[Congressional Record Volume 143, Number 57 (Tuesday, May 6, 1997)]
[Senate]
[Pages S4005-S4006]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL:
  S. 704. A bill to amend the Juvenile Justice and Delinquency 
Prevention Act of 1974 with respect to the separate detention and 
confinement of juveniles, and for other purposes; to the Committee on 
the Judiciary.


                   the juvenile jail improvement act

  Mr. KOHL. Mr. President, I rise today to introduce the Juvenile Jail 
Improvement Act of 1997.
  We face a growing and frightening tide of juvenile violence. And that 
tide is threatening to swamp our rural sheriffs. It is increasingly 
common for

[[Page S4006]]

rural sheriffs to face a terrible dilemma every time they arrest a 
juvenile--they either have to release a potentially violent juvenile on 
the street to await trial or they have to spend invaluable time and 
manpower chauffeuring the juvenile around their State to an appropriate 
detention facility. Either way, the current system makes little sense 
and needs to be changed.
  Let me explain how this dilemma works. In most rural communities, the 
only jail available is built exclusively for adults. There are no 
special juvenile facilities. But sometimes, the community can create a 
separate portion of the jail for juveniles. However, under current law, 
a juvenile picked up for criminal activity can only be held in a 
separate portion of an adult facility for up to 24 hours. After that, 
the juvenile must be transported--often across hundreds of miles--to a 
separate juvenile detention facility, often to be returned to the very 
same jail 2 or 3 days later for a court date. This system often leaves 
rural law enforcement criss-crossing the State with a single juvenile--
and results in massive expenses for law enforcement with little benefit 
for juveniles, who spend endless hours in a squad car. Such a process 
does not serve anyone's interests.
  And that is not all that rural sheriffs face. Even qualifying for the 
24-hour exception can be a nightmare. That's because juveniles can be 
kept in adult jails only under a very stringent set of rules. Keeping 
juveniles in an adult jail is known as collocation. It can only be done 
if there is strict sight and sound separation between the adults and 
the juveniles as well as completely separate staff. For many small 
communities, making these physical and staff changes to their jails is 
prohibitively expensive.
  So sheriffs faced with diverting officers to drive around the State 
in search of a detention facility may choose to let the juvenile go 
free while awaiting trial. This prospect should frighten anyone who is 
aware of the growing trend in juvenile violence.
  Today, I am introducing legislation that is designed to cure this 
problem. My legislative solution is simple, straightforward and 
effective. It extends from 24 to 72 hours the time during which rural 
law enforcement may collocate juvenile offenders in an adult facility, 
as long as juveniles remain separated from adults. It also relaxes the 
requirements for acceptable collocation. After taking a hard look at 
how collocation rules have worked--and in what ways they have failed--
this legislation comes to a reasonable compromise.
  Mr. President, one of our most important goals in assuring that any 
changes to these rules do not sacrifice the safety and welfare of 
arrested juveniles. In addition to the growing fear about juvenile 
violence, we have witnessed a growing anger and frustration at 
juveniles. This frustration should not lead us to forget the painful 
lessons we learned many years ago about abusive and dangerous treatment 
of delinquent children. Twenty years ago, we learned about kids who 
were thrown in jail where they were victimized and abused by adult 
prisoners; or where, without proper supervision, they committed 
suicide; or, where, guarded by people who only had experience with 
adult prisoners, they were disciplined savagely. When we give into the 
temptation to throw juveniles in jail and teach them a tough lesson, we 
are often ill rewarded. So even as we loosen these collocation 
requirements, we must bear in mind that the juvenile justice system 
still has its principle goal rehabilitation not harsh retribution.
  My conversations with administrators, sheriffs, and juvenile court 
judges have led me to conclude that we must bring greater flexibility--
and less red-tape--to the Juvenile Justice Act. It is my hope that this 
legislation--which offers greater flexibility while retaining important 
protections regarding the separation of juveniles from adults--will 
meet with strong support from the Senate. Thank you.
                                 ______