I 
115TH CONGRESS 
2D SESSION 
H. R. 4833 
To require that States release persons charged with a misdemeanor on non- 
monetary 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 mis-
demeanor on non-monetary conditions only prior to court 
adjudication. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bail Fairness Act of 
2018’’. 
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SEC. 2. NO MONETARY CONDITIONS OF RELEASE TO BE AP-
PLIED TO PERSONS CHARGED WITH MIS-
DEMEANORS. 
(a) REQUIREMENT REGARDING STATE LAW.—For 
each fiscal year after the expiration of the period specified 
in subsection (b)(1) in which a State receives funds for 
a program referred to in subsection (b)(2), the law of that 
State shall conform to the following: 
(1) BAIL
FOR
MISDEMEANORS.—The law of 
that State may not provide for monetary conditions 
of release from custody of a person if that person 
has not previously been convicted for a criminal of-
fense and is held in custody by reason of having 
been arrested for the commission of a misdemeanor 
that is not a crime of violence (as such term is de-
fined in section 16 of title 18, United States Code). 
(2) PRE-TRIAL
DIVERSION.—The law of that 
State shall provide for a program under which any 
criminal charges filed against an offender described 
in paragraph (1) may be dismissed if— 
(A) the offender qualifies for and satisfac-
torily completes a State-authorized mental 
health diversion program; 
(B) the offender qualifies for and satisfac-
torily completes a State-authorized drug/alcohol 
abuse diversion program; 
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(C) the offender qualifies for and satisfac-
torily completes a State-authorized community 
service diversion program; or 
(D) the offender qualifies for and satisfac-
torily completes any other State-authorized di-
version program that is appropriate to the age 
of the offender and the offense charged. 
(b) COMPLIANCE AND INELIGIBILITY.— 
(1) COMPLIANCE DATE.—Each State shall have 
not more than 120 days, beginning on the date of 
enactment of this Act, to comply with subsection (a), 
except that— 
(A) the Attorney General may grant an ad-
ditional 120 days to a State that is making 
good faith efforts to comply with such sub-
section; and 
(B) the Attorney General shall waive the 
requirements of subsection (a) if compliance 
with such subsection by a State would be un-
constitutional under the constitution of such 
State. 
(2) INELIGIBILITY FOR FUNDS.—For any fiscal 
year after the expiration of the period specified in 
paragraph (1), a State that fails to comply with sub-
section (a), shall be subject to not more than a 20- 
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percent reduction of the funds that would otherwise 
be allocated for that fiscal year to the State under 
subpart 1 of part E of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 
3750 et seq.), whether characterized as the Edward 
Byrne Memorial State and Local Law Enforcement 
Assistance Programs, the Local Government Law 
Enforcement Block Grants Program, the Edward 
Byrne Memorial Justice Assistance Grant Program, 
or otherwise. 
(c) REALLOCATION.—Amounts not allocated under a 
program referred to in subsection (b)(2) to a State for 
failure to fully comply with subsection (a) shall be reallo-
cated under that program to States that have not failed 
to comply with such subsection. 
SEC. 3. DEPARTMENT OF JUSTICE REVIEW OF RESEARCH 
RELATED TO BAIL REFORM AND PRETRIAL 
RELEASE PROGRAMS. 
(a) IN GENERAL.—The Attorney General shall review 
research and the results of studies which have been com-
pleted as of the date of the enactment of this Act related 
to bail reform and pretrial release programs in order to 
determine best practices, and shall make such best prac-
tices publicly available. 
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(b) PREVENTING WASTE.—Not later than 180 days 
after completing the review under subsection (a), the At-
torney General shall publish guidelines for States related 
to reducing and preventing the waste of Federal resources 
in connection with bail reform and pretrial release pro-
grams. 
Æ 
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