Summary: S.1245 — 104th Congress (1995-1996)All Information (Except Text)

There is one summary for S.1245. Bill summaries are authored by CRS.

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Introduced in Senate (09/15/1995)

Violent and Hard-Core Juvenile Offender Reform Act of 1995 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to include among the: (1) findings of such Act that emphasis should be placed on identifying violent and hard-core juvenile offenders who should be prosecuted as adults; and (2) purposes of such Act to assist State and local governments in protecting public safety by identifying violent and hard-core juvenile offenders and transferring them from the jurisdiction of the juvenile justice system to that of adult criminal court. Defines "serious habitual offender" for purposes of such Act.

Requires that State plans (to receive formula grants): (1) require that not less than 75 percent of the funds available to the State be used for purposes including the establishment of serious habitual offender comprehensive action programs; (2) provide for the establishment and maintenance of an effective juvenile justice system that requires the prosecution of juveniles 14 years of age and older as adults in criminal court, rather than in juvenile delinquency proceedings, for specified offenses; (3) provide that a State will ensure that whenever a juvenile is adjudicated in a juvenile proceeding to have engaged in conduct constituting such an offense, a record relating to the adjudication is kept and made available, the juvenile is fingerprinted and photographed, and certain information is transmitted to the Federal Bureau of Investigation (FBI); and (4) provide that the State will ensure that if any juvenile has been adjudicated to be delinquent on two or more separate occasions based on conduct that would be a felony if committed by an adult, the record of the second and all subsequent adjudications shall be kept and made available to the public to the same extent as an adult conviction is open to the public.

Requires that serious habitual offender comprehensive action programs be multidisciplinary interagency case management and information sharing systems.

(Sec. 4) Requires the U.S. Sentencing Commission to promulgate or amend guidelines to provide that offenses contained in the juvenile record of an adult defendant be considered as adult offenses in sentencing determinations if such juvenile offenses would have constituted a felony had they been committed by an adult.

(Sec. 5) Amends the Federal criminal code to direct that juvenile records be released to the extent necessary to meet inquiries from officials of a school, school district, or any post-secondary school where the individual who is the subject of the record seeks, intends, or is instructed or ordered to enroll.

(Sec. 6) Amends the Individuals with Disabilities Education Act to make certain provisions under such Act inapplicable to a child with a disability who commits on the property of a school under the jurisdiction of the State or local educational agency a criminal act which would be considered a crime if committed by an adult and such act subsequently becomes the basis for a juvenile adjudication or criminal proceeding involving the child.

(Sec. 7) Requires the Director of the FBI, Identification Division, to provide upon request the information received under provisions of the JJDPA to officials of a school, school district, or post-secondary school where the individual who is the subject of such information seeks, intends, or is instructed or ordered to enroll.

(Sec. 8) Amends the Federal Juvenile Delinquency Act to require that: (1) with specified exceptions, juvenile defendants 14 years of age or older be prosecuted as adults if charged with specified offenses, including murder or attempted murder, robbery while armed with a dangerous or deadly weapon, forcible rape, and certain serious drug offenses; and (2) whenever a juvenile is adjudicated in a juvenile proceeding to have engaged in conduct constituting such an offense or to be delinquent for conduct which if committed by an adult would constitute a felony, the court shall require that a record relating to the adjudication is kept and made available, that the juvenile is fingerprinted and photographed, and that certain information is transmitted to the Federal Bureau of Investigation.