[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5250 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5250
To reauthorize titles II and V of the Juvenile Justice and Delinquency
Prevention Act of 1974, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Whitehouse (for himself and Mr. Grassley) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To reauthorize titles II and V of the Juvenile Justice and Delinquency
Prevention Act of 1974, 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 ``Juvenile Justice and Delinquency
Prevention Reauthorization Act of 2024''.
SEC. 2. AMENDMENTS.
(a) Definitions.--Section 103(22) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is amended by
inserting ``, including any prison,'' after ``secure facility''.
(b) State Plans.--Section 223 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11133) is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) by striking the matter preceding
subparagraph (A) and inserting the following:
``(3) provide satisfactory evidence that the State agency
has established and maintained, or is working toward
establishing and maintaining, an advisory group that--''; and
(ii) in subparagraph (A)(iv), by striking
``at the time of the initial appointment'';
(B) in paragraph (9)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``not less than 75
percent of'';
(II) by striking ``shall be used
for'' and inserting ``shall be used in
accordance with the plan''; and
(III) by striking ``promising
programs--'' and inserting ``promising
programs, which may include programs
for--'';
(ii) in subparagraph (F)--
(I) in the matter preceding clause
(i), by striking ``expand the use of
probation officers'' and inserting
``improve probation departments''; and
(II) in clause (i), by striking
``non-violent juvenile offenders
(including status offenders)'' and
inserting ``youth'';
(iii) in subparagraph (M)--
(I) in clause (i), by inserting
``restorative practices,'' before
``expanded use of probation''; and
(II) in clause (ii), by inserting
``, including determining the
appropriateness of programs intended to
divert youth from the justice system at
the earliest point possible'' before
the semicolon at the end;
(iv) in subparagraph (V), by striking
``and'' at the end; and
(v) by adding at the end the following:
``(X) programs to address racial and ethnic
disparities;
``(Y) programs and projects to collect data on the
socioeconomic status of youth in the juvenile justice
system;
``(Z) programs intended to help divert youth from
the justice system before or after arrest; and
``(AA) programs in support of the initiatives
described in paragraphs (11) through (13) and (16);'';
(C) in paragraph (11)--
(i) in subparagraph (A)--
(I) in clause (i)(II), by striking
``paragraph (23)'' and inserting
``paragraph (11)(B)''; and
(II) in clause (ii)(II)(bb), by
striking ``and'' at the end;
(ii) by striking paragraph (11)(B) and
inserting the following:
``(B) require that, if a juvenile is taken into
custody for violating a valid court order issued for
committing a status offense--
``(i) an appropriate public agency shall be
promptly notified that the juvenile is held in
custody for violating the court order;
``(ii) not later than 24 hours after the
juvenile begins to be held, an authorized
representative of the agency shall interview,
in person, the juvenile;
``(iii) not later than 48 hours after the
juvenile begins to be held--
``(I) the representative described
in clause (ii) shall submit an
assessment to the court that issued the
court order relating to the immediate
needs of the juvenile;
``(II) the court that issued the
court order shall conduct a hearing to
determine--
``(aa) whether there is
reasonable cause to believe
that the juvenile violated the
court order; and
``(bb) the appropriate
placement of the juvenile
pending disposition of the
alleged violation; and
``(III) if the court that issued
the court order determines the juvenile
should be placed in a secure detention
facility or correctional facility for
violating the court order--
``(aa) the court shall
issue a written order that--
``(AA) identifies
the valid court order
that has been violated;
``(BB) specifies
the factual basis for
determining that there
is reasonable cause to
believe that the
juvenile has violated
the court order;
``(CC) includes
findings of fact to
support a determination
that there is no
appropriate less
restrictive alternative
available to placing
the juvenile in the
secure detention
facility, with due
consideration to the
best interest of the
juvenile;
``(DD) specifies
the length of time, not
to exceed 7 days, that
the juvenile may remain
in a secure detention
facility or
correctional facility,
and includes a plan for
the release of the
juvenile from the
facility; and
``(EE) may not be
renewed or extended;
and
``(bb) the court may not
issue a second or subsequent
order described in item (aa)
relating to a juvenile unless
the juvenile violates a valid
court order after the date on
which the court issues an order
described in item (aa); and
``(iv) there are procedures in place to
ensure that the 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 the shorter of 7 days and the length of
time authorized by the court; and
``(C) require that not later than September 30,
2028, the State will eliminate the use of valid court
orders to provide secure confinement of juveniles who
commit status offenses, except that juveniles may be
held in secure confinement in accordance with the
Interstate Compact for Juveniles if the judge issues a
written order that--
``(i) specifies the authority of the State
to detain the juvenile under the terms of the
Interstate Compact for Juveniles;
``(ii) 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;
``(iii) specifies the length of time a
juvenile may remain in secure confinement, not
to exceed 15 days, and includes a plan for the
return of the juvenile to the home State of the
juvenile; and
``(iv) may not be renewed or extended;'';
(D) in paragraph (13)--
(i) in subparagraph (B)--
(I) in the matter preceding clause
(i), by inserting ``for adults'' after
``jail or lockup''; and
(II) in clause (ii)(III), by adding
``and'' at the end; and
(ii) by adding at the end the following:
``(C) juveniles awaiting trial or other legal
process who are treated as adults for purposes of
prosecution in criminal court and housed in a secure
facility, unless a court finds, after a hearing and in
writing and in accordance with paragraph (14), that it
is in the interest of justice;'';
(E) by striking paragraph (23);
(F) by redesignating paragraphs (14) through (22)
as paragraphs (15) through (23), respectively;
(G) by inserting after paragraph (13) the
following:
``(14) provide that--
``(A) a juvenile described in paragraph (13)(C)--
``(i) that is confined in any jail or
lockup for adults shall not have sight or sound
contact with adult inmates; and
``(ii) except as provided in this
paragraph, may not be held in any jail or
lockup for adults;
``(B) in determining under paragraph (13)(C)
whether it is in the interest of justice to permit a
juvenile to be held in any jail or lockup for adults,
or have sight or sound contact with adult inmates, a
court shall consider--
``(i) the age of the juvenile;
``(ii) the physical and mental maturity of
the juvenile;
``(iii) the present mental state of the
juvenile, including whether the juvenile
presents an imminent risk of harm to the
juvenile;
``(iv) the nature and circumstances of the
alleged offense;
``(v) the juvenile's history of prior
delinquent acts;
``(vi) the relative ability of the
available adult and juvenile detention
facilities to meet the specific needs of the
juvenile and protect the safety of the public
and other detained juveniles; and
``(vii) any other relevant factor; and
``(C) if a court determines under subparagraph (B)
that it is in the interest of justice to permit a
juvenile to be held in a jail or lockup for adults--
``(i) the court shall hold a hearing not
less frequently than once every 30 days, or in
the case of a rural jurisdiction, not less
frequently than once every 45 days, to review
whether it is still in the interest of justice
to permit the juvenile to be so held or have
such sight or sound contact; and
``(ii) the juvenile shall not be held in
any jail or lockup for adults, or be permitted
to have sight or sound contact with adult
inmates, for more than 180 days, unless the
court, in writing, determines there is good
cause for an extension or the juvenile
expressly waives this limitation;'';
(H) in paragraph (15), as so redesignated--
(i) by striking ``jails, lock-ups,
detention facilities, and correctional
facilities'' and inserting ``jails and lockups
for adults, secure detention facilities, and
secure correctional facilities'';
(ii) by striking ``, except that such
reporting requirements'' and all that follows;
and
(iii) by adding a semicolon at the end;
(I) in paragraph (16), as so redesignated, in the
matter preceding subparagraph (A), by inserting ``that
are culturally and linguistically competent'' before
``at the State, territorial, local, and tribal
levels'';
(J) in paragraph (17), as so redesignated, by
striking ``gender, race, ethnicity, family income, and
disability'' and inserting ``gender, race, ethnicity,
religion, family income, disability, national origin,
and sexual orientation'';
(K) by striking paragraph (24); and
(L) by redesignating paragraphs (25) through (33)
as paragraphs (24) through (32), respectively; and
(2) in subsection (d)--
(A) by striking ``In the event that any State'' and
inserting the following:
``(1) In general.--In the event that any State'';
(B) in paragraph (1), as so designated, by striking
``802, 803, and 804 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968'' and inserting
``802 and 803 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10222,
10223)''; and
(C) by adding at the end the following:
``(2) Local public and private nonprofit agencies.--Local
public and private nonprofit agencies within a State shall be
eligible to receive funds under paragraph (1)--
``(A) only upon a showing by the State agency
designated under subsection (a)(1) of exigent
circumstances; and
``(B) in no case for more than 2 consecutive
years.''.
(c) Conforming Amendments.--
(1) Definitions.--Section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is
amended--
(A) in paragraph (30), by striking ``and (15)'' and
inserting ``and (16)''; and
(B) in paragraph (39), by striking ``(a)(15)'' and
inserting ``(a)(16)''.
(2) Concentration of federal efforts.--Section 204(b)(7) of
the Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11114(b)(7)) is amended by striking ``(a)(14)'