II

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.

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 ‘‘Children’s Confine5 ment Conditions Improvement Act of 2001’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) recent studies have established that youth

9 are developmentally different from adults, and these

10 developmental differences need to be taken into ac-
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1 count at all stages and in all aspects of the adult

2 criminal justice system;

3 (2) pretrial release or detention of juveniles

4 awaiting trial in adult criminal court should only

5 occur after consideration of their special characteris6 tics and the nature of their offenses;

7 (3)(A) if detained or incarcerated, juveniles

8 under the jurisdiction of an adult criminal court

9 should be housed in institutions or facilities separate

10 from adult facilities until their eighteenth birthday;

11 and

12 (B) those juveniles should not have sight or

13 sound contact with adult inmates;

14 (4) juveniles detained or incarcerated under the

15 jurisdiction of an adult criminal court should be pro16 vided access to programs that address their edu17 cational, substance abuse treatment, health, mental

18 health, and vocational needs;

19 (5) juveniles detained or incarcerated under the

20 jurisdiction of an adult criminal court should be pro21 vided with the mechanisms to report instances of

22 physical, mental, or psychological abuse or intimida23 tion, and allegations of such abuse or intimidation

24 should be promptly investigated, and if proven cor25 rect, should be properly remedied;
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1 (6) transfer to and sentencing of juveniles in

2 the adult criminal court system should be based on

3 consideration of the individual characteristics of the

4 juvenile and the nature of the offense committed;

5 (7) according to recent studies, juveniles who

6 are placed in adult facilities are more likely to com7 mit future crimes;

8 (8) housing juveniles with, or in close proximity

9 to, adult inmates creates difficulties and potentially

10 unsafe conditions for jail and prison personnel, and

11 juveniles and adult inmates, since many adult jails

12 and prisons lack the physical structure, program13 ming, and trained personnel to manage juveniles ef14 fectively;

15 (9) according to the Department of Justice, the

16 suicide rate for juveniles in adult jails is nearly 8

17 times higher than the rate in juvenile detention, and

18 the highest rate of suicide in jail occurs during the

19 first 24 hours of commitment;

20 (10) according to the Department of Justice,

21 juveniles in adult facilities are 5 times more likely to

22 be sexually assaulted, twice as likely to be beaten by

23 staff, and 50 percent more likely to be attacked with

24 a weapon than adolescents in a juvenile facility; and
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1 (11) rural States and economically depressed

2 communities have pronounced difficulties in pro3 viding secure custody for juvenile offenders apart

4 from adult inmates.

5 SEC. 3. PURPOSE.

6 The purpose of this Act is to provide incentives and

7 funding assistance for States to reduce dangerous and un8 safe conditions in the detention and incarceration of juve9 nile offenders under the jurisdiction of an adult criminal

10 court, including separating those juvenile offenders from

11 adult prisoners and ensuring that corrections officers who

12 supervise them receive training in supervision issues

13 unique to juveniles.

14 SEC. 4. DEFINITION.

15 In this Act, the term ‘‘juvenile’’ means an individual

16 who has not reached the age of 18.

17 TITLE I—JUVENILE SAFE INCAR18 CERATION GRANT PROGRAM

19 SEC. 101. GRANT AUTHORITY.

20 The Assistant Attorney General for the Office of Jus21 tice Programs, established under section 101 of title I of

22 the Omnibus Crime Control and Safe Streets Act of 1968,

23 in consultation with the Office of Juvenile Justice and De24 linquency Prevention, may make grants to States, units
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1 of local government, and Indian tribes for the development

2 and implementation of programs designed to—

3 (1) alter existing correctional facilities, or de4 velop separate facilities, to provide separate facilities

5 for juveniles who are detained or are serving sen6 tences in adult prisons or jails under the jurisdiction

7 of an adult criminal court;

8 (2) provide correctional staff who are respon9 sible for supervising juveniles who are detained or

10 are serving sentences in adult prisons or jails under

11 the jurisdiction of an adult criminal court with ori12 entation and ongoing training to address the devel13 opmental, educational, vocational, and mental and

14 physical health needs of those offenders;

15 (3) provide ombudsmen to monitor the treat16 ment of juveniles who are detained or are serving

17 sentences in adult prisons or jails under the jurisdic18 tion of an adult criminal court;

19 (4) provide access to educational programs, vo20 cational training, mental and physical health assess21 ment and treatment, and drug treatment for juve22 niles who are serving sentences under the jurisdic23 tion of an adult criminal court; or

24 (5) seek alternatives, including the expansion of

25 juvenile facilities, to housing juveniles under the ju-
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1 risdiction of an adult criminal court with adult in2 mates.

3 SEC. 102. ADMINISTRATION.

4 (a) GUIDELINES.—The Assistant Attorney General

5 may issue guidelines necessary to carry out this title.

6 (b) APPLICATIONS.—In addition to any other require7 ments that may be specified by the Assistant Attorney

8 General, an application for a grant under this title shall—

9 (1) include a detailed implementation plan ad10 dressing each of the purposes in section 101 and a

11 timeline for the implementation of those purposes;

12 (2) address the capability of the applicant to

13 continue the proposed program following the conclu14 sion of Federal support;

15 (3) describe the methodology that will be used

16 in evaluating the program; and

17 (4) certify that the State applicant (or the

18 State in which the applicant is located) has devel19 oped guidelines on the use of isolation and separa20 tion and on the appropriate use of force against in21 carcerated juveniles, and has prohibited the use of

22 electroshock devices, 4-point restraints, chemical re23 straints, and restraint chairs.
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1 SEC. 103. APPLICATIONS.

2 (a) IN GENERAL.—To request funds under this title,

3 applicants shall submit an application to the Assistant At4 torney General in such form and containing such informa5 tion as the Assistant Attorney General may reasonably re6 quire.

7 (b) COMPETITIVE GRANTS.—Funding under this title

8 shall be awarded on a competitive basis based on criteria

9 established by the Assistant Attorney General and speci10 fied in program guidelines.

11 SEC. 104. FEDERAL SHARE.

12 (a) IN GENERAL.—The Federal share of a grant

13 made under this title may not exceed 75 percent of the

14 total cost of the program described in the application sub15 mitted for the fiscal year for which the program receives

16 assistance under section 101, unless the Assistant Attor17 ney General waives, wholly or in part, the requirement of

18 a matching contribution under this section.

19 (b) IN-KIND CONTRIBUTIONS.—In-kind contribu20 tions may constitute a portion of the non-Federal share

21 of a grant under this title.

22 SEC. 105. GEOGRAPHIC DISTRIBUTION.

23 (a) IN GENERAL.—The Assistant Attorney General

24 shall ensure that, to the extent practicable, an equitable

25 geographic distribution of grant awards under this title

26 is made, with rural representation.
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1 (b) MINIMUM ALLOCATION.—Unless all eligible appli2 cations submitted by any State or unit of local government

3 within such State for a grant under this section have been

4 funded, that State, together with grantees within the

5 State, shall be allocated in each fiscal year under this sec6 tion not less than 0.75 percent of the total amount appro7 priated in the fiscal year for grants under this title.

8 (c) INDIAN TRIBES.—Indian tribes shall receive 0.75

9 percent of the total amount appropriated in the fiscal year

10 for grants under this title.

11 SEC. 106. TECHNICAL ASSISTANCE, TRAINING, AND EVAL12 UATION.

13 (a) TECHNICAL ASSISTANCE AND TRAINING.—The

14 Assistant Attorney General may provide technical assist15 ance and training in furtherance of the purposes of this

16 title.

17 (b) EVALUATION.—In addition to any evaluation re18 quirements that may be prescribed for grantees, the As19 sistant Attorney General may carry out or make arrange20 ments for a rigorous evaluation of the programs that re21 ceive support under this title.

22 (c) ADMINISTRATION.—The technical assistance,

23 training, and evaluations authorized by this section may

24 be carried out directly by the Assistant Attorney General
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1 or through grants, contracts, or cooperative arrangements

2 with other entities.

3 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

4 (a) IN GENERAL.—There are authorized to be appro5 priated to carry out this title such sums as may be nec6 essary for fiscal years 2002 through 2006.

7 (b) PERMANENT SET-ASIDE FOR RESEARCH AND

8 EVALUATION.—The Assistant Attorney General shall re9 serve not less than 1 percent and not more than 3 percent

10 of the sums appropriated under this section in each fiscal

11 year for research and evaluation of this program.

12 TITLE II—TRUTH-IN-SEN13 TENCING AND VIOLENT OF14 FENDER INCARCERATION

15 GRANT PROGRAMS

16 SEC. 201. TRUTH-IN-SENTENCING AND VIOLENT OFFENDER

17 INCARCERATION GRANT PROGRAMS.

18 Section 20105(b) of the Violent Crime Control and

19 Law Enforcement Act of 1994 (42 U.S.C. 13705(b)) is

20 amended to read as follows:

21 ‘‘(b) ALLOCATION FOR TRUTH-IN-SENTENCING AND

22 VIOLENT OFFENDER INCARCERATION GRANTS.—

23 ‘‘(1) USE OF FUNDS.—Funds provided under

24 section 20103 or 20104 may be applied to the cost

25 of—
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1 ‘‘(A) altering existing correctional facilities

2 to provide separate facilities for juveniles under

3 the jurisdiction of an adult criminal court who

4 are detained or are serving sentences in adult

5 prisons or jails;

6 ‘‘(B) providing correctional staff who are

7 responsible for supervising juveniles who are de8 tained or serving sentences under the jurisdic9 tion of an adult criminal court with orientation

10 and ongoing training regarding the unique

11 needs of such offenders; and

12 ‘‘(C) providing ombudsmen to monitor the

13 treatment of juveniles who are detained or serv14 ing sentences under the jurisdiction of an adult

15 criminal court in adult facilities, consistent with

16 guidelines issued by the Assistant Attorney

17 General.

18 ‘‘(2) ELIGIBILITY FOR ADDITIONAL FUNDS.—

19 Any State that uses 10 percent of the funds for

20 which it is eligible under sections 20103 and 20104

21 for the purposes described in this subsection shall

22 receive a 5 percent increase in the funds to which

23 it is entitled under those sections.’’.
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1 TITLE III—REAUTHORIZATION

2 OF THE JJDPA

3 SEC. 301. REAUTHORIZATION FOR THE JUVENILE JUSTICE

4 AND DELINQUENCY PREVENTION ACT OF

5 1974.

6 Title I of the Juvenile Justice and Delinquency Pre7 vention Act of 1974 (42 U.S.C. 5601 et seq.) is amended

8 by adding at the end the following:

9 ‘‘SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘There are authorized to be appropriated to carry out

11 this Act such sums as necessary for each of fiscal years

12 2002 through 2004.’’.

13 TITLE IV—MISCELLANEOUS

14 PROVISIONS

15 SEC. 401. STUDY OF THE EFFECT OF SENTENCING JUVE16 NILE DRUG OFFENDERS AND NONVIOLENT

17 OFFENDERS AS ADULTS.

18 Not later than 1 year after the date of enactment

19 of this Act, the Bureau of Justice Statistics and the Office

20 of Juvenile Justice and Delinquency Prevention shall sub21 mit to the Committees on the Judiciary of the Senate and

22 the House of Representatives a joint report regarding the

23 sentencing of juvenile offenders as adult criminal offend24 ers, which shall include—
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1 (1) the identity of States that sentence juvenile

2 drug offenders and nonviolent juvenile offenders as

3 adults, the number of juveniles so sentenced in each

4 State, and the offenses for which those juveniles

5 were sentenced;

6 (2) demographic information, including the age,

7 race, ethnicity, gender, and socioeconomic status of

8 juvenile drug offenders and nonviolent juvenile of9 fenders sentenced as adults by a State;

10 (3) the effectiveness of such sentences in reduc11 ing drug-related crime; and

12 (4) the overall effect of the imposition of such

13 sentences upon State corrections systems.

14 SEC. 402. RURAL STATE FUNDING.

15 (a) IN GENERAL.—The Assistant Attorney General,

16 in consultation with the Office of Juvenile Justice and De17 linquency Prevention, shall provide grants to provide cus18 todial facilities appropriate for violent juvenile offenders

19 in rural States and economically distressed communities

20 that lack the resources to provide secure custody.

21 (b) DEFINITION OF RURAL STATE.—In this section,

22 the term ‘‘rural State’’ has the same meaning as in section

23 1501(b) of the Omnibus Crime Control and Safe Streets

24 Act of 1968 (42 U.S.C. 3796bb(B)).
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1 (c) EQUITABLE ALLOCATION OF AWARDS.—In mak2 ing awards under subsection (a), the Assistant Attorney

3 General shall ensure that the awards are equitably allo4 cated among the principal geographic regions of the

5 United States, subject to the availability of qualified appli6 cants for the awards.

7 (d) EVALUATIONS; DISSEMINATION OF FINDINGS.—

8 (1) EVALUATIONS.—The Assistant Attorney

9 General shall, directly or through contract, provide

10 for the conduct of evaluations of programs carried

11 out pursuant to subsection (a).

12 (2) DISSEMINATION OF FINDINGS.—The Assist13 ant Attorney General shall disseminate the findings

14 made as a result of the evaluation to the States and

15 the Committees on the Judiciary of the Senate and

16 the House of Representatives.

17 (e) MINIMUM ALLOCATION.—Unless all eligible appli18 cations submitted by any State or unit of local government

19 within such State for a grant under this section have been

20 funded, such State, together with grantees within the

21 State, shall be allocated in each fiscal year under this sec22 tion not less than 0.75 percent of the total amount appro23 priated in the fiscal year for grants pursuant to this sec24 tion.
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 $20,000,000 for each of the fiscal years 2002, 2003, and

4 2004.

5 SEC. 403. GAO STUDY.

6 Not later than 1 year after the date of enactment

7 of this Act, the General Accounting Office shall conduct

8 a study and report to the Committees of the Judiciary

9 of the House of Representatives and the Senate on the

10 prevalence and effects of the use of electroshock weapons,

11 4-point restraints, chemical restraints, restraint chairs,

12 and solitary confinement against juvenile offenders in the

13 Federal and State criminal and juvenile corrections sys14 tems.

15 SEC. 404. FAMILY UNITY DEMONSTRATION PROJECT.

16 Section 31904(a) of the Family Unity Demonstration

17 Project Act (42 U.S.C. 13883(a)) is amended by striking

18 paragraphs (1) through (5) and inserting the following:

19 ‘‘(1) $5,400,000 for fiscal year 2002; and

20 ‘‘(2) such sums as may be necessary for each

21 of fiscal years 2003 through 2006.’’.

22 SEC. 405. NOTIFICATION AFTER ARREST.

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

24 amended—

25 (1) in the first sentence—
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1 (A) by striking ‘‘arresting officer’’ and in2 serting ‘‘arresting officer or another representa3 tive of the Attorney General’’; and

4 (B) by striking ‘‘comprehensive to a juve5 nile’’ and inserting ‘‘reasonably calculated to be

6 comprehensible to a juvenile’’; and

7 (2) in the second sentence, by striking ‘‘arrest8 ing officer’’ and inserting ‘‘arresting officer or an9 other representative of the Attorney General’’.

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