I 

115TH CONGRESS 

2D SESSION H. R. 4833 

To require that States release persons charged with a misdemeanor on nonmonetary conditions only prior to court adjudication. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2018 

Mr. DANNY K. DAVIS of Illinois (for himself, Ms. JACKSON LEE, Mr. EVANS, 

Mr. RUSH, Ms. KELLY of Illinois, Mr. SCOTT of Virginia, Ms. MOORE, 

Ms. EDDIE BERNICE JOHNSON of Texas, and Ms. SEWELL of Alabama) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To require that States release persons charged with a misdemeanor on non-monetary conditions only prior to court 

adjudication. 

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 ‘‘Bail Fairness Act of 

5 2018’’. 


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1 SEC. 2. NO MONETARY CONDITIONS OF RELEASE TO BE AP2 PLIED TO PERSONS CHARGED WITH MIS3 DEMEANORS. 

4 (a) REQUIREMENT REGARDING STATE LAW.—For 

5 each fiscal year after the expiration of the period specified 

6 in subsection (b)(1) in which a State receives funds for 

7 a program referred to in subsection (b)(2), the law of that 

8 State shall conform to the following: 

9 (1) BAIL FOR MISDEMEANORS.—The law of 

10 that State may not provide for monetary conditions 

11 of release from custody of a person if that person 

12 has not previously been convicted for a criminal of13 fense and is held in custody by reason of having 

14 been arrested for the commission of a misdemeanor 

15 that is not a crime of violence (as such term is de16 fined in section 16 of title 18, United States Code). 

17 (2) PRE-TRIAL DIVERSION.—The law of that 

18 State shall provide for a program under which any 

19 criminal charges filed against an offender described 

20 in paragraph (1) may be dismissed if— 

21 (A) the offender qualifies for and satisfac22 torily completes a State-authorized mental 

23 health diversion program; 

24 (B) the offender qualifies for and satisfac25 torily completes a State-authorized drug/alcohol 

26 abuse diversion program; 


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1 (C) the offender qualifies for and satisfac2 torily completes a State-authorized community 

3 service diversion program; or 

4 (D) the offender qualifies for and satisfac5 torily completes any other State-authorized di6 version program that is appropriate to the age 

7 of the offender and the offense charged. 

8 (b) COMPLIANCE AND INELIGIBILITY.— 

9 (1) COMPLIANCE DATE.—Each State shall have 

10 not more than 120 days, beginning on the date of 

11 enactment of this Act, to comply with subsection (a), 

12 except that— 

13 (A) the Attorney General may grant an ad14 ditional 120 days to a State that is making 

15 good faith efforts to comply with such sub16 section; and 

17 (B) the Attorney General shall waive the 

18 requirements of subsection (a) if compliance 

19 with such subsection by a State would be un20 constitutional under the constitution of such 

21 State. 

22 (2) INELIGIBILITY FOR FUNDS.—For any fiscal 

23 year after the expiration of the period specified in 

24 paragraph (1), a State that fails to comply with sub25 section (a), shall be subject to not more than a 20- 


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1 percent reduction of the funds that would otherwise 

2 be allocated for that fiscal year to the State under 

3 subpart 1 of part E of title I of the Omnibus Crime 

4 Control and Safe Streets Act of 1968 (42 U.S.C. 

5 3750 et seq.), whether characterized as the Edward 

6 Byrne Memorial State and Local Law Enforcement 

7 Assistance Programs, the Local Government Law 

8 Enforcement Block Grants Program, the Edward 

9 Byrne Memorial Justice Assistance Grant Program, 

10 or otherwise. 

11 (c) REALLOCATION.—Amounts not allocated under a 

12 program referred to in subsection (b)(2) to a State for 

13 failure to fully comply with subsection (a) shall be reallo14 cated under that program to States that have not failed 

15 to comply with such subsection. 

16 SEC. 3. DEPARTMENT OF JUSTICE REVIEW OF RESEARCH 

17 RELATED TO BAIL REFORM AND PRETRIAL 

18 RELEASE PROGRAMS. 

19 (a) IN GENERAL.—The Attorney General shall review 

20 research and the results of studies which have been com21 pleted as of the date of the enactment of this Act related 

22 to bail reform and pretrial release programs in order to 

23 determine best practices, and shall make such best prac24 tices publicly available. 


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1 (b) PREVENTING WASTE.—Not later than 180 days 

2 after completing the review under subsection (a), the At3 torney General shall publish guidelines for States related 

4 to reducing and preventing the waste of Federal resources 

5 in connection with bail reform and pretrial release pro6 grams. 

Æ 


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