The Community First Pretrial Reform Act would create a new Department of Justice grant program (via the Bureau of Justice Assistance) to help local governments reduce jail populations and the number of days people spend in jail. It funds partnerships to first analyze data and plan, then implement evidence-based pretrial and diversion reforms—such as reducing cash bail, increasing pretrial services, speeding up case processing, ensuring timely and robust defense counsel, and expanding non-incarceration diversion options. The program relies on data-driven planning, ongoing evaluation, and reinvestment of any cost savings from reduced incarceration. Grants emphasize equity, require external evaluation, and aim for steady incarceration reductions over the grant period.
Key Points
- 1Creates a new Justice Department grant program (via the Bureau of Justice Assistance) to reduce local jail populations and days, through planning and implementation grants and community-led reinvestment.
- 2Two grant types:
- 3- Planning Grants: up to $100,000 for 1 year to collect data, analyze disparities, and develop a public-facing strategic plan to reduce local jail incarceration.
- 4- Implementation Grants: six-year grants with an initial award of $500,000 to $3,000,000, then declining amounts each year (10% → 15% → 20% → 25% reductions), and a final sixth year focused on evaluation and a final report.
- 5Required activities in implementation include: reducing cash bail use, reducing revocations of conditional release, expanding pretrial services and collaboration with nonprofits, speeding case processing, ensuring early assignment of counsel, training indigent defense, expanding diversion programs (including pre-arrest/pre-booking and post-booking phases), and adopting other evidence-based practices.
- 6Eligible partnerships must include at least two entities from among local government, a territory, an Indian tribe, and a nonprofit organization.
- 7Grantees must meet explicit performance goals: reduce incarceration rates by at least 5% in the first year, 10% each subsequent year, and 50% by the end of the grant period; implement equity-disparity reduction measures; and use an external evaluator for ongoing process and outcome evaluation.
- 8Oversight and potential termination: failures to meet annual reduction/equity targets can lead to audits and potential termination; a modification can be made if population growth explains under-performance, but continued failure after modification can still end the grant.
- 9Priorities in selecting grantees include focusing on jurisdictions with high, non-declining incarceration rates, avoiding bed expansion, and ensuring geographic diversity (favoring small metros or noncore areas when awards are limited or multiple awards are available).
- 10Definitions cover key terms such as conditional release, diversion, emerging and evidence-based practices, pre- and post-booking diversion, and equity disparities.
- 11Funding authorization: $20 million per year (planning) and $100 million per year (implementation) from 2026 through 2030, with 10% of implementation funding reserved for evaluation.