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 Opportuni-
ties, 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Violent Youth Predator
Act of 1996’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Today, no population poses a larger threat
to public safety than young adult criminals.
(2) While overall crime rates have decreased
modestly between 1992 and 1995, this general de-
cline masks an unprecedented surge of youth vio-
lence that has only begun to gather momentum.
Homicides by youths under 17 years of age tripled
between 1984 and 1994.
(3) Teenagers account for the largest portion of
all violent crime in the United States. Offenders
under the age of 21 commit more than 1⁄4 of all vio-
lent crime.
(4) The number of juveniles arrested for weap-
ons offenses has more than doubled in the last 10
years. Almost 1⁄4 of those arrested for weapons of-
fenses in 1993 were under the age of 18.
(5) The dramatic increase in youth crime over
the past decade occurred while the youth population
was declining. In contrast, this nation will soon have
more teenagers than it has had in decades. Today’s
enormous cohort of children under 10 years of age
will be tomorrow’s teenagers. By the year 2010, the
number of juveniles is expected to increase 30 per-
cent.
(6) Youth drug use is taking a sharp turn for
the worse; marijuana use by teenagers has nearly
doubled in the last 4 years.
(7) If national trends continue as they have
over the past 10 years, juvenile arrests for violent
crime will more than double by the year 2010. The
number of juveniles arrested for murder are ex-
pected to increase 145 percent over the 1992 level;
forcible rape arrests to increase by 66 percent; and
aggravated assault arrests by 129 percent.
(8) The challenges faced by law enforcement
will be unparalleled as the United States enters the
next century. The criminal justice system is simply
not prepared to face tomorrow’s wave of violent
young people. Revolving door justice and the failure
to hold criminals accountable for their crimes contin-
ues to plague the justice system, and particularly the
juvenile justice system.
(9) Only by taking decisive action now can
America prevent this wave of young people from
committing unprecedented numbers of violent crime.
TITLE 
I—FEDERAL 
PROSECU-
TION OF SERIOUS VIOLENT
JUVENILES
SEC. 101. DELINQUENCY PROCEEDINGS OR CRIMINAL
PROSECUTIONS IN DISTRICT COURTS.
Section 5032 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5032. Delinquency proceedings or criminal pros-
ecutions in district courts
‘‘(a)(1) A juvenile alleged to have committed an of-
fense against the United States or an act of juvenile delin-
quency may be surrendered to State authorities, but if not
so surrendered, shall be proceeded against as a juvenile
under this subsection or tried as an adult in the cir-
cumstances described in subsections (b) and (c).
‘‘(2) A juvenile may be proceeded against as a juve-
nile in a court of the United States under this subsection
if the Attorney General, after investigation, certifies to the
appropriate United States district court that—
‘‘(A) the juvenile court or other appropriate
court of a State does not have jurisdiction or de-
clines to assume jurisdiction over the juvenile with
respect to the alleged act of juvenile delinquency,
and
‘‘(B) there is a substantial Federal interest in
the case or the offense to warrant the exercise of
Federal jurisdiction.
‘‘(3) If the Attorney General does not so certify and
does not have authority to try such juvenile as an adult,
such juvenile shall be surrendered to the appropriate legal
authorities of such State.
‘‘(4) If a juvenile alleged to have committed an act
of juvenile delinquency is proceeded against as a juvenile
under this section, any proceedings against the juvenile
shall be in an appropriate district court of the United
States. For such purposes, the court may be convened at
any time and place within the district, in chambers or oth-
erwise. The Attorney General shall proceed by information
or as authorized by section 3401(g) of this title, and no
criminal prosecution shall be instituted except as provided
in this chapter.
‘‘(b) A juvenile shall be prosecuted as an adult—
‘‘(1) if the juvenile has requested in writing
upon advice of counsel to be prosecuted as an adult;
or
‘‘(2) if the juvenile is alleged to have committed
an act after the juvenile attains the age of 14 years
which if committed by an adult would be a serious
crime of violence or an offense described in section
‘‘(d) A determination to approve or not to approve,
or to institute or not to institute, a prosecution under sub-
section (b) or (c) shall not be reviewable in any court.
‘‘(e) In a prosecution under subsection (b) or (c),
other than one described in subsection (b)(2), the juvenile
may be prosecuted and convicted as an adult for any other
offense which is properly joined under the Federal Rules
of Criminal Procedure, and may also be convicted of a
lesser included offense.
‘‘(f) As used in this section—
‘‘(1) the term ‘State’ includes a State of the
United States, the District of Columbia, any com-
monwealth, territory, or possession of the United
States and, with regard to an act of juvenile delin-
quency that would have been a misdemeanor if com-
mitted by an adult, a federally recognized tribe; and
‘‘(2) the term ‘serious violent crime’ means a
Federal 
offense 
described 
in 
section
3559(c)(2)(F)(i).’’.
SEC. 102. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI-
CIAL OFFICER.
Section 5033 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5033. Custody prior to appearance before judicial
officer
‘‘(a) Whenever a juvenile is taken into custody, the
arresting officer shall immediately advise such juvenile of
the juvenile’s rights, in language comprehensible to a juve-
nile. The arresting officer shall promptly take reasonable
steps to notify the juvenile’s parents, guardian, or custo-
dian of such custody, of the rights of the juvenile, and
of the nature of the alleged offense.
‘‘(b) The juvenile shall be taken before a judicial offi-
cer without unreasonable delay.’’.
SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS TO
SECTION 5034.
Section 5034 of title 18, United States Code, is
amended—
(1) by striking ‘‘The’’ each place it appears at
the beginning of a paragraph and inserting ‘‘the’’;
(2) by striking ‘‘If’’ at the beginning of the 3rd
paragraph and inserting ‘‘if’’;
(3) by designating the 3 paragraphs as para-
graphs (1), (2), and (3), respectively; and
(4) by inserting at the beginning of such section
before those paragraphs the following: ‘‘In a pro-
ceeding under section 5032(a)—’’.
SEC. 104. DETENTION PRIOR TO DISPOSITION OR SENTENC-
ING.
Section 5035 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5035. Detention prior to disposition or sentencing
‘‘(a)(1) A juvenile prosecuted pursuant to subsection
(b) of section 5032, or a juvenile 15 years of age or older
prosecuted pursuant to subsection (c) of such section, if
detained at any time prior to sentencing, shall be detained
in such suitable place as the Attorney General may des-
ignate. Preference shall be given to a place located within,
or within a reasonable distance of, the district in which
the juvenile is being prosecuted.
‘‘(2) A juvenile less than 15 years of age prosecuted
pursuant to subsection (c) of section 5032, if detained at
any time prior to sentencing, shall be detained in a suit-
able juvenile facility located within, or within a reasonable
distance of, the district in which the juvenile is being pros-
ecuted. If such a facility is not available, such a juvenile
may be detained in any other suitable facility located with-
in, or within a reasonable distance of, such district. If no
such facility is available, such a juvenile may be detained
in any other suitable place as the Attorney General may
designate.
‘‘(3) To the maximum extent feasible, a juvenile less
than 15 years of age prosecuted pursuant to subsection
(c) of section 5032 shall not be detained prior to sentenc-
ing in any facility in which the juvenile has regular contact
with adult persons convicted of a crime or awaiting trial
on criminal charges.
‘‘(b) A juvenile proceeded against under section
5032(a) shall not be detained prior to disposition in any
facility in which the juvenile has regular contact with adult
persons convicted of a crime or awaiting trial on criminal
charges.
‘‘(c) Every juvenile who is detained prior to disposi-
tion or sentencing shall be provided with reasonable safety
and security and with adequate food, heat, light, sanitary
facilities, bedding, clothing, recreation, education, and
medical care, including necessary psychiatric, psycho-
logical, or other care and treatment.’’.
SEC. 105. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is
amended by—
(1) striking ‘‘If an alleged delinquent’’ and in-
serting ‘‘If a juvenile proceeded against under sec-
tion 5032(a)’’;
(2) striking ‘‘thirty’’ and inserting ‘‘45’’; and
(3) striking ‘‘the court,’’ and all that follows
through the end of the section and inserting ‘‘the
court. The periods of exclusion under section
3161(h) of this title shall apply to this section.’’.
SEC. 106. DISPOSITION; AVAILABILITY OF INCREASED DE-
TENTION, FINES AND SUPERVISED RELEASE
FOR JUVENILE OFFENDERS.
(a) DISPOSITION.—Section 5037 of title 18, United
States Code, is amended to read as follows:
‘‘§ 5037. Disposition
‘‘(a) In a proceeding under section 5032(a), if the
court finds a juvenile to be a juvenile delinquent, the court
shall hold a hearing concerning the appropriate disposition
of the juvenile no later than 40 court days after the find-
ing of juvenile delinquency, unless the court has ordered
further study pursuant to subsection (e). A predisposition
report shall be prepared by the probation officer who shall
promptly provide a copy to the juvenile, the juvenile’s
counsel, and the attorney for the Government. Victim im-
pact information shall be included in the report, and vic-
tims, or in appropriate cases their official representatives,
shall be provided the opportunity to make a statement to
the court in person or present any information in relation
to the disposition. After the dispositional hearing, and
after considering possible sanctions established pursuant
to subsection (f), the court shall impose an appropriate
sanction, including the ordering of restitution pursuant to
section 3556 of this title. With respect to release or deten-
tion pending an appeal or a petition for a writ of certiorari
after disposition, the court shall proceed pursuant to the
provisions of chapter 207.
‘‘(b) The term for which probation may be ordered
for a juvenile found to be a juvenile delinquent may not
extend beyond the maximum term that would be author-
ized by section 3561(c) if the juvenile had been tried and
convicted as an adult. Sections 3563, 3564, and 3565 are
applicable to an order placing a juvenile on probation.
‘‘(c) The term for which official detention may be or-
dered for a juvenile found to be a juvenile delinquent may
not extend beyond the lesser of—
‘‘(1) the maximum term of imprisonment that
would be authorized if the juvenile had been tried
and convicted as an adult;
‘‘(2) ten years; or
‘‘(3) the date when the juvenile becomes twen-
ty-six years old.
Section 3624 is applicable to an order placing a juvenile
in detention.
‘‘(d) The term for which supervised release may be
ordered for a juvenile found to be a juvenile delinquent
may not extend beyond 5 years. Subsections (c) through
(i) of sections 3583 apply to an order placing a juvenile
on supervised release.
‘‘(e) If the court desires more detailed information
concerning a juvenile alleged to have committed an act of
juvenile delinquency or a juvenile adjudicated delinquent,
it may commit the juvenile, after notice and hearing at
which the juvenile is represented by counsel, to the custody
of the Attorney General for observation and study by an
appropriate agency or entity. Such observation and study
shall be conducted on an outpatient basis, unless the court
determines that inpatient observation and study are nec-
essary to obtain the desired information. In the case of
an alleged juvenile delinquent, inpatient study may be or-
dered only with the consent of the juvenile and the juve-
nile’s attorney. The agency or entity shall make a study
of all matters relevant to the alleged or adjudicated delin-
quent behavior and the court’s inquiry. The Attorney Gen-
eral shall submit to the court and the attorneys for the
juvenile and the Government the results of the study with-
in 30 days after the commitment of the juvenile, unless
the court grants additional time. Time spent in custody
under this subsection shall be excluded for purposes of sec-
tion 5036.
‘‘(f) The Attorney General shall develop a list of pos-
sible sanctions for juveniles adjudicated delinquent. Such