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On July 20, 2017, Senators Kamala Harris (D-CA) and Rand Paul (R-KY) jointly introduced the “Pretrial Integrity and Safety Act of 2017.” This legislation would help bring about more just pretrial release determinations and represents a clear recognition of the vital role of counsel at the pretrial stage. If enacted, it would authorize a $10 million grant to provide states with an incentive to end the practice of money bail. Principles for obtaining grants under the bill include replacing money bail with individualized, pretrial guidelines that favor release as well as appointment of counsel at the earliest possible stage of pretrial detention, approaches strongly supported by NACDL. The bill would also encourage states to institute a system of data collection and reporting that includes steps to ensure that risk assessment tools do not result in racial, ethnic, gender, or class disparities.
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