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, custo-
dian, 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 re-
leased, 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 de-
tained for delinquency, a probation viola-
tion, or a status offense, the State brings 
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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 work-
ing days after the initial detention deci-
sion; 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 great-
er, 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 indi-
vidual is a youth shall be based on the individual’s 
age at the time that the individual is taken into cus-
tody for the alleged criminal conduct. 
‘‘(3) DEFINITIONS.—For the purpose of this 
subsection: 
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‘‘(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 con-
ducting 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, includ-
ing truancy, running away, breach of curfew, 
and age-based alcohol or drug offenses. 
‘‘(i) BAN
ON
THE USE
OF SOLITARY CONFINE-
MENT.— 
‘‘(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 tem-
porary response to behavior of the individual 
that poses a serious and immediate risk of 
physical harm to that individual or to others; 
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‘‘(B) a good faith effort to employ less re-
strictive techniques, including de-escalation and 
intervention by facility employees, mental health 
professionals, and other youths must occur be-
fore 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 sepa-
ration 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 serv-
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ices 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 ven-
tilation; 
‘‘(iii) is kept at a reasonable tempera-
ture; and 
‘‘(iv) provides access to clean potable 
water, toilet facilities, and hygiene sup-
plies; and 
‘‘(H) a youth placed in temporary separa-
tion has access to appropriate medical and men-
tal health services, and receives crisis interven-
tion 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 
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human contact except for the employees of the de-
tention 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 indi-
vidual 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 fol-
lowing: 
‘‘§ 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 inter-
rogation 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 interro-
gator and the youth. 
‘‘(b) INADMISSIBILITY
OF STATEMENTS NOT RE-
CORDED.—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 sub-
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to the officer’s questions if his or her state-
ments 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 fea-
sible to make, a recording of the custodial inter-
rogation. 
‘‘(d) EXCEPTION RELATING TO STATEMENTS MADE 
IN COURT.—A statement made by a youth in a custodial 
interrogation which would be inadmissable under sub-
section (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 applica-
ble rules of evidence. 
‘‘(3) The prosecution has proven by clear and 
convincing evidence that the youth made the state-
ment voluntarily, and that such statement is reliable. 
‘‘(e) EXCEPTION RELATING TO STATEMENTS MADE 
BY PRISONERS.— 
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a statement made by a youth in a custo-
dial 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 im-
prisonment in a Federal prison or correctional insti-
tution. 
‘‘(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 com-
mitted in the Federal prison or correctional institu-
tion. 
‘‘(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 pro-
ceeding is brought against a youth who was the sub-
ject of an electronically recorded custodial interroga-
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tion, the recording shall be preserved by law enforce-
ment 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 pro-
ceeding is brought against a youth who has been the 
subject of a recorded custodial interrogation, the re-
lated recording shall be preserved by law enforce-
ment personnel until all applicable State and Fed-
eral 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 interroga-
tions were introduced as evidence in a juvenile delin-
quency or criminal proceeding; 
‘‘(2) the instances in which interrogations were 
not recorded but were nonetheless introduced as evi-
dence in a juvenile delinquency or criminal pro-
ceeding; 
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‘‘(3) the instances in which interrogations were 
recorded and a plea of guilty was entered and ac-
cepted 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. 
‘‘§ 5005. Ban on solitary confinement of youth 
‘‘(a) PROHIBITION.—The placement of a youth in 
temporary separation for any purpose other than as a tem-
porary response to behavior of the individual that poses 
a serious and immediate risk of physical harm to that indi-
vidual or to others, is prohibited. 
‘‘(b) LESS RESTRICTIVE TECHNIQUES.—Techniques 
that are less restrictive than temporary separation, includ-
ing de-escalation and intervention by facility employees, 
mental health professionals, and other youths shall be em-
ployed 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 con-
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secutive periods of temporary separation for the same epi-
sode of behavior are prohibited. 
‘‘(e) RELEASE.—A youth shall be released from tem-
porary 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 facil-
ity 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 tem-
porary separation shall— 
‘‘(1) be at least 80 square feet, suicide-resist-
ant, and protrusion-free; 
‘‘(2) have adequate lighting and ventilation; 
‘‘(3) be kept at a reasonable temperature; and 
‘‘(4) provide access to clean potable water, toi-
let facilities, and hygiene supplies. 
‘‘(g) SERVICES.—A youth placed in temporary sepa-
ration shall have access to appropriate medical and mental 
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health services, and receive crisis intervention and one-on- 
one observation. 
‘‘§ 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 enforce-
ment 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— 
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‘‘(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. 
‘‘§ 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 incrimi-
nating 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 de-
tention 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 fol-
lowing: 
‘‘5004. Ban on solitary confinement of youth. 
‘‘5005. Recording of custodial interrogations of youth. 
‘‘5006. Restrictions on shackling of youth. 
‘‘5007. Definitions.’’. 
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(c) STUDY AND REPORT ON TEMPORARY SEPARA-
TION 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 con-
ditions 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 cir-
cumstances 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 RECORD-
ING GRANTS. 
‘‘(a) GRANT PROGRAM.—The Attorney General shall 
make grants to States and units of local government to 
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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 interro-
gation 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 incrimi-
nating 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 nec-
essary for each of the first 5 fiscal years beginning 
after the date of the enactment of such part.’’. 
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SEC. 6. POLICE-YOUTH INTERACTIONS. 
(a) IN GENERAL.—Beginning after the end of the im-
plementation 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 require-
ments 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 pro-
gram 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 interroga-
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tion, 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 fire-
arms 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 ‘‘imple-
mentation 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 en-
actment of this Act; or 
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(2) the date that is 1 year after the date on 
which the Attorney General issues the guidance re-
quired under subsection (e). 
The Attorney General may extend such period by an addi-
tional year not more than once. 
Æ 
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