Eliminating Debtor’s Prison for Kids Act of 2021
Bill: H.R.4744 | Sponsor: Rep. Cárdenas, Tony (D-CA)
Policy area: Transportation and Public Works

Summary:
Eliminating Debtor's Prison for Kids Act of 2021
This bill directs the Department of Justice to make grants for states to provide mental and behavioral health services to at-risk youth, including juveniles in secure detention facilities or secure correctional facilities in the state.
A state that receives a grant must (1) prohibit certain fees from being imposed on juvenile offenders or their parents or guardians; and (2) report, for inclusion in a national report, certain information about fines and fees imposed on adults and juveniles in the criminal justice system.

To establish a grant to provide mental health services and behavioral 
       health services to at-risk youth, 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 ``Eliminating Debtor's Prison for Kids 
Act of 2021''.

SEC. 2. YOUTH MENTAL HEALTH GRANT.

    (a) In General.--Beginning not later than 180 days after the date 
of enactment of this Act, the Attorney General shall carry out a 
program under which the Attorney General makes grants to eligible 
States for the purpose of providing evidence-based and trauma-informed 
mental and behavioral health services to at-risk youth, including 
juveniles in secure detention or correctional facilities in the State.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, a State shall--
            (1) certify to the Attorney General that the laws of the 
        State prohibit a juvenile offender or a parent or guardian of 
        such a juvenile from being ordered to pay probation supervision 
        fees or court administrative fees, including the cost of court-
        appointed attorneys or public defenders, the cost of 
        prosecution, or other administrative costs of the court;
            (2) certify to the Attorney General that the laws of the 
        State prohibit a parent or guardian of a juvenile offender from 
        paying child support or other costs for detention or post-
        adjudication placement to the State; and
            (3) submit to the Attorney General an application at such 
        time, in such manner, and containing such information as the 
        Attorney General may require.
    (c) Use of Funds.--A State that receives a grant under this section 
shall use the grant to provide evidence-based and trauma-informed 
mental and behavioral health services to at-risk juveniles, including 
juveniles in secure detention or correctional facilities in the State.
    (d) Contracts and Subgrants.--
            (1) In general.--A State may, in using a grant under this 
        section for purposes authorized by subsection (c), use all or a 
        portion of that grant to contract with or make one or more 
        subgrants to one or more units of local government.
            (2) Use of funds.--An entity that receives a contract or a 
        subgrant under this subsection may use such funds to provide 
        services or benefits described under subsection (c).
    (e) Information for Report.--A State that receives a grant under 
this section shall provide to an independent criminal justice 
organization, selected by the Attorney General, such information as is 
necessary to complete the report described in section 3.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $500,000,000 for each of fiscal 
years 2021 through 2025.

SEC. 3. NATIONAL REPORT.

    (a) Independent Report.--Not later than 18 months after the date of 
enactment of this Act, an independent criminal justice organization, 
selected by the Attorney General, shall submit to the Committee on the 
Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate a national report on fines and fees imposed on 
adults and juveniles in the criminal justice system, including--
            (1) information with respect to the monetary amount of 
        fines and fees imposed, including the race, ethnicity, tribal 
        affiliation, and other demographic data of the individuals upon 
        whom such fines and fees are imposed and the rate at which 
        individuals are reincarcerated within 1 year of release from a 
        secure detention facility or a secure correctional facility;
            (2) a description of each type of service for which a fee 
        is imposed;
            (3) a description of each type of charge for which a fine 
        is imposed;
            (4) a comparison of the average length of incarceration or 
        detention for individuals who are unable to pay a fine and the 
        average length of incarceration or detention for individuals 
        who are able to pay a fine based on the amount of the fine; and
            (5) a disclosure of the sum total of fines and fees 
        collected minus the cost to collect such sum.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000 for fiscal year 2021, 
which shall remain available until expended.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) At-risk youth.--The term ``at-risk youth'' means an 
        individual who--
                    (A) has not attained the age of 21; and
                    (B)(i) is likely to fail academically without 
                intervention, including an individual who--
                            (I) has a high truancy rate;
                            (II) has withdrawn from school previously;
                            (III) is not less than 1 year behind the 
                        appropriate grade level for an individual of 
                        the same age; or
                            (IV) has limited English language 
                        proficiency;
                    (ii) has a history of or is actively using drugs or 
                alcohol;
                    (iii) is pregnant or a parent;
                    (iv) is a gang member;
                    (v) is in contact with the juvenile justice system; 
                or
                    (vi) is homeless, has run away from home, or is in 
                foster care.
            (2) Evidence-based.--The term ``evidence-based'' has the 
        meaning given such term in section 103 of the Juvenile Justice 
        and Delinquency Prevention Act of 1974 (34 U.S.C. 11103).
            (3) Juvenile offender.--The term ``juvenile offender'' 
        means an individual--
                    (A) who has not attained the age of 21; and
                    (B)(i) against whom a petition is filed for the 
                adjudication of a delinquency offense under the laws of 
                a State or the United States; or
                    (ii) who has been adjudicated delinquent for a 
                delinquency offense under the laws of a State or the 
                United States.
            (4) Secure correctional facility.--The term ``secure 
        correctional facility'' has the meaning given such term in 
        section 103 of the Juvenile Justice and Delinquency Prevention 
        Act of 1974 (34 U.S.C. 11103).
            (5) Secure detention facility.--The term ``secure detention 
        facility'' has the meaning given such term in section 103 of 
        the Juvenile Justice and Delinquency Prevention Act of 1974 (34 
        U.S.C. 11103).
            (6) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the United States Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, and 
        any possession of the United States.
            (7) Trauma-informed.--The term ``trauma-informed'' has the 
        meaning given such term in section 103 of the Juvenile Justice 
        and Delinquency Prevention Act of 1974 (34 U.S.C. 11103).
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