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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 47 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                 H. R. 47

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
 provide for the humane treatment of youths who are in police custody, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2017

 Ms. Jackson Lee introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
 provide for the humane treatment of youths who are in police custody, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Effective and Humane Treatment of 
Youth Act of 2017'' or ``Kalief's Law''.

SEC. 2. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK GRANTS.

    Section 1810(a) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796ee-10(a)) is amended by inserting before the 
period at the end the following: ``and such funds as may be necessary 
for each of fiscal years 2018 through 2022''.

SEC. 3. HUMANE TREATMENT OF YOUTH FOR GRANT ELIGIBILITY.

    (a) In General.--Section 1802 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796ee-2) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) assurances that the State and any unit of local 
        government to which the State provides funding under section 
        1803(b), has in effect (or shall have in effect, not later than 
        1 year after the date that the State submits such application) 
        laws, or has implemented (or shall implement, not later than 1 
        year after the date that the State submits such application) 
        policies and programs, that provide for a right to speedy trial 
        in accordance with subsection (g), timely bail consideration in 
        accordance with subsection (h), and the restrictions on the use 
        of temporary separation in accordance with subsection (i).'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)(ii), by striking 
                        ``and'' at the end; and
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                    (B) by adding at the end the following:
                    ``(C) such assurances as the State shall require, 
                that, to the extent applicable, the unit of local 
                government has in effect (or shall have in effect, not 
                later than 1 year after the date that the unit submits 
                such application) laws, or has implemented (or shall 
                implement, not later than 1 year after the date that 
                the unit submits such application) policies and 
                programs, that provide for a right to speedy trial in 
                accordance with subsection (g), timely bail 
                consideration in accordance with subsection (h), and 
                the restrictions on the use of temporary separation in 
                accordance with subsection (i).''; and
            (3) by adding at the end the following:
    ``(g) Right to Speedy Trial.--The requirements under this 
subsection relating to the right to a speedy trial for a youth are, at 
a minimum, that in the case of a youth who is held in custody, charges 
in any criminal case are dismissed with prejudice not later than 60 
days after the date on which the youth was arrested (which shall be 
computed in accordance with section 3161(h) of title 18, United States 
Code), if a trial has not commenced or there has not been an 
adjudication of the case on the merits. For purposes of this 
subsection, the determination of whether an individual is a youth shall 
be based on the individual's age at the time that the individual is 
taken into custody for the alleged criminal conduct.
    ``(h) Right to Timely Bail Consideration.--
            ``(1) In general.--The requirements under this subsection 
        relating to a youth's right to timely bail consideration are, 
        at a minimum, that--
                    ``(A) the youth receives an initial detention 
                hearing not later than the second working day after 
                being taken into custody, except that--
                            ``(i) if the youth is taken into custody on 
                        a Friday or Saturday, not later than one 
                        working day after being taken into custody; or
                            ``(ii) in the case of an arrest for a 
                        status offense, not later than one working day 
                        after being taken into custody;
                    ``(B) in the case of a youth who is 17 years of age 
                or younger, the parent, guardian or custodian of the 
                youth receives from the court reasonable notice of the 
                detention hearing if the parent, guardian or custodian 
                can be located;
                    ``(C) prior to any detention hearing, the youth is 
                advised of the right to counsel, the right to have 
                counsel appointed by the court if the youth is 
                indigent, and the procedure for the appointment of 
                counsel;
                    ``(D) if at the initial detention hearing the youth 
                does not have counsel, the court shall appoint counsel 
                before making a ruling on whether to release or 
                continue detaining the youth;
                    ``(E) no statement made by the youth at any 
                detention hearing is admissible against the youth at 
                any other hearings or proceedings;
                    ``(F) if a youth is detained, a detention hearing 
                to review the release decision is held every 10 working 
                days, or every 15 working days if the youth is held 
                outside the county of jurisdiction, unless the youth 
                waives review on the advice of counsel;
                    ``(G) there is a presumption of release at a 
                detention hearing, unless--
                            ``(i) the youth will be removed from the 
                        jurisdiction of the court prior to the next 
                        scheduled hearing;
                            ``(ii) in the case of a youth who is 17 
                        years of age or younger, the youth lacks 
                        suitable and safe supervision, care, and 
                        protection from a parent, guardian, custodian, 
                        or other person or agency; or
                            ``(iii) the youth may be a danger to 
                        himself or herself, a threat to public safety, 
                        or is likely to commit an offense if released, 
                        and the court determines that such danger, 
                        threat, or likelihood cannot be overcome with 
                        appropriate supervision, services, or 
                        treatment; and
                    ``(H) a detained youth who is not charged with a 
                criminal offense at an initial detention hearing is 
                released unless--
                            ``(i) in the case of a youth who is 
                        detained for delinquency, a probation 
                        violation, or a status offense, the State 
                        brings a petition or formal charge against the 
                        youth not later than 15 working days after the 
                        initial detention decision;
                            ``(ii) except as provided in clause (i), in 
                        the case of a youth who is detained for 
                        criminal conduct for which the maximum term of 
                        imprisonment is less than one year, the State 
                        brings a formal charge against the youth not 
                        later than 30 working days after the initial 
                        detention decision; or
                            ``(iii) except as provided in clause (i), 
                        in the case of a youth who is detained for 
                        criminal conduct for which the maximum term of 
                        imprisonment is one year or greater, the State 
                        brings a formal charge against the youth not 
                        later than 60 days after the initial detention 
                        decision.
            ``(2) Status as youth.--For purposes of this subsection, 
        the determination of whether an individual is a youth shall be 
        based on the individual's age at the time that the individual 
        is taken into custody for the alleged criminal conduct.
            ``(3) Definitions.--For the purpose of this subsection:
                    ``(A) The term `detention hearing' means a 
                hearing--
                            ``(i) conducted by a duly appointed or 
                        elected judge or, if a judge is not available, 
                        a referee appointed for the purpose of 
                        conducting detention hearings; and
                            ``(ii) recorded at the request of any 
                        party.
                    ``(B) The term `status offense' means an offense 
                which prohibits conduct only for youths and not for 
                adults, based on their age, including truancy, running 
                away, breach of curfew, and age-based alcohol or drug 
                offenses.
    ``(i) Ban on the Use of Solitary Confinement.--
            ``(1) In general.--The requirements under this subsection 
        relating to the restrictions on the use of temporary separation 
        are, at a minimum, that--
                    ``(A) temporary separation of a youth from the 
                general population in a detention facility is not used 
                for any purpose other than as a temporary response to 
                behavior of the individual that poses a serious and 
                immediate risk of physical harm to that individual or 
                to others;
                    ``(B) a good faith effort to employ less 
                restrictive techniques, including de-escalation and 
                intervention by facility employees, mental health 
                professionals, and other youths must occur before the 
                use of temporary separation;
                    ``(C) before or immediately after a youth is placed 
                in temporary separation, an employee of the detention 
                facility provides the individual with an explanation of 
                the reasons for the separation and under what 
                circumstances it will end;
                    ``(D) the duration for which a youth is placed in 
                temporary separation does not exceed 3 hours, and 
                consecutive periods of temporary separation for the 
                same episode of behavior are prohibited;
                    ``(E) a youth is released from temporary separation 
                as soon as he or she no longer poses a risk of serious 
                and immediate physical harm;
                    ``(F) in the case of a youth who continues to pose 
                a risk of serious and immediate physical harm after 
                being in temporary separation for 3 hours, prior to, or 
                upon the conclusion of such 3-hour period, the facility 
                initiates a transfer to another facility that can 
                provide necessary services without the use of temporary 
                separation or refers the individual to a mental health 
                facility that can provide necessary services, in which 
                case the individual may remain in temporary separation 
                pending such transfer;
                    ``(G) the physical space used for temporary 
                separation--
                            ``(i) is at least 80 square feet, suicide-
                        resistant, and protrusion-free;
                            ``(ii) has adequate lighting and 
                        ventilation;
                            ``(iii) is kept at a reasonable 
                        temperature; and
                            ``(iv) provides access to clean potable 
                        water, toilet facilities, and hygiene supplies; 
                        and
                    ``(H) a youth placed in temporary separation has 
                access to appropriate medical and mental health 
                services, and receives crisis intervention and one-on-
                one observation.
            ``(2) Definition.--For the purpose of this subsection, the 
        term `temporary separation' means the involuntary restriction 
        of an individual alone in a cell, room, or other area isolated 
        away from all human contact except for the employees of the 
        detention facility.''.
    (b) Youth Defined.--Section 1809 of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796ee-9) is amended by at the end 
the following:
            ``(7) Youth.--The term `youth' means an individual who is 
        21 years of age or younger.''.

SEC. 4. TREATMENT OF YOUTH IN FEDERAL PRISONS AND CORRECTIONAL 
              FACILITIES.

    (a) In General.--Chapter 401 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 5004. Recording of custodial interrogations of youth
    ``(a) In General.--A custodial interrogation of a youth shall be 
electronically recorded in its entirety in audio and visual form, 
except that if any part of the interrogation occurs outside of a place 
of detention, an audio recording may be used. If the interrogation 
occurs in a detention facility, the camera shall show both the 
interrogator and the youth.
    ``(b) Inadmissibility of Statements Not Recorded.--Except as 
provided in subsections (c), (d), and (e), any statement made by a 
youth during a custodial interrogation that is not recorded in 
accordance with subsection (a), is inadmissible as evidence against the 
youth in any juvenile delinquency or criminal proceeding brought 
against the youth.
    ``(c) Exceptions Generally.--A statement made by a youth in a 
custodial interrogation that would be inadmissible under subsection (b) 
may be admitted into evidence in a criminal or juvenile delinquency 
proceeding brought against the youth if the court finds the following:
            ``(1) The statement is admissible under the applicable 
        rules of evidence.
            ``(2) The prosecution has proven by clear and convincing 
        evidence that the youth made the statement voluntarily, and 
        that such statement is reliable.
            ``(3) The prosecution has proven by clear and convincing 
        evidence that one or more of the following circumstances 
        existed at the time of the custodial interrogation:
                    ``(A) The questions put forth by law enforcement 
                personnel, and the youth's responsive statements, were 
                part of the routine processing or intake of the youth.
                    ``(B) Before or during a custodial interrogation, 
                after having consulted with his or her lawyer, the 
                youth unambiguously declared on the recording that he 
                or she would only respond to the officer's questions if 
                his or her statements were not recorded.
                    ``(C) The custodial interrogation took place in 
                another jurisdiction and was conducted by officials of 
                that jurisdiction in compliance with the law of the 
                jurisdiction.
                    ``(D) Exigent circumstances existed, which 
                prevented the making of, or rendered it not feasible to 
                make, a recording of the custodial interrogation.
    ``(d) Exception Relating to Statements Made in Court.--A statement 
made by a youth in a custodial interrogation which would be 
inadmissable under subsection (b) may be admitted into evidence in a 
juvenile delinquency or criminal proceeding brought against the youth 
if the court finds the following:
            ``(1) The statement was made before a grand jury or in 
        court.
            ``(2) The statement is admissible under applicable rules of 
        evidence.
            ``(3) The prosecution has proven by clear and convincing 
        evidence that the youth made the statement voluntarily, and 
        that such statement is reliable.
    ``(e) Exception Relating to Statements Made by Prisoners.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        statement made by a youth in a custodial interrogation which 
        would be inadmissable under subsection (b) may be admitted into 
        evidence in a juvenile delinquency or criminal proceeding 
        brought against the youth if, at the time of making the 
        statement, the youth was serving a term of imprisonment in a 
        Federal prison or correctional institution.
            ``(2) Limitation.--A statement described in paragraph (1) 
        may not be admitted into evidence in a juvenile delinquency or 
        criminal proceeding brought against the youth if the statement 
        was made in relation to an investigation of a crime committed 
        in the Federal prison or correctional institution.
    ``(f) Handling and Preservation of Electronic Recordings.--
Recordings of custodial interrogations under this subsection shall be 
handled and preserved as follows:
            ``(1) The recording shall be clearly identified and 
        catalogued by law enforcement personnel.
            ``(2) If a juvenile delinquency or criminal proceeding is 
        brought against a youth who was the subject of an 
        electronically recorded custodial interrogation, the recording 
        shall be preserved by law enforcement personnel until all 
        appeals, post-conviction, and habeas corpus proceedings are 
        final and concluded, or the time within which such proceedings 
        must be brought has expired.
            ``(3) If no juvenile delinquency or criminal proceeding is 
        brought against a youth who has been the subject of a recorded 
        custodial interrogation, the related recording shall be 
        preserved by law enforcement personnel until all applicable 
        State and Federal statutes of limitations bar prosecution of 
        the youth.
    ``(g) Study and Report.--Not later than 2 years after the date of 
enactment of this Act, and annually thereafter, the Attorney General 
shall submit to Congress a report that describes--
            ``(1) the instances in which recorded interrogations were 
        introduced as evidence in a juvenile delinquency or criminal 
        proceeding;
            ``(2) the instances in which interrogations were not 
        recorded but were nonetheless introduced as evidence in a 
        juvenile delinquency or criminal proceeding;
            ``(3) the instances in which interrogations were recorded 
        and a plea of guilty was entered and accepted by the court; and
            ``(4) the instances in which interrogations were not 
        recorded and a plea of guilty was entered and accepted by the 
        court.
``Sec. 5005. Ban on solitary confinement of youth
    ``(a) Prohibition.--The placement of a youth in temporary 
separation for any purpose other than as a temporary response to 
behavior of the individual that poses a serious and immediate risk of 
physical harm to that individual or to others, is prohibited.
    ``(b) Less Restrictive Techniques.--Techniques that are less 
restrictive than temporary separation, including de-escalation and 
intervention by facility employees, mental health professionals, and 
other youths shall be employed before the use of temporary separation.
    ``(c) Explanation.--Before or immediately after an individual is 
placed in temporary separation, an employee of the detention facility 
shall provide the individual with an explanation of the reasons for the 
temporary separation and under what circumstances it will end.
    ``(d) Maximum Time.--A youth shall not be placed in temporary 
separation for more than 3 hours and consecutive periods of temporary 
separation for the same episode of behavior are prohibited.
    ``(e) Release.--A youth shall be released from temporary separation 
as soon as he or she no longer poses a risk of serious and immediate 
physical harm. If a youth continues to pose a risk of serious and 
immediate physical harm after being in temporary separation for 3 
hours, the facility shall, prior to, or upon the conclusion of such 3-
hour period, initiate a transfer to another facility that can provide 
necessary services without the use of temporary separation or refer the 
individual to a mental health facility that can provide necessary 
services, in which case the individual may remain in temporary 
separation pending such transfer.
    ``(f) Conditions.--The physical space used for temporary separation 
shall--
            ``(1) be at least 80 square feet, suicide-resistant, and 
        protrusion-free;
            ``(2) have adequate lighting and ventilation;
            ``(3) be kept at a reasonable temperature; and
            ``(4) provide access to clean potable water, toilet 
        facilities, and hygiene supplies.
    ``(g) Services.--A youth placed in temporary separation shall have 
access to appropriate medical and mental health services, and receive 
crisis intervention and one-on-one observation.
``Sec. 5006. Restrictions on shackling of youth
    ``(a) In General.--Instruments of restraint, such as handcuffs, 
chains, irons, straitjackets, or similar items, may not be used on a 
youth during a court proceeding and must be removed prior to the 
youth's entry into a courtroom, unless the court finds that--
            ``(1) the use of restraints is necessary--
                    ``(A) to prevent physical harm to the youth or 
                another person; or
                    ``(B) to prevent the youth from fleeing the court; 
                and
            ``(2) a less restrictive alternative, such as the presence 
        of additional court personnel, law enforcement officers, or 
        bailiffs, will not be sufficient to prevent the behavior 
        described in subparagraphs (A) and (B) of paragraph (1).
    ``(b) Opportunity To Respond.--Before ordering the use of 
restraints, the court shall provide the youth with the opportunity to 
respond to any evidence presented under subsection (a).
    ``(c) Certain Shackling Prohibited.--A court may not order the use 
of restraints that--
            ``(1) restrict movement of the youth's hands, such that the 
        youth is unable to read and handle documents used during the 
        court proceeding; or
            ``(2) are fixed to a wall, the floor, or furniture.
``Sec. 5007. Definitions
    ``For purposes of this chapter:
            ``(1) The term `custodial interrogation' means questioning 
        or other conduct by a law enforcement officer which is 
        reasonably likely to elicit an incriminating response from an 
        individual and occurs when reasonable individuals in the same 
        circumstances would consider themselves in custody.
            ``(2) The term `temporary separation' means the involuntary 
        restriction of an individual alone in a cell, room, or other 
        area isolated away from all human contact except for the 
        employees of the detention facility.
            ``(3) The term `youth' means an individual who is 21 years 
        of age or younger.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 401 of title 18, United States Code, is amended by adding at 
the end the following:

``5004. Ban on solitary confinement of youth.
``5005. Recording of custodial interrogations of youth.
``5006. Restrictions on shackling of youth.
``5007. Definitions.''.
    (c) Study and Report on Temporary Separation of Youth in Federal 
Facilities.--Not later than 2 years after the date of enactment of this 
Act, and annually thereafter, the Attorney General shall submit to 
Congress a report that contains--
            (1) a detailed description of the types and conditions of 
        temporary separation used for Federal prisoners or detainees 
        who are youths; and
            (2) a list of the number of instances in which temporary 
        separation was used for Federal prisoners or detainees who are 
        youths, disaggregated by age, race, ethnicity, gender, and a 
        description of the circumstances specific to each such 
        instance, including the cause, length, and result.

SEC. 5. YOUTH CUSTODIAL INTERROGATION RECORDING GRANTS.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at 
the end the following:

    ``PART MM--YOUTH CUSTODIAL INTERROGATION VIDEO RECORDING GRANTS

``SEC. 3031. CUSTODIAL INTERROGATION VIDEO RECORDING GRANTS.

    ``(a) Grant Program.--The Attorney General shall make grants to 
States and units of local government to take whatever steps the 
Attorney General determines to be necessary to achieve complete and 
accurate recording, by both audio and video means, of every custodial 
interrogation of a youth occurring within the State or unit of local 
government.
    ``(b) Matching Requirement.--The portion of the costs of a program 
funded by a grant under this section may not exceed 75 percent.
    ``(c) Definitions.--In this section:
            ``(1) The term `custodial interrogation' means questioning 
        or other conduct by a law enforcement officer which is 
        reasonably likely to elicit an incriminating response from an 
        individual and occurs when reasonable individuals in the same 
        circumstances would consider themselves in custody.
            ``(2) The term `youth' means an individual who is 21 years 
        of age or younger.''.
    (b) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)) is amended by adding at the end the following:
            ``(28) There are authorized to be appropriated to carry out 
        part MM such sums as may be necessary for each of the first 5 
        fiscal years beginning after the date of the enactment of such 
        part.''.

SEC. 6. POLICE-YOUTH INTERACTIONS.

    (a) In General.--Beginning after the end of the implementation 
period, in the case of a State or unit of local government that 
received a grant award under subpart 1 of part E of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et 
seq.), or under part Q of title I of such Act (42 U.S.C. 3796dd), if 
that State or unit of local government fails by the end of a fiscal 
year to substantially comply with the requirements of subsections (c) 
and (d), the Attorney General shall reduce the amount that would 
otherwise be awarded to that State or unit of government under such 
grant program in the following fiscal year by 5 percent.
    (b) Reallocation.--Amounts not allocated under a program referred 
to in subsection (a) to a State for failure to be in compliance with 
this section shall be reallocated under the program to States that are 
in compliance with this section.
    (c) Police-Youth Interaction Policy.--A State or unit of local 
government shall have in effect a policy establishing procedures, 
standards, and training on police-youth interactions that are grounded 
in evidence-based practices and address, at a minimum, de-escalation, 
verbal communication, physical contact, use of restraints, use of 
lethal and nonlethal force, notification of a parent or guardian, 
interviews and questioning, custodial interrogation, searches, audio 
and video recording, conditions of custody, alternatives to arrest, 
diversion and community resources, referral to child protection 
agencies, removal from school grounds or campus, mental health and 
crisis intervention, and any needs specific to minority youth.
    (d) Police-Youth Interaction Training.--A State or unit of local 
government shall have in effect a policy requiring all law enforcement 
officers to receive training on the police-youth interaction policy 
described in subsection (c), and on police-youth interaction and mental 
health crisis intervention generally, that is equal to the quality and 
number of hours of training received for firearms and use of force, but 
not less than 12 hours at the start of employment and 6 hours annually 
thereafter.
    (e) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Attorney General shall issue guidance on the 
establishment of police-youth interaction policies and training in 
order to assist States and local governments in complying with 
subsection (a).
    (f) Implementation Period.--The term ``implementation period'' 
means the period beginning on the date of enactment of this Act and 
ending on the later of--
            (1) the date that is 1 year after the date of enactment of 
        this Act; or
            (2) the date that is 1 year after the date on which the 
        Attorney General issues the guidance required under subsection 
        (e).
The Attorney General may extend such period by an additional year not 
more than once.
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