Sec. 3. Humane treatment of youth for grant eligibility

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Section 1802 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796ee–2 ) is amended— in subsection (a)— in paragraph (1)(B), by striking and at the end; in paragraph (2), by striking the period at the end and inserting ; and ; and by adding at the end the following: assurances that the State and any unit of local government to which the State provides funding under section 1803(b), has in effect (or shall have in effect, not later than 1 year after the date that the State submits such application) laws, or has implemented (or shall implement, not later than 1 year after the date that the State submits such application) policies and programs, that provide for a right to speedy trial in accordance with subsection (g), timely bail consideration in accordance with subsection (h), and the restrictions on the use of temporary separation in accordance with subsection (i). ; in subsection (b)— in paragraph (1)— in subparagraph (A)(ii), by striking and at the end; and in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding at the end the following: such assurances as the State shall require, that, to the extent applicable, the unit of local government has in effect (or shall have in effect, not later than 1 year after the date that the unit submits such application) laws, or has implemented (or shall implement, not later than 1 year after the date that the unit submits such application) policies and programs, that provide for a right to speedy trial in accordance with subsection (g), timely bail consideration in accordance with subsection (h), and the restrictions on the use of temporary separation in accordance with subsection (i). ; and by adding at the end the following:

The requirements under this subsection relating to the right to a speedy trial for a youth are, at a minimum, that in the case of a youth who is held in custody, charges in any criminal case are dismissed with prejudice not later than 60 days after the date on which the youth was arrested (which shall be computed in accordance with section 3161(h) of title 18, United States Code), if a trial has not commenced or there has not been an adjudication of the case on the merits. For purposes of this subsection, 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 conduct.

The requirements under this subsection relating to a youth’s right to timely bail consideration are, at a minimum, that— the youth receives an initial detention hearing not later than the second working day after being taken into custody, except that— if the youth is taken into custody on a Friday or Saturday, not later than one working day after being taken into custody; or in the case of an arrest for a status offense, not later than one working day after being taken into custody; in the case of a youth who is 17 years of age or younger, the parent, guardian or custodian of the youth receives from the court reasonable notice of the detention hearing if the parent, guardian or custodian can be located; prior to any detention hearing, the youth is advised of the right to counsel, the right to have counsel appointed by the court if the youth is indigent, and the procedure for the appointment of counsel; if at the initial detention hearing the youth does not have counsel, the court shall appoint counsel before making a ruling on whether to release or continue detaining the youth; no statement made by the youth at any detention hearing is admissible against the youth at any other hearings or proceedings; if a youth is detained, a detention hearing to review the release decision is held every 10 working days, or every 15 working days if the youth is held outside the county of jurisdiction, unless the youth waives review on the advice of counsel; there is a presumption of release at a detention hearing, unless— the youth will be removed from the jurisdiction of the court prior to the next scheduled hearing; in the case of a youth who is 17 years of age or younger, the youth lacks suitable and safe supervision, care, and protection from a parent, guardian, custodian, or other person or agency; or the youth may be a danger to himself or herself, a threat to public safety, or is likely to commit an offense if released, and the court determines that such danger, threat, or likelihood cannot be overcome with appropriate supervision, services, or treatment; and a detained youth who is not charged with a criminal offense at an initial detention hearing is released unless— in the case of a youth who is detained for delinquency, a probation violation, or a status offense, the State brings a petition or formal charge against the youth not later than 15 working days after the initial detention decision; except as provided in clause (i), in the case of a youth who is detained for criminal conduct for which the maximum term of imprisonment is less than one year, the State brings a formal charge against the youth not later than 30 working days after the initial detention decision; or except as provided in clause (i), in the case of a youth who is detained for criminal conduct for which the maximum term of imprisonment is one year or greater, the State brings a formal charge against the youth not later than 60 days after the initial detention decision.

For purposes of this subsection, 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 conduct. For the purpose of this subsection: The term detention hearing means a hearing— conducted by a duly appointed or elected judge or, if a judge is not available, a referee appointed for the purpose of conducting detention hearings; and recorded at the request of any party.

The term status offense means an offense which prohibits conduct only for youths and not for adults, based on their age, including truancy, running away, breach of curfew, and age-based alcohol or drug offenses. The requirements under this subsection relating to the restrictions on the use of temporary separation are, at a minimum, that— 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 others; a good faith effort to employ less restrictive techniques, including de-escalation and intervention by facility employees, mental health professionals, and other youths must occur before the use of temporary separation; before or immediately after a youth is placed in temporary separation, an employee of the detention facility provides the individual with an explanation of the reasons for the separation and under what circumstances it will end; the duration for which a youth is placed in temporary separation does not exceed 3 hours, and consecutive periods of temporary separation for the same episode of behavior are prohibited; a youth is released from temporary separation as soon as he or she no longer poses a risk of serious and immediate physical harm; in the case of a youth who continues to pose a risk of serious and immediate physical harm after being in temporary separation for 3 hours, prior to, or upon the conclusion of such 3-hour period, 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 services, in which case the individual may remain in temporary separation pending such transfer; the physical space used for temporary separation— is at least 80 square feet, suicide-resistant, and protrusion-free; has adequate lighting and ventilation; is kept at a reasonable temperature; and provides access to clean potable water, toilet facilities, and hygiene supplies; and a youth placed in temporary separation has access to appropriate medical and mental health services, and receives crisis intervention and one-on-one observation.

For the purpose of this subsection, the term temporary separation means the involuntary restriction of an individual alone in a cell, room, or other area isolated away from all human contact except for the employees of the detention facility. . Section 1809 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796ee–9 ) is amended by at the end the following: The term youth means an individual who is 21 years of age or younger. .

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42 USC 3796ee–2
42 USC 3796ee–9

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Sec. 3

Humane treatment of youth for grant eligibility

Cite42 USC 3796ee–2

Cite42 USC 3796ee–9

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