I 

114TH CONGRESS 

1ST SESSION H. R. 3155 

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 purpose. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2015 

Ms. JACKSON LEE (for herself, Mr. CONYERS, Ms. BASS, Mr. BLUMENAUER, 

Ms. BROWN of Florida, Ms. JUDY CHU of California, Mr. CICILLINE, Ms. 

CLARKE of New York, Mr. CLAY, Mr. COHEN, Mrs. WATSON COLEMAN, 

Mr. DANNY K. DAVIS of Illinois, Ms. EDWARDS, Mr. GRIJALVA, Ms. 

HAHN, Mr. JEFFRIES, Mr. JOHNSON of Georgia, Ms. LEE, Ms. LOFGREN, Mr. NADLER, Ms. NORTON, Mr. PAYNE, Mr. PIERLUISI, Mr. RANGEL, Mr. RICHMOND, Mr. SERRANO, Mr. VAN HOLLEN, Ms. WILSON of 

Florida, Mr. BUTTERFIELD, Mr. VEASEY, Mr. ELLISON, Mr. PETERS, 

Ms. MAXINE WATERS of California, Mr. HINOJOSA, Mr. VARGAS, Mr. AL

GREEN of Texas, and Mr. CASTRO of Texas) 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 purpose. 

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 ‘‘Effective and Humane 

5 Treatment of Youth Act of 2015’’ or ‘‘Kalief’s Law’’. 


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1 SEC. 2. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY 

2 BLOCK GRANTS. 

3 Section 1810(a) of the Omnibus Crime Control and 

4 Safe Streets Act of 1968 (42 U.S.C. 3796ee–10(a)) is 

5 amended by inserting before the period at the end the fol6 lowing: ‘‘and such funds as may be necessary for each of 

7 fiscal years 2016 through 2020’’. 

8 SEC. 3. HUMANE TREATMENT OF YOUTH FOR GRANT ELIGI9 BILITY. 

10 (a) IN GENERAL.—Section 1802 of the Omnibus 

11 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

12 3796ee–2) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (1)(B), by striking ‘‘and’’ 

15 at the end; 

16 (B) in paragraph (2), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(3) assurances that the State and any unit of 

20 local government to which the State provides fund21 ing under section 1803(b), has in effect (or shall 

22 have in effect, not later than 1 year after the date 

23 that the State submits such application) laws, or has 

24 implemented (or shall implement, not later than 1 

25 year after the date that the State submits such ap26 plication) policies and programs, that provide for a 


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1 right to speedy trial in accordance with subsection 

2 (g), timely bail consideration in accordance with sub3 section (h), and the restrictions on the use of tem4 porary separation in accordance with subsection 

5 (i).’’; 

6 (2) in subsection (b)— 

7 (A) in paragraph (1)— 

8 (i) in subparagraph (A)(ii), by strik9 ing ‘‘and’’ at the end; and 

10 (ii) in subparagraph (B), by striking 

11 the period at the end and inserting ‘‘; 

12 and’’; and 

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

14 ‘‘(C) such assurances as the State shall re15 quire, that, to the extent applicable, the unit of 

16 local government has in effect (or shall have in 

17 effect, not later than 1 year after the date that 

18 the unit submits such application) laws, or has 

19 implemented (or shall implement, not later than 

20 1 year after the date that the unit submits such 

21 application) policies and programs, that provide 

22 for a right to speedy trial in accordance with 

23 subsection (g), timely bail consideration in ac24 cordance with subsection (h), and the restricVerDate Sep 11 2014 03:06 Jul 25, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3155.IH H3155

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1 tions on the use of temporary separation in ac2 cordance with subsection (i).’’; and 

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

4 ‘‘(g) RIGHT TO SPEEDY TRIAL.—The requirements 

5 under this subsection relating to the right to a speedy trial 

6 for a youth are, at a minimum, that in the case of a youth 

7 who is held in custody, charges in any criminal case are 

8 dismissed with prejudice not later than 60 days after the 

9 date on which the youth was arrested (which shall be com10 puted in accordance with section 3161(h) of title 18, 

11 United States Code), if a trial has not commenced or there 

12 has not been an adjudication of the case on the merits. 

13 For purposes of this subsection, the determination of 

14 whether an individual is a youth shall be based on the 

15 individual’s age at the time that the individual is taken 

16 into custody for the alleged criminal conduct. 

17 ‘‘(h) RIGHT TO TIMELY BAIL CONSIDERATION.— 

18 ‘‘(1) IN GENERAL.—The requirements under 

19 this subsection relating to a youth’s right to timely 

20 bail consideration are, at a minimum, that— 

21 ‘‘(A) the youth receives an initial detention 

22 hearing not later than the second working day 

23 after being taken into custody, except that— 

24 ‘‘(i) if the youth is taken into custody 

25 on a Friday or Saturday, not later than 


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1 one working day after being taken into 

2 custody; or 

3 ‘‘(ii) in the case of an arrest for a sta4 tus offense, not later than one working day 

5 after being taken into custody; 

6 ‘‘(B) in the case of a youth who is 17 

7 years of age or younger, the parent, guardian 

8 or custodian of the youth receives from the 

9 court reasonable notice of the detention hearing 

10 if the parent, guardian or custodian can be lo11 cated; 

12 ‘‘(C) prior to any detention hearing, the 

13 youth is advised of the right to counsel, the 

14 right to have counsel appointed by the court if 

15 the youth is indigent, and the procedure for the 

16 appointment of counsel; 

17 ‘‘(D) if at the initial detention hearing the 

18 youth does not have counsel, the court shall ap19 point counsel before making a ruling on wheth20 er to release or continue detaining the youth; 

21 ‘‘(E) no statement made by the youth at 

22 any detention hearing is admissible against the 

23 youth at any other hearings or proceedings; 

24 ‘‘(F) if a youth is detained, a detention 

25 hearing to review the release decision is held 


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1 every 10 working days, or every 15 working 

2 days if the youth is held outside the county of 

3 jurisdiction, unless the youth waives review on 

4 the advice of counsel; 

5 ‘‘(G) there is a presumption of release at 

6 a detention hearing, unless— 

7 ‘‘(i) the youth will be removed from 

8 the jurisdiction of the court prior to the 

9 next scheduled hearing; 

10 ‘‘(ii) in the case of a youth who is 17 

11 years of age or younger, the youth lacks 

12 suitable and safe supervision, care, and 

13 protection from a parent, guardian, custo14 dian, or other person or agency; or 

15 ‘‘(iii) the youth may be a danger to 

16 himself or herself, a threat to public safety, 

17 or is likely to commit an offense if re18 leased, and the court determines that such 

19 danger, threat, or likelihood cannot be 

20 overcome with appropriate supervision, 

21 services, or treatment; and 

22 ‘‘(H) a detained youth who is not charged 

23 with a criminal offense at an initial detention 

24 hearing is released unless— 


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1 ‘‘(i) in the case of a youth who is de2 tained for delinquency, a probation viola3 tion, or a status offense, the State brings 

4 a petition or formal charge against the 

5 youth not later than 15 working days after 

6 the initial detention decision; 

7 ‘‘(ii) except as provided in clause (i), 

8 in the case of a youth who is detained for 

9 criminal conduct for which the maximum 

10 term of imprisonment is less than one 

11 year, the State brings a formal charge 

12 against the youth not later than 30 work13 ing days after the initial detention deci14 sion; or 

15 ‘‘(iii) except as provided in clause (i), 

16 in the case of a youth who is detained for 

17 criminal conduct for which the maximum 

18 term of imprisonment is one year or great19 er, the State brings a formal charge 

20 against the youth not later than 60 days 

21 after the initial detention decision. 

22 ‘‘(2) STATUS AS YOUTH.—For purposes of this 

23 subsection, the determination of whether an indi24 vidual is a youth shall be based on the individual’s 


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1 age at the time that the individual is taken into cus2 tody for the alleged criminal conduct. 

3 ‘‘(3) DEFINITIONS.—For the purpose of this 

4 subsection: 

5 ‘‘(A) The term ‘detention hearing’ means a 

6 hearing— 

7 ‘‘(i) conducted by a duly appointed or 

8 elected judge or, if a judge is not available, 

9 a referee appointed for the purpose of con10 ducting detention hearings; and 

11 ‘‘(ii) recorded at the request of any 

12 party. 

13 ‘‘(B) The term ‘status offense’ means an 

14 offense which prohibits conduct only for youths 

15 and not for adults, based on their age, includ16 ing truancy, running away, breach of curfew, 

17 and age-based alcohol or drug offenses. 

18 ‘‘(i) BAN ON THE USE OF SOLITARY CONFINE19 MENT.— 

20 ‘‘(1) IN GENERAL.—The requirements under 

21 this subsection relating to the restrictions on the use 

22 of temporary separation are, at a minimum, that— 

23 ‘‘(A) temporary separation of a youth from 

24 the general population in a detention facility is 

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1 porary response to behavior of the individual 

2 that poses a serious and immediate risk of 

3 physical harm to that individual or to others; 

4 ‘‘(B) a good faith effort to employ less re5 strictive techniques, including de-escalation and 

6 intervention by facility employees, mental health 

7 professionals, and other youths must occur be8 fore the use of temporary separation; 

9 ‘‘(C) before or immediately after a youth is 

10 placed in temporary separation, an employee of 

11 the detention facility provides the individual 

12 with an explanation of the reasons for the sepa13 ration and under what circumstances it will 

14 end; 

15 ‘‘(D) the duration for which a youth is 

16 placed in temporary separation does not exceed 

17 3 hours, and consecutive periods of temporary 

18 separation for the same episode of behavior are 

19 prohibited; 

20 ‘‘(E) a youth is released from temporary 

21 separation as soon as he or she no longer poses 

22 a risk of serious and immediate physical harm; 

23 ‘‘(F) in the case of a youth who continues 

24 to pose a risk of serious and immediate physical 

25 harm after being in temporary separation for 3 


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1 hours, prior to, or upon the conclusion of such 

2 3-hour period, the facility initiates a transfer to 

3 another facility that can provide necessary serv4 ices without the use of temporary separation or 

5 refers the individual to a mental health facility 

6 that can provide necessary services, in which 

7 case the individual may remain in temporary 

8 separation pending such transfer; 

9 ‘‘(G) the physical space used for temporary 

10 separation— 

11 ‘‘(i) is at least 80 square feet, suicide12 resistant, and protrusion-free; 

13 ‘‘(ii) has adequate lighting and ven14 tilation; 

15 ‘‘(iii) is kept at a reasonable tempera16 ture; and 

17 ‘‘(iv) provides access to clean potable 

18 water, toilet facilities, and hygiene sup19 plies; and 

20 ‘‘(H) a youth placed in temporary separa21 tion has access to appropriate medical and men22 tal health services, and receives crisis interven23 tion and one-on-one observation. 

24 ‘‘(2) DEFINITION.—For the purpose of this 

25 subsection, the term ‘temporary separation’ means 


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1 the involuntary restriction of an individual alone in 

2 a cell, room, or other area isolated away from all 

3 human contact except for the employees of the de4 tention facility.’’. 

5 (b) YOUTH DEFINED.—Section 1809 of the Omnibus 

6 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

7 3796ee–9) is amended by at the end the following: 

8 ‘‘(7) YOUTH.—The term ‘youth’ means an indi9 vidual who is 21 years of age or younger.’’. 

10 SEC. 4. TREATMENT OF YOUTH IN FEDERAL PRISONS AND 

11 CORRECTIONAL FACILITIES. 

12 (a) IN GENERAL.—Chapter 401 of title 18, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘§ 5004. Recording of custodial interrogations of 

16 youth 

17 ‘‘(a) IN GENERAL.—A custodial interrogation of a 

18 youth shall be electronically recorded in its entirety in 

19 audio and visual form, except that if any part of the inter20 rogation occurs outside of a place of detention, an audio 

21 recording may be used. If the interrogation occurs in a 

22 detention facility, the camera shall show both the interro23 gator and the youth. 

24 ‘‘(b) INADMISSIBILITY OF STATEMENTS NOT RE25 CORDED.—Except as provided in subsections (c) and (d), 


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1 any statement made by a youth during a custodial interro2 gation that is not recorded in accordance with subsection 

3 (a), is inadmissible as evidence against the youth in any 

4 juvenile delinquency or criminal proceeding brought 

5 against the youth. 

6 ‘‘(c) EXCEPTIONS GENERALLY.—A statement made 

7 by a youth in a custodial interrogation that would be inad8 missible under subsection (b) may be admitted into evi9 dence in a criminal or juvenile delinquency proceeding 

10 brought against the youth if the court finds the following: 

11 ‘‘(1) The statement is admissible under the ap12 plicable rules of evidence. 

13 ‘‘(2) The prosecution has proven by clear and 

14 convincing evidence that the youth made the state15 ment voluntarily, and that such statement is reliable. 

16 ‘‘(3) The prosecution has proven by clear and 

17 convincing evidence that one or more of the fol18 lowing circumstances existed at the time of the cus19 todial interrogation: 

20 ‘‘(A) The questions put forth by law en21 forcement personnel, and the youth’s responsive 

22 statements, were part of the routine processing 

23 or intake of the youth. 

24 ‘‘(B) Before or during a custodial interro25 gation, after having consulted with his or her 


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1 lawyer, the youth unambiguously declared on 

2 the recording that he or she would only respond 

3 to the officer’s questions if his or her state4 ments were not recorded. 

5 ‘‘(C) The custodial interrogation took place 

6 in another jurisdiction and was conducted by 

7 officials of that jurisdiction in compliance with 

8 the law of the jurisdiction. 

9 ‘‘(D) Exigent circumstances existed, which 

10 prevented the making of, or rendered it not fea11 sible to make, a recording of the custodial inter12 rogation. 

13 ‘‘(d) EXCEPTION RELATING TO STATEMENTS MADE

14 IN COURT.—A statement made by a youth in a custodial 

15 interrogation which would be inadmissable under sub16 section (b) may be admitted into evidence in a juvenile 

17 delinquency or criminal proceeding brought against the 

18 youth if the court finds the following: 

19 ‘‘(1) The statement was made before a grand 

20 jury or in court. 

21 ‘‘(2) The statement is admissible under applica22 ble rules of evidence. 

23 ‘‘(3) The prosecution has proven by clear and 

24 convincing evidence that the youth made the state25 ment voluntarily, and that such statement is reliable. 


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1 ‘‘(e) EXCEPTION RELATING TO STATEMENTS MADE

2 BY PRISONERS.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), a statement made by a youth in a custo5 dial interrogation which would be inadmissable 

6 under subsection (b) may be admitted into evidence 

7 in a juvenile delinquency or criminal proceeding 

8 brought against the youth if, at the time of making 

9 the statement, the youth was serving a term of im10 prisonment in a Federal prison or correctional insti11 tution. 

12 ‘‘(2) LIMITATION.—A statement described in 

13 paragraph (1) may not be admitted into evidence in 

14 a juvenile delinquency or criminal proceeding 

15 brought against the youth if the statement was 

16 made in relation to an investigation of a crime com17 mitted in the Federal prison or correctional institu18 tion. 

19 ‘‘(f) HANDLING AND PRESERVATION OF ELECTRONIC

20 RECORDINGS.—Recordings of custodial interrogations 

21 under this subsection shall be handled and preserved as 

22 follows: 

23 ‘‘(1) The recording shall be clearly identified 

24 and catalogued by law enforcement personnel. 


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1 ‘‘(2) If a juvenile delinquency or criminal pro2 ceeding is brought against a youth who was the sub3 ject of an electronically recorded custodial interroga4 tion, the recording shall be preserved by law enforce5 ment personnel until all appeals, post-conviction, and 

6 habeas corpus proceedings are final and concluded, 

7 or the time within which such proceedings must be 

8 brought has expired. 

9 ‘‘(3) If no juvenile delinquency or criminal pro10 ceeding is brought against a youth who has been the 

11 subject of a recorded custodial interrogation, the re12 lated recording shall be preserved by law enforce13 ment personnel until all applicable State and Fed14 eral statutes of limitations bar prosecution of the 

15 youth. 

16 ‘‘(g) STUDY AND REPORT.—Not later than 2 years 

17 after the date of enactment of this Act, and annually 

18 thereafter, the Attorney General shall submit to Congress 

19 a report that describes— 

20 ‘‘(1) the instances in which recorded interroga21 tions were introduced as evidence in a juvenile delin22 quency or criminal proceeding; 

23 ‘‘(2) the instances in which interrogations were 

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1 dence in a juvenile delinquency or criminal pro2 ceeding; 

3 ‘‘(3) the instances in which interrogations were 

4 recorded and a plea of guilty was entered and ac5 cepted by the court; and 

6 ‘‘(4) the instances in which interrogations were 

7 not recorded and a plea of guilty was entered and 

8 accepted by the court. 

9 ‘‘§ 5005. Ban on solitary confinement of youth 

10 ‘‘(a) PROHIBITION.—The placement of a youth in 

11 temporary separation for any purpose other than as a tem12 porary response to behavior of the individual that poses 

13 a serious and immediate risk of physical harm to that indi14 vidual or to others, is prohibited. 

15 ‘‘(b) LESS RESTRICTIVE TECHNIQUES.—Techniques 

16 that are less restrictive than temporary separation, includ17 ing de-escalation and intervention by facility employees, 

18 mental health professionals, and other youths shall be em19 ployed before the use of temporary separation. 

20 ‘‘(c) EXPLANATION.—Before or immediately after an 

21 individual is placed in temporary separation, an employee 

22 of the detention facility shall provide the individual with 

23 an explanation of the reasons for the temporary separation 

24 and under what circumstances it will end. 


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1 ‘‘(d) MAXIMUM TIME.—A youth shall not be placed 

2 in temporary separation for more than 3 hours and con3 secutive periods of temporary separation for the same epi4 sode of behavior are prohibited. 

5 ‘‘(e) RELEASE.—A youth shall be released from tem6 porary separation as soon as he or she no longer poses 

7 a risk of serious and immediate physical harm. If a youth 

8 continues to pose a risk of serious and immediate physical 

9 harm after being in temporary separation for 3 hours, the 

10 facility shall, prior to, or upon the conclusion of such 3- 

11 hour period, initiate a transfer to another facility that can 

12 provide necessary services without the use of temporary 

13 separation or refer the individual to a mental health facil14 ity that can provide necessary services, in which case the 

15 individual may remain in temporary separation pending 

16 such transfer. 

17 ‘‘(f) CONDITIONS.—The physical space used for tem18 porary separation shall— 

19 ‘‘(1) be at least 80 square feet, suicide-resist20 ant, and protrusion-free; 

21 ‘‘(2) have adequate lighting and ventilation; 

22 ‘‘(3) be kept at a reasonable temperature; and 

23 ‘‘(4) provide access to clean potable water, toi24 let facilities, and hygiene supplies. 


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1 ‘‘(g) SERVICES.—A youth placed in temporary sepa2 ration shall have access to appropriate medical and mental 

3 health services, and receive crisis intervention and one-on4 one observation. 

5 ‘‘§ 5006. Restrictions on shackling of youth 

6 ‘‘(a) IN GENERAL.—Instruments of restraint, such as 

7 handcuffs, chains, irons, straitjackets, or similar items, 

8 may not be used on a youth during a court proceeding 

9 and must be removed prior to the youth’s entry into a 

10 courtroom, unless the court finds that— 

11 ‘‘(1) the use of restraints is necessary— 

12 ‘‘(A) to prevent physical harm to the youth 

13 or another person; or 

14 ‘‘(B) to prevent the youth from fleeing the 

15 court; and 

16 ‘‘(2) a less restrictive alternative, such as the 

17 presence of additional court personnel, law enforce18 ment officers, or bailiffs, will not be sufficient to 

19 prevent the behavior described in subparagraphs (A) 

20 and (B) of paragraph (1). 

21 ‘‘(b) OPPORTUNITY TO RESPOND.—Before ordering 

22 the use of restraints, the court shall provide the youth with 

23 the opportunity to respond to any evidence presented 

24 under subsection (a). 


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1 ‘‘(c) CERTAIN SHACKLING PROHIBITED.—A court 

2 may not order the use of restraints that— 

3 ‘‘(1) restrict movement of the youth’s hands, 

4 such that the youth is unable to read and handle 

5 documents used during the court proceeding; or 

6 ‘‘(2) are fixed to a wall, the floor, or furniture. 

7 ‘‘§ 5007. Definitions 

8 ‘‘For purposes of this chapter: 

9 ‘‘(1) The term ‘custodial interrogation’ means 

10 questioning or other conduct by a law enforcement 

11 officer which is reasonably likely to elicit an incrimi12 nating response from an individual and occurs when 

13 reasonable individuals in the same circumstances 

14 would consider themselves in custody. 

15 ‘‘(2) The term ‘temporary separation’ means 

16 the involuntary restriction of an individual alone in 

17 a cell, room, or other area isolated away from all 

18 human contact except for the employees of the de19 tention facility. 

20 ‘‘(3) The term ‘youth’ means an individual who 

21 is 21 years of age or younger.’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

23 The table of sections for chapter 401 of title 18, United 

24 States Code, is amended by adding at the end the fol25 lowing: 

‘‘5004. Ban on solitary confinement of youth. 


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‘‘5005. Recording of custodial interrogations of youth. 

‘‘5006. Restrictions on shackling of youth. 

‘‘5007. Definitions.’’. 

1 (c) STUDY AND REPORT ON TEMPORARY SEPARA2 TION OF YOUTH IN FEDERAL FACILITIES.—Not later 

3 than 2 years after the date of enactment of this Act, and 

4 annually thereafter, the Attorney General shall submit to 

5 Congress a report that contains— 

6 (1) a detailed description of the types and con7 ditions of temporary separation used for Federal 

8 prisoners or detainees who are youths; 

9 (2) a list of the number of instances in which 

10 temporary separation was used for Federal prisoners 

11 or detainees who are youths, disaggregated by age, 

12 race, ethnicity, gender, and a description of the cir13 cumstances specific to each such instance, including 

14 the cause, length, and result. 

15 SEC. 5. YOUTH CUSTODIAL INTERROGATION RECORDING 

16 GRANTS. 

17 (a) Section 1001(a) of title I of the Omnibus Crime 

18 Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) 

19 is amended by adding at the end the following: 

20 ‘‘(27) There are authorized to be appropriated 

21 to carry out part LL such sums as may be necessary 

22 for each of the first 5 fiscal years beginning after 

23 the date of the enactment of such part.’’. 


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1 (b) Title I of the Omnibus Crime Control and Safe 

2 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 

3 by adding at the end the following: 

4 ‘‘PART LL—YOUTH CUSTODIAL INTERROGATION 

5 VIDEO RECORDING GRANTS 

6 ‘‘SEC. 3021. CUSTODIAL INTERROGATION VIDEO RECORD7 ING GRANTS. 

8 ‘‘(a) GRANT PROGRAM.—The Attorney General shall 

9 make grants to States and units of local government to 

10 take whatever steps the Attorney General determines to 

11 be necessary to achieve complete and accurate recording, 

12 by both audio and video means, of every custodial interro13 gation of a youth occurring within the State or unit of 

14 local government. 

15 ‘‘(b) MATCHING REQUIREMENT.—The portion of the 

16 costs of a program funded by a grant under this section 

17 may not exceed 75 percent. 

18 ‘‘(c) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ‘custodial interrogation’ means 

20 questioning or other conduct by a law enforcement 

21 officer which is reasonably likely to elicit an incrimi22 nating response from an individual and occurs when 

23 reasonable individuals in the same circumstances 

24 would consider themselves in custody. 


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1 ‘‘(2) The term ‘youth’ means an individual who 

2 is 21 years of age or younger.’’. 

3 SEC. 6. POLICE-YOUTH INTERACTIONS. 

4 (a) IN GENERAL.—Beginning after the end of the im5 plementation period, in the case of a State or unit of local 

6 government that received a grant award under subpart 1 

7 of part E of title I of the Omnibus Crime Control and 

8 Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), or 

9 under part Q of title I of such Act (42 U.S.C. 3796dd), 

10 if that State or unit of local government fails by the end 

11 of a fiscal year to substantially comply with the require12 ments of subsections (c) and (d), the Attorney General 

13 shall reduce the amount that would otherwise be awarded 

14 to that State of unit of government under such grant pro15 gram in the following fiscal year by 5 percent. 

16 (b) REALLOCATION.—Amounts not allocated under a 

17 program referred to in subsection (a) to a State for failure 

18 to be in compliance with this section shall be reallocated 

19 under the program to States that are in compliance with 

20 this section. 

21 (c) POLICE-YOUTH INTERACTION POLICY.—A State 

22 or unit of local government shall have in effect a policy 

23 establishing procedures, standards, and training on police24 youth interactions that are grounded in evidence-based 

25 practices and address, at a minimum, de-escalation, verbal 


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1 communication, physical contact, use of restraints, use of 

2 lethal and nonlethal force, notification of a parent or 

3 guardian, interviews and questioning, custodial interroga4 tion, searches, audio and video recording, conditions of 

5 custody, alternatives to arrest, diversion and community 

6 resources, referral to child protection agencies, removal 

7 from school grounds or campus, mental health and crisis 

8 intervention, and any needs specific to minority youth. 

9 (d) POLICE-YOUTH INTERACTION TRAINING.—A 

10 State or unit of local government shall have in effect a 

11 policy requiring all law enforcement officers to receive 

12 training on the police-youth interaction policy described in 

13 subsection (c), and on police-youth interaction and mental 

14 health crisis intervention generally, that is equal to the 

15 quality and number of hours of training received for fire16 arms and use of force, but not less than 12 hours at the 

17 start of employment and 6 hours annually thereafter. 

18 (e) GUIDANCE.—Not later than 1 year after the date 

19 of enactment of this Act, the Attorney General shall issue 

20 guidance on the establishment of police-youth interaction 

21 policies and training in order to assist States and local 

22 governments in complying with subsection (a). 

23 (f) IMPLEMENTATION PERIOD.—The term ‘‘imple24 mentation period’’ means the period beginning on the date 

25 of enactment of this Act and ending on the later of— 


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24 

•HR 3155 IH

1 (1) the date that is 1 year after the date of en2 actment of this Act; or 

3 (2) the date that is 1 year after the date on 

4 which the Attorney General issues the guidance re5 quired under subsection (e). 

6 The Attorney General may extend such period by an addi7 tional year not more than once. 

Æ 


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