; or (B) the first appearance before a committing magistrate, judge, or other judicial officer. (3) Limit on detention An eligible entity receiving a grant under subsection (a)(1), with respect to a defendant— (A) may not use preventive detention if an alternative measure is sufficient to ensure a court appearance and public safety; (B) may not use an alternative measure to preventive detention developed under paragraph (1) if release of the defendant on unsecured bond or recognizance is sufficient to ensure a court appearance and public safety; and (C) may use preventive detention only if a judicial officer determines, by clear and convincing evidence, that detention is necessary. (4) Preventive detention protocol An eligible entity receiving a grant under subsection (a)(1) shall— (A) grant a defendant the right to appeal a preventive detention order within 48 hours of the order; and (B) review the preventive detention order on a monthly basis. (c) Data report Each entity receiving a grant under subsection (a)(1) shall submit to the Assistant Attorney General, for each fiscal year during which the entity expends amounts received under the grant, a data report on the money bail program of the State or Indian tribe, at such time and in such manner as the Assistant Attorney General may reasonably require, which shall— (1) be broken down by the demographic variables of age group, sex, race and ethnicity, disability, and income of the defendant; (2) include the percentage of defendants detained in jail or prison who are released from jail or prison prior to case disposition, broken down by demographic variables of age group, sex, race and ethnicity, disability, income, and release condition; (3) provide the average time to release from jail for defendants who are released pretrial, broken down by demographic variables of age group, sex, race and ethnicity, disability, income, and release condition