‘‘(C) with an unsecured financial obliga-
tion; or 
‘‘(D) with a secured financial obligation; 
and 
‘‘(8) the term ‘State or tribal court system’ 
means the court, court system, administrative offices 
of the courts, or similarly situated agency of a State 
or Indian tribe. 
‘‘SEC. 3032. GRANTS AND CONDITIONS. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) REPLACEMENT OF MONEY BAIL.—The As-
sistant Attorney General may make grants to State 
and tribal court systems and eligible entities for the 
replacement of the use of payment of money bail as 
a condition of pretrial release with respect to crimi-
nal cases. 
‘‘(2) NATIONAL
PRETRIAL
REPORTING
PRO-
GRAM.—The Assistant Attorney General may make 
grants to eligible entities to implement a National 
Pretrial Reporting Program to collect data on the 
processing of defendants by courts of States and 
units of local government. 
‘‘(b) TERMS AND CONDITIONS.— 
‘‘(1) DURATION OF GRANTS.—A grant under 
subsection (a) shall be for a period of 3 fiscal years. 
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‘‘(2) MAXIMUMS.— 
‘‘(A) REPLACEMENT
OF
MONEY
BAIL.— 
Under subsection (a)(1), the Assistant Attorney 
General may make— 
‘‘(i) not more than 6 grants to a State 
or tribal court system during each fiscal 
year; and 
‘‘(ii) not more than $10,000,000 in 
grants during each fiscal year, of which— 
‘‘(I) not more than $6,500,000 
shall be grants to State or tribal court 
systems; and 
‘‘(II) not more than $3,500,000 
shall be grants to eligible entities to 
provide technical assistance, training, 
and performance evaluation. 
‘‘(B) NATIONAL
PRETRIAL
REPORTING 
PROGRAM.—The Assistant Attorney General 
may not make more than $5,000,000 in grants 
under subsection (a)(2) during each fiscal year. 
‘‘(c) USE OF FUNDS FOR REPLACEMENT OF MONEY 
BAIL GRANTS.— 
‘‘(1) ACTIVITIES.—Amounts received under a 
grant under subsection (a)(1) shall be used for de-
veloping the long-term, sustainable capacity to per-
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form more effective pretrial practices that include 
system analysis, training and technical assistance, 
meeting facilitation, research and performance eval-
uation, and information technology reprogramming, 
and shall seek to incorporate and implement the ele-
ments described in paragraph (2). 
‘‘(2) ELEMENTS.—The elements described in 
this paragraph are— 
‘‘(A) replacing money bail systems with in-
dividualized, pretrial assessments that— 
‘‘(i) measure the risk of flight and 
risk of anticipated criminal conduct posed 
by a defendant while on pretrial release; 
and 
‘‘(ii) shall use risk-based decision 
making that includes objective, research- 
based, and locally validated assessment 
tools that do not result in unwarranted 
disparities on the basis of any classifica-
tion protected under Federal non-discrimi-
nation laws or the non-discrimination laws 
of the applicable State; 
‘‘(B) providing for— 
‘‘(i) a presumption of release in most 
cases; and 
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‘‘(ii) a preventative detention protocol 
only for cases in which a judicial officer 
determines, by clear and convincing evi-
dence and after a hearing during which the 
defendant is represented by counsel, that 
the appearance of the defendant in court 
and the safety of the community cannot 
reasonably be assured through the use of 
any combination of conditions; 
‘‘(C) if pretrial release requires imposing 
conditions, ensuring it is based on the least re-
strictive conditions that a judicial officer deter-
mines would reasonably assure the appearance 
of the defendant and the safety of others in the 
community; 
‘‘(D) ensuring supervision of the conditions 
of pretrial release is based on evidence-based 
practices; 
‘‘(E) ensuring a defendant is provided with 
counsel at the earlier of— 
‘‘(i) as soon as is feasible after custo-
dial restraint; or 
‘‘(ii) the first appearance before a 
committing magistrate, judge, or other ju-
dicial officer; 
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‘‘(F) ensuring an officer of the State, unit 
of local government, or Indian tribe appears be-
fore a committing magistrate, judge, or other 
judicial officer at the pretrial hearing; 
‘‘(G) ensuring the constitutional right of a 
defendant to a speedy trial is effectuated, in-
cluding— 
‘‘(i) setting specific limits on the time 
within which either the defendant shall be 
brought to trial or the case shall be re-
solved through a nontrial disposition; 
‘‘(ii) providing guidelines for com-
puting the time within which the trial must 
be commenced or the case otherwise re-
solved; and 
‘‘(iii) establishing appropriate con-
sequences in the event that the right of the 
defendant to a speedy trial is denied; 
‘‘(H) ensuring that the defendant, State, 
unit of local government, or Indian tribe is enti-
tled to an immediate, expedited appeal of a pre-
trial detention decision; and 
‘‘(I) instituting a system of data collection 
and reporting to determine the effectiveness of 
the program replacing the money bail system. 
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‘‘(3) BENCHMARKS.—A State or tribal court 
systems or eligible entity receiving a grant under 
subsection (a)(1) shall seek to achieve the following: 
‘‘(A) Defendants return to court rates are 
not less than 95 percent. 
‘‘(B) Not more than 10 percent of defend-
ants are rearrested pending trial. 
‘‘(C) Overall release rates of defendants 
pending trial are not less than 85 percent. 
‘‘(D) 100 percent of defendants have an 
attorney at the first appearance of the defend-
ant before a magistrate, judge, or other judicial 
officer. 
‘‘(E) The majority of defendants preven-
tively detained were detained after a hearing 
that occurred not later than 3 days after the 
date of the arrest or booking of the defendant, 
and 100 percent of such hearings occurred not 
later than 7 days after the date of the arrest 
or booking. 
‘‘(F) Validated pretrial assessments with 
risk-based decision making that do not lead to 
disproportionately higher pretrial detention 
rates for individuals on the basis of race and 
ethnicity. 
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‘‘(4) ALTERNATIVE PRETRIAL RELEASE MECHA-
NISMS.—Nothing in this part shall be construed to 
prohibit the consideration of alternative pretrial re-
lease mechanisms that replace money bail systems 
while furthering the principles described in this part. 
‘‘(d) ANNUAL REPORT.— 
‘‘(1) IN
GENERAL.—Each entity receiving a 
grant under this section shall submit to the Assist-
ant Attorney General, for each fiscal year during 
which the entity expends amounts received under the 
grant, a report, at such time and in such manner as 
the Assistant Attorney General may reasonably re-
quire, that contains— 
‘‘(A) a summary of the activities carried 
out using amounts made available under the 
grant; 
‘‘(B) an assessment of whether the activi-
ties are meeting the need for the program iden-
tified in the application for the grant; 
‘‘(C) for a grant under subsection (a)(1), 
data on the money bail program of the State or 
Indian tribe; and 
‘‘(D) such other information as the Assist-
ant Attorney General may require. 
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‘‘(2) DATA.—The data provided under para-
graph (1)(C) shall— 
‘‘(A) be broken down by the demographic 
variables of age group, sex, race and ethnicity, 
disability, and charge-risk profile of the defend-
ant; 
‘‘(B) include the percentage of defendants 
detained in jail or prison who are released from 
jail or prison prior to case disposition, broken 
down by demographic variables of age group, 
sex, race and ethnicity, disability, charge-risk 
profile, and release condition; 
‘‘(C) provide the average time to release 
from jail for defendants who are released pre-
trial, broken down by demographic variables of 
age group, sex, race and ethnicity, disability, 
charge-risk profile, and release condition; 
‘‘(D) provide the percentage of defendants 
who are detained for the entire duration of the 
pretrial phase of their case, broken down by de-
mographic variables of age group, sex, race and 
ethnicity, disability, charge-risk profile, and rea-
son for detention; 
‘‘(E) provide the average duration of the 
period defendants who are not released are in 
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custody in a prison or jail before the disposition 
of their case, broken down by demographic vari-
ables of age group, sex, race and ethnicity, dis-
ability, charge-risk profile, and reason for de-
tention; 
‘‘(F) provide the percentage of defendants 
released from custody before trial who appeared 
at all court appearances for which the court ex-
pected them to appear during the pretrial phase 
of their case, broken down by demographic vari-
ables of age group, sex, race and ethnicity, dis-
ability, charge-risk profile, and release condi-
tion; 
‘‘(G) provide the percentage of defendants 
released from custody before trial who were not 
arrested for or charged with a new crime during 
the pretrial phase of their case, broken down by 
demographic variables of age group, sex, race 
and ethnicity, disability, charge-risk profile, and 
release condition; 
‘‘(H) provide data on the access of defend-
ants to counsel, including the number of coun-
sel appointments for indigent defendants and 
the outcomes of pretrial release decisions based 
on whether counsel was provided; and 
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‘‘(I) include a summary of the steps the 
entity has taken to ensure that any risk assess-
ment tool— 
‘‘(i) is properly and regularly vali-
dated based on reliable local data; 
‘‘(ii) includes objective, research-based 
data; and 
‘‘(iii) does not result in unwarranted 
disparities on the basis of any classifica-
tion protected under Federal non-discrimi-
nation laws or the non-discrimination laws 
of the applicable State. 
‘‘(e) ALLOCATION OF FUNDS.— 
‘‘(1) IN GENERAL.—For fiscal year 2018, of the 
amounts appropriated to the Office, the Assistant 
Attorney General shall use $15,000,000 to carry out 
this part. 
‘‘(2) 
LIMITATIONS; 
EQUITABLE
DISTRIBU-
TION.— 
‘‘(A) LIMITATIONS.—Of the amount made 
available to carry out this section in any fiscal 
year— 
‘‘(i) not more than 2 percent may be 
used by the Assistant Attorney General for 
salaries and administrative expenses; and 
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‘‘(ii) not more than 25 percent may be 
used for technical assistance, training, and 
evaluation. 
‘‘(B) EQUITABLE DISTRIBUTION.—The As-
sistant Attorney General shall ensure that 
grants awarded under this section are equitably 
distributed among the geographical regions and 
between urban and rural populations, including 
Indian tribes, consistent with the objective of 
reducing recidivism among criminal offenders. 
‘‘(f) REALLOCATION OF APPROPRIATIONS.—A recipi-
ent of a grant under subsection (a) shall return to the 
Assistant Attorney General any amounts received under 
a grant under subsection (a) that are not expended for 
a purpose described in this section.’’. 
Æ 
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