| Home > 106th Congressional Bills > 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] ...
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] ...
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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