) includes court date notifications by 

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1 person reminder or another nonrestrictive pre2 trial supervisory condition; and 

3 ‘‘(B) does not include a condition that im4 poses additional financial obligations on the de5 fendant, including charging the defendant for 

6 implementation of the conditions; 

7 ‘‘(5) the term ‘misdemeanor crime of stalking’ 

8 means an offense that— 

9 ‘‘(A) is a misdemeanor crime of stalking 

10 under Federal, State, Tribal, or municipal law; 

11 and 

12 ‘‘(B) is a course of harassment, intimida13 tion, or surveillance of another person that— 

14 ‘‘(i) places that person in reasonable 

15 fear of material harm to the health or safe16 ty of— 

17 ‘‘(I) that person; 

18 ‘‘(II) an immediate family mem19 ber (as defined in section 115 of title 

20 18, United States Code) of that per21 son; 

22 ‘‘(III) a household member of 

23 that person; or 

24 ‘‘(IV) a spouse or intimate part25 ner of that person; or 


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1 ‘‘(ii) causes, attempts to cause, or 

2 would reasonably be expected to cause 

3 emotional distress to a person described in 

4 items subclauses (I) through (IV) of clause 

5 (i); 

6 ‘‘(6) the term ‘misdemeanor hate crime’ means 

7 an offense that— 

8 ‘‘(A) is a misdemeanor under Federal, 

9 State, or tribal law; 

10 ‘‘(B) has, as an element, that the conduct 

11 of the offender was motivated by hate or bias 

12 because of the actual or perceived race, color, 

13 religion, national origin, gender, sexual orienta14 tion, gender identity, or disability of any per15 son; and 

16 ‘‘(C) involves the use or attempted use of 

17 physical force, the threatened use of a deadly 

18 weapon, or other credible threat to the physical 

19 safety of any person; 

20 ‘‘(7) the term ‘money bail’ means a secured 

21 monetary obligation that is imposed by a court as a 

22 condition of the initial release of a defendant or on23 going court conditions of release before the trial or 

24 adjudication of the criminal charges pending against 

25 the defendant; 


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1 ‘‘(8) the term ‘reason for detention’ means 

2 whether a defendant was held without bond, held on 

3 another charge, or held for another reason; 

4 ‘‘(9) the term ‘release condition’ means whether 

5 a defendant was released— 

6 ‘‘(A) based on nonfinancial, personal recog7 nizance; 

8 ‘‘(B) with pretrial supervision; 

9 ‘‘(C) with an unsecured financial obliga10 tion; 

11 ‘‘(D) with a secured financial obligation; or 

12 ‘‘(E) with a combination of the conditions 

13 described in subparagraphs (A) through (D); 

14 and 

15 ‘‘(10) the term ‘State, local, or Tribal court sys16 tem’ means the court, court system, administrative 

17 offices of the courts, or similarly situated agency of 

18 a State, unit of local government, or Indian Tribe.’’. 

Æ 


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