in collaboration with community-based organi-
zations and nonprofits; 
(D) investing in case processing and proc-
esses to reduce overall time to disposition and 
time between court events; 
(E) ensuring early assignment of counsel 
and presence of counsel at individuals’ first 
court appearance or bail hearing; 
(F) providing training to various actors 
within the criminal justice system on indigent 
defense that is aligned with best practices in 
the field; 
(G) creating or expanding diversion pro-
grams that do not require an individual to enter 
into a guilty plea and do not use incarceration 
as a sanction for noncompliance— 
(i) at the pre-arrest phase; 
(ii) at the pre-booking phase; and 
(iii) at the post-booking phase; or 
(H) any other emerging, promising, or evi-
dence-based practices that an eligible partner-
ship proposes and the Attorney General deems 
likely to reduce local jail incarceration. 
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(b) ELIGIBLE PARTNERSHIP.—An eligible partner-
ship is a partnership between not less than 2 of the fol-
lowing: 
(1) A unit of local government. 
(2) A territory. 
(3) An Indian tribe. 
(4) A nonprofit organization. 
(c) APPLICATION.—An application for a grant shall 
include the following: 
(1) Details of the range of pretrial services 
available within the jurisdiction where the jail being 
targeted for incarceration rate reduction under this 
Act is located. 
(2) A plan for ongoing process evaluation and 
outcome evaluation. 
(3) Either— 
(A) data— 
(i) disaggregated by race, ethnicity, 
and gender on incarceration for correc-
tional facilities within the local jurisdiction 
for each of the last five calendar years that 
includes— 
(I) the average daily population; 
(II) the percentage of individuals 
held pretrial and post-conviction; and 
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(III) the average length of stay 
for individuals held pretrial and post- 
conviction; and 
(ii) disaggregated by race, ethnicity, 
and gender on arrests made by all law en-
forcement entities operating within the 
local jurisdiction over each of the last five 
calendar years; or 
(B) in the event that elements of such in-
carceration or arrest data are not able to be 
compiled and reported, a comprehensive plan to 
obtain as much of the unavailable data as pos-
sible within the first year of the award. 
SEC. 3. REQUIREMENTS. 
(a) IN GENERAL.—Grantees shall— 
(1) consult in all phases of planning, implemen-
tation, and evaluation with municipal, county, and 
state law enforcement agencies, courts in the local 
jurisdiction, public defense organizations and crimi-
nal defense practitioners in the local jurisdiction, 
local substance use and mental health authorities, 
local community members, local community members 
who have been justice-involved, and community- 
based organizations and service providers; 
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(2) analyze local jail incarceration and arrest 
data to identify the drivers of jail incarceration and 
racial and ethnic disparities and ground jail popu-
lation reduction strategies in that data; 
(3) reduce incarceration rates by no less than 
5 percent the first year of an implementation grant, 
10 percent in each subsequent year, and 50 percent 
by the end of the grant period; 
(4) in consultation with the Bureau of Justice 
Assistance— 
(A) adopt and implement a methodology 
for measuring racial and ethnic disparities in 
jail incarceration; 
(B) set goals for the reduction of racial 
and ethnic jail incarceration disparities; and 
(C) decrease levels of incarceration across 
all races and ethnicities; 
(5) engage an external evaluator to coordinate 
data collection and reporting in an ongoing fashion 
and perform both a process and outcome evaluation, 
with support from the Bureau of Justice Assistance; 
and 
(6) use financial savings created through de-
creased incarceration to sustain programmatic and 
community-based efforts to reduce jail incarceration. 
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(b) GRANT OVERSIGHT REQUIREMENT.— 
(1) IN GENERAL.—If a grantee fails to meet 
the incarceration rate and racial and ethnic dispari-
ties reduction requirements under subsection (a)(3) 
in any year of the award, the Bureau of Justice As-
sistance shall perform an audit of the use of their 
award and the grantee shall implement new strate-
gies based on that audit. If a grantee fails to meet 
the incarceration rate and racial and ethnic dispari-
ties reduction requirements under subsection (a)(3) 
in any two consecutive years of the award, the At-
torney General shall terminate the award. 
(2) MODIFICATION
AUTHORITY.—The Bureau 
of Justice Assistance may grant a modification to 
the incarceration rate reduction requirement under 
subsection (a)(3) 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 jurisdiction. If a grantee 
fails to meet the modified reduction requirements in 
any two subsequent years of the award, the Attorney 
General shall terminate the award. 
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SEC. 4. GRANT AMOUNTS. 
(a) PLANNING GRANTS.—A grant under section 
2(a)(1) may be for not more than $100,000 for a single 
grantee, and shall be for a term of 1 year. 
(b) IMPLEMENTATION GRANTS.—A grant under sec-
tion 2(a)(2) shall be for a term of 6 years, and shall be 
structured as follows: 
(1) For the first year of the grant term, an 
amount shall be disbursed that is to be not less than 
$500,000 and not more than $3,000,000, contingent 
upon acceptance of a grantee’s proposed budget for 
activities under the grant, which may be subject to 
revision during the award process. 
(2) Award amounts shall decrease annually 
by— 
(A) 10 percent in the second year; 
(B) 15 percent in the third year; 
(C) 20 percent in the fourth year; and 
(D) 25 percent in the fifth year. 
(3) 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 report, and such funds shall be 
available to the grantees until expended. 
SEC. 5. SELECTION PRIORITY. 
In selecting grantees, the Attorney General shall— 
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(1) give priority to applicants from jurisdictions 
with the highest incarceration rates that are not al-
ready in decline and whose applications contain the 
most ambitious and attainable plans for reducing 
that rate; 
(2) 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 facilities; 
(3) for any year in which there will only be one 
new or ongoing award, ensure that a small metro-
politan, micropolitan, or noncore area is the recipi-
ent of the award; 
(4) for any year in which there will be more 
than one new or ongoing award, ensure that small 
metropolitan, micropolitan, or noncore areas are the 
recipients of at least two awards; and 
(5) for any year in which there will be three or 
more new or ongoing awards, ensure that no more 
than one large central metropolitan area is a recipi-
ent of an award. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) The term ‘‘conditional release’’ means pro-
bation, parole, supervised release, home confinement, 
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community supervision, and other practices under 
which an individual is supervised in the community 
by the criminal justice system and may be incarcer-
ated if found in violation of the conditions of their 
release. 
(2) The term ‘‘diversion’’ means a program or 
practice that— 
(A) places individuals who come into con-
tact with the criminal justice system into alter-
native processes outside the standard scope of 
criminal justice processing; and 
(B) reduces an individual’s involvement in 
the criminal justice system in both the short 
and long term. 
(3) The term ‘‘emerging practice’’ means a pro-
gram or practice— 
(A) with initial implementation resulting in 
decreased local jail incarceration in one or more 
communities; and 
(B) that will be evaluated through a well- 
designed and rigorous study. 
(4) The term ‘‘evidence-based practice’’ means 
a program or practice that— 
(A) is demonstrated to be effective when 
implemented with fidelity; 
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(B) is based on a clearly articulated and 
empirically supported theory; 
(C) has measurable outcomes relevant to 
reducing jail incarceration, including a detailed 
description of the outcomes produced in a par-
ticular population, whether urban or rural; and 
(D) has been scientifically tested and prov-
en effective through randomized control studies 
or comparison group studies and with the abil-
ity to replicate and scale. 
(5) The term ‘‘micropolitan area’’ has the 
meaning established under the Centers for Disease 
Control and Prevention’s (hereinafter in this Act re-
ferred to as the ‘‘CDC’’) National Center for Health 
Statistics Urban-Rural Classification Scheme for 
Counties. 
(6) The term ‘‘small metropolitan area’’ has the 
meaning established under the CDC’s National Cen-
ter for Health Statistics Urban-Rural Classification 
Scheme for Counties. 
(7) The term ‘‘noncore areas’’ has the meaning 
established under the CDC’s National Center for 
Health Statistics Urban-Rural Classification Scheme 
for Counties. 
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(8) The term ‘‘post-booking diversion’’ means a 
program or practice that diverts individuals from 
formal criminal justice system processing after for-
mal intake processing into jail. 
(9) 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 jail. 
(10) The term ‘‘promising practice’’ means a 
program or practice that— 
(A) is demonstrated to be effective based 
on positive outcomes relevant to reducing jail 
incarceration from one or more objective, inde-
pendent, and scientifically valid evaluations, as 
documented in writing to the Attorney General; 
and 
(B) will be evaluated through a well-de-
signed and rigorous study. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated— 
(1) $20,000,000 for each of fiscal years 2021 
through 2025 for planning grants; and 
(2) $100,000,000 for each of fiscal years 2021 
through 2025 for implementation grants, of which 
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10 percent of any appropriated amount is reserved 
specifically for evaluation activities. 
Æ 
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