,i #aahth ,,congress #ast ,session ,h4 ,r4 #dgib ,,in ,,the ,,house ,,of ,,representatives ,july #bj1 #bjbc ,ms4 ,kamlager-,dove 7for herself1 ,mr4 ,crdenas1 and ,ms4 ,ross7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to account for the age of certain juvenile offenders and to amend title ,,iv of the ,social ,security ,act to allow the ,secretary of ,health and ,human ,services to award competitive grants to enhance collaboration between ,state child welfare and juvenile justice systems1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,childhood ,offenders ,rehabilitation and ,safety ,act of #bjbc4 #b4 ,amendments 7a7 ,definitions ,section #ejca of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking person who and inserting person who is at least twelve years of age that has not attained their2 7#b7 by striking not attained and inserting not attained their2 and 7#c7 by striking committed by a person prior to and inserting committed by a person who has reached their twelfth birthday but prior to their4 7b7 ,delinquency proceedings in district courts2 transfer for criminal prosecution ,section #ejcb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking fifteen and inserting sixteen2 7#b7 by striking fifteenth birthday and inserting their sixteenth birthday2 7#c7 by striking ,in the application of the preceding sentence1 if the crime of violence is an offense under section #aac7;a71 #aac7;b71 #aac7;c71 #aaaa1 #aaac1 or1 if the juvenile possessed a firearm during the offense1 section #baaa1 #baac1 #bbda7;a71 or #bbda7;c71 8thirteen0 shall be substituted for 8fifteen0 and 8thirteenth0 shall be substituted for 8fifteenth042 7#d7 by striking ,however1 a juvenile who is alleged to have committed an act after his sixteenth birthday which if committed by an adult would be a felony offense that has as an element thereof the use1 attempted use1 or threatened use of physical force against the person of another1 or that1 by its very nature1 involves a substantial risk that physical force against the person of another may be used in committing the offense1 or would be an offense described in section #cb1 #ha1 #hdd7;d71 7e71 7f71 7h71 7i7 or #bbge of this title1 subsection 7b77#a77;,a71 7,b71 or 7,c71 7d71 or 7e7 of section #dja of the ,controlled ,substances ,act1 or section #ajjb7;a71 #ajjc1 #ajji1 or #ajaj7;b77#a71 7#b71 or 7#c7 of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ieb7;a71 #iec1 #iei1 #ifj7;b77#a71 7#b71 7#c771 and who has previously been found guilty of an act which if committed by an adult would have been one of the offenses set forth in this paragraph or an offense in violation of a ,state felony statute that would have been such an offense if a circumstance giving rise to ,federal jurisdiction had existed1 shall be transferred to the appropriate district court of the ,united ,states for criminal prosecution42 7#e7 by striking social background of the juvenile and inserting social background of the juvenile2 the juvenile's prior exposure to adverse childhood experiences1 childhood trauma1 and involvement in the child welfare system22 7#f7 by striking behavioral problems and inserting juvenile's behavioral problems2 the rehabilitative potential of the juvenile within the juvenile system2 and the best interest of the child2 7#g7 by striking leadership role and inserting juvenile's level of participation in the offense2 7#h7 by striking in an organization1 or otherwise influenced other persons to take part in criminal activities1 involving the use or distribution of controlled substances or firearms4 ,such a factor1 if found to exist1 shall weigh in favor of a transfer to adult status1 but the absence of this factor shall not preclude such a transfer2 7#i7 by striking juvenile1 his parents and inserting juvenile1 their parents2 and 7#aj7 by striking custodian and to his counsel and custodian and to their counsel4 7c7 ,commitment ,section #ejci of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking or correctional institution in which he has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges and inserting 1 correctional institution1 or prison2 and 7#b7 by striking near and insert near their4 7d7 ,murder ,section #aaaa of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7d7 ,a person who was under the age of #ah at the time of the perpetration or attempted perpetration of a crime listed under subsection 7a7 in which the death of a human being occurs is liable for murder only if one of the following is proven3 7#a7 the person who intentionally or knowingly causes the death of another person2 or 7#b7 the person was not the actual killer1 but1 with the intent to kill1 aided1 abetted1 counseled1 commanded1 induced1 solicited1 requested1 or assisted the actual killer in the commission of the unlawful killing of another human being4 ,a person who is not liable for murder under subsection 7a7 shall be sentenced in accordance with the crime they committed or attempted to commit4 4 4 #c4 ,statistics1 data1 and research on incarcerated children and persons convicted of crimes as children 7a7 ,comprehensive statistical review 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,bureau of ,justice ,statistics of the ,department of ,justice 7in this section referred to as the ,bureau7 shall publish1 for each calendar year1 a comprehensive statistical review and analysis of children under eighteen years of age who are subject to adjudication1 prosecution1 and incarceration by the ,federal ,government4 ,the statistical review and analysis shall include the following3 7,a7 ,the number of children adjudicated delinquent in the calendar year and the offenses they were adjudicated for4 7,b7 ,the number of children transferred to district court for criminal prosecution in the calendar year and the offenses they were charged with4 7,c7 ,the number of children convicted in district court in the calendar year and the offenses they were convicted of4 7,d7 ,the average age of the children at the time of the commission of the offense4 7,e7 ,the age of the child at the time of adjudication or conviction4 7,f7 ,demographic information1 including race1 ethnicity1 nationality1 disability1 gender1 sex1 and gender identity of each child4 7,g7 ,the number of children in ,federal custody who are being detained1 housed1 or incarcerated more than #ajj miles from the jurisdiction where they were adjudicated or convicted in4 7,h7 ,the length of time or sentence each child in ,federal custody has been ordered to serve for their corresponding offense4 7,i7 ,the number of people incarcerated in ,federal custody for crimes they committed as children4 7,j7 ,demographic information1 including race1 ethnicity1 nationality1 disability1 gender1 sex1 gender identity1 current age1 as well as age at the time of the offense for each person who is currently incarcerated in ,federal custody for crimes they committed as children4 7,k7 ,the number of people in ,federal custody for crimes they committed as children who are incarcerated more than #ajj miles from the jurisdiction they were adjudicated or convicted in4 7,l7 ,the offense and corresponding sentence each person in ,federal custody is serving for the crime they committed as a child4 #d4 ,authority to award competitive grants to enhance collaboration between ,state child welfare and juvenile justice systems 7a7 ,short title ,this section may be cited as the ,childhood ,outcomes ,need ,new ,efficient ,community ,teams ,act or the ,,connect ,act4 7b7 ,in general ,section #dcf of the ,social ,security ,act 7#db ,u4,s4,c4 #fbi;f7 is amended by adding at the end the following new subsection3 7d7 ,authority ,to award grants to ,states ,to enhance collaboration between ,state child welfare and juvenile justice systems 7#a7 ,purpose ,the purpose of the subsection is to authorize the ,secretary to make grants to ,state child welfare and juvenile justice agencies to collaborate in the collection of data relating to children excluded from juvenile adjudication by age 7under age of #ab and over the age of #ae years old71 child survivors of commercial sexual exploitation1 dual status youth 7children in both foster care and juvenile justice systems71 and cross over children 7children that cross between the foster care and juvenile justice systems7 and to develop practices1 policies1 and protocols to confront the challenges presented and experienced by these children and their families4 7#b7 ,authority to award grants 7,a7 ,in general ,the ,secretary may award competitive grants jointly to a ,state child welfare agency and a ,state juvenile justice agency to facilitate or enhance collaboration between the child welfare and juvenile justice systems of the ,state in order to carry out programs to address the needs of children including those excluded from juvenile adjudication by age 7under age of #ab and over the age of #ae years old71 child survivors of commercial sexual exploitation1 dual status youth 7children in both foster care and juvenile justice systems71 and cross over children 7children that cross between the foster care and juvenile justice systems74 7,b7 ,funding ,any grants awarded under this subsection shall be awarded from the amounts made available under subsection 7a7 of this section1 after the application of subsection 7b7 of this section and before the determination of allotments under section #dcc4 7,c7 ,length of grants 7i7 ,in general ,a grant shall be awarded under this subsection for a period of not less than #b1 and not more than #e1 fiscal years1 subject to clause 7ii74 7ii7 ,extension of grant ,on application of the grantee1 the ,secretary may extend for not more than #b fiscal years the period for which a grant is awarded under this subsection4 7#c7 ,additional requirements 7,a7 ,application ,in order for a ,state to be eligible for a grant under this subsection1 it shall submit an application1 to be approved by the ,secretary1 that includes-- 7i7 a description of the proposed leadership collaboration group 7including the membership of such group71 and how such group will manage and oversee a review and analysis of current practices while working to jointly address enhanced practices to improve outcomes for children excluded from juvenile adjudication by age 7under age of #ab and over the age of #ae years old71 child survivors of commercial sexual exploitation1 dual status youth 7children in both foster care and juvenile justice systems71 and cross over children 7children that cross between the foster care and juvenile justice systems72 7ii7 a description of how the ,state proposes to-- 7,i7 identify any eligible children2 7,,ii7 identify individuals who are at risk of becoming eligible children2 7,,iii7 identify common characteristics shared by any eligible children in the ,state2 and 7,,iv7 determine the prevalence of children excluded from juvenile adjudication by age 7under age of #ab and over the age of #ae years old71 child survivors of commercial sexual exploitation1 dual status youth 7children in both foster care and juvenile justice systems71 and cross over children 7children that cross between the foster care and juvenile justice systems7 in the ,state2 7iii7 a description of current and proposed practices and procedures that the ,state intends to use to-- 7,i7 screen and assess children excluded from juvenile adjudication by age 7under age of #ab and over the age of #ae years old71 child survivors of commercial sexual exploitation1 dual status youth 7children in both foster care and juvenile justice systems71 and cross over children 7children that cross between the foster care and juvenile justice systems7 for risks and treatment needs2 7,,ii7 provide targeted and evidence-based services1 including educational1 behavioral health1 and pro-social treatment interventions for children excluded from juvenile adjudication by age 7under age of #ab and over the age of #ae years old71 child survivors of commercial sexual exploitation1 dual status youth 7children in both foster care and juvenile justice systems71 and cross over children 7children that cross between the foster care and juvenile justice systems72 and 7,,iii7 provide for a lawful process to enhance or ensure the abilities of the ,state and any relevant agencies to share information and data about children excluded from juvenile adjudication by age 7under age of #ab and over the age of #ae years old71 child survivors of commercial sexual exploitation1 dual status youth 7children in both foster care and juvenile justice systems71 and cross over children 7children that cross between the foster care and juvenile justice systems7 while maintaining confidentiality and privacy protections under ,state and ,federal law2 and 7iv7 a certification that the ,state has involved local governments1 including tribal governments1 as appropriate1 in the development1 expansion1 modification1 operation1 or improvement of proposed policy and practice reforms to address the needs of children excluded from juvenile adjudication by age 7under age of #ab and over the age of #ae years old71 child survivors of commercial sexual exploitation1 dual status youth 7children in both foster care and juvenile justice systems71 and cross over children 7children that cross between the foster care and juvenile justice systems74 7,b7 ,no supplantation of other funds ,any amounts paid to a ,state under a grant under this subsection shall be used to supplement and not supplant other ,state expenditures on any eligible children involved with either the child welfare or juvenile justice systems4 7,c7 ,report ,a ,state child welfare agency and a ,state juvenile justice agency receiving a grant under this subsection shall jointly submit to the ,secretary and to the ,administrator of the ,office of ,juvenile ,justice and ,delinquency ,prevention of the ,department of ,justice and the ,administration for ,children and ,families of the ,department of ,health and ,human ,services a report on the activities carried out under the grant at the end of each fiscal year during the period of the grant4 ,such report shall include-- 7i7 a description of the scope and nature of the children excluded from juvenile adjudication by age 7under age of #ab and over the age of #ae years old71 child survivors of commercial sexual exploitation1 dual status youth 7children in both foster care and juvenile justice systems71 and cross over children 7children that cross between the foster care and juvenile justice systems7 in the ,state1 including the number of dual status youth2 7ii7 a description of the evidence-based practices and procedures used by the agencies to carry out the activities described in subclauses 7,i7 through 7,,iii7 of subparagraph 7,a77iii72 and 7iii7 an analysis of the effects of such practices and procedures1 including information regarding-- 7,i7 the collection of data related to individual children2 7,,ii7 aggregate data related to the eligible children population1 including-- 7aa7 characteristics of children excluded from juvenile adjudication by age 7under age of #ab and over the age of #ae years old71 child survivors of commercial sexual exploitation1 dual status youth 7children in both foster care and juvenile justice systems71 and cross over children 7children that cross between the foster care and juvenile justice systems7 in the ,state2 7bb7 case processing timelines2 and 7cc7 information related to case management1 the provision of targeted services1 and placements within the foster care or juvenile justice system2 and 7,,iii7 the extent to which such practices and procedures have contributed to-- 7aa7 higher educational attainment for any eligible children2 7bb7 fewer delinquency referrals for children excluded from juvenile adjudication by age 7under age of #ab and over the age of #ae years old71 child survivors of commercial sexual exploitation1 dual status youth 7children in both foster care and juvenile justice systems71 and cross over children 7children that cross between the foster care and juvenile justice systems72 7cc7 shorter stays in intensive restrictive placements for children excluded from juvenile adjudication by age 7under age of #ab and over the age of #ae years old71 child survivors of commercial sexual exploitation1 dual status youth 7children in both foster care and juvenile justice systems71 and cross over children 7children that cross between the foster care and juvenile justice systems72 or 7dd7 such other outcomes for children excluded from juvenile adjudication by age 7under age of #ab and over the age of #ae years old71 child survivors of commercial sexual exploitation1 dual status youths 7children in both foster care and juvenile justice systems71 and cross over children 7children that cross between the foster care and juvenile justice systems7 as the ,state child welfare agency and ,state juvenile justice agency may identify4 7#d7 ,training and technical assistance ,the ,secretary may support ,state child welfare agencies and ,state juvenile justice agencies by offering a program1 developed in consultation with organizations and agencies with subject matter expertise1 of training and technical assistance to assist the agencies in developing programs and protocols-- 7,a7 to facilitate or enhance collaboration between ,state child welfare agencies and ,state juvenile justice agencies2 and 7,b7 for effectively working with ,federal agencies and child welfare and juvenile justice agencies from other ,states4 7#e7 ,report ,not later than #c years after the date of enactment of this subsection1 and every #c years thereafter1 the ,secretary and the ,attorney ,general of the ,department of ,justice shall jointly submit to the ,committee on ,finance and the ,committee on the ,judiciary of the ,senate and the ,committee on ,ways and ,means and the ,committee on ,education and the ,workforce of the ,house of ,representatives1 a report on the grants provided under this subsection4 7#f7 ,definitions ,in this subsection3 7,a7 ,commercial sexual exploitation ,the term commercial sexual exploitation means crimes and activities involving the sexual abuse or exploitation of a person under age #ah for the financial benefit of any person or in exchange for anything of value1 including monetary and non-monetary benefits1 given or received by any person4 7,b7 ,dual status youth ,the term dual status youth means a child who has come into contact with both the child welfare and juvenile justice systems and occupies various statuses in terms of the individual's relationship to such systems4 7,c7 ,leadership collaboration group ,the term leadership collaboration group means a group composed of senior officials from the ,state child welfare agency1 the ,state juvenile justice agency1 and other relevant youth and family-serving public agencies and private organizations1 including tribal nations1 and to the extent practicable1 representatives from the ,state judiciary branch4 7,d7 ,state juvenile justice agency ,the term ,state juvenile justice agency means the agency of the ,state or ,indian tribe responsible for administering grant funds awarded under the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#db ,u4,s4,c4 #efja et seq474 7,e7 ,state child welfare agency ,the term ,state child welfare agency means the ,state agency responsible for administering the program under subpart #a1 or in the case of a tribal organization operating a direct ,title ,,iv-,b 7,,ssa7 program or a ,title ,,iv-,b-funded program through tribal-,state agreement1 or that is receiving payments under section #dbh1 the tribal agency responsible for administering such program4 4 7c7 ,conforming amendment ,subsections 7b7 and 7c7 of section #dcc of such ,act 7#db ,u4,s4,c4 #fcc7 are each amended by striking section #dcf7;b7 and inserting subsections 7b7 and 7c7 of section #dcf4