Protect Children From Violence Act

TABLE OF CONTENTS:

Title I: Violent, Armed, and Dangerous Juvenile Offender

Accountability

Subtitle A: Protecting Children from Drugs, Guns, and

Violence

Subtitle B: Violent and Repeat Juvenile Offender

Accountability

Subtitle C: Combating Gang Violence

Title II: Accountability for Juvenile Offenders and Public

Protection Incentive Grants to States

Title III: Reform of Grant Programs

Protect Children From Violence Act - Title I: Violent, Armed, and Dangerous Juvenile Offender Accountability - Subtitle A: Protecting Children From Drugs, Guns, and Violence - Amends the Controlled Substances Act to increase penalties for distributing drugs to minors, drug trafficking in or near a school or other protected location, and using minors to distribute drugs.

(Sec. 104) Considers an offense to have been committed in the presence of a child if it takes place in the line of sight of an individual who has not attained age 18, or if an individual who has not attained age 18 habitually resides in the place where the violation occurs. Directs the United States Sentencing Commission to amend the Federal sentencing guidelines to provide specified sentencing enhancements for offenses committed in the presence of children.

(Sec. 105) Amends the Federal criminal code (the code) to prohibit and set penalties for using minors to commit, or to assist in avoiding detection or apprehension for, crimes of violence and for soliciting or recruiting minors to participate in criminal gang activity. Directs the commission to amend the sentencing guidelines to provide an appropriate enhancement for any offense involving the recruitment of a minor to participate in a criminal street gang.

(Sec. 107) Makes crimes involving the use of minors predicate offenses to a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO).

Subtitle B: Violent and Repeat Juvenile Offender Accountability - Amends code provisions regarding delinquency proceedings in district courts and transfer for criminal prosecution to authorize a juvenile alleged to have committed an offense against the United States or an act of juvenile delinquency to be surrendered to State authorities, but directs that if not so surrendered the juvenile be proceeded against as a juvenile or tried as an adult in Federal court.

Requires that: (1) if a juvenile is proceeded against as a juvenile in Federal court, the proceeding be open to the public, with exceptions; and (2) a juvenile who is not less than age 14 and is alleged to have committed an act of juvenile delinquency that, if committed by an adult, would be a Federal felony offense, be tried in U.S. district court as an adult if the offense charged is murder or specified other offenses.

(Sec. 123) Modifies code provisions regarding custody prior to appearance before a magistrate to direct that: (1) the arresting officer notify the U.S. Attorney of the appropriate jurisdiction as soon as practicable and promptly take reasonable steps to notify the juvenile's parents, guardian, or custodian of custody; and (2) the juvenile not be subject to detention under conditions that permit prohibited physical contact or sustained oral communication with adult inmates.

(Sec. 124) Provides for pretrial detention of juveniles tried as adults on the same basis as adults.

(Sec. 125) Extends the period in which the trial of a juvenile in detention must be commenced from 30 to 70 days after the beginning of detention. Applies in juvenile cases the same tolling provisions for such time period that apply in adult prosecutions. Directs the court, in determining whether an information should be dismissed with or without prejudice, to consider the seriousness of the alleged act of juvenile delinquency, the facts and circumstances of the case that led to the dismissal, and the impact of a re-prosecution on the administration of justice.

(Sec. 126) Revises code provisions regarding the sentencing of juveniles found to be delinquent but not tried as adults to direct the court to hold a dispositional hearing within 40 court days after the finding of delinquency, unless the court has ordered further study.

Requires: (1) a predisposition report to 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; (2) victim impact information and a copy of the juvenile's prior conviction record to be included in the report; (3) victims or their official representatives to be provided the opportunity to make a statement to the court or present information in relation to the disposition; and (4) the court to impose an appropriate sanction, after a dispositional hearing and after considering possible sanctions, including the ordering of restitution.

Sets forth provisions regarding release or detention pending appeal, probation, official detention, supervised release, and observation and study (if the court desires more detailed information concerning a juvenile alleged to have committed an act of delinquency or a juvenile adjudicated delinquent).

Directs the Sentencing Commission to develop a list of possible sanctions for juveniles adjudicated delinquent.

(Sec. 127) Amends provisions regarding the use of juvenile records to direct the court, if a juvenile is adjudicated delinquent in a juvenile delinquency proceeding for conduct that, if committed by an adult, would constitute a felony, to comply with specified requirements, including: (1) that a record be kept regarding the adjudication that is equivalent to that kept of an adult conviction for such offense and that certain requirements be met regarding period of retention and access by law enforcement agencies, school officials, the courts, and governmental agencies responsible for dealing with crime victims; and (2) specified requirements regarding the fingerprinting and photographing of juveniles, dissemination of juvenile records, and the fingerprinting and photographing upon arrest of violent juvenile offenders. Requires, in any case in which a juvenile is tried as an adult in Federal court, the juvenile's Federal criminal record to be made available in the same manner as is applicable to the records of adult defendants.

(Sec. 128) Revises code provisions regarding juvenile commitment to require the sentence for a juvenile who is adjudicated delinquent or found guilty of an offense in U.S. district court to be carried out in the same manner as for an adult defendant, with exceptions.

(Sec. 129) Directs the Commission to amend the sentencing guidelines to provide that, for purposes of sentencing determinations regarding an adult defendant, an offense contained in the defendant's juvenile record for which the defendant was adjudicated delinquent shall be treated in the same manner as an adult offense, if the juvenile offense would have constituted a felony if it had been committed by the defendant as an adult.

(Sec. 130) Requires the Attorney General to: (1) establish a violent, armed, and dangerous youth apprehension program, under which each U.S. attorney shall designate at least one assistant U.S. attorney to prosecute violent, armed, and dangerous youth offenders and shall establish a violent, armed, and dangerous youth criminal apprehension task force; (2) require each U.S. attorney to report, at least every other month, to the Department of Justice certain information on such offenders; and (3) submit to the Congress, at least twice annually, a compilation of such information and a report on any waivers granted.

(Sec. 131) Directs the Bureau of Prisons to establish and operate four new correctional facilities for the confinement of Federal juvenile offenders. Authorizes appropriations.

Subtitle C: Combating Gang Violence - Amends: (1) the code to increase penalties for engaging in a pattern of criminal gang activity (subject to a certification by specified officials that the prosecution is in public interest and is necessary to secure substantial justice); and (2) the Travel Act to expand the scope of the Act to include conspiring to perform proscribed acts and to increase the penalty for specified acts regarding the commission of crimes of violence to further unlawful activity to include the death penalty.

(Sec. 141) Directs the Commission to amend the sentencing guidelines to increase: (1) the offense level for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang, where the defendant was a member of such gang at the time of the offense; and (2) the base offense level for traveling in interstate or foreign commerce in aid of a criminal street gang or other unlawful activity and for the commission of a crime of violence in aid of a criminal street gang or other unlawful activity.

(Sec. 144) Makes serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act.

(Sec. 145) Increases the penalty for using physical force or tampering with witnesses, victims, or informants.

Title II: Accountability for Juvenile Offenders and Public Protection Incentive Grants to States - 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 a juvenile accountability block grant program. Authorizes grants to States, for use by States and units of local government, to promote greater accountability in the juvenile justice system, including for building, expanding, or operating temporary or permanent juvenile correction or detention facilities and for programs to seek to target, curb, and punish adults who knowingly and intentionally use a juvenile during the commission or attempted commission of a crime.

Requires States, to be eligible to receive such grants, to implement laws, policies, or programs that provide for: (1) prosecution of juveniles (no less than age 14) as adults for certain offenses, such as murder, forcible rape, and certain serious drug offenses; (2) compliance with specified recordkeeping requirements for juvenile delinquency proceedings; (3) fingerprinting and photographing upon arrest of violent juvenile offenders; and (4) criminal penalties for adults who use juveniles in crimes of violence or drug offenses. Makes State grant recipients eligible for an additional amount upon demonstrating compliance with one or more of specified accountability-based juvenile crime control practices.

Sets forth provisions regarding the allocation and distribution of amounts, State options in providing services (including through religious organizations, subject to specified requirements), and the timing of payments. Authorizes appropriations. Allocates certain funds for oversight. Allows authorized amounts to be appropriated from the Violent Crime Reduction Trust Fund.

Title III: Reform of Grant Programs - Revises Juvenile Justice and Delinquency Prevention Act of 1974 (the Act): (1) findings to specify that juvenile delinquency requires action by Federal, State, and local governments (currently, the Federal Government); and (2) purposes to include assisting State and local governments in promoting public safety by improving the openness of the juvenile justice system to the public and by encouraging the identification of violent and hard-core juveniles and transferring them into adult criminal court jurisdiction.

(Sec. 303) Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to: (1) develop objectives, priorities, and a long-term plan, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile delinquency programs and activities relating to punishment and to submit such plan to the Congress; and (2) submit to the President, specified congressional leaders, and the Governor of each State a report containing data and analysis regarding the rate at which juveniles are taken into custody, the numbers of juveniles taken into custody, repeat offenders, juveniles using weapons, and juvenile and adult victims of juvenile crime, and trends.

(Sec. 305) Amends Act provisions regarding block grants for State and local programs to authorize the Administrator to: (1) make grants to charitable and religious organizations and for specified purposes such as initiatives for holding juveniles accountable for acts of delinquency and improving juvenile court and law enforcement records; and (2) use specified sums to establish and maintain a clearinghouse to disseminate to the States information on juvenile delinquency prevention, treatment, and control, and to provide training and technical assistance.

(Sec. 306) Requires the State plan to provide assurances that, in each secure facility located in the State, there is no commingling in the same cell or community room or any other regular, sustained physical contact between a juvenile and an adult offender.

(Sec. 307) Repeals various Act programs, including provisions regarding the National Institute for Juvenile Justice and Delinquency Prevention, special emphasis prevention and treatment programs, State challenge activities, treatment for juvenile offenders who are victims of child abuse or neglect, mentoring, boot camps, and the White House Conference on Juvenile Justice.

(Sec. 308) Authorizes appropriations for the Office and for block grants for State and local programs, and for community-based gang intervention. Specifies that the source of such appropriations may be the Violent Crime Reduction Trust Fund.