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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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