[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 44 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 44
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
provide for the humane treatment of youths who are in police custody,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
provide for the humane treatment of youths who are in police custody,
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 ``Effective and Humane Treatment of
Youth Act of 2023'' or the ``Kalief's Law''.
SEC. 2. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK GRANTS.
Section 1810(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended by inserting before the period at the end the
following: ``and such sums as may be necessary for each of fiscal years
2023 through 2027''.
SEC. 3. HUMANE TREATMENT OF YOUTH FOR GRANT ELIGIBILITY.
(a) In General.--Section 1802 of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10403) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) 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).'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)(ii), by striking
``and'' at the end; and
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(B) by adding at the end the following:
``(C) 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
(3) by adding at the end the following:
``(g) Right to Speedy Trial.--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.
``(h) Right to Timely Bail Consideration.--
``(1) In general.--The requirements under this subsection
relating to a youth's right to timely bail consideration are,
at a minimum, that--
``(A) the youth receives an initial detention
hearing not later than the second working day after
being taken into custody, except that--
``(i) if the youth is taken into custody on
a Friday or Saturday, not later than one
working day after being taken into custody; or
``(ii) in the case of an arrest for a
status offense, not later than one working day
after being taken into custody;
``(B) 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;
``(C) 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;
``(D) 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;
``(E) no statement made by the youth at any
detention hearing is admissible against the youth at
any other hearings or proceedings;
``(F) 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;
``(G) there is a presumption of release at a
detention hearing, unless--
``(i) the youth will be removed from the
jurisdiction of the court prior to the next
scheduled hearing;
``(ii) 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
``(iii) 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
``(H) a detained youth who is not charged with a
criminal offense at an initial detention hearing is
released unless--
``(i) 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;
``(ii) 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
``(iii) 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.
``(2) Status as youth.--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.
``(3) Definitions.--For the purpose of this subsection:
``(A) The term `detention hearing' means a
hearing--
``(i) 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
``(ii) recorded at the request of any
party.
``(B) 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.
``(i) Ban on the Use of Solitary Confinement.--
``(1) In general.--The requirements under this subsection
relating to the restrictions on the use of temporary separation
are, at a minimum, that--
``(A) 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;
``(B) 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;
``(C) 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;
``(D) 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;
``(E) a youth is released from temporary separation
as soon as he or she no longer poses a risk of serious
and immediate physical harm;
``(F) 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;
``(G) the physical space used for temporary
separation--
``(i) is at least 80 square feet, suicide-
resistant, and protrusion-free;
``(ii) has adequate lighting and
ventilation;
``(iii) is kept at a reasonable
temperature; and
``(iv) provides access to clean potable
water, toilet facilities, and hygiene supplies;
and
``(H) a youth placed in temporary separation has
access to appropriate medical and mental health
services, and receives crisis intervention and one-on-
one observation.
``(2) Definition.--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.''.
(b) Youth Defined.--Section 1809 of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10410) is amended by at the end the
following:
``(7) Youth.--The term `youth' means an individual who is
21 years of age or younger.''.
SEC. 4. TREATMENT OF YOUTH IN FEDERAL PRISONS AND CORRECTIONAL
FACILITIES.
(a) In General.--Chapter 401 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 5004. Recording of custodial interrogations of youth
``(a) In General.--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.
``(b) Inadmissibility of Statements Not Recorded.--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.
``(c) Exceptions Generally.--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:
``(1) The statement is admissible under the applicable
rules of evidence.
``(2) The prosecution has proven by clear and convincing
evidence that the youth made the statement voluntarily, and
that such statement is reliable.
``(3) 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:
``(A) 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.
``(B) 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.
``(C) The custodial interrogation took place in
another jurisdiction and was conducted by officials of
that jurisdiction in compliance with the law of the
jurisdiction.
``(D) Exigent circumstances existed, which
prevented the making of, or rendered it not feasible to
make, a recording of the custodial interrogation.
``(d) Exception Relating to Statements Made in Court.--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:
``(1) The statement was made before a grand jury or in
court.
``(2) The statement is admissible under applicable rules of
evidence.
``(3) The prosecution has proven by clear and convincing
evidence that the youth made the statement voluntarily, and
that such statement is reliable.
``(e) Exception Relating to Statements Made by Prisoners.--
``(1) In general.--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.
``(2) Limitation.--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.
``(f) Handling and Preservation of Electronic Recordings.--
Recordings of custodial interrogations under this subsection shall be
handled and preserved as follows:
``(1) The recording shall be clearly identified and
catalogued by law enforcement personnel.
``(2) 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.
``(3) 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.
``(g) Study and Report.--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--
``(1) the instances in which recorded interrogations were
introduced as evidence in a juvenile delinquency or criminal
proceeding;
``(2) the instances in which interrogations were not
recorded but were nonetheless introduced as evidence in a
juvenile delinquency or criminal proceeding;
``(3) the instances in which interrogations were recorded
and a plea of guilty was entered and accepted by the court; and
``(4) the instances in which interrogations were not
recorded and a plea of guilty was entered and accepted by the
court.
``Sec. 5005. Ban on solitary confinement of youth
``(a) Prohibition.--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.
``(b) Less Restrictive Techniques.--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.
``(c) Explanation.--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.
``(d) Maximum Time.--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.
``(e) Release.--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.
``(f) Conditions.--The physical space used for temporary separation
shall--
``(1) be at least 80 square feet, suicide-resistant, and
protrusion-free;
``(2) have adequate lighting and ventilation;
``(3) be kept at a reasonable temperature; and
``(4) provide access to clean potable water, toilet
facilities, and hygiene supplies.
``(g) Services.--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.
``Sec. 5006. Restrictions on shackling of youth
``(a) In General.--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--
``(1) the use of restraints is necessary--
``(A) to prevent physical harm to the youth or
another person; or
``(B) to prevent the youth from fleeing the court;
and
``(2) 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).
``(b) Opportunity To Respond.--Before ordering the use of
restraints, the court shall provide the youth with the opportunity to
respond to any evidence presented under subsection (a).
``(c) Certain Shackling Prohibited.--A court may not order the use
of restraints that--
``(1) restrict movement of the youth's hands, such that the
youth is unable to read and handle documents used during the
court proceeding; or
``(2) are fixed to a wall, the floor, or furniture.
``Sec. 5007. Definitions
``For purposes of this chapter:
``(1) 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.
``(2) 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.
``(3) The term `youth' means an individual who is 21 years
of age or younger.''.
(b) Technical and Conforming Amendment.--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.''.
(c) Study and Report on Temporary Separation of Youth in Federal
Facilities.--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--
(1) a detailed description of the types and conditions of
temporary separation used for Federal prisoners or detainees
who are youths; and
(2) 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.
SEC. 5. YOUTH CUSTODIAL INTERROGATION RECORDING GRANTS.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at
the end the following:
``PART PP--YOUTH CUSTODIAL INTERROGATION VIDEO RECORDING GRANTS
``SEC. 3051. CUSTODIAL INTERROGATION VIDEO RECORDING GRANTS.
``(a) Grant Program.--The Attorney General shall make grants to
States and units of local government to take whatever steps the
Attorney General determines to be necessary to achieve complete and
accurate recording, by both audio and video means, of every custodial
interrogation of a youth occurring within the State or unit of local
government.
``(b) Matching Requirement.--The portion of the costs of a program
funded by a grant under this section may not exceed 75 percent.
``(c) Definitions.--In this section:
``(1) 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.
``(2) The term `youth' means an individual who is 21 years
of age or younger.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)) is amended by adding at the end the following:
``(29) There are authorized to be appropriated to carry out
part PP such sums as may be necessary for each of the first 5
fiscal years beginning after the date of the enactment of such
part.''.
SEC. 6. POLICE-YOUTH INTERACTIONS.
(a) In General.--Beginning after the end of the implementation
period, in the case of a State or unit of local government that
received a grant award under subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et
seq.), or under part Q of title I of such Act (34 U.S.C. 10381 et
seq.), if that State or unit of local government fails by the end of a
fiscal year to substantially comply with the requirements of
subsections (c) and (d), the Attorney General shall reduce the amount
that would otherwise be awarded to that State or unit of government
under such grant program in the following fiscal year by 5 percent.
(b) Reallocation.--Amounts not allocated under a program referred
to in subsection (a) to a State for failure to be in compliance with
this section shall be reallocated under the program to States that are
in compliance with this section.
(c) Police-Youth Interaction Policy.--A State or unit of local
government shall have in effect a policy establishing procedures,
standards, and training on police-youth interactions that are grounded
in evidence-based practices and address, at a minimum, de-escalation,
verbal communication, physical contact, use of restraints, use of
lethal and nonlethal force, notification of a parent or guardian,
interviews and questioning, custodial interrogation, searches, audio
and video recording, conditions of custody, alternatives to arrest,
diversion and community resources, referral to child protection
agencies, removal from school grounds or campus, mental health and
crisis intervention, and any needs specific to minority youth.
(d) Police-Youth Interaction Training.--A State or unit of local
government shall have in effect a policy requiring all law enforcement
officers to receive training on the police-youth interaction policy
described in subsection (c), and on police-youth interaction and mental
health crisis intervention generally, that is equal to the quality and
number of hours of training received for firearms and use of force, but
not less than 12 hours at the start of employment and 6 hours annually
thereafter.
(e) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Attorney General shall issue guidance on the
establishment of police-youth interaction policies and training in
order to assist States and local governments in complying with
subsection (a).
(f) Implementation Period.--The term ``implementation period''
means the period beginning on the date of enactment of this Act and
ending on the later of--
(1) the date that is 1 year after the date of enactment of
this Act; or
(2) the date that is 1 year after the date on which the
Attorney General issues the guidance required under subsection
(e).
The Attorney General may extend such period by an additional year not
more than once.
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