[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2913 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2913

To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
  authorize grants to provide juvenile accountability coordinators to 
    take a comprehensive approach to holding first- and second-time 
      nonviolent juvenile offenders accountable for their actions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 1999

Ms. Hooley of Oregon introduced the following bill; which was referred 
            to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
  authorize grants to provide juvenile accountability coordinators to 
    take a comprehensive approach to holding first- and second-time 
      nonviolent juvenile offenders accountable for their actions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Juvenile Accountability and 
Diversion Act of 1999''.

SEC. 2. AMENDMENTS.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended--
            (1) by redesignating the 2d part I as part K,
            (2) by inserting after section 291E the following:

             ``Part J--Juvenile Accountability Coordinators

                       ``establishment of program

    ``Sec. 292A. (a) The Administrator may make grants to units of 
local government for the purpose of employing juvenile accountability 
coordinators each of whom shall provide comprehensive services in 
accordance with this part to juveniles (and to the families of such 
juveniles) who come within the jurisdiction of the juvenile justice 
system and who are not alleged to have committed a serious crime.
    ``(b) For the purpose of making such grants for a fiscal year, the 
Administrator shall take into consideration factors that include--
            ``(1) the per capita rate of offenses (other than serious 
        crimes) committed by juveniles in the geographical area under 
        the jurisdiction of each unit of local government that applies 
        for a grant under this part for such fiscal year; and
            ``(2) the economic resources available to such unit of 
        local government to respond to such offenses committed by 
        juveniles.
    ``(c) The aggregate amount of grants made under this part to a 
particular unit of local government for a fiscal year may not exceed 
$300,000.

                    ``eligibility to receive grants

    ``Sec. 292B. To be eligible to receive a grant under this part, the 
chief executive officer of a unit of local government shall submit to 
the Administrator an application at such time, in such form, and 
containing such information and assurances as the Administrator may 
require by rule, including the following:
            ``(1) An assurance that such grant will be used only to 
        employ, as part of the juvenile justice system administered by 
        such unit of local government, 1 or more qualified juvenile 
        accountability coordinators each of whom shall be required by 
        such unit of local government to perform all of the following 
        functions with respect to the particular juveniles who come 
        within the jurisdiction of such system, who are not alleged to 
        have committed a serious crime, and who are assigned to the 
        particular coordinator:
                    ``(A) Whenever a juvenile is initially taken into 
                custody by any law enforcement authority of such unit 
                of local government for the commission of an offense 
                other than a serious crime, such unit of local 
                government shall assign a juvenile accountability 
                coordinator--
                            ``(i) to contact expeditiously an 
                        individual who is a legal guardian of such 
                        juvenile, or other appropriate individual, for 
                        the purpose of assisting such individual to 
                        participate in proceedings and determinations 
                        that will lead to the disposition of matter;
                            ``(ii) provide on the request of such 
                        juvenile, of a legal guardian of such juvenile, 
                        or of another appropriate individual, 
                        information and referral relating to 
                        available--
                                    ``(I) mental and physical health 
                                services;
                                    ``(II) substance abuse services;
                                    ``(III) family counseling; and
                                    ``(IV) appropriate social services; 
                                and
                            ``(iii) monitor compliance with the terms 
                        and conditions of any judicial or 
                        administrative order, or any diversion 
                        accountability plan, as in effect pending 
the final disposition of the matter on which the arrest is based.
                    ``(B) Such coordinator shall make and maintain a 
                written record relating to such juvenile, including--
                            ``(i) a description and assessment of the 
                        circumstances under which such juvenile was 
                        taken into custody;
                            ``(ii) a description and assessment of the 
                        immediate events that gave rise to such 
                        circumstances;
                            ``(iii) a description and assessment of the 
                        events and circumstances occurring while such 
                        juvenile is held in custody;
                            ``(iv) family relationships, and family 
                        history, of such juvenile; and
                            ``(vi) medical history (including substance 
                        abuse), school performance, peer associations, 
                        and previous delinquency (if any) of such 
                        juvenile.
                    ``(C) While such juvenile is in the jurisdiction of 
                juvenile justice system, such coordinator shall assist 
                such authorities to achieve a comprehensive review, and 
                appropriate disposition, of the matter on which the 
                arrest is based and, by creating a diversion 
                accountability plan, to reduce the probability that 
                such juvenile will engage in unlawful behavior.
                    ``(D) allow such juveniles to comply with the 
                requirements of a diversion accountability plan 
                developed by such coordinator with and made available 
                to such juvenile, in lieu of having such offense 
                adjudicated by the judicial authority of such unit of 
                local government;
                    ``(E) not adjudicate such offense if such juvenile 
                agrees to comply and does comply with the requirements 
                specified in such plan;
                    ``(F) require all juvenile accountability 
                coordinators--
                            ``(i) to provide to the judicial 
                        authorities of such unit of local government, 
                        information gathered by such coordinators for 
                        the purpose of making records required by 
                        paragraph (1)(B); and
                            ``(ii) to cooperate, to the maximum extent 
                        permitted by law, with attorneys, prosecutors, 
                        judges, parents, and juveniles involved in the 
                        juvenile justice system, to assist in 
                        determining appropriate sanctions to be imposed 
                        for offenses committed by juveniles;
                    ``(G) collect data from such coordinators and make 
                such data available to the Office of Juvenile Justice 
                and Delinquency Prevention, together with information 
                regarding the number of juveniles who agree to comply 
                with and who do comply with diversion accountability 
                plans; and
                    ``(H) monitor the rate at which juveniles who 
                comply with such plans commit subsequent offenses while 
                they are juveniles.
            ``(2) An assurance that if a juvenile who agrees to comply 
        with and does comply with a diversion accountability plan, such 
        unit of local government will not adjudicate the offense with 
        respect to which such plan is developed.

                              ``limitation

    ``Sec. 292C. Nothing in this part shall be construed to forbid or 
require juvenile accountability coordinators to divulge to any person, 
information gathered by such coordinators as a result of actions taken 
in connection with arrests of juveniles for committing a 1st or 2d 
offense (other than a serious crime).

                              ``definition

    ``Sec. 292D. For purposes of this part, the term `diversion 
accountability plan' means a plan that provides for 1 or more of the 
following:
            ``(1) making restitution to the victim of the offense 
        involved;
            ``(2) performing community service, participation in 
        substance abuse counseling;
            ``(3) participation in mental and physical health services;
            ``(4) writing essays; and
            ``(5) performance of any other action appropriate to 
        mitigate or remove circumstances relating to the offense for 
        which such plan is developed or to prevent the commission of a 
        subsequent offense.

                                ``report

    ``Sec. 292E. The recipient of a grant made under this title shall 
submit to the Administrator such reports at such times, in such form, 
and containing such information as the Administrator may require by 
rule, for purposes of determining compliance with this part and the 
effectiveness of providing financial assistance under this part.'', and
            (3) in section 299(a)--
                    (A) in paragraph (1) by striking ``and I'' and 
                inserting ``I, and J'', and
                    (B) by inserting after paragraph (7) the following:
    ``(8) There is authorized to be appropriated to carry out part J of 
this title, $50,000,000 for each of the fiscal years 2000, 2001, and 
2002.''.
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