Sec. 103. Procedures to reduce pretrial detention
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/bill/115/hr/4261/ih/section-103·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 180 days after the date of the enactment of this Act, the Attorney General, in consultation with the Criminal Law Committee of the Judicial Conference of the United States, the United States Probation and Pretrial Services, and a Federal public or community defender from the Defender Services Advisory Group, shall create and implement procedures to reduce over-incarceration due to the unnecessary use of pretrial detention in certain cases in order to— reduce overcrowding of pretrial detention facilities; and reduce the cost of pretrial detention.
In carrying out subsection (a), the Attorney General and the Director of the United States Courts shall take into consideration in creating and implementing their respective procedures— whether in Federal cases a summons instead of an arrest should be the default procedure; whether in some or most cases where a summons would not be sufficient, other least restrictive alternatives would be preferable to pretrial detention; the need to avoid seeking bonds that offenders are unable to meet, which is tantamount to seeking pretrial detention; the extent to which pretrial detention results from the disproportionate pretrial detention of individuals with fewer economic means; the impact of pretrial detention on loss of employment and housing; and the need to avoid pretrial detention that is not necessary to ensure the appearance of the defendant as required and the safety of the public as required under section 3142 of title 18, United States Code.
Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Department of Justice shall report to the Congress on the procedures created under this section, and address whether and to what extent those procedures are likely to accomplish their intended purposes. In the report, the Inspector General may include recommendations for further changes in procedures that would better accomplish the purposes set forth in subsection (a), taking into account the considerations described in subsection (b).