; and (B) may contract with nongovernmental community-based organizations to provide programs, which may include case management services, appearance assistance services, and screenings of aliens who have been detained. (2) Individualized determination required (A) In general In determining whether to order an alien to participate in a program under this subsection, the Secretary of Homeland Security, or the immigration judge, as appropriate shall make an individualized determination to determine the appropriate level of supervision for the alien. (B) Exemption Participation in a program under this subsection may not be ordered for an alien for whom it is determined that release on reasonable bond or recognizance will reasonably ensure the appearance of the alien as required and the safety of any other person and the community. . (b) Probable cause hearing Section 287(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1357(a)(2) ) is amended by striking but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States and inserting but the alien arrested shall be provided with a hearing before an immigration judge not later than 48 hours after being taken into custody to determine whether there is probable cause to believe that the alien does not have the right to enter or remain in the United States, which burden to establish probable cause shall be on the Government . (c) Mandatory detention repealed The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended— (1) in section 235(b)— (A) in paragraph (1)(B)— (i) in clause (ii), by striking detained and inserting referred ; and (ii) in clause (iii), by striking subclause (IV); and (B) in paragraph (2)(A), by striking detained and inserting referred ; (2) in section 236, by striking subsection (c); (3) by striking section 236A; (4) in section 238(a)(2), by striking pursuant to section 236(c)