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, a three-day maximum length of detention, and a plan for release.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 866 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 866

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 SENATE OF THE UNITED STATES

                April 6 (legislative day, April 4), 2017

  Mr. Casey (for himself and Mr. Paul) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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) in the matter preceding subparagraph (A), by 
                striking ``shall,'';
                    (B) in subparagraph (A)--
                            (i) in clause (i), by adding ``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; and
                    (C) by adding at the end the following:
                    ``(C) if a court determines that a juvenile should 
                be placed in a secure detention facility or secure 
                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 the juvenile has violated;
                                    ``(II) specifies the factual basis 
                                for determining that there is 
                                reasonable cause to believe that the 
                                juvenile has violated the order;
                                    ``(III) includes findings of fact 
                                to support a determination that there 
                                is no appropriate less restrictive 
                                alternative available to placing the 
                                juvenile in a secure detention facility 
                                or secure correctional 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 secure 
                                correctional facility;
                                    ``(V) includes a plan for the 
                                release of the juvenile from the secure 
                                detention facility or secure 
                                correctional facility; and
                                    ``(VI) may not be renewed or 
                                extended; and
                            ``(ii) the court may not issue a 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 
                a juvenile held in a secure detention facility or 
                secure correctional facility pursuant to a court order 
                described in subparagraph (C)(i) does not remain in a 
                secure detention facility or secure correctional 
                facility 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; and
                    ``(E) a juvenile status offender held in a secure 
                detention facility or secure correctional facility 
                pursuant to a court order described in subparagraph 
                (C)(i) may only be held in a secure detention facility 
                or secure correctional facility 1 time in any 6-month 
                period, provided that the conditions set forth in 
                subparagraph (C) are satisfied.''; and
            (2) by adding at the end the following:
    ``(g) Additional Requirement.--Not later than 1 year after the date 
of enactment of this subsection, no State receiving a formula grant 
under this part may use a valid court order described in subsection 
(a)(11)(A)(ii) to place a juvenile status offender in a secure 
detention facility or secure correctional facility. A State that can 
demonstrate hardship as determined by the Administrator may submit to 
the Administrator an application for a single 1-year extension to 
comply with the requirement described in this subsection, which shall 
describe--
            ``(1) the measurable progress and good faith effort in the 
        State to reduce the number of juvenile status offenders who are 
        placed in a secure detention facility or correctional facility 
        pursuant to a court order described in subsection 
        (a)(11)(A)(ii); and
            ``(2) a plan to comply with the requirement described in 
        this subsection not later than 1 year after the date the 
        extension is granted.''.
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