[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2233 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2233

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2019

 Mr. Danny K. Davis of Illinois (for himself and Mr. Evans) 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.

    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 2019''.

SEC. 2. NO MONETARY CONDITIONS OF RELEASE TO BE APPLIED TO PERSONS 
              CHARGED WITH MISDEMEANORS.

    Section 501 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10152) is amended--
            (1) in subsection (a)(1), by adding at the end the 
        following:
                    ``(I) Bail fairness programs.''; and
            (2) by adding at the end the following:
    ``(h) Definition.--For purposes of this section, the term `bail 
fairness program' means a program under the law of a State that 
complies with the following:
            ``(1) Bail for misdemeanors.--Monetary conditions of 
        release from custody of a person may not be imposed if that 
        person is held in custody by reason of having been arrested for 
        the commission of a misdemeanor.
            ``(2) Pre-trial diversion.--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.''.

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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