[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3 Introduced in House (IH)]

  1st Session
                                 H. R. 3

To combat violent youth crime and increase accountability for juvenile 
                           criminal offenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

Mr. McCollum (for himself, Mr. Coble, Mr. Barr of Georgia, Mr. Bryant, 
  and Mr. Canady of Florida) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To combat violent youth crime and increase accountability for juvenile 
                           criminal offenses.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Juvenile Crime Control Act of 
1997''.

       TITLE I--STRENGTHENING THE FEDERAL JUVENILE JUSTICE SYSTEM

SEC. 101. DELINQUENCY PROCEEDINGS OR CRIMINAL PROSECUTIONS IN DISTRICT 
              COURTS.

    Section 5032 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5032. Delinquency proceedings or criminal prosecutions in 
              district courts
    ``(a)(1) A juvenile alleged to have committed an offense against 
the United States or an act of juvenile delinquency may be surrendered 
to State authorities, but if not so surrendered, shall be proceeded 
against as a juvenile under this subsection or tried as an adult in the 
circumstances described in subsections (b) and (c), unless the alleged 
offense or act of juvenile delinquency is committed within the special 
maritime and territorial jurisdiction of the United States for which 
the maximum authorized term of imprisonment does not exceed 6 months.
    ``(2) A juvenile may be proceeded against as a juvenile in a court 
of the United States under this subsection if the Attorney General, 
after investigation, certifies to the appropriate United States 
district court that--
            ``(A) the juvenile court or other appropriate court of a 
        State does not have jurisdiction or declines to assume 
        jurisdiction over the juvenile with respect to the alleged act 
        of juvenile delinquency, and
            ``(B) there is a substantial Federal interest in the case 
        or the offense to warrant the exercise of Federal jurisdiction.
    ``(3) If the Attorney General does not so certify or does not have 
authority to try such juvenile as an adult, such juvenile shall be 
surrendered to the appropriate legal authorities of such State.
    ``(4) If a juvenile alleged to have committed an act of juvenile 
delinquency is proceeded against as a juvenile under this section, any 
proceedings against the juvenile shall be in an appropriate district 
court of the United States. For such purposes, the court may be 
convened at any time and place within the district, in chambers or 
otherwise. The Attorney General shall proceed by information or as 
authorized by section 3401(g) of this title, and no criminal 
prosecution shall be instituted except as provided in this chapter.
    ``(b)(1) Except as provided in paragraph (2), a juvenile shall be 
prosecuted as an adult--
            ``(A) if the juvenile has requested in writing upon advice 
        of counsel to be prosecuted as an adult; or
            ``(B) if the juvenile is alleged to have committed an act 
        after the juvenile attains the age of 14 years which if 
        committed by an adult would be a serious violent felony or an 
        offense described in section 408 of the Controlled Substances 
        Act (21 U.S.C. 848) or a conspiracy or attempt to commit that 
        offense which is punishable under section 406 of the Controlled 
        Substances Act (21 U.S.C. 846).
    ``(2) The requirements of paragraph (1) do not apply if the 
Attorney General certifies to the appropriate United States district 
court that the interests of public safety are best served by proceeding 
against the juvenile as a juvenile.
    ``(c)(1) A juvenile may also be prosecuted as an adult if the 
juvenile is alleged to have committed an act after the juvenile has 
attained the age of 13 years which if committed by an adult would be a 
felony under Federal law, upon approval of the Attorney General or the 
Attorney General's designee.
    ``(2) Any such designee shall be at a level not lower than a Deputy 
Assistant Attorney General.
    ``(3) Such approval shall not be granted, with respect to such a 
juvenile who is subject to the criminal jurisdiction of an Indian 
tribal government and who is alleged to have committed an act over 
which, if committed by an adult, there would be Federal jurisdiction 
based solely on its commission in Indian country (as defined in section 
1151), unless the governing body of the tribe having jurisdiction over 
the place in which the alleged act was committed has before such act 
notified the Attorney General in writing of its election that 
prosecution may take place under this subsection.
    ``(d) A determination to approve or not to approve, or to institute 
or not to institute, a prosecution under subsection (b) or (c) shall 
not be reviewable in any court.
    ``(e) In a prosecution under subsection (b) or (c), the juvenile 
may be prosecuted and convicted as an adult for any other offense which 
is properly joined under the Federal Rules of Criminal Procedure, and 
may also be convicted of a lesser included offense.
    ``(f) As used in this section--
            ``(1) the term `State' includes a State of the United 
        States, the District of Columbia, any commonwealth, territory, 
        or possession of the United States and, with regard to an act 
        of juvenile delinquency that would have been a misdemeanor if 
        committed by an adult, a federally recognized tribe; and
            ``(2) the term `serious violent felony' has the same 
        meaning given that term in section 3559(c)(2)(F)(i).''.

SEC. 102. CUSTODY PRIOR TO APPEARANCE BEFORE JUDICIAL OFFICER.

    Section 5033 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5033. Custody prior to appearance before judicial officer
    ``(a) Whenever a juvenile is taken into custody, the arresting 
officer shall immediately advise such juvenile of the juvenile's 
rights, in language comprehensible to a juvenile. The arresting officer 
shall promptly take reasonable steps to notify the juvenile's parents, 
guardian, or custodian of such custody, of the rights of the juvenile, 
and of the nature of the alleged offense.
    ``(b) The juvenile shall be taken before a judicial officer without 
unreasonable delay.''.

SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS TO SECTION 5034.

    Section 5034 of title 18, United States Code, is amended--
            (1) by striking ``The'' each place it appears at the 
        beginning of a paragraph and inserting ``the'';
            (2) by striking ``If'' at the beginning of the 3rd 
        paragraph and inserting ``if'';
            (3) by designating the 3 paragraphs as paragraphs (1), (2), 
        and (3), respectively; and
            (4) by inserting at the beginning of such section before 
        those paragraphs the following: ``In a proceeding under section 
        5032(a)--''.

SEC. 104. DETENTION PRIOR TO DISPOSITION OR SENTENCING.

    Section 5035 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5035. Detention prior to disposition or sentencing
    ``(a)(1) A juvenile prosecuted pursuant to subsection (b) of 
section 5032, or a juvenile 15 years of age or older prosecuted 
pursuant to subsection (c) of such section, if detained at any time 
prior to sentencing, shall be detained in such suitable place as the 
Attorney General may designate. Preference shall be given to a place 
located within, or within a reasonable distance of, the district in 
which the juvenile is being prosecuted.
    ``(2) A juvenile less than 15 years of age prosecuted pursuant to 
subsection (c) of section 5032, if detained at any time prior to 
sentencing, shall be detained in a suitable juvenile facility located 
within, or within a reasonable distance of, the district in which the 
juvenile is being prosecuted. If such a facility is not available, such 
a juvenile may be detained in any other suitable facility located 
within, or within a reasonable distance of, such district. If no such 
facility is available, such a juvenile may be detained in any other 
suitable place as the Attorney General may designate.
    ``(3) To the maximum extent feasible, a juvenile less than 15 years 
of age prosecuted pursuant to subsection (c) of section 5032 shall not 
be detained prior to sentencing in any facility in which the juvenile 
has regular contact with adult persons convicted of a crime or awaiting 
trial on criminal charges.
    ``(b) A juvenile proceeded against under section 5032(a) shall not 
be detained prior to disposition in any facility in which the juvenile 
has regular contact with adult persons convicted of a crime or awaiting 
trial on criminal charges.
    ``(c) Every juvenile who is detained prior to disposition or 
sentencing shall be provided with reasonable safety and security and 
with adequate food, heat, light, sanitary facilities, bedding, 
clothing, recreation, education, and medical care, including necessary 
psychiatric, psychological, or other care and treatment.''.

SEC. 105. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended by--
            (1) striking ``If an alleged delinquent'' and inserting 
        ``If a juvenile proceeded against under section 5032(a)'';
            (2) striking ``thirty'' and inserting ``45''; and
            (3) striking ``the court,'' and all that follows through 
        the end of the section and inserting ``the court. The periods 
        of exclusion under section 3161(h) of this title shall apply to 
        this section.''.

SEC. 106. DISPOSITION; AVAILABILITY OF INCREASED DETENTION, FINES AND 
              SUPERVISED RELEASE FOR JUVENILE OFFENDERS.

    (a) Disposition.--Section 5037 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5037. Disposition
    ``(a) In a proceeding under section 5032(a), if the court finds a 
juvenile to be a juvenile delinquent, the court shall hold a hearing 
concerning the appropriate disposition of the juvenile no later than 40 
court days after the finding of juvenile delinquency, unless the court 
has ordered further study pursuant to subsection (e). A predisposition 
report shall be prepared by the probation officer who shall promptly 
provide a copy to the juvenile, the juvenile's counsel, and the 
attorney for the Government. Victim impact information shall be 
included in the report, and victims, or in appropriate cases their 
official representatives, shall be provided the opportunity to make a 
statement to the court in person or present any information in relation 
to the disposition. After the dispositional hearing, and after 
considering possible sanctions established pursuant to subsection (f), 
the court shall impose an appropriate sanction, including the ordering 
of restitution pursuant to section 3556 of this title. With respect to 
release or detention pending an appeal or a petition for a writ of 
certiorari after disposition, the court shall proceed pursuant to the 
provisions of chapter 207.
    ``(b) The term for which probation may be ordered for a juvenile 
found to be a juvenile delinquent may not extend beyond the maximum 
term that would be authorized by section 3561(c) if the juvenile had 
been tried and convicted as an adult. Sections 3563, 3564, and 3565 are 
applicable to an order placing a juvenile on probation.
    ``(c) The term for which official detention may be ordered for a 
juvenile found to be a juvenile delinquent may not extend beyond the 
lesser of--
            ``(1) the maximum term of imprisonment that would be 
        authorized if the juvenile had been tried and convicted as an 
        adult;
            ``(2) ten years; or
            ``(3) the date when the juvenile becomes twenty-six years 
        old.
Section 3624 is applicable to an order placing a juvenile in detention.
    ``(d) The term for which supervised release may be ordered for a 
juvenile found to be a juvenile delinquent may not extend beyond 5 
years. Subsections (c) through (i) of sections 3583 apply to an order 
placing a juvenile on supervised release.
    ``(e) If the court desires more detailed information concerning a 
juvenile alleged to have committed an act of juvenile delinquency or a 
juvenile adjudicated delinquent, it may commit the juvenile, after 
notice and hearing at which the juvenile is represented by counsel, to 
the custody of the Attorney General for observation and study by an 
appropriate agency or entity. Such observation and study shall be 
conducted on an outpatient basis, unless the court determines that 
inpatient observation and study are necessary to obtain the desired 
information. In the case of an alleged juvenile delinquent, inpatient 
study may be ordered only with the consent of the juvenile and the 
juvenile's attorney. The agency or entity shall make a study of all 
matters relevant to the alleged or adjudicated delinquent behavior and 
the court's inquiry. The Attorney General shall submit to the court and 
the attorneys for the juvenile and the Government the results of the 
study within 30 days after the commitment of the juvenile, unless the 
court grants additional time. Time spent in custody under this 
subsection shall be excluded for purposes of section 5036.
    ``(f) The United States Sentencing Commission, in consultation with 
the Attorney General, shall develop a list of possible sanctions for 
juveniles adjudicated delinquent. Such list shall be comprehensive in 
nature and encompass punishments of varying levels of severity, 
including mandatory confinement for juveniles who have been adjudicated 
delinquent in Federal or State court on more than 2 occasions.''.
    (b) Effective Date.--The Sentencing Commission shall develop the 
list required pursuant to section 5037(f), as amended by subsection 
(a), not later than 180 days after the date of the enactment of this 
Act.

SEC. 107. JUVENILE RECORDS AND FINGERPRINTING.

    Section 5038 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5038. Juvenile records and fingerprinting
    ``(a)(1) Throughout and upon the completion of the juvenile 
delinquency proceeding under section 5032(a), the court shall keep a 
record relating to the arrest and adjudication that is--
            ``(A) equivalent to the record that would be kept of an 
        adult arrest and conviction for such an offense; and
            ``(B) retained for a period of time that is equal to the 
        period of time records are kept for adult convictions.
    ``(2) Such records shall be made available for official purposes, 
including communications with any victim or school officials, and to 
the public to the same extent as court records regarding the criminal 
prosecutions of adults are available.
    ``(b) The Attorney General shall establish guidelines for 
fingerprinting and photographing a juvenile who is the subject of any 
proceeding authorized under this chapter. Such guidelines shall address 
the availability of pictures of any juvenile taken into custody but not 
prosecuted as an adult. Fingerprints and photographs of a juvenile who 
is prosecuted as an adult shall be made available in the manner 
applicable to adult offenders.
    ``(c) Whenever a juvenile has been adjudicated delinquent, the 
court shall transmit to the Federal Bureau of Investigation, 
Identification Division, the information concerning the adjudications, 
including name, date of adjudication, court, offenses, and sentence, 
along with the notation that the matters were juvenile adjudications.
    ``(d) In addition to any other authorization under this section for 
the reporting, retention, disclosure, or availability of records or 
information, if the law of the State in which a Federal juvenile 
delinquency proceeding takes place permits or requires the reporting, 
retention, disclosure, or availability of records or information 
relating to a juvenile or to a juvenile delinquency proceeding or 
adjudication in certain circumstances, then such reporting, retention, 
disclosure, or availability is permitted under this section whenever 
the same circumstances exist.''.

SEC. 108. RESTRICTION ON COMMITMENT.

    Section 5039 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5039. Commitment
    ``(a) The Attorney General shall not cause any juvenile less than 
19 years of age adjudicated delinquent under section 5032(a) to be 
placed or retained in an adult jail or correctional facility in which 
the juvenile has regular contact with adults incarcerated because they 
have been convicted of a crime or are awaiting trial on criminal 
charges, except for placement in a community-based facility.
    ``(b) Every juvenile adjudicated delinquent who has been committed 
shall be provided with reasonable safety and security and with adequate 
food, heat, light, sanitary facilities, bedding, clothing, recreation, 
counseling, education, training, and medical care including necessary 
psychiatric, psychological, or other care and treatment.''.

SEC. 109. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND 5034.

    (a) Section 5031.--Sections 5031 and 5034 of title 18, United 
States Code, are each amended by striking ``his'' each place it appears 
and inserting ``the juvenile's''.
    (b) Section 5034.--Section 5034 of title 18, United States Code, is 
amended--
            (1) in the heading of such section, by striking 
        ``magistrate'' and inserting ``judicial officer''; and
            (2) by striking ``magistrate'' each place it appears and 
        inserting ``judicial officer''.

SEC. 110. SERIOUS JUVENILE DELINQUENCY DRUG TRAFFICKING ADJUDICATIONS 
              AS ARMED CAREER CRIMINAL ACT PREDICATES.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of clause (i);
            (2) by inserting ``or'' at the end of clause (ii); and
            (3) by adding at the end the following:
                            ``(iii) any act of juvenile delinquency 
                        that if committed by an adult would be a 
                        serious drug offense described in this 
                        paragraph;''.

SEC. 111. CLERICAL AMENDMENTS TO TABLE OF SECTIONS FOR CHAPTER.

    The table of sections at the beginning of chapter 403 of title 18, 
United States Code, is amended to read as follows:

                  ``CHAPTER 403--JUVENILE DELINQUENCY

``Sec.
``5031. Definitions.
``5032. Delinquency proceedings or criminal prosecutions in district 
                            courts.
``5033. Custody prior to appearance before judicial officer.
``5034. Duties of judicial officer.
``5035. Detention prior to disposition or sentencing.
``5036. Speedy trial.
``5037. Disposition.
``5038. Juvenile records and fingerprints.
``5039. Commitment.
``5040. Support.
``5041. Repealed.
``5042. Revocation of probation.''.

          TITLE II--ARMED VIOLENT YOUTH APPREHENSION DIRECTIVE

SEC. 201. ARMED VIOLENT YOUTH APPREHENSION DIRECTIVE.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General of the United States shall 
establish an armed violent youth apprehension program consistent with 
the following requirements:
            (1) Each United States attorney shall designate at least 1 
        assistant United States attorney to prosecute, on either a 
        full- or part-time basis, armed violent youth.
            (2) Each United States attorney shall establish an armed 
        youth criminal apprehension task force comprised of appropriate 
        law enforcement representatives. The task force shall develop 
        strategies for removing armed violent youth from the streets, 
        taking into consideration--
                    (A) the importance of severe punishment in 
                deterring armed violent youth crime;
                    (B) the effectiveness of Federal and State laws 
                pertaining to apprehension and prosecution of armed 
                violent youth;
                    (C) the resources available to each law enforcement 
                agency participating in the task force;
                    (D) the nature and extent of the violent youth 
                crime occurring in the district for which the United 
                States attorney is appointed; and
                    (E) the principle of limited Federal involvement in 
                the prosecution of crimes traditionally prosecuted in 
                State and local jurisdictions.
            (3) Not less frequently than bimonthly, the Attorney 
        General shall require each United States attorney to report to 
        the Department of Justice the number of youths charged with, or 
        convicted of, violating section 922(g) or 924 of title 18, 
        United States Code, in the district for which the United States 
        attorney is appointed and the number of youths referred to a 
        State for prosecution for similar offenses.
            (4) Not less frequently than twice annually, the Attorney 
        General shall submit to the Congress a compilation of the 
        information received by the Department of Justice pursuant to 
        paragraph (3) and a report on all waivers granted under 
        subsection (b).
    (b) Waiver Authority.--
            (1) Request for waiver.--A United States attorney may 
        request the Attorney General to waive the requirements of 
        subsection (a) with respect to the United States attorney.
            (2) Provision of waiver.--The Attorney General may waive 
        the requirements of subsection (a) pursuant to a request made 
        under paragraph (1), in accordance with guidelines which shall 
        be established by the Attorney General. In establishing the 
        guidelines, the Attorney General shall take into consideration 
        the number of assistant United States attorneys in the office 
        of the United States attorney making the request and the level 
        of violent youth crime committed in the district for which the 
        United States attorney is appointed.
    (c) Armed Violent Youth Defined.--As used in this section, the term 
``armed violent youth'' means a person who has not attained 18 years of 
age and is accused of violating--
            (1) section 922(g)(1) of title 18, United States Code, 
        having been previously convicted of--
                    (A) a violent crime; or
                    (B) conduct that would have been a violent crime 
                had the person been an adult; or
            (2) section 924 of such title.
    (d) Sunset.--This section shall have no force or effect after the 
5-year period that begins 180 days after the date of the enactment of 
this Act.

TITLE III--ACCOUNTABILITY FOR JUVENILE OFFENDERS AND PUBLIC PROTECTION 
                            INCENTIVE GRANTS

SEC. 301. PUNISHMENT FOR JUVENILE CRIMINALS.

    Part R of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796 et seq.) is amended--
            (1) by striking the title of such part and inserting in 
        lieu thereof the following:

``PART R--PUNISHMENT FOR JUVENILE CRIMINALS AND RELATED IMPROVEMENTS IN 
                            PUBLIC SAFETY'';

            (2) in section 1801--
                    (A) by striking the section heading and inserting:

``SEC. 1801. GRANT AUTHORIZATION AND ELIGIBILITY.'';

                    (B) in subsection (a), by striking ``the purpose'' 
                and all that follows through the period and inserting 
                ``purposes of building, expanding, or operating 
                temporary or permanent juvenile correction or detention 
                facilities or for developing and administering 
                accountability-based sanctions for juvenile 
                offenders.''; and
                    (C) by striking subsection (b) and inserting the 
                following:
    ``(b) Eligibility.--To be eligible to receive a grant award under 
this section, a State shall submit an application to the Attorney 
General that demonstrates that such State has in effect or has 
implemented (or will have in effect or will have implemented not later 
than 1 year after the date the State submits such application) laws, 
policies, or programs which--
            ``(1) authorize prosecution as an adult of a juvenile who 
        commits an act after attaining 14 years of age that would be a 
        serious violent crime if committed by an adult;
            ``(2) establish graduated sanctions for juvenile offenders, 
        ensuring a sanction for every delinquent or criminal act, and 
        escalating the sanction with each subsequent delinquent or 
        criminal act, including such accountability-based punishments 
        as--
                    ``(A) restitution;
                    ``(B) community service;
                    ``(C) mandatory confinement for juveniles who on 
                more than 2 occasions have been adjudicated delinquent 
                or convicted of a criminal offense; or
                    ``(D) punishment of parents in violation of court 
                orders; and
            ``(3) provide for a system of records relating to any 
        adjudication of juveniles who are adjudicated delinquent for 
        conduct that if committed by an adult would constitute a felony 
        under Federal or State law that is--
                    ``(A) equivalent to the records that would be kept 
                of adults arrested for such conduct, including 
                fingerprints and photographs;
                    ``(B) submitted to the Federal Bureau of 
                Investigation in the same manner as adult records are 
                so submitted;
                    ``(C) retained for a period of time that is equal 
                to the period of time records are retained for adults; 
                and
                    ``(D) available to law enforcement agencies, the 
                courts, and school officials (and such school officials 
                shall be subject to the same standards and penalties to 
                which law enforcement and juvenile justice system 
                employees are subject under Federal and State law, for 
                handling and disclosing such information).'';
            (3) in section 1803(c), by striking ``alternative'' and all 
        that follows through the period and inserting ``correction or 
        detention facilities described in section 1801(a).''; and
            (4) in section 1805--
                    (A) in subsection (a), by striking ``young 
                offenders'' each place it appears and inserting 
                ``juvenile offenders'';
                    (B) in subsection (b), by striking ``or that a 
                State is not eligible to receive funds under section 
                1801'';
                    (C) by striking subsection (c) and redesignating 
                subsections (d), (e), and (f) as subsections (c), (d), 
                and (e), respectively;
                    (D) in subsection (c) (as redesignated), by 
                striking ``75'' and inserting ``90''; and
                    (E) by striking subsection (e) (as redesignated) 
                and adding at the end the following:
    ``(e) Definitions.-- For purposes of this part--
            ``(1) the term `serious violent crime' means--
                    ``(A) murder or nonnegligent manslaughter, forcible 
                rape, or robbery, or
                    ``(B) aggravated assault committed with the use of 
                a firearm; and
            ``(2) the term `juvenile' means a person under 18 years of 
        age.''.

SEC. 302. DEFINITION.

    Section 901(a) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by striking paragraph (24) and 
redesignating paragraph (25) as paragraph (24).

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    Section 1001(a) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by striking subparagraphs (A) through 
(E) of paragraph (16) and inserting in lieu thereof the following:
                    ``(A) $500,000,000 for fiscal year 1998;
                    ``(B) $500,000,000 for fiscal year 1999; and
                    ``(C) $500,000,000 for fiscal year 2000.''.

SEC. 304. CLERICAL AMENDMENT.

    The table of contents of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by striking the item relating to 
the heading for part R and the item relating to section 1801 and 
inserting the following:

``Part R--Punishment for Juvenile Offenders and Related Improvements in 
                             Public Safety

``Sec. 1801. Grant Authorization and Eligibility.''.
                                 <all>