I 112th CONGRESS 1st Session H. R. 3171 IN THE HOUSE OF REPRESENTATIVES October 12, 2011 Mr. Murphy of Connecticut introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Juvenile Justice and Delinquency Prevention Act of 1974 with respect to juveniles who have committed offenses, and for other purposes.

1.

Short title

This Act may be cited as the Juvenile Justice Improvement Act of 2011.

2.

Definitions

Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended— (1)in paragraph (25) by striking the words means the degree of interaction allowed between juvenile offenders in a secure custody status and incarcerated adults under section 31303(d)(1)(i) of title 28, Code of Federal Regulations, as in effect on December 10, 1996. and inserting includes any sight or sound interaction between a youth under 18 in a secure custody status with an adult inmate., (2)by amending paragraph (26) to read as follows: (26)the term adult inmate means an individual who— (A)has reached the age of full criminal responsibility under applicable State law; and (B)has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a criminal charge offense; excluding individuals who are— (i)at the time of the offense, younger than the maximum age at which a youth can be held in a juvenile facility under applicable State law; and (ii)committed to the care and custody of a juvenile correctional facility by a court of competent jurisdiction or by operation of applicable State law. , (3)in paragraph (28) by striking ; and at the end, (4)in paragraph (29) by striking the period at the end and inserting a semicolon, and (5)by adding at the end the following: (30)the term restraint means a chemical or medical agent, physical force technique, or mechanical device that restricts the movement of juveniles held in the custody of State or local secure detention or corrections facilities and youth participating in court-ordered delinquency prevention and juvenile justice programs; (31)the term chemical agent means a spray used to temporarily incapacitate a person, such as oleoresin capsicum spray, tear gas, or 2-chlo­ro­benz­al­mal­ono­ni­trile gas (CS gas); (32)the term isolation means any instance when a youth is confined alone for more than 15 minutes in a locked or unlocked room and includes instances when a resident is confined for cause or punishment in a room or cell in which he or she usually sleeps, but does not include confinement in a large dormitory with other youth, protective isolation (for injured youths or youths whose safety is threatened), program separation, routine isolation at the time of the youth’s admission, or isolation that is requested by the youth or any medical room confinement; (33)the term room time means any instance in which a youth is confined alone for more than 15 minutes, and includes confinement alone at the time of the youth’s admission as well as protective isolation and program separation, administrative reasons, investigation purposes, low staffing and other reasons, but does not include time when a youth asks to go to his room or confinement for medical reasons; (34)the term evidence based means a program that is demonstrated with relative evidence, normed and validated for a diverse population, to be either— (A)exemplary, such that it is implemented with a high degree of fidelity and demonstrates robust empirical findings using a reputable conceptual framework and an experimental evaluation design of the highest quality (a random assignment control trial); or (B)effective, such that it is implemented with sufficient fidelity that it demonstrates adequate empirical findings using a sound conceptual framework and a quasi-experimental evaluation design of high quality (comparison group without random assignment control group); (35)the term promising means a program that demonstrates effectiveness using reasonable, limited findings, and that has underway a more appropriate evaluation that meets the criteria set forth in paragraph (33)(A) for determining evidence-based programs; and (36)the term dangerous practice means an act, procedure, or program that creates an unreasonable risk of physical injury, pain, or psychological harm to a juvenile subjected to the act, and it includes the use of chemical agents; choking; blows to the head; twisting body parts against joints or other techniques that rely on infliction of pain to secure compliance; restraint to fixed objects; restraint in any manner that creates risk of asphyxiation; use of belly belts or chains on pregnant girls; use of four-point or five-point restraints, straightjackets or restraint chairs, except for medical or mental health purposes specifically related to the safety of the youth, and under the direct supervision of medical or mental health personnel, use of psychotropic medication without adherence to professional standards regarding dosage, or for purposes of coercion, punishment, or convenience of staff; and use of physical force, chemical agents, or mechanical restraints for purposes of coercion, retaliation, punishment, or convenience of staff; and prolonged, forced physical exercise. .

3.

State plan

Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended— (1)in paragraph (8) by striking existing and inserting proven effective, (2)in paragraph (9)(L)(i) by striking restraints and inserting requirements, (3)in paragraph (27) by striking and at the end, (4)in paragraph (28) by striking the period at the end and inserting a semicolon, and (5)by adding at the end the following: (29)require that not later than 3 years after the date of enactment of this paragraph and except when under the circumstances outlined in paragraph (13), youth under the age of 18 awaiting trial or other legal process who are treated as adults for purposes of prosecution in criminal court and housed in a secure facility— (A)shall not have contact with adult inmates; and (B)shall not be held in jail or lockup for adults; (30)provide that the State will— (A)develop policies and procedures to eliminate the State-supported use of dangerous practices, unnecessary isolation, unnecessary room time, and unreasonable restraint with juveniles in the custody of State or local secure detention and correctional facilities and residential treatment centers and provide for data collection and reporting on the use of restraints, isolation, and room time in secure detention and correctional facilities; (B)increase the State’s efforts to operate facilities and programs that are safe for youth and staff, through effective behavior management systems that clearly communicate incentives and sanctions to increase appropriate behavior and decrease inappropriate behavior, and which are implemented through a continuum of responses that begin with verbal de-escalation and that only allow for use of the most punitive responses as a last resort; (C)increase the State’s efforts to provide training for facility staff on effective techniques for effective behavior management, de-escalation and crisis intervention, adolescent development, safe physical control techniques, developmental disabilities, mental health disorders, and cultural competence; (D)increase the State’s efforts to develop engaging, effective programming, and establish safe staffing levels in secure detention and correctional facilities; and (E)provide for a system of independent monitoring for all juvenile detention and correctional facilities in the State to identify and address dangerous practices, unnecessary uses of isolation and room time, and unreasonable restraint, as well as deficiencies in provision of education, medical care, mental health care, and other conditions of confinement; and (31)provide reasonable assurance the Federal funds made available under this part for any period will not be used for dangerous practices with juveniles in the custody of State or local secure detention and correctional facilities. .

4.

Promoting alternatives to incarceration

Section 222 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is amended by adding at the end the following: (e)

Incentive Grants

(1)

Incentive grants funds

The Administrator shall make grants totaling at least 5 percent of the funds appropriated for this part in each fiscal year as incentive grants to States. The Administrator shall make such incentive grants consistent with the provisions of subsection (a), and shall condition such grants upon— (A)the State’s support for evidence-based or promising programs, prioritizing programs that address the mental health treatment needs of juveniles; (B)the State’s support of reforms that reduce or eliminate the State-supported use of dangerous practices; (C)the State’s support for reforms that ensure that seclusion in secure detention or correctional facilities is limited to situations in which seclusion is the least restrictive measure sufficient to address a youth’s danger to self or others, used only for the amount of time necessary and is terminated when there is no longer an immediate danger to the youth or others, or imposed only after applicable due process; and (D)the demonstration by the State of an improvement of public safety and rehabilitation of delinquent and at-risk youths. (2)The State shall make the demonstration required by paragraph (1)(D) by using accurate and reliable data reported annually showing both— (A)a reduction in either recidivism or offenses by youths under age 18, using arrest data; and (B)either— (i)an increase in the use of least restrictive placement for juveniles as appropriate for community safety; (ii)an increase in the safety of youths in the delinquency or criminal justice system; or (iii)a decrease in racial and ethnic disparities in the delinquency system. .

5.

Removing the valid court order exception for status offenders

Section 223(a)(11) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(11)) is amended— (1)by striking shall, and (2)by amending subparagraph (A) to read as follows: (A)juveniles who are charged with or who have committed an offense that would not be criminal if committed by an adult, excluding juveniles who are charged with or who have committed a violation of section 922(x)(2) of title 18, United States Code, or of a similar State law, shall not be placed in secure detention facilities or secure correctional facilities; and .