Title: Prohibiting Detention of Youth Status Offenders Act of 2017
Policy area: Crime and Law Enforcement

Summary:
Prohibiting Detention of Youth Status Offenders Act of 2017
This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to modify the deinstitutionalization of status offenders (DSO) core requirement with which a state must comply to receive funds under the Formula Grant Program. The DSO core requirement prohibits the secure detention or confinement of a juvenile who commits a status offense (i.e., an offense that would not be a crime if committed by an adult).
This bill eliminates an exception to the DSO core requirement that permits the secure detention or confinement of an out-of-state runaway youth.
It also eliminates, not later than one year after enactment, an exception to the DSO core requirement that permits the secure detention or confinement of a juvenile status offender who violates a valid court order. Until then, use of the valid court order exception to securely detain or confine a juvenile status offender must comply with additional requirements, such as issuance of a written court order and a three-day maximum length of detention.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1885 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1885

To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
  eliminate the use of valid court orders to secure lockup of status 
                   offenders, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2017

 Mr. Cardenas (for himself, Mr. Cohen, Mr. Cummings, Mr. Ellison, Mr. 
Gutierrez, Mr. Khanna, Mr. Sean Patrick Maloney of New York, Ms. Moore, 
  Ms. Norton, Mr. Vargas, and Mr. Grijalva) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
  eliminate the use of valid court orders to secure lockup of status 
                   offenders, 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 ``Prohibiting Detention of Youth 
Status Offenders Act of 2017''.

SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS.

    Section 223 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5633) is amended--
            (1) in subsection (a)(11)--
                    (A) by striking ``shall'' the first place it 
                appears;
                    (B) in subparagraph (A)--
                            (i) in clause (i), by inserting ``and'' at 
                        the end;
                            (ii) in clause (ii), by striking ``and'' at 
                        the end;
                            (iii) by striking clause (iii); and
                            (iv) in the matter following clause (iii) 
                        by striking ``and'' at the end;
                    (C) in subparagraph (B), by inserting ``and'' at 
                the end; and
                    (D) by adding at the end the following:
                    ``(C) if a court determines the juvenile should be 
                placed in a secure detention facility or correctional 
                facility for violating an order described in 
                subparagraph (A)(ii)--
                            ``(i) the court shall issue a written order 
                        that--
                                    ``(I) identifies the valid court 
                                order that has been violated;
                                    ``(II) specifies the factual basis 
                                for determining that there is 
                                reasonable cause to believe that the 
                                juvenile has violated such order;
                                    ``(III) includes findings of fact 
                                to support a determination that there 
                                is no appropriate less restrictive 
                                alternative available to placing the 
                                juvenile in such a facility, with due 
                                consideration to the best interest of 
                                the juvenile;
                                    ``(IV) specifies the length of 
                                time, not to exceed 3 days, that the 
                                juvenile may remain in a secure 
                                detention facility or correctional 
                                facility, and includes a plan for the 
                                juvenile's release from such facility; 
                                and
                                    ``(V) may not be renewed or 
                                extended; and
                            ``(ii) the court may not issue a second or 
                        subsequent order described in clause (i) 
                        relating to a juvenile, unless the juvenile 
                        violates a valid court order after the date on 
                        which the court issues an order described in 
                        clause (i);
                    ``(D) there are procedures in place to ensure that 
                any juvenile held in a secure detention facility or 
                correctional facility pursuant to a court order 
                described in this paragraph does not remain in custody 
                longer than 3 days (with the exception of weekends and 
                holidays) or the length of time authorized by the 
                court, or authorized under applicable State law, 
                whichever is shorter;
                    ``(E) juvenile status offenders detained or 
                confined in a secure detention facility or correctional 
                facility pursuant to a court order as described in this 
                paragraph may only be detained in secure custody one 
                time in any six-month period, provided that all 
                conditions set forth in subparagraph (D) are satisfied; 
                and
                    ``(F) not later than one year after the date of 
                enactment of this subparagraph, with a single one-year 
                extension if the State can demonstrate hardship as 
                determined by the Administrator, the State will 
                eliminate the use of valid court orders as described in 
                subparagraph (A)(ii) to provide secure lockup of status 
                offenders;''; and
            (2) by adding at the end the following:
    ``(g) Applications for Extension for Compliance.--States may apply 
for a single one-year extension to comply with subsection (a)(11). To 
apply, a State must submit an application to the Administrator 
describing--
            ``(1) the State's measurable progress and good faith effort 
        to reduce the number of status offenders who are placed in a 
        secure detention facility or correctional facility pursuant to 
        a court order as described in this paragraph; and
            ``(2) the State's plan to come into compliance not later 
        than 1 year after the date of extension.''.
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