[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 863 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 863

   To provide grants to ensure increased accountability for juvenile 
                               offenders.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2001

 Mr. Smith of Texas (for himself, Mr. Scott, Mr. Barr of Georgia, Mr. 
Chabot, Mr. Coble, Mr. Delahunt, Mr. Goodlatte, Mr. Green of Wisconsin, 
 Mr. Hutchinson, Ms. Jackson-Lee of Texas, Mr. Keller, Mr. Meehan, and 
 Mr. Weiner) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide grants to ensure increased accountability for juvenile 
                               offenders.

    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 ``Consequences for Juvenile Offenders 
Act of 2001''.

SEC. 2. GRANT PROGRAM.

    (a) In General.--Part R of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended to read as 
follows:

             ``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

``SEC. 1801. PROGRAM AUTHORIZED.

    ``(a) In General.--The Attorney General is authorized to provide 
grants to States, for use by States and units of local government, and 
in certain cases directly to specially qualified units.
    ``(b) Authorized Activities.--Amounts paid to a State or a unit of 
local government under this part shall be used by the State or unit of 
local government for the purpose of strengthening the juvenile justice 
system, which includes--
            ``(1) developing, implementing, and administering graduated 
        sanctions for juvenile offenders;
            ``(2) building, expanding, renovating, or operating 
        temporary or permanent juvenile correction, detention, or 
        community corrections facilities;
            ``(3) hiring juvenile court judges, probation officers, and 
        court-appointed defenders and special advocates, and funding 
        pretrial services for juvenile offenders, to promote the 
        effective and expeditious administration of the juvenile 
        justice system;
            ``(4) hiring additional prosecutors, so that more cases 
        involving violent juvenile offenders can be prosecuted and case 
        backlogs reduced;
            ``(5) providing funding to enable prosecutors to address 
        drug, gang, and youth violence problems more effectively and 
        for technology, equipment, and training to assist prosecutors 
        in identifying and expediting the prosecution of violent 
        juvenile offenders;
            ``(6) establishing and maintaining training programs for 
        law enforcement and other court personnel with respect to 
        preventing and controlling juvenile crime;
            ``(7) establishing juvenile gun courts for the prosecution 
        and adjudication of juvenile firearms offenders;
            ``(8) establishing drug court programs for juvenile 
        offenders that provide continuing judicial supervision over 
        juvenile offenders with substance abuse problems and the 
        integrated administration of other sanctions and services for 
        such offenders;
            ``(9) establishing and maintaining a system of juvenile 
        records designed to promote public safety;
            ``(10) establishing and maintaining interagency 
        information-sharing programs that enable the juvenile and 
        criminal justice system, schools, and social services agencies 
        to make more informed decisions regarding the early 
        identification, control, supervision, and treatment of 
        juveniles who repeatedly commit serious delinquent or criminal 
        acts;
            ``(11) establishing and maintaining accountability-based 
        programs designed to reduce recidivism among juveniles who are 
        referred by law enforcement personnel or agencies;
            ``(12) establishing and maintaining programs to conduct 
        risk and need assessments of juvenile offenders that facilitate 
        the effective early intervention and the provision of 
        comprehensive services, including mental health screening and 
        treatment and substance abuse testing and treatment to such 
        offenders; and
            ``(13) establishing and maintaining accountability-based 
        programs that are designed to enhance school safety.

``SEC. 1802. GRANT ELIGIBILITY.

    ``(a) State Eligibility.--To be eligible to receive a grant under 
this section, a State shall submit to the Attorney General an 
application at such time, in such form, and containing such assurances 
and information as the Attorney General may require by rule, including 
assurances that the State and any unit of local government to which the 
State provides funding under section 1803(b), has in effect (or shall 
have in effect, not later than 1 year after the date that the State 
submits such application) laws, or has implemented (or shall implement, 
not later than 1 year after the date that the State submits such 
application) policies and programs, that provide for a system of 
graduated sanctions described in subsection (c).
    ``(b) Local Eligibility.--
            ``(1) Subgrant eligibility.--To be eligible to receive a 
        subgrant, a unit of local government, other than a specially 
        qualified unit, shall provide such assurances to the State as 
        the State shall require, that, to the maximum extent 
        applicable, the unit of local government has in effect (or 
        shall have in effect, not later than 1 year after the date that 
        the unit submits such application) laws, or has implemented (or 
        shall implement, not later than 1 year after the date that the 
        unit submits such application) policies and programs, that 
        provide for a system of graduated sanctions described in 
        subsection (c).
            ``(2) Special rule.--The requirements of paragraph (1) 
        shall apply to a specially qualified unit that receives funds 
        from the Attorney General under section 1803(e), except that 
        information that is otherwise required to be submitted to the 
        State shall be submitted to the Attorney General.
    ``(c) Graduated Sanctions.--A system of graduated sanctions, which 
may be discretionary as provided in subsection (d), shall ensure, at a 
minimum, that--
            ``(1) sanctions are imposed on a juvenile offender for each 
        delinquent offense;
            ``(2) sanctions escalate in intensity with each subsequent, 
        more serious delinquent offense;
            ``(3) there is sufficient flexibility to allow for 
        individualized sanctions and services suited to the individual 
        juvenile offender; and
            ``(4) appropriate consideration is given to public safety 
        and victims of crime.
    ``(d) Discretionary Use of Sanctions.--
            ``(1) Voluntary participation.--A State or unit of local 
        government may be eligible to receive a grant under this part 
        if--
                    ``(A) its system of graduated sanctions is 
                discretionary; and
                    ``(B) it demonstrates that it has promoted the use 
                of a system of graduated sanctions by taking steps to 
                encourage implementation of such a system by juvenile 
                courts.
            ``(2) Reporting requirement if graduated sanctions not 
        used.--
                    ``(A) Juvenile courts.--A State or unit of local 
                government in which the imposition of graduated 
                sanctions is discretionary shall require each juvenile 
                court within its jurisdiction--
                            ``(i) which has not implemented a system of 
                        graduated sanctions, to submit an annual report 
                        that explains why such court did not implement 
                        graduated sanctions; and
                            ``(ii) which has implemented a system of 
                        graduated sanctions but has not imposed 
                        graduated sanctions in 1 or more specific 
                        cases, to submit an annual report that explains 
                        why such court did not impose graduated 
                        sanctions in each such case.
                    ``(B) Units of local government.--Each unit of 
                local government, other than a specially qualified 
                unit, that has 1 or more juvenile courts that use a 
                discretionary system of graduated sanctions shall 
                collect the information reported under subparagraph (A) 
                for submission to the State each year.
                    ``(C) States.--Each State and specially qualified 
                unit that has 1 or more juvenile courts that use a 
                discretionary system of graduated sanctions shall 
                collect the information reported under subparagraph (A) 
                for submission to the Attorney General each year. A 
                State shall also collect and submit to the Attorney 
                General the information collected under subparagraph 
                (B).
    ``(e) Definitions.--For purposes of this section:
            ``(1) The term `discretionary' means that a system of 
        graduated sanctions is not required to be imposed by each and 
        every juvenile court in a State or unit of local government.
            ``(2) The term `sanctions' means tangible, proportional 
        consequences that hold the juvenile offender accountable for 
        the offense committed. A sanction may include counseling, 
        restitution, community service, a fine, supervised probation, 
        or confinement.

``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) State Allocation.--
            ``(1) In general.--In accordance with regulations 
        promulgated pursuant to this part and except as provided in 
        paragraph (3), the Attorney General shall allocate--
                    ``(A) 0.25 percent for each State; and
                    ``(B) of the total funds remaining after the 
                allocation under subparagraph (A), to each State, an 
                amount which bears the same ratio to the amount of 
                remaining funds described in this subparagraph as the 
                population of people under the age of 18 living in such 
                State for the most recent calendar year in which such 
                data is available bears to the population of people 
                under the age of 18 of all the States for such fiscal 
                year.
            ``(2) Prohibition.--No funds allocated to a State under 
        this subsection or received by a State for distribution under 
        subsection (b) may be distributed by the Attorney General or by 
        the State involved for any program other than a program 
        contained in an approved application.
            ``(3) Increase for state reserve.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                a State demonstrates and certifies  to the Attorney 
General that the State's law enforcement expenditures in the fiscal 
year preceding the date in which an application is submitted under this 
part is more than 25 percent of the aggregate amount of law enforcement 
expenditures by the State and its eligible units of local government, 
the percentage referred to in paragraph (1)(A) shall equal the 
percentage determined by dividing the State's law enforcement 
expenditures by such aggregate.
                    ``(B) Law enforcement expenditures over 50 
                percent.--If the law enforcement expenditures of a 
                State exceed 50 percent of the aggregate amount 
                described in subparagraph (A), the Attorney General 
                shall consult with as many units of local government in 
                such State as practicable regarding the State's 
                proposed uses of funds.
    ``(b) Local Distribution.--
            ``(1) In general.--Except as provided in subsection (a)(3), 
        each State which receives funds under subsection (a)(1) in a 
        fiscal year shall distribute not less than 75 percent of such 
        amounts received among units of local government, for the 
        purposes specified in section 1801. In making such distribution 
        the State shall allocate to such units of local government an 
        amount which bears the same ratio to the aggregate amount of 
        such funds as--
                    ``(A) the sum of--
                            ``(i) the product of--
                                    ``(I) three-quarters; multiplied by
                                    ``(II) the average law enforcement 
                                expenditure for such unit of local 
                                government for the 3 most recent 
                                calendar years for which such data is 
                                available; plus
                            ``(ii) the product of--
                                    ``(I) one-quarter; multiplied by
                                    ``(II) the average annual number of 
                                part 1 violent crimes in such unit of 
                                local government for the 3 most recent 
                                calendar years for which such data is 
                                available, bears to--
                    ``(B) the sum of the products determined under 
                subparagraph (A) for all such units of local government 
                in the State.
            ``(2) Expenditures.--The allocation any unit of local 
        government shall receive under paragraph (1) for a payment 
        period shall not exceed 100 percent of law enforcement 
        expenditures of the unit for such payment period.
            ``(3) Reallocation.--The amount of any unit of local 
        government's allocation that is not available to such unit by 
        operation of paragraph (2) shall be available to other units of 
        local government that are not affected by such operation in 
        accordance with this subsection.
    ``(c) Unavailability of Data for Units of Local Government.--If the 
State has reason to believe that the reported rate of part 1 violent 
crimes or law enforcement expenditures for a unit of local government 
is insufficient or inaccurate, the State shall--
            ``(1) investigate the methodology used by the unit to 
        determine the accuracy of the submitted data; and
            ``(2) if necessary, use the best available comparable data 
        regarding the number of violent crimes or law enforcement 
        expenditures for the relevant years for the unit of local 
        government.
    ``(d) Local Government With Allocations Less Than $5,000.--If under 
this section a unit of local government is allocated less than $5,000 
for a payment period, the amount allotted shall be expended by the 
State on services to units of local government whose allotment is less 
than such amount in a manner consistent with this part.
    ``(e) Direct Grants to Specially Qualified Units.--
            ``(1) In general.--If a State does not qualify or apply for 
        funds reserved for allocation under subsection (a) by the 
        application deadline established by the Attorney General, the 
        Attorney General shall reserve not more than 75 percent of the 
        allocation that the State would have received under subsection 
        (a) for such fiscal year to provide grants to specially 
        qualified units which meet the requirements for funding under 
        section 1802.
            ``(2) Award basis.--In addition to the qualification 
        requirements for direct grants for specially qualified units 
        the Attorney General may use the average amount allocated by 
        the States to units of local government as a basis for awarding 
        grants under this section.

``SEC. 1804. REGULATIONS.

    ``(a) In General.--The Attorney General shall issue regulations 
establishing procedures under which a State or unit of local government 
that receives funds under section 1803 is required to provide notice to 
the Attorney General regarding the proposed use of funds made available 
under this part.
    ``(b) Advisory Board.--The regulations referred to in subsection 
(a) shall include a requirement that such eligible State or unit of 
local government establish and convene an advisory board to review the 
proposed uses of such funds. The board shall include representation 
from, if appropriate--
            ``(1) the State or local police department;
            ``(2) the local sheriff's department;
            ``(3) the State or local prosecutor's office;
            ``(4) the State or local juvenile court;
            ``(5) the State or local probation officer;
            ``(6) the State or local educational agency;
            ``(7) a State or local social service agency; and
            ``(8) a nonprofit, religious, or community group.

``SEC. 1805. PAYMENT REQUIREMENTS.

    ``(a) Timing of Payments.--The Attorney General shall pay to each 
State or unit of local government that receives funds under section 
1803 that has submitted an application under this part not later than--
            ``(1) 90 days after the date that the amount is available, 
        or
            ``(2) the first day of the payment period if the State has 
        provided the Attorney General with the assurances required by 
        subsection (c),
whichever is later.
    ``(b) Repayment of Unexpended Amounts.--
            ``(1) Repayment required.--From amounts awarded under this 
        part, a State or specially qualified unit shall repay to the 
        Attorney General, or a unit of local government shall repay to 
        the State by not later than 27 months after receipt of funds 
        from the Attorney General, any amount that is not expended by 
        the State within 2 years after receipt of such funds from the 
        Attorney General.
            ``(2) Penalty for failure to repay.--If the amount required 
        to be repaid is not repaid, the Attorney General shall reduce 
        payment in future payment periods accordingly.
            ``(3) Deposit of amounts repaid.--Amounts received by the 
        Attorney General as repayments under this subsection shall be 
        deposited in a designated fund for future payments to States 
        and specially qualified units.
    ``(c) Administrative Costs.--A State or unit of local government 
that receives funds under this part may use not more than 5 percent of 
such funds to pay for administrative costs.
    ``(d) Nonsupplanting Requirement.--Funds made available under this 
part to States and units of local government shall not be used to 
supplant State or local funds as the case may be, but shall be used to 
increase the amount of funds that would, in the absence of funds made 
available under this part, be made available from State or local 
sources, as the case may be.
    ``(e) Matching Funds.--The Federal share of a grant received under 
this part may not exceed 90 percent of the costs of a program or 
proposal funded under this part.

``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

    ``Funds or a portion of funds allocated under this part may be used 
by a State or unit of local government that receives a grant under this 
part to contract with private, nonprofit entities, or community-based 
organizations to carry out the purposes specified under section 
1801(b).

``SEC. 1807. ADMINISTRATIVE PROVISIONS.

    ``(a) In General.--A State or specially qualified unit that 
receives funds under this part shall--
            ``(1) establish a trust fund in which the government will 
        deposit all payments received under this part;
            ``(2) use amounts in the trust fund (including interest) 
        during a period not to exceed 2 years from the date the first 
        grant payment is made to the State or specially qualified unit;
            ``(3) designate an official of the State or specially 
        qualified unit to submit reports as the Attorney General 
        reasonably requires, in addition to the annual reports required 
        under this part; and
            ``(4) spend the funds only for the purposes under section 
        1801(b).
    ``(b) Title I Provisions.--Except as otherwise provided, the 
administrative provisions of part H shall apply to this part and for 
purposes of this section any reference in such provisions to title I 
shall be deemed to include a reference to this part.

``SEC. 1808. DEFINITIONS.

    ``For purposes of this part:
            ``(1) The term `unit of local government' means--
                    ``(A) a county, township, city, or political 
                subdivision of a county, township, or city, that is a 
                unit of local government as determined by the Secretary 
                of Commerce for general statistical purposes; and
                    ``(B) the District of Columbia and the recognized 
                governing body of an Indian tribe or Alaskan Native 
                village that carries out substantial governmental 
                duties and powers.
            ``(2) The term `specially qualified unit' means a unit of 
        local government which may receive funds under this part only 
        in accordance with section 1803(e).
            ``(3) The term `State' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands, except that American Samoa, Guam, and 
        the Northern Mariana Islands shall be considered as 1 State and 
        that, for purposes of section 1803(a), 33 percent of the 
        amounts allocated shall be allocated to American Samoa, 50 
        percent to Guam, and 17 percent to the Northern Mariana 
        Islands.
            ``(4) The term `juvenile' means an individual who is 17 
        years of age or younger.
            ``(5) The term `law enforcement expenditures' means the 
        expenditures associated with prosecutorial, legal, and judicial 
        services, and corrections as reported to the Bureau of the 
        Census for the fiscal year preceding the fiscal year for which 
        a determination is made under this part.
            ``(6) The term `part 1 violent crimes' means murder and 
        nonnegligent manslaughter, forcible rape, robbery, and 
        aggravated assault as reported to the Federal Bureau of 
        Investigation for purposes of the Uniform Crime Reports.

``SEC. 1809. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this part--
            ``(1) $500,000,000 for fiscal year 2002;
            ``(2) $500,000,000 for fiscal year 2003; and
            ``(3) $500,000,000 for fiscal year 2004.
    ``(b) Oversight Accountability and Administration.--Not more than 3 
percent of the amount authorized to be appropriated under subsection 
(a), with such amounts to remain available until expended, for each of 
the fiscal years 2002 through 2004 shall be available to the Attorney 
General for evaluation and research regarding the overall effectiveness 
and efficiency of the provisions of this part, assuring compliance with 
the provisions of this part, and for administrative costs to carry out 
the purposes of this part. The Attorney General shall establish and 
execute an oversight plan for monitoring the activities of grant 
recipients.
    ``(c) Funding Source.--Appropriations for activities authorized in 
this part may be made from the Violent Crime Reduction Trust Fund.''.
    (b) Clerical Amendments.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 is amended by 
striking the item relating to part R and inserting the following:

             ``Part R--Juvenile Accountability Block Grants

``Sec. 1801. Program authorized.
``Sec. 1802. Grant eligibility.
``Sec. 1803. Allocation and distribution of funds.
``Sec. 1804. Regulations.
``Sec. 1805. Payment requirements.
``Sec. 1806. Utilization of private sector.
``Sec. 1807. Administrative provisions.
``Sec. 1808. Definitions.
``Sec. 1809. Authorization of appropriations.''.
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