CRIMINAL AND SOCIAL JUSTICE

ESTABLISHING A 72-HOUR HOLDING PERIOD FOR STUDENTS WHO BRING A FIREARM TO SCHOOL

WHEREAS, the nation has been horrified by a rash of school-related shootings around the nation in recent months; and

WHEREAS, one of the most recent of these tragic events occurred at Thurston High School in Springfield, Oregon when a student who had been sent home from school the previous day for having possession of a gun at school, on May 21 returned armed to the school cafeteria and shot two fellow students dead and left 22 wounded; and

WHEREAS, on June 13, 1998, President Clinton visited Thurston High School in Springfield to offer his condolence to the shaken community and to vow to help stop youth violence; and

WHEREAS, Oregon Senators Ron Wyden (D) and Gordon Smith recently introduced, S. 2169, which would encourage states to require a holding period for any student expelled for bringing a gun to school; and

WHEREAS, S. 2169 would increase by 25 percent state allocations under the Section 222 of the Juvenile Justice and Delinquency Prevention Act of 1974 if that state has in effect a state law which would (a) require that administrators or employees of public and private schools who believe that a student is in possession of a firearm while on the premises of a school building to notify law enforcement officials of the student’s conduct; (b) upon receipt of such a report, the appropriate law enforcement agency shall immediately investigate to determine whether there is probable cause to believe that the student possessed a firearm in violation of federal or state law while in the school and if so, immediately detain the student for no more than 72 hours in an appropriate juvenile justice setting for psychological evaluation and to determine if the student is a danger to himself or others and shall notify the student’s parents or guardians and (d) if the court makes a determination that the student is a danger to himself or others, the student shall be placed in an appropriate juvenile justice setting to receive professional psychological counseling,

NOW, THEREFORE, BE IT FURTHER RESOLVED that The U.S. Conference of Mayors urges the 105th Congress to pass legislation which would encourage states to require a holding period for any student expelled for bringing a firearm to school.