; (H) ensuring that the defendant, State, unit of local government, or Indian tribe is entitled to an immediate, expedited appeal of a pretrial detention decision; and (I) instituting a system of data collection and reporting to determine the effectiveness of the program replacing the money bail system. (3) Benchmarks A State or tribal court systems or eligible entity receiving a grant under subsection (a)(1) shall seek to achieve the following: (A) Defendants return to court rates are not less than 95 percent. (B) Not more than 10 percent of defendants are rearrested pending trial. (C) Overall release rates of defendants pending trial are not less than 85 percent. (D) 100 percent of defendants have an attorney at the first appearance of the defendant before a magistrate, judge, or other judicial officer. (E) The majority of defendants preventively detained were detained after a hearing that occurred not later than 3 days after the date of the arrest or booking of the defendant, and 100 percent of such hearings occurred not later than 7 days after the date of the arrest or booking. (F) Validated pretrial assessments with risk-based decision making that do not lead to disproportionately higher pretrial detention rates for individuals on the basis of race and ethnicity. (4) Alternative pretrial release mechanisms Nothing in this part shall be construed to prohibit the consideration of alternative pretrial release mechanisms that replace money bail systems while furthering the principles described in this part. (d) Annual report (1) In general Each entity receiving a grant under this section shall submit to the Assistant Attorney General, for each fiscal year during which the entity expends amounts received under the grant, a report, at such time and in such manner as the Assistant Attorney General may reasonably require, that contains— (A) a summary of the activities carried out using amounts made available under the grant