,i #aaeth ,,congress #ast ,session ,h4 ,r4 #dg ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjag,ms4 ,jackson ,lee introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh to provide for the humane treatment of youths who are in police custody1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,effective and ,humane ,treatment of ,youth ,act of #bjag or ,kalief's ,law4 #b4 ,reauthorization of juvenile accountability block grants ,section #ahaj7;a7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;ee-#aj7;a77 is amended by inserting before the period at the end the following3 and such funds as may be necessary for each of fiscal years #bjah through #bjbb4 #c4 ,humane treatment of youth for grant eligibility 7a7 ,in general ,section #ahjb of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;ee-#b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,b71 by striking and at the end2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 assurances that the ,state and any unit of local government to which the ,state provides funding under section #ahjc7;b71 has in effect 7or shall have in effect1 not later than #a year after the date that the ,state submits such application7 laws1 or has implemented 7or shall implement1 not later than #a year after the date that the ,state submits such application7 policies and programs1 that provide for a right to speedy trial in accordance with subsection 7g71 timely bail consideration in accordance with subsection 7h71 and the restrictions on the use of temporary separation in accordance with subsection 7i74 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a77ii71 by striking and at the end2 and 7ii7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,b7 by adding at the end the following3 7,c7 such assurances as the ,state shall require1 that1 to the extent applicable1 the unit of local government has in effect 7or shall have in effect1 not later than #a year after the date that the unit submits such application7 laws1 or has implemented 7or shall implement1 not later than #a year after the date that the unit submits such application7 policies and programs1 that provide for a right to speedy trial in accordance with subsection 7g71 timely bail consideration in accordance with subsection 7h71 and the restrictions on the use of temporary separation in accordance with subsection 7i74 2 and 7#c7 by adding at the end the following3 7g7 ,right to speedy trial ,the requirements under this subsection relating to the right to a speedy trial for a youth are1 at a minimum1 that in the case of a youth who is held in custody1 charges in any criminal case are dismissed with prejudice not later than #fj days after the date on which the youth was arrested 7which shall be computed in accordance with section #cafa7;h7 of title #ah1 ,united ,states ,code71 if a trial has not commenced or there has not been an adjudication of the case on the merits4 ,for purposes of this subsection1 the determination of whether an individual is a youth shall be based on the individual's age at the time that the individual is taken into custody for the alleged criminal conduct4 7h7 ,right to ,timely ,bail ,consideration 7#a7 ,in general ,the requirements under this subsection relating to a youth's right to timely bail consideration are1 at a minimum1 that-- 7,a7 the youth receives an initial detention hearing not later than the second working day after being taken into custody1 except that-- 7i7 if the youth is taken into custody on a ,friday or ,saturday1 not later than one working day after being taken into custody2 or 7ii7 in the case of an arrest for a status offense1 not later than one working day after being taken into custody2 7,b7 in the case of a youth who is #ag years of age or younger1 the parent1 guardian or custodian of the youth receives from the court reasonable notice of the detention hearing if the parent1 guardian or custodian can be located2 7,c7 prior to any detention hearing1 the youth is advised of the right to counsel1 the right to have counsel appointed by the court if the youth is indigent1 and the procedure for the appointment of counsel2 7,d7 if at the initial detention hearing the youth does not have counsel1 the court shall appoint counsel before making a ruling on whether to release or continue detaining the youth2 7,e7 no statement made by the youth at any detention hearing is admissible against the youth at any other hearings or proceedings2 7,f7 if a youth is detained1 a detention hearing to review the release decision is held every #aj working days1 or every #ae working days if the youth is held outside the county of jurisdiction1 unless the youth waives review on the advice of counsel2 7,g7 there is a presumption of release at a detention hearing1 unless-- 7i7 the youth will be removed from the jurisdiction of the court prior to the next scheduled hearing2 7ii7 in the case of a youth who is #ag years of age or younger1 the youth lacks suitable and safe supervision1 care1 and protection from a parent1 guardian1 custodian1 or other person or agency2 or 7iii7 the youth may be a danger to himself or herself1 a threat to public safety1 or is likely to commit an offense if released1 and the court determines that such danger1 threat1 or likelihood cannot be overcome with appropriate supervision1 services1 or treatment2 and 7,h7 a detained youth who is not charged with a criminal offense at an initial detention hearing is released unless-- 7i7 in the case of a youth who is detained for delinquency1 a probation violation1 or a status offense1 the ,state brings a petition or formal charge against the youth not later than #ae working days after the initial detention decision2 7ii7 except as provided in clause 7i71 in the case of a youth who is detained for criminal conduct for which the maximum term of imprisonment is less than one year1 the ,state brings a formal charge against the youth not later than #cj working days after the initial detention decision2 or 7iii7 except as provided in clause 7i71 in the case of a youth who is detained for criminal conduct for which the maximum term of imprisonment is one year or greater1 the ,state brings a formal charge against the youth not later than #fj days after the initial detention decision4 7#b7 ,status as youth ,for purposes of this subsection1 the determination of whether an individual is a youth shall be based on the individual's age at the time that the individual is taken into custody for the alleged criminal conduct4 7#c7 ,definitions ,for the purpose of this subsection3 7,a7 ,the term detention hearing means a hearing-- 7i7 conducted by a duly appointed or elected judge or1 if a judge is not available1 a referee appointed for the purpose of conducting detention hearings2 and 7ii7 recorded at the request of any party4 7,b7 ,the term status offense means an offense which prohibits conduct only for youths and not for adults1 based on their age1 including truancy1 running away1 breach of curfew1 and age-based alcohol or drug offenses4 7i7 ,ban on the use of solitary confinement 7#a7 ,in general ,the requirements under this subsection relating to the restrictions on the use of temporary separation are1 at a minimum1 that-- 7,a7 temporary separation of a youth from the general population in a detention facility is not used for any purpose other than as a temporary response to behavior of the individual that poses a serious and immediate risk of physical harm to that individual or to others2 7,b7 a good faith effort to employ less restrictive techniques1 including de-escalation and intervention by facility employees1 mental health professionals1 and other youths must occur before the use of temporary separation2 7,c7 before or immediately after a youth is placed in temporary separation1 an employee of the detention facility provides the individual with an explanation of the reasons for the separation and under what circumstances it will end2 7,d7 the duration for which a youth is placed in temporary separation does not exceed #c hours1 and consecutive periods of temporary separation for the same episode of behavior are prohibited2 7,e7 a youth is released from temporary separation as soon as he or she no longer poses a risk of serious and immediate physical harm2 7,f7 in the case of a youth who continues to pose a risk of serious and immediate physical harm after being in temporary separation for #c hours1 prior to1 or upon the conclusion of such #c-;hour period1 the facility initiates a transfer to another facility that can provide necessary services without the use of temporary separation or refers the individual to a mental health facility that can provide necessary services1 in which case the individual may remain in temporary separation pending such transfer2 7,g7 the physical space used for temporary separation-- 7i7 is at least #hj square feet1 suicide-resistant1 and protrusion-free2 7ii7 has adequate lighting and ventilation2 7iii7 is kept at a reasonable temperature2 and 7iv7 provides access to clean potable water1 toilet facilities1 and hygiene supplies2 and 7,h7 a youth placed in temporary separation has access to appropriate medical and mental health services1 and receives crisis intervention and one-on-one observation4 7#b7 ,definition ,for the purpose of this subsection1 the term temporary separation means the involuntary restriction of an individual alone in a cell1 room1 or other area isolated away from all human contact except for the employees of the detention facility4 4 7b7 ,youth defined ,section #ahji of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;ee-#i7 is amended by at the end the following3 7#g7 ,youth ,the term youth means an individual who is #ba years of age or younger4 4 #d4 ,treatment of youth in ,federal prisons and correctional facilities 7a7 ,in general ,chapter #dja of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ejjd4 ,recording of custodial interrogations of youth 7a7 ,in general ,a custodial interrogation of a youth shall be electronically recorded in its entirety in audio and visual form1 except that if any part of the interrogation occurs outside of a place of detention1 an audio recording may be used4 ,if the interrogation occurs in a detention facility1 the camera shall show both the interrogator and the youth4 7b7 ,inadmissibility of statements not recorded ,except as provided in subsections 7c71 7d71 and 7e71 any statement made by a youth during a custodial interrogation that is not recorded in accordance with subsection 7a71 is inadmissible as evidence against the youth in any juvenile delinquency or criminal proceeding brought against the youth4 7c7 ,exceptions generally ,a statement made by a youth in a custodial interrogation that would be inadmissible under subsection 7b7 may be admitted into evidence in a criminal or juvenile delinquency proceeding brought against the youth if the court finds the following3 7#a7 ,the statement is admissible under the applicable rules of evidence4 7#b7 ,the prosecution has proven by clear and convincing evidence that the youth made the statement voluntarily1 and that such statement is reliable4 7#c7 ,the prosecution has proven by clear and convincing evidence that one or more of the following circumstances existed at the time of the custodial interrogation3 7,a7 ,the questions put forth by law enforcement personnel1 and the youth's responsive statements1 were part of the routine processing or intake of the youth4 7,b7 ,before or during a custodial interrogation1 after having consulted with his or her lawyer1 the youth unambiguously declared on the recording that he or she would only respond to the officer's questions if his or her statements were not recorded4 7,c7 ,the custodial interrogation took place in another jurisdiction and was conducted by officials of that jurisdiction in compliance with the law of the jurisdiction4 7,d7 ,exigent circumstances existed1 which prevented the making of1 or rendered it not feasible to make1 a recording of the custodial interrogation4 7d7 ,exception relating to statements made in court ,a statement made by a youth in a custodial interrogation which would be inadmissable under subsection 7b7 may be admitted into evidence in a juvenile delinquency or criminal proceeding brought against the youth if the court finds the following3 7#a7 ,the statement was made before a grand jury or in court4 7#b7 ,the statement is admissible under applicable rules of evidence4 7#c7 ,the prosecution has proven by clear and convincing evidence that the youth made the statement voluntarily1 and that such statement is reliable4 7e7 ,exception relating to statements made by prisoners 7#a7 ,in general ,except as provided in paragraph 7#b71 a statement made by a youth in a custodial interrogation which would be inadmissable under subsection 7b7 may be admitted into evidence in a juvenile delinquency or criminal proceeding brought against the youth if1 at the time of making the statement1 the youth was serving a term of imprisonment in a ,federal prison or correctional institution4 7#b7 ,limitation ,a statement described in paragraph 7#a7 may not be admitted into evidence in a juvenile delinquency or criminal proceeding brought against the youth if the statement was made in relation to an investigation of a crime committed in the ,federal prison or correctional institution4 7f7 ,handling and preservation of electronic recordings ,recordings of custodial interrogations under this subsection shall be handled and preserved as follows3 7#a7 ,the recording shall be clearly identified and catalogued by law enforcement personnel4 7#b7 ,if a juvenile delinquency or criminal proceeding is brought against a youth who was the subject of an electronically recorded custodial interrogation1 the recording shall be preserved by law enforcement personnel until all appeals1 post-conviction1 and habeas corpus proceedings are final and concluded1 or the time within which such proceedings must be brought has expired4 7#c7 ,if no juvenile delinquency or criminal proceeding is brought against a youth who has been the subject of a recorded custodial interrogation1 the related recording shall be preserved by law enforcement personnel until all applicable ,state and ,federal statutes of limitations bar prosecution of the youth4 7g7 ,study and report ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall submit to ,congress a report that describes-- 7#a7 the instances in which recorded interrogations were introduced as evidence in a juvenile delinquency or criminal proceeding2 7#b7 the instances in which interrogations were not recorded but were nonetheless introduced as evidence in a juvenile delinquency or criminal proceeding2 7#c7 the instances in which interrogations were recorded and a plea of guilty was entered and accepted by the court2 and 7#d7 the instances in which interrogations were not recorded and a plea of guilty was entered and accepted by the court4 #ejje4 ,ban on solitary confinement of youth 7a7 ,prohibition ,the placement of a youth in temporary separation for any purpose other than as a temporary response to behavior of the individual that poses a serious and immediate risk of physical harm to that individual or to others1 is prohibited4 7b7 ,less restrictive techniques ,techniques that are less restrictive than temporary separation1 including de-escalation and intervention by facility employees1 mental health professionals1 and other youths shall be employed before the use of temporary separation4 7c7 ,explanation ,before or immediately after an individual is placed in temporary separation1 an employee of the detention facility shall provide the individual with an explanation of the reasons for the temporary separation and under what circumstances it will end4 7d7 ,maximum time ,a youth shall not be placed in temporary separation for more than #c hours and consecutive periods of temporary separation for the same episode of behavior are prohibited4 7e7 ,release ,a youth shall be released from temporary separation as soon as he or she no longer poses a risk of serious and immediate physical harm4 ,if a youth continues to pose a risk of serious and immediate physical harm after being in temporary separation for #c hours1 the facility shall1 prior to1 or upon the conclusion of such #c-;hour period1 initiate a transfer to another facility that can provide necessary services without the use of temporary separation or refer the individual to a mental health facility that can provide necessary services1 in which case the individual may remain in temporary separation pending such transfer4 7f7 ,conditions ,the physical space used for temporary separation shall-- 7#a7 be at least #hj square feet1 suicide-resistant1 and protrusion-free2 7#b7 have adequate lighting and ventilation2 7#c7 be kept at a reasonable temperature2 and 7#d7 provide access to clean potable water1 toilet facilities1 and hygiene supplies4 7g7 ,services ,a youth placed in temporary separation shall have access to appropriate medical and mental health services1 and receive crisis intervention and one-on-one observation4 #ejjf4 ,restrictions on shackling of youth 7a7 ,in general ,instruments of restraint1 such as handcuffs1 chains1 irons1 straitjackets1 or similar items1 may not be used on a youth during a court proceeding and must be removed prior to the youth's entry into a courtroom1 unless the court finds that-- 7#a7 the use of restraints is necessary-- 7,a7 to prevent physical harm to the youth or another person2 or 7,b7 to prevent the youth from fleeing the court2 and 7#b7 a less restrictive alternative1 such as the presence of additional court personnel1 law enforcement officers1 or bailiffs1 will not be sufficient to prevent the behavior described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7b7 ,opportunity ,to ,respond ,before ordering the use of restraints1 the court shall provide the youth with the opportunity to respond to any evidence presented under subsection 7a74 7c7 ,certain shackling prohibited ,a court may not order the use of restraints that-- 7#a7 restrict movement of the youth's hands1 such that the youth is unable to read and handle documents used during the court proceeding2 or 7#b7 are fixed to a wall1 the floor1 or furniture4 #ejjg4 ,definitions ,for purposes of this chapter3 7#a7 ,the term custodial interrogation means questioning or other conduct by a law enforcement officer which is reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody4 7#b7 ,the term temporary separation means the involuntary restriction of an individual alone in a cell1 room1 or other area isolated away from all human contact except for the employees of the detention facility4 7#c7 ,the term youth means an individual who is #ba years of age or younger4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #dja of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ejjd4 ,ban on solitary confinement of youth4 #ejje4 ,recording of custodial interrogations of youth4 #ejjf4 ,restrictions on shackling of youth4 #ejjg4 ,definitions4 4 7c7 ,study and report on temporary separation of youth in ,federal facilities ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall submit to ,congress a report that contains-- 7#a7 a detailed description of the types and conditions of temporary separation used for ,federal prisoners or detainees who are youths2 and 7#b7 a list of the number of instances in which temporary separation was used for ,federal prisoners or detainees who are youths1 disaggregated by age1 race1 ethnicity1 gender1 and a description of the circumstances specific to each such instance1 including the cause1 length1 and result4 #e4 ,youth custodial interrogation recording grants 7a7 ,in general ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgaa et seq47 is amended by adding at the end the following3 ,,mm ,youth ,custodial ,interrogation ,video ,recording ,grants #cjca4 ,custodial interrogation video recording grants 7a7 ,grant program ,the ,attorney ,general shall make grants to ,states and units of local government to take whatever steps the ,attorney ,general determines to be necessary to achieve complete and accurate recording1 by both audio and video means1 of every custodial interrogation of a youth occurring within the ,state or unit of local government4 7b7 ,matching requirement ,the portion of the costs of a program funded by a grant under this section may not exceed #ge percent4 7c7 ,definitions ,in this section3 7#a7 ,the term custodial interrogation means questioning or other conduct by a law enforcement officer which is reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody4 7#b7 ,the term youth means an individual who is #ba years of age or younger4 4 7b7 ,authorization of appropriations ,section #ajja7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgic7;a77 is amended by adding at the end the following3 7#bh7 ,there are authorized to be appropriated to carry out part ,,mm such sums as may be necessary for each of the first #e fiscal years beginning after the date of the enactment of such part4 4 #f4 ,police-youth interactions 7a7 ,in general ,beginning after the end of the implementation period1 in the case of a ,state or unit of local government that received a grant award under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq471 or under part ,q of title ,i of such ,act 7#db ,u4,s4,c4 #cgif;dd71 if that ,state or unit of local government fails by the end of a fiscal year to substantially comply with the requirements of subsections 7c7 and 7d71 the ,attorney ,general shall reduce the amount that would otherwise be awarded to that ,state or unit of government under such grant program in the following fiscal year by #e percent4 7b7 ,reallocation ,amounts not allocated under a program referred to in subsection 7a7 to a ,state for failure to be in compliance with this section shall be reallocated under the program to ,states that are in compliance with this section4 7c7 ,police-,youth ,interaction ,policy ,a ,state or unit of local government shall have in effect a policy establishing procedures1 standards1 and training on police-youth interactions that are grounded in evidence-based practices and address1 at a minimum1 de-escalation1 verbal communication1 physical contact1 use of restraints1 use of lethal and nonlethal force1 notification of a parent or guardian1 interviews and questioning1 custodial interrogation1 searches1 audio and video recording1 conditions of custody1 alternatives to arrest1 diversion and community resources1 referral to child protection agencies1 removal from school grounds or campus1 mental health and crisis intervention1 and any needs specific to minority youth4 7d7 ,police-,youth ,interaction ,training ,a ,state or unit of local government shall have in effect a policy requiring all law enforcement officers to receive training on the police-youth interaction policy described in subsection 7c71 and on police-youth interaction and mental health crisis intervention generally1 that is equal to the quality and number of hours of training received for firearms and use of force1 but not less than #ab hours at the start of employment and #f hours annually thereafter4 7e7 ,guidance ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall issue guidance on the establishment of police-youth interaction policies and training in order to assist ,states and local governments in complying with subsection 7a74 7f7 ,implementation period ,the term implementation period means the period beginning on the date of enactment of this ,act and ending on the later of-- 7#a7 the date that is #a year after the date of enactment of this ,act2 or 7#b7 the date that is #a year after the date on which the ,attorney ,general issues the guidance required under subsection 7e74 ,the ,attorney ,general may extend such period by an additional year not more than once4