MERCY Act

Bill: 114-s-1965
Sponsor: full_name: Sen. Booker, Cory A. [D-NJ]
Introduced: 2015-08-05
Policy area: Crime and Law Enforcement
Subjects: Child health

Child safety and welfare

Correctional facilities and imprisonment

Detention of persons

Juvenile crime and gang violence

Mental health
Latest action: action_date: 2015-08-05
text: Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6387-6388)

Summaries:
action_date: 2015-08-05
action_desc: Introduced in Senate
text: <p><strong>Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act of 2015 or the MERCY Act</strong></p> <p>Amends the federal criminal code to prohibit the use of room confinement at a juvenile facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a covered juvenile's behavior that poses a serious and immediate risk of physical harm to any individual, including such juvenile.</p> <p>Defines: (1) "room confinement" as the involuntary placement of a juvenile alone in a cell, room, or other area; and (2) "covered juvenile" as a juvenile who is being proceeded against for an alleged act of juvenile delinquency or who has been adjudicated delinquent under such provisions, or who is being proceeded against as an adult in U.S. district court for an alleged criminal offense.</p> <p>Requires a staff member of a juvenile facility: (1) before placing a covered juvenile in room confinement, to attempt to use less restrictive techniques, including talking with the juvenile in an attempt to de-escalate the situation; and (2) upon deciding to place such juvenile in room confinement, to inform the juvenile of the reasons for the confinement and that release will occur immediately when the juvenile regains self-control or otherwise within either 3 hours if the juvenile poses a serious and immediate risk of physical harm to others or 30 minutes if the juvenile poses a risk of physical harm only to himself or herself.</p> <p>Requires that if a covered juvenile continues to pose a serious and immediate risk of physical harm after the applicable maximum period of confinement has expired: (1) the juvenile shall be transferred to another juvenile facility or internal location where services can be provided without relying on room confinement; or (2) if a qualified mental health professional believes the level of crisis service needed is not currently available, a staff member of the juvenile facility shall initiate a referral to a location that can meet the juvenile's needs.</p> <p>Prohibits the use of consecutive periods of room confinement to evade the spirit and purpose of this Act. </p>

tv_txt: II 114th CONGRESS 1st Session S. 1965 IN THE SENATE OF THE UNITED STATES August 5, 2015 Mr. Booker (for himself, Mr. Paul , Mr. Lee , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To place restrictions on the use of solitary confinement for juveniles in Federal custody.

1. Short title This Act may be cited as the Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act of 2015 or the MERCY Act . 2. Juvenile solitary confinement (a) In general Chapter 403 of title 18, United States Code, is amended by adding at the end the following: 5043. Juvenile solitary confinement (a) Definitions In this section— (1) the term covered juvenile means— (A) a juvenile who— (i) is being proceeded against under this chapter for an alleged act of juvenile delinquency; or (ii) has been adjudicated delinquent under this chapter; or (B) a juvenile who is being proceeded against as an adult in a district court of the United States for an alleged criminal offense; (2) the term juvenile facility means any facility where covered juveniles are— (A) committed pursuant to an adjudication of delinquency under this chapter; or (B) detained prior to disposition or conviction; and (3) the term room confinement means the involuntary placement of a covered juvenile alone in a cell, room, or other area for any reason. (b) Prohibition on room confinement in juvenile facilities (1) In general The use of room confinement at a juvenile facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a covered juvenile's behavior that poses a serious and immediate risk of physical harm to any individual, including the covered juvenile, is prohibited. (2) Juveniles posing risk of harm (A) Requirement to use least restrictive techniques (i) In general Before a staff member of a juvenile facility places a covered juvenile in room confinement, the staff member shall attempt to use less restrictive techniques, including— (I) talking with the covered juvenile in an attempt to de-escalate the situation; and (II) permitting a qualified mental health professional to talk to the covered juvenile. (ii) Explanation If, after attempting to use less restrictive techniques as required under clause (i), a staff member of a juvenile facility decides to place a covered juvenile in room confinement, the staff member shall first— (I) explain to the covered juvenile the reasons for the room confinement; and (II) inform the covered juvenile that release from room confinement will occur— (aa) immediately when the covered juvenile regains self-control, as described in subparagraph (B)(i); or (bb) not later than after the expiration of the time period described in subclause (I) or (II) of subparagraph (B)(ii), as applicable. (B) Maximum period of confinement If a covered juvenile is placed in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others, the covered juvenile shall be released— (i) immediately when the covered juvenile has sufficiently gained control so as to no longer engage in behavior that threatens serious and immediate risk of physical harm to himself or herself, or to others; or (ii) if a covered juvenile does not sufficiently gain control as described in clause (i), not later than— (I) 3 hours after being placed in room confinement, in the case of a covered juvenile who poses a serious and immediate risk of physical harm to others; or (II) 30 minutes after being placed in room confinement, in the case of a covered juvenile who poses a serious and immediate risk of physical harm only to himself or herself. (C) Risk of harm after maximum period of confinement If, after the applicable maximum period of confinement under subclause (I) or (II) of subparagraph (B)(ii) has expired, a covered juvenile continues to pose a serious and immediate risk of physical harm described in that subclause— (i) the covered juvenile shall be transferred to another juvenile facility or internal location where services can be provided to the covered juvenile without relying on room confinement; or (ii) if a qualified mental health professional believes the level of crisis service needed is not currently available, a staff member of the juvenile facility shall initiate a referral to a location that can meet the needs of the covered juvenile. (D) Spirit and purpose The use of consecutive periods of room confinement to evade the spirit and purpose of this subsection shall be prohibited. . (b) Technical and conforming amendment The table of sections for chapter 403 of title 18, United States Code, is amended by adding at the end the following: 5043. Juvenile solitary confinement. .