‘‘(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 com-
puted 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 
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‘‘(ii) in the case of an arrest for a sta-
tus 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 lo-
cated; 
‘‘(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 ap-
point counsel before making a ruling on wheth-
er 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 
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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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