[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4833 Introduced in House (IH)]
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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.
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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
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A BILL
To require that States release persons charged with a misdemeanor on
non-monetary conditions only prior to court adjudication.
Be it enacted by the Senate and House of Representatives 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''.
SEC. 2. NO MONETARY CONDITIONS OF RELEASE TO BE APPLIED TO PERSONS
CHARGED WITH MISDEMEANORS.
(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 offense 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 defined 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 satisfactorily
completes a State-authorized mental health diversion
program;
(B) the offender qualifies for and satisfactorily
completes a State-authorized drug/alcohol abuse
diversion program;
(C) the offender qualifies for and satisfactorily
completes a State-authorized community service
diversion program; or
(D) the offender qualifies for and satisfactorily
completes any other State-authorized diversion 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 additional
120 days to a State that is making good faith efforts
to comply with such subsection; and
(B) the Attorney General shall waive the
requirements of subsection (a) if compliance with such
subsection by a State would be unconstitutional 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 subsection (a), shall be subject to
not more than a 20-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 reallocated 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 completed 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
practices publicly available.
(b) Preventing Waste.--Not later than 180 days after completing the
review under subsection (a), the Attorney General shall publish
guidelines for States related to reducing and preventing the waste of
Federal resources in connection with bail reform and pretrial release
programs.
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