[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1174 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1174

        To provide for safe incarceration of juvenile offenders.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 12, 2001

  Mr. Leahy (for himself, Mr. Hatch, and Mr. Kennedy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
        To provide for safe incarceration of juvenile offenders.

    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 ``Children's Confinement Conditions 
Improvement Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) recent studies have established that youth are 
        developmentally different from adults, and these developmental 
        differences need to be taken into account at all stages and in 
        all aspects of the adult criminal justice system;
            (2) pretrial release or detention of juveniles awaiting 
        trial in adult criminal court should only occur after 
        consideration of their special characteristics and the nature 
        of their offenses;
            (3)(A) if detained or incarcerated, juveniles under the 
        jurisdiction of an adult criminal court should be housed in 
        institutions or facilities separate from adult facilities until 
        their eighteenth birthday; and
            (B) those juveniles should not have sight or sound contact 
        with adult inmates;
            (4) juveniles detained or incarcerated under the 
        jurisdiction of an adult criminal court should be provided 
        access to programs that address their educational, substance 
        abuse treatment, health, mental health, and vocational needs;
            (5) juveniles detained or incarcerated under the 
        jurisdiction of an adult criminal court should be provided with 
        the mechanisms to report instances of physical, mental, or 
        psychological abuse or intimidation, and allegations of such 
        abuse or intimidation should be promptly investigated, and if 
        proven correct, should be properly remedied;
            (6) transfer to and sentencing of juveniles in the adult 
        criminal court system should be based on consideration of the 
        individual characteristics of the juvenile and the nature of 
        the offense committed;
            (7) according to recent studies, juveniles who are placed 
        in adult facilities are more likely to commit future crimes;
            (8) housing juveniles with, or in close proximity to, adult 
        inmates creates difficulties and potentially unsafe conditions 
        for jail and prison personnel, and juveniles and adult inmates, 
        since many adult jails and prisons lack the physical structure, 
        programming, and trained personnel to manage juveniles 
        effectively;
            (9) according to the Department of Justice, the suicide 
        rate for juveniles in adult jails is nearly 8 times higher than 
        the rate in juvenile detention, and the highest rate of suicide 
        in jail occurs during the first 24 hours of commitment;
            (10) according to the Department of Justice, juveniles in 
        adult facilities are 5 times more likely to be sexually 
        assaulted, twice as likely to be beaten by staff, and 50 
        percent more likely to be attacked with a weapon than 
        adolescents in a juvenile facility; and
            (11) rural States and economically depressed communities 
        have pronounced difficulties in providing secure custody for 
        juvenile offenders apart from adult inmates.

SEC. 3. PURPOSE.

    The purpose of this Act is to provide incentives and funding 
assistance for States to reduce dangerous and unsafe conditions in the 
detention and incarceration of juvenile offenders under the 
jurisdiction of an adult criminal court, including separating those 
juvenile offenders from adult prisoners and ensuring that corrections 
officers who supervise them receive training in supervision issues 
unique to juveniles.

SEC. 4. DEFINITION.

    In this Act, the term ``juvenile'' means an individual who has not 
reached the age of 18.

           TITLE I--JUVENILE SAFE INCARCERATION GRANT PROGRAM

SEC. 101. GRANT AUTHORITY.

    The Assistant Attorney General for the Office of Justice Programs, 
established under section 101 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968, in consultation with the Office of 
Juvenile Justice and Delinquency Prevention, may make grants to States, 
units of local government, and Indian tribes for the development and 
implementation of programs designed to--
            (1) alter existing correctional facilities, or develop 
        separate facilities, to provide separate facilities for 
        juveniles who are detained or are serving sentences in adult 
        prisons or jails under the jurisdiction of an adult criminal 
        court;
            (2) provide correctional staff who are responsible for 
        supervising juveniles who are detained or are serving sentences 
        in adult prisons or jails under the jurisdiction of an adult 
        criminal court with orientation and ongoing training to address 
        the developmental, educational, vocational, and mental and 
        physical health needs of those offenders;
            (3) provide ombudsmen to monitor the treatment of juveniles 
        who are detained or are serving sentences in adult prisons or 
        jails under the jurisdiction of an adult criminal court;
            (4) provide access to educational programs, vocational 
        training, mental and physical health assessment and treatment, 
        and drug treatment for juveniles who are serving sentences 
        under the jurisdiction of an adult criminal court; or
            (5) seek alternatives, including the expansion of juvenile 
        facilities, to housing juveniles under the jurisdiction of an 
        adult criminal court with adult inmates.

SEC. 102. ADMINISTRATION.

    (a) Guidelines.--The Assistant Attorney General may issue 
guidelines necessary to carry out this title.
    (b) Applications.--In addition to any other requirements that may 
be specified by the Assistant Attorney General, an application for a 
grant under this title shall--
            (1) include a detailed implementation plan addressing each 
        of the purposes in section 101 and a timeline for the 
        implementation of those purposes;
            (2) address the capability of the applicant to continue the 
        proposed program following the conclusion of Federal support;
            (3) describe the methodology that will be used in 
        evaluating the program; and
            (4) certify that the State applicant (or the State in which 
        the applicant is located) has developed guidelines on the use 
        of isolation and separation and on the appropriate use of force 
        against incarcerated juveniles, and has prohibited the use of 
        electroshock devices, 4-point restraints, chemical restraints, 
        and restraint chairs.

SEC. 103. APPLICATIONS.

    (a) In General.--To request funds under this title, applicants 
shall submit an application to the Assistant Attorney General in such 
form and containing such information as the Assistant Attorney General 
may reasonably require.
    (b) Competitive Grants.--Funding under this title shall be awarded 
on a competitive basis based on criteria established by the Assistant 
Attorney General and specified in program guidelines.

SEC. 104. FEDERAL SHARE.

    (a) In General.--The Federal share of a grant made under this title 
may not exceed 75 percent of the total cost of the program described in 
the application submitted for the fiscal year for which the program 
receives assistance under section 101, unless the Assistant Attorney 
General waives, wholly or in part, the requirement of a matching 
contribution under this section.
    (b) In-Kind Contributions.--In-kind contributions may constitute a 
portion of the non-Federal share of a grant under this title.

SEC. 105. GEOGRAPHIC DISTRIBUTION.

    (a) In General.--The Assistant Attorney General shall ensure that, 
to the extent practicable, an equitable geographic distribution of 
grant awards under this title is made, with rural representation.
    (b) Minimum Allocation.--Unless all eligible applications submitted 
by any State or unit of local government within such State for a grant 
under this section have been funded, that State, together with grantees 
within the State, shall be allocated in each fiscal year under this 
section not less than 0.75 percent of the total amount appropriated in 
the fiscal year for grants under this title.
    (c) Indian Tribes.--Indian tribes shall receive 0.75 percent of the 
total amount appropriated in the fiscal year for grants under this 
title.

SEC. 106. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    (a) Technical Assistance and Training.--The Assistant Attorney 
General may provide technical assistance and training in furtherance of 
the purposes of this title.
    (b) Evaluation.--In addition to any evaluation requirements that 
may be prescribed for grantees, the Assistant Attorney General may 
carry out or make arrangements for a rigorous evaluation of the 
programs that receive support under this title.
    (c) Administration.--The technical assistance, training, and 
evaluations authorized by this section may be carried out directly by 
the Assistant Attorney General or through grants, contracts, or 
cooperative arrangements with other entities.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title such sums as may be necessary for fiscal years 2002 
through 2006.
    (b) Permanent Set-Aside for Research and Evaluation.--The Assistant 
Attorney General shall reserve not less than 1 percent and not more 
than 3 percent of the sums appropriated under this section in each 
fiscal year for research and evaluation of this program.

TITLE II--TRUTH-IN-SENTENCING AND VIOLENT OFFENDER INCARCERATION GRANT 
                                PROGRAMS

SEC. 201. TRUTH-IN-SENTENCING AND VIOLENT OFFENDER INCARCERATION GRANT 
              PROGRAMS.

    Section 20105(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 13705(b)) is amended to read as follows:
    ``(b) Allocation for Truth-in-Sentencing and Violent Offender 
Incarceration Grants.--
            ``(1) Use of funds.--Funds provided under section 20103 or 
        20104 may be applied to the cost of--
                    ``(A) altering existing correctional facilities to 
                provide separate facilities for juveniles under the 
                jurisdiction of an adult criminal court who are 
                detained or are serving sentences in adult prisons or 
                jails;
                    ``(B) providing correctional staff who are 
                responsible for supervising juveniles who are detained 
                or serving sentences under the jurisdiction of an adult 
                criminal court with orientation and ongoing training 
                regarding the unique needs of such offenders; and
                    ``(C) providing ombudsmen to monitor the treatment 
                of juveniles who are detained or serving sentences 
                under the jurisdiction of an adult criminal court in 
                adult facilities, consistent with guidelines issued by 
                the Assistant Attorney General.
            ``(2) Eligibility for additional funds.--Any State that 
        uses 10 percent of the funds for which it is eligible under 
        sections 20103 and 20104 for the purposes described in this 
        subsection shall receive a 5 percent increase in the funds to 
        which it is entitled under those sections.''.

                TITLE III--REAUTHORIZATION OF THE JJDPA

SEC. 301. REAUTHORIZATION FOR THE JUVENILE JUSTICE AND DELINQUENCY 
              PREVENTION ACT OF 1974.

    Title I of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end the 
following:

``SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this Act 
such sums as necessary for each of fiscal years 2002 through 2004.''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. STUDY OF THE EFFECT OF SENTENCING JUVENILE DRUG OFFENDERS AND 
              NONVIOLENT OFFENDERS AS ADULTS.

    Not later than 1 year after the date of enactment of this Act, the 
Bureau of Justice Statistics and the Office of Juvenile Justice and 
Delinquency Prevention shall submit to the Committees on the Judiciary 
of the Senate and the House of Representatives a joint report regarding 
the sentencing of juvenile offenders as adult criminal offenders, which 
shall include--
            (1) the identity of States that sentence juvenile drug 
        offenders and nonviolent juvenile offenders as adults, the 
        number of juveniles so sentenced in each State, and the 
        offenses for which those juveniles were sentenced;
            (2) demographic information, including the age, race, 
        ethnicity, gender, and socioeconomic status of juvenile drug 
        offenders and nonviolent juvenile offenders sentenced as adults 
        by a State;
            (3) the effectiveness of such sentences in reducing drug-
        related crime; and
            (4) the overall effect of the imposition of such sentences 
        upon State corrections systems.

SEC. 402. RURAL STATE FUNDING.

    (a) In General.--The Assistant Attorney General, in consultation 
with the Office of Juvenile Justice and Delinquency Prevention, shall 
provide grants to provide custodial facilities appropriate for violent 
juvenile offenders in rural States and economically distressed 
communities that lack the resources to provide secure custody.
    (b) Definition of Rural State.--In this section, the term ``rural 
State'' has the same meaning as in section 1501(b) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)).
    (c) Equitable Allocation of Awards.--In making awards under 
subsection (a), the Assistant Attorney General shall ensure that the 
awards are equitably allocated among the principal geographic regions 
of the United States, subject to the availability of qualified 
applicants for the awards.
    (d) Evaluations; Dissemination of Findings.--
            (1) Evaluations.--The Assistant Attorney General shall, 
        directly or through contract, provide for the conduct of 
        evaluations of programs carried out pursuant to subsection (a).
            (2) Dissemination of findings.--The Assistant Attorney 
        General shall disseminate the findings made as a result of the 
        evaluation to the States and the Committees on the Judiciary of 
        the Senate and the House of Representatives.
    (e) Minimum Allocation.--Unless all eligible applications submitted 
by any State or unit of local government within such State for a grant 
under this section have been funded, such State, together with grantees 
within the State, shall be allocated in each fiscal year under this 
section not less than 0.75 percent of the total amount appropriated in 
the fiscal year for grants pursuant to this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for each of the 
fiscal years 2002, 2003, and 2004.

SEC. 403. GAO STUDY.

    Not later than 1 year after the date of enactment of this Act, the 
General Accounting Office shall conduct a study and report to the 
Committees of the Judiciary of the House of Representatives and the 
Senate on the prevalence and effects of the use of electroshock 
weapons, 4-point restraints, chemical restraints, restraint chairs, and 
solitary confinement against juvenile offenders in the Federal and 
State criminal and juvenile corrections systems.

SEC. 404. FAMILY UNITY DEMONSTRATION PROJECT.

    Section 31904(a) of the Family Unity Demonstration Project Act (42 
U.S.C. 13883(a)) is amended by striking paragraphs (1) through (5) and 
inserting the following:
            ``(1) $5,400,000 for fiscal year 2002; and
            ``(2) such sums as may be necessary for each of fiscal 
        years 2003 through 2006.''.

SEC. 405. NOTIFICATION AFTER ARREST.

    Section 5033 of title 18, United States Code, is amended--
            (1) in the first sentence--
                    (A) by striking ``arresting officer'' and inserting 
                ``arresting officer or another representative of the 
                Attorney General''; and
                    (B) by striking ``comprehensive to a juvenile'' and 
                inserting ``reasonably calculated to be comprehensible 
                to a juvenile''; and
            (2) in the second sentence, by striking ``arresting 
        officer'' and inserting ``arresting officer or another 
        representative of the Attorney General''.
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