Sec. 2. Amendments
1,709 words·~8 min read·
/bill/119/s/2248/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 . Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11133 ) is amended— in subsection (a)— in paragraph (3)— by striking the matter preceding subparagraph
(A)and inserting the following: provide satisfactory evidence that the State agency has established and maintained, or is working toward establishing and maintaining, an advisory group that— ; and in subparagraph (A)(iv), by striking at the time of the initial appointment ; in paragraph (9)— in the matter preceding subparagraph (A)— by striking not less than 75 percent of ; by striking shall be used for and inserting shall be used in accordance with the plan ; and by striking promising programs— and inserting promising programs, which may include programs for— in subparagraph (F)— in the matter preceding clause (i), by striking expand the use of probation officers and inserting improve probation departments ; and in clause (i), by striking non-violent juvenile offenders (including status offenders) and inserting youth ; in subparagraph (M)— in clause (i), by inserting restorative practices, before expanded use of probation ; and 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; in subparagraph (V), by striking and at the end; and by adding at the end the following: programs to address racial and ethnic disparities; programs and projects to collect data on the socioeconomic status of youth in the juvenile justice system; programs intended to help divert youth from the justice system before or after arrest; and programs in support of the initiatives described in paragraphs
(11)through
(13)and (16); ; in paragraph (11)— in subparagraph (A)— in clause (i)(II), by striking paragraph
(23)and inserting paragraph (11)(B) ; and in clause (ii)(II)(bb), by striking and at the end; and by striking paragraph (11)(B) and inserting the following: require that, if a juvenile is taken into custody for violating a valid court order issued for committing a status offense— an appropriate public agency shall be promptly notified that the juvenile is held in custody for violating the court order; not later than 24 hours after the juvenile begins to be held, an authorized representative of the agency shall interview, in person, the juvenile; not later than 48 hours after the juvenile begins to be held— 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; the court that issued the court order shall conduct a hearing to determine— whether there is reasonable cause to believe that the juvenile violated the court order; and the appropriate placement of the juvenile pending disposition of the alleged violation; and 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— the court shall issue a written order that— identifies the valid court order that has been violated; specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated the court order; 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; 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 may not be renewed or extended; and 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 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 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— specifies the authority of the State to detain the juvenile under the terms of the Interstate Compact for Juveniles; 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; 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 may not be renewed or extended; ; in paragraph (13)— in subparagraph (B)— in the matter preceding clause (i), by inserting for adults after jail or lockup ; and in clause (ii)(III), by adding and at the end; and by adding at the end the following: 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; ; by striking paragraph (23); by redesignating paragraphs
(14)through
(22)as paragraphs
(15)through (23), respectively; by inserting after paragraph
(13)the following: provide that— a juvenile described in paragraph (13)(C)— that is confined in any jail or lockup for adults shall not have sight or sound contact with adult inmates; and except as provided in this paragraph, may not be held in any jail or lockup for adults; 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— the age of the juvenile; the physical and mental maturity of the juvenile; the present mental state of the juvenile, including whether the juvenile presents an imminent risk of harm to the juvenile; the nature and circumstances of the alleged offense; the juvenile’s history of prior delinquent acts; 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 any other relevant factor; and 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— 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 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; ; in paragraph (15), as so redesignated— by striking jails, lock-ups, detention facilities, and correctional facilities and inserting jails and lockups for adults, secure detention facilities, and secure correctional facilities ; by striking , except that such reporting requirements and all that follows; and by adding a semicolon at the end; 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 ; 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 ; by striking paragraph (24); by redesignating paragraphs
(25)through
(33)as paragraphs
(24)through (32), respectively; in paragraph (28), as so redesignated— by inserting ongoing supervision, before and training in effect ; and by striking management techniques and inserting management techniques and trauma-informed approaches to investigating allegations of sexual and physical abuse ; and in paragraph (32)(A), as so redesignated, by striking upon intake and inserting upon intake and at quarterly intervals or as necessary ; and in subsection (d)— by striking In the event that any State and inserting the following: In the event that any State ; 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 ( ; and 34 U.S.C. 10222 , 10223) by adding at the end the following: Local public and private nonprofit agencies within a State shall be eligible to receive funds under paragraph (1)— only upon a showing by the State agency designated under subsection (a)(1) of exigent circumstances; and in no case for more than 2 consecutive years. . Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11103 ) is amended— in paragraph (30), by striking and
(15)and inserting and
(16); and in paragraph (39), by striking (a)(15) and inserting (a)(16) . 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) and inserting (a)(15) . Section 601 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11321 ) is amended by striking fiscal years 2019 through 2023 and inserting fiscal years 2026 through 2030 .
Connectionstraces to 5
Citation graph
cites case law
Cites 5Cited by 0 across 0 sources