Juvenile Crime Control Act of 1997

Summary

TABLE OF CONTENTS: Title I: Strengthening the Federal Juvenile Justice System Title II: Armed Violent Youth Apprehension Directive Title III: Accountability for Juvenile Offenders and Public Protection Incentive Grants Juvenile Crime Control Act of 1997 - Title I: Strengthening the Federal Juvenile Justice System - Revises provisions of the Federal criminal code regarding delinquency proceedings in district courts and transfer for criminal prosecution to require that a juvenile alleged to have committed an offense against the United States or an act of juvenile delinquency be surrendered to State authorities or be proceeded against in Federal court as a juvenile or tried as an adult, with exceptions. Repeals the prohibition against proceeding against a juvenile in Federal court unless the Attorney General certifies that the State does not have available programs and services adequate for the needs of juveniles or the offense charged is a felony crime of violence or a specified drug offense. Requires that a juvenile be prosecuted as an adult if the juvenile: (1) has requested in writing upon advice of counsel to be prosecuted as an adult; or (2) is alleged to have committed an act after attaining age 14 (current law refers to a juvenile 15 years and older alleged to have committed the act after his fifteenth birthday) which if committed by an adult would be a serious violent felony or a specified drug offense. Makes this provision inapplicable if the Attorney General certifies to the appropriate U.S. district court that the interests of public safety are best served by proceeding against the juvenile as a juvenile. Makes certain determinations to approve or not to approve, or to institute or not to institute, a prosecution of a juvenile as an adult non-reviewable in any court. Permits the juvenile in such prosecutions to be prosecuted and convicted as an adult for any other offense which is properly joined under the Federal Rules of Criminal Procedure, and to be convicted of a lesser included offense. (Sec. 102) Requires: (1) an arresting officer to promptly take reasonable steps to notify the parents, guardian, or custodian of a juvenile taken into custody (current law requires immediate notification of such parties and the Attorney General); and (2) the juvenile to be taken before a judicial officer without unreasonable delay (current law prohibits a juvenile from being detained for longer than a reasonable period before being brought before a magistrate). (Sec. 104) Replaces a requirement that detention be in a foster home or community based facility located in or near the juvenile's home community with a preference given to a place located within, or within a reasonable distance of, the district in which the juvenile is being prosecuted. Requires that every juvenile detained prior to sentencing be provided with reasonable safety and security. (Sec. 105) Requires that a juvenile proceeded against for allegedly committing an offense against the United States or an act of juvenile delinquency be brought to trial within 45 days from the date such detention began or the information be dismissed on motion of the alleged delinquent or at the court's direction, with exceptions. (Sec. 106) Modifies requirements regarding dispositional hearings. Directs the court, if it finds such juvenile to be a juvenile delinquent, to hold a hearing concerning the appropriate disposition of the juvenile within 40 (currently, 20) court days, unless the court has ordered further study. Requires that a predisposition report be prepared by the probation officer who shall promptly provide a copy to the juvenile, the juvenile's counsel, and the attorney for the Government. Specifies that victim impact information shall be included in the report and victims, or (as appropriate) their official representatives, shall be provided the opportunity to make a statement to the court in person or present any information in relation to the disposition. Directs the court, after the dispositional hearing, to impose an appropriate sanction, including the ordering of restitution. Limits the term for which: (1) probation may be ordered for a juvenile found to be a juvenile delinquent to five years for a felony or a misdemeanor, and one year for an infraction; (2) official detention may be ordered for such juvenile to the lesser of the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult, ten years, or the date when the juvenile becomes 26 years old; and (3) supervised release may be ordered for such juvenile to five years. Directs the United States Sentencing Commission to develop a list of possible sanctions for juveniles adjudicated delinquent, which shall be comprehensive and encompass punishments of varying levels of severity, including mandatory confinement for juveniles who have been adjudicated delinquent in Federal or State court on more than two occasions. (Sec. 107) Modifies provisions regarding juvenile records. Requires the court to keep a record relating to the arrest and adjudication of a juvenile alleged to have committed an offense against the United States or an act of juvenile delinquency throughout and upon completion of the juvenile delinquency proceeding that is equivalent to the record that would be kept of an adult arrest and conviction for such an offense and retained for a period equal to that for which adult conviction records are kept. Directs that such records be made available for official purposes. Requires the Attorney General to establish guidelines for fingerprinting and photographing a juvenile who is the subject of any such proceeding. Directs that fingerprints and photographs of a juvenile who is prosecuted as an adult be made available in the manner applicable to adult offenders. Sets forth provisions regarding the reporting, retention, disclosure, or availability of records or information where such activities are authorized or required in the law of the State in which a Federal juvenile delinquency proceeding takes place. (Sec. 108) Modifies provisions regarding commitment of a juvenile to prohibit the Attorney General from causing any such juvenile under age 19 adjudicated delinquent to be placed or retained in an adult jail or correctional facility in which the juvenile has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges (as under current law), except for placement in a community-based facility. Directs that every adjudicated delinquent who has been committed be provided with reasonable safety and security. (Sec. 110) Makes any act of juvenile delinquency that if committed by an adult would be a serious drug offense a predicate offense under the Armed Career Criminal Act. Title II: Armed Violent Youth Apprehension Directive - Directs the Attorney General to establish an armed violent youth apprehension program under which: (1) each U.S. attorney shall designate at least one assistant U.S. attorney to prosecuted armed violent youth and establish an armed youth criminal apprehension task force; (2) at least bimonthly, the Attorney General shall require each U.S. attorney to report to the Department of Justice the number of youths charged with, or convicted of, violating specified Federal firearms-related prohibitions, in the district for which the U.S. attorney is appointed and the number of youths referred to a State for prosecution for similar offenses; and (3) at least biannually, the Attorney General shall submit to the Congress a compilation of such information and a report of all waivers granted. Sets forth waiver authority and sunset provisions. Title III: Accountability for Juvenile Offenders and Public Protection Incentive Grants - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to replace provisions regarding grants to develop alternative methods of punishment for young offenders with provisions authorizing grants for purposes of building, expanding, or operating temporary or permanent juvenile correction or detention facilities or for developing and administering accountability-based sanctions for juvenile offenders. Sets forth eligibility requirements, including that a State have in effect laws, policies, or programs which authorize prosecution as an adult of a juvenile who commits an act after attaining age 14 that would be a serious violent crime if committed by an adult, establish graduated sanctions for juvenile offenders, and meet specified recordkeeping requirements. (Sec. 303) Authorizes appropriations under such Act for FY 1998 through 2000.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 7 January 1997

   Introduced

   Referred to the House Committee on the Judiciary.

   Source: IntroReferral

2. 7 January 1997

   Introduced

   Introduced in House

   Source: IntroReferral

3. 7 January 1997

   Introduced

   Introduced in House

   Source: IntroReferral

4. 28 January 1997

   Referred

   Referred to the Subcommittee on Crime.

   Source: Committee

5. 22 April 1997

   Committee

   Subcommittee on Crime Discharged.

   Source: Committee

6. 24 April 1997

   Committee

   Committee Consideration and Mark-up Session Held.

   Source: Committee

7. 29 April 1997

   Vote

   Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 9.

   Source: Committee

8. 29 April 1997

   Committee

   Committee Consideration and Mark-up Session Held.

   Source: Committee

9. 1 May 1997

   Calendars

   Placed on the Union Calendar, Calendar No. 57.

   Source: Calendars

10. 1 May 1997

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 105-86.

    Source: Committee

11. 1 May 1997

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 105-86.

    Source: Committee

12. 6 May 1997

    Reported

    Rules Committee Resolution H. Res. 143 Reported to House. Rule provides for consideration of H.R. 3 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.

    Source: Floor

13. 7 May 1997

    Floor

    Committee of the Whole House on the state of the Union rises leaving H.R. 3 as unfinished business.

    Source: Floor

14. 7 May 1997

    Floor

    Rule provides for consideration of H.R. 3 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.

    Source: Floor

15. 7 May 1997

    Floor

    The Speaker designated the Honorable Jack Kingston to act as Chairman of the Committee.

    Source: Floor

16. 7 May 1997

    Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 143 and Rule XXIII.

    Source: Floor

17. 7 May 1997

    Floor

    Considered under the provisions of rule H. Res. 143. (consideration: CR H2323-2333)

    Source: Floor

18. 7 May 1997

    Passed

    Rule H. Res. 143 passed House.

    Source: Floor

19. 8 May 1997

    Floor

    Mr. Conyers moved to recommit with instructions to Judiciary.

    Source: Floor

20. 8 May 1997

    Passed

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

    Source: Floor

21. 8 May 1997

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

22. 8 May 1997

    Introduced

    Received in the Senate and read twice and referred to the Committee on Judiciary.

    Source: IntroReferral

23. 8 May 1997

    Floor

    The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 3.

    Source: Floor

24. 8 May 1997

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

25. 8 May 1997

    Vote

    On passage Passed by recorded vote: 286 - 132 (Roll no. 118).

    Source: Floor

26. 8 May 1997

    Vote

    Passed/agreed to in House: On passage Passed by recorded vote: 286 - 132 (Roll no. 118).

    Source: Floor

27. 8 May 1997

    Vote

    On motion to recommit with instructions Failed by recorded vote: 174 - 243 (Roll no. 117). (consideration: CR H2393-2397)

    Source: Floor

28. 8 May 1997

    Floor

    The previous question on the motion to recommit with instructions was ordered without objection.

    Source: Floor

29. 8 May 1997

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3.

    Source: Floor

30. 8 May 1997

    Floor

    DEBATE - Pusuant to the provisions of H. Res. 143, the Committee of the Whole proceeded with one hour of debate on the Stupak amendment.

    Source: Floor

31. 8 May 1997

    Floor

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

    Source: Floor

32. 8 May 1997

    Floor

    Considered as unfinished business. (consideration: CR H2356-2398)

    Source: Floor

Votes

No vote records are attached yet.

Versions

• Referred in Senate · 8 May 1997 · Official file
• Engrossed in House · 8 May 1997 · Official file
• Reported in House · 1 May 1997 · Official file
• Introduced in House · 7 January 1997 · Official file

Documents

10 official files

• Engrossed in House (text)

  Engrossed in House · EN · 8 May 1997

  ViewDownloadOpen at official source

• Engrossed in House (PDF)

  Engrossed in House · EN · 8 May 1997

  ViewDownloadOpen at official source

• Referred in Senate (text)

  Referred in Senate · EN · 8 May 1997

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• Referred in Senate (PDF)

  Referred in Senate · EN · 8 May 1997

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• Passed House amended

  summary · EN · 8 May 1997

  Open at official source

• Reported in House (text)

  Reported in House · EN · 1 May 1997

  ViewDownloadOpen at official source

• Reported in House (PDF)

  Reported in House · EN · 1 May 1997

  ViewDownloadOpen at official source

• Introduced in House (text)

  Introduced in House · EN · 7 January 1997

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 7 January 1997

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 7 January 1997

  Open at official source

Sponsors

• Rep. McCollum, Bill [R-FL-5] · R · Sponsor
• Rep. Coble, Howard [R-NC-6] · R · Sponsor
• Rep. Barr, Bob [R-GA-7] · R · Sponsor
• Rep. Bryant, Ed [R-TN-7] · R · Sponsor
• Rep. Canady, Charles T. [R-FL-12] · R · Sponsor
• Rep. Christensen, Jon [R-NE-2] · R · Cosponsor
• · ssju00 · Standing
• · hsju00 · Standing

Related records

• related to → Providing for consideration of the bill (H.R. 3) to combat violent youth crime and increase accountability for juvenile criminal offenses.
• related to ← Violent and Repeat Juvenile Offender Act of 1997