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S. 2550 (es) To authorize appropriations for fiscal year 2001 for military activities of the Department of Defense, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes. [Engrossed in Senate] ...


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                                                         Calendar No. 8

106th CONGRESS

  1st Session

                                 S. 254

_______________________________________________________________________

                                 A BILL

    To reduce violent juvenile crime, promote accountability by and 
  rehabilitation of juvenile criminals, punish and deter violent gang 
                     crime, and for other purposes.

_______________________________________________________________________

                            January 22, 1999

            Read the second time and placed on the calendar





                                                         Calendar No. 8
106th CONGRESS
  1st Session
                                 S. 254

    To reduce violent juvenile crime, promote accountability by and 
  rehabilitation of juvenile criminals, punish and deter violent gang 
                     crime, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 20, 1999

 Mr. Hatch (for himself, Mr. Sessions, Mr. Thurmond, Mr. Abraham, Mr. 
DeWine, Mr. Ashcroft, Mr. Lott, and Mr. Hagel) introduced the following 
                  bill; which was read the first time

                            January 22, 1999

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
    To reduce violent juvenile crime, promote accountability by and 
  rehabilitation of juvenile criminals, punish and deter violent gang 
                     crime, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Violent and Repeat 
Juvenile Offender Accountability and Rehabilitation Act of 1999''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Severability.
                    TITLE I--JUVENILE JUSTICE REFORM

Sec. 101. Repeal of general provision.
Sec. 102. Treatment of Federal juvenile offenders.
Sec. 103. Definitions.
Sec. 104. Notification after arrest.
Sec. 105. Release and detention prior to disposition.
Sec. 106. Speedy trial.
Sec. 107. Dispositional hearings.
Sec. 108. Use of juvenile records.
Sec. 109. Implementation of a sentence for juvenile offenders.
Sec. 110. Magistrate judge authority regarding juvenile defendants.
Sec. 111. Federal sentencing guidelines.
Sec. 112. Study and report on Indian tribal jurisdiction.
                        TITLE II--JUVENILE GANGS

Sec. 201. Solicitation or recruitment of persons in criminal street 
                            gang activity.
Sec. 202. Increased penalties for using minors to distribute drugs.
Sec. 203. Penalties for use of minors in crimes of violence.
Sec. 204. Amendment of Federal sentencing guidelines with respect to 
                            body armor.
Sec. 205. High intensity interstate gang activity areas.
Sec. 206. Increasing the penalty for using physical force to tamper 
                            with witnesses, victims, or informants.
  TITLE III--JUVENILE CRIME CONTROL, ACCOUNTABILITY, AND DELINQUENCY 
                               PREVENTION

 Subtitle A--Reform of the Juvenile Justice and Delinquency Prevention 
                              Act of 1974

Sec. 301. Findings; declaration of purpose; definitions.
Sec. 302. Juvenile crime control and prevention.
Sec. 303. Runaway and homeless youth.
Sec. 304. National Center for Missing and Exploited Children.
Sec. 305. Transfer of functions and savings provisions.
Subtitle B--Accountability for Juvenile Offenders and Public Protection 
                            Incentive Grants

Sec. 321. Block grant program.
Sec. 322. Pilot program to promote replication of recent successful 
                            juvenile crime reduction strategies.
Sec. 323. Repeal of unnecessary and duplicative programs.
Sec. 324. Extension of Violent Crime Reduction Trust Fund.
Sec. 325. Reimbursement of States for costs of incarcerating juvenile 
                            aliens.
Sec. 326. Sense of Congress.
      Subtitle C--Alternative Education and Delinquency Prevention

Sec. 331. Alternative education.
                   TITLE IV--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

Sec. 401. Prohibition on firearms possession by violent juvenile 
                            offenders.
                 Subtitle B--Jail-Based Substance Abuse

Sec. 421. Jail-based substance abuse treatment programs.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) at the outset of the 20th century, the States adopted a 
        separate justice system for juvenile offenders;
            (2) violent crimes committed by juveniles, such as 
        homicide, rape, and robbery, were an unknown phenomenon then, 
        but the rate at which juveniles commit such crimes has 
        escalated astronomically since that time;
            (3) in 1994--
                    (A) the number of persons arrested overall for 
                murder in the United States decreased by 5.8 percent, 
                but the number of persons who are less than 15 years of 
                age arrested for murder increased by 4 percent; and
                    (B) the number of persons arrested for all violent 
                crimes increased by 1.3 percent, but the number of 
                persons who are less than 15 years of age arrested for 
                violent crimes increased by 9.2 percent, and the number 
                of persons less than 18 years of age arrested for such 
                crimes increased by 6.5 percent;
            (4) from 1985 to 1996, the number of persons arrested for 
        all violent crimes increased by 52.3 percent, but the number of 
        persons under age 18 arrested for violent crimes rose by 75 
        percent;
            (5) the number of juvenile offenders is expected to undergo 
        a massive increase during the first 2 decades of the twenty-
        first century, culminating in an unprecedented number of 
        violent offenders who are less than 18 years of age;
            (6) the rehabilitative model of sentencing for juveniles, 
        which Congress rejected for adult offenders when Congress 
        enacted the Sentencing Reform Act of 1984, is inadequate and 
        inappropriate for dealing with many violent and repeat juvenile 
        offenders;
            (7) the Federal Government should encourage the States to 
        experiment with progressive solutions to the escalating problem 
        of juveniles who commit violent crimes and who are repeat 
        offenders, including prosecuting such offenders as adults, but 
        should not impose specific strategies or programs on the 
        States;
            (8) an effective strategy for reducing violent juvenile 
        crime requires greater collection of investigative data and 
        other information, such as fingerprints and DNA evidence, as 
        well as greater sharing of such information--
                    (A) among Federal, State, and local agencies, 
                including the courts; and
                    (B) among the law enforcement, educational, and 
                social service systems;
            (9) data regarding violent juvenile offenders should be 
        made available to the adult criminal justice system if 
        recidivism by criminals is to be addressed adequately;
            (10) holding juvenile proceedings in secret denies victims 
        of crime the opportunity to attend and be heard at such 
        proceedings, helps juvenile offenders to avoid accountability 
        for their actions, and shields juvenile proceedings from public 
        scrutiny and accountability;
            (11) the injuries and losses suffered by the victims of 
        violent crime are no less painful or devastating because the 
        offender is a juvenile; and
            (12) the prevention, investigation, prosecution, 
        adjudication, and punishment of criminal offenses committed by 
        juveniles, and the rehabilitation and correction of juvenile 
        offenders are, and should remain, primarily the responsibility 
        of the States, to be carried out without interference from the 
        Federal Government.
    (b) Purposes.--The purposes of this Act are--
            (1) to reform Federal juvenile justice programs and 
        policies in order to promote the emergence of juvenile justice 
        systems in which the paramount concerns are providing for the 
        safety of the public and holding juvenile wrongdoers 
        accountable for their actions, while providing the wrongdoer a 
        genuine opportunity for self-reform;
            (2) to revise the procedures in Federal court that are 
        applicable to the prosecution of juvenile offenders; and
            (3) to encourage and promote, consistent with the ideals of 
        federalism, adoption of policies by the States to ensure that 
        the victims of violent crimes committed by juveniles receive 
        the same level of justice as do victims of violent crimes that 
        are committed by adults.

SEC. 3. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

                    TITLE I--JUVENILE JUSTICE REFORM

SEC. 101. REPEAL OF GENERAL PROVISION.

    (a) In General.--Chapter 401 of title 18, United States Code, is 
amended--
            (1) by striking section 5001; and
            (2) by redesignating section 5003 as section 5001.
    (b) Conforming Amendments.--The analysis for chapter 401 of title 
18, United States Code, is amended--
            (1) by striking the items relating to sections 5001 and 
        5002; and
            (2) by redesignating the item relating to section 5003 as 
        an item relating to section 5001.

SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

    (a) In General.--Section 5032 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5032. Delinquency proceedings in district courts; juveniles 
              tried as adults; transfer for other criminal prosecution
    ``(a) In General.--
            ``(1) Delinquency proceedings in district courts.--A 
        juvenile who is alleged to have committed a Federal offense 
        shall, except as provided in paragraph (2), be tried in the 
        appropriate district court of the United States--
                    ``(A) in the case of an offense described in 
                subsection (c), and except as provided in subsection 
                (i), if the juvenile was not less than 14 years of age 
                at the time of the offense, as an adult at the 
                discretion of the United States Attorney in the 
                appropriate jurisdiction, upon certification by that 
                United States Attorney (which certification shall not 
                be subject to review in or by any court) that--
                            ``(i) there is a substantial Federal 
                        interest in the case or the offense to warrant 
                        the exercise of Federal jurisdiction; or
                            ``(ii) the ends of justice otherwise so 
                        require;
                    ``(B) in the case of a felony offense that is not 
                described in subsection (c), and except as provided in 
                subsection (i), if the juvenile was not less than 14 
                years of age at the time of the offense, as an adult, 
                upon certification by the Attorney General (which 
                certification shall not be subject to review in or by 
                any court) that--
                            ``(i) there is a substantial Federal 
                        interest in the case or the offense to warrant 
                        the exercise of Federal jurisdiction; or
                            ``(ii) the ends of justice otherwise so 
                        require;
                    ``(C) in the case of a juvenile who has, on a prior 
                occasion, been tried and convicted as an adult under 
                this section, as an adult; and
                    ``(D) in all other cases, as a juvenile.
            ``(2) Referral by united states attorney; application to 
        concurrent jurisdiction.--
                    ``(A) In general.--If the United States Attorney in 
                the appropriate jurisdiction (or in the case of an 
                offense under paragraph (1)(B), the Attorney General), 
                declines prosecution of an offense under this section, 
                the matter may be referred to the appropriate legal 
                authorities of the State or Indian tribe with 
                jurisdiction over both the offense and the juvenile.
                    ``(B) Application to concurrent jurisdiction.--The 
                United States Attorney in the appropriate jurisdiction 
                (or, in the case of an offense under paragraph (1)(B), 
                the Attorney General), in cases of concurrent 
                jurisdiction between the Federal Government and a State 
                or Indian tribe over both the offense and the juvenile, 
                shall exercise a presumption in favor of referral 
                pursuant to subparagraph (A), unless the United States 
                Attorney pursuant to paragraph (1)(A) (or the Attorney 
                General pursuant to paragraph (1)(B)) certifies (which 

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