1. Short title This Act may be cited as the Alternatives to Detention Act of 2018 . 2. Alternatives to detaining undocumented individuals (a) In general The Secretary of Homeland Security shall establish programs that provide alternatives to detaining individuals under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )), whether such detention is pending a decision on whether the individual is to be removed from the United States or after the issuance of a removal order. The programs shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. The Secretary may contract with nongovernmental community-based organizations to provide services under such programs, which may include case management services, appearance assistance services, and screenings of individuals who have been detained. (b) Determination of vulnerable population or caregiver status required (1) In general Not later than 48 hours after taking an individual described in subsection (a) into custody, the Secretary or the immigration judge shall make a determination whether an individual may participate in an alternatives to detention program and determine the appropriate level of supervision. (2) Special rule If the individual is member of a vulnerable population described in subsection (c), is a parent of a child under 18 years of age, or is dependent caregiver or a family caregiver, the individual may not be detained and must be placed in an alternatives to detention program that is a community-based supervision program. (3) Exceptions Alternative to detention programs shall not be used— (A) for individuals detained under section 236A of the Immigration and Nationality Act ( 8 U.S.C. 1226a )