[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3600-S3601]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6473. Mr. GRASSLEY (for himself and Mr. Durbin) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. JUVENILE JUSTICE AND DELINQUENCY PREVENTION
REAUTHORIZATION ACT OF 2026.
(a) Short Title.--This section may be cited as the
``Juvenile Justice Delinquency Prevention Reauthorization Act
of 2026''.
(b) Definitions.--Section 103(22) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is
amended by inserting ``, including any prison,'' after
``secure facility''.
(c) State Plans.--Section 223 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11133) is
amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) by striking the matter preceding subparagraph (A) and
inserting the following:
``(3) provide satisfactory evidence that the State agency
has established and maintained, or is working toward
establishing and maintaining, an advisory group that--''; and
(ii) in subparagraph (A)(iv), by striking ``at the time of
the initial appointment'';
(B) in paragraph (9)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``not less than 75 percent of'';
(II) by striking ``shall be used for'' and inserting
``shall be used in accordance with the plan''; and
(III) by striking ``promising programs--'' and inserting
``promising programs, which may include programs for--''
(ii) in subparagraph (F)--
(I) in the matter preceding clause (i), by striking
``expand the use of probation officers'' and inserting
``improve probation departments''; and
(II) in clause (i), by striking ``non-violent juvenile
offenders (including status offenders)'' and inserting
``youth'';
(iii) in subparagraph (M)--
(I) in clause (i), by inserting ``restorative practices,''
before ``expanded use of probation''; and
(II) in clause (ii), by inserting ``, including determining
the appropriateness of programs intended to divert youth from
the justice system at the earliest point possible'' before
the semicolon at the end;
(iv) in subparagraph (V), by striking ``and'' at the end;
and
(v) by adding at the end the following:
``(X) programs to address racial and ethnic disparities;
``(Y) programs and projects to collect data on the
socioeconomic status of youth in the juvenile justice system;
``(Z) programs intended to help divert youth from the
justice system before or after arrest; and
``(AA) programs in support of the initiatives described in
paragraphs (11) through (13) and (16);'';
(C) in paragraph (11)--
(i) in subparagraph (A)--
(I) in clause (i)(II), by striking ``paragraph (23)'' and
inserting ``paragraph (11)(B)''; and
(II) in clause (ii)(II)(bb), by striking ``and'' at the
end; and
(ii) by striking paragraph (11)(B) and inserting the
following:
``(B) require that, if a juvenile is taken into custody for
violating a valid court order issued for committing a status
offense--
``(i) an appropriate public agency shall be promptly
notified that the juvenile is held in custody for violating
the court order;
``(ii) not later than 24 hours after the juvenile begins to
be held, an authorized representative of the agency shall
interview, in person, the juvenile;
``(iii) not later than 48 hours after the juvenile begins
to be held--
``(I) the representative described in clause (ii) shall
submit an assessment to the court that issued the court order
relating to the immediate needs of the juvenile;
``(II) the court that issued the court order shall conduct
a hearing to determine--
``(aa) whether there is reasonable cause to believe that
the juvenile violated the court order; and
``(bb) the appropriate placement of the juvenile pending
disposition of the alleged violation; and
``(III) if the court that issued the court order determines
the juvenile should be placed in a secure detention facility
or correctional facility for violating the court order--
``(aa) the court shall issue a written order that--
``(AA) identifies the valid court order that has been
violated;
``(BB) specifies the factual basis for determining that
there is reasonable cause to believe that the juvenile has
violated the court order;
``(CC) includes findings of fact to support a determination
that there is no appropriate less restrictive alternative
available to placing the juvenile in the secure detention
facility, with due consideration to the best interest of the
juvenile;
``(DD) specifies the length of time, not to exceed 7 days,
that the juvenile may remain in a secure detention facility
or correctional facility, and includes a plan for the release
of the juvenile from the facility; and
``(EE) may not be renewed or extended; and
``(bb) the court may not issue a second or subsequent order
described in item (aa) relating to a juvenile unless the
juvenile violates a valid court order after the date on which
the court issues an order described in item (aa); and
``(iv) there are procedures in place to ensure that the
juvenile held in a secure detention facility or correctional
facility pursuant to a court order described in this
paragraph does not remain in custody longer than the shorter
of 7 days and the length of time authorized by the court; and
``(C) require that not later than September 30, 2028, the
State will eliminate the use of valid court orders to provide
secure confinement of juveniles who commit status offenses,
except that juveniles may be held in secure confinement in
accordance with the Interstate Compact for Juveniles if the
judge issues a written order that--
``(i) specifies the authority of the State to detain the
juvenile under the terms of the Interstate Compact for
Juveniles;
``(ii) includes findings of fact to support a determination
that there is no appropriate less restrictive alternative
available to placing the juvenile in such a facility, with
due consideration to the best interest of the juvenile;
``(iii) specifies the length of time a juvenile may remain
in secure confinement, not to exceed 15 days, and includes a
plan for the return of the juvenile to the home State of the
juvenile; and
``(iv) may not be renewed or extended;'';
(D) in paragraph (13)--
(i) in subparagraph (B)--
(I) in the matter preceding clause (i), by inserting ``for
adults'' after ``jail or lockup''; and
(II) in clause (ii)(III), by adding ``and'' at the end; and
(ii) by adding at the end the following:
``(C) juveniles awaiting trial or other legal process who
are treated as adults for purposes of prosecution in criminal
court and housed in a secure facility, unless a court finds,
after a hearing and in writing and in accordance with
paragraph (14), that it is in the interest of justice;'';
(E) by striking paragraph (23);
(F) by redesignating paragraphs (14) through (22) as
paragraphs (15) through (23), respectively;
(G) by inserting after paragraph (13) the following:
``(14) provide that--
``(A) a juvenile described in paragraph (13)(C)--
``(i) that is confined in any jail or lockup for adults
shall not have sight or sound contact with adult inmates; and
``(ii) except as provided in this paragraph, may not be
held in any jail or lockup for adults;
``(B) in determining under paragraph (13)(C) whether it is
in the interest of justice to permit a juvenile to be held in
any jail or lockup for adults, or have sight or sound contact
with adult inmates, a court shall consider--
``(i) the age of the juvenile;
``(ii) the physical and mental maturity of the juvenile;
``(iii) the present mental state of the juvenile, including
whether the juvenile presents an imminent risk of harm to the
juvenile;
``(iv) the nature and circumstances of the alleged offense;
``(v) the juvenile's history of prior delinquent acts;
``(vi) the relative ability of the available adult and
juvenile detention facilities to meet the specific needs of
the juvenile and protect the safety of the public and other
detained juveniles; and
``(vii) any other relevant factor; and
``(C) if a court determines under subparagraph (B) that it
is in the interest of justice to permit a juvenile to be held
in a jail or lockup for adults--
``(i) the court shall hold a hearing not less frequently
than once every 30 days, or in the case of a rural
jurisdiction, not less frequently than once every 45 days, to
review whether it is still in the interest of justice to
permit the juvenile to be so held or have such sight or sound
contact; and
``(ii) the juvenile shall not be held in any jail or lockup
for adults, or be permitted to have sight or sound contact
with adult inmates, for more than 180 days, unless the court,
in writing, determines there is good cause for an extension
or the juvenile expressly waives this limitation;'';
(H) in paragraph (15), as so redesignated--
(i) by striking ``jails, lock-ups, detention facilities,
and correctional facilities'' and inserting ``jails and
lockups for adults, secure detention facilities, and secure
correctional facilities'';
(ii) by striking ``, except that such reporting
requirements'' and all that follows; and
(iii) by adding a semicolon at the end;
[[Page S3601]]
(I) in paragraph (16), as so redesignated, in the matter
preceding subparagraph (A), by inserting ``that are
culturally and linguistically competent'' before ``at the
State, territorial, local, and tribal levels'';
(J) in paragraph (17), as so redesignated, by striking
``gender, race, ethnicity, family income, and disability''
and inserting ``gender, race, ethnicity, religion, family
income, disability, national origin, and sexual
orientation'';
(K) by striking paragraph (24);
(L) by redesignating paragraphs (25) through (33) as
paragraphs (24) through (32), respectively;
(M) in paragraph (28), as so redesignated--
(i) by inserting ``ongoing supervision,'' before ``and
training in effect''; and
(ii) by striking ``management techniques'' and inserting
``management techniques and trauma-informed approaches to
investigating allegations of sexual and physical abuse''; and
(N) in paragraph (32)(A), as so redesignated, by striking
``upon intake'' and inserting ``upon intake and at quarterly
intervals or as necessary''; and
(2) in subsection (d)--
(A) by striking ``In the event that any State'' and
inserting the following:
``(1) In general.--In the event that any State'';
(B) in paragraph (1), as so designated, by striking ``802,
803, and 804 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968'' and inserting ``802 and 803 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10222, 10223)''; and
(C) by adding at the end the following:
``(2) Local public and private nonprofit agencies.--Local
public and private nonprofit agencies within a State shall be
eligible to receive funds under paragraph (1)--
``(A) only upon a showing by the State agency designated
under subsection (a)(1) of exigent circumstances; and
``(B) in no case for more than 2 consecutive years.''.
(d) Conforming Amendments.--
(1) Definitions.--Section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is
amended--
(A) in paragraph (30), by striking ``and (15)'' and
inserting ``and (16)''; and
(B) in paragraph (39), by striking ``(a)(15)'' and
inserting ``(a)(16)''.
(2) Concentration of federal efforts.--Section 204(b)(7) of
the Juvenile Justice and Delinquency Prevention Act of 1974
(34 U.S.C. 11114(b)(7)) is amended by striking ``(a)(14)''
and inserting ``(a)(15)''.
(e) Authorization of Appropriations.--Section 601 of the
Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11321) is amended by striking ``fiscal years 2019
through 2023'' and inserting ``fiscal years 2026 through
2030''.
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