[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 278 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 278

To make changes in Federal juvenile justice proceedings, and to foster 
     youth development and prevent juvenile crime and delinquency.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

 Mr. Schumer introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
Education and the Workforce, 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 make changes in Federal juvenile justice proceedings, and to foster 
     youth development and prevent juvenile crime and delinquency.

    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 ``Balanced Juvenile Justice and Crime 
Prevention Act of 1997''.

SEC. 2. FINDINGS; TABLE OF CONTENTS.

    (a) Findings.--Congress finds the following:
            (1) Violent juvenile crime is increasing both in frequency 
        and severity.
            (2) The system of criminal justice for juveniles has not 
        kept up with the changing nature of juvenile crime. Many acts 
        of juvenile delinquency can be appropriately handled under 
        existing court procedures, but adequate response to the 
        increasingly violent criminal acts of the more serious juvenile 
        offenders demands major procedural changes to ensure prompt and 
        effective criminal prosecutions and punishment.
            (3) Penalties imposed under the current juvenile justice 
        system also have failed to keep pace with and deter violent 
        juvenile crime.
            (4) To deter violent juvenile crime, and protect innocent 
        Americans, prosecutors must be empowered to prosecute 
        particularly serious juvenile offenders as adults.
            (5) Drugs and gun-related crime threaten the life and well-
        being of American youth and the future of the Nation.
            (6) The number of American youths killing with, and killed 
        by firearms has increased.
            (7) To deter the use of firearms in the commission of 
        crime, and to protect the law abiding public there must be 
        swift disposition of gun related offenses in our courts, and 
        there must be the certain prospect of punishment for those who 
        commit such crimes.
            (8) Drug use and addiction among American youth has 
        increased, and only with a comprehensive strategy of deterrence 
        through education and sure punishment, in tandem with provision 
        of treatment for addicted youth, can American youth grow into 
        productive and responsible citizens and parents.
            (9) Gangs have spread nationwide, inhabit cities large and 
        small, and have growing juvenile membership.
            (10) The use of illegal drugs supports the drug trafficking 
        industry and the often violent crime associated with the drug 
        trade.
            (11) Drug courts effectively address drug-related crime by 
        offering intensive treatment to nonviolent, drug addicted 
        offenders who seek to become drug free.
            (12) The responsiveness of community-based organizations to 
        local community values and concerns, allow such organizations 
        to effectively create and implement youth development programs.
            (13) The problems facing troubled youth demand a 
        cooperative effort involving parents, schools, local 
        government, law enforcement, juvenile and family courts, and 
        community-based organizations.
            (14) A lack of youth programs providing meaningful and 
        positive after school activities for at-risk youth contributes 
        to the proliferation of violent juvenile crime, including gang-
        related violence and drug trafficking, and the overall 
        hopelessness among the Nation's youth.
            (15) Although parents have responsibility for the social, 
        moral, emotional, physical, and cognitive development of their 
        children, social and demographic changes in recent decades have 
        had a significant effect on family life and youth development, 
        increasing the need for programs to strengthen families and 
        help parents meet the social, moral, emotional, physical, and 
        cognitive needs of their children.
    (b) Table of Contents.--

Sec. 1. Short title.
Sec. 2. Findings; table of contents.
     TITLE I--ENHANCED PROSECUTION OF DANGEROUS JUVENILE OFFENDERS

Sec. 101. Short title.
Sec. 102. Delinquency proceedings or criminal prosecutions in district 
                            courts.
Sec. 103. Custody prior to appearance before judicial officer.
Sec. 104. Technical and conforming amendments to section 5034.
Sec. 105. Detention prior to disposition or sentencing.
Sec. 106. Speedy trial.
Sec. 107. Disposition; availability of increased detention, fines and 
                            supervised release for juvenile offenders.
Sec. 108. Records of crimes committed by juvenile delinquents.
Sec. 109. Restriction on commitment.
Sec. 110. Technical amendments of sections 5031 and 5034.
Sec. 111. Serious juvenile delinquency drug trafficking adjudications 
                            as armed career criminal act predicates.
Sec. 112. Clerical amendments to table of sections for chapter.
       TITLE II--YOUTH DEVELOPMENT AND JUVENILE CRIME PREVENTION

Sec. 201. Short title.
Sec. 202. Definitions.
                    Subtitle A--Juvenile Gun Courts

Sec. 211. Grant authorization.
Sec. 212. Uses of funds.
Sec. 213. Applications.
Sec. 214. Grant awards.
Sec. 215. Limitations on grants; renewal of grants.
Sec. 216. Federal share.
Sec. 217. Report and evaluation.
Sec. 218. Definition.
Sec. 219. Authorization of appropriations.
  Subtitle B--Community-Based Juvenile Justice Grants For Prosecutors

Sec. 221. Grant authorization.
Sec. 222. Uses of funds.
Sec. 223. Applications.
Sec. 224. Grant awards.
Sec. 225. Allocation of funds; limitations on grants.
Sec. 226. Reports.
Sec. 227. Definitions.
Sec. 228. Authorization of appropriations.
                    Subtitle C--Juvenile Drug Courts

Sec. 231. Juvenile drug courts.
             Subtitle D--After School Crime Prevention Act

Sec. 241. Short title.
Sec. 242. Program authority.
Sec. 243. Program requirements.
Sec. 244. Applications.
Sec. 245. Eligibility of participants.
Sec. 246. Investigations and inspections.
Sec. 247. Federal share.
Sec. 248. Definitions.
Sec. 249. Authorization of appropriations.

     TITLE I--ENHANCED PROSECUTION OF DANGEROUS JUVENILE OFFENDERS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Enhanced Prosecution of Dangerous 
Juvenile Offenders Act of 1997''.

SEC. 102. DELINQUENCY PROCEEDINGS OR CRIMINAL PROSECUTIONS IN DISTRICT 
              COURTS.

    (a) In General.--Section 5032 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5032. Delinquency proceedings or criminal prosecutions in 
              district courts
    ``(a)(1) A juvenile alleged to have committed an offense against 
the United States or an act of juvenile delinquency may be surrendered 
to State authorities or proceeded against as a juvenile under this 
subsection, or tried as an adult in the circumstances described in 
subsections (b) and (c).
    ``(2) Such juvenile may be proceeded against as a juvenile in a 
court of the United States under this subsection if the Attorney 
General, after investigation certifies to the appropriate United States 
district court that--
            ``(A)(i) the juvenile court or other appropriate court of a 
        State does not have jurisdiction or declines to assume 
        jurisdiction over the juvenile with respect to such act of 
        alleged juvenile delinquency, or
            ``(ii) the offense charged is described in subsection 
        (b)(2), and
            ``(B) there is a substantial Federal interest in the case 
        or the offense to warrant the exercise of Federal jurisdiction.
    ``(3) If the Attorney General does not so certify, such juvenile 
shall be surrendered to the appropriate legal authorities of such 
State.
    ``(4) If a juvenile alleged to have committed an act of juvenile 
delinquency is not surrendered to the authorities of a State pursuant 
to this section, any proceedings against the juvenile shall be in an 
appropriate district court of the United States. For such purposes, the 
court may be convened at any time and place within the district, in 
chambers or otherwise. The Attorney General shall proceed by 
information or as authorized by section 3401(g) of this title, and no 
criminal prosecution shall be instituted except as provided in this 
chapter.
    ``(b) A juvenile may be prosecuted as an adult--
            ``(1) if the juvenile has requested in writing upon advice 
        of counsel to be prosecuted as an adult; or
            ``(2) if the juvenile is alleged to have committed an act 
        after the juvenile attains the age of 15 years which if 
        committed by an adult would be--
                    ``(A) a crime of violence (as defined in section 
                3156(a)(4)) that is a felony;
                    ``(B) an offense described in section 844(d), (k), 
                or (l), 922(x), or subsection (b), (g), (h), (j), (k), 
                or (l) of section 924;
                    ``(C) a violation of section 922(o) that is an 
                offense under section 924(a)(2);
                    ``(D) a violation of section 5861 of the Internal 
                Revenue Code of 1986 that is an offense under section 
                5871 of such Code (26 U.S.C. 5871);
                    ``(E) a conspiracy to violate an offense described 
                in any of subparagraphs (A) through (E); or
                    ``(F) an offense described in section 401 or 408 of 
                the Controlled Substances Act (21 U.S.C. 841, 848) or a 
                conspiracy or attempt to commit that offense which is 
                punishable under section 406 of the Controlled 
                Substances Act (21 U.S.C. 846), or an offense 
                punishable under section 409 or 419 of the Controlled 
                Substances Act (21 U.S.C. 849, 860), or an offense 
                described in section 1002(a), 1003, 1005, or 1009 of 
                the Controlled Substances Import and Export Act (21 
                U.S.C. 952(a), 953, 955, or 959).
    ``(c)(1) A juvenile may also be prosecuted as an adult if the 
juvenile is alleged to have committed an act after the juvenile has 
attained the age of 13 years but before the juvenile has attained the 
age of 15 years, which if committed by an adult would be an offense 
described in any of subparagraphs (A) through (F) of subsection (b)(2), 
upon approval of the Attorney General or the Attorney General's 
designee.
    ``(2) Any such designee shall be at a level not lower than a Deputy 
Assistant Attorney General.
    ``(3) Such approval shall not be granted, with respect to such a 
juvenile who is subject to the criminal jurisdiction of an Indian 
tribal government and who is alleged to have committed an act over 
which, if committed by an adult, there would be Federal jurisdiction 
based solely on its commission in Indian country (as defined in section 
1151), unless the governing body of the tribe having jurisdiction over 
the place in which the alleged act was committed has before such act 
notified the Attorney General in writing of its election that 
prosecution may take place under this subsection.
    ``(d) A determination to approve or not to approve, or to institute 
or not to institute, a prosecution under subsection (b) or (c) shall 
not be reviewable in any court.
    ``(e) In a prosecution under subsection (b) or (c), the juvenile 
may be prosecuted and convicted as an adult for any other offense which 
is properly joined under the Federal Rules of Criminal Procedure, and 
may also be convicted of a lesser included offense.''.
    (b) Conforming Amendment to Definitions Section.--Section 5031 of 
title 18, United States Code, is amended by adding at the end the 
following: ``As used in this chapter, the term `State' includes a State 
of the United States, the District of Columbia, any commonwealth, 
territory, or possession of the United States and, with regard to an 
act of juvenile delinquency that would have been a misdemeanor if 
committed by an adult, a federally recognized tribe.''.

SEC. 103. CUSTODY PRIOR TO APPEARANCE BEFORE JUDICIAL OFFICER.

    Section 5033 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5033. Custody prior to appearance before judicial officer
    ``(a) Whenever a juvenile is taken into custody, the arresting 
officer shall immediately advise such juvenile of the juvenile's 
rights, in language comprehensible to a juvenile. The arresting officer 
shall promptly take reasonable steps to notify the juvenile's parents, 
guardian, or custodian of such custody, of the rights of the juvenile, 
and of the nature of the alleged offense.
    ``(b) The juvenile shall be taken before a judicial officer without 
unreasonable delay.''.

SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS TO SECTION 5034.

    Section 5034 of title 18, United States Code, is amended--
            (1) by striking ``The'' each place it appears at the 
        beginning of a paragraph and inserting ``the'';
            (2) by striking ``If'' at the beginning of the 3rd 
        paragraph and inserting ``if'';
            (3) by designating the 3 paragraphs as paragraphs (1), (2), 
        and (3), respectively; and
            (4) by inserting at the beginning of such section before 
        those paragraphs the following: ``In a proceeding under section 
        5032(a)--''.

SEC. 105. DETENTION PRIOR TO DISPOSITION OR SENTENCING.

    Section 5035 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5035. Detention prior to disposition or sentencing
    ``(a)(1) A juvenile 15 years of age or older prosecuted pursuant to 
subsection (b) or (c) of section 5032, if detained at any time prior to 
sentencing, shall be detained in such suitable place as the Attorney 
General may designate. Preference shall be given to a place located 
within, or within a reasonable distance of, the district in which the 
juvenile is being prosecuted.
    ``(2) A juvenile less than 15 years of age prosecuted pursuant to 
subsection (b) or (c) of section 5032, if detained at any time prior to 
sentencing, shall be detained in a suitable juvenile facility located 
within, or within a reasonable distance of, the district in which the 
juvenile is being prosecuted. If such a facility is not available, such 
a juvenile may be detained in any other suitable facility located 
within, or within a reasonable distance of, such district. If no such 
facility is available, such a juvenile may be detained in any other 
suitable place as the Attorney General may designate.
    ``(3) To the maximum extent feasible, a juvenile less than 15 years 
of age prosecuted pursuant to section subsection (b) or (c) of 5032 
shall not be detained prior to sentencing in any facility in which the 
juvenile has regular contact with adult persons convicted of a crime or 
awaiting trial on criminal charges.
    ``(b) A juvenile proceeded against under section 5032(a) shall not 
be detained prior to disposition in any facility in which the juvenile 
has regular contact with adult persons convicted of a crime or awaiting 
trial on criminal charges.
    ``(c) Every juvenile who is detained prior to disposition or 
sentencing shall be provided with reasonable safety and security and 
with adequate food, heat, light, sanitary facilities, bedding, 
clothing, recreation, education, and medical care, including necessary 
psychiatric, psychological, or other care and treatment.''.

SEC. 106. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended by--
            (1) striking ``If an alleged delinquent'' and inserting 
        ``If a juvenile proceeded against under section 5032(a)'';
            (2) striking ``thirty'' and inserting ``45''; and
            (3) striking ``the court,'' and all that follows through 
        the end of the section and inserting ``the court. The periods 
        of exclusion under section 3161(h) of this title shall apply to 
        this section.''.

SEC. 107. DISPOSITION; AVAILABILITY OF INCREASED DETENTION, FINES AND 
              SUPERVISED RELEASE FOR JUVENILE OFFENDERS.

    Section 5037 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5037. Disposition
    ``(a) In a proceeding under section 5032(a), if the court finds a 
juvenile to be a juvenile delinquent, the court shall hold a hearing 
concerning the appropriate disposition of the juvenile no later than 40 
court days after the finding of juvenile delinquency, unless the court 
has ordered further study pursuant to subsection (e). A predisposition 
report shall 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. Victim impact information shall be 
included in the report, and victims, or in appropriate cases 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. After the dispositional hearing, and after 
considering any pertinent policy statements promulgated by the 
Sentencing Commission pursuant to section 994 of title 28, the court 
shall enter an order of restitution pursuant to section 3556 of this 
title, and may suspend the findings of juvenile delinquency, place the 
juvenile on probation, commit the juvenile to official detention 
(including the possibility of a term of supervised release), and impose 
any fine that would be authorized if the juvenile had been tried and 
convicted as an adult. With respect to release or detention pending an 
appeal or a petition for a writ of certiorari after disposition, the 
court shall proceed pursuant to the provisions of chapter 207.
    ``(b) The term for which probation may be ordered for a juvenile 
found to be a juvenile delinquent may not extend beyond the maximum 
term that would be authorized by section 3561(c) if the juvenile had 
been tried and convicted as an adult. Sections 3563, 3564, and 3565 are 
applicable to an order placing a juvenile on probation.
    ``(c) The term for which official detention may be ordered for a 
juvenile found to be a juvenile delinquent may not extend beyond the 
lesser of--
            ``(1) the maximum term of imprisonment that would be 
        authorized if the juvenile had been tried and convicted as an 
        adult;
            ``(2) ten years; or
            ``(3) the date when the juvenile becomes twenty-six years 
        old.
Section 3624 is applicable to an order placing a juvenile in detention.
    ``(d) The term for which supervised release may be ordered for a 
juvenile found to be a juvenile delinquent may not extend beyond 5 
years. Subsections (c) through (i) of sections 3583 apply to an order 
placing a juvenile on supervised release.
    ``(e) If the court desires more detailed information concerning a 
juvenile alleged to have committed an act of juvenile delinquency or a 
juvenile adjudicated delinquent, it may commit the juvenile, after 
notice and hearing at which the juvenile is represented by counsel, to 
the custody of the Attorney General for observation and study by an 
appropriate agency or entity. Such observation and study shall be 
conducted on an outpatient basis, unless the court determines that 
inpatient observation and study are necessary to obtain the desired 
information. In the case of an alleged juvenile delinquent, inpatient 
study may be ordered only with the consent of the juvenile and the 
juvenile's attorney. The agency or entity shall make a complete study 
of the alleged or adjudicated delinquent to ascertain the juvenile's 
personal traits, capabilities, background, previous delinquency or 
criminal experience, mental or physical defect, and any other relevant 
factors. The Attorney General shall submit to the court and the 
attorneys for the juvenile and the Government the results of the study 
within 30 days after the commitment of the juvenile, unless the court 
grants additional time. Time spent in custody under this subsection 
shall be excluded for purposes of section 5036.
    ``(f) With respect to any juvenile prosecuted and convicted as an 
adult under section 5032(c), the court may, pursuant to guidelines 
promulgated by the United States Sentencing Commission under section 
994 of title 28, determine to treat the conviction as an adjudication 
of delinquency and impose any disposition authorized under this 
section. The United States Sentencing Commission shall promulgate such 
guidelines as soon as practicable and not later than one year from the 
date of enactment of the Enhanced Prosecution of Dangerous Juvenile 
Offenders Act of 1996.''.

SEC. 108. RECORDS OF CRIMES COMMITTED BY JUVENILE DELINQUENTS.

    Section 5038 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``Throughout and'' and 
        all that follows through the colon and inserting the following: 
        ``Throughout and upon completion of the juvenile delinquency 
        proceeding, the court records of the original proceeding shall 
        be safeguarded from disclosure to unauthorized persons. The 
        records shall be released to the extent necessary to meet the 
        following circumstances:'';
            (2) in subsection (a)(3), by inserting before the semicolon 
        ``or analysis requested by the Attorney General'';
            (3) in subsection (a), so that paragraph (6) reads as 
        follows:
            ``(6) communications with any victim of such juvenile 
        delinquency, or in appropriate cases with the official 
        representative of the victim, in order to apprise such victim 
        or representative of the status or disposition of the 
        proceeding or in order to effectuate any other provision of law 
        or to assist in a victim's, or the victim's official 
        representative's, allocution at disposition.''; and
            (4) by striking subsections (d) and (f), by redesignating 
        subsection (e) as subsection (d), by inserting ``pursuant to 
        section 5032 (b) or (c)'' after ``adult'' in subsection (d) as 
        so redesignated, and by adding at the end new subsections (e) 
        through (f) as follows:
    ``(e) Whenever a juvenile has been adjudicated delinquent for an 
act that if committed by an adult would be a felony or for a violation 
of section 922(x), the juvenile shall be fingerprinted and 
photographed, and the fingerprints and photograph shall be sent to the 
Federal Bureau of Investigation. The court shall also transmit to the 
Federal Bureau of Investigation the information concerning the 
adjudication, including name, date of adjudication, court, offenses, 
and sentence, along with the notation that the matter was a juvenile 
adjudication. The fingerprints, photograph, and other records and 
information relating to a juvenile described in this subsection, or to 
a juvenile who is prosecuted as an adult pursuant to section 5032 (b) 
or (c), shall be made available in the manner applicable to adult 
defendants.
    ``(f) In addition to any other authorization under this section for 
the reporting, retention, disclosure, or availability of records or 
information, if the law of the State in which a Federal juvenile 
delinquency proceeding takes place permits or requires the reporting, 
retention, disclosure, or availability of records or information 
relating to a juvenile or to a juvenile delinquency proceeding or 
adjudication in certain circumstances, then such reporting, retention, 
disclosure, or availability is permitted under this section whenever 
the same circumstances exist.''.

SEC. 109. RESTRICTION ON COMMITMENT.

    Section 5039 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5039. Commitment
    ``(a) The Attorney General shall not cause any juvenile less than 
21 years of age adjudicated delinquent under section 5032(a) 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, except for placement in a community-based facility.
    ``(b) Every juvenile adjudicated delinquent who has been committed 
shall be provided with reasonable safety and security and with adequate 
food, heat, light, sanitary facilities, bedding, clothing, recreation, 
counseling, education, training, and medical care including necessary 
psychiatric, psychological, or other care and treatment.''.

SEC. 110. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND 5034.

    (a) Section 5031.--Sections 5031 and 5034 of title 18, United 
States Code, are each amended by striking ``his'' each place it appears 
and inserting ``the juvenile's''.
    (b) Section 5034.--Section 5034 of title 18, United States Code, is 
amended by striking ``magistrate'' each place it appears and inserting 
``judicial officer''.

SEC. 111. SERIOUS JUVENILE DELINQUENCY DRUG TRAFFICKING ADJUDICATIONS 
              AS ARMED CAREER CRIMINAL ACT PREDICATES.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of clause (i);
            (2) by inserting ``or'' at the end of clause (ii); and
            (3) by adding at the end the following:
                            ``(iii) any act of juvenile delinquency 
                        that if committed by an adult would be a 
                        serious drug offense described in this 
                        paragraph;''.

SEC. 112. CLERICAL AMENDMENTS TO TABLE OF SECTIONS FOR CHAPTER.

    The table of sections at the beginning of chapter 403 of title 18, 
United States Code, is amended to read as follows:

                  ``CHAPTER 403--JUVENILE DELINQUENCY

``Sec.
``5031. Definitions.
``5032. Delinquency proceedings or criminal prosecutions in district 
                            courts.
``5033. Custody prior to appearance before judicial officer.
``5034. Duties of magistrate.
``5035. Detention prior to disposition or sentencing.
``5036. Speedy trial.
``5037. Disposition.
``5038. Use of juvenile records.
``5039. Commitment.
``5040. Support.
``5041. Repealed.
``5042. Revocation of probation.''.

       TITLE II--YOUTH DEVELOPMENT AND JUVENILE CRIME PREVENTION

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Youth Development and Juvenile Crime 
Prevention Act of 1997''.

SEC. 202. DEFINITIONS.

    Unless otherwise provided, for purposes of this title--
            (1) the term ``juvenile'' has the meaning given such term 
        under State law; and
            (2) the term ``State'' means any of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.

                    Subtitle A--Juvenile Gun Courts

SEC. 211. GRANT AUTHORIZATION.

    The Attorney General may provide grants to States, State courts, 
local courts, units of local government, and Indian tribes, for court-
based juvenile justice programs that target young firearm offenders 
through the establishment of juvenile gun courts.

SEC. 212. USES OF FUNDS.

    Grants made by the Attorney General under this section shall be 
used to fund programs that--
            (1) establish juvenile gun courts for adjudication and 
        prosecution of juvenile firearm offenders;
            (2) grant prosecutorial discretion to try, in a gun court, 
        cases involving the illegal possession, use, transfer, or 
        threatened use of a firearm by a juvenile;
            (3) require prosecutors to transfer such cases to the gun 
        court calendar not later than 30 days after arraignment;
            (4) require that gun court trials commence not later than 
        60 days after transfer to the gun court;
            (5) allow prosecution of appropriately aged offenders as 
        adults or juveniles in accordance with State law;
            (6) facilitate innovative and individualized sentencing 
        (such as incarceration, house arrest, electronic monitoring, 
        restitution, and gang prevention programs);
            (7) provide services in furtherance of paragraph (6);
            (8) limit grounds for continuances and grant continuances 
        only for the shortest practicable time; and
            (9) allow transfer of a case or an offender out of the gun 
        court by agreement of the parties, subject to court approval.

SEC. 213. APPLICATIONS.

    (a) Eligibility.--In order to be eligible to receive a grant under 
this subtitle, the chief executive or chief justice of a State or the 
chief executive or chief judge of a unit of local government or Indian 
tribe shall submit an application to the Attorney General in such form 
and containing such information as the Attorney General may reasonably 
require.
    (b) Requirements.--Each application shall include--
            (1) a request for funds for the purposes described in 
        section 212;
            (2) a description of the communities to be served by the 
        grant, including the nature of juvenile crime, juvenile 
        violence, and juvenile firearm use and possession in such 
        communities;
            (3) assurances that Federal funds received under this 
        subtitle shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this section;
            (4) statistical information in such form and containing 
        such information as the Attorney General may require; and
            (5) any additional requirements the Attorney General may 
        reasonably require.
    (c) Implementation Plan.--Each applicant shall include a 
comprehensive implementation plan that contains--
            (1) a description of the applicant jurisdiction's juvenile 
        crime and juvenile violence problem, including gang crime, and 
        juvenile firearm use and possession;
            (2) an action plan outlining how the applicant will achieve 
        the purposes described in section 212; and
            (3) a description of any resources available in the 
        community to implement the plan.

SEC. 214. GRANT AWARDS.

    (a) Grant-Making Considerations.--The Attorney General shall 
consider the following in awarding grants under this subtitle:
            (1) Demonstrated need and evidence of the ability to 
        provide the services described in the plan required under 
        section 213.
            (2) To the extent practicable, achievement of an equitable 
        geographic distribution of grant awards.
            (3) An allotment of .5 percent of the total amount 
        authorized each fiscal year for each State that meets the 
        requirements under this subtitle.
    (b) Availability of Funds.--Amounts made available under this 
subtitle shall remain available until expended.

SEC. 215. LIMITATIONS ON GRANTS; RENEWAL OF GRANTS.

    (a) Administrative Cost Limitation.--The Attorney General and any 
grant recipient may each use not more than 5 percent of the funds 
available under this subtitle for administrative purposes and technical 
assistance.
    (b) Renewal of Grants.--A grant under this subtitle may be renewed 
for not more than 2 additional years after the first fiscal year during 
which the recipient receives its initial grant under this subtitle, 
subject to the availability of funds, if--
            (1) the Attorney General determines that the funds made 
        available to the recipient during the previous years were used 
        in a manner required under an approved application; and
            (2) the Attorney General determines that an additional 
        grant is necessary to implement the comprehensive plan required 
        by section 213.

SEC. 216. FEDERAL SHARE.

    (a) In General.--The Federal share of a grant made under this 
subtitle may not exceed 90 percent of the total costs of the program 
described in the application submitted under section 213 for the fiscal 
year for which the program receives assistance under this subtitle.
    (b) Waiver.--The Attorney General may waive, in whole or in part, 
the requirement of a matching contribution under subsection (a).
    (c) In-Kind Contributions.--In-kind contributions may constitute a 
portion of the non-Federal share of a grant under this subtitle.

SEC. 217. REPORT AND EVALUATION.

    (a) Report to the Attorney General.--States, State courts, local 
courts, Indian tribes, or units of local government that receive funds 
under this subtitle during a fiscal year shall submit to the Attorney 
General not later than March 1 of each year beginning in 1998, a report 
that describes progress achieved in carrying out the plan described 
under section 213.
    (b) Evaluation and Report to Congress.--The Attorney General shall 
submit to the Congress an evaluation and report by October 1 of each 
year beginning in 1998, that contains a detailed statement regarding 
grant awards, activities of grant recipients, a compilation of 
statistical information submitted by applicants, and an evaluation of 
programs established under this subtitle.
    (c) Documents and Information.--Grant recipients shall provide the 
Attorney General with all relevant documents and information that the 
Attorney General deems necessary to conduct an evaluation of the 
effectiveness of programs funded under this subtitle.
    (d) Criteria.--In assessing the effectiveness of the programs 
established and operated pursuant to this subtitle, the Attorney 
General shall consider, at a minimum--
            (1) the number of youths tried in gun court sessions;
            (2) recidivism rates of offenders tried in gun court 
        sessions;
            (3) changes in the amount of gun and gang related crime in 
        the jurisdiction of the grantee;
            (4) the quantity of firearms and ammunition recovered in 
        gun court cases; and
            (5) the costs of the program to the criminal justice 
        system.

SEC. 218. DEFINITION.

    For purposes of this subtitle the term ``firearm offender'' means 
any individual charged with an offense involving the illegal 
possession, use, transfer, or threatened use of a firearm.

SEC. 219. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
subtitle--
            (1) $50,000,000 for fiscal year 1997;
            (2) $55,000,000 for fiscal year 1998;
            (3) $60,000,000 for fiscal year 1999; and
            (4) $60,000,000 for fiscal year 2000.

  Subtitle B--Community-Based Juvenile Justice Grants For Prosecutors

SEC. 221. GRANT AUTHORIZATION.

    (a) In General.--The Attorney General may provide grants to State 
prosecutors, Indian tribal prosecutors, and local prosecutors to 
support the establishment or expansion of community-based juvenile 
justice programs.
    (b) Consultation.--The Attorney General may consult with the Ounce 
of Prevention Council when making grants under subsection (a).

SEC. 222. USES OF FUNDS.

    Grants made by the Attorney General under this section may be 
used--
            (1) to fund programs that require the cooperation and 
        coordination of prosecutors, school officials, police, 
        probation officers, youth and social service professionals, and 
        community members in the effort to reduce the incidence of, and 
        increase the successful identification and speed of prosecution 
        of, violent juvenile offenders;
            (2) to fund programs in which prosecutors focus on the 
        juvenile offender, not simply the specific offense, and impose 
        individualized sanctions, designed to deter juvenile offenders 
        from further antisocial conduct, and impose increasingly 
        serious sanctions on juvenile offenders who continue to commit 
        offenses;
            (3) to fund programs that coordinate criminal justice 
        resources with educational, social service, and community 
        resources to develop and deliver violence prevention programs 
        including mediation and other conflict resolution methods, 
        treatment, counseling, educational, and recreational programs 
        that create alternatives to criminal activity; and
            (4) in rural States (as defined in section 1501(b) of title 
        I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796bb(B)), to fund cooperative efforts between State 
        and local prosecutors, victim advocacy and assistance groups, 
        social and community service providers, and law enforcement 
        agencies to work in cooperation with the community to develop 
        education and prevention strategies directed toward the issues 
        with which such entities are concerned.

SEC. 223. APPLICATIONS.

    (a) Eligibility.--In order to be eligible to receive a grant under 
this subtitle for any fiscal year, the chief executive officer of the 
jurisdiction in which the program will be located and the designated 
representative of a State, Indian tribe, or local prosecutor shall 
submit an application to the Attorney General in such form and 
containing such information as the Attorney General may reasonably 
require.
    (b) Requirements.--Each application shall include--
            (1) a request for funds for the purposes described in 
        section 222;
            (2) a description of the communities to be served by the 
        grant, including the nature of the juvenile crime, juvenile 
        violence, and child abuse problems within such communities;
            (3) assurances that Federal funds received under this 
        subtitle shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this section; and
            (4) statistical information in such form and containing 
        such information that the Attorney General may require.
    (c) Comprehensive Plan.--Each application shall include a 
comprehensive plan that shall contain--
            (1) a description of the juvenile violence or child abuse 
        crime problem;
            (2) an action plan outlining how the applicant will achieve 
        the purposes described in section 222;
            (3) a description of the resources available in the 
        community to implement the plan together with a description of 
        the services that cannot be provided with existing resources; 
        and
            (4) a description of how the requested grant will be used 
        to provide such services.

SEC. 224. GRANT AWARDS.

    The Attorney General shall consider the following in awarding 
grants:
            (1) Demonstrated need and evidence of the ability to 
        provide the services described in the plan required under 
        section 223.
            (2) To the extent practicable, the achievement of an 
        equitable geographic distribution of grant awards.

SEC. 225. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

    (a) Administrative Cost Limitation.--The Attorney General shall use 
not more than 5 percent of the funds available under this subtitle for 
administration costs and technical assistance.
    (b) Renewal of Grants.--A grant under this subtitle may be renewed 
for not more than 2 additional years after the first fiscal year during 
which the recipient receives its initial grant under this subtitle, 
subject to the availability of funds, if--
            (1) the Attorney General determines that the funds made 
        available to the recipient during the previous years were used 
        in a manner required under the approved application; and
            (2) the Attorney General determines that an additional 
        grant is necessary to implement the community prosecution 
        program designed in the comprehensive plan required by section 
        223.

SEC. 226. REPORTS.

    (a) Report to Attorney General.--Recipients of funds under this 
subtitle shall submit to the Attorney General a report not later than 
March 1 of each year beginning in 1998, that describes progress 
achieved in carrying out the plan described under section 223(c).
    (b) Report to Congress.--The Attorney General shall submit to the 
Congress a report by October 1 of each year, beginning in 1998, in 
which grants are made available under this subtitle which shall contain 
a detailed statement regarding grant awards, activities of grant 
recipients, a compilation of statistical information submitted by 
applicants, and an evaluation of programs established under this 
subtitle.

SEC. 227. DEFINITIONS.

    For purposes of this subtitle--
            (1) the term ``Indian tribe'' means a tribe, band, pueblo, 
        nation, or other organized group or community of Indians, 
        including an Alaska Native village (as defined in or 
        established under the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.)), that is recognized as eligible for the 
        special programs and services provided by the United States to 
        Indians because of their status as Indians;
            (2) the term ``violent juvenile offender'' means an 
        individual, considered a juvenile under State law, who is 
        charged with or has committed a violent offense as defined in 
        section 2503 of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968; and
            (3) the term ``juvenile offender'' means an individual 
        who--
                    (A) is charged with an offense or against whom the 
                State is bringing a petition or equivalent legal 
                action; or
                    (B) has been convicted of, or adjudicated as 
                involved in or guilty of, an offense.

SEC. 228. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
subtitle--
            (1) $15,000,000 for fiscal year 1997;
            (2) $20,000,000 for fiscal year 1998;
            (3) $20,000,000 for fiscal year 1999; and
            (4) $20,000,000 for fiscal year 2000.

                    Subtitle C--Juvenile Drug Courts

SEC. 231. JUVENILE DRUG COURTS.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.), is amended--
            (1) by redesignating part Y as part Z;
            (2) by redesignating section 2501 as 2601; and
            (3) by inserting after part X the following new part:

                     ``PART Y--JUVENILE DRUG COURTS

``SEC. 2501. GRANT AUTHORITY.

    ``(a) Appropriate Drug Court Programs.--The Attorney General may 
make grants to States, State courts, local courts, units of local 
government, and Indian tribes to establish programs that--
            ``(1) continue judicial supervision over juvenile 
        offenders, other than violent juvenile offenders as defined in 
        section 227 of the Youth Development and Juvenile Crime 
        Prevention Act of 1996, with substance abuse problems; and
            ``(2) integrate administration of other sanctions and 
        services, which include--
                    ``(A) mandatory periodic testing for the use of 
                controlled substances or other addictive substances 
                during any period of supervised release or probation 
                for each participant;
                    ``(B) substance abuse treatment for each 
                participant;
                    ``(C) diversion, probation, or other supervised 
                release involving the possibility of prosecution, 
                confinement, or incarceration based on noncompliance 
                with program requirements or failure to show 
                satisfactory progress;
                    ``(D) programmatic, offender management, and 
                aftercare services such as relapse prevention, health 
                care, education, vocational training, job placement, 
                housing placement, and child care or other family 
                support service for each participant who requires such 
                services;
                    ``(E) payment by the offender of treatment costs, 
                to the extent practicable, such as costs for urinalysis 
                or counseling; and
                    ``(F) payment by the offender of restitution, to 
                the extent practicable, to either a victim of the 
                offender's offense or to a restitution or similar 
                victim support fund.
    ``(b) Use of Funds for Necessary Support Programs.--Grant 
recipients may use Federal grant funds received under this subtitle to 
pay treatment, counseling, and other related and necessary expenses not 
covered by other Federal, State, Indian tribal, and local sources of 
funding that would otherwise be available.
    ``(c) Continued Availability of Grant Funds.--Amounts made 
available under this part shall remain available until expended.

``SEC. 2502. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.

    ``The Attorney General shall issue regulations and guidelines to 
ensure that the programs authorized in this part do not permit 
participation by violent offenders.

``SEC. 2503. DEFINITION.

    ``For purposes of this part, the term `violent offense' means an 
offense during the course of which--
            ``(1) the individual carried, possessed, or used a firearm 
        or dangerous weapon;
            ``(2) the death of or serious bodily injury of another 
        person occurred as a direct result of the commission of such 
        offense; or
            ``(3) the individual used force against the person of 
        another.

``SEC. 2504. ADMINISTRATION.

    ``(a) Regulatory Authority.--The Attorney General shall issue any 
regulations and guidelines necessary to carry out this part.
    ``(b) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
this part shall--
            ``(1) include a long-term strategy and detailed 
        implementation plan;
            ``(2) explain the applicant's inability to fund the program 
        adequately without Federal assistance;
            ``(3) certify that the Federal support provided will be 
        used to supplement, and not supplant, State, Indian tribal, and 
        local sources of funding that would otherwise be available;
            ``(4) identify related governmental or community 
        initiatives which complement or will be coordinated with the 
        proposal;
            ``(5) certify that there has been appropriate consultation 
        with all affected agencies and that there will be appropriate 
        coordination with all affected agencies in the implementation 
        of the program;
            ``(6) certify that participating offenders will be 
        supervised by one or more designated judges with responsibility 
        for the drug court program;
            ``(7) specify plans for obtaining necessary support and 
        continuing the proposed program following the conclusion of 
        Federal support; and
            ``(8) describe the methodology that will be used in 
        evaluating the program.

``SEC. 2505. APPLICATIONS.

    ``To request funds under this part, the chief executive or the 
chief justice of a State, or the chief executive or chief judge of a 
unit of local government or Indian tribe shall submit an application to 
the Attorney General in such form and containing such information as 
the Attorney General may reasonably require.

``SEC. 2506. FEDERAL SHARE.

    ``(a) In General.--The Federal share of a grant made under this 
part may not exceed 90 percent of the total costs of the program 
described in the application submitted under section 2505 for the 
fiscal year for which the program receives assistance under this part.
    ``(b) Waiver.--The Attorney General may waive, in whole or in part, 
the requirement of a matching contribution under subsection (a).
    ``(c) In-Kind Contributions.--In-kind contributions may constitute 
a portion of the non-Federal share of a grant under this part.

``SEC. 2507. GEOGRAPHIC DISTRIBUTION.

    ``The Attorney General shall ensure that, to the extent 
practicable, an equitable geographic distribution of grant awards is 
made.

``SEC. 2508. REPORT.

    ``A State, Indian tribe, or unit of local government that receives 
funds under this part during a fiscal year shall submit to the Attorney 
General, in March of the year following receipt of a grant under this 
part, a report regarding the effectiveness of programs established 
pursuant to this part.

``SEC. 2509. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    ``(a) Technical Assistance and Training.--The Attorney General may 
provide technical assistance and training in furtherance of the 
purposes of this part.
    ``(b) Evaluations.--In addition to any evaluation requirements that 
may be prescribed for grantees, the Attorney General may carry out or 
make arrangements for evaluations of programs that receive support 
under this part.
    ``(c) Administration.--The technical assistance, training, and 
evaluations authorized by this section may be carried out directly by 
the Attorney General, in collaboration with the Secretary of Health and 
Human Services, or through grants, contracts, or other cooperative 
arrangements with other entities.

``SEC. 2510. UNAWARDED FUNDS.

    ``The Attorney General may reallocate any grant funds that are not 
awarded for juvenile drug courts under this part for use for other 
juvenile delinquency and crime prevention initiatives.

``SEC. 2511. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part--
            ``(1) $50,000,000 for fiscal year 1997;
            ``(2) $75,000,000 for fiscal year 1998;
            ``(3) $75,000,000 for fiscal year 1999; and
            ``(4) $75,000,000 for fiscal year 2000.''.

             Subtitle D--After School Crime Prevention Act

SEC. 241. SHORT TITLE.

    This subtitle may be cited as the ``After School Crime Prevention 
Act''.

SEC. 242. PROGRAM AUTHORITY.

    (a) In General.--The Secretary of Health and Human Services, in 
consultation with the Attorney General, may provide grants to eligible 
entities.
    (b) Equitable Allocation.--The Secretary shall attempt, to the 
extent practicable, to achieve an equitable geographic allocation of 
grant funds awarded under this subtitle.

SEC. 243. PROGRAM REQUIREMENTS.

    (a) Location.--An eligible entity that receives a grant under this 
section shall ensure that the program is carried out--
            (1) when appropriate, in the facilities of a public school 
        during nonschool hours; or
            (2) in another appropriate local facility, such as a 
        college or university, a local or State park or recreation 
        center, church, or military base, that is--
                    (A) in a location that is easily accessible to 
                children in the community; and
                    (B) in compliance with all applicable local 
                ordinances.
    (b) Use of Funds.--
            (1) In general.--Such entity shall use funds made available 
        through the grant under this subtitle to provide children in 
        the eligible community services and activities that include 
        extracurricular and academic programs, that are offered--
                    (A) after school and on weekends and holidays, 
                during the school year; and
                    (B) as daily full-day programs (to the extent 
                available resources permit) or as part-day programs, 
                during the summer months;
            (2) Administrative costs.--An entity that receives funds 
        under this subtitle may not use more than 5 percent of such 
        funds to pay for the administrative costs of the program.
            (3) Continued availability of grant funds.--Amounts made 
        available under this subtitle shall remain available until 
        expended.

SEC. 244. APPLICATIONS.

    (a) Application Required.--To be eligible to receive a grant under 
this section, an eligible entity shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information, as the Secretary may reasonably require, and obtain 
approval of such application.
    (b) Contents of Application.--Each application submitted pursuant 
to subsection (a) shall--
            (1) describe the area to be served, including the level of 
        poverty and juvenile delinquency for such area;
            (2) describe the activities and services to be provided 
        through the program for which the grant is sought;
            (3) contain a comprehensive plan for the program that is 
        designed to achieve identifiable goals for children in the 
        eligible community;
            (4) demonstrate the manner in which the community-based 
        organization will make use of the resources, expertise, and 
        commitment of private entities in carrying out the program for 
        which the grant is sought;
            (5) include an estimate of the number of children in the 
        eligible community expected to be served pursuant to the 
        program;
            (6) include a description of charitable private resources, 
        and all other resources, that will be made available to achieve 
        the goals of the program; and
            (7) contain an assurance that the eligible entity will use 
        competitive procedures when purchasing, contracting, or 
        otherwise providing for goods, activities, or services to carry 
        out programs under this section.

SEC. 245. ELIGIBILITY OF PARTICIPANTS.

    (a) In General.--To the extent possible, each child who resides in 
an eligible community shall be eligible to participate in a program 
carried out in a community that receives assistance under this 
subtitle.
    (b) Eligibility.--To be eligible to participate in a program that 
receives assistance under this subtitle, a child shall provide the 
express written approval of a parent or guardian, and shall submit an 
official application and agree to the terms and conditions of 
participation in the program.
    (c) Nondiscrimination.--In selecting children to participate in a 
program that receives assistance under this subtitle, an eligible 
entity shall not discriminate on the basis of race, color, religion, 
sex, national origin, or disability.

SEC. 246. INVESTIGATIONS AND INSPECTIONS.

    The Secretary, in consultation with the Attorney General, may 
conduct such investigations and inspections as may be necessary to 
ensure compliance with the provisions of this subtitle.

SEC. 247. FEDERAL SHARE.

    (a) In General.--The Federal share of a grant made under this 
subtitle may not exceed 90 percent of the total costs of the program 
described in the application submitted under section 244 for the fiscal 
year for which the program receives assistance under this subtitle.
    (b) Waiver.--The Secretary may waive, in whole or in part, the 
requirement of a matching contribution under subsection (a).
    (c) In-Kind Contributions.--In-kind contributions may constitute a 
portion of the non-Federal share of a grant under this subtitle.

SEC. 248. DEFINITIONS.

    For purposes of this subtitle--
            (1) the term ``child'' has the same meaning given such term 
        under State law;
            (2) the term ``community-based organization'' means a 
        private, locally initiated, community-based organization that--
                    (A) is a nonprofit organization, as defined in 
                section 103(23) of the Juvenile Justice and Delinquency 
                Prevention Act of 1974 (42 U.S.C. 5603(23)); and
                    (B) is operated by a consortium of service 
                providers, consisting of representatives of 5 or more 
                of the following categories of persons--
                            (i) residents of the community;
                            (ii) business and civic leaders actively 
                        involved in providing employment and business 
                        development opportunities in the community;
                            (iii) educators;
                            (iv) religious organizations;
                            (v) law enforcement agencies;
                            (vi) public housing agencies;
                            (vii) other public agencies; and
                            (viii) other interested parties;
            (3) the term ``eligible community'' means an area which 
        meets specific criteria regarding significant poverty and 
        juvenile crime and delinquency, and such additional criteria as 
        the Secretary may require by regulation;
            (4) the term ``eligible entity'' means a community-based 
        organization or an Indian tribe;
            (5) the term ``Indian tribe'' means a tribe, band, pueblo, 
        nation, or other organized group or community of Indians, 
        including an Alaska Native village (as defined in or 
        established under the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.)), that is recognized as eligible for the 
        special programs and services provided by the United States to 
        Indians because of their status as Indians;
            (6) the term ``public school'' has the same meaning given 
        such term in section 14101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8801); and
            (7) the term ``Secretary'' means the Secretary of Health 
        and Human Services.

SEC. 249. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
subtitle--
            (1) $75,000,000 for fiscal year 1997;
            (2) $100,000,000 for fiscal year 1998;
            (3) $100,000,000 for fiscal year 1999; and
            (4) $100,000,000 for fiscal year 2000.
                                 <all>