Sec. 102. Definitions
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/bill/113/s/2999/is/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5603 ) is amended— in paragraph (8), by amending subparagraph
(C)to read as follows: an Indian tribe; or ; by amending paragraph
(18)to read as follows: the term Indian tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ); ; in paragraph (22), by striking or confine adults and all that follows and inserting or confine adult inmates; ; by amending paragraph
(25)to read as follows: the term sight or sound contact means any physical, clear visual, or verbal contact, that is not brief and inadvertent; ; by amending paragraph
(26)to read as follows: the term adult inmate — means an individual who— has reached the age of full criminal responsibility under applicable State law; and has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a criminal charge offense; and does not include an individual who— at the time of the time of the offense, was younger than the maximum age at which a youth can be held in a juvenile facility under applicable State law; and was committed to the care and custody of a juvenile correctional agency by a court of competent jurisdiction or by operation of applicable State law; ; in paragraph (28), by striking and at the end; in paragraph (29), by striking the period at the end and inserting a semicolon; and by adding at the end the following: the term core requirements means the requirements described in paragraphs (11), (12), (13), (14), and
(15)of section 223(a); the term chemical agent means a spray used to temporarily incapacitate a person, including oleoresin capsicum spray, tear gas, and 2-chlorobenzalmalononitrile gas; the term isolation — means any instance in which a youth is confined alone for more than 15 minutes in a room or cell; and does not include confinement during regularly scheduled sleeping hours, or for not more than 1 hour during any 24-hour period in the room or cell in which the youth usually sleeps, protective confinement (for injured youths or youths whose safety is threatened), separation based on an approved treatment program, confinement that is requested by the youth, or the separation of the youth from a group in a nonlocked setting for the purpose of calming; the term restraints has the meaning given that term in section 591 of the Public Health Service Act ( 42 U.S.C. 290ii ); the term evidence-based means a program or practice that is demonstrated to be effective and that— is based on a clearly articulated and empirically supported theory; has measurable outcomes, including a detailed description of what outcomes were produced in a particular population; and has been scientifically tested, optimally through randomized control studies or comparison group studies; the term promising means a program or practice that is demonstrated to be effective based on positive outcomes from 1 or more objective, independent, and scientifically valid evaluations, as documented in writing to the Administrator; the term dangerous practice means an act, procedure, or program that creates an unreasonable risk of physical injury, pain, or psychological harm to a juvenile subjected to the act, procedure, or program; the term screening means a brief process— designed to identify youth who may have mental health or substance abuse needs requiring immediate attention, intervention, and further evaluation; and the purpose of which is to quickly identify a youth with a possible mental health or substance abuse need in need of further assessment; the term assessment includes, at a minimum, an interview and review of available records and other pertinent information— by a mental health or substance abuse professional who meets the criteria of the applicable State for licensing and education in the mental health or substance abuse field; and which is designed to identify significant mental health or substance abuse treatment needs to be addressed during a youth's confinement; the term contact means the point at which a youth interacts with the juvenile justice system or criminal justice system, including interaction with a juvenile justice, juvenile court, or law enforcement official, and including brief, sustained, or repeated interaction; the term trauma-informed means— understanding the impact that exposure to violence and trauma have on a youth’s physical, psychological, and psychosocial development; recognizing when a youth has been exposed to violence and trauma and is in need of help to recover from the adverse impacts of trauma; and responding by helping in ways that reflect awareness of the adverse impacts of trauma; and the term racial and ethnic disparity means youth of color are involved at a decision point in the juvenile justice system at higher rates, incrementally or cumulatively, than white non-Hispanic youth at that decision point. .
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