Kalief’s Law

I 117TH CONGRESS 1ST SESSION H. R. 131 To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide for the humane treatment of youths who are in police custody, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 2021 Ms. JACKSON LEE introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide for the humane treatment of youths who are in police custody, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Effective and Humane 4 Treatment of Youth Act of 2021’’ or ‘‘Kalief’s Law’’. 5 SEC. 2. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY 6 BLOCK GRANTS. 7 Section 1810(a) of the Omnibus Crime Control and 8 Safe Streets Act of 1968 is amended by inserting before 9 VerDate Sep 11 2014 23:50 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H131.IH H131 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 131 IH the period at the end the following: ‘‘and such funds as 1 may be necessary for each of fiscal years 2021 through 2 2025’’. 3 SEC. 3. HUMANE TREATMENT OF YOUTH FOR GRANT ELIGI- 4 BILITY. 5 (a) IN GENERAL.—Section 1802 of the Omnibus 6 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 7 10403) is amended— 8 (1) in subsection (a)— 9 (A) in paragraph (1)(B), by striking ‘‘and’’ 10 at the end; 11 (B) in paragraph (2), by striking the pe- 12 riod at the end and inserting ‘‘; and’’; and 13 (C) by adding at the end the following: 14 ‘‘(3) assurances that the State and any unit of 15 local government to which the State provides fund- 16 ing under section 1803(b), has in effect (or shall 17 have in effect, not later than 1 year after the date 18 that the State submits such application) laws, or has 19 implemented (or shall implement, not later than 1 20 year after the date that the State submits such ap- 21 plication) policies and programs, that provide for a 22 right to speedy trial in accordance with subsection 23 (g), timely bail consideration in accordance with sub- 24 section (h), and the restrictions on the use of tem- 25 VerDate Sep 11 2014 23:50 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H131.IH H131 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 131 IH porary separation in accordance with subsection 1 (i).’’; 2 (2) in subsection (b)— 3 (A) in paragraph (1)— 4 (i) in subparagraph (A)(ii), by strik- 5 ing ‘‘and’’ at the end; and 6 (ii) in subparagraph (B), by striking 7 the period at the end and inserting ‘‘; 8 and’’; and 9 (B) by adding at the end the following: 10 ‘‘(C) such assurances as the State shall re- 11 quire, that, to the extent applicable, the unit of 12 local government has in effect (or shall have in 13 effect, not later than 1 year after the date that 14 the unit submits such application) laws, or has 15 implemented (or shall implement, not later than 16 1 year after the date that the unit submits such 17 application) policies and programs, that provide 18 for a right to speedy trial in accordance with 19 subsection (g), timely bail consideration in ac- 20 cordance with subsection (h), and the restric- 21 tions on the use of temporary separation in ac- 22 cordance with subsection (i).’’; and 23 (3) by adding at the end the following: 24 VerDate Sep 11 2014 23:50 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H131.IH H131 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 131 IH ‘‘(g) RIGHT TO SPEEDY TRIAL.—The requirements 1 under this subsection relating to the right to a speedy trial 2 for a youth are, at a minimum, that in the case of a youth 3 who is held in custody, charges in any criminal case are 4 dismissed with prejudice not later than 60 days after the 5 date on which the youth was arrested (which shall be com- 6 puted in accordance with section 3161(h) of title 18, 7 United States Code), if a trial has not commenced or there 8 has not been an adjudication of the case on the merits. 9 For purposes of this subsection, the determination of 10 whether an individual is a youth shall be based on the 11 individual’s age at the time that the individual is taken 12 into custody for the alleged criminal conduct. 13 ‘‘(h) RIGHT TO TIMELY BAIL CONSIDERATION.— 14 ‘‘(1) IN GENERAL.—The requirements under 15 this subsection relating to a youth’s right to timely 16 bail consideration are, at a minimum, that— 17 ‘‘(A) the youth receives an initial detention 18 hearing not later than the second working day 19 after being taken into custody, except that— 20 ‘‘(i) if the youth is taken into custody 21 on a Friday or Saturday, not later than 22 one working day after being taken into 23 custody; or 24 VerDate Sep 11 2014 23:50 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H131.IH H131 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 131 IH ‘‘(ii) in the case of an arrest for a sta- 1 tus offense, not later than one working day 2 after being taken into custody; 3 ‘‘(B) in the case of a youth who is 17 4 years of age or younger, the parent, guardian 5 or custodian of the youth receives from the 6 court reasonable notice of the detention hearing 7 if the parent, guardian or custodian can be lo- 8 cated; 9 ‘‘(C) prior to any detention hearing, the 10 youth is advised of the right to counsel, the 11 right to have counsel appointed by the court if 12 the youth is indigent, and the procedure for the 13 appointment of counsel; 14 ‘‘(D) if at the initial detention hearing the 15 youth does not have counsel, the court shall ap- 16 point counsel before making a ruling on wheth- 17 er to release or continue detaining the youth; 18 ‘‘(E) no statement made by the youth at 19 any detention hearing is admissible against the 20 youth at any other hearings or proceedings; 21 ‘‘(F) if a youth is detained, a detention 22 hearing to review the release decision is held 23 every 10 working days, or every 15 working 24 days if the youth is held outside the county of 25 VerDate Sep 11 2014 23:50 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H131.IH H131 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 131 IH jurisdiction, unless the youth waives review on 1 the advice of counsel; 2 ‘‘(G) there is a presumption of release at 3 a detention hearing, unless— 4 ‘‘(i) the youth will be removed from 5 the jurisdiction of the court prior to the 6 next scheduled hearing; 7 ‘‘(ii) in the case of a youth who is 17 8 years of age or younger, the youth lacks 9 suitable and safe supervision, care, and 10 protection from a parent, guardian, custo- 11 dian, or other person or agency; or 12 ‘‘(iii) the youth may be a danger to 13 himself or herself, a threat to public safety, 14 or is likely to commit an offense if re- 15 leased, and the court determines that such 16 danger, threat, or likelihood cannot be 17 overcome with appropriate supervision, 18 services, or treatment; and 19 ‘‘(H) a detained youth who is not charged 20 with a criminal offense at an initial detention 21 hearing is released unless— 22 ‘‘(i) in the case of a youth who is de- 23 tained for delinquency, a probation viola- 24 tion, or a status offense, the State brings 25 VerDate Sep 11 2014 23:50 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H131.IH H131 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 131 IH a petition or formal charge against the 1 youth not later than 15 working days after 2 the initial detention decision; 3 ‘‘(ii) except as provided in clause (i), 4 in the case of a youth who is detained for 5 criminal conduct for which the maximum 6 term of imprisonment is less than one 7 year, the State brings a formal charge 8 against the youth not later than 30 work- 9 ing days after the initial detention deci- 10 sion; or 11 ‘‘(iii) except as provided in clause (i), 12 in the case of a youth who is detained for 13 criminal conduct for which the maximum 14 term of imprisonment is one year or great- 15 er, the State brings a formal charge 16 against the youth not later than 60 days 17 after the initial detention decision. 18 ‘‘(2) STATUS AS YOUTH.—For purposes of this 19 subsection, the determination of whether an indi- 20 vidual is a youth shall be based on the individual’s 21 age at the time that the individual is taken into cus- 22 tody for the alleged criminal conduct. 23 ‘‘(3) DEFINITIONS.—For the purpose of this 24 subsection: 25 VerDate Sep 11 2014 23:50 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H131.IH H131 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 131 IH ‘‘(A) The term ‘detention hearing’ means a 1 hearing— 2 ‘‘(i) conducted by a duly appointed or 3 elected judge or, if a judge is not available, 4 a referee appointed for the purpose of con- 5 ducting detention hearings; and 6 ‘‘(ii) recorded at the request of any 7 party. 8 ‘‘(B) The term ‘status offense’ means an 9 offense which prohibits conduct only for youths 10 and not for adults, based on their age, includ- 11 ing truancy, running away, breach of curfew, 12 and age-based alcohol or drug offenses. 13 ‘‘(i) BAN ON THE USE OF SOLITARY CONFINE- 14 MENT.— 15 ‘‘(1) IN GENERAL.—The requirements under 16 this subsection relating to the restrictions on the use 17 of temporary separation are, at a minimum, that— 18 ‘‘(A) temporary separation of a youth from 19 the general population in a detention facility is 20 not used for any purpose other than as a tem- 21 porary response to behavior of the individual 22 that poses a serious and immediate risk of 23 physical harm to that individual or to others; 24 VerDate Sep 11 2014 23:50 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H131.IH H131 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 131 IH ‘‘(B) a good faith effort to employ less re- 1 strictive techniques, including de-escalation and 2 intervention by facility employees, mental health 3 professionals, and other youths must occur be- 4 fore the use of temporary separation; 5 ‘‘(C) before or immediately after a youth is 6 placed in temporary separation, an employee of 7 the detention facility provides the individual 8 with an explanation of the reasons for the sepa- 9 ration and under what circumstances it will 10 end; 11 ‘‘(D) the duration for which a youth is 12 placed in temporary separation does not exceed 13 3 hours, and consecutive periods of temporary 14 separation for the same episode of behavior are 15 prohibited; 16 ‘‘(E) a youth is released from temporary 17 separation as soon as he or she no longer poses 18 a risk of serious and immediate physical harm; 19 ‘‘(F) in the case of a youth who continues 20 to pose a risk of serious and immediate physical 21 harm after being in temporary separation for 3 22 hours, prior to, or upon the conclusion of such 23 3-hour period, the facility initiates a transfer to 24 another facility that can provide necessary serv- 25 VerDate Sep 11 2014 23:50 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H131.IH H131 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 131 IH ices without the use of temporary separation or 1 refers the individual to a mental health facility 2 that can provide necessary services, in which 3 case the individual may remain in temporary 4 separation pending such transfer; 5 ‘‘(G) the physical space used for temporary 6 separation— 7 ‘‘(i) is at least 80 square feet, suicide- 8 resistant, and protrusion-free; 9 ‘‘(ii) has adequate lighting and ven- 10 tilation; 11 ‘‘(iii) is kept at a reasonable tempera- 12 ture; and 13 ‘‘(iv) provides access to clean potable 14 water, toilet facilities, and hygiene sup- 15 plies; and 16 ‘‘(H) a youth placed in temporary separa- 17 tion has access to appropriate medical and men- 18 tal health services, and receives crisis interven- 19 tion and one-on-one observation. 20 ‘‘(2) DEFINITION.—For the purpose of this 21 subsection, the term ‘temporary separation’ means 22 the involuntary restriction of an individual alone in 23 a cell, room, or other area isolated away from all 24 VerDate Sep 11 2014 23:50 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H131.IH H131 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 131 IH human contact except for the employees of the de- 1 tention facility.’’. 2 (b) YOUTH DEFINED.—Section 1809 of the Omnibus 3 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 4 10410) is amended by at the end the following: 5 ‘‘(7) YOUTH.—The term ‘youth’ means an indi- 6 vidual who is 21 years of age or younger.’’. 7 SEC. 4. TREATMENT OF YOUTH IN FEDERAL PRISONS AND 8 CORRECTIONAL FACILITIES. 9 (a) IN GENERAL.—Chapter 401 of title 18, United 10 States Code, is amended by adding at the end the fol- 11 lowing: 12 ‘‘§ 5004. Recording of custodial interrogations of 13 youth 14 ‘‘(a) IN GENERAL.—A custodial interrogation of a 15 youth shall be electronically recorded in its entirety in 16 audio and visual form, except that if any part of the inter- 17 rogation occurs outside of a place of detention, an audio 18 recording may be used. If the interrogation occurs in a 19 detention facility, the camera shall show both the interro- 20 gator and the youth. 21 ‘‘(b) INADMISSIBILITY OF STATEMENTS NOT RE- 22 CORDED.—Except as provided in subsections (c), (d), and 23 (e), any statement made by a youth during a custodial 24 interrogation that is not recorded in accordance with sub- 25 VerDate Sep 11 2014 23:50 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H131.IH H131 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 131 IH section (a), is inadmissible as evidence against the youth 1 in any juvenile delinquency or criminal proceeding brought 2 against the youth. 3 ‘‘(c) EXCEPTIONS GENERALLY.—A statement made 4 by a youth in a custodial interrogation that would be inad- 5 missible under subsection (b) may be admitted into evi- 6 dence in a criminal or juvenile delinquency proceeding 7 brought against the youth if the court finds the following: 8 ‘‘(1) The statement is admissible under the ap- 9 plicable rules of evidence. 10 ‘‘(2) The prosecution has proven by clear and 11 convincing evidence that the youth made the state- 12 ment voluntarily, and that such statement is reliable. 13 ‘‘(3) The prosecution has proven by clear and 14 convincing evidence that one or more of the fol- 15 lowing circumstances existed at the time of the cus- 16 todial interrogation: 17 ‘‘(A) The questions put forth by law en- 18 forcement personnel, and the youth’s responsive 19 statements, were part of the routine processing 20 or intake of the youth. 21 ‘‘(B) Before or during a custodial interro- [Text truncated for display. 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