; and (ii) not more than $10,000,000 in grants during each fiscal year, of which— (I) not more than $6,500,000 shall be grants to State or tribal court systems; and (II) not more than $3,500,000 shall be grants to eligible entities to provide technical assistance, training, and performance evaluation. (B) National Pretrial Reporting Program The Assistant Attorney General may not make more than $5,000,000 in grants under subsection (a)(2) during each fiscal year. (c) Use of funds for replacement of money bail grants (1) Activities Amounts received under a grant under subsection (a)(1) shall be used for developing the long-term, sustainable capacity to perform more effective pretrial practices that include system analysis, training and technical assistance, meeting facilitation, research and performance evaluation, and information technology reprogramming, and shall seek to incorporate and implement the elements described in paragraph (2). (2) Elements The elements described in this paragraph are— (A) replacing money bail systems with individualized, pretrial assessments that— (i) measure the risk of flight and risk of anticipated criminal conduct posed by a defendant while on pretrial release; and (ii) shall use risk-based decision making that includes objective, research-based, and locally validated assessment tools that do not result in unwarranted disparities on the basis of any classification protected under Federal non-discrimination laws or the non-discrimination laws of the applicable State; (B) providing for— (i) a presumption of release in most cases; and (ii) a preventative detention protocol only for cases in which a judicial officer determines, by clear and convincing evidence and after a hearing during which the defendant is represented by counsel, that the appearance of the defendant in court and the safety of the community cannot reasonably be assured through the use of any combination of conditions