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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4123 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4123

To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
  eliminate the use of valid court orders to secure lockup of status 
                   offenders, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2014

 Mr. Cardenas (for himself, Mr. Vargas, Mr. Grijalva, Mr. Rangel, Mr. 
 Scott of Virginia, and Mr. Danny K. Davis of Illinois) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL

 
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
  eliminate the use of valid court orders to secure lockup of status 
                   offenders, 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 ``Prohibiting Detention of Youth 
Status Offenders Act of 2014''.

SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS.

    Section 223 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5633) is amended--
            (1) in subsection (a)(11)--
                    (A) by striking ``shall'' the first place it 
                appears;
                    (B) in subparagraph (A)--
                            (i) in clause (i), by inserting ``and'' at 
                        the end;
                            (ii) in clause (ii), by striking ``and'' at 
                        the end;
                            (iii) by striking clause (iii); and
                            (iv) in the matter following clause (iii) 
                        by striking ``and'' at the end;
                    (C) in subparagraph (B), by striking ``and'' at the 
                end; and
                    (D) by adding at the end the following:
                    ``(C) if a court determines the juvenile should be 
                placed in a secure detention facility or correctional 
                facility for violating an order described in 
                subparagraph (A)(ii)--
                            ``(i) the court shall issue a written order 
                        that--
                                    ``(I) identifies the valid court 
                                order that has been violated;
                                    ``(II) specifies the factual basis 
                                for determining that there is 
                                reasonable cause to believe that the 
                                juvenile has violated such order;
                                    ``(III) includes findings of fact 
                                to support a determination that there 
                                is no appropriate less restrictive 
                                alternative available to placing the 
                                juvenile in such a facility, with due 
                                consideration to the best interest of 
                                the juvenile;
                                    ``(IV) specifies the length of 
                                time, not to exceed 3 days, that the 
                                juvenile may remain in a secure 
                                detention facility or correctional 
                                facility, and includes a plan for the 
                                juvenile's release from such facility; 
                                and
                                    ``(V) may not be renewed or 
                                extended; and
                            ``(ii) the court may not issue a second or 
                        subsequent order described in clause (i) 
                        relating to a juvenile, unless the juvenile 
                        violates a valid court order after the date on 
                        which the court issues an order described in 
                        clause (i);
                    ``(D) there are procedures in place to ensure that 
                any juvenile held in a secure detention facility or 
                correctional facility pursuant to a court order 
                described in this paragraph does not remain in custody 
                longer than 3 days (with the exception of weekends and 
                holidays) or the length of time authorized by the 
                court, or authorized under applicable State law, 
                whichever is shorter;
                    ``(E) juvenile status offenders detained or 
                confined in a secure detention facility or correctional 
                facility pursuant to a court order as described in this 
                paragraph may only be detained in secure custody one 
                time in any six-month period, provided that all 
                conditions set forth in subsection (D) are satisfied; 
                and
                    ``(F) not later than one year after the date of 
                enactment of this subparagraph, with a single one-year 
                extension if the State can demonstrate hardship as 
                determined by the Administrator, the State will 
                eliminate the use of valid court orders as described in 
                paragraph (A)(ii) to provide secure lockup of status 
                offenders;''; and
            (2) by adding at the end the following:
    ``(g) Applications for Extension for Compliance.--States may apply 
for a single one-year extension to comply with subsection (a)(11). To 
apply, State must submit an application to the Administrator 
describing--
            ``(1) the State's measurable progress and good faith effort 
        to reduce the number of status offenders who are placed in a 
        secure detention facility or correctional facility pursuant to 
        a court order as described in this paragraph; and
            ``(2) the State's plan to come into compliance not later 
        than 1 year after the date of extension.''.
                                 <all>
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