Eliminating Debtor's Prison for Kids Act of 2021
This bill directs the Department of Justice to make grants for states to provide mental and behavioral health services to at-risk youth, including juveniles in secure detention facilities or secure correctional facilities in the state.
A state that receives a grant must (1) prohibit certain fees from being imposed on juvenile offenders or their parents or guardians; and (2) report, for inclusion in a national report, certain information about fines and fees imposed on adults and juveniles in the criminal justice system.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4744 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4744
To establish a grant to provide mental health services and behavioral
health services to at-risk youth, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2021
Mr. Cardenas (for himself and Ms. Bass) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a grant to provide mental health services and behavioral
health services to at-risk youth, 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.
This Act may be cited as the ``Eliminating Debtor's Prison for Kids
Act of 2021''.
SEC. 2. YOUTH MENTAL HEALTH GRANT.
(a) In General.--Beginning not later than 180 days after the date
of enactment of this Act, the Attorney General shall carry out a
program under which the Attorney General makes grants to eligible
States for the purpose of providing evidence-based and trauma-informed
mental and behavioral health services to at-risk youth, including
juveniles in secure detention or correctional facilities in the State.
(b) Eligibility.--To be eligible to receive a grant under this
section, a State shall--
(1) certify to the Attorney General that the laws of the
State prohibit a juvenile offender or a parent or guardian of
such a juvenile from being ordered to pay probation supervision
fees or court administrative fees, including the cost of court-
appointed attorneys or public defenders, the cost of
prosecution, or other administrative costs of the court;
(2) certify to the Attorney General that the laws of the
State prohibit a parent or guardian of a juvenile offender from
paying child support or other costs for detention or post-
adjudication placement to the State; and
(3) submit to the Attorney General an application at such
time, in such manner, and containing such information as the
Attorney General may require.
(c) Use of Funds.--A State that receives a grant under this section
shall use the grant to provide evidence-based and trauma-informed
mental and behavioral health services to at-risk juveniles, including
juveniles in secure detention or correctional facilities in the State.
(d) Contracts and Subgrants.--
(1) In general.--A State may, in using a grant under this
section for purposes authorized by subsection (c), use all or a
portion of that grant to contract with or make one or more
subgrants to one or more units of local government.
(2) Use of funds.--An entity that receives a contract or a
subgrant under this subsection may use such funds to provide
services or benefits described under subsection (c).
(e) Information for Report.--A State that receives a grant under
this section shall provide to an independent criminal justice
organization, selected by the Attorney General, such information as is
necessary to complete the report described in section 3.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $500,000,000 for each of fiscal
years 2021 through 2025.
SEC. 3. NATIONAL REPORT.
(a) Independent Report.--Not later than 18 months after the date of
enactment of this Act, an independent criminal justice organization,
selected by the Attorney General, shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate a national report on fines and fees imposed on
adults and juveniles in the criminal justice system, including--
(1) information with respect to the monetary amount of
fines and fees imposed, including the race, ethnicity, tribal
affiliation, and other demographic data of the individuals upon
whom such fines and fees are imposed and the rate at which
individuals are reincarcerated within 1 year of release from a
secure detention facility or a secure correctional facility;
(2) a description of each type of service for which a fee
is imposed;
(3) a description of each type of charge for which a fine
is imposed;
(4) a comparison of the average length of incarceration or
detention for individuals who are unable to pay a fine and the
average length of incarceration or detention for individuals
who are able to pay a fine based on the amount of the fine; and
(5) a disclosure of the sum total of fines and fees
collected minus the cost to collect such sum.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for fiscal year 2021,
which shall remain available until expended.
SEC. 4. DEFINITIONS.
In this Act:
(1) At-risk youth.--The term ``at-risk youth'' means an
individual who--
(A) has not attained the age of 21; and
(B)(i) is likely to fail academically without
intervention, including an individual who--
(I) has a high truancy rate;
(II) has withdrawn from school previously;
(III) is not less than 1 year behind the
appropriate grade level for an individual of
the same age; or
(IV) has limited English language
proficiency;
(ii) has a history of or is actively using drugs or
alcohol;
(iii) is pregnant or a parent;
(iv) is a gang member;
(v) is in contact with the juvenile justice system;
or
(vi) is homeless, has run away from home, or is in
foster care.
(2) Evidence-based.--The term ``evidence-based'' has the
meaning given such term in section 103 of the Juvenile Justice
and Delinquency Prevention Act of 1974 (34 U.S.C. 11103).
(3) Juvenile offender.--The term ``juvenile offender''
means an individual--
(A) who has not attained the age of 21; and
(B)(i) against whom a petition is filed for the
adjudication of a delinquency offense under the laws of
a State or the United States; or
(ii) who has been adjudicated delinquent for a
delinquency offense under the laws of a State or the
United States.
(4) Secure correctional facility.--The term ``secure
correctional facility'' has the meaning given such term in
section 103 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (34 U.S.C. 11103).
(5) Secure detention facility.--The term ``secure detention
facility'' has the meaning given such term in section 103 of
the Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11103).
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and
any possession of the United States.
(7) Trauma-informed.--The term ``trauma-informed'' has the
meaning given such term in section 103 of the Juvenile Justice
and Delinquency Prevention Act of 1974 (34 U.S.C. 11103).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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