Sec. 3. Crime wave transparency

667 words·~3 min read·/bill/117/s/5152/is/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Each State or unit of local government shall— fully and accurately report information required by the National Incident-Based Reporting System of the Federal Bureau of Investigation; not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing— any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which requires or results in the nonenforcement of any criminal offenses within such jurisdiction; any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which requires or results in the nonprosecution of any criminal offenses within such jurisdiction; any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which has the effect of withdrawing law enforcement protection from a geographical area or structure that law enforcement officers are lawfully entitled to access; the number of criminal offenses declined to be prosecuted, disaggregated by each criminal offense; average sentences for filed criminal charges which resulted in punishment, disaggregated by length of sentence issued after a plea of guilty or plea of nolo contendere, length of sentence issued after guilt was determined by trial, and obligations placed on a defendant as a result of pretrial diversion; and the average sentences imposed for each crime within the jurisdiction of the State or unit of local government, and the average sentences actually served, disaggregated by each criminal offense; not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing efforts to reduce crime within the jurisdiction of the State or unit of local government, which shall include a discussion of— ongoing strategies to reduce the number of criminal offenses committed within the jurisdiction of the State or unit of local government; ongoing efforts to hire and retain law enforcement officers; ongoing strategies to combat anti-police sentiment; ongoing strategies to prevent repeat offenses by violent offenders; and ongoing strategies to increase prosecution of crime within its jurisdiction; and not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing the criminal offenses committed by persons who have been released from jail on pretrial release, which shall include crime data, in compliance with the requirements of the National Incident-Based Reporting System, for individuals who have been released from jail on pretrial release that have been arrested or charged with a felony or violent misdemeanor committed after pretrial release.

For any fiscal year beginning on or after the date of enactment of this Act, a State or unit of local government that fails to comply with subsection

(a)shall be subject to a 20-percent reduction in the amount that would otherwise be made available to the State or unit of local government under covered grants. Amounts not allocated to a State or unit of local government under a covered grant under subsection

(b)for failure to fully comply with subsection

(a)shall be reallocated under the applicable covered grant program to States or units of local government that have not failed to comply with subsection (a). Not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, the Attorney General shall publish a report listing each State or unit of local government that is not in compliance with subsection (a). The Attorney General shall maintain a public website on which each report required under subsection

(a)or

(d)may be accessed in an electronically searchable format. In order to ensure that the reports required under subsection

(a)are true and correct, the Attorney General shall monitor and assess the accuracy of the reports required under section (a), which shall include conducting audits.