[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 718 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 718

 To amend the Juvenile Justice and Delinquency Prevention Act of 1974, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 1997

 Mr. Domenici (for himself, Mr. Ashcroft, Mr. Wyden, and Mr. Campbell) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Juvenile Justice and Delinquency Prevention Act of 1974, 
                        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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Juvenile Crime 
Control and Community Protection Act of 1997''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Severability.
                  TITLE I--REFORM OF EXISTING PROGRAMS

Sec. 101. Findings and purposes.
Sec. 102. Definitions.
Sec. 103. Office of Juvenile Justice and Delinquency Prevention.
Sec. 104. Annual report.
Sec. 105. Block grants for State and local programs.
Sec. 106. State plans.
Sec. 107. Repeals.
      TITLE II--INCENTIVE GRANTS FOR ACCOUNTABILITY-BASED REFORMS

Sec. 201. Incentive grants for accountability-based reforms.
          TITLE III--REFORM OF FEDERAL JUVENILE JUSTICE SYSTEM

Sec. 301. Juvenile adjudications considered in sentencing.
Sec. 302. Access to juvenile records.
Sec. 303. Referral of children with disabilities to juvenile and 
                            criminal authorities.
Sec. 304. Limited disclosure of Federal Bureau of Investigation 
                            records.
Sec. 305. Amendments to Federal Juvenile Delinquency Act.
                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Authorization of appropriations.

SEC. 2. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

                  TITLE I--REFORM OF EXISTING PROGRAMS

SEC. 101. FINDINGS AND PURPOSES.

    (a) Findings.--Section 101 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Findings.--Congress finds that--
            ``(1) the Nation's juvenile justice system is in trouble, 
        including dangerously overcrowded facilities, overworked field 
        staff, and a growing number of children who are breaking the 
        law;
            ``(2) a redesigned juvenile corrections program for the 
        next century should be based on 4 principles, including--
                    ``(A) protecting the community;
                    ``(B) accountability for offenders and their 
                families;
                    ``(C) restitution for victims and the community; 
                and
                    ``(D) community-based prevention;
            ``(3) existing programs have not adequately responded to 
        the particular problems of juvenile delinquents in the 1990's;
            ``(4) State and local communities, which experience 
        directly the devastating failure of the juvenile justice 
        system, do not have sufficient resources to deal 
        comprehensively with the problems of juvenile crime and 
        delinquency;
            ``(5) limited State and local resources are being 
        unnecessarily wasted complying with overly technical Federal 
        requirements for `sight and sound' separation currently in 
        effect under the 1974 Act, while prohibiting the commingling of 
        adults and juvenile populations would achieve this important 
        purpose without imposing an undue burden on State and local 
        governments;
            ``(6) limited State and local resources are being 
        unnecessarily wasted complying with the overly restrictive 
        Federal mandate that no juveniles be detained or confined in 
        any jail or lockup for adults, which mandate is particularly 
        burdensome for rural communities;
            ``(7) the juvenile justice system should give additional 
        attention to the problem of juveniles who commit serious 
        crimes, with particular attention given to the area of 
        sentencing;
            ``(8) local school districts lack information necessary to 
        track serious violent juvenile offenders, information that is 
        essential to promoting safety in public schools;
            ``(9) the term `prevention' should mean both ensuring that 
        families have a greater chance to raise their children so that 
        those children do not engage in criminal or delinquent 
activities, and preventing children who have engaged in such activities 
from becoming permanently entrenched in the juvenile justice system;
            ``(10) in 1994, there were more than 330,000 juvenile 
        arrests for violent crimes, and between 1985 and 1994, the 
        number of juvenile criminal homicide cases increased by 144 
        percent, and the number of juvenile weapons cases increased by 
        156 percent;
            ``(11) in 1994, males age 14 through 24 constituted only 8 
        percent of the population, but accounted for more than 25 
        percent of all homicide victims and nearly half of all 
        convicted murderers;
            ``(12) in a survey of 250 judges, 93 percent of those 
        judges stated that juvenile offenders should be fingerprinted, 
        85 percent stated that juvenile criminal records should be made 
        available to adult authorities, and 40 percent stated that the 
        minimum age for facing murder charges should be 14 or 15;
            ``(13) studies indicate that good parenting skills, 
        including normative development, monitoring, and discipline, 
        clearly affect whether children will become delinquent, and 
        adequate supervision of free-time activities, whereabouts, and 
        peer interaction is critical to ensure that children do not 
        drift into delinquency;
            ``(14) school officials lack the information necessary to 
        ensure that school environments are safe and conducive to 
        learning;
            ``(15) in the 1970's, less than half of our Nation's cities 
        reported gang activity, while 2 decades later, a nationwide 
        survey reported a total of 23,388 gangs and 664,906 gang 
        members on the streets of United States cities in 1995;
            ``(16) the high incidence of delinquency in the United 
        States results in an enormous annual cost and an immeasurable 
        loss of human life, personal security, and wasted human 
        resources; and
            ``(17) juvenile delinquency constitutes a growing threat to 
        the national welfare, requiring immediate and comprehensive 
        action by the Federal Government to reduce and eliminate the 
        threat.''; and
            (2) in subsection (b)--
                    (A) by striking ``further''; and
                    (B) by striking ``Federal Government'' and 
                inserting ``Federal, State, and local governments''.
    (b) Purposes.--Section 102 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5602) is amended to read as follows:

``SEC. 102. PURPOSES.

    ``The purposes of this title and title II are--
            ``(1) to assist State and local governments in promoting 
        public safety by supporting juvenile delinquency prevention and 
        control activities;
            ``(2) to give greater flexibility to schools to design 
        academic programs and educational services for juvenile 
        delinquents expelled or suspended for disciplinary reasons;
            ``(3) to assist State and local governments in promoting 
        public safety by encouraging accountability through the 
        imposition of meaningful sanctions for acts of juvenile 
        delinquency;
            ``(4) to assist State and local governments in promoting 
        public safety by improving the extent, accuracy, availability, 
        and usefulness of juvenile court and law enforcement records 
        and the openness of the juvenile justice system to the public;
            ``(5) to assist teachers and school officials in ensuring 
        school safety by improving their access to information 
        concerning juvenile offenders attending or intending to enroll 
        in their schools or school-related activities;
            ``(6) to assist State and local governments in promoting 
        public safety by encouraging the identification of violent and 
        hardcore juveniles and in transferring such juveniles out of 
        the jurisdiction of the juvenile justice system and into the 
        jurisdiction of adult criminal court;
            ``(7) to provide for the evaluation of federally assisted 
        juvenile crime control programs, and training necessary for the 
        establishment and operation of such programs;
            ``(8) to ensure the dissemination of information regarding 
        juvenile crime control programs by providing a national 
        clearinghouse; and
            ``(9) to provide technical assistance to public and private 
        nonprofit juvenile justice and delinquency prevention 
        programs.''.

SEC. 102. DEFINITIONS.

    Section 103 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5603) is amended--
            (1) in paragraph (3), by inserting ``punishment,'' after 
        ``control,'';
            (2) in paragraph (22)(iii), by striking ``and'' at the end;
            (3) in paragraph (23), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
            ``(24) the term `serious violent crime' means--
                    ``(A) murder or nonnegligent manslaughter, or 
                robbery;
                    ``(B) aggravated assault committed with the use of 
                a dangerous or deadly weapon, forcible rape, kidnaping, 
                felony aggravated battery, assault with intent to 
                commit a serious violent crime, and vehicular homicide 
                committed while under the influence of an intoxicating 
                liquor or controlled substance; or
                    ``(C) a serious drug offense;
            ``(25) the term `serious drug offense' means an act or acts 
        which, if committed by an adult subject to Federal criminal 
        jurisdiction, would be punishable under section 401(b)(1)(A) or 
        408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 
        848) or section 1010(b)(1)(A) of the Controlled Substances 
        Import and Export Act (21 U.S.C. 960(b)(1)(A)); and
            ``(26) the term `serious habitual offender' means a 
        juvenile who--
                    ``(A) has been adjudicated delinquent and 
                subsequently arrested for a capital offense, life 
                offense, first degree aggravated sexual offense, or 
                serious drug offense;
                    ``(B) has had not fewer than 5 arrests, with 3 
                arrests chargeable as felonies if committed by an adult 
                and not fewer than 3 arrests occurring within the most 
                recent 12-month period;
                    ``(C) has had not fewer than 10 arrests, with 2 
                arrests chargeable as felonies if committed by an adult 
                and not fewer than 3 arrests occurring within the most 
                recent 12-month period; or
                    ``(D) has had not fewer than 10 arrests, with 8 or 
                more arrests for misdemeanor crimes involving theft, 
                assault, battery, narcotics possession or distribution, 
                or possession of weapons, and not fewer than 3 arrests 
                occurring within the most recent 12-month period.''.

SEC. 103. OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION.

    Section 204 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5614) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``shall develop'' and inserting the 
                following: ``shall--
                    ``(A) develop'';
                    (B) by inserting ``punishment,'' before 
                ``diversion''; and
                    (C) in the first sentence, by striking ``States'' 
                and all that follows through the end of the paragraph 
                and inserting the following: ``States; and
                    ``(B) annually submit the plan required by 
                subparagraph (A) to the Congress.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by adding ``and'' at the end; 
                and
                    (B) by striking paragraphs (2) through (7) and 
                inserting the following:
            ``(2) reduce duplication among Federal juvenile delinquency 
        programs and activities conducted by Federal departments and 
        agencies.'';
            (3) by redesignating subsection (h) as subsection (f); and
            (4) by striking subsection (i).

SEC. 104. ANNUAL REPORT.

    Section 207 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5617) is amended to read as follows:

``SEC. 207. ANNUAL REPORT.

    ``Not later than 180 days after the end of a fiscal year, the 
Administrator shall submit to the President, the Speaker of the House 
of Representatives, the President pro tempore of the Senate, and the 
Governor of each State, a report that contains the following with 
respect to such fiscal year:
            ``(1) Summary and analysis.--A detailed summary and 
        analysis of the most recent data available regarding the number 
        of juveniles taken into custody, the rate at which juveniles 
        are taken into custody, the number of repeat juvenile 
        offenders, the number of juveniles using weapons, the number of 
        juvenile and adult victims of juvenile crime and the trends 
        demonstrated by the data required by subparagraphs (A), (B), 
        and (C). Such summary and analysis shall set out the 
        information required by subparagraphs (A), (B), (C), and (D) 
        separately for juvenile nonoffenders, juvenile status 
        offenders, and other juvenile offenders. Such summary and 
        analysis shall separately address with respect to each category 
        of juveniles specified in the preceding sentence--
                    ``(A) the types of offenses with which the 
                juveniles are charged, data on serious violent crimes 
                committed by juveniles, and data on serious habitual 
                offenders;
                    ``(B) the race and gender of the juveniles and 
                their victims;
                    ``(C) the ages of the juveniles and their victims;
                    ``(D) the types of facilities used to hold the 
                juveniles (including juveniles treated as adults for 
                purposes of prosecution) in custody, including secure 
                detention facilities, secure correctional facilities, 
                jails, and lockups;
                    ``(E) the number of juveniles who died while in 
                custody and the circumstances under which they died;
                    ``(F) the educational status of juveniles, 
                including information relating to learning 
                disabilities, failing performance, grade retention, and 
                dropping out of school;
                    ``(G) the number of juveniles who are substance 
                abusers; and
                    ``(H) information on juveniles fathering or giving 
                birth to children out of wedlock, and whether such 
                juveniles have assumed financial responsibility for 
                their children.
            ``(2) Activities funded.--A description of the activities 
        for which funds are expended under this part.
            ``(3) State compliance.--A description based on the most 
        recent data available of the extent to which each State 
        complies with section 223 and with the plan submitted under 
        that section by the State for that fiscal year.
            ``(4) Summary and explanation.--A summary of each program 
        or activity for which assistance is provided under part C or D, 
        an evaluation of the results of such program or activity, and a 
        determination of the feasibility and advisability of replacing 
        such program or activity in other locations.
            ``(5) Exemplary programs and practices.--A description of 
        selected exemplary delinquency prevention programs and 
        accountability-based youth violence reduction practices.''.

SEC. 105. BLOCK GRANTS FOR STATE AND LOCAL PROGRAMS.

    (a) Section 221.--Section 221 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5631) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' before ``The 
                Administrator'';
                    (B) by inserting ``, including charitable and 
                religious organizations,'' after ``and private 
                agencies'';
                    (C) by inserting before the period at the end the 
                following: ``, including--
            ``(A) initiatives for holding juveniles accountable for any 
        act for which they are adjudicated delinquent;
            ``(B) increasing public awareness of juvenile proceedings;
            ``(C) improving the content, accuracy, availability, and 
        usefulness of juvenile court and law enforcement records 
        (including fingerprints and photographs); and
            ``(D) education programs such as funding for extended hours 
        for libraries and recreational programs which benefit all 
        juveniles''; and
                    (D) by adding at the end the following:
    ``(2)(A) State and local governments receiving grants under 
paragraph (1) may contract with religious organizations or allow 
religious organizations to accept grants under any program described in 
this title, on the same basis as any other nongovernmental provider 
without impairing the religious character of such organizations, and 
without diminishing the religious freedom of beneficiaries of 
assistance funded under such program.
    ``(B) A State or local government exercising its authority to 
contract with private agencies or to allow private agencies to accept 
grants under paragraph (1) shall ensure that religious organizations 
are eligible, on the same basis as any other private organization, as 
contractors to provide assistance, or to accept grants under any 
program described in this title so long as the programs are implemented 
consistent with the Establishment Clause of the United States 
Constitution. Neither the Federal Government nor a State or local 
government receiving funds under such programs shall discriminate 
against an organization which is or applies to be a contractor to 
provide assistance, or which accepts grants, on the basis that the 
organization has a religious character.
    ``(C)(i) A religious organization that participates in a program 
authorized by this title shall retain its independence from Federal, 
State, and local governments, including such organization's control 
over the definition, development, practice, and expression of its 
religious beliefs.
    ``(ii) Neither the Federal Government nor a State or local 
government shall require a religious organization--
            ``(I) to alter its form of internal governance; or
            ``(II) to remove religious art, icons, scripture, or other 
        symbols,
in order to be eligible to contract to provide assistance, or to accept 
grants funded under a program described in this title.
    ``(D) A religious organization's exemption provided under section 
702 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1a) regarding 
employment practices shall not be affected by its participation in, or 
receipt of funds from, programs described in this title.
    ``(E) If a juvenile has an objection to the religious character of 
the organization or institution from which the juvenile receives, or 
would receive, assistance funded under any program described in this 
title, the State in which the juvenile resides shall provide such 
juvenile (if otherwise eligible for such assistance) within a 
reasonable period of time after the date of such objection with 
assistance from an alternative provider that is accessible to the 
juvenile and the value of which is not less than the value of 
assistance which the juvenile would have received from such 
organization.
    ``(F) Except as otherwise provided in law, a religious organization 
shall not discriminate against an individual in regard to rendering 
assistance funded under any program described in this title on the 
basis of religion, a religious belief, or refusal to actively 
participate in a religious practice.
    ``(G)(i) Except as provided in clause (ii), any religious 
organization contracting to provide assistance funded under any program 
described in this title shall be subject to the same regulations as 
other contractors to account in accord with generally accepted 
accounting principles for the use of such funds provided under such 
programs.
    ``(ii) If such organization segregates Federal funds provided under 
such programs into separate accounts, then only the financial 
assistance provided with such funds shall be subject to audit.
    ``(H) Any party that seeks to enforce its rights under this section 
may assert a civil action for injunctive relief exclusively in an 
appropriate Federal district court against the official or government 
agency that allegedly commits such violation.
    ``(I) No State or local government may use funds provided under 
this title to fund sectarian worship, proselytization, or prayer, or 
for any purpose other than the provision of social services under this 
title.''; and
            (2) in subsection (b), by striking paragraph (1) and 
        inserting the following:
    ``(1) Of amounts made available to carry out this part in any 
fiscal year, $10,000,000 or 1 percent (whichever is greater) may be 
used by the Administrator--
            ``(A) to establish and maintain a clearinghouse to 
        disseminate to the States information on juvenile delinquency 
        prevention, treatment, and control; and
            ``(B) to provide training and technical assistance to 
        States to improve the administration of the juvenile justice 
        system.''.
    (b) Section 223.--Section 223(a)(10) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(10)) is amended--
            (1) by striking ``or through'' and inserting ``through''; 
        and
            (2) by inserting ``or through grants and contracts with 
        religious organizations in accordance with section 
        221(b)(2)(B)'' after ``agencies,''.

SEC. 106. STATE PLANS.

    Section 223 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5633) is amended--
            (1) in subsection (a)--
                    (A) by striking the second sentence;
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) provide for an advisory group, which--
                    ``(A) shall--
                            ``(i)(I) consist of such number of members 
                        deemed necessary to carry out the 
                        responsibilities of the group and appointed by 
                        the chief executive officer of the State; and
                            ``(II) consist of a majority of members 
                        (including the chairperson) who are not full-
                        time employees of the Federal Government, or a 
                        State or local government;
                            ``(ii) include members who have training, 
                        experience, or special knowledge concerning--
                                    ``(I) the prevention and treatment 
                                of juvenile delinquency;
                                    ``(II) the administration of 
                                juvenile justice, including law 
                                enforcement; and
                                    ``(III) the representation of the 
                                interests of the victims of violent 
                                juvenile crime and their families; and
                            ``(iii) include as members at least 1 
                        locally elected official representing general 
                        purpose local government;
                    ``(B) shall participate in the development and 
                review of the State's juvenile justice plan prior to 
                submission to the supervisory board for final action;
                    ``(C) shall be afforded an opportunity to review 
                and comment, not later than 30 days after the 
                submission to the advisory group, on all juvenile 
                justice and delinquency prevention grants submitted to 
                the State agency designated under paragraph (1);
                    ``(D) shall, consistent with this title--
                            ``(i) advise the State agency designated 
                        under paragraph (1) and its supervisory board; 
                        and
                            ``(ii) submit to the chief executive 
                        officer and the legislature of the State not 
                        less frequently than annually recommendations 
                        regarding State compliance with this 
                        subsection; and
                    ``(E) may, consistent with this title--
                            ``(i) advise on State supervisory board and 
                        local criminal justice advisory board 
                        composition;
                            ``(ii) review progress and accomplishments 
                        of projects funded under the State plan; and
                            ``(iii) contact and seek regular input from 
                        juveniles currently under the jurisdiction of 
                        the juvenile justice system;'';
                    (C) in paragraph (10)--
                            (i) in subparagraph (N), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (O), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(P) programs implementing the practices described 
                in paragraphs (6) through (12) and (17) and (18) of 
                section 242(b);'';
                    (D) by striking paragraph (13) and inserting the 
                following:
            ``(13) provide assurances that, in each secure facility 
        located in the State (including any jail or lockup for adults), 
        there is no commingling in the same cell or community room of, 
or any other regular, sustained, physical contact between--
                    ``(A) any juvenile detained or confined for any 
                period of time in that facility; and
                    ``(B) any adult offender detained or confined for 
                any period of time in that facility.'';
                    (E) by striking paragraphs (8), (9), (12), (14), 
                (15), (17), (18), (19), (24), and (25);
                    (F) by redesignating paragraphs (10), (11), (13), 
                (16), (20), (21), (22), and (23) as paragraphs (8) 
                through (15), respectively;
                    (G) in paragraph (14), as redesignated, by adding 
                ``and'' at the end; and
                    (H) in paragraph (15), as redesignated, by striking 
                the semicolon at the end and inserting a period; and
            (2) by striking subsections (c) and (d).

SEC. 107. REPEALS.

    The Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601 et seq.) is amended--
            (1) in title II--
                    (A) by striking parts C, E, F, G, and H;
                    (B) by striking part I, as added by section 
                2(i)(1)(C) of Public Law 102-586; and
                    (C) by amending the heading of part I, as 
                redesignated by section 2(i)(1)(A) of Public Law 102-
                586, to read as follows:

         ``Part E--General and Administrative Provisions''; and

            (2) by striking title V, as added by section 5(a) of Public 
        Law 102-586.

      TITLE II--INCENTIVE GRANTS FOR ACCOUNTABILITY-BASED REFORMS

SEC. 201. INCENTIVE GRANTS FOR ACCOUNTABILITY-BASED REFORMS.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part B the 
following:

      ``Part C--Incentive Grants for Accountability-Based Reforms

``SEC. 241. AUTHORIZATION OF GRANTS.

    ``The Administrator shall provide juvenile delinquent 
accountability grants under section 242 to eligible States to carry out 
this title.

``SEC. 242. ACCOUNTABILITY-BASED INCENTIVE GRANTS.

    ``(a) Eligibility for Grant.--To be eligible to receive a grant 
under section 241, a State shall submit to the Administrator an 
application at such time, in such form, and containing such assurances 
and information as the Administrator may require by rule, including 
assurances that the State has in effect (or will have in effect not 
later than 1 year after the date on which the State submits such 
application) laws, or has implemented (or will implement not later than 
1 year after the date on which the State submits such application)--
            ``(1) policies and programs that ensure that all juveniles 
        who commit an act after attaining 14 years of age that would be 
        a serious violent crime if committed by an adult are treated as 
        adults for purposes of prosecution, unless on a case-by-case 
        basis, as a matter of law or prosecutorial discretion, the 
        transfer of such juveniles for disposition in the juvenile 
        system is determined to be in the interest of justice, except 
        that the age of the juvenile alone shall not be determinative 
        of whether such transfer is in the interest of justice;
            ``(2) graduated sanctions for juvenile offenders, ensuring 
        a sanction for every delinquent or criminal act, ensuring that 
        the sanction is of increasing severity based on the nature of 
        the act, and escalating the sanction with each subsequent 
        delinquent or criminal act; and
            ``(3) a system of records relating to any adjudication of 
        juveniles less than 15 years of age who are adjudicated 
        delinquent for conduct that if committed by an adult would 
        constitute a serious violent crime, which records are--
                    ``(A) equivalent to the records that would be kept 
                of adults arrested for such conduct, including 
                fingerprints and photographs;
                    ``(B) submitted to the Federal Bureau of 
                Investigation in the same manner in which adult records 
                are submitted;
                    ``(C) retained for a period of time that is equal 
                to the period of time that records are retained for 
                adults; and
                    ``(D) available to law enforcement agencies, 
                prosecutors, the courts, and school officials.
    ``(b) Standards for Handling and Disclosing Information.--School 
officials referred to in subsection (a)(3)(D) shall be subject to the 
same standards and penalties to which law enforcement and juvenile 
justice system employees are subject under Federal and State law for 
handling and disclosing information referred to in that paragraph.
    ``(c) Additional Amount Based on Accountability-Based Youth 
Violence Reduction Practices.--A State that receives a grant under 
subsection (a) is eligible to receive an additional amount of funds 
added to such grant if such State demonstrates that the State has in 
effect, or will have in effect, not later than 1 year after the 
deadline established by the Administrator for the submission of 
applications under subsection (a) for the fiscal year at issue, not 
fewer than 5 of the following practices:
            ``(1) Victims' rights.--Increased victims' rights, 
        including--
                    ``(A) the right to be treated with fairness and 
                with respect for the dignity and privacy of the victim;
                    ``(B) the right to be reasonably protected from the 
                accused offender;
                    ``(C) the right to be notified of court 
                proceedings; and
                    ``(D) the right to information about the 
                conviction, sentencing, imprisonment, and release of 
                the offender.
            ``(2) Restitution.--Mandatory victim and community 
        restitution, including statewide programs to reach restitution 
        collection levels of not less than 80 percent.
            ``(3) Access to proceedings.--Public access to juvenile 
        court delinquency proceedings.
            ``(4) Parental responsibility.--Juvenile nighttime curfews 
        and parental civil liability for serious acts committed by 
        juveniles released to the custody of their parents by the 
        court.
            ``(5) Zero tolerance for deadbeat juvenile parents.--A 
        requirement as conditions of parole that--
                    ``(A) any juvenile offender who is a parent 
                demonstrates parental responsibility by working and 
                paying child support; and
                    ``(B) the juvenile attends and successfully 
                completes school or pursues vocational training.
            ``(6) Serious habitual offenders comprehensive action 
        program (shocap).--
                    ``(A) In general.--Implementation of a serious 
                habitual offender comprehensive action program which is 
                a multidisciplinary interagency case management and 
                information sharing system that enables the juvenile 
                and criminal justice system, schools, and social 
                service agencies to make more informed decisions 
                regarding early identification, control, supervision, 
                and treatment of juveniles who repeatedly commit 
                serious delinquent or criminal acts.
                    ``(B) Multidisciplinary agencies.--Establishment by 
                units of local government in the State under a program 
                referred to in subparagraph (A), of a multidisciplinary 
                agency comprised of representatives from--
                            ``(i) law enforcement organizations;
                            ``(ii) school districts;
                            ``(iii) State's attorneys offices;
                            ``(iv) court services;
                            ``(v) State and county children and family 
                        services; and
                            ``(vi) any additional organizations, 
                        groups, or agencies deemed appropriate to 
                        accomplish the purposes described in 
                        subparagraph (A), including--
                                    ``(I) juvenile detention centers;
                                    ``(II) mental and medical health 
                                agencies; and
                                    ``(III) the community at large.
                    ``(C) Identification of serious habitual 
                offenders.--Each multidisciplinary agency established 
                under subparagraph (B) shall adopt, by a majority of 
                its members, criteria to identify individuals who are 
                serious habitual offenders.
                    ``(D) Interagency information sharing agreement.--
                            ``(i) In general.--Each multidisciplinary 
                        agency established under subparagraph (B) shall 
                        adopt, by a majority of its members, an 
                        interagency information sharing agreement to be 
                        signed by the chief executive officer of each 
                        organization and agency represented in the 
                        multidisciplinary agency.
                            ``(ii) Disclosure of information.--The 
                        interagency information sharing agreement shall 
                        require that--
                                    ``(I) all records pertaining to 
                                serious habitual offenders shall be 
                                kept confidential to the extent 
                                required by State law;
                                    ``(II) information in the records 
                                may be made available to other staff 
                                from member organizations and agencies 
                                as authorized by the multidisciplinary 
                                agency for the purposes of promoting 
case management, community supervision, conduct control, and tracking 
of the serious habitual offender for the application and coordination 
of appropriate services; and
                                    ``(III) access to the information 
                                in the records shall be limited to 
                                individuals who provide direct services 
                                to the serious habitual offender or who 
                                provide community conduct control and 
                                supervision to the serious habitual 
                                offender.
            ``(7) Community-wide partnerships.--Community-wide 
        partnerships involving county, municipal government, school 
        districts, appropriate State agencies, and nonprofit 
        organizations to administer a unified approach to juvenile 
        delinquency.
            ``(8) Zero tolerance for truancy.--Implementation by school 
        districts of programs to curb truancy and implement certain and 
        swift punishments for truancy, including parental notification 
        of every absence, mandatory Saturday school makeup sessions for 
        truants or weekends in jail for truants and denial of 
        participation or attendance at extracurricular activities by 
        truants.
            ``(9) Alternative schooling.--A requirement that, as a 
        condition of receiving any State funding provided to school 
        districts in accordance with a formula allocation based on the 
        number of children enrolled in school in the school district, 
        each school district shall establish one or more alternative 
        schools or classrooms for juvenile offenders or juveniles who 
        are expelled or suspended for disciplinary reasons and shall 
        require that such juveniles attend the alternative schools or 
        classrooms. Any juvenile who refuses to attend such alternative 
        school or classroom shall be immediately detained pending a 
        hearing. If a student is transferred from a regular school to 
        an alternative school for juvenile offenders or juveniles who 
        are expelled or suspended for disciplinary reasons such State 
        funding shall also be transferred to the alternative school.
            ``(10) Judicial jurisdiction.--A system under which 
        municipal and magistrate courts have--
                    ``(A) jurisdiction over minor delinquency offenses 
                such as truancy, curfew violations, and vandalism; and
                    ``(B) short term detention authority for habitual 
                minor delinquent behavior.
            ``(11) Elimination of certain ineffective penalties.--
        Elimination of `counsel and release' or `refer and release' as 
        a penalty for juveniles with respect to the second or 
        subsequent offense for which the juvenile is referred to a 
        juvenile probation officer.
            ``(12) Report back orders.--A system of `report back' 
        orders when juveniles are placed on probation, so that after a 
        period of time (not to exceed 2 months) the juvenile appears 
        before and advises the judge of the progress of the juvenile in 
        meeting certain goals.
            ``(13) Penalties for use of firearm.--Mandatory penalties 
        for the use of a firearm during a violent crime or a drug 
        felony.
            ``(14) Street gangs.--A prohibition on engaging in criminal 
        conduct as a member of a street gang and imposition of severe 
        penalties for terrorism by criminal street gangs.
            ``(15) Character counts.--Establishment of character 
        education and training for juvenile offenders.
            ``(16) Mentoring.--Establishment of mentoring programs for 
        at-risk youth.
            ``(17) Drug courts and community-oriented policing 
        strategies.--Establishment of courts for juveniles charged with 
        drug offenses and community-oriented policing strategies.
            ``(18) Recordkeeping and fingerprinting.--Programs that 
        provide that, whenever a juvenile who has not achieved his or 
        her 14th birthday is adjudicated delinquent (as defined by 
        Federal or State law in a juvenile delinquency proceeding) for 
        conduct that, if committed by an adult, would constitute a 
        felony under Federal or State law, the State shall ensure that 
        a record is kept relating to the adjudication that is--
                    ``(A) equivalent to the record that would be kept 
                of an adult conviction for such an offense;
                    ``(B) retained for a period of time that is equal 
                to the period of time that records are kept for adult 
                convictions;
                    ``(C) made available to prosecutors, courts, and 
                law enforcement agencies of any jurisdiction upon 
                request; and
                    ``(D) made available to officials of a school, 
                school district, or postsecondary school where the 
                individual who is the subject of the juvenile record 
                seeks, intends, or is instructed to enroll, and that 
such officials are held liable to the same standards and penalties that 
law enforcement and juvenile justice system employees are held liable 
to, for handling and disclosing such information.
            ``(19) Evaluation.--Establishment of a comprehensive 
        process for monitoring and evaluating the effectiveness of 
        State juvenile justice and delinquency prevention programs in 
        reducing juvenile crime and recidivism.
            ``(20) Boot camps.--Establishment of State boot camps with 
        an intensive restitution or work and community service 
        requirement as part of a system of graduated sanctions.

``SEC. 243. GRANT AMOUNTS.

    ``(a) Allocation and Distribution of Funds.--
            ``(1) Eligibility.--Of the total amount made available to 
        carry out Part C of this title for each fiscal year, subject to 
        subsection (b), each State shall be eligible to receive the sum 
        of--
                    ``(A) an amount that bears the same relation to 
                one-third of such total as the number of juveniles in 
                the State bears to the number of juveniles in all 
                States;
                    ``(B) an amount that bears the same relation to 
                one-third of such total as the number of juveniles from 
                families with incomes below the poverty line in the 
                State bears to the number of such juveniles in all 
                States; and
                    ``(C) an amount that bears the same relation to 
                one-third of such total as the average annual number of 
                part 1 violent crimes reported by the State to the 
                Federal Bureau of Investigation for the 3 most recent 
                calendar years for which such data are available, bears 
                to the number of part 1 violent crimes reported by all 
                States to the Federal Bureau of Investigation for such 
                years.
            ``(2) Minimum requirement.--Each State shall be eligible to 
        receive not less than 3.5 percent of one-third of the total 
        amount appropriated to carry out Part C for each fiscal year, 
        except that the amount for which the Virgin Islands of the 
        United States, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands is eligible shall be not less than 
        $100,000 and the amount for which Palau is eligible shall be 
        not less than $15,000.
            ``(3) Unavailability of information.--For purposes of this 
        subsection, if data regarding the measures governing allocation 
        of funds under paragraphs (1) and (2) in any State are 
        unavailable or substantially inaccurate, the Administrator and 
        the State shall utilize the best available comparable data for 
        the purposes of allocation of any funds under this section.
    ``(b) Allocated Amount.--The amount made available to carry out 
Part C of this title for any fiscal year shall be allocated among the 
States as follows:
            ``(1) 50 percent of the amount for which a State is 
        eligible under subsection (a) shall be allocated to that State 
        if it meets the requirements of section 242(a).
            ``(2) 50 percent of the amount for which a State is 
        eligible under subsection (a) shall be allocated to that State 
        if it meets the requirements of subsections (a) and (c) of 
        section 242.
    ``(c) Availability.--Any amounts made available under this section 
to carry out Part C of this title shall remain available until 
expended.

``SEC. 244. ACCOUNTABILITY.

    ``A State that receives a grant under section 241 shall use 
accounting, audit, and fiscal procedures that conform to guidelines 
prescribed by the Administrator, and shall ensure that any funds used 
to carry out section 241 shall represent the best value for the State 
at the lowest possible cost and employ the best available technology.

``SEC. 245. LIMITATION ON USE OF FUNDS.

    ``(a) Nonsupplanting Requirement.--Funds made available under 
section 241 shall not be used to supplant State funds, but shall be 
used to increase the amount of funds that would, in the absence of 
Federal funds, be made available from State sources.
    ``(b) Administrative and Related Costs.--Not more than 2 percent of 
the funds appropriated under section 299(a) for a fiscal year shall be 
available to the Administrator for such fiscal year for purposes of--
            ``(1) research and evaluation, including assessment of the 
        effect on public safety and other effects of the expansion of 
        correctional capacity and sentencing reforms implemented 
        pursuant to this part; and
            ``(2) technical assistance relating to the use of grants 
        made under section 241, and development and implementation of 
        policies, programs, and practices described in section 242.
    ``(c) Carryover of Appropriations.--Funds appropriated under 
section 299(a) shall remain available until expended.
    ``(d) Matching Funds.--The Federal share of a grant received under 
this part may not exceed 90 percent of the costs of a proposal, as 
described in an application approved under this part.''.

          TITLE III--REFORM OF FEDERAL JUVENILE JUSTICE SYSTEM

SEC. 301. JUVENILE ADJUDICATIONS CONSIDERED IN SENTENCING.

    Pursuant to section 994 of title 28, United States Code, the United 
States Sentencing Commission shall promulgate guidelines or amend 
existing guidelines to provide that offenses contained in the juvenile 
record of an adult defendant shall be considered as adult offenses in 
sentencing determinations if such juvenile offenses would have 
constituted a felony had they been committed by the defendant as an 
adult.

SEC. 302. ACCESS TO JUVENILE RECORDS.

    Section 5038(a) of title 18, United States Code, is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(7) inquiries from officials of a school, school 
        district, or any postsecondary school where the individual who 
        is the subject of the juvenile record seeks, intends, or is 
        instructed or ordered to enroll.''.

SEC. 303. REFERRAL OF CHILDREN WITH DISABILITIES TO JUVENILE AND 
              CRIMINAL AUTHORITIES.

    Section 615 of the Individuals with Disabilities Education Act (20 
U.S.C. 1415) is amended by adding at the end the following:
    ``(g) Referrals to Juvenile and Criminal Authorities.--
            ``(1) Reporting.--Nothing in this part shall be construed 
        to prohibit an agency from reporting a criminal act committed 
        by a child with a disability to the police or a juvenile 
        authority, or to prohibit a State juvenile or judicial 
        authority from exercising the responsibility of the authority 
        with regard to the application of a juvenile or criminal law to 
        a criminal activity committed by a child with a disability.
            ``(2) Filing petitions.--Nothing in this part shall be 
        construed to require a State educational agency or local 
        educational agency to exhaust the due process procedures under 
        this section or any other part of this Act prior to filing a 
        petition in a juvenile or criminal court with regard to a child 
        with a disability who commits a criminal act at school or a 
        school-related event under the jurisdiction of the State 
        educational agency or local educational agency.''.

SEC. 304. LIMITED DISCLOSURE OF FEDERAL BUREAU OF INVESTIGATION 
              RECORDS.

    Section 534(e) of title 28, United States Code, is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
    ``(3)(A) The Director of the Federal Bureau of Investigation, 
Identification Division, shall provide, upon request, the information 
received under paragraph (3) of section 242(a) of the Juvenile Justice 
Delinquency and Prevention Act of 1974, to officials of a school, 
school district, or postsecondary school where the individual who is 
the subject of such information seeks, intends, or is instructed or 
ordered to enroll.
    ``(B) School officials receiving information under subparagraph (A) 
shall be subject to the same standards and penalties to which law 
enforcement and juvenile justice system employees are subject under 
Federal and State law for handling and disclosing information referred 
to in subparagraph (A).''.

SEC. 305. AMENDMENTS TO FEDERAL JUVENILE DELINQUENCY ACT.

    (a) Prosecution of Juveniles as Adults.--Section 5032 of title 18, 
United States Code, is amended by inserting before the first 
undesignated paragraph the following:
    ``Notwithstanding any other provision of law, a juvenile defendant 
14 years of age or older shall be prosecuted as an adult, and this 
chapter shall not apply, if such juvenile is charged with an offense 
that constitutes--
            ``(A) murder or attempted murder;
            ``(B) robbery while armed with a dangerous or deadly 
        weapon;
            ``(C) battery or assault while armed with a dangerous or 
        deadly weapon;
            ``(D) forcible rape;
            ``(E) any serious drug offense which, if committed by an 
        adult, would be punishable under section 401(b)(1)(A) or 408 of 
        the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or 
        section 1010(b)(1)(A) of the Controlled Substances Import and 
Export Act (21 U.S.C. 960(b)(1)(A)); and
            ``(F) the third or subsequent occasion, unrelated to any 
        previous occasion, on which such juvenile engages in conduct 
        for which an adult could be imprisoned for a term exceeding 1 
        year, unless, on a case-by-case basis--
                    ``(i) a court determines that trying such a 
                juvenile as an adult is not in the interest of justice, 
                except that the age of the juvenile alone shall not be 
                determinative of whether or not such action is in the 
                interest of justice;
                    ``(ii) the court records its reasons for making 
                such a determination in writing and makes such record 
                available for inspection by the public; and
                    ``(iii) the court makes a record in writing of the 
                disposition of the juvenile in the juvenile justice 
                system available to the public, notwithstanding any 
                other law requiring such information to be withheld or 
                limited in any way from access by the public.''.
    (b) Amendments Concerning Records.--Section 5038 of title 18, 
United States Code, is amended--
            (1) by striking subsections (d) and (f);
            (2) by redesignating subsection (e) as subsection (d); and
            (3) by adding at the end the following:
    ``(e)(1) The court shall comply with the requirements of paragraph 
(2) if--
            ``(A) a juvenile under 14 years of age has been found 
        guilty of committing an act which, if committed by an adult, 
        would be an offense described in the first undesignated 
        paragraph of section 5032; or
            ``(B) a juvenile, age 14 or older, is adjudicated 
        delinquent in a juvenile delinquency proceeding for conduct 
        which, if committed by an adult, would constitute a felony.
    ``(2) The requirements of this paragraph are that--
            ``(A) a record shall be kept relating to the adjudication 
        that is--
                    ``(i) equivalent to the record that would be kept 
                of an adult conviction for such an offense;
                    ``(ii) retained for a period of time that is equal 
                to the period of time that records are kept for adult 
                convictions;
                    ``(iii) made available to law enforcement agencies 
                of any jurisdiction;
                    ``(iv) made available to officials of a school, 
                school district, or postsecondary school where the 
                individual who is the subject of the juvenile record 
                seeks, intends, or is instructed to enroll; and
                    ``(v) made available, once the juvenile becomes an 
                adult or is tried as an adult, to any court having 
                criminal jurisdiction over such an individual for the 
                purpose of allowing such court to consider the 
                individual's prior juvenile history as a relevant 
                factor in determining appropriate punishment for the 
                individual at the sentencing hearing;
            ``(B) officials referred to in clause (iv) of subparagraph 
        (A) shall be held liable to the same standards and penalties 
        that law enforcement and juvenile justice system employees are 
        held liable to under Federal and State law for handling and 
        disclosing such information;
            ``(C) the juvenile shall be fingerprinted and photographed, 
        and the fingerprints and photograph shall be sent to the 
        Federal Bureau of Investigation, Identification Division, and 
        shall otherwise be made available to the same extent that 
        fingerprints and photographs of adults are made available; and
            ``(D) the court in which the adjudication takes place shall 
        transmit to the Federal Bureau of Investigation, Identification 
        Division, information concerning the adjudication, including 
        the name, date of adjudication, court, offenses, and 
        disposition, along with a prominent notation that the matter 
        concerns a juvenile adjudication.
    ``(3) If a juvenile has been adjudicated to be delinquent on 2 or 
more separate occasions based on conduct that would be a felony if 
committed by an adult, the record of the second and all subsequent 
adjudications shall be kept and made available to the public to the 
same extent that a record of an adult conviction is open to the 
public.''.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    Section 299 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5671) is amended by striking subsections (a) through 
(e) and inserting the following:
    ``(a) Office of Juvenile Justice and Delinquency Prevention.--There 
are authorized to be appropriated for each of fiscal years 1998, 1999, 
2000, 2001, and 2002, such sums as may be necessary to carry out part 
A.
    ``(b) Block Grants for State and Local Programs.--There is 
authorized to be appropriated $200,000,000 for each of fiscal years 
1998, 1999, 2000, 2001, and 2002, to carry out part B.
    ``(c) Incentive Grants for Accountability-Based Reforms.--There is 
authorized to be appropriated $300,000,000 for each of fiscal years 
1998, 1999, 2000, 2001, and 2002, to carry out part C.
    ``(d) Source of Appropriations.--Funds authorized to be 
appropriated by this section may be appropriated from the Violent Crime 
Reduction Trust Fund.''.
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