Juvenile crime intervention block grant programs

Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended— (1)by redesignating part F as part J, and (2)by inserting after part E the following:

School and community based juvenile gang prevention

271.

Authority to make grants and contracts

The Administrator may make grants to or contracts with public agencies (including local educational agencies) and nonprofit private agencies, organizations, and institutions to establish and support programs and activities that involve families and communities and that are designed to carry out any of the following purposes: (1)To prevent and to reduce the participation of juveniles in the activities of gangs that commit crimes. Such programs and activities may include— (A)individual, peer, family, and group counseling (including the provision of life skills training and preparation for living independently) which shall include cooperation with social services, welfare, and health care programs; (B)education and social services designed to address the social and developmental needs of juveniles which such juveniles would otherwise seek to have met through membership in gangs; (C)crisis intervention and counseling to juveniles who are particularly at risk of gang involvement, and their families, including assistance from social service, welfare, health care, mental health, and substance abuse prevention and treatment agencies if necessary; (D)the organization of neighborhood and community groups to work closely with parents, schools, law enforcement, and other public and private agencies in the community; and (E)training and assistance to adults who have significant relationships with juveniles who are or may become members of gangs, to assist such adults in providing constructive alternatives to participating in the activities of gangs. (2)To facilitate coordination and cooperation among— (A)local education, juvenile justice, employment, and social service agencies; and (B)community-based programs with a proven record of effectively providing prevention and intervention services to juvenile gang members for the purpose of reducing the participation of juveniles in illegal gang activities. (3)To support programs that, in recognition of varying degrees of the seriousness of delinquent behavior and the corresponding gradations in the responses of the juvenile justice system in response to that behavior, are designed— (A)to encourage courts to develop and implement a continuum of post-adjudication restraints that bridge the gap between traditional probation and confinement in a correctional setting (including expanded use of probation, mediation, restitution, community service, treatment, home detention, intensive supervision, electronic monitoring and similar programs, and secure community-based treatment facilities linked to other support services such as health, mental health, education (remedial and special), job training, and recreation); and (B)to assist in the provision by the Administrator of information and technical assistance, including technology transfer, to States in the design and utilization of risk assessment mechanisms to aid juvenile justice personnel in determining appropriate sanctions for delinquent behavior. (4)To target elementary and middle school students, for the purpose of steering students away from gang involvement. (5)To provide treatment to juveniles who are members of such gangs, including members who are accused of committing a serious crime and members who have been adjudicated as being delinquent. (6)To promote the involvement of juveniles in lawful activities in geographical areas in which gangs commit crimes. (7)To assist juveniles who are or may become members of gangs to obtain appropriate educational instruction, in or outside a regular school program, including the provision of counseling and other services to promote and support the continued participation of such juveniles in such instructional programs. (8)To expand the availability of prevention and treatment services relating to the illegal use of controlled substances, and controlled substances analogues (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), by juveniles, provided through State and local health and social services agencies. (9)To provide services to prevent juveniles from coming into contact with the juvenile justice system again as a result of gang-related activity. (10)To provide services authorized in this section at a special location in a school, community-based facility, or housing project. (11)To support activities to inform juveniles of the availability of treatment and services for which financial assistance is available under this part.

272.

Eligibility to receive grants and contracts

To be eligible to receive a grant or contract under this part, a public agency (including a local educational agency) or a nonprofit private agency, organization, or institution, shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require by rule, except that such application shall— (1)include a detailed description of each program or activity the applicant proposes to carry out to achieve 1 or more of the purposes specified in section 271 as identified by the applicant; (2)include an assurance that such program or activity will be administered by or under the supervision of the applicant; (3)provide for the proper and efficient administration of such program or activity; (4)provide for regular evaluation of such program or activity; (5)provide an assurance that the proposed program or activity will supplement, not supplant, similar programs and activities already available in the community; (6)certify that the applicant has requested the State planning agency to review and comment on such application and summarizes the responses of such State planning agency to such request; (7)provide that regular reports on such program or activity shall be sent to the Administrator and to such State planning agency; and (8)provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this part.

273.

Priority

For the purpose of reviewing applications submitted under section 272 by eligible applicants, the Administrator shall give priority to applications that— (1)are submitted by applicants that are located in close proximity to, and have demonstrated a significant commitment to the betterment of, the geographical areas in which the programs and activities proposed by the respective applicants will be carried out; (2)are based on the incidence and severity of crimes committed by gangs whose membership is composed primarily of juveniles in the geographical areas in which the programs and activities proposed by the respective applicants will be carried out; (3)will provide assistance for programs and activities that— (A)are broadly supported by public and nonprofit private agencies, organizations, and institutions located in such geographical area; (B)will substantially involve the families of such juveniles or adult role models in the community that has a significant relationship with the at-risk juveniles in carrying out such programs or activities; and (4)purpose projects and activities that will serve at-risk juveniles in high crime areas.

Treatment for juvenile offenders who are victims of child abuse or neglect

275.

Authority to make grants and contracts

(a)

Uses of grants and contracts

Except as provided in subsection (b), the Administrator, in consultation with the Secretary of Health and Human Services, may make grants to or contracts with eligible public and nonprofit private organizations— (1)to develop, establish, and support projects that— (A)provide treatment to juvenile offenders who are victims of child abuse or neglect and to their families so as to reduce the likelihood that such juvenile offenders will commit subsequent violations of law; (B)based on the best interests of juvenile offenders who receive treatment for child abuse or neglect, provide transitional services (including individual, group, and family counseling) to juvenile offenders— (i)to strengthen the relationships of juvenile offenders with their families and encourage the resolution of intrafamily problems related to the abuse or neglect; (ii)to facilitate the alternative placement of juvenile offenders; and (iii)to prepare juveniles 16 years of age and older to live independently; and (C)carry out research (including surveys of existing transitional services, identification of exemplary treatment modalities, and evaluation of treatment and transitional services) relating to the treatment to juvenile offenders who are victims of child abuse or neglect and to their families; and (2)to provide for each of the following during each fiscal year for which that applicant receives a grant or contract under this part: (A)Establishing or maintaining community-based alternatives (including home-based treatment programs) to traditional forms of institutionalization of juvenile offenders. (B)Establishing or implementing effective means of diverting juveniles from the traditional juvenile justice and correctional system, including restitution and reconciliation projects which test and validate selected arbitration models, such as neighborhood courts or panels, and increase victim satisfaction while providing alternatives to incarceration for detained or adjudicated delinquents. (C)Establishing or supporting advocacy programs and services that encourage the improvement of due process available to juveniles in the juvenile justice system and the quality of legal representation for such juveniles. (D)Establishing or supporting programs stressing advocacy activities aimed at improving services to juveniles affected by the juvenile justice system, including services that provide for the appointment of special advocates by courts for such juveniles. (E)Developing or supporting model programs (including self-help programs for parents) to strengthen and maintain the family unit in order to prevent or treat juvenile delinquency, including programs that work with families during the incarceration of juvenile family members and which take into consideration the special needs of families with limited-English speaking ability. (F)Establishing or implementing special emphasis prevention and treatment programs relating to juveniles who commit serious crimes (including such crimes committed in schools), including programs designed to deter involvement in illegal activities or to promote involvement in lawful activities on the part of gangs whose membership is substantially composed of juveniles. (G)Developing or implementing further a coordinated, national law-related education program of— (i)delinquency prevention in elementary and secondary schools, and other local sites; (ii)training for persons responsible for the implementation of law-related education programs; and (iii)disseminating information regarding model, innovative, law-related education programs to juvenile delinquency programs (including those that are community based), and to law enforcement and criminal justice agencies, for activities related to juveniles that target juveniles who have had contact with the juvenile justice system or who are likely to have contact with such system. (H)Addressing efforts to reduce the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups if such proportion exceeds the proportion such groups represent in the general population. (I)Establishing or supporting programs designed to prevent and to reduce the incidence of hate crimes committed by juveniles, including— (i)model educational programs that are designed to reduce the incidence of hate crimes by means such as— (I)addressing the specific prejudicial attitude of each offender; (II)developing an awareness in the offender of the effect of the hate crime on the victim; and (III)educating the offender about the importance of tolerance in our society; and (ii)sentencing programs that are designed specifically for juveniles who commit hate crimes and that provide alternatives to incarceration. (b)

Department of Justice or related entity as recipient

The Administrator may not make a grant to or a contract with the Department of Justice or to any administrative unit or other entity that is part of the Department of Justice.

276.

Eligibility to receive grants and contracts

(a)

Applications

To be eligible to receive a grant or contract under this part, public and nonprofit organizations shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require by rule. (b)

Priority

The Administrator shall give priority to eligible applicants that have experience in treating juveniles who are victims of child abuse or neglect. (c)

Limitation

The Administrator may not disapprove an application solely because the eligible applicant proposes to provide treatment or transitional services to juveniles who are adjudicated to be delinquent for having committed offenses that are not serious crimes.

277.

Confidentiality of program records

Except as authorized by law, program and activity records containing the identity of individual juveniles, gathered to carry out this part may not be disclosed without the consent of the individual service recipient or legally authorized representative of such recipient, or as may be necessary to carry out this part. Under no circumstances may program or activity reports or findings available for public dissemination contain the actual names of individual service recipients.

State challenge activities

281.

Establishment of program

(a)

In general

The Administrator may make a grant under this part to a State that receives an allocation under section 222, not to exceed 10 percent of the amount of such allocation, to carry out each challenge activity in which the State participates. (b)

Definitions

For purposes of this part— (1)the term case review system means a procedure for ensuring that— (A)each juvenile has a case plan, based on the use of objective criteria for determining a juvenile’s danger to the community or himself or herself, that is designed to achieve appropriate placement in the least restrictive and most family-like setting available in close proximity to the parents’ home, consistent with the best interests and special needs of such juvenile; (B)the status of each juvenile is reviewed periodically, but not less frequently than once every 3 months, by a court or by administrative review, in order to determine the continuing necessity for and appropriateness of the placement of such juvenile; (C)with respect to each juvenile, procedural safeguards will be applied to ensure that a dispositional hearing is held to consider the future status of each juvenile under State supervision, in a juvenile or family court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, not later than 12 months after the original placement of the juvenile and periodically thereafter during the continuation of out-of-home placement; and (D)a juvenile’s health, mental health, and education record is reviewed and updated periodically; and (2)the term challenge activity means a program maintained for 1 of the following purposes: (A)Developing and adopting policies and programs to provide basic health, mental health, and appropriate education services (including special education) for juveniles in the juvenile justice system as specified in standards developed by the National Advisory Committee for Juvenile Justice and Delinquency Prevention before October 12, 1984. (B)Developing and adopting policies and programs to provide access to counsel for all juveniles in the justice system to ensure that juveniles consult with counsel before waiving the right to counsel. (C)Increasing community-based alternatives to incarceration by establishing programs (such as expanded use of probation, mediation, restitution, community service, treatment, home detention, intensive supervision, and electronic monitoring) and developing and adopting a set of objective criteria for the appropriate placement of juveniles in detention and secure confinement. (D)Developing and adopting policies and programs to provide secure settings for the placement of violent juvenile offenders by closing down traditional training schools and replacing them with secure settings with capacities of no more than 50 violent juvenile offenders and with ratios of staff to juvenile great enough to ensure adequate supervision and treatment. (E)Developing and adopting policies to prohibit gender bias in placement and treatment and establishing programs to ensure that female juveniles have access to the full range of health and mental health services, treatment for physical or sexual assault and abuse, self defense instruction, education in parenting, education in general, and other training and vocational services. (F)Establishing and operating, either directly or by contract or other arrangement with a public agency or other appropriate nonprofit private organization (excluding an agency or organization that is responsible for licensing or certifying out-of-home care services for juveniles), a State ombudsman office for children, youth, and families to investigate and resolve complaints relating to action, inaction, or decisions of providers of out-of-home care to children and juvenile (including secure detention and correctional facilities, residential care facilities, public agencies, and social service agencies) that may adversely affect the health, safety, welfare, or rights of resident juveniles. (G)Developing and adopting policies and programs designed to remove, if appropriate, status offenders from the jurisdiction of the juvenile court to prevent the placement in secure detention facilities or secure correctional facilities of juveniles who are nonoffenders or who are charged with or who have committed offenses that would not be criminal if committed by an adult. (H)Developing and adopting policies and programs designed to serve as alternatives to suspension and expulsion from school. (I)Increasing aftercare services for juveniles involved in the justice system by establishing programs, and developing and adopting policies, to provide comprehensive health, mental health, education, housing, and vocational services and services that preserve and strengthen the families of such juveniles. (J)Developing and adopting policies to establish— (i)a State administrative structure to coordinate program and fiscal policies for children who have emotional and behavioral problems, and their families, among the major child serving systems, including schools, social services, health services, mental health services, and the juvenile justice system; and (ii)a statewide case review system. (K)Developing and adopting policies to prohibit discrimination on the basis of perceived or actual sexual orientation or gender identity in placement or treatment, and establishing programs to ensure access to a full range of health and mental health services, treatment for physical or sexual assault and abuse, and educational services for juveniles who have been victimized as a result of their perceived or actual sexual orientation or gender identity.

Juvenile mentoring

285.

Purposes

The purposes of this part are— (1)to reduce juvenile delinquency and gang participation; (2)to improve academic performance; and (3)to reduce the school dropout rate, through the use of mentors for at-risk juveniles.

286.

Definitions

For purposes of this part— (1)the term at-risk juvenile means a juvenile who is at risk of educational failure or dropping out of school or of involvement in delinquent activities; and (2)the term mentor means an individual who works with an at-risk juveniles on a one-to-one basis, establishing a supportive relationship with juveniles and providing the juveniles with academic assistance and exposure to new experiences that enhance their ability to become responsible citizens.

287.

Authority to make grants and contracts

(a)

Purposes

The Administrator may make grants to or contracts with eligible public agencies (including local educational agencies) and nonprofit private agencies, organizations, and institutions to establish and support programs and activities carried out to implement mentoring programs that are— (1)designed to link at-risk juveniles, particularly juveniles living in high crime areas and juveniles experiencing educational failure, with responsible adults such as law enforcement officers, individuals working with local businesses, and adults working for community-based organizations and agencies; and (2)intended— (A)to provide general guidance to at-risk juveniles; (B)to promote personal and social responsibility among at-risk juveniles; (C)to increase at-risk juveniles’ participation in and enhance their ability to benefit from elementary and secondary education; (D)to discourage at-risk juveniles’ use of illegal drugs, violence, and dangerous weapons, and participation in other criminal activity; (E)to discourage involvement of at-risk juveniles in gangs; or (F)to encourage at-risk juveniles’ participation in community service and community activities. (b)

Permitted uses of grants and contracts

Grants and contracts made under this part shall be used to implement mentoring programs, including— (1)hiring of mentoring coordinators and support staff; (2)recruitment, screening, and training of adult mentors; (3)reimbursement of mentors for reasonable incidental expenditures, such as transportation, that are directly associated with mentoring; and (4)such other uses as the Administrator may specify by rule subject to subsection (c). (c)

Prohibited uses of grants and contracts

Grants and contracts made under this part may not be used— (1)to directly compensate mentors, except as authorized by subsection (b)(3); (2)to obtain educational or other materials or equipment that would otherwise be used in the ordinary course of the applicant’s operations; (3)to support litigation of any kind; or (4)for any other use reasonably prohibited by the Administrator by rule.

288.

Eligibility

To be eligible to receive a grant or contract under this part, a public agency (including a local educational agency) or a nonprofit private agency, organization, or institution, shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require by rule, except that such application shall include— (1)information on the juveniles expected to be served by the program; (2)a provision for a mechanism for matching juveniles with mentors based on the needs of such juveniles; (3)an assurance that no mentor will be assigned to more than one juvenile, so as to ensure a one-to-one relationship; (4)an assurance that projects operated in secondary schools will provide juveniles with a variety of experiences and support, including— (A)an opportunity to spend time in a work environment and, when possible, participate in the work environment; (B)an opportunity to witness the job skills that will be required for juvenile to obtain employment upon graduation; (C)assistance with homework assignments; and (D)exposure to experiences that juvenile might not otherwise encounter; (5)an assurance that projects operated in elementary schools will provide juveniles with— (A)academic assistance; (B)exposure to new experiences and activities that juveniles might not encounter on their own; and (C)emotional support; (6)an assurance that projects will be monitored to ensure that each juvenile benefits from a mentor relationship, with provision for a new mentor assignment if the relationship is not beneficial to such juvenile; (7)the method by which mentors and juveniles will be recruited to the project; (8)the method by which prospective mentors will be screened; and (9)the training that will be provided to mentors.

289.

Rules and guidelines

(a)

Program rules

The Administrator shall issue rules to carry out this part. Such rules may take effect only after the Administrator provides public notice, and a reasonable period for comment, on such rules as proposed. (b)

Model screening guidelines

The Administrator shall develop and distribute to recipients of grants and contracts under this part specific model guidelines for the screening of prospective mentors to participate in the programs carried out under this part.

290.

Approval of applications

(a)

In general

In approving applications for grants and contracts under this part, the Administrator shall give priority to eligible applicants that— (1)serve at-risk youth in high crime areas; (2)have 60 percent or more of their juveniles eligible to receive funds under chapter 1 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701–2901); and (3)have a considerable number of juveniles who drop out of school each year. (b)

Other considerations

In making grants and contracts under this part, the Administrator shall give consideration to— (1)the quality of the mentoring plan proposed by the applicant, including— (A)the resources, if any, that will be dedicated to providing participating juveniles with opportunities for job training or postsecondary education; and (B)the degree to which parents, teachers, community-based organizations, and the local community participate in the design and implementation of such mentoring plan; and (2)the capability of the applicant to effectively implement the mentoring plan. (c)

Approval

Applications approved under this part shall be approved for a continuous period of 3 fiscal years.

291.

Reports

Not later than 120 days after the end of the 1st fiscal year for which grants or contracts are made under this part, the Administrator shall submit, to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report containing an evaluation carried out to determine with respect to juveniles the success and effectiveness of this part in reducing delinquency and gang participation, improving academic performance, and reducing the school dropout rate.