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S. 860 — what changed

Juvenile Justice and Delinquency Prevention Reauthorization Act of 2017

From Introduced in Senate to Engrossed in Senate. 1 section amended between Introduced in Senate and Engrossed in Senate.

Sec. 205 State plans

Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is amended—

(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by striking “and shall describe the status of compliance with State plan requirements.” and inserting “and shall describe how the State plan is supported by or takes account of scientific knowledge regarding adolescent development and behavior and regarding the effects of delinquency prevention programs and juvenile justice interventions on adolescents. Not later than 60 days after the date on which a plan or amended plan submitted under this subsection is finalized, a State shall make the plan or amended plan publicly available by posting the plan or amended plan on the State's publicly available website.”;
(B)
in paragraph (3)—
(i)
in subparagraph (A)—
(I)
in clause (i), by inserting “adolescent development,” after “concerning”;
(II)
in clause (ii)—
(aa)
in subclause (II), by striking “counsel for children and youth” and inserting “publicly supported court-appointed legal counsel for juveniles charged with an act of juvenile delinquency or a status offense, consistent with other Federal law”;
(bb)
in subclause (III), by striking “mental health, education, special education” and inserting “child and adolescent mental health, education, child and adolescent substance abuse, special education, services for youth with disabilities”;
(cc)
in subclause (V), by striking “delinquents or potential delinquents” and inserting “delinquent youth or youth at risk of delinquency”;
(dd)
in subclause (VI), by striking “youth workers involved with” and inserting “representatives of”;
(ee)
in subclause (VII), by striking “and” at the end;
(ff)
by striking subclause (VIII) and inserting the following:

“(VIII) persons, licensed or certified by the applicable State, with expertise and competence in preventing and addressing mental health and substance abuse needs in juvenile delinquents and those at-risk of delinquency;

“(IX) representatives of victim or witness advocacy groups, including at least 1 individual with expertise in addressing the challenges of sexual abuse and exploitation and trauma; and

“(X) for a State in which one or more Indian tribes are located, an Indian tribal representative or, if such Indian tribal representative is unavailable, other individual with significant expertise in tribal law enforcement and juvenile justice in Indian tribal communities;”

(III)
in clause (iv), by striking “24 at the time of appointment” and inserting “28 at the time of initial appointment”; and
(IV)
in clause (v) by inserting “or, if not feasible and in appropriate circumstances, who is the parent or guardian of someone who has been or is currently under the jurisdiction of the juvenile justice system” after “juvenile justice system”;
(ii)
in subparagraph (C), by striking “30 days” and inserting “45 days”; and
(iii)
in subparagraph (D)(ii), by striking “at least annually recommendations regarding State compliance with the requirements of paragraphs (11), (12), and (13)” and inserting “at least every 2 years a report and necessary recommendations regarding State compliance with the core requirements”; and
(iv)
in subparagraph (E)—
(I)
in clause (i), by adding “and” at the end; and
(II)
in clause (ii), by striking the period at the end and inserting a semicolon;
(C)
in paragraph (5)(C), by striking “Indian tribes” and all that follows through “applicable to the detention and confinement of juveniles” and inserting “Indian tribes that agree to attempt to comply with the core requirements applicable to the detention and confinement of juveniles”;
(D)
in paragraph (7)—
(i)
in subparagraph (A), by striking “performs law enforcement functions” and inserting “has jurisdiction”; and
(ii)
in subparagraph (B)—
(I)
in clause (iii), by striking “and” at the end; and
(II)
by striking clause (iv) and inserting the following:

“(iv) a plan to provide alternatives to detention for status offenders, juveniles who have been induced to perform commercial sex acts, and others, where appropriate, such as specialized or problem-solving courts or diversion to home-based or community-based services or treatment for those youth in need of mental health, substance abuse, or co-occurring disorder services at the time such juveniles first come into contact with the juvenile justice system;

“(v) a plan to reduce the number of children housed in secure detention and corrections facilities who are awaiting placement in residential treatment programs;

“(vi) a plan to engage family members, where appropriate, in the design and delivery of juvenile delinquency prevention and treatment services, particularly post-placement;

“(vii) a plan to use community-based services to respond to the needs of at-risk youth or youth who have come into contact with the juvenile justice system;

“(viii) a plan to promote evidence-based and trauma-informed programs and practices; and

“(ix) not later than 1 year after the date of enactment of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2017, a plan, which shall be implemented not later than 2 years after the date of enactment of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2017, to—

“(I) eliminate the use of restraints of known pregnant juveniles housed in secure juvenile detention and correction facilities, during labor, delivery, and post-partum recovery, unless credible, reasonable grounds exist to believe the detainee presents an immediate and serious threat of hurting herself, staff, or others; and

“(II) eliminate the use of abdominal restraints, leg and ankle restraints, wrist restraints behind the back, and four-point restraints on known pregnant juveniles, unless—

“(aa) credible, reasonable grounds exist to believe the detainee presents an immediate and serious threat of hurting herself, staff, or others; or

“(bb) reasonable grounds exist to believe the detainee presents an immediate and credible risk of escape that cannot be reasonably minimized through any other method;”

(E)
in paragraph (8), by striking “existing” and inserting “evidence-based and promising”;
(F)
in paragraph (9)—
(i)
in the matter preceding subparagraph (A), by inserting “, with priority in funding given to entities meeting the criteria for evidence-based or promising programs” after “used for”;
(ii)
in subparagraph (A)(i), by inserting “status offenders and other” before “youth who need”;
(iii)
in subparagraph (B)(i)—
(I)
by striking “parents and other family members” and inserting “status offenders, other youth, and the parents and other family members of such offenders and youth”; and
(II)
by striking “be retained” and inserting “remain”;
(iv)
in subparagraph (E)—
(I)
in the matter preceding clause (i), by striking “delinquent” and inserting “at-risk or delinquent youth”; and
(II)
in clause (i), by inserting “, including for truancy prevention and reduction” before the semicolon;
(v)
by redesignating subparagraphs (G) through (S) as subparagraphs (H) through (T), respectively;
(vi)
in subparagraph (F), in the matter preceding clause (i), by striking “expanding” and inserting “programs to expand”;
(vii)
by inserting after subparagraph (F), the following:

“(G) expanding access to publicly supported, court-appointed legal counsel and enhancing capacity for the competent representation of every child, consistent with other Federal law;”

(viii)
in subparagraph (H), as so redesignated, by striking “State,” each place the term appears and inserting “State, tribal,”;
(ix)
in subparagraph (M), as so redesignated—
(I)
in clause (i)—
(aa)
by inserting “pre-adjudication and” before “post-adjudication”;
(bb)
by striking “restraints” and inserting “alternatives”; and
(cc)
by inserting “specialized or problem-solving courts,” after “(including”; and
(II)
in clause (ii)—
(aa)
by striking “by the provision by the Administrator”; and
(bb)
by striking “to States”;
(x)
in subparagraph (N), as redesignated—
(I)
by inserting “and reduce the risk of recidivism” after “families”; and
(II)
by striking “so that juveniles may be retained in their homes”;
(xi)
in subparagraph (S), as so redesignated, by striking “and” at the end;
(xii)
in subparagraph (T), as so redesignated—
(I)
by inserting “or co-occurring disorder” after “mental health”;
(II)
by inserting “court-involved or” before “incarcerated”;
(III)
by striking “suspected to be”;
(IV)
by striking “and discharge plans” and inserting “provision of treatment, and development of discharge plans”; and
(V)
by striking the period at the end and inserting a semicolon; and
(xiii)
by inserting after subparagraph (T) the following:

“(U) programs and projects designed to inform juveniles of the opportunity and process for expunging juvenile records and to assist juveniles in pursuing juvenile record ex­punge­ments for both adjudications and arrests not followed by adjudications;

“(V) programs that address the needs of girls in or at risk of entering the juvenile justice system, including pregnant girls, young mothers, survivors of commercial sexual exploitation or domestic child sex trafficking, girls with disabilities, and girls of color, including girls who are members of an Indian tribe; and

“(W) monitoring for compliance with the core requirements and providing training and technical assistance on the core requirements to secure facilities;”

(G)
by striking paragraph (11) and inserting the following:

“(11)

“(A) in accordance with rules issued by the Administrator, provide that a juvenile shall not be placed in a secure detention facility or a secure correctional facility, if—

“(i) the juvenile is charged with or has committed an offense that would not be criminal if committed by an adult, excluding—

“(I) a juvenile who is charged with or has committed a violation of section 922(x)(2) of title 18, United States Code, or of a similar State law;

“(II) a juvenile who is charged with or has committed a violation of a valid court order issued and reviewed in accordance with paragraph (23); and

“(III) a juvenile who is held in accordance with the Interstate Compact on Juveniles as enacted by the State; or

“(ii) the juvenile—

“(I) is not charged with any offense; and

“(II)

“(aa) is an alien; or

“(bb) is alleged to be dependent, neglected, or abused; and

“(B) require that—

“(i) not later than 3 years after the date of enactment of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2017, unless a court finds, after a hearing and in writing, that it is in the interest of justice, 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—

“(I) shall not have sight or sound contact with adult inmates; and

“(II) except as provided in paragraph (13), may not be held in any jail or lockup for adults;

“(ii) in determining under subparagraph (A) 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—

“(I) the age of the juvenile;

“(II) the physical and mental maturity of the juvenile;

“(III) the present mental state of the juvenile, including whether the juvenile presents an imminent risk of harm to the juvenile;

“(IV) the nature and circumstances of the alleged offense;

“(V) the juvenile's history of prior delinquent acts;

“(VI) the relative ability of the available adult and juvenile detention facilities to not only meet the specific needs of the juvenile but also to protect the safety of the public as well as other detained youth; and

“(VII) any other relevant factor; and

“(iii) if a court determines under subparagraph (A) that it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults—

“(I) 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

“(II) the juvenile shall not be held in any jail or lockup for adults, or 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;”

(H)
in paragraph (12)(A), by striking “contact” and inserting “sight or sound contact”;
(I)
in paragraph (13), by striking “contact” each place it appears and inserting “sight or sound contact”;
(J)
by striking paragraphs (22) and (27);
(K)
by redesignating paragraph (28) as paragraph (27);
(L)
by redesignating paragraphs (15) through (21) as paragraphs (16) through (22), respectively;
(M)
by inserting after paragraph (14) the following:

“(15) implement policy, practice, and system improvement strategies at the State, territorial, local, and tribal levels, as applicable, to identify and reduce racial and ethnic disparities among youth who come into contact with the juvenile justice system, without establishing or requiring numerical standards or quotas, by—

“(A) establishing or designating existing coordinating bodies, composed of juvenile justice stakeholders, (including representatives of the educational system) at the State, local, or tribal levels, to advise efforts by States, units of local government, and Indian tribes to reduce racial and ethnic disparities;

“(B) identifying and analyzing key decision points in State, local, or tribal juvenile justice systems to determine which points create racial and ethnic disparities among youth who come into contact with the juvenile justice system; and

“(C) developing and implementing a work plan that includes measurable objectives for policy, practice, or other system changes, based on the needs identified in the data collection and analysis under subparagraph (B);”

(N)
in paragraph (15), as so redesignated—
(i)
by striking “adequate system” and inserting “effective system”;
(ii)
by inserting “lock-ups,” after “monitoring jails,”;
(iii)
by inserting “and” after “detention facilities,”;
(iv)
by striking “, and non-secure facilities”;
(v)
by striking “insure” and inserting “ensure”;
(vi)
by striking “requirements of paragraph (11),” and all that follows through “monitoring to the Administrator” and inserting “core requirements are met, and for annual reporting to the Administrator”; and
(vii)
by striking “, in the opinion of the Administrator,”;
(O)
in paragraph (16), as so redesignated, by inserting “ethnicity,” after “race,”;
(P)
in paragraph (21), as so redesignated, by striking “local,” each place the term appears and inserting “local, tribal,”;
(Q)
in paragraph (23)—
(i)
in subparagraphs (A), (B), and (C), by striking “juvenile” each place it appears and inserting “status offender”;
(ii)
in subparagraph (B), by striking “and” at the end;
(iii)
in subparagraph (C)—
(I)
in clause (i), by striking “and” at the end;
(II)
in clause (ii), by adding “and” at the end; and
(III)
by adding at the end the following:

“(iii) if such court determines the status offender should be placed in a secure detention facility or correctional facility for violating such order—

“(I) the court shall issue a written order that—

“(aa) identifies the valid court order that has been violated;

“(bb) specifies the factual basis for determining that there is reasonable cause to believe that the status offender has violated such order;

“(cc) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the status offender in such a facility, with due consideration to the best interest of the juvenile;

“(dd) specifies the length of time, not to exceed 7 days, that the status offender may remain in a secure detention facility or correctional facility, and includes a plan for the status offender's release from such facility; and

“(ee) may not be renewed or extended; and

“(II) the court may not issue a second or subsequent order described in subclause (I) relating to a status offender, unless the status offender violates a valid court order after the date on which the court issues an order described in subclause (I);”

(iv)
by adding at the end the following:

changed “(D) there are procedures in place to ensure that any status offender 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 7 days or the length of time authorized by the court, whichever is shorter; andand”

removed “(E) not later than 3 years after the date of enactment of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2017, the State will eliminate the use of valid court orders to provide secure confinement of status offenders, 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—

removed “(i) specifies the factual basis to believe that the State has the authority to detain the juvenile under the terms of the Interstate Compact for Juveniles;

removed “(ii) 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;

removed “(iii) 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

removed “(iv) may not be renewed or extended;”

(R)
in paragraph (26)—
(i)
by inserting “and in accordance with confidentiality concerns,” after “maximum extent practicable,”; and
(ii)
by striking the semicolon at the end and inserting the following: “, so as to provide for—

“(A) data in child abuse or neglect reports relating to juveniles entering the juvenile justice system with a prior reported history of arrest, court intake, probation and parole, juvenile detention, and corrections; and

“(B) a plan to use the data described in subparagraph (A) to provide necessary services for the treatment of such victims of child abuse or neglect;”

(S)
in paragraph (27), as so redesignated, by striking the period at the end and inserting a semicolon; and
(T)
by adding at the end the following:

“(28) provide for the coordinated use of funds provided under this Act with other Federal and State funds directed at juvenile delinquency prevention and intervention programs;

“(29) describe the policies, procedures, and training in effect for the staff of juvenile State correctional facilities to eliminate the use of dangerous practices, unreasonable restraints, and unreasonable isolation, including by developing effective behavior management techniques;

“(30) describe—

“(A) the evidence-based methods that will be used to conduct mental health and substance abuse screening, assessment, referral, and treatment for juveniles who—

“(i) request a screening;

“(ii) show signs of needing a screening; or

“(iii) are held for a period of more than 24 hours in a secure facility that provides for an initial screening; and

“(B) how the State will seek, to the extent practicable, to provide or arrange for mental health and substance abuse disorder treatment for juveniles determined to be in need of such treatment;

“(31) describe how reentry planning by the State for juveniles will include—

“(A) a written case plan based on an assessment of needs that includes—

“(i) the pre-release and post-release plans for the juveniles;

“(ii) the living arrangement to which the juveniles are to be discharged; and

“(iii) any other plans developed for the juveniles based on an individualized assessment; and

“(B) review processes;

“(32) provide that the agency of the State receiving funds under this Act collaborate with the State educational agency receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) to develop and implement a plan to ensure that, in order to support educational progress—

“(A) the student records of adjudicated juveniles, including electronic records if available, are transferred in a timely manner from the educational program in the juvenile detention or secure treatment facility to the educational or training program into which the juveniles will enroll;

“(B) the credits of adjudicated juveniles are transferred; and

“(C) adjudicated juveniles receive full or partial credit toward high school graduation for secondary school coursework satisfactorily completed before and during the period of time during which the juveniles are held in custody, regardless of the local educational agency or entity from which the credits were earned; and

“(33) describe policies and procedures to—

“(A) screen for, identify, and document in records of the State the identification of victims of domestic human trafficking, or those at risk of such trafficking, upon intake; and

“(B) divert youth described in subparagraph (A) to appropriate programs or services, to the extent practicable.”

(2)
in subsection (d)—
(A)
by striking “described in paragraphs (11), (12), (13), and (21) of subsection (a)” and inserting “described in the core requirements”; and
(B)
by striking “the requirements under paragraphs (11), (12), (13), and (21) of subsection (a)” and inserting “the core requirements”;
(3)
in subsection (f)(2)—
(A)
by striking subparagraph (A); and
(B)
by redesignating subparagraphs (B) through (E) and subparagraphs (A) through (D), respectively; and
(4)
by adding at the end the following:

“(g) Compliance Determination

“(1) In general—For each fiscal year, the Administrator shall make a determination regarding whether each State receiving a grant under this Act is in compliance or out of compliance with respect to each of the core requirements.

“(2) Reporting—The Administrator shall—

“(A) issue an annual public report—

“(i) describing any determination described in paragraph (1) made during the previous year, including a summary of the information on which the determination is based and the actions to be taken by the Administrator (including a description of any reduction imposed under subsection (c)); and

“(ii) for any such determination that a State is out of compliance with any of the core requirements, describing the basis for the determination; and

“(B) make the report described in subparagraph (A) available on a publicly available website.

“(3) Determinations required—The Administrator may not—

“(A) determine that a State is “not out of compliance”, or issue any other determination not described in paragraph (1), with respect to any core requirement; or

“(B) otherwise fail to make the compliance determinations required under paragraph (1).”