Sec. 4. Treatment of youth in Federal prisons and correctional facilities
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Chapter 401 of title 18, United States Code, is amended by adding at the end the following: A custodial interrogation of a youth shall be electronically recorded in its entirety in audio and visual form, except that if any part of the interrogation occurs outside of a place of detention, an audio recording may be used. If the interrogation occurs in a detention facility, the camera shall show both the interrogator and the youth. Except as provided in subsections (c), (d), and (e), any statement made by a youth during a custodial interrogation that is not recorded in accordance with subsection (a), is inadmissible as evidence against the youth in any juvenile delinquency or criminal proceeding brought against the youth.
A statement made by a youth in a custodial interrogation that would be inadmissible under subsection
(b)may be admitted into evidence in a criminal or juvenile delinquency proceeding brought against the youth if the court finds the following: The statement is admissible under the applicable rules of evidence. The prosecution has proven by clear and convincing evidence that the youth made the statement voluntarily, and that such statement is reliable. The prosecution has proven by clear and convincing evidence that one or more of the following circumstances existed at the time of the custodial interrogation: The questions put forth by law enforcement personnel, and the youth’s responsive statements, were part of the routine processing or intake of the youth. Before or during a custodial interrogation, after having consulted with his or her lawyer, 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 recorded. The custodial interrogation took place in another jurisdiction and was conducted by officials of that jurisdiction in compliance with the law of the jurisdiction. Exigent circumstances existed, which prevented the making of, or rendered it not feasible to make, a recording of the custodial interrogation. A statement made by a youth in a custodial interrogation which would be inadmissable under subsection
(b)may be admitted into evidence in a juvenile delinquency or criminal proceeding brought against the youth if the court finds the following: The statement was made before a grand jury or in court. The statement is admissible under applicable rules of evidence. The prosecution has proven by clear and convincing evidence that the youth made the statement voluntarily, and that such statement is reliable. Except as provided in paragraph (2), a statement made by a youth in a custodial interrogation which would be inadmissable under subsection
(b)may be admitted into evidence in a juvenile delinquency or criminal proceeding brought against the youth if, at the time of making the statement, the youth was serving a term of imprisonment in a Federal prison or correctional institution. A statement described in paragraph
(1)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 institution. Recordings of custodial interrogations under this subsection shall be handled and preserved as follows: The recording shall be clearly identified and catalogued by law enforcement personnel. If a juvenile delinquency or criminal proceeding is brought against a youth who was the subject of an electronically recorded custodial interrogation, the recording shall be preserved by law enforcement personnel until all appeals, post-conviction, and habeas corpus proceedings are final and concluded, or the time within which such proceedings must be brought has expired. If no juvenile delinquency or criminal proceeding is brought against a youth who has been the subject of a recorded custodial interrogation, the related recording shall be preserved by law enforcement personnel until all applicable State and Federal statutes of limitations bar prosecution of the youth. Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report that describes— the instances in which recorded interrogations were introduced as evidence in a juvenile delinquency or criminal proceeding; the instances in which interrogations were not recorded but were nonetheless introduced as evidence in a juvenile delinquency or criminal proceeding; the instances in which interrogations were recorded and a plea of guilty was entered and accepted by the court; and the instances in which interrogations were not recorded and a plea of guilty was entered and accepted by the court. 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 others, is prohibited. Techniques that are less restrictive than temporary separation, including de-escalation and intervention by facility employees, mental health professionals, and other youths shall be employed before the use of temporary separation. Before or immediately after an individual is placed in temporary separation, 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 end. A youth shall not be placed in temporary separation for more than 3 hours and consecutive periods of temporary separation for the same episode of behavior are prohibited. A youth shall be released from temporary separation as soon as he or she no longer poses a risk of serious and immediate physical harm. If a youth continues to pose a risk of serious and immediate physical harm after being in temporary separation for 3 hours, the facility shall, prior to, or upon the conclusion of such 3-hour period, 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 services, in which case the individual may remain in temporary separation pending such transfer. The physical space used for temporary separation shall— be at least 80 square feet, suicide-resistant, and protrusion-free; have adequate lighting and ventilation; be kept at a reasonable temperature; and provide access to clean potable water, toilet facilities, and hygiene supplies. A youth placed in temporary separation shall have access to appropriate medical and mental health services, and receive crisis intervention and one-on-one observation. Instruments of restraint, such as handcuffs, chains, irons, straitjackets, or similar items, may not be used on a youth during a court proceeding and must be removed prior to the youth’s entry into a courtroom, unless the court finds that— the use of restraints is necessary— to prevent physical harm to the youth or another person; or to prevent the youth from fleeing the court; and a less restrictive alternative, such as the presence of additional court personnel, law enforcement officers, or bailiffs, will not be sufficient to prevent the behavior described in subparagraphs
(A)and
(B)of paragraph (1). Before ordering the use of restraints, the court shall provide the youth with the opportunity to respond to any evidence presented under subsection (a). A court may not order the use of restraints that— restrict movement of the youth’s hands, such that the youth is unable to read and handle documents used during the court proceeding; or are fixed to a wall, the floor, or furniture. For purposes of this chapter: 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 custody. 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. The term youth means an individual who is 21 years of age or younger. . The table of sections for chapter 401 of title 18, United States Code, is amended by adding at the end the following: 5004. Ban on solitary confinement of youth. 5005. Recording of custodial interrogations of youth. 5006. Restrictions on shackling of youth. 5007. Definitions. . Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report that contains— a detailed description of the types and conditions of temporary separation used for Federal prisoners or detainees who are youths; and a list of the number of instances in which temporary separation was used for Federal prisoners or detainees who are youths, disaggregated by age, race, ethnicity, gender, and a description of the circumstances specific to each such instance, including the cause, length, and result.