I 118THCONGRESS 1 STSESSION H. R. 44 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 JANUARY9, 2023 Ms. J ACKSONLEEintroduced 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 2023’’ or the ‘‘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 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 44 IH the period at the end the following: ‘‘and such sums as 1 may be necessary for each of fiscal years 2023 through 2 2027’’. 3 SEC. 3. HUMANE TREATMENT OF YOUTH FOR GRANT ELIGI-4 BILITY. 5 (a) I NGENERAL.—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 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 44 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 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 44 IH ‘‘(g) RIGHT TOSPEEDYTRIAL.—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) R IGHT TOTIMELYBAILCONSIDERATION.— 14 ‘‘(1) I N 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 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 44 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 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 44 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 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 44 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) S TATUS 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) D EFINITIONS.—For the purpose of this 24 subsection: 25 VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 44 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) B AN ON THE USE OFSOLITARYCONFINE-14 MENT.— 15 ‘‘(1) I N 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 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 44 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 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 44 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) D EFINITION.—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 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 44 IH human contact except for the employees of the de-1 tention facility.’’. 2 (b) Y OUTHDEFINED.—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) Y OUTH.—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) I NGENERAL.—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) I NGENERAL.—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) I NADMISSIBILITY OF STATEMENTSNOTRE-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 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 44 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) E XCEPTIONSGENERALLY.—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-22 gation, after having consulted with his or her 23 lawyer, the youth unambiguously declared on 24 the recording that he or she would only respond 25 VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 44 IH to the officer’s questions if his or her state-1 ments were not recorded. 2 ‘‘(C) The custodial interrogation took place 3 in another jurisdiction and was conducted by 4 officials of that jurisdiction in compliance with 5 the law of the jurisdiction. 6 ‘‘(D) Exigent circumstances existed, which 7 prevented the making of, or rendered it not fea-8 sible to make, a recording of the custodial inter-9 rogation. 10 ‘‘(d) E XCEPTIONRELATING TOSTATEMENTSMADE 11 INCOURT.—A statement made by a youth in a custodial 12 interrogation which would be inadmissable under sub-13 section (b) may be admitted into evidence in a juvenile 14 delinquency or criminal proceeding brought against the 15 youth if the court finds the following: 16 ‘‘(1) The statement was made before a grand 17 jury or in court. 18 ‘‘(2) The statement is admissible under applica-19 ble rules of evidence. 20 ‘‘(3) The prosecution has proven by clear and 21 convincing evidence that the youth made the state-22 ment voluntarily, and that such statement is reliable. 23 ‘‘(e) E XCEPTIONRELATING TOSTATEMENTSMADE 24 BYPRISONERS.— 25 VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 14 •HR 44 IH ‘‘(1) IN GENERAL.—Except as provided in para-1 graph (2), a statement made by a youth in a custo-2 dial interrogation which would be inadmissable 3 under subsection (b) may be admitted into evidence 4 in a juvenile delinquency or criminal proceeding 5 brought against the youth if, at the time of making 6 the statement, the youth was serving a term of im-7 prisonment in a Federal prison or correctional insti-8 tution. 9 ‘‘(2) L IMITATION.—A statement described in 10 paragraph (1) may not be admitted into evidence in 11 a juvenile delinquency or criminal proceeding 12 brought against the youth if the statement was 13 made in relation to an investigation of a crime com-14 mitted in the Federal prison or correctional institu-15 tion. 16 ‘‘(f) H ANDLING ANDPRESERVATION OFELECTRONIC 17 R ECORDINGS.—Recordings of custodial interrogations 18 under this subsection shall be handled and preserved as 19 follows: 20 ‘‘(1) The recording shall be clearly identified 21 and catalogued by law enforcement personnel. 22 ‘‘(2) If a juvenile delinquency or criminal pro-23 ceeding is brought against a youth who was the sub-24 ject of an electronically recorded custodial interroga-25 VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 15 •HR 44 IH tion, the recording shall be preserved by law enforce-1 ment personnel until all appeals, post-conviction, and 2 habeas corpus proceedings are final and concluded, 3 or the time within which such proceedings must be 4 brought has expired. 5 ‘‘(3) If no juvenile delinquency or criminal pro-6 ceeding is brought against a youth who has been the 7 subject of a recorded custodial interrogation, the re-8 lated recording shall be preserved by law enforce-9 ment personnel until all applicable State and Fed-10 eral statutes of limitations bar prosecution of the 11 youth. 12 ‘‘(g) S TUDY ANDREPORT.—Not later than 2 years 13 after the date of enactment of this Act, and annually 14 thereafter, the Attorney General shall submit to Congress 15 a report that describes— 16 ‘‘(1) the instances in which recorded interroga-17 tions were introduced as evidence in a juvenile delin-18 quency or criminal proceeding; 19 ‘‘(2) the instances in which interrogations were 20 not recorded but were nonetheless introduced as evi-21 dence in a juvenile delinquency or criminal pro-22 ceeding; 23 VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 16 •HR 44 IH ‘‘(3) the instances in which interrogations were 1 recorded and a plea of guilty was entered and ac-2 cepted by the court; and 3 ‘‘(4) the instances in which interrogations were 4 not recorded and a plea of guilty was entered and 5 accepted by the court. 6 ‘‘§ 5005. Ban on solitary confinement of youth 7 ‘‘(a) P ROHIBITION.—The placement of a youth in 8 temporary separation for any purpose other than as a tem-9 porary response to behavior of the individual that poses 10 a serious and immediate risk of physical harm to that indi-11 vidual or to others, is prohibited. 12 ‘‘(b) L ESSRESTRICTIVETECHNIQUES.—Techniques 13 that are less restrictive than temporary separation, includ-14 ing de-escalation and intervention by facility employees, 15 mental health professionals, and other youths shall be em-16 ployed before the use of temporary separation. 17 ‘‘(c) E XPLANATION.—Before or immediately after an 18 individual is placed in temporary separation, an employee 19 of the detention facility shall provide the individual with 20 an explanation of the reasons for the temporary separation 21 and under what circumstances it will end. 22 ‘‘(d) M AXIMUMTIME.—A youth shall not be placed 23 in temporary separation for more than 3 hours and con-24 VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 17 •HR 44 IH secutive periods of temporary separation for the same epi-1 sode of behavior are prohibited. 2 ‘‘(e) R ELEASE.—A youth shall be released from tem-3 porary separation as soon as he or she no longer poses 4 a risk of serious and immediate physical harm. If a youth 5 continues to pose a risk of serious and immediate physical 6 harm after being in temporary separation for 3 hours, the 7 facility shall, prior to, or upon the conclusion of such 3- 8 hour period, initiate a transfer to another facility that can 9 provide necessary services without the use of temporary 10 separation or refer the individual to a mental health facil-11 ity that can provide necessary services, in which case the 12 individual may remain in temporary separation pending 13 such transfer. 14 ‘‘(f) C ONDITIONS.—The physical space used for tem-15 porary separation shall— 16 ‘‘(1) be at least 80 square feet, suicide-resist-17 ant, and protrusion-free; 18 ‘‘(2) have adequate lighting and ventilation; 19 ‘‘(3) be kept at a reasonable temperature; and 20 ‘‘(4) provide access to clean potable water, toi-21 let facilities, and hygiene supplies. 22 ‘‘(g) S ERVICES.—A youth placed in temporary sepa-23 ration shall have access to appropriate medical and mental 24 VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 18 •HR 44 IH health services, and receive crisis intervention and one-on- 1 one observation. 2 ‘‘§ 5006. Restrictions on shackling of youth 3 ‘‘(a) I NGENERAL.—Instruments of restraint, such as 4 handcuffs, chains, irons, straitjackets, or similar items, 5 may not be used on a youth during a court proceeding 6 and must be removed prior to the youth’s entry into a 7 courtroom, unless the court finds that— 8 ‘‘(1) the use of restraints is necessary— 9 ‘‘(A) to prevent physical harm to the youth 10 or another person; or 11 ‘‘(B) to prevent the youth from fleeing the 12 court; and 13 ‘‘(2) a less restrictive alternative, such as the 14 presence of additional court personnel, law enforce-15 ment officers, or bailiffs, will not be sufficient to 16 prevent the behavior described in subparagraphs (A) 17 and (B) of paragraph (1). 18 ‘‘(b) O PPORTUNITYTORESPOND.—Before ordering 19 the use of restraints, the court shall provide the youth with 20 the opportunity to respond to any evidence presented 21 under subsection (a). 22 ‘‘(c) C ERTAINSHACKLINGPROHIBITED.—A court 23 may not order the use of restraints that— 24 VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 19 •HR 44 IH ‘‘(1) restrict movement of the youth’s hands, 1 such that the youth is unable to read and handle 2 documents used during the court proceeding; or 3 ‘‘(2) are fixed to a wall, the floor, or furniture. 4 ‘‘§ 5007. Definitions 5 ‘‘For purposes of this chapter: 6 ‘‘(1) The term ‘custodial interrogation’ means 7 questioning or other conduct by a law enforcement 8 officer which is reasonably likely to elicit an incrimi-9 nating response from an individual and occurs when 10 reasonable individuals in the same circumstances 11 would consider themselves in custody. 12 ‘‘(2) The term ‘temporary separation’ means 13 the involuntary restriction of an individual alone in 14 a cell, room, or other area isolated away from all 15 human contact except for the employees of the de-16 tention facility. 17 ‘‘(3) The term ‘youth’ means an individual who 18 is 21 years of age or younger.’’. 19 (b) T ECHNICAL AND CONFORMINGAMENDMENT.— 20 The table of sections for chapter 401 of title 18, United 21 States Code, is amended by adding at the end the fol-22 lowing: 23 ‘‘5004. Ban on solitary confinement of youth. ‘‘5005. Recording of custodial interrogations of youth. ‘‘5006. Restrictions on shackling of youth. ‘‘5007. Definitions.’’. VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6211 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 20 •HR 44 IH (c) STUDY ANDREPORT ONTEMPORARYSEPARA-1 TION OFYOUTH INFEDERALFACILITIES.—Not later 2 than 2 years after the date of enactment of this Act, and 3 annually thereafter, the Attorney General shall submit to 4 Congress a report that contains— 5 (1) a detailed description of the types and con-6 ditions of temporary separation used for Federal 7 prisoners or detainees who are youths; and 8 (2) a list of the number of instances in which 9 temporary separation was used for Federal prisoners 10 or detainees who are youths, disaggregated by age, 11 race, ethnicity, gender, and a description of the cir-12 cumstances specific to each such instance, including 13 the cause, length, and result. 14 SEC. 5. YOUTH CUSTODIAL INTERROGATION RECORDING 15 GRANTS. 16 (a) I NGENERAL.—Title I of the Omnibus Crime 17 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 18 et seq.) is amended by adding at the end the following: 19 ‘‘PART PP—YOUTH CUSTODIAL INTERROGATION 20 VIDEO RECORDING GRANTS 21 ‘‘SEC. 3051. CUSTODIAL INTERROGATION VIDEO RECORD-22 ING GRANTS. 23 ‘‘(a) G RANTPROGRAM.—The Attorney General shall 24 make grants to States and units of local government to 25 VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 21 •HR 44 IH take whatever steps the Attorney General determines to 1 be necessary to achieve complete and accurate recording, 2 by both audio and video means, of every custodial interro-3 gation of a youth occurring within the State or unit of 4 local government. 5 ‘‘(b) M ATCHINGREQUIREMENT.—The portion of the 6 costs of a program funded by a grant under this section 7 may not exceed 75 percent. 8 ‘‘(c) D EFINITIONS.—In this section: 9 ‘‘(1) The term ‘custodial interrogation’ means 10 questioning or other conduct by a law enforcement 11 officer which is reasonably likely to elicit an incrimi-12 nating response from an individual and occurs when 13 reasonable individuals in the same circumstances 14 would consider themselves in custody. 15 ‘‘(2) The term ‘youth’ means an individual who 16 is 21 years of age or younger.’’. 17 (b) A UTHORIZATION OF APPROPRIATIONS.—Section 18 1001(a) of title I of the Omnibus Crime Control and Safe 19 Streets Act of 1968 (34 U.S.C. 10261(a)) is amended by 20 adding at the end the following: 21 ‘‘(29) There are authorized to be appropriated 22 to carry out part PP such sums as may be necessary 23 for each of the first 5 fiscal years beginning after 24 the date of the enactment of such part.’’. 25 VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 22 •HR 44 IH SEC. 6. POLICE-YOUTH INTERACTIONS. 1 (a) I NGENERAL.—Beginning after the end of the im-2 plementation period, in the case of a State or unit of local 3 government that received a grant award under subpart 1 4 of part E of title I of the Omnibus Crime Control and 5 Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), or 6 under part Q of title I of such Act (34 U.S.C. 10381 et 7 seq.), if that State or unit of local government fails by 8 the end of a fiscal year to substantially comply with the 9 requirements of subsections (c) and (d), the Attorney Gen-10 eral shall reduce the amount that would otherwise be 11 awarded to that State or unit of government under such 12 grant program in the following fiscal year by 5 percent. 13 (b) R EALLOCATION.—Amounts not allocated under a 14 program referred to in subsection (a) to a State for failure 15 to be in compliance with this section shall be reallocated 16 under the program to States that are in compliance with 17 this section. 18 (c) P OLICE-YOUTHINTERACTIONPOLICY.—A State 19 or unit of local government shall have in effect a policy 20 establishing procedures, standards, and training on police- 21 youth interactions that are grounded in evidence-based 22 practices and address, at a minimum, de-escalation, verbal 23 communication, physical contact, use of restraints, use of 24 lethal and nonlethal force, notification of a parent or 25 guardian, interviews and questioning, custodial interroga-26 VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 23 •HR 44 IH tion, searches, audio and video recording, conditions of 1 custody, alternatives to arrest, diversion and community 2 resources, referral to child protection agencies, removal 3 from school grounds or campus, mental health and crisis 4 intervention, and any needs specific to minority youth. 5 (d) P OLICE-YOUTHINTERACTION TRAINING.—A 6 State or unit of local government shall have in effect a 7 policy requiring all law enforcement officers to receive 8 training on the police-youth interaction policy described in 9 subsection (c), and on police-youth interaction and mental 10 health crisis intervention generally, that is equal to the 11 quality and number of hours of training received for fire-12 arms and use of force, but not less than 12 hours at the 13 start of employment and 6 hours annually thereafter. 14 (e) G UIDANCE.—Not later than 1 year after the date 15 of enactment of this Act, the Attorney General shall issue 16 guidance on the establishment of police-youth interaction 17 policies and training in order to assist States and local 18 governments in complying with subsection (a). 19 (f) I MPLEMENTATION PERIOD.—The term ‘‘imple-20 mentation period’’ means the period beginning on the date 21 of enactment of this Act and ending on the later of— 22 (1) the date that is 1 year after the date of en-23 actment of this Act; or 24 VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS 24 •HR 44 IH (2) the date that is 1 year after the date on 1 which the Attorney General issues the guidance re-2 quired under subsection (e). 3 The Attorney General may extend such period by an addi-4 tional year not more than once. 5 Æ VerDate Sep 11 2014 03:17 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6301 E:\BILLS\H44.IH H44 kjohnson on DSK79L0C42PROD with BILLS