H.R.1699 - Families First Juvenile Offender Control and Prevention Act of 1997105th Congress (1997-1998)
|Sponsor:||Rep. Stupak, Bart [D-MI-1] (Introduced 05/21/1997)|
|Committees:||House - Judiciary; Education and the Workforce; Commerce; Government Reform|
|Latest Action:||House - 06/17/1997 Referred to the Subcommittee on Early Childhood, Youth and Families. (All Actions)|
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Summary: H.R.1699 — 105th Congress (1997-1998)All Information (Except Text)
Introduced in House (05/21/1997)
TABLE OF CONTENTS:
Title I: Juvenile Offender Control and Prevention Grants
Title II: Violent Juvenile Offenders
Title III: Gang Violence
Title IV: Prevention and Treatment of Youth Drug Addiction
Title V: Improving Juvenile Crime and Drug Prevention
Families First Juvenile Offender Control and Prevention Act of 1997 - Title I: Juvenile Offender Control and Prevention Grants - Juvenile Offender Control and Prevention Grant Act of 1997 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to replace provisions regarding alternative methods of punishment for young offenders with a juvenile offender control and prevention grant program. Authorizes the Director of the Bureau of Justice Assistance to make grants to qualifying units of local government, according to a specified formula, to be used for one of several specified activities, such as building or expanding secure juvenile correction or detention facilities for violent juvenile offenders.
Sets forth provisions regarding prohibited uses of grant funds, repayment of unexpended amounts, and matching funds. Authorizes appropriations. Makes specified sums available to the Attorney General for studying effectiveness and efficiency, assuring compliance, and for administrative costs. Directs the Attorney General to establish and execute an oversight plan for monitoring the activities of grant recipients.
Requires the Director to: (1) issue regulations establishing procedures under which a unit of local government is required to provide notice to the Director regarding the proposed use of grant funds; and (2) establish a process for the ongoing evaluation of projects developed with such funds. Sets forth provisions regarding sanctions for noncompliance and maintenance of effort requirements.
(Sec. 103) Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to provide information and technical assistance to community-based organizations and units of local government to assist in the establishment, operation, and replication of model programs designed to prevent juvenile delinquency.
Title II: Violent Juvenile Offenders - Amends Federal criminal code (code) provisions regarding the transfer of a juvenile for criminal prosecution in Federal court to require that the transfer decision be made not later than 90 days after the first day of the hearing.
(Sec. 202) Eliminates the statute of limitations for a Class A felony involving murder.
(Sec. 203) Provides that, except for capital offenses and Class A felonies involving murder, no person shall be prosecuted, tried, or punished for a Class A felony that is a crime of violence or a drug trafficking crime unless the indictment is returned or the information is filed within ten years after the commission of the offense.
(Sec. 204) Modifies provisions regarding dispositional hearings to: (1) require that the probation officer prepare a predisposition report and promptly provide a copy to the juvenile, the attorney for the juvenile, and the attorney for the Government; and (2) require the court to order restitution; and (3) authorize the court, upon suspending the findings of juvenile delinquency, to impose any fine that would be authorized if the juvenile had been tried and convicted as an adult.
Specifies that for a juvenile found to be delinquent the term for which: (1) probation may be ordered may not extend beyond the maximum term that would be authorized if the juvenile had been tried and convicted as an adult; (2) official detention may be ordered may not extend beyond the lesser of the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult, ten years, or the date on which the juvenile achieves age 26; and (3) supervised release may be ordered may not extend beyond five years.
Authorizes the court, with respect to any juvenile prosecuted and convicted as an adult, pursuant to guidelines promulgated by the United States Sentencing Commission, to determine to treat the conviction as an adjudication of delinquency and impose any disposition authorized. Directs the Commission to promulgate such guidelines within a year.
Requires that a juvenile detained pending juvenile proceedings or a criminal trial, or detained or imprisoned pursuant to an adjudication or conviction, be substantially segregated from any prisoners convicted for crimes who have attained age 21.
(Sec. 205) Amends the Brady Handgun Violence Prevention Act to increase penalties for: (1) juvenile handgun possession; and (2) knowingly receiving a firearm with an obliterated serial number.
(Sec. 207) Directs the Commission to amend the Federal sentencing guidelines to increase the base offense level for certain offenses relating to the transfer of firearms or ammunition to prohibited persons.
(Sec. 208) Modifies code provisions regarding the use of juvenile records to direct that a juvenile who has been adjudicated delinquent for an act that, if committed by an adult, would be a felony or for a violation of juvenile handgun possession provisions shall be fingerprinted and photographed and the results sent to the Federal Bureau of Investigation (FBI). Directs the court to also transmit to the FBI information concerning the adjudication.
Specifies that if the law of the State in which a Federal juvenile delinquency proceeding takes place permits or requires the reporting, retention, disclosure, or availability of records or information relating to a juvenile or to a juvenile delinquency proceeding or adjudication in certain circumstances, then such reporting, retention, disclosure, or availability is permitted under the code whenever the same circumstances exist.
Title III: Gang Violence - Increases the penalty for, and the scope of provisions regarding, the use of physical force to tamper with witnesses, victims, or informants.
(Sec. 302) Sets penalties for interstate: (1) travel to engage in witness intimidation or obstruction of justice; and (2) franchising of criminal street gangs.
(Sec. 303) Expands pretrial detention eligibility for serious gang and other violent criminals.
(Sec. 304) Establishes a conspiracy penalty for obstruction of justice offenses involving victims, witnesses, and informants.
Title IV: Prevention and Treatment of Youth Drug Addiction - Expresses the sense of the Congress that appropriations for State grants (for drug and violence prevention programs) and national programs under the Elementary and Secondary Education Act should increase by specified amounts.
(Sec. 402) Amends: (1) the National Narcotics Leadership Act of 1988 to reauthorize the Office of National Drug Control Policy; and (2) the Controlled Substances Act (CSA) to authorize the Attorney General to reschedule certain drugs posing an imminent danger to public safety.
(Sec. 403) Directs the Attorney General to add ketamine hydrochloride and gamma hydroxybutyrate to schedule III of the CSA.
Title V: Improving Juvenile Crime and Drug Prevention - Directs the Attorney General to enter into a contract with a public or nonprofit private entity for the purpose of conducting a study or studies to: (1) evaluate the effectiveness of federally funded programs for preventing juvenile violence and juvenile substance abuse and criminal victimization of juveniles; (2) identify specific Federal programs and programs that receive Federal funds that contribute to reductions in juvenile violence, juvenile substance abuse, and risk factors among juveniles that lead to violent behavior and substance abuse and specific programs that have not achieved their intended results; and (3) make specific recommendations on programs that should receive continued or increased funding or that should have their funding terminated or reduced.
Requires the Attorney General to request the National Academy of Sciences to enter into such contract, and if it declines, to carry out this title through other public or nonprofit private entities. Allows the contracting party to request assistance from the Department of Justice and any other appropriate Federal agency.
Sets forth reporting requirements. Authorizes appropriations.