Childhood Offenders Rehabilitation and Safety Act of 2021
Bill: H.R.2908 | Sponsor: Rep. Bass, Karen (D-CA)
Policy area: Crime and Law Enforcement

Summary:
Childhood Offenders Rehabilitation and Safety Act of 2021
This bill limits the application of federal criminal law with respect to juvenile offenders, expands the publication of statistics related to juvenile offenders, and authorizes grants to support collaboration between state child-welfare and juvenile-justice agencies to address the needs of children who come into contact with both systems.

To amend title 18, United States Code, to account for the age of 
certain juvenile offenders and to amend title IV of the Social Security 
   Act to allow the Secretary of Health and Human Services to award 
competitive grants to enhance collaboration between State child welfare 
         and juvenile justice systems, 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 ``Childhood Offenders Rehabilitation 
and Safety Act of 2021''.

SEC. 2. AMENDMENTS.

    (a) Definitions.--Section 5031 of title 18, United States Code, is 
amended--
            (1) by striking ``person who'' and inserting ``person who 
        is at least twelve years of age that has not attained their'';
            (2) by striking ``not attained'' and inserting ``not 
        attained their''; and
            (3) by striking ``committed by a person prior to'' and 
        inserting ``committed by a person who has reached their twelfth 
        birthday but prior to their''.
    (b) Delinquency Proceedings in District Courts; Transfer for 
Criminal Prosecution.--Section 5032 of title 18, United States Code, is 
amended--
            (1) by striking ``fifteen'' and inserting ``sixteen'';
            (2) by striking ``fifteenth birthday'' and inserting 
        ``their sixteenth birthday'';
            (3) by striking `` In the application of the preceding 
        sentence, if the crime of violence is an offense under section 
        113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile 
        possessed a firearm during the offense, section 2111, 2113, 
        2241(a), or 2241(c), ``thirteen'' shall be substituted for 
        ``fifteen'' and ``thirteenth'' shall be substituted for 
        ``fifteenth''.'';
            (4) by striking ``However, a juvenile who is alleged to 
        have committed an act after his sixteenth birthday which if 
        committed by an adult would be a felony offense that has as an 
        element thereof the use, attempted use, or threatened use of 
        physical force against the person of another, or that, by its 
        very nature, involves a substantial risk that physical force 
        against the person of another may be used in committing the 
        offense, or would be an offense described in section 32, 81, 
        844(d), (e), (f), (h), (i) or 2275 of this title, subsection 
        (b)(1)(A), (B), or (C), (d), or (e) of section 401 of the 
        Controlled Substances Act, or section 1002(a), 1003, 1009, or 
        1010(b)(1), (2), or (3) of the Controlled Substances Import and 
        Export Act (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2), (3)), 
        and who has previously been found guilty of an act which if 
        committed by an adult would have been one of the offenses set 
        forth in this paragraph or an offense in violation of a State 
        felony statute that would have been such an offense if a 
        circumstance giving rise to Federal jurisdiction had existed, 
        shall be transferred to the appropriate district court of the 
        United States for criminal prosecution.'';
            (5) by striking ``social background of the juvenile'' and 
        inserting ``social background of the juvenile; the juvenile's 
        prior exposure to adverse childhood experiences, childhood 
        trauma, and involvement in the child welfare system;'';
            (6) by striking ``behavioral problems'' and inserting 
        ``juvenile's behavioral problems; the rehabilitative potential 
        of the juvenile within the juvenile system; and the best 
        interest of the child'';
            (7) by striking ``leadership role'' and inserting 
        ``juvenile's level of participation in the offense'';
            (8) by striking ``in an organization, or otherwise 
        influenced other persons to take part in criminal activities, 
        involving the use or distribution of controlled substances or 
        firearms. Such a factor, if found to exist, shall weigh in 
        favor of a transfer to adult status, but the absence of this 
        factor shall not preclude such a transfer'';
            (9) by striking ``juvenile, his parents'' and inserting 
        ``juvenile, their parents''; and
            (10) by striking ``custodian and to his counsel'' and 
        ``custodian and to their counsel''.
    (c) Commitment.--Section 5039 of title 18, United States Code, is 
amended--
            (1) by striking ``or correctional institution in which he 
        has regular contact with adults incarcerated because they have 
        been convicted of a crime or are awaiting trial on criminal 
        charges'' and inserting ``, correctional institution, or 
        prison''; and
            (2) by striking ``near'' and insert ``near their''.
    (d) Murder.--Section 1111 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d) A person who was under the age of 18 at the time of the 
perpetration or attempted perpetration of a crime listed under 
subsection (a) in which the death of a human being occurs is liable for 
murder only if one of the following is proven:
            ``(1) the person who intentionally or knowingly causes the 
        death of another person; or
            ``(2) the person was not the actual killer, but, with the 
        intent to kill, aided, abetted, counseled, commanded, induced, 
        solicited, requested, or assisted the actual killer in the 
        commission of the unlawful killing of another human being.
```A person who is not liable for murder under subsection (a) shall be 
sentenced in accordance with the crime they committed or attempted to 
commit.'.''.

SEC. 3. STATISTICS, DATA, AND RESEARCH ON INCARCERATED CHILDREN AND 
              PERSONS CONVICTED OF CRIMES AS CHILDREN.

    (a) Comprehensive Statistical Review.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Bureau of Justice Statistics of 
        the Department of Justice (in this section referred to as the 
        ``Bureau'') shall publish, for each calendar year, a 
        comprehensive statistical review and analysis of children under 
        eighteen years of age who are subject to adjudication, 
        prosecution, and incarceration by the federal government. The 
        statistical review and analysis shall include the following:
                    (A) The number of children adjudicated delinquent 
                in the calendar year and the offenses they were 
                adjudicated for.
                    (B) The number of children transferred to district 
                court for criminal prosecution in the calendar year and 
                the offenses they charged with.
                    (C) The number of children convicted in district 
                court in the calendar year and the offenses they were 
                convicted of.
                    (D) The average age of the children at the time of 
                the commission of the offense.
                    (E) The age of the child at the time of 
                adjudication or conviction.
                    (F) Demographic information, including race, 
                ethnicity, nationality, disability, gender, sex, and 
                gender identity of each child.
                    (G) The number of children in Federal custody who 
                are being detained, housed, or incarcerated more than 
                100 miles from the jurisdiction where they were 
                adjudicated or convicted in.
                    (H) The length of time or sentence each child in 
                Federal custody has been ordered to serve for their 
                corresponding offense.
                    (I) The number of people incarcerated in Federal 
                custody for crimes they committed as children.
                    (J) Demographic information, including race, 
                ethnicity, nationality, disability, gender, sex, gender 
                identity, current age, as well as age at the time of 
                the offense for each person who is currently 
                incarcerated in Federal custody for crimes they 
                committed as children.
                    (K) The number of people in Federal custody for 
                crimes they committed as children who are incarcerated 
                more than 100 miles from the jurisdiction they were 
                adjudicated or convicted in.
                    (L) The offense and corresponding sentence each 
                person in Federal custody is serving for the crime they 
                committed as a child.

SEC. 4. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ENHANCE COLLABORATION 
              BETWEEN STATE CHILD WELFARE AND JUVENILE JUSTICE SYSTEMS.

    (a) Short Title.--This section may be cited as the ``Childhood 
Outcomes Need New Efficient Community Teams'' or the ``CONNECT Act''.
    (b) In General.--Section 436 of the Social Security Act (42 U.S.C. 
629f) is amended by adding at the end the following new subsection:
    ``(d) Authority To Award Grants to States To Enhance Collaboration 
Between State Child Welfare and Juvenile Justice Systems.--
            ``(1) Purpose.--The purpose of the subsection is to 
        authorize the Secretary to make grants to State child welfare 
        and juvenile justice agencies to collaborate in the collection 
        of data relating to children excluded from juvenile 
        adjudication by age (under age of 12 and over the age of 15 
        years old), child survivors of commercial sexual exploitation, 
        dual status youth (children in both foster care and juvenile 
        justice systems), and cross over children (children that cross 
        between the foster care and juvenile justice systems) and to 
        develop practices, policies, and protocols to confront the 
        challenges presented and experienced by these children and 
        their families.
            ``(2) Authority to award grants.--
                    ``(A) In general.--The Secretary may award 
                competitive grants jointly to a State child welfare 
                agency and a State juvenile justice agency to 
                facilitate or enhance collaboration between the child 
                welfare and juvenile justice systems of the State in 
                order to carry out programs to address the needs of 
                children including those excluded from juvenile 
                adjudication by age (under age of 12 and over the age 
                of 15 years old), child survivors of commercial sexual 
                exploitation, dual status youth (children in both 
                foster care and juvenile justice systems), and cross 
                over children (children that cross between the foster 
                care and juvenile justice systems).
                    ``(B) Funding.--Any grants awarded under this 
                subsection shall be awarded from the amounts made 
                available under subsection (a) of this section, after 
                the application of subsection (b) of this section and 
                before the determination of allotments under section 
                433.
                    ``(C) Length of grants.--
                            ``(i) In general.--A grant shall be awarded 
                        under this subsection for a period of not less 
                        than 2, and not more than 5, fiscal years, 
                        subject to clause (ii).
                            ``(ii) Extension of grant.--On application 
                        of the grantee, the Secretary may extend for 
                        not more than 2 fiscal years the period for 
                        which a grant is awarded under this subsection.
            ``(3) Additional requirements.--
                    ``(A) Application.--In order for a State to be 
                eligible for a grant under this subsection, it shall 
                submit an application, to be approved by the Secretary, 
                that includes--
                            ``(i) a description of the proposed 
                        leadership collaboration group (including the 
                        membership of such group), and how such group 
                        will manage and oversee a review and analysis 
                        of current practices while working to jointly 
                        address enhanced practices to improve outcomes 
                        for children excluded from juvenile 
                        adjudication by age (under age of 12 and over 
                        the age of 15 years old), child survivors of 
                        commercial sexual exploitation, dual status 
                        youth (children in both foster care and 
                        juvenile justice systems), and cross over 
                        children (children that cross between the 
                        foster care and juvenile justice systems);
                            ``(ii) a description of how the State 
                        proposes to--
                                    ``(I) identify any eligible 
                                children;
                                    ``(II) identify individuals who are 
                                at risk of becoming eligible children;
                                    ``(III) identify common 
                                characteristics shared by any eligible 
                                children in the State; and
                                    ``(IV) determine the prevalence of 
                                children excluded from juvenile 
                                adjudication by age (under age of 12 
                                and over the age of 15 years old), 
                                child survivors of commercial sexual 
                                exploitation, dual status youth 
                                (children in both foster care and 
                                juvenile justice systems), and cross 
                                over children (children that cross 
                                between the foster care and juvenile 
                                justice systems) in the State;
                            ``(iii) a description of current and 
                        proposed practices and procedures that the 
                        State intends to use to--
                                    ``(I) screen and assess children 
                                excluded from juvenile adjudication by 
                                age (under age of 12 and over the age 
                                of 15 years old), child survivors of 
                                commercial sexual exploitation, dual 
                                status youth (children in both foster 
                                care and juvenile justice systems), and 
                                cross over children (children that 
                                cross between the foster care and 
                                juvenile justice systems) for risks and 
                                treatment needs;
                                    ``(II) provide targeted and 
                                evidence-based services, including 
                                educational, behavioral health, and 
                                pro-social treatment interventions for 
                                children excluded from juvenile 
                                adjudication by age (under age of 12 
                                and over the age of 15 years old), 
                                child survivors of commercial sexual 
                                exploitation, dual status youth 
                                (children in both foster care and 
                                juvenile justice systems), and cross 
                                over children (children that cross 
                                between the foster care and juvenile 
                                justice systems); and
                                    ``(III) provide for a lawful 
                                process to enhance or ensure the 
                                abilities of the State and any relevant 
                                agencies to share information and data 
                                about children excluded from juvenile 
                                adjudication by age (under age of 12 
                                and over the age of 15 years old), 
                                child survivors of commercial sexual 
                                exploitation, dual status youth 
                                (children in both foster care and 
                                juvenile justice systems), and cross 
                                over children (children that cross 
                                between the foster care and juvenile 
                                justice systems) while maintaining 
                                confidentiality and privacy protections 
                                under State and Federal law; and
                            ``(iv) a certification that the State has 
                        involved local governments, including tribal 
                        governments, as appropriate, in the 
                        development, expansion, modification, 
                        operation, or improvement of proposed policy 
                        and practice reforms to address the needs of 
                        children excluded from juvenile adjudication by 
                        age (under age of 12 and over the age of 15 
                        years old), child survivors of commercial 
                        sexual exploitation, dual status youth 
                        (children in both foster care and juvenile 
                        justice systems), and cross over children 
                        (children that cross between the foster care 
                        and juvenile justice systems).
                    ``(B) No supplantation of other funds.--Any amounts 
                paid to a State under a grant under this subsection 
                shall be used to supplement and not supplant other 
                State expenditures on any eligible children involved 
                with either the child welfare or juvenile justice 
                systems.
                    ``(C) Report.--A State child welfare agency and a 
                State juvenile justice agency receiving a grant under 
                this subsection shall jointly submit to the Secretary 
                and to the Administrator of the Office of Juvenile 
                Justice and Delinquency Prevention of the Department of 
                Justice and the Administration for Children and 
                Families of the Department of Health and Human Services 
                a report on the activities carried out under the grant 
                at the end of each fiscal year during the period of the 
                grant. Such report shall include--
                            ``(i) a description of the scope and nature 
                        of the children excluded from juvenile 
                        adjudication by age (under age of 12 and over 
                        the age of 15 years old), child survivors of 
                        commercial sexual exploitation, dual status 
                        youth (children in both foster care and 
                        juvenile justice systems), and cross over 
                        children (children that cross between the 
                        foster care and juvenile justice systems) in 
                        the State, including the number of dual status 
                        youth;
                            ``(ii) a description of the evidence-based 
                        practices and procedures used by the agencies 
                        to carry out the activities described in 
                        subclauses (I) through (III) of subparagraph 
                        (A)(iii); and
                            ``(iii) an analysis of the effects of such 
                        practices and procedures, including information 
                        regarding--
                                    ``(I) the collection of data 
                                related to individual children;
                                    ``(II) aggregate data related to 
                                the eligible children population, 
                                including--
                                            ``(aa) characteristics of 
                                        children excluded from juvenile 
                                        adjudication by age (under age 
                                        of 12 and over the age of 15 
                                        years old), child survivors of 
                                        commercial sexual exploitation, 
                                        dual status youth (children in 
                                        both foster care and juvenile 
                                        justice systems), and cross 
                                        over children (children that 
                                        cross between the foster care 
                                        and juvenile justice systems) 
                                        in the State;
                                            ``(bb) case processing 
                                        timelines; and
                                            ``(cc) information related 
                                        to case management, the 
                                        provision of targeted services, 
                                        and placements within the 
                                        foster care or juvenile justice 
                                        system; and
                                    ``(III) the extent to which such 
                                practices and procedures have 
                                contributed to--
                                            ``(aa) higher educational 
                                        attainment for any eligible 
                                        children;
                                            ``(bb) fewer delinquency 
                                        referrals for children excluded 
                                        from juvenile adjudication by 
                                        age (under age of 12 and over 
                                        the age of 15 years old), child 
                                        survivors of commercial sexual 
                                        exploitation, dual status youth 
                                        (children in both foster care 
                                        and juvenile justice systems), 
                                        and cross over children 
                                        (children that cross between 
                                        the foster care and juvenile 
                                        justice systems);
                                            ``(cc) shorter stays in 
                                        intensive restrictive 
                                        placements for children 
                                        excluded from juvenile 
                                        adjudication by age (under age 
                                        of 12 and over the age of 15 
                                        years old), child survivors of 
                                        commercial sexual exploitation, 
                                        dual status youth (children in 
                                        both foster care and juvenile 
                                        justice systems), and cross 
                                        over children (children that 
                                        cross between the foster care 
                                        and juvenile justice systems); 
                                        or
                                            ``(dd) such other outcomes 
                                        for children excluded from 
                                        juvenile adjudication by age 
                                        (under age of 12 and over the 
                                        age of 15 years old), child 
                                        survivors of commercial sexual 
                                        exploitation, dual status 
                                        youths (children in both foster 
                                        care and juvenile justice 
                                        systems), and cross over 
                                        children (children that cross 
                                        between the foster care and 
                                        juvenile justice systems) as 
                                        the State child welfare agency 
                                        and State juvenile justice 
                                        agency may identify.
            ``(4) Training and technical assistance.--The Secretary may 
        support State child welfare agencies and State juvenile justice 
        agencies by offering a program, developed in consultation with 
        organizations and agencies with subject matter expertise, of 
        training and technical assistance to assist the agencies in 
        developing programs and protocols--
                    ``(A) to facilitate or enhance collaboration 
                between State child welfare agencies and State juvenile 
                justice agencies; and
                    ``(B) for effectively working with Federal agencies 
                and child welfare and juvenile justice agencies from 
                other States.
            ``(5) Report.--Not later than 3 years after the date of 
        enactment of this subsection, and every 3 years thereafter, the 
        Secretary and the Attorney General of the Department of Justice 
        shall jointly submit to the Committee on Finance and the 
        Committee on the Judiciary of the Senate and the Committee on 
        Ways and Means and the Committee on Education and the Workforce 
        of the House of Representatives, a report on the grants 
        provided under this subsection.
            ``(6) Definitions.--In this subsection:
                    ``(A) Commercial sexual exploitation.--The term 
                `commercial sexual exploitation' means crimes and 
                activities involving the sexual abuse or exploitation 
                of a person under age 18 for the financial benefit of 
                any person or in exchange for anything of value, 
                including monetary and non-monetary benefits, given or 
                received by any person.
                    ``(B) Dual status youth.--The term `dual status 
                youth' means a child who has come into contact with 
                both the child welfare and juvenile justice systems and 
                occupies various statuses in terms of the individual's 
                relationship to such systems.
                    ``(C) Leadership collaboration group.--The term 
                `leadership collaboration group' means a group composed 
                of senior officials from the State child welfare 
                agency, the State juvenile justice agency, and other 
                relevant youth and family-serving public agencies and 
                private organizations, including tribal nations, and to 
                the extent practicable, representatives from the State 
                judiciary branch.
                    ``(D) State juvenile justice agency.--The term 
                `State juvenile justice agency' means the agency of the 
                State or Indian tribe responsible for administering 
                grant funds awarded under the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et 
                seq.).
                    ``(E) State child welfare agency.--The term `State 
                child welfare agency' means the State agency 
                responsible for administering the program under subpart 
                1, or in the case of a tribal organization operating a 
                direct Title IV-B (SSA) program or a Title IV-B-funded 
                program through tribal-State agreement, or that is 
                receiving payments under section 428, the tribal agency 
                responsible for administering such program.''.
    (c) Conforming Amendment.--Subsections (b) and (c) of section 433 
of such Act (42 U.S.C. 633) are each amended by striking ``section 
436(b)'' and inserting ``subsections (b) and (c) of section 436''.
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