[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4055 Introduced in House (IH)]

<DOC>






104th CONGRESS
  2d Session
                                H. R. 4055

 To require initial intake screenings and the use of youth development 
 specialists in Federal juvenile proceedings, and to encourage States 
            and local governments to use similar procedures.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 1996

 Ms. Lofgren introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
Economic and Educational Opportunities, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To require initial intake screenings and the use of youth development 
 specialists in Federal juvenile proceedings, and to encourage States 
            and local governments to use similar procedures.

    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 ``Juvenile Crime Avoidance and 
Prevention Act of 1996''.

                 TITLE I--FEDERAL JUVENILE PROCEEDINGS

SEC. 101. FEDERAL JUVENILE PROCEEDINGS.

    (a) In General.--Chapter 403 of title 18, United States Code, is 
amended by inserting after section 5032 the following:
``Sec. 1A5032A. Initial intake screening and referrals to youth 
              development specialists
    ``(a) Intake Screening.--Before any decision is made to proceed 
against a juvenile as a juvenile, to prosecute that juvenile as an 
adult, or to refer the juvenile to State authorities, an appropriate 
Federal authority, designated by the Attorney General, shall perform an 
initial intake screening of each juvenile taken into custody who is 
alleged to have committed an offense against the United States or an 
act of juvenile delinquency, to determine whether that juvenile is an 
at risk juvenile, as described in subsection (b). If the juvenile is 
determined to be an at risk juvenile at the initial intake screening 
and the juvenile is proceeded against under this chapter as a juvenile, 
that juvenile shall promptly be referred to a youth development 
specialist under subsection (c). If the juvenile is referred to State 
authorities for further proceedings or transferred for prosecution as 
an adult, the results of the intake screening shall promptly be made 
available to those authorities or the entity to which the juvenile is 
so transferred.
    ``(b) At Risk Determination.--
            ``(1) Generally.--The screening body shall determine that a 
        juvenile is at risk if it determines that the juvenile is 
        likely to exhibit recidivist or increasingly violent crimes, 
        based on the following factors in the juvenile's development:
                    ``(A) School behavior or performance, including 
                truancy, recent suspensions or expulsion, functioning 
                significantly below grade level, and failing to achieve 
                passing grades.
                    ``(B) Family problems, including traumatic family 
                situations such as death or incarceration of one or 
                both parents, financial difficulties, family divorce or 
                ongoing conflicts, child abuse or neglect, and abuse of 
                controlled substances or other criminal activities in 
                the home.
                    ``(C) Substance abuse problems, including a pattern 
                of alcohol or controlled substance abuse.
                    ``(D) Runaway tendencies, previous delinquent 
                activities, participation in a gang, or other similar 
                activities.
                    ``(E) Such other factors as the National Institute 
                of Justice approves, based on an on-going evaluation 
                aimed at isolating those factors that can predict 
                patterns of juvenile recidivism in 90 percent of cases.
            ``(2) Limitation on use.--The at risk determination shall 
        only be used in the administration of this section or a similar 
        State operation, and shall not be made part of a juvenile's 
        school, medical, or other official record.
    ``(c) Youth Development Specialist.--
            ``(1) A youth development specialist (hereinafter in this 
        subsection referred to as a `specialist') is a person 
        designated by a court to carry out the duties described in 
        paragraph (2). The specialist shall--
                    ``(A) be the employee or contractee of the court or 
                of the Government agency responsible for the referral; 
                and
                    ``(B) have appropriate experience in the assessment 
                and counseling of juveniles and an understanding of the 
                juvenile criminal system.
            ``(2) A specialist to whom a juvenile is referred shall--
                    ``(A) determine a course of action for the juvenile 
                that will avoid continued criminal activity and help 
                the juvenile successfully reintegrate into his 
                community and school;
                    ``(B) promptly convene a group meeting of any or 
                all of the juvenile's community group, to determine an 
                appropriate course of action for the juvenile pending 
                and after completion of any court action;
                    ``(C) after completing the meeting of the 
                juvenile's community group--
                            ``(i) present a written report to be 
                        included in any court proceedings against the 
                        juvenile, which shall include recommendations 
                        for community actions that would help prevent 
                        instances of recidivism by the juvenile;
                            ``(ii) meet with the juvenile's parents or 
                        guardian, and, at the specialist's discretion, 
                        any other interested parties from the 
                        juvenile's community group to discuss the 
                        findings of the report; and
                            ``(iii) provide assistance and guidance to 
                        the juvenile's parents and community group to 
                        implement the recommendations outlined in the 
                        report.
                            ``(iv) work with the juvenile, in 
                        conjunction with the juvenile's parents or 
                        guardians and community group, to implement the 
                        actions recommended in the report.
                    ``(D) monitor the juvenile's progress through the 
                court system;
                    ``(E) act as a liaison to the juvenile's family and 
                community group and work with the juvenile's attorney;
                    ``(F) maintain contact with the juvenile during 
                custody, any court proceedings, any incarceration, and 
                after release until--
                            ``(i) the juvenile is no longer subject to 
                        juvenile jurisdiction; or
                            ``(ii) such time as the court, in 
                        consultation with the juvenile, the specialist, 
                        and the juvenile's parents or guardian, 
                        determines that further contact is no longer 
                        necessary with the juvenile to prevent future 
                        delinquency.
            ``(3) As part of the specialist's duties under subsection 
        (a), the specialist, in consultation with the juvenile and the 
        juvenile's community, may pay for any expenses, of which the 
        portion paid from appropriated funds shall not to exceed 
        $10,000 annually, of implementing the recommendations of the 
        specialist, including--
                    (A) tutors, counselors, test preparation, 
                additional education, and mentoring programs;
                    (B) nutrition, or alcohol or controlled substance 
                abuse treatment programs;
                    (C) incentive programs for academic achievement, 
                including but not limited to books and other 
                educational material;
                    (D) arrangements for community based activities to 
                occupy the juvenile in wholesome uses of his time;
                    (E) parenting instruction for the juvenile's 
                parents or guardians; and
                    (F) such other expenditures designed to stabilize 
                the juvenile's life and direct the juvenile toward a 
                peaceful and productive future instead of crime, as are 
                approved by the juvenile court.
            ``(4) Of the amount paid under paragraph (3), not more than 
        20 percent may be used for the salaries and administration of 
        the youth development specialist operation.
            ``(5) For the purposes of this subsection a juvenile's 
        community group includes the juvenile's parents or guardians, 
        extended family, teachers, clergy, athletic and other coaches, 
        family friends, personal friends, and other interested parties.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 403 of title 18, United States Code, is amended by adding at 
the end the following new item:

``5032A. Initial intake screening and referrals to youth development 
                            specialists.''.
    (c) Collection of Data.--The Attorney General shall collect data on 
the effects of screening and youth specialist activities under the 
amendments made by this section and similar State and local activities, 
including their costs compared to incarceration, and their effects on 
recidivism rates and rehabilitation of at risk juveniles and make that 
data available to the States, localities, and the public.

             TITLE II--GRANT PROGRAM FOR AT RISK JUVENILES

SEC. 201. GRANT AUTHORIZATION.

    (a) In General.--The Attorney General shall award grants to an 
entity that has implemented at risk juvenile screening programs and 
youth development specialist referral services modeled after the 
program and services described in subsections (b) and (c) of section 
5032 of title 18, United States Code.
    (b) Grants.--The Attorney General shall award an entity that meets 
the requirements of this title not more than $10,000 each year for each 
juvenile that receives services pursuant to this title.

SEC. 202. ELIGIBILITY.

    To be eligible to receive funds under this title, an entity shall 
submit an application to the Attorney General that includes an 
assurance that such entity will use funds received under this title in 
accordance with section 203.

SEC. 203. USES OF FUNDS.

    An entity may use funds received under this title--
            (1) to pay not more than 20 percent of the total amount 
        received to pay for salaries and administration of youth 
        development specialist operations; and
            (2) upon the recommendation of the youth development 
        specialist, in consultation with the juvenile and a 
        representative of the juvenile justice system, to pay for 
        programs recommended by the specialist, including--
                    (A) tutors, counselors, test preparation and other 
                educational and mentoring programs;
                    (B) nutrition, alcohol, or controlled substance 
                abuse programs;
                    (C) incentive programs for academic achievement, 
                including books and other educational material;
                    (D) arrangements for community-based activities to 
                occupy the juvenile in constructive uses of time;
                    (E) parenting instruction for the juvenile's 
                parents or guardians; and
                    (F) such other expenditures, if approved by the 
                court, that are designed to stabilize the juvenile's 
                life and direct the juvenile towards a peaceful and 
                productive future.

SEC. 204. DEFINITION.

    For purposes of this title, the term ``entity'' means one of the 50 
States or a unit of local government that has jurisdiction over the 
juvenile justice system for the county or city of such unit, as the 
case may be.

SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

    (a) Grant Program.--There are authorized to be appropriated 
beginning in 1997, such sums as may be necessary to carry out this 
title.
    (b) Source of Appropriations.--Funds authorized by this section to 
be appropriated may be appropriated from the Violent Crime Reduction 
Trust Fund.