I

104TH CONGRESS

2D SESSION H. R. 3565

To amend title 18, United States Code, with respect to juvenile offenders,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 4, 1996

Mr. MCCOLLUM (for himself, Mr. HYDE, Mr. CUNNINGHAM, Mr. COBLE, Mr.

BUYER, Mr. HEINEMAN, and Mr. BRYANT of Tennessee) introduced the

following bill; which was referred to the Committee on the Judiciary, and

in addition to the Committee on Economic and Educational Opportunities, for a period to be subsequently determined by the Speaker, in each

case for consideration of such provisions as fall within the jurisdiction of

the committee concerned

A BILL

To amend title 18, United States Code, with respect to

juvenile offenders, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Violent Youth Predator

5 Act of 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:
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1 (1) Today, no population poses a larger threat

2 to public safety than young adult criminals.

3 (2) While overall crime rates have decreased

4 modestly between 1992 and 1995, this general de5 cline masks an unprecedented surge of youth vio6 lence that has only begun to gather momentum.

7 Homicides by youths under 17 years of age tripled

8 between 1984 and 1994.

9 (3) Teenagers account for the largest portion of

10 all violent crime in the United States. Offenders

under the age of 21 commit more than 1 11 ⁄4 of all vio12 lent crime.

13 (4) The number of juveniles arrested for weap14 ons offenses has more than doubled in the last 10

years. Almost 1 15 ⁄4 of those arrested for weapons of16 fenses in 1993 were under the age of 18.

17 (5) The dramatic increase in youth crime over

18 the past decade occurred while the youth population

19 was declining. In contrast, this nation will soon have

20 more teenagers than it has had in decades. Today’s

21 enormous cohort of children under 10 years of age

22 will be tomorrow’s teenagers. By the year 2010, the

23 number of juveniles is expected to increase 30 per24 cent.
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1 (6) Youth drug use is taking a sharp turn for

2 the worse; marijuana use by teenagers has nearly

3 doubled in the last 4 years.

4 (7) If national trends continue as they have

5 over the past 10 years, juvenile arrests for violent

6 crime will more than double by the year 2010. The

7 number of juveniles arrested for murder are ex8 pected to increase 145 percent over the 1992 level;

9 forcible rape arrests to increase by 66 percent; and

10 aggravated assault arrests by 129 percent.

11 (8) The challenges faced by law enforcement

12 will be unparalleled as the United States enters the

13 next century. The criminal justice system is simply

14 not prepared to face tomorrow’s wave of violent

15 young people. Revolving door justice and the failure

16 to hold criminals accountable for their crimes contin17 ues to plague the justice system, and particularly the

18 juvenile justice system.

19 (9) Only by taking decisive action now can

20 America prevent this wave of young people from

21 committing unprecedented numbers of violent crime.
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1 TITLE I—FEDERAL PROSECU2 TION OF SERIOUS VIOLENT

3 JUVENILES

4 SEC. 101. DELINQUENCY PROCEEDINGS OR CRIMINAL

5 PROSECUTIONS IN DISTRICT COURTS.

6 Section 5032 of title 18, United States Code, is

7 amended to read as follows:

8 ‘‘§ 5032. Delinquency proceedings or criminal pros9 ecutions in district courts

10 ‘‘(a)(1) A juvenile alleged to have committed an of11 fense against the United States or an act of juvenile delin12 quency may be surrendered to State authorities, but if not

13 so surrendered, shall be proceeded against as a juvenile

14 under this subsection or tried as an adult in the cir15 cumstances described in subsections (b) and (c).

16 ‘‘(2) A juvenile may be proceeded against as a juve17 nile in a court of the United States under this subsection

18 if the Attorney General, after investigation, certifies to the

19 appropriate United States district court that—

20 ‘‘(A) the juvenile court or other appropriate

21 court of a State does not have jurisdiction or de22 clines to assume jurisdiction over the juvenile with

23 respect to the alleged act of juvenile delinquency,

24 and
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1 ‘‘(B) there is a substantial Federal interest in

2 the case or the offense to warrant the exercise of

3 Federal jurisdiction.

4 ‘‘(3) If the Attorney General does not so certify and

5 does not have authority to try such juvenile as an adult,

6 such juvenile shall be surrendered to the appropriate legal

7 authorities of such State.

8 ‘‘(4) If a juvenile alleged to have committed an act

9 of juvenile delinquency is proceeded against as a juvenile

10 under this section, any proceedings against the juvenile

11 shall be in an appropriate district court of the United

12 States. For such purposes, the court may be convened at

13 any time and place within the district, in chambers or oth14 erwise. The Attorney General shall proceed by information

15 or as authorized by section 3401(g) of this title, and no

16 criminal prosecution shall be instituted except as provided

17 in this chapter.

18 ‘‘(b) A juvenile shall be prosecuted as an adult—

19 ‘‘(1) if the juvenile has requested in writing

20 upon advice of counsel to be prosecuted as an adult;

21 or

22 ‘‘(2) if the juvenile is alleged to have committed

23 an act after the juvenile attains the age of 14 years

24 which if committed by an adult would be a serious

25 crime of violence or an offense described in section
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1 408 of the Controlled Substances Act (21 U.S.C.

2 848) or a conspiracy or attempt to commit that of3 fense which is punishable under section 406 of the

4 Controlled Substances Act (21 U.S.C. 846).

5 ‘‘(c)(1) A juvenile may also be prosecuted as an adult

6 if the juvenile is alleged to have committed an act after

7 the juvenile has attained the age of 13 years which if com8 mitted by an adult would be a felony under Federal law,

9 upon approval of the Attorney General or the Attorney

10 General’s designee.

11 ‘‘(2) Any such designee shall be at a level not lower

12 than a Deputy Assistant Attorney General.

13 ‘‘(3) Such approval shall not be granted, with respect

14 to such a juvenile who is subject to the criminal jurisdic15 tion of an Indian tribal government and who is alleged

16 to have committed an act over which, if committed by an

17 adult, there would be Federal jurisdiction based solely on

18 its commission in Indian country (as defined in section

19 1151), unless the governing body of the tribe having juris20 diction over the place in which the alleged act was commit21 ted has before such act notified the Attorney General in

22 writing of its election that prosecution may take place

23 under this subsection.
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1 ‘‘(d) A determination to approve or not to approve,

2 or to institute or not to institute, a prosecution under sub3 section (b) or (c) shall not be reviewable in any court.

4 ‘‘(e) In a prosecution under subsection (b) or (c),

5 other than one described in subsection (b)(2), the juvenile

6 may be prosecuted and convicted as an adult for any other

7 offense which is properly joined under the Federal Rules

8 of Criminal Procedure, and may also be convicted of a

9 lesser included offense.

10 ‘‘(f) As used in this section—

11 ‘‘(1) the term ‘State’ includes a State of the

12 United States, the District of Columbia, any com13 monwealth, territory, or possession of the United

14 States and, with regard to an act of juvenile delin15 quency that would have been a misdemeanor if com16 mitted by an adult, a federally recognized tribe; and

17 ‘‘(2) the term ‘serious violent crime’ means a

18 Federal offense described in section

19 3559(c)(2)(F)(i).’’.

20 SEC. 102. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI21 CIAL OFFICER.

22 Section 5033 of title 18, United States Code, is

23 amended to read as follows:
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1 ‘‘§ 5033. Custody prior to appearance before judicial

2 officer

3 ‘‘(a) Whenever a juvenile is taken into custody, the

4 arresting officer shall immediately advise such juvenile of

5 the juvenile’s rights, in language comprehensible to a juve6 nile. The arresting officer shall promptly take reasonable

7 steps to notify the juvenile’s parents, guardian, or custo8 dian of such custody, of the rights of the juvenile, and

9 of the nature of the alleged offense.

10 ‘‘(b) The juvenile shall be taken before a judicial offi11 cer without unreasonable delay.’’.

12 SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS TO

13 SECTION 5034.

14 Section 5034 of title 18, United States Code, is

15 amended—

16 (1) by striking ‘‘The’’ each place it appears at

17 the beginning of a paragraph and inserting ‘‘the’’;

18 (2) by striking ‘‘If’’ at the beginning of the 3rd

19 paragraph and inserting ‘‘if’’;

20 (3) by designating the 3 paragraphs as para21 graphs (1), (2), and (3), respectively; and

22 (4) by inserting at the beginning of such section

23 before those paragraphs the following: ‘‘In a pro24 ceeding under section 5032(a)—’’.
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1 SEC. 104. DETENTION PRIOR TO DISPOSITION OR SENTENC2 ING.

3 Section 5035 of title 18, United States Code, is

4 amended to read as follows:

5 ‘‘§ 5035. Detention prior to disposition or sentencing

6 ‘‘(a)(1) A juvenile prosecuted pursuant to subsection

7 (b) of section 5032, or a juvenile 15 years of age or older

8 prosecuted pursuant to subsection (c) of such section, if

9 detained at any time prior to sentencing, shall be detained

10 in such suitable place as the Attorney General may des11 ignate. Preference shall be given to a place located within,

12 or within a reasonable distance of, the district in which

13 the juvenile is being prosecuted.

14 ‘‘(2) A juvenile less than 15 years of age prosecuted

15 pursuant to subsection (c) of section 5032, if detained at

16 any time prior to sentencing, shall be detained in a suit17 able juvenile facility located within, or within a reasonable

18 distance of, the district in which the juvenile is being pros19 ecuted. If such a facility is not available, such a juvenile

20 may be detained in any other suitable facility located with21 in, or within a reasonable distance of, such district. If no

22 such facility is available, such a juvenile may be detained

23 in any other suitable place as the Attorney General may

24 designate.

25 ‘‘(3) To the maximum extent feasible, a juvenile less

26 than 15 years of age prosecuted pursuant to subsection
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1 (c) of section 5032 shall not be detained prior to sentenc2 ing in any facility in which the juvenile has regular contact

3 with adult persons convicted of a crime or awaiting trial

4 on criminal charges.

5 ‘‘(b) A juvenile proceeded against under section

6 5032(a) shall not be detained prior to disposition in any

7 facility in which the juvenile has regular contact with adult

8 persons convicted of a crime or awaiting trial on criminal

9 charges.

10 ‘‘(c) Every juvenile who is detained prior to disposi11 tion or sentencing shall be provided with reasonable safety

12 and security and with adequate food, heat, light, sanitary

13 facilities, bedding, clothing, recreation, education, and

14 medical care, including necessary psychiatric, psycho15 logical, or other care and treatment.’’.

16 SEC. 105. SPEEDY TRIAL.

17 Section 5036 of title 18, United States Code, is

18 amended by—

19 (1) striking ‘‘If an alleged delinquent’’ and in20 serting ‘‘If a juvenile proceeded against under sec21 tion 5032(a)’’;

22 (2) striking ‘‘thirty’’ and inserting ‘‘45’’; and

23 (3) striking ‘‘the court,’’ and all that follows

24 through the end of the section and inserting ‘‘the
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1 court. The periods of exclusion under section

2 3161(h) of this title shall apply to this section.’’.

3 SEC. 106. DISPOSITION; AVAILABILITY OF INCREASED DE4 TENTION, FINES AND SUPERVISED RELEASE

5 FOR JUVENILE OFFENDERS.

6 (a) DISPOSITION.—Section 5037 of title 18, United

7 States Code, is amended to read as follows:

8 ‘‘§ 5037. Disposition

9 ‘‘(a) In a proceeding under section 5032(a), if the

10 court finds a juvenile to be a juvenile delinquent, the court

11 shall hold a hearing concerning the appropriate disposition

12 of the juvenile no later than 40 court days after the find13 ing of juvenile delinquency, unless the court has ordered

14 further study pursuant to subsection (e). A predisposition

15 report shall be prepared by the probation officer who shall

16 promptly provide a copy to the juvenile, the juvenile’s

17 counsel, and the attorney for the Government. Victim im18 pact information shall be included in the report, and vic19 tims, or in appropriate cases their official representatives,

20 shall be provided the opportunity to make a statement to

21 the court in person or present any information in relation

22 to the disposition. After the dispositional hearing, and

23 after considering possible sanctions established pursuant

24 to subsection (f), the court shall impose an appropriate

25 sanction, including the ordering of restitution pursuant to
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1 section 3556 of this title. With respect to release or deten2 tion pending an appeal or a petition for a writ of certiorari

3 after disposition, the court shall proceed pursuant to the

4 provisions of chapter 207.

5 ‘‘(b) The term for which probation may be ordered

6 for a juvenile found to be a juvenile delinquent may not

7 extend beyond the maximum term that would be author8 ized by section 3561(c) if the juvenile had been tried and

9 convicted as an adult. Sections 3563, 3564, and 3565 are

10 applicable to an order placing a juvenile on probation.

11 ‘‘(c) The term for which official detention may be or12 dered for a juvenile found to be a juvenile delinquent may

13 not extend beyond the lesser of—

14 ‘‘(1) the maximum term of imprisonment that

15 would be authorized if the juvenile had been tried

16 and convicted as an adult;

17 ‘‘(2) ten years; or

18 ‘‘(3) the date when the juvenile becomes twen19 ty-six years old.

20 Section 3624 is applicable to an order placing a juvenile

21 in detention.

22 ‘‘(d) The term for which supervised release may be

23 ordered for a juvenile found to be a juvenile delinquent

24 may not extend beyond 5 years. Subsections (c) through
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1 (i) of sections 3583 apply to an order placing a juvenile

2 on supervised release.

3 ‘‘(e) If the court desires more detailed information

4 concerning a juvenile alleged to have committed an act of

5 juvenile delinquency or a juvenile adjudicated delinquent,

6 it may commit the juvenile, after notice and hearing at

7 which the juvenile is represented by counsel, to the custody

8 of the Attorney General for observation and study by an

9 appropriate agency or entity. Such observation and study

10 shall be conducted on an outpatient basis, unless the court

11 determines that inpatient observation and study are nec12 essary to obtain the desired information. In the case of

13 an alleged juvenile delinquent, inpatient study may be or14 dered only with the consent of the juvenile and the juve15 nile’s attorney. The agency or entity shall make a study

16 of all matters relevant to the alleged or adjudicated delin17 quent behavior and the court’s inquiry. The Attorney Gen18 eral shall submit to the court and the attorneys for the

19 juvenile and the Government the results of the study with20 in 30 days after the commitment of the juvenile, unless

21 the court grants additional time. Time spent in custody

22 under this subsection shall be excluded for purposes of sec23 tion 5036.

24 ‘‘(f) The Attorney General shall develop a list of pos25 sible sanctions for juveniles adjudicated delinquent. Such
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1 list shall be comprehensive in nature and encompass pun2 ishments of varying levels of severity.’’.

3 (b) EFFECTIVE DATE.—The Attorney General shall

4 develop the list required pursuant to section 5037(f), as

5 amended by subsection (a), not later than 180 days after

6 the date of the enactment of this Act.

7 SEC. 107. JUVENILE RECORDS AND FINGERPRINTING.

8 Section 5038 of title 18, United States Code, is

9 amended to read as follows:

10 ‘‘§ 5038. Juvenile records and fingerprinting

11 ‘‘(a)(1) Throughout and upon the completion of the

12 juvenile deliquency proceeding under section 5032(a), the

13 court shall keep a record relating to the arrest and adju14 dication that is—

15 ‘‘(A) equivalent to the record that would be

16 kept of an adult arrest and conviction for such an

17 offense; and

18 ‘‘(B) retained for a period of time that is equal

19 to the period of time records are kept for adult con20 victions.

21 ‘‘(2) Such records shall be made available for official

22 purposes, including communications with any victim or

23 school officials, and to the public to the same extent as

24 court records regarding the criminal prosecutions of adults

25 are available.
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1 ‘‘(b) The Attorney General shall establish guidelines

2 for fingerprinting and photographing a juvenile who is the

3 subject of any proceeding authorized under this chapter.

4 Such guidelines shall address the availability of pictures

5 of any juvenile taken into custody but not prosecuted as

6 an adult. Fingerprints and photographs of a juvenile who

7 is prosecuted as an adult shall be made available in the

8 manner applicable to adult offenders.

9 ‘‘(c) Whenever a juvenile has been adjudicated delin10 quent, the court shall transmit to the Federal Bureau of

11 Investigation, Identification Division, the information con12 cerning the adjudications, including name, date of adju13 dication, court, offenses, and sentence, along with the no14 tation that the matters were juvenile adjudications.

15 ‘‘(d) In addition to any other authorization under this

16 section for the reporting, retention, disclosure, or avail17 ability of records or information, if the law of the State

18 in which a Federal juvenile delinquency proceeding takes

19 place permits or requires the reporting, retention, disclo20 sure, or availability of records or information relating to

21 a juvenile or to a juvenile delinquency proceeding or adju22 dication in certain circumstances, then such reporting, re23 tention, disclosure, or availability is permitted under this

24 section whenever the same circumstances exist.’’.
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1 SEC. 108. RESTRICTION ON COMMITMENT.

2 Section 5039 of title 18, United States Code, is

3 amended to read as follows:

4 ‘‘§ 5039. Commitment

5 ‘‘(a) The Attorney General shall not cause any juve6 nile less than 19 years of age adjudicated delinquent under

7 section 5032(a) to be placed or retained in an adult jail

8 or correctional facility in which the juvenile has regular

9 contact with adults incarcerated because they have been

10 convicted of a crime or are awaiting trial on criminal

11 charges, except for placement in a community-based facil12 ity.

13 ‘‘(b) Every juvenile adjudicated delinquent who has

14 been committed shall be provided with reasonable safety

15 and security and with adequate food, heat, light, sanitary

16 facilities, bedding, clothing, recreation, counseling, edu17 cation, training, and medical care including necessary psy18 chiatric, psychological, or other care and treatment.’’.

19 SEC. 109. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND

20 5034.

21 (a) SECTION 5031.—Sections 5031 and 5034 of title

22 18, United States Code, are each amended by striking

23 ‘‘his’’ each place it appears and inserting ‘‘the juvenile’s’’.

24 (b) SECTION 5034.—Section 5034 of title 18, United

25 States Code, is amended—
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1 (1) in the heading of such section, by striking

2 ‘‘magistrate’’ and inserting ‘‘judicial officer’’; and

3 (2) by striking ‘‘magistrate’’ each place it ap4 pears and inserting ‘‘judicial officer’’.

5 SEC. 110. SERIOUS JUVENILE DELINQUENCY DRUG TRAF6 FICKING ADJUDICATIONS AS ARMED CAREER

7 CRIMINAL ACT PREDICATES.

8 Section 924(e)(2)(A) of title 18, United States Code,

9 is amended—

10 (1) by striking ‘‘or’’ at the end of clause (i);

11 (2) by inserting ‘‘or’’ at the end of clause (ii);

12 and

13 (3) by adding at the end the following:

14 ‘‘(iii) any act of juvenile delinquency

15 that if committed by an adult would be a

16 serious drug offense described in this para17 graph;’’.

18 SEC. 111. CLERICAL AMENDMENTS TO TABLE OF SECTIONS

19 FOR CHAPTER.

20 The table of sections at the beginning of chapter 403

21 of title 18, United States Code, is amended to read as

22 follows:

23 ‘‘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.
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‘‘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.’’.

1 TITLE II—MANDATORY MINI2 MUM SENTENCES FOR ARMED

3 VIOLENT PREDATORS

4 SEC. 201. MANDATORY PRISON TERMS FOR POSSESSING,

5 BRANDISHING, OR DISCHARGING A FIREARM

6 OR DESTRUCTIVE DEVICE DURING A FED7 ERAL CRIME THAT IS A CRIME OF VIOLENCE

8 OR A DRUG TRAFFICKING CRIME.

9 Section 924(c) of title 18, United States Code, is

10 amended—

11 (1) by redesignating paragraphs (2) and (3) as

12 paragraphs (4) and (5), respectively; and

13 (2) by striking paragraph (1) and inserting the

14 following:

15 ‘‘(1) A person who, during and in relation to any

16 crime of violence or drug trafficking crime (including a

17 crime of violence or drug trafficking crime which provides

18 for an enhanced punishment if committed by the use of

19 a deadly or dangerous weapon or device) for which the

20 person may be prosecuted in a court of the United

21 States—
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1 ‘‘(A) possesses a firearm, shall, in addition to

2 the sentence imposed for the crime of violence or

3 drug trafficking crime, be sentenced to imprison4 ment for 5 years;

5 ‘‘(B) brandishes a firearm, shall, in addition to

6 the sentence imposed for the crime of violence or

7 drug trafficking crime, be sentenced to imprison8 ment for 10 years; or

9 ‘‘(C) discharges a firearm with the intent to in10 jure another person, shall, in addition to the sen11 tence imposed for the crime of violence or drug traf12 ficking crime, be sentenced to imprisonment for 20

13 years;

14 except that if the firearm is a short-barreled rifle or short15 barreled shotgun, or is equipped with a large capacity am16 munition feeding device, such additional sentence shall be

17 imprisonment for 10 years more than the term of impris18 onment that would otherwise be imposed under this para19 graph, and if the firearm is a machinegun or destructive

20 device or is equipped with a firearm silencer or firearm

21 muffler, such additional sentence shall be imprisonment

22 for 30 years.

23 ‘‘(2) In the case of the second or subsequent convic24 tion of a person under this subsection—
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1 ‘‘(A) if the person possessed a firearm during

2 and in relation to such second or subsequent crime

3 of violence or drug trafficking crime, the person

4 shall, in addition to the sentence imposed for such

5 second or subsequent offense, be sentenced to im6 prisonment for not less than 20 years;

7 ‘‘(B) if the person brandished a firearm during

8 and in relation to such second or subsequent crime

9 of violence or drug trafficking crime, the person

10 shall, in addition to the sentence imposed for such

11 second or subsequent offense, be sentenced to im12 prisonment for not less than 25 years; or

13 ‘‘(C) if the person discharged a firearm with

14 the intent to injure another person during and in re15 lation to such second or subsequent crime of violence

16 or drug trafficking crime, the person shall, in addi17 tion to the sentence imposed for such second or sub18 sequent offense, be sentenced to imprisonment for

19 not less than 30 years;

20 except that if the firearm is a machinegun or destructive

21 device or is equipped with a firearm silencer or firearm

22 muffler, the person shall, in addition to the sentence im23 posed for such second or subsequent offense, be sentenced

24 to life imprisonment.
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1 ‘‘(3)(A) Notwithstanding any other provision of law,

2 the court shall not impose a probationary sentence on any

3 person convicted of a violation of this subsection, nor shall

4 a term of imprisonment imposed under this subsection run

5 concurrently with any other term of imprisonment includ6 ing that imposed for the crime of violence or drug traffick7 ing crime in which the firearm was used.

8 ‘‘(B) No person sentenced under this subsection shall

9 be released for any reason whatsoever during a term of

10 imprisonment imposed under this subsection.’’.

11 TITLE III—ARMED VIOLENT

12 YOUTH PREDATOR APPRE13 HENSION DIRECTIVE

14 SEC. 301. ARMED VIOLENT YOUTH PREDATOR APPREHEN15 SION DIRECTIVE.

16 (a) IN GENERAL.—Not later than 180 days after the

17 date of the enactment of this Act, the Attorney General

18 of the United States shall establish an armed violent youth

19 predator apprehension program consistent with the follow20 ing requirements:

21 (1) Each United States attorney shall designate

22 at least 1 assistant United States attorney to pros23 ecute armed violent youth predators.

24 (2) Each United States attorney shall establish

25 an armed youth predator criminal apprehension task
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1 force comprised of appropriate law enforcement rep2 resentatives. The task force shall develop strategies

3 for removing armed violent youth predators from the

4 streets, taking into consideration—

5 (A) the importance of severe punishment

6 in deterring armed violent youth crime;

7 (B) the effectiveness of Federal and State

8 laws pertaining to apprehension and prosecu9 tion of armed violent youth predators;

10 (C) the resources available to each law en11 forcement agency participating in the task

12 force;

13 (D) the nature and extent of the violent

14 youth crime occurring in the district for which

15 the United States attorney is appointed; and

16 (E) the principle of limited Federal in17 volvement in the prosecution of crimes tradi18 tionally prosecuted in State and local jurisdic19 tions.

20 (3) Not less frequently than monthly, the Attor21 ney General shall require each United States attor22 ney to report to the Department of Justice the num23 ber of youths charged with, or convicted of, violating

24 section 922(g) or 924 of title 18, United States
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1 Code, in the district for which the United States at2 torney is appointed.

3 (4) Not less frequently than twice annually, the

4 Attorney General shall submit to the Congress a

5 compilation of the information received by the De6 partment of Justice pursuant to paragraph (3) and

7 a report on all waivers granted under subsection (b).

8 (b) WAIVER AUTHORITY.—

9 (1) REQUEST FOR WAIVER.—A United States

10 attorney may request the Attorney General to waive

11 the requirements of subsection (a) with respect to

12 the United States attorney.

13 (2) PROVISION OF WAIVER.—The Attorney

14 General may waive the requirements of subsection

15 (a) pursuant to a request made under paragraph

16 (1), in accordance with guidelines which shall be es17 tablished by the Attorney General. In establishing

18 the guidelines, the Attorney General shall take into

19 consideration the number of assistant United States

20 attorneys in the office of the United States attorney

21 making the request and the level of violent youth

22 crime committed in the district for which the United

23 States attorney is appointed.

24 (c) ARMED VIOLENT YOUTH PREDATOR DEFINED.—

25 As used in this section, the term ‘‘armed violent youth
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1 predator’’ means a person who has not attained 18 years

2 of age and is accused of violating—

3 (1) section 922(g)(1) of title 18, United States

4 Code, having been previously convicted of—

5 (A) a violent crime; or

6 (B) conduct that would have been a violent

7 crime had the person been an adult; or

8 (2) section 924 of such title.

9 (d) SUNSET.—This section shall have no force or ef10 fect after the 5-year period that begins 180 days after the

11 date of the enactment of this Act.

12 TITLE IV—BLOCK GRANTS AND

13 INCENTIVE GRANTS FOR AC14 COUNTABILITY-BASED RE15 FORMS

16 SEC. 401. FINDINGS AND PURPOSE.

17 (a) FINDINGS.—Section 101 of the Juvenile Justice

18 and Delinquency Prevention Act of 1974 (42 U.S.C. 5601)

19 is amended—

20 (1) by striking subsection (a), and

21 (2) in subsection (b)—

22 (A) by striking ‘‘(b)’’, and

23 (B) by striking ‘‘Federal Government’’ and

24 inserting ‘‘Federal, State, and local govern25 ments’’.
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1 (b) PURPOSE.—Section 102 of the Juvenile Justice

2 and Delinquency Prevention Act of 1974 (42 U.S.C. 5602)

3 is amended to read as follows:

4 ‘‘SEC. 102. PURPOSES.

5 ‘‘The purposes of this title and title II are—

6 ‘‘(1) to assist State and local governments in

7 promoting public safety by supporting juvenile delin8 quency prevention and control activities;

9 ‘‘(2) to encourage and promote programs de10 signed to keep in school juvenile delinquents expelled

11 or suspended for disciplinary reasons;

12 ‘‘(3) to assist State and local governments in

13 promoting public safety by encouraging accountabil14 ity through the imposition of meaningful sanctions

15 for acts of juvenile delinquency;

16 ‘‘(4) to assist State and local governments in

17 promoting public safety by improving the extent, ac18 curacy, availability and usefulness of juvenile court

19 and law enforcement records and the openness of

20 the juvenile justice system;

21 ‘‘(5) to assist State and local governments in

22 promoting public safety by encouraging the identi23 fication of violent and hard-core juveniles and trans24 ferring such juveniles out of the jurisdiction of the
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1 juvenile justice system and into the jurisdiction of

2 adult criminal court;

3 ‘‘(6) to assist State and local governments in

4 promoting public safety by providing resources to

5 States to build or expand juvenile detention facili6 ties;

7 ‘‘(7) to provide for the evaluation of federally

8 assisted juvenile crime control programs, and train9 ing necessary for the establishment and operation of

10 such programs; and

11 ‘‘(8) to ensure the dissemination of information

12 regarding juvenile crime control programs by provid13 ing a national clearinghouse.’’.

14 SEC. 402. DEFINITIONS.

15 Section 103 of the Juvenile Justice and Delinquency

16 Prevention Act of 1974 (42 U.S.C. 5603) is amended—

17 (1) in paragraph (22)(iii) by striking ‘‘and’’ at

18 the end;

19 (2) in paragraph (23) by striking the period at

20 the end and inserting a semicolon,

21 (3) by adding at the end the following:

22 ‘‘(24) the term ‘serious violent crime’ means—

23 ‘‘(A) murder or nonnegligent man24 slaughter, forcible rape, or robbery, or
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1 ‘‘(B) aggravated assault committed with

2 the use of a firearm; and

3 ‘‘(25) the term ‘serious habitual offender’

4 means a juvenile who meets one or more of the fol5 lowing criteria:

6 ‘‘(A) Arrest for a capital, life, or first de7 gree aggravated sexual offense.

8 ‘‘(B) Not less than 5 arrests, with 3 ar9 rests chargeable as felonies and at least 3 ar10 rests occurring within the preceding 12 months.

11 ‘‘(C) Not less than 10 arrests, with 2 ar12 rests chargeable as felonies and at least 3 ar13 rests occurring within the preceding 12 months.

14 ‘‘(D) At least 1 arrest for conduct involv15 ing 3 or more burglaries, robberies, or sexual

16 assaults within the preceding 12 months.

17 ‘‘(E) Not less than 10 arrests, with 8 or

18 more arrests for misdemeanor crimes involving

19 theft, assault, battery, narcotics, controlled sub20 stance abuse, or possession of weapons, and at

21 least 3 arrests occurring within the preceding

22 12 months.’’.
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1 SEC. 403. NAME OF OFFICE.

2 Title II of the Juvenile Justice and Delinquency Pre3 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amend4 ed—

5 (1) by amending the heading of part A to read

6 as follows:

7 ‘‘Part A—Office of Juvenile Crime Control’’;

8 (2) in section 201(a) by striking ‘‘Justice and

9 Delinquency Prevention’’ and inserting ‘‘Crime Con10 trol’’;

11 (3) in section 206—

12 (A) in the heading by striking ‘‘JUSTICE

13 AND DELINQUENCY PREVENTION’’ and inserting

14 ‘‘CRIME CONTROL’’; and

15 (B) in subsections (a)(1), (b), and (c)(1)

16 by striking ‘‘Justice and Delinquency Preven17 tion’’ each place it appears and inserting

18 ‘‘Crime Control’’;

19 (4) by amending the heading of part B to read

20 as follows:

21 ‘‘Part B—Block Grants for State and Local Programs’’;

22 (5) in subsections section 299A(c)(2) by strik23 ing ‘‘Justice and Delinquency Prevention’’ and in24 serting ‘‘Crime Control’’;
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1 (6) in section 385(c) by striking ‘‘Justice and

2 Delinquency Prevention’’ and inserting ‘‘Crime Con3 trol’’; and

4 (7) in section 403(2) by striking ‘‘Justice and

5 Delinquency Prevention’’ and inserting ‘‘Crime Con6 trol’’.

7 SEC. 404. AUTHORITY TO MAKE GRANTS AND CONTRACTS.

8 Section 221 of the Juvenile Justice and Delinquency

9 Prevention Act of 1974 (42 U.S.C. 5631) is amended—

10 (1) in subsection (a) by inserting before the pe11 riod at the end the following:

12 ‘‘, including initiatives for holding juveniles accountable

13 for any act for which they are adjudicated delinquent, in14 creasing public awareness of juvenile proceedings, and im15 proving the content, accuracy, availability, and usefulness

16 of juvenile court and law enforcement records (including

17 fingerprints and photographs)’’,

18 (2) in subsection (b)—

19 (A) by amending paragraph (1) to read as

20 follows:

21 ‘‘(1) Of the funds made available to carry out this

22 part in a fiscal year, $10,000,000 or 4 percent (whichever

23 is greater) may be used by the Administrator—
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1 ‘‘(A) to establish and maintain a clearinghouse

2 to disseminate to the States information on juvenile

3 delinquency prevention, treatment, and control;

4 ‘‘(B) to carry out research regarding juvenile

5 delinquency prevention, treatment, and control; and

6 ‘‘(C) to provide training and technical assist7 ance to States to improve the administration of the

8 juvenile justice system.’’, and

9 (B) in paragraph (2) by striking the last

10 sentence.

11 SEC. 405. ALLOCATION.

12 Section 222 of the Juvenile Justice and Delinquency

13 Prevention Act of 1974 (42 U.S.C. 5662) is amended—

14 (1) in subsection (a)—

15 (A) in paragraph (1) by inserting ‘‘avail16 able to carry out this part’’ after ‘‘funds’’,

17 (B) in paragraph (2)—

18 (i) in subparagraph (A) by striking

19 ‘‘title (other than parts D and E)’’ and in20 serting ‘‘part’’,

21 (ii) in subparagraph (B)—

22 (I) by striking ‘‘title (other than

23 parts D and E)’’ and inserting

24 ‘‘part’’,
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1 (II) by striking ‘‘or such greater’’

2 and all that follows through ‘‘299(a)

3 (1) and (3)’’, and

4 (2) by striking subsection (d).

5 SEC. 406. STATE PLANS.

6 Section 223 of the Juvenile Justice and Delinquency

7 Prevention Act of 1974 (42 U.S.C. 5633) is amended—

8 (1) in subsection (a)—

9 (A) by striking the 2d sentence,

10 (B) in paragraph (5)—

11 (i) by striking ‘‘, other than’’ and all

12 that follows through ‘‘section 222(d),’’,

13 (ii) in subparagraph (A) by adding

14 ‘‘and’’ at the end

15 (iii) in subparagraph (B) by striking

16 ‘‘; and’’ at the end and inserting a period,

17 and

18 (iv) by striking subparagraph (C),

19 (C) by striking paragraphs (3), (8), (9),

20 (10), (12), (13), (14), (15), (16), (17), (18),

21 (19), (23), (24), and (25),

22 (D) in paragraph (21) by adding ‘‘and’’ at

23 the end,

24 (E) in paragraph (22) by striking the

25 colon at the end and inserting a period, and
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1 (F) by redesignating paragraphs (4), (5),

2 (6), (7), (11), (20), (21), and (22) as para3 graphs (3), (4), (5), (6), (7), (8), (9), and (10),

4 respectively, and

5 (2) by striking subsections (c) and (d).

6 SEC. 407. REPEALERS.

7 The Juvenile Justice and Delinquency Prevention Act

8 of 1974 (42 U.S.C. 5601 et seq.) is amended—

9 (1) in title II—

10 (A) by striking parts C, D, E, F, G, and

11 H,

12 (B) by striking part I, as added by Public

13 Law 102–586, and

14 (C) by amending the heading of part I, as

15 in effect immediately before the enactment of

16 Public Law 102–586, to read as follows:

17 ‘‘PART D—GENERAL AND ADMINISTRATIVE

18 PROVISIONS’’, and

19 (2) by striking title V, as added by Public Law

20 102–586.

21 SEC. 408. INCENTIVE GRANTS FOR ACCOUNTABILITY22 BASED REFORMS.

23 Title II of the Juvenile Justice and Delinquency Pre24 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

25 by inserting after part B the following:
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1 ‘‘PART C—INCENTIVE GRANTS FOR ACCOUNTABILITY2 BASED REFORMS

3 ‘‘SEC. 241. AUTHORIZATION OF GRANTS.

4 ‘‘The Administrator shall provide juvenile delinquent

5 accountability grants under section 242 to eligible States

6 to carry out the purposes of this title.

7 ‘‘SEC. 242. ACCOUNTABILITY-BASED INCENTIVE GRANTS.

8 ‘‘(a) ELIGIBILITY FOR GRANT.—To be eligible to re9 ceive a grant under section 241, a State shall submit to

10 the Administrator an application at such time, in such

11 form, and containing such assurances and information as

12 the Administrator may require by rule, including assur13 ances that the State has in effect (or will have in effect

14 not later than 1 year after the date State submits such

15 application) laws, or has implemented (or will implement

16 not later than 1 year after the date State submits such

17 application) policies and programs, that ensure that juve18 niles who commit an act after attaining 14 years of age

19 that would be a serious violent crime if committed by an

20 adult are treated as adults for purposes of prosecution.

21 ‘‘(b) ADDITIONAL AMOUNT BASED ON ACCOUNT22 ABILITY-BASED JUVENILE CRIME CONTROL PRAC23 TICES.—A State that receives a grant under subsection

24 (a) is eligible to receive an additional amount of funds

25 added to such grant if such State demonstrates that the
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1 State has in effect, or will have in effect not later than

2 1 year after the deadline established by the Administrator

3 for the submitting of applications under subsection (a) for

4 the fiscal year involved, the following accountability-based

5 juvenile crime control practices and 3 or more of the prac6 tices specified in subsection (c):

7 ‘‘(1) Graduated sanctions for juvenile

8 delinquents, ensuring a sanction for every delinquent

9 act, and escalating the sanction with each subse10 quent delinquent act.

11 ‘‘(2) A system of records relating to any adju12 dication of juveniles less than 15 years of age who

13 are adjudicated delinquent for conduct that if com14 mitted by an adult would constitute a felony under

15 Federal or State law. Such records shall be—

16 ‘‘(A) equivalent to the records that would

17 be kept of adults arrested for such conduct, in18 cluding fingerprints and photographs;

19 ‘‘(B) submitted to the Federal Bureau of

20 Investigation in the same manner as adult

21 records are so submitted;

22 ‘‘(C) retained for a period of time that is

23 equal to the period of time records are retained

24 for adults; and
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1 ‘‘(D) available to law enforcement agen2 cies, the courts, and school officials (and such

3 school officials shall be subject to the same

4 standards and penalties that law enforcement

5 and juvenile justice system employees are sub6 ject to under Federal and State law, for hand7 ing and disclosing such information).

8 ‘‘(3) Alternative schools or classrooms for juve9 nile delinquents or juveniles who are expelled or sus10 pended for disciplinary reasons.

11 ‘‘(c) ADDITIONAL ACCOUNTABILITY-BASED JUVE12 NILE CRIME CONTROL PRACTICES.—For purposes of sub13 section (b), a State may select from among the following

14 accountability-based juvenile crime control practices:

15 ‘‘(1) Parental responsibility for serious delin16 quent acts of children released by a juvenile court to

17 the custody of their parents.

18 ‘‘(2) Mandatory restitution.

19 ‘‘(3) Public availability of records of juvenile

20 delinquency proceedings.

21 ‘‘(4) Public access to juvenile delinquency pro22 ceedings to the public.

23 ‘‘(5) Mandatory penalties for the use of a fire24 arm in committing a violent crime or serious drug
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1 offense, as defined in section 924(e)(2)(A) of title 18

2 of the United States Code.

3 ‘‘(6) Curfew laws for juveniles.

4 ‘‘(7) A serious habitual offender comprehensive

5 action program as described in subsection (d).

6 ‘‘(d) SERIOUS HABITUAL OFFENDER COMPREHEN7 SIVE ACTION PROGRAM.—

8 ‘‘(1) IN GENERAL.—Serious habitual offender

9 comprehensive action programs referred to in sub10 section (c) (referred to in this subsection as ‘pro11 grams’) shall be multidisciplinary interagency case

12 management and information sharing systems, meet13 ing the requirements of this subsection, that enable

14 the juvenile and criminal justice system, schools, and

15 social service agencies to make more informed deci16 sions regarding early identification, control, super17 vision, and treatment of juveniles who repeatedly

18 commit serious delinquent or criminal acts.

19 ‘‘(2) MULTIDISCIPLINARY AGENCIES.—Under

20 such programs, units of local government in a State

21 shall establish a multidisciplinary agency comprised

22 of representatives from—

23 ‘‘(A) law enforcement organizations;

24 ‘‘(B) school districts;

25 ‘‘(C) State’s attorneys offices;
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1 ‘‘(D) court services;

2 ‘‘(E) State and county children and family

3 services; and

4 ‘‘(F) any additional organizations, groups,

5 or agencies deemed appropriate to accomplish

6 the purposes described in paragraph (1), includ7 ing—

8 ‘‘(i) juvenile detention centers;

9 ‘‘(ii) mental and medical health agen10 cies; and

11 ‘‘(iii) the community at large.

12 ‘‘(3) IDENTIFICATION OF SERIOUS HABITUAL

13 OFFENDERS.—Each multidisciplinary agency estab14 lished under paragraph (2) shall adopt, by a major15 ity of its members, criteria to identify individuals

16 who are serious habitual offenders as defined in sec17 tion 103(24).

18 ‘‘(4) INTERAGENCY INFORMATION SHARING

19 AGREEMENT.—

20 ‘‘(A) IN GENERAL.—Each multidisciplinary

21 agency established under paragraph (2) shall

22 adopt, by a majority of its members, an inter23 agency information sharing agreement to be

24 signed by the chief executive officer of each or-
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1 ganization and agency represented in the multi2 disciplinary agency.

3 ‘‘(B) DISCLOSURE OF INFORMATION.—The

4 interagency information sharing agreement

5 shall require that—

6 ‘‘(i) all records pertaining to serious

7 habitual offenders shall be kept confiden8 tial to the extent required by State law;

9 ‘‘(ii) information in the records may

10 be made available to other staff from mem11 ber organizations and agencies as author12 ized by the multidisciplinary agency for the

13 purposes of promoting case management,

14 community supervision, conduct control,

15 and tracking of the serious habitual of16 fender for the application and coordination

17 of appropriate services; and

18 ‘‘(iii) access to the information in the

19 records shall be limited to individuals who

20 provide direct services to the serious habit21 ual offender or who provide community

22 conduct control and supervision to the seri23 ous habitual offender.
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1 ‘‘SEC. 243. FORMULAS FOR GRANTS.

2 ‘‘Of the amount available for any fiscal year for

3 grants under section 241—

4 ‘‘(1) 50 percent shall be allocated among the

5 States that meet the requirements of section 242(a),

6 and

7 ‘‘(2) 50 percent shall be allocated among the

8 States that meet the requirements of both sub9 sections (a) and (b) of section 242,

10 proportionately on the basis of the number of residents

11 of such States who are less than 18 years of age.

12 ‘‘SEC. 244. ACCOUNTABILITY.

13 ‘‘A State that receives a grant under section 241 shall

14 use accounting, audit, and fiscal procedures that conform

15 to guidelines prescribed by the Administrator, and shall

16 ensure that any funds used to carry out section 241 shall

17 represent the best value for the State at the lowest pos18 sible cost and employ the best available technology.

19 ‘‘SEC. 245. LIMITATION ON USE OF FUNDS.

20 ‘‘(a) NONSUPPLANTING REQUIREMENT.—Funds

21 made available under section 241 shall not be used to sup22 plant State funds, but shall be used to increase the

23 amount of funds that would, in the absence of Federal

24 funds, be made available from State sources.

25 ‘‘(b) ADMINISTRATIVE AND RELATED COSTS.—Not

26 more than 2 percent of the funds appropriated under sec-
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1 tion 291(c) for a fiscal year shall be available to the Ad2 ministrator for such fiscal year for purposes of—

3 ‘‘(1) research and evaluation, including assess4 ment of the effect on public safety and other effects

5 of the expansion of correctional capacity and sen6 tencing reforms implemented pursuant to this part,

7 and

8 ‘‘(2) technical assistance relating to the use of

9 grants made under section 241, and development

10 and implementation of policies, programs, and prac11 tices described in section 242.

12 ‘‘(b) CARRYOVER OF APPROPRIATIONS.—Funds ap13 propriated under section 291(c) shall remain available

14 until expended.

15 ‘‘(c) MATCHING FUNDS.—The Federal share of a

16 grant received under this part may not exceed 90 percent

17 of the costs of a proposal as described in an application

18 approved under this part.’’.

19 SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

20 Section 299 of the Juvenile Justice and Delinquency

21 Prevention Act of 1974 (42 U.S.C. 5671) is amended to

22 read as follows:

23 ‘‘SEC. 291. AUTHORIZATION OF APPROPRIATIONS.

24 ‘‘(a) OFFICE OF JUVENILE CRIME CONTROL.—There

25 are authorized to be appropriated for each of the fiscal
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1 years 1997, 1998, 1999, 2000, and 2001 such sums as

2 may be necessary to carry out part A.

3 ‘‘(b) BLOCK GRANTS FOR STATE AND LOCAL PRO4 GRAMS.—There is authorized to be appropriated to carry

5 out part B $250,000,000 for each of the fiscal years 1997,

6 1998, 1999, 2000, and 2001.

7 ‘‘(c) INCENTIVE GRANTS FOR ACCOUNTABILITY8 BASED REFORMS.—There is authorized to be appro9 priated to carry out part C $250,000,000 for each of the

10 fiscal years 1997, 1998, 1999, 2000, and 2001.

11 ‘‘(d) SOURCE OF APPROPRIATIONS.—Funds author12 ized by this section to be appropriated may be appro13 priated from the Violent Crime Reduction Trust Fund.’’.

14 SEC. 410. RELATED TECHNICAL AND CONFORMING AMEND15 MENTS.

16 (a) TECHNICAL AMENDMENTS.—Title II of the Juve17 nile Justice and Delinquency Prevention Act of 1974 (42

18 U.S.C. 5611 et seq.) is amended—

19 (1) in section 299A by striking ‘‘this Act’’ each

20 place it appears and inserting ‘‘this title’’,

21 (2) by striking section 299C,

22 (3) in section 299D—

23 (A) in subsection (b) by striking ‘‘Except

24 as provided in the second sentence of section
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1 222(c), financial’’ and inserting ‘‘Financial’’,

2 and

3 (B) by striking subsection (d), and

4 (4) by redesignating sections 299A, 299B, and

5 299D as sections 292, 293, and 294, respectively.

6 (b) CONFORMING AMENDMENTS.—(1) Section 5315

7 of title 5 of the United States Code is amended by striking

8 ‘‘Office of Juvenile Justice and Delinquency Prevention’’

9 and inserting ‘‘Office of Juvenile Crime Control’’.

10 (2) Section 4315(b) of title 18 of the United States

11 Code is amended by striking ‘‘Office of Juvenile Justice

12 and Delinquency Prevention’’ and inserting ‘‘Office of Ju13 venile Crime Control’’.

14 (3) Subsections (a)(1) and (c) of section 3221 of title

15 39 of the United States Code is amended by striking ‘‘Of16 fice of Juvenile Justice and Delinquency Prevention’’ each

17 place it appears and inserting ‘‘Office of Juvenile Crime

18 Control’’.

19 (4) Section 663(f) of the Social Security Act is

20 amended by striking ‘‘Office of Juvenile Justice and De21 linquency Prevention’’ and inserting ‘‘Office of Juvenile

22 Crime Control’’.

23 (5) Sections 801(a)(1), 804, 805, and 813 of title I

24 of the Omnibus Crime Control and Safe Streets Act of

25 1968 (42 U.S.C. 3712, 3782, 3785, 3786, 3789i) are
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1 amended by striking ‘‘Office of Juvenile Justice and De2 linquency Prevention’’ each place it appears and inserting

3 ‘‘Office of Juvenile Crime Control’’.

4 (6) Sections 217 and 222 of the Victims of Child

5 Abuse Act (42 U.S.C. 13013, 13022) are amended by

6 striking ‘‘Office of Juvenile Justice and Delinquency Pre7 vention’’ each place it appears and inserting ‘‘Office of Ju8 venile Crime Control’’.

9 SEC. 411. EFFECTIVE DATE; APPLICATION OF AMEND10 MENTS.

11 (a) EFFECTIVE DATE.—Except as provided in sub12 section (b), this title and the amendments made by this

13 title shall take effect on the first day of the first fiscal

14 year beginning after the date of the enactment of this title.

15 (b) APPLICATION OF AMENDMENTS.—The amend16 ments made by this title shall not apply with respect to

17 fiscal years beginning before the effective date of this title.

Æ