[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2999 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2999
To reauthorize and improve the Juvenile Justice and Delinquency
Prevention Act of 1974, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 11, 2014
Mr. Whitehouse (for himself and Mr. Grassley) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To reauthorize and improve 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.
This Act may be cited as the ``Juvenile Justice and Delinquency
Prevention Reauthorization Act of 2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--DECLARATION OF PURPOSE AND DEFINITIONS
Sec. 101. Purposes.
Sec. 102. Definitions.
TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
Sec. 201. Concentration of Federal efforts.
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 203. Annual report.
Sec. 204. Allocation of funds.
Sec. 205. State plans.
Sec. 206. Authority to make grants.
Sec. 207. Grants to Indian tribes.
Sec. 208. Research and evaluation; statistical analyses; information
dissemination.
Sec. 209. Training and technical assistance.
Sec. 210. Incentive grants for State and local programs.
Sec. 211. Administrative authority.
Sec. 212. Technical and conforming amendments.
TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
Sec. 301. Definitions.
Sec. 302. Grants for delinquency prevention programs.
Sec. 303. Technical and conforming amendment.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Evaluation by Government Accountability Office.
Sec. 402. Authorization of appropriations.
Sec. 403. Accountability and oversight.
TITLE V--JUVENILE ACCOUNTABILITY BLOCK GRANTS
Sec. 501. Grant eligibility.
TITLE I--DECLARATION OF PURPOSE AND DEFINITIONS
SEC. 101. PURPOSES.
Section 102 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5602) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to support a trauma-informed continuum of programs
(including delinquency prevention, intervention, mental health
and substance abuse treatment, and aftercare) to address the
needs of at-risk youth and youth who come into contact with the
justice system.''.
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 (8), by amending subparagraph (C) to read
as follows:
``(C) an Indian tribe; or'';
(2) by amending paragraph (18) to read as follows:
``(18) the term `Indian tribe' has the meaning given that
term in section 102 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a);'';
(3) in paragraph (22), by striking ``or confine adults''
and all that follows and inserting ``or confine adult
inmates;'';
(4) by amending paragraph (25) to read as follows:
``(25) the term `sight or sound contact' means any
physical, clear visual, or verbal contact, that is not brief
and inadvertent;'';
(5) by amending paragraph (26) to read as follows:
``(26) the term `adult inmate'--
``(A) means an individual who--
``(i) has reached the age of full criminal
responsibility under applicable State law; and
``(ii) has been arrested and is in custody
for or awaiting trial on a criminal charge, or
is convicted of a criminal charge offense; and
``(B) does not include an individual who--
``(i) at the time of the time of the
offense, was younger than the maximum age at
which a youth can be held in a juvenile
facility under applicable State law; and
``(ii) was committed to the care and
custody of a juvenile correctional agency by a
court of competent jurisdiction or by operation
of applicable State law;'';
(6) in paragraph (28), by striking ``and'' at the end;
(7) in paragraph (29), by striking the period at the end
and inserting a semicolon; and
(8) by adding at the end the following:
``(30) the term `core requirements' means the requirements
described in paragraphs (11), (12), (13), (14), and (15) of
section 223(a);
``(31) the term `chemical agent' means a spray used to
temporarily incapacitate a person, including oleoresin capsicum
spray, tear gas, and 2-chlorobenzalmalononitrile gas;
``(32) the term `isolation'--
``(A) means any instance in which a youth is
confined alone for more than 15 minutes in a room or
cell; and
``(B) does not include confinement during regularly
scheduled sleeping hours, or for not more than 1 hour
during any 24-hour period in the room or cell in which
the youth usually sleeps, protective confinement (for
injured youths or youths whose safety is threatened),
separation based on an approved treatment program,
confinement that is requested by the youth, or the
separation of the youth from a group in a nonlocked
setting for the purpose of calming;
``(33) the term `restraints' has the meaning given that
term in section 591 of the Public Health Service Act (42 U.S.C.
290ii);
``(34) the term `evidence-based' means a program or
practice that is demonstrated to be effective and that--
``(A) is based on a clearly articulated and
empirically supported theory;
``(B) has measurable outcomes, including a detailed
description of what outcomes were produced in a
particular population; and
``(C) has been scientifically tested, optimally
through randomized control studies or comparison group
studies;
``(35) the term `promising' means a program or practice
that is demonstrated to be effective based on positive outcomes
from 1 or more objective, independent, and scientifically valid
evaluations, as documented in writing to the Administrator;
``(36) the term `dangerous practice' means an act,
procedure, or program that creates an unreasonable risk of
physical injury, pain, or psychological harm to a juvenile
subjected to the act, procedure, or program;
``(37) the term `screening' means a brief process--
``(A) designed to identify youth who may have
mental health or substance abuse needs requiring
immediate attention, intervention, and further
evaluation; and
``(B) the purpose of which is to quickly identify a
youth with a possible mental health or substance abuse
need in need of further assessment;
``(38) the term `assessment' includes, at a minimum, an
interview and review of available records and other pertinent
information--
``(A) by a mental health or substance abuse
professional who meets the criteria of the applicable
State for licensing and education in the mental health
or substance abuse field; and
``(B) which is designed to identify significant
mental health or substance abuse treatment needs to be
addressed during a youth's confinement;
``(39) the term `contact' means the point at which a youth
interacts with the juvenile justice system or criminal justice
system, including interaction with a juvenile justice, juvenile
court, or law enforcement official, and including brief,
sustained, or repeated interaction;
``(40) the term `trauma-informed' means--
``(A) understanding the impact that exposure to
violence and trauma have on a youth's physical,
psychological, and psychosocial development;
``(B) recognizing when a youth has been exposed to
violence and trauma and is in need of help to recover
from the adverse impacts of trauma; and
``(C) responding by helping in ways that reflect
awareness of the adverse impacts of trauma; and
``(41) the term `racial and ethnic disparity' means youth
of color are involved at a decision point in the juvenile
justice system at higher rates, incrementally or cumulatively,
than white non-Hispanic youth at that decision point.''.
TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.
Section 204(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5614(a)) is amended--
(1) in paragraph (1), in the first sentence--
(A) by striking ``a long-term plan, and implement''
and inserting the following: ``a long-term plan to
improve the juvenile justice system in the United
States, taking into account scientific knowledge
regarding adolescent development and behavior and
regarding the effects of delinquency prevention
programs and juvenile justice interventions on
adolescents, and shall implement''; and
(B) by striking ``research, and improvement of the
juvenile justice system in the United States'' and
inserting ``and research''; and
(2) in paragraph (2)(B), by striking ``Federal Register''
and all that follows and inserting ``Federal Register during
the 30-day period ending on October 1 of each year.''.
SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY
PREVENTION.
Section 206 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5616) is amended--
(1) in subsection (a)(1)--
(A) by inserting ``the Administrator of the
Substance Abuse and Mental Health Services
Administration, the Secretary of Defense, the Secretary
of Agriculture,'' after ``the Secretary of Health and
Human Services,''; and
(B) by striking ``Commissioner of Immigration and
Naturalization'' and inserting ``Assistant Secretary
for Immigration and Customs Enforcement''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``paragraphs
(12)(A), (13), and (14) of section 223(a) of this
title'' and inserting ``the core requirements''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``, on an annual basis''
after ``collectively''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) not later than 120 days after the completion of the
last meeting of the Council during any fiscal year, submit to
the Committee on Education and Labor of the House of
Representatives and the Committee on the Judiciary of the
Senate a report that--
``(i) contains the recommendations described in
subparagraph (A);
``(ii) includes a detailed account of the
activities conducted by the Council during the fiscal
year, including a complete detailed accounting of
expenses incurred by the Council to conduct operations
in accordance with this section;
``(iii) is published on the websites of the
Department of Justice and the Council; and
``(iv) is in addition to the annual report required
under section 207.''.
SEC. 203. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5617) is amended--
(1) in the matter preceding paragraph (1), by striking ``a
fiscal year'' and inserting ``each fiscal year'';
(2) in paragraph (1)--
(A) in subparagraph (B), by inserting ``,
ethnicity,'' after ``race'';
(B) in subparagraph (E), by striking ``and'' at the
end;
(C) in subparagraph (F)--
(i) by inserting ``and other'' before
``disabilities,''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(G) a summary of data from 1 month of the
applicable fiscal year of the use of restraints and
isolation upon juveniles held in the custody of secure
detention and correctional facilities operated by a
State or unit of local government;
``(H) the number of juveniles released from custody
and the type of living arrangement to which each such
juvenile was released;
``(I) the number of status offense cases petitioned
to court (including a breakdown by type of offense and
disposition), number of status offenders held in secure
detention, the findings used to justify the use of
secure detention, and the average period of time a
status offender was held in secure detention;
``(J) the number of pregnant juveniles held in the
custody of secure detention and correctional facilities
operated by a State or unit of local government; and
``(K) the number of juveniles whose offenses
originated on school grounds, during off-campus
activities, or due to a referral by any school
official.''; and
(3) by adding at the end the following:
``(5) A description of the criteria used to determine what
programs qualify as evidence-based and promising programs under
this title and title V and a comprehensive list of those
programs the Administrator has determined meet such criteria.
``(6) A description of funding provided to Indian tribes
under this Act, or under the Tribal Law and Order Act of 2010
(Public Law 111-211; 124 Stat. 2261), including direct Federal
grants and funding provided to Indian tribes through a State or
unit of local government.
``(7) An analysis and evaluation of the internal controls
at the Office of Juvenile Justice and Delinquency Prevention to
determine if grantees are following the requirements of the
Office of Juvenile Justice and Delinquency Prevention grant
programs and what remedial action the Office of Juvenile
Justice and Delinquency Prevention has taken to recover any
grant funds that are expended in violation of the grant
programs, including instances in which--
``(A) supporting documentation was not provided for
cost reports;
``(B) unauthorized expenditures occurred; or
``(C) subrecipients of grant funds were not
compliant with program requirements.
``(8) An analysis and evaluation of the total amount of
payments made to grantees that the Office of Juvenile Justice
and Delinquency Prevention recouped from grantees that were
found to be in violation of policies and procedures of the
Office of Juvenile Justice and Delinquency Prevention grant
programs, including--
``(A) the full name and location of the grantee;
``(B) the violation of the program found;
``(C) the amount of funds sought to be recouped by
the Office of Juvenile Justice and Delinquency
Prevention; and
``(D) the actual amount recouped by the Office of
Juvenile Justice and Delinquency Prevention.''.
SEC. 204. ALLOCATION OF FUNDS.
(a) Technical Assistance.--Section 221(b)(1) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5631(b)(1))
is amended by striking ``2 percent'' and inserting ``5 percent''.
(b) Other Allocations.--Section 222 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``age eighteen''
and inserting ``18 years of age, based on the most
recent census''; and
(B) by striking paragraphs (2) and (3) and
inserting the following:
``(2)(A) If the aggregate amount appropriated for a fiscal
year to carry out this title is less than $75,000,000, then--
``(i) the amount allocated to each State other than
a State described in clause (ii) for that fiscal year
shall be not less than $400,000; and
``(ii) the amount allocated to the Virgin Islands
of the United States, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands for that
fiscal year shall be not less than $75,000.
``(B) If the aggregate amount appropriated for a fiscal
year to carry out this title is not less than $75,000,000,
then--
``(i) the amount allocated to each State other than
a State described in clause (ii) for that fiscal year
shall be not less than $600,000; and
``(ii) the amount allocated to the Virgin Islands
of the United States, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands for that
fiscal year shall be not less than $100,000.'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
``(c)(1) If any amount allocated under subsection (a) is withheld
from a State due to noncompliance with the core requirements, the funds
shall be reallocated for an improvement grant designed to assist the
State in achieving compliance with the core requirements.
``(2) The Administrator shall condition a grant described in
paragraph (1) on the State--
``(A) with the approval of the Administrator, developing
specific action steps designed to restore compliance with the
core requirements; and
``(B) semiannually submitting to the Administrator a report
on progress toward implementing the specific action steps
developed under subparagraph (A).
``(3) The Administrator shall provide appropriate and effective
technical assistance directly or through an agreement with a contractor
to assist a State receiving an improvement grant described in paragraph
(1) in achieving compliance with the core requirements.'';
(4) in subsection (d), as redesignated, by striking
``efficient administration, including monitoring, evaluation,
and one full-time staff position'' and inserting ``effective
and efficient administration, including the designation of not
less than 1 person to coordinate efforts to achieve and sustain
compliance with the core requirements''; and
(5) in subsection (e), as redesignated, by striking ``5 per
centum of the minimum'' and inserting ``not more than 5 percent
of the''.
SEC. 205. 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) in the matter preceding paragraph (1), by
striking ``and shall describe the status of compliance
with State plan requirements.'' and inserting the
following: ``shall describe the status of compliance
with State plan requirements, and shall describe how
the State plan is supported by or takes account of
scientific knowledge regarding adolescent development
and behavior and regarding the effects of delinquency
prevention programs and juvenile justice interventions
on adolescents. Not later than 30 days after the date
on which a plan or amended plan submitted under this
subsection is finalized, a State shall make the plan or
amended plan publicly available by posting the plan or
amended plan on the State's publicly available
website.'';
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting
``adolescent development,'' after
``concerning'';
(II) in clause (ii)--
(aa) in subclause (II), by
striking ``counsel for children
and youth'' and inserting
``publicly supported court-
appointed legal counsel for
children and youth charged in
delinquency matters'';
(bb) in subclause (III), by
striking ``mental health,
education, special education''
and inserting ``children's
mental health, education, child
and adolescent substance abuse,
special education, services for
youth with disabilities'';
(cc) in subclause (V), by
striking ``delinquents or
potential delinquents'' and
inserting ``delinquent youth or
youth at risk of delinquency'';
(dd) in subclause (VII), by
striking ``and'' at the end;
(ee) by redesignating
subclause (VIII) as subclause
(XI);
(ff) by inserting after
subclause (VII) the following:
``(VIII) the executive director or
the designee of the executive director
of a public or nonprofit entity that is
located in the State and receiving a
grant under part A of title III;
``(IX) persons with expertise and
competence in preventing and addressing
mental health and substance abuse needs
in juvenile delinquents and those at-
risk of delinquency;
``(X) representatives of victim or
witness advocacy groups; and''; and
(gg) in subclause (XI), as
so redesignated, by striking
``disabilities'' and inserting
``and other disabilities,
truancy reduction, school
failure''; and
(III) in clause (iv), by striking
``24 at the time of appointment'' and
inserting ``28'';
(ii) in subparagraph (D)(ii), by striking
``requirements of paragraphs (11), (12), and
(13)'' and inserting ``core requirements''; and
(iii) in subparagraph (E)(i), by adding
``and'' at the end;
(C) in paragraph (5)--
(i) in the matter preceding subparagraph
(A), by striking ``section 222(d)'' and
inserting ``section 222(e)''; and
(ii) in subparagraph (C), by striking
``Indian tribes'' and all that follows through
``applicable to the detention and confinement
of juveniles'' and inserting ``Indian tribes
that agree to attempt to comply with the core
requirements applicable to the detention and
confinement of juveniles'';
(D) in paragraph (7)--
(i) in subparagraph (A), by striking
``performs law enforcement functions'' and
inserting ``has jurisdiction''; and
(ii) in subparagraph (B)--
(I) by striking clause (i) and
inserting the following:
``(i) a plan for ensuring that the chief executive
officer of the State, State legislature, and all
appropriate public agencies in the State with
responsibility for provision of services to children,
youth, and families are informed of the requirements of
the State plan and compliance with the core
requirements;'';
(II) in clause (iii), by striking
``and'' at the end; and
(III) by striking clause (iv) and
inserting the following:
``(iv) a plan to provide alternatives to detention,
including diversion to home-based or community-based
services that are culturally and linguistically
competent or treatment for those youth in need of
mental health, substance abuse, or co-occurring
disorder services at the time such juveniles first come
into contact with the juvenile justice system;
``(v) a plan to reduce the number of children
housed in secure detention and corrections facilities
who are awaiting placement in residential treatment
programs;
``(vi) a plan to engage family members, where
appropriate, in the design and delivery of juvenile
delinquency prevention and treatment services,
particularly post-placement; and
``(vii) a plan to use community-based services to
address the needs of at-risk youth or youth who have
come into contact with the juvenile justice system;'';
(E) in paragraph (8), by striking ``existing'' and
inserting ``evidence-based and promising'';
(F) in paragraph (9)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``section 222(d)''
and inserting ``section 222(e)''; and
(II) by striking ``used for--'' and
inserting ``used for evidence-based and
trauma-informed--'';
(ii) in subparagraph (A)(i), by inserting
``status offenders and other'' before ``youth
who need'';
(iii) in subparagraph (B)(i)--
(I) by striking ``parents and other
family members'' and inserting ``status
offenders, other youth, and the parents
and other family members of such
offenders and youth''; and
(II) by striking ``be retained''
and inserting ``remain'';
(iv) by redesignating subparagraphs (G)
through (S) as subparagraphs (H) through (T),
respectively;
(v) in subparagraph (F), in the matter
preceding clause (i), by striking ``expanding''
and inserting ``programs to expand'';
(vi) by inserting after subparagraph (F),
the following:
``(G) expanding access to publicly supported,
court-appointed legal counsel and enhancing capacity
for the competent representation of every child;'';
(vii) in subparagraph (M), as so
redesignated--
(I) in clause (i), by striking
``restraints'' and inserting
``alternatives''; and
(II) in clause (ii), by striking
``by the provision'';
(viii) in subparagraph (S), as so
redesignated, by striking the ``and'' at the
end;
(ix) in subparagraph (T), as so
redesignated, by striking the period at the end
and inserting a semicolon; and
(x) by inserting after subparagraph (T) the
following:
``(U) programs and projects designed to inform
juveniles of the opportunity and process for expunging
juvenile records and to assist juveniles in pursuing
juvenile record expungements for both adjudications and
arrests not followed by adjudications; and
``(V) programs that address the needs of girls in
or at risk of entering the juvenile justice system,
including young mothers, survivors of commercial sexual
exploitation or domestic child sex trafficking, girls
with disabilities, and girls of color, including girls
who are members of an Indian tribe;'';
(G) in paragraph (11)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by inserting ``and individuals
under 18 years of age who are charged
with or who have committed an offense
of purchase or public possession of any
alcoholic beverage'' after ``by an
adult''; and
(II) in the matter following clause
(iii), by striking ``and'' at the end;
(ii) in subparagraph (B), by adding ``and''
at the end; and
(iii) by adding at the end the following:
``(C) encourage the use of community-based
alternatives to secure detention, including programs of
public and nonprofit entities receiving a grant under
part A of title III;'';
(H) in paragraph (12)(A), by striking ``contact''
and inserting ``sight or sound contact'';
(I) in paragraph (13), by striking ``contact'' each
place it appears and inserting ``sight or sound
contact'';
(J) by striking paragraph (22);
(K) by redesignating paragraphs (23) through (28)
as paragraphs (24) through (29), respectively;
(L) by redesignating paragraphs (14) through (21)
as paragraphs (16) through (23), respectively;
(M) by inserting after paragraph (13) the
following:
``(14) require that--
``(A) not later than 3 years after the date of
enactment of the Juvenile Justice and Delinquency
Prevention Reauthorization Act of 2014, unless a court
finds, after a hearing and in writing, that it is in
the interest of justice, juveniles awaiting trial or
other legal process who are treated as adults for
purposes of prosecution in criminal court and housed in
a secure facility--
``(i) shall not have sight or sound contact
with adult inmates; and
``(ii) except as provided in paragraph
(13), may not be held in any jail or lockup for
adults;
``(B) in determining under subparagraph (A) whether
it is in the interest of justice to permit a juvenile
to be held in any jail or lockup for adults, or have
sight or sound contact with adult inmates, a court
shall consider--
``(i) the age of the juvenile;
``(ii) the physical and mental maturity of
the juvenile;
``(iii) the present mental state of the
juvenile, including whether the juvenile
presents an imminent risk of harm to the
juvenile;
``(iv) the nature and circumstances of the
alleged offense;
``(v) the juvenile's history of prior
delinquent acts;
``(vi) the relative ability of the
available adult and juvenile detention
facilities to meet the specific needs of the
juvenile and to protect the public;
``(vii) whether placement in a juvenile
facility will better serve the long-term
interests of the juvenile and be more likely to
prevent recidivism;
``(viii) the availability of programs
designed to treat the juvenile's behavioral
problems; and
``(ix) any other relevant factor; and
``(C) if a court determines under subparagraph (A)
that it is in the interest of justice to permit a
juvenile to be held in any jail or lockup for adults--
``(i) the court shall hold a hearing not
less frequently than once every 30 days to
review whether it is still in the interest of
justice to permit the juvenile to be so held or
have such sight or sound contact; and
``(ii) the juvenile shall not be held in
any jail or lockup for adults, or permitted to
have sight or sound contact with adult inmates,
for more than 180 days, unless the court, in
writing, determines there is good cause for an
extension or the juvenile expressly waives this
limitation;
``(15) implement policy, practice, and system improvement
strategies at the State, territorial, local, and tribal levels,
as applicable, to identify and reduce racial and ethnic
disparities among youth who come into contact with the juvenile
justice system, without establishing or requiring numerical
standards or quotas, by--
``(A) establishing coordinating bodies, composed of
juvenile justice stakeholders at the State, local, or
tribal levels, to oversee and monitor efforts by
States, units of local government, and Indian tribes to
reduce racial and ethnic disparities;
``(B) identifying and analyzing key decision points
in State, local, or tribal juvenile justice and
educational systems to determine which points create
racial and ethnic disparities among youth who come into
contact with the juvenile justice system;
``(C) developing and implementing data collection
and analysis systems to identify where racial and
ethnic disparities exist in the juvenile justice system
and to track and analyze such disparities;
``(D) developing and implementing a work plan that
includes measurable objectives for policy, practice, or
other system changes, based on the needs identified in
the data collection and analysis under subparagraphs
(B) and (C); and
``(E) publicly reporting, on an annual basis, the
efforts made in accordance with subparagraphs (B), (C),
and (D);'';
(N) in paragraph (16), as so redesignated--
(i) by striking ``adequate system'' and
inserting ``effective system'';
(ii) by striking ``requirements of
paragraph (11),'' and all that follows through
``monitoring to the Administrator'' and
inserting ``the core requirements are met, and
for annual reporting to the Administrator of
such plan, including the results of such
monitoring and all related enforcement and
educational activities''; and
(iii) by striking ``, in the opinion of the
Administrator,'';
(O) in paragraph (17), as so redesignated, by
inserting ``ethnicity,'' after ``race,'';
(P) in paragraph (24), as so redesignated--
(i) in subparagraphs (A), (B), and (C), by
striking ``juvenile'' each place it appears and
inserting ``status offender'';
(ii) in subparagraph (B), by striking
``and'' at the end;
(iii) in subparagraph (C)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by adding
``and'' at the end; and
(III) by adding at the end the
following:
``(iii) if such court determines the status
offender should be placed in a secure detention
facility or correctional facility for violating
such order--
``(I) the court shall issue a
written order that--
``(aa) identifies the valid
court order that has been
violated;
``(bb) specifies the
factual basis for determining
that there is reasonable cause
to believe that the status
offender has violated such
order;
``(cc) includes findings of
fact to support a determination
that there is no appropriate
less restrictive alternative
available to placing the status
offender in such a facility,
with due consideration to the
best interest of the juvenile;
``(dd) specifies the length
of time, not to exceed 7 days,
that the status offender may
remain in a secure detention
facility or correctional
facility, and includes a plan
for the status offender's
release from such facility; and
``(ee) may not be renewed
or extended; and
``(II) the court may not issue a
second or subsequent order described in
subclause (I) relating to a status
offender, unless the status offender
violates a valid court order after the
date on which the court issues an order
described in subclause (I);''; and
(iv) by adding at the end the following:
``(D) there are procedures in place to ensure that
any status offender held in a secure detention facility
or correctional facility pursuant to a court order
described in this paragraph does not remain in custody
longer than 7 days or the length of time authorized by
the court, whichever is shorter; and
``(E) not later than 3 years after the date of
enactment of the Juvenile Justice and Delinquency
Prevention Reauthorization Act of 2014 with a 1-year
extension for each additional year that the State can
demonstrate hardship as determined by the
Administrator, the State will eliminate the use of
valid court orders to provide secure lockup of status
offenders;'';
(Q) in paragraph (26), as so redesignated, by
striking ``section 222(d)'' and inserting ``section
222(e)'';
(R) in paragraph (27), as so redesignated--
(i) by inserting ``and in accordance with
confidentiality concerns,'' after ``maximum
extent practicable,''; and
(ii) by striking the semicolon at the end
and inserting the following: ``, so as to
provide for--
``(A) a compilation of data reflecting information
on juveniles entering the juvenile justice system with
a prior reported history as victims of child abuse or
neglect through arrest, court intake, probation and
parole, juvenile detention, and corrections; and
``(B) a plan to use the data described in
subparagraph (A) to provide necessary services for the
treatment of victims of child abuse and neglect who
have entered, or are at risk of entering, the juvenile
justice system;'';
(S) in paragraph (28), as so redesignated--
(i) by striking ``establish policies'' and
inserting ``establish protocols, policies,
procedures,''; and
(ii) by striking ``and'' at the end;
(T) in paragraph (29), as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(U) by adding at the end the following:
``(30) provide for the coordinated use of funds provided
under this Act with other Federal and State funds directed at
juvenile delinquency prevention and intervention programs;
``(31) develop policies and procedures, and provide
training for facility staff to eliminate the use of dangerous
practices, unreasonable restraints, and unreasonable isolation,
including by developing effective behavior management
techniques;
``(32) describe--
``(A) the evidence-based methods that will be used
to conduct mental health and substance abuse screening,
assessment, referral, and treatment for all juveniles
who--
``(i) request a screening;
``(ii) show signs of needing a screening;
or
``(iii) are held for a period of more than
24 hours in a secure facility that provides for
an initial screening;
``(B) the method to be used by the State to provide
or arrange for mental health and substance abuse
disorder treatment for juveniles determined to be in
need of such treatment; and
``(C) the policies of the State designed to develop
and implement comprehensive collaborative State or
local plans to meet the service needs of juveniles with
mental health or substance abuse needs who come into
contact with the justice system and the families of the
juveniles, including recognizing trauma histories of
juveniles and providing trauma-informed care;
``(33) provide procedural safeguards to adjudicated
juveniles, including--
``(A) a written case plan for each juvenile, based
on an assessment of the needs of the juvenile and
developed and updated in consultation with the
juvenile, the family of the juvenile, and, if
appropriate, counsel for the juvenile, that--
``(i) describes the pre-release and post-
release programs and reentry services that will
be provided to the juvenile;
``(ii) describes the living arrangement to
which the juvenile is to be discharged; and
``(iii) establishes a plan for the
enrollment of the juvenile in post-release
health care, behavioral health care,
educational, vocational, training, family
support, public assistance, and legal services
programs, as appropriate; and
``(B) as appropriate, a hearing that--
``(i) shall take place in a family or
juvenile 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 30 days before the
date on which the juvenile is scheduled to be
released, and at which the juvenile would be
represented by counsel; and
``(ii) shall determine the discharge plan
for the juvenile, including a determination of
whether a safe, appropriate, and permanent
living arrangement has been secured for the
juvenile and whether enrollment in health care,
behavioral health care, educational,
vocational, training, family support, public
assistance and legal services, as appropriate,
has been arranged for the juvenile;
``(34) provide that the agency of the State receiving funds
under this Act collaborate with the State educational agency
receiving assistance under part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) to
develop and implement a plan to ensure that, in order to
support educational progress--
``(A) the student records of adjudicated juveniles,
including electronic records if available, are
transferred in a timely manner from the educational
program in the juvenile detention or secure treatment
facility to the educational or training program into
which the juveniles will enroll;
``(B) the credits of adjudicated juveniles are
transferred; and
``(C) adjudicated juveniles receive full or partial
credit toward high school graduation for secondary
school coursework satisfactorily completed before and
during the period of time during which the juveniles
are held in custody, regardless of the local
educational agency or entity from which the credits
were earned; and
``(35) provide a description of the use by the State of
funds for reentry and aftercare services for juveniles released
from the juvenile justice system.'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``applicable requirements
of paragraphs (11), (12), (13), and (22) of
subsection (a)'' and inserting ``core
requirements''; and
(ii) by striking ``beginning after
September 30, 2001, then'';
(B) in paragraph (1)--
(i) by striking ``the subsequent fiscal
year'' and inserting ``that fiscal year''; and
(ii) by striking ``, and'' at the end and
inserting a semicolon;
(C) in paragraph (2)(B)(ii)--
(i) by inserting ``, administrative,''
after ``appropriate executive''; and
(ii) by striking the period at the end and
inserting ``, as specified in section 222(c);
and''; and
(D) by adding at the end the following:
``(3) the State shall submit to the Administrator a report
detailing the reasons for noncompliance with the core
requirements, including the plan of the State to regain full
compliance, and the State shall make publicly available such
report, not later than 30 days after the date on which the
Administrator approves the report, by posting the report on a
publicly available website.'';
(3) in subsection (d)--
(A) by striking ``section 222(d)'' and inserting
``section 222(e)'';
(B) by striking ``described in paragraphs (11),
(12), (13), and (22) of subsection (a)'' and inserting
``described in the core requirements''; and
(C) by striking ``the requirements under paragraphs
(11), (12), (13), and (22) of subsection (a)'' and
inserting ``the core requirements'';
(4) in subsection (f)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (E)
and subparagraphs (A) through (D); and
(5) by adding at the end the following:
``(g) Compliance Determination.--
``(1) In general.--Not later than 60 days after the date of
receipt of information indicating that a State may be out of
compliance with any of the core requirements, the Administrator
shall determine whether the State is in compliance with the
core requirements.
``(2) Reporting.--The Administrator shall--
``(A) issue an annual public report--
``(i) describing any determination
described in paragraph (1) made during the
previous year, including a summary of the
information on which the determination is based
and the actions to be taken by the
Administrator (including a description of any
reduction imposed under subsection (c)); and
``(ii) for any such determination that a
State is out of compliance with any of the core
requirements, describing the basis for the
determination; and
``(B) make the report described in subparagraph (A)
available on a publicly available website.''.
SEC. 206. AUTHORITY TO MAKE GRANTS.
Section 241(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5651(a)) is amended--
(1) in paragraph (1), by inserting ``status offenders,''
before ``juvenile offenders, and juveniles'';
(2) in paragraph (5), by striking ``juvenile offenders and
juveniles'' and inserting ``status offenders, juvenile
offenders, and juveniles'';
(3) in paragraph (10), by inserting ``, including juveniles
with disabilities'' before the semicolon; and
(4) in paragraph (17), by inserting ``truancy prevention
and reduction,'' after ``mentoring,''.
SEC. 207. GRANTS TO INDIAN TRIBES.
(a) In General.--Section 246(a)(2) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5656(a)(2)) is amended--
(1) by striking subparagraph (A);
(2) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively; and
(3) in subparagraph (B)(ii), as redesignated, by striking
``subparagraph (B)'' and inserting ``subparagraph (A)''.
(b) Technical and Conforming Amendment.--Section 223(a)(7)(A) of
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5633(a)(7)(A)) is amended by striking ``(including any geographical
area in which an Indian tribe performs law enforcement functions)'' and
inserting ``(including any geographical area of which an Indian tribe
has jurisdiction)''.
SEC. 208. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION
DISSEMINATION.
Section 251 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5661) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter proceeding subparagraph
(A), by striking ``may'' and inserting
``shall'';
(ii) in subparagraph (A), by striking
``plan and identify'' and inserting ``annually
publish a plan to identify''; and
(iii) in subparagraph (B)--
(I) by striking clause (iii) and
inserting the following:
``(iii) successful efforts to prevent
status offenders and first-time minor offenders
from subsequent involvement with the criminal
justice system;'';
(II) by striking clause (vii) and
inserting the following:
``(vii) the prevalence and duration of
behavioral health needs (including mental
health, substance abuse, and co-occurring
disorders) among juveniles pre-placement and
post-placement when held in the custody of
secure detention and corrections facilities,
including an examination of the effects of
confinement;'';
(III) by redesignating clauses
(ix), (x), and (xi) as clauses (xi),
(xii), and (xiii), respectively; and
(IV) by inserting after clause
(viii) the following:
``(ix) training efforts and reforms that
have produced reductions in or elimination of
the use of dangerous practices;
``(x) methods to improve the recruitment,
selection, training, and retention of
professional personnel in the fields of
medicine, law enforcement, the judiciary,
juvenile justice, social work and child
protection, education, and other relevant
fields who are engaged in, or intend to work
in, the field of prevention, identification,
and treatment of delinquency;''; and
(B) in paragraph (4)--
(i) in the matter preceding subparagraph
(A), by striking ``date of enactment of this
paragraph,the'' and inserting ``date of
enactment of the Juvenile Justice and
Delinquency Prevention Reauthorization Act of
2014, the'';
(ii) in subparagraph (F), by striking
``and'' at the end;
(iii) in subparagraph (G), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(H) a description of the best practices in
discharge planning; and
``(I) an assessment of living arrangements for
juveniles who cannot return to the homes of the
juveniles.'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``may'' and inserting ``shall''; and
(3) by adding at the end the following:
``(f) National Recidivism Measure.--The Administrator, in
consultation with experts in the field of juvenile justice research,
recidivism, and data collection, shall--
``(1) establish a uniform method of data collection and
technology that States shall use to evaluate data on juvenile
recidivism on an annual basis;
``(2) establish a common national juvenile recidivism
measurement system; and
``(3) make cumulative juvenile recidivism data that is
collected from States available to the public.''.
SEC. 209. TRAINING AND TECHNICAL ASSISTANCE.
Section 252 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5662) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``may'';
(B) in paragraph (1), by inserting ``shall'' before
``develop and carry out projects''; and
(C) in paragraph (2), by inserting ``may'' before
``make grants to and contracts with'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``may'';
(B) in paragraph (1)--
(i) by inserting ``shall'' before ``develop
and implement projects'';
(ii) by inserting ``, including compliance
with the core requirements'' after ``this
title''; and
(iii) by striking ``and'' at the end;
(C) in paragraph (2)--
(i) by inserting ``may'' before ``make
grants to and contracts with''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(3) shall, upon request, provide technical assistance to
States and units of local government on achieving compliance
with the amendments made by the Juvenile Justice and
Delinquency Prevention Reauthorization Act of 2014; and
``(4) shall provide technical assistance to States in
support of efforts to establish partnerships between a State
and a university, institution of higher education, or research
center designed to improve the recruitment, selection,
training, and retention of professional personnel in the fields
of medicine, law enforcement, the judiciary, juvenile justice,
social work and child protection, education, and other relevant
fields who are engaged in, or intend to work in, the field of
prevention, identification, and treatment of delinquency.'';
and
(3) by adding at the end the following:
``(d) Technical Assistance to States Regarding Legal Representation
of Children.--The Administrator shall--
``(1) develop and issue standards of practice for attorneys
representing children; and
``(2) ensure that the standards issued under paragraph (1)
are adapted for use in States.
``(e) Training and Technical Assistance for Local and State
Juvenile Detention and Corrections Personnel.--The Administrator shall
coordinate training and technical assistance programs with juvenile
detention and corrections personnel of States and units of local
government to--
``(1) promote methods for improving conditions of juvenile
confinement, including methods that are designed to minimize
the use of dangerous practices, unreasonable restraints, and
isolation; and
``(2) encourage alternative behavior management techniques
based on positive youth development approaches.
``(f) Training and Technical Assistance To Support Mental Health or
Substance Abuse Treatment Including Home-Based or Community-Based
Care.--The Administrator shall provide training and technical
assistance, in conjunction with the appropriate public agencies, to
individuals involved in making decisions regarding the disposition of
cases for youth who enter the juvenile justice system about the
appropriate services and placement for youth with mental health or
substance abuse needs, including--
``(1) juvenile justice intake personnel;
``(2) probation officers;
``(3) juvenile court judges and court services personnel;
``(4) prosecutors and court-appointed counsel; and
``(5) family members of juveniles and family advocates.
``(g) Grants for Juvenile Court Judges and Personnel.--The Attorney
General, acting through the Office of Juvenile Justice and Delinquency
Prevention and the Office of Justice Programs, shall make grants to
improve training, education, technical assistance, evaluation, and
research to enhance the capacity of State and local courts, judges, and
related judicial personnel to--
``(1) improve the lives of children currently involved in
or at risk of being involved in the juvenile court system; and
``(2) carry out the requirements of this Act.''.
SEC. 210. INCENTIVE GRANTS FOR STATE AND LOCAL 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 G; and
(2) by inserting after part E the following:
``PART F--INCENTIVE GRANTS FOR STATE AND LOCAL PROGRAMS
``SEC. 271. INCENTIVE GRANTS.
``(a) Incentive Grant Funds.--The Administrator may make incentive
grants to a State, unit of local government, or combination of States
and local governments to assist a State, unit of local government, or
combination thereof in carrying out an activity identified in
subsection (b)(1).
``(b) Use of Funds.--
``(1) In general.--An incentive grant made by the
Administrator under this section may be used to--
``(A) increase the use of evidence-based or
promising prevention and intervention programs;
``(B) improve the recruitment, selection, training,
and retention of professional personnel (including in
the fields of medicine, law enforcement, the judiciary,
juvenile justice, social work, and child prevention)
who are engaged in, or intend to work in, the field of
prevention, intervention, and treatment of juveniles to
reduce delinquency;
``(C) establish or support a partnership between
juvenile justice agencies of a State or unit of local
government and mental health authorities of a State or
unit of local government to establish and implement
programs to ensure there are adequate mental health and
substance abuse screening, assessment, referral,
treatment, and after-care services for juveniles who
come into contact with the justice system by--
``(i) carrying out programs that divert
from incarceration juveniles who come into
contact with the justice system (including
facilities contracted for operation by State or
local juvenile authorities) and have mental
health or substance abuse needs--
``(I) when such juveniles are at
imminent risk of being taken into
custody;
``(II) at the time such juveniles
are initially taken into custody;
``(III) after such juveniles are
charged with an offense or act of
juvenile delinquency;
``(IV) after such juveniles are
adjudicated delinquent and before case
disposition; and
``(V) after such juveniles are
committed to secure placement; or
``(ii) improving treatment of juveniles
with mental health needs by working to ensure--
``(I) that--
``(aa) initial mental
health screening is--
``(AA) completed
for a juvenile
immediately upon
entering the juvenile
justice system or a
juvenile facility; and
``(BB) conducted by
qualified health and
mental health
professionals or by
staff who have been
trained by qualified
health, mental health,
and substance abuse
professionals; and
``(bb) in the case of
screening, results that
indicate possible need for
mental health or substance
abuse services are reviewed by
qualified mental health or
substance abuse treatment
professionals not later than 24
hours after the screening;
``(II) that a juvenile who suffers
from an acute mental disorder, is
suicidal, or is in need of medical
attention due to intoxication is--
``(aa) placed in or
immediately transferred to an
appropriate medical or mental
health facility; and
``(bb) only admitted to a
secure correctional facility
with written medical clearance;
``(III) that--
``(aa) for a juvenile
identified by a screening as
needing a mental health
assessment, the mental health
assessment and any indicated
comprehensive evaluation or
individualized treatment plan
are written and implemented--
``(AA) not later
than 2 weeks after the
date on which the
juvenile enters the
juvenile justice
system; or
``(BB) if a
juvenile is entering a
secure facility, not
later than 1 week after
the date on which the
juvenile enters the
juvenile justice
system; and
``(bb) the assessments
described in item (aa) are
completed by qualified health,
mental health, and substance
abuse professionals;
``(IV) that--
``(aa) if the need for
treatment is indicated by the
assessment of a juvenile, the
juvenile is referred to or
treated by a qualified
professional;
``(bb) a juvenile who is
receiving treatment for a
mental health or substance
abuse need on the date of the
assessment continues to receive
treatment;
``(cc) treatment of a
juvenile continues until a
qualified mental health
professional determines that
the juvenile is no longer in
need of treatment; and
``(dd) treatment plans for
juveniles are reevaluated at
least every 30 days;
``(V) that--
``(aa) discharge plans are
prepared for an incarcerated
juvenile when the juvenile
enters the correctional
facility in order to integrate
the juvenile back into the
family and the community;
``(bb) discharge plans for
an incarcerated juvenile are
updated, in consultation with
the family or guardian of a
juvenile, before the juvenile
leaves the facility; and
``(cc) discharge plans
address the provision of
aftercare services;
``(VI) that any juvenile in the
juvenile justice system receiving
psychotropic medications is--
``(aa) under the care of a
licensed psychiatrist; and
``(bb) monitored regularly
by trained staff to evaluate
the efficacy and side effects
of the psychotropic
medications; and
``(VII) that specialized treatment
and services are continually available
to a juvenile in the juvenile justice
system who has--
``(aa) a history of mental
health needs or treatment;
``(bb) a documented history
of sexual offenses or sexual
abuse, as a victim or
perpetrator;
``(cc) substance abuse
needs or a health problem,
learning disability, or history
of family abuse or violence; or
``(dd) developmental
disabilities;
``(D) provide ongoing training, in conjunction with
the public or private agency that provides mental
health services, to individuals involved in making
decisions involving youth who enter the juvenile
justice system (including intake personnel, law
enforcement, prosecutors, juvenile court judges, public
defenders, mental health and substance abuse service
providers and administrators, probation officers, and
parents) that focuses on--
``(i) the availability of screening and
assessment tools and the effective use of such
tools;
``(ii) the purpose, benefits, and need to
increase availability of mental health or
substance abuse treatment programs (including
home-based and community-based programs)
available to juveniles within the jurisdiction
of the recipient;
``(iii) the availability of public and
private services available to juveniles to pay
for mental health or substance abuse treatment
programs; or
``(iv) the appropriate use of effective
home-based and community-based alternatives to
juvenile justice or mental health system
institutional placement; and
``(E) develop comprehensive collaborative plans to
address the service needs of juveniles with mental
health or substance abuse disorders who are at risk of
coming into contact with the juvenile justice system
that--
``(i) revise and improve the delivery of
intensive home-based and community-based
services to juveniles who have been in contact
with or who are at risk of coming into contact
with the justice system;
``(ii) determine how the service needs of
juveniles with mental health or substance abuse
disorders who come into contact with the
juvenile justice system will be furnished from
the initial detention stage until after
discharge in order for those juveniles to avoid
further contact with the justice system;
``(iii) demonstrate that the State or unit
of local government has entered into
appropriate agreements with all entities
responsible for providing services under the
plan, such as the agency of the State or unit
of local government charged with administering
juvenile justice programs, the agency of the
State or unit of local government charged with
providing mental health services, the agency of
the State or unit of local government charged
with providing substance abuse treatment
services, the educational agency of the State
or unit of local government, the child welfare
system of the State or local government, and
private nonprofit community-based
organizations;
``(iv) ensure that the State or unit of
local government has in effect any laws
necessary for services to be delivered in
accordance with the plan;
``(v) establish a network of individuals
(or incorporate an existing network) to provide
coordination between mental health service
providers, substance abuse service providers,
probation and parole officers, judges,
corrections personnel, law enforcement
personnel, State and local educational agency
personnel, parents and families, and other
appropriate parties regarding effective
treatment of juveniles with mental health or
substance abuse disorders;
``(vi) provide for cross-system training
among law enforcement personnel, corrections
personnel, State and local educational agency
personnel, mental health service providers, and
substance abuse service providers to enhance
collaboration among systems;
``(vii) provide for coordinated and
effective aftercare programs for juveniles who
have been diagnosed with a mental health or
substance abuse disorder and who are discharged
from home-based care, community-based care, any
other treatment program, secure detention
facilities, secure correctional facilities, or
jail;
``(viii) provide for the purchase of
technical assistance to support the
implementation of the plan;
``(ix) estimate the costs of implementing
the plan and propose funding sources sufficient
to meet the non-Federal funding requirements
for implementation of the plan under subsection
(c)(2)(E);
``(x) describe the methodology to be used
to identify juveniles at risk of coming into
contact with the juvenile justice system;
``(xi) provide a written plan to ensure
that all training and services provided under
the plan will be culturally and linguistically
competent; and
``(xii) describe the outcome measures and
benchmarks that will be used to evaluate the
progress and effectiveness of the plan.
``(2) Coordination and administration.--A State or unit of
local government receiving a grant under this section shall
ensure that--
``(A) the use of the grant under this section is
developed as part of the State plan required under
section 223(a); and
``(B) not more than 5 percent of the amount
received under this section is used for administration
of the grant under this section.
``(c) Application.--
``(1) In general.--A State or unit of local government
desiring a grant under this section shall submit an application
at such time, in such manner, and containing such information
as the Administrator may prescribe.
``(2) Contents.--In accordance with guidelines that shall
be established by the Administrator, each application for
incentive grant funding under this section shall--
``(A) describe any activity or program the funding
would be used for and how the activity or program is
designed to carry out 1 or more of the activities
described in subsection (b);
``(B) if any of the funds provided under the grant
would be used for evidence-based or promising
prevention or intervention programs, include a detailed
description of the studies, findings, or practice
knowledge that support the assertion that such programs
qualify as evidence-based or promising;
``(C) for any program for which funds provided
under the grant would be used that is not evidence-
based or promising, include a detailed description of
any studies, findings, or practice knowledge which
support the effectiveness of the program;
``(D) if the funds provided under the grant will be
used for an activity described in subsection (b)(1)(D),
include a certification that the State or unit of local
government--
``(i) will work with public or private
entities in the area to administer the training
funded under subsection (b)(1)(D), to ensure
that such training is comprehensive,
constructive, linguistically and culturally
competent, and of a high quality;
``(ii) is committed to a goal of increasing
the diversion of juveniles coming under its
jurisdiction into appropriate home-based or
community-based care when the interest of the
juvenile and public safety allow;
``(iii) intends to use amounts provided
under a grant under this section for an
activity described in subsection (b)(1)(D) to
further such goal; and
``(iv) has a plan to demonstrate, using
appropriate benchmarks, the progress of the
agency in meeting such goal; and
``(E) if the funds provided under the grant will be
used for an activity described in subsection (b)(1)(D),
include a certification that not less than 25 percent
of the total cost of the training described in
subsection (b)(1)(D) that is conducted with the grant
under this section will be contributed by non-Federal
sources.
``(d) Requirements for Grants To Establish Partnerships.--
``(1) Mandatory reporting.--A State or unit of local
government receiving a grant for an activity described in
subsection (b)(1)(C) shall keep records of the incidence and
types of mental health and substance abuse disorders in the
juvenile justice population of the State or unit of local
government, the range and scope of services provided, and
barriers to service. The State or unit of local government
shall submit an analysis of this information yearly to the
Administrator.
``(2) Staff ratios for correctional facilities.--A State or
unit of local government receiving a grant for an activity
described in subsection (b)(1)(C) shall require that a secure
correctional facility operated by or on behalf of that State or
unit of local government--
``(A) has a minimum ratio of not fewer than 1
mental health and substance abuse counselor for every
50 juveniles, who shall be professionally trained and
certified or licensed;
``(B) has a minimum ratio of not fewer than 1
clinical psychologist for every 100 juveniles; and
``(C) has a minimum ratio of not fewer than 1
licensed psychiatrist for every 100 juveniles receiving
psychiatric care.
``(3) Limitation on isolation.--A State or unit of local
government receiving a grant for an activity described in
subsection (b)(1)(C) shall require that--
``(A) isolation is used only for immediate and
short-term security or safety reasons;
``(B) no juvenile is placed in isolation without
approval of the facility superintendent or chief
medical officer or their official staff designee;
``(C) all instances in which a juvenile is placed
in isolation are documented in the file of the juvenile
along with the justification;
``(D) a juvenile is in isolation only the amount of
time necessary to achieve the security and safety of
the juvenile and staff;
``(E) staff monitor each juvenile in isolation once
every 15 minutes and conduct a professional review of
the need for isolation at least every 4 hours; and
``(F) any juvenile held in isolation for 24 hours
is examined by a physician or licensed psychologist.
``(4) Medical and mental health emergencies.--A State or
unit of local government receiving a grant for an activity
described in subsection (b)(1)(C) shall require that a
correctional facility operated by or on behalf of that State or
unit of local government has written policies and procedures on
suicide prevention. All staff working in a correctional
facility operated by or on behalf of a State or unit of local
government receiving a grant for an activity described in
subsection (b)(1)(C) shall be trained and certified annually in
suicide prevention. A correctional facility operated by or on
behalf of a State or unit of local government receiving a grant
for an activity described in subsection (b)(1)(C) shall have a
written arrangement with a hospital or other facility for
providing emergency medical and mental health care. Physical
and mental health services shall be available to an
incarcerated juvenile 24 hours per day, 7 days per week.
``(5) IDEA and rehabilitation act.--A State or unit of
local government receiving a grant for an activity described in
subsection (b)(1)(C) shall require that all juvenile facilities
operated by or on behalf of the State or unit of local
government abide by all mandatory requirements and timelines
set forth under the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.) and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794).
``(6) Fiscal responsibility.--A State or unit of local
government receiving a grant for an activity described in
subsection (b)(1)(C) shall 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 section that are used for an activity
described in subsection (b)(1)(C).''.
SEC. 211. ADMINISTRATIVE AUTHORITY.
Section 299A(e) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5672(e)) is amended by striking ``requirements
described in paragraphs (11), (12), and (13) of section 223(a)'' and
inserting ``core requirements''.
SEC. 212. TECHNICAL AND CONFORMING AMENDMENTS.
The Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) is amended--
(1) in section 204(b)(6) (42 U.S.C. 5614(b)(6)), by
striking ``section 223(a)(15)'' and inserting ``section
223(a)(14)'';
(2) in section 246(a)(2)(D) (42 U.S.C. 5656(a)(2)(D)), by
striking ``section 222(c)'' and inserting ``section 222(d)'';
and
(3) in section 299D(b) (42 U.S.C. 5675(b)), by striking
``section 222(c)'' and inserting ``section 222(d)''.
TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
SEC. 301. DEFINITIONS.
Section 502 of the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002 (42 U.S.C. 5781) is amended--
(1) in the section heading, by striking ``definition'' and
inserting ``definitions''; and
(2) by striking ``this title, the term'' and inserting the
following: ``this title--
``(1) the term `mentoring' means matching 1 adult with 1 or
more youths (not to exceed 4 youths) for the purpose of
providing guidance, support, and encouragement aimed at
developing the character of the youths, where the adult and
youths meet regularly for not less than 4 hours each month for
not less than a 9-month period; and
``(2) the term''.
SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.
Section 504(a) of the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002 (42 U.S.C. 5783(a)) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) mentoring programs.''.
SEC. 303. TECHNICAL AND CONFORMING AMENDMENT.
The Juvenile Justice and Delinquency Prevention Act of 1974 is
amended by striking title V, as added by the Juvenile Justice and
Delinquency Prevention Act of 1974 (Public Law 93-415; 88 Stat. 1133)
(relating to miscellaneous and conforming amendments).
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Evaluation.--Not later than October 1, 2015, the Comptroller
General of the United States shall--
(1) conduct a comprehensive analysis and evaluation
regarding the performance of the Office of Juvenile Justice
Delinquency and Prevention (referred to in this section as
``the agency''), its functions, its programs, and its grants;
(2) conduct a comprehensive audit and evaluation of a
selected, statistically significant sample of grantees (as
determined by the Comptroller General) that receive Federal
funds under grant programs administered by the Office of
Juvenile Justice Delinquency and Prevention including a review
of internal controls to prevent fraud, waste, and abuse of
funds by grantees; and
(3) submit a report in accordance with subsection (d).
(b) Considerations for Evaluation.--In conducting the analysis and
evaluation under subsection (a)(1), and in order to document the
efficiency and public benefit of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.), excluding the Runaway
and Homeless Youth Act (42 U.S.C. 5701 et seq.) and the Missing
Children's Assistance Act (42 U.S.C. 5771 et seq.), the Comptroller
General shall take into consideration--
(1) the extent to which the jurisdiction of, and the
programs administered by, the agency duplicate or conflict with
the jurisdiction and programs of other agencies;
(2) the potential benefits of consolidating programs
administered by the agency with similar or duplicative programs
of other agencies, and the potential for consolidating those
programs;
(3) whether present functions or operations are impeded or
enhanced by existing statutes, rules, and procedures;
(4) the number and types of beneficiaries or persons served
by programs carried out by the agency;
(5) the manner with which the agency seeks public input and
input from State and local governments on the performance of
the functions of the agency;
(6) the extent to which the agency complies with section
552 of title 5, United States Code (commonly known as the
Freedom of Information Act);
(7) whether greater oversight is needed of programs
developed with grants made by the agency; and
(8) the extent to which changes are necessary in the
authorizing statutes of the agency in order for the functions
of the agency to be performed in a more efficient and effective
manner.
(c) Considerations for Audits.--In conducting the audit and
evaluation under subsection (a)(2), and in order to document the
efficiency and public benefit of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.), excluding the Runaway
and Homeless Youth Act (42 U.S.C. 5701 et seq.) and the Missing
Children's Assistance Act (42 U.S.C. 5771 et seq.), the Comptroller
General shall take into consideration--
(1) whether grantees timely file Financial Status Reports;
(2) whether grantees have sufficient internal controls to
ensure adequate oversight of grant fund received;
(3) whether disbursements were accompanied with adequate
supporting documentation (including invoices and receipts);
(4) whether expenditures were authorized;
(5) whether subrecipients of grant funds were complying
with program requirements;
(6) whether salaries and fringe benefits of personnel were
adequately supported by documentation;
(7) whether contracts were bid in accordance with program
guidelines; and
(8) whether grant funds were spent in accordance with
program goals and guidelines.
(d) Report.--
(1) In general.--The Comptroller General of the United
States shall submit a report regarding the evaluation conducted
under subsection (a) and audit under subsection (b), together
with supporting materials, to the Speaker of the House of
Representatives and the President pro tempore of the Senate,
and be made available to the public, not later than October 1,
2011.
(2) Contents.--The report submitted in accordance with
paragraph (1) shall include all audit findings determined by
the selected, statistically significant sample of grantees as
required by subsection (a)(2) and shall include the name and
location of any selected grantee as well as any findings
required by subsection (a)(2).
SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end
the following:
``TITLE VI--AUTHORIZATION OF APPROPRIATIONS; ACCOUNTABILITY AND
OVERSIGHT
``SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this Act--
``(1) $159,000,000 for fiscal year 2015;
``(2) $162,180,000 for fiscal year 2016;
``(3) $165,423,600 for fiscal year 2017;
``(4) $168,732,072 for fiscal year 2018; and
``(5) $172,106,713 for fiscal year 2019.
``(b) Mentoring Programs.--Not more than 20 percent of the amount
authorized to be appropriated under subsection (a) for a fiscal year
may be used for mentoring programs.''.
(b) Technical and Conforming Amendments.--The Juvenile Justice and
Delinquency Prevention Act of 1974 is amended by striking--
(1) section 299 (42 U.S.C. 5671);
(2) section 388 (42 U.S.C. 5751);
(3) section 408 (42 U.S.C. 5777); and
(4) section 505 (42 U.S.C. 5784).
SEC. 403. ACCOUNTABILITY AND OVERSIGHT.
(a) In General.--Title VI of the Juvenile Justice and Delinquency
Prevention Act of 1974, as added by this Act, is amended by adding at
the end the following:
``SEC. 602. ACCOUNTABILITY AND OVERSIGHT.
``All grants awarded by the Attorney General under this Act shall
be subject to the following accountability provisions:
``(1) Audit requirement.--
``(A) Definitions.--In this paragraph--
``(i) the term `Inspector General' means
the Inspector General of the Department of
Justice; and
``(ii) the term `unresolved audit finding'
means a finding in the final audit report of
the Inspector General--
``(I) that the audited grantee has
used grant funds for an unauthorized
expenditure or otherwise unallowable
cost; and
``(II) that is not closed or
resolved during the 12-month period
beginning on the date on which the
final audit report is issued.
``(B) Requirement.--Beginning in the first fiscal
year beginning after the date of enactment of this Act,
and in each fiscal year thereafter, the Inspector
General shall conduct audits of recipients of grants
under this Act to prevent waste, fraud, and abuse of
funds by grantees.
``(C) Number of grantees to be audited.--The
Inspector General shall determine the appropriate
number of grantees to be audited under subparagraph (B)
each fiscal year.
``(D) Mandatory exclusion.--A recipient of grant
funds under this Act that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this Act during the first 2
fiscal years beginning after the 12-month period
described in subparagraph (A)(ii)(II).
``(E) Priority.--In awarding grants under this Act,
the Attorney General shall give priority an eligible
entity that did not have an unresolved audit finding
during the 3 fiscal years prior to the date on which
the eligible entity submits an application for a grant
under this Act.
``(F) Reimbursement.--If an entity is awarded grant
funds under this Act during the 2-fiscal-year period in
which the entity is barred from receiving grants under
subparagraph (D), the Attorney General shall--
``(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
``(ii) seek to recoup the costs of the
repayment to the General Fund under clause (i)
from the grantee that was erroneously awarded
grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph
and the grant programs described in this Act, the term
`nonprofit organization' means an organization that is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section
501(a) of such Code.
``(B) Prohibition.--The Attorney General may not
award a grant under any grant program described in this
Act to a nonprofit organization that holds money in
offshore accounts for the purpose of avoiding paying
the tax described in section 511(a) of the Internal
Revenue Code of 1986.
``(C) Disclosure.--
``(i) In general.--Each nonprofit
organization that is awarded a grant under a
grant program described in this Act and uses
the procedures prescribed in regulations to
create a rebuttable presumption of
reasonableness for the compensation of its
officers, directors, trustees, and key
employees, shall disclose to the Attorney
General, in the application for the grant, the
process for determining such compensation,
including--
``(I) the independent persons
involved in reviewing and approving
such compensation;
``(II) the comparability data used;
and
``(III) contemporaneous
substantiation of the deliberation and
decision.
``(ii) Public inspection upon request.--
Upon request, the Attorney General shall make
the information disclosed under clause (i)
available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be
appropriated to the Department of Justice under this
Act may be used by the Attorney General, or by any
individual or organization awarded discretionary funds
through a cooperative agreement under this Act, to host
or support any expenditure for conferences that uses
more than $20,000 in funds made available to the
Department of Justice, unless the Deputy Attorney
General or such Assistant Attorney Generals, Directors,
or principal deputies as the Deputy Attorney General
may designate, provides prior written authorization
that the funds may be expended to host a conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food and beverages, audiovisual equipment,
honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
conference expenditures approved under this paragraph.
``(4) Prohibition on lobbying activity.--
``(A) In general.--Amounts authorized to be
appropriated under this Act may not be utilized by any
recipient of a grant made using such amounts to--
``(i) lobby any representative of the
Department of Justice regarding the award of
grant funding; or
``(ii) lobby any representative of a
Federal, State, local, or tribal government
regarding the award of grant funding.
``(B) Penalty.--If the Attorney General determines
that any recipient of a grant made using amounts
authorized to be appropriated under this Act has
violated subparagraph (A), the Attorney General shall--
``(i) require the grant recipient to repay
the grant in full; and
``(ii) prohibit the grant recipient from
receiving another grant under this Act for not
less than 5 years.
``(5) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of the Juvenile
Justice and Delinquency Prevention Reauthorization Act of 2014,
the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification that--
``(A) all audits issued by the Office of the
Inspector General of the Department of Justice under
paragraph (1) have been completed and reviewed by the
appropriate Assistant Attorney General or Director;
``(B) all mandatory exclusions required under
paragraph (1)(D) have been issued;
``(C) all reimbursements required under paragraph
(1)(F)(i) have been made; and
``(D) includes a list of any grant recipients
excluded under paragraph (1)(D) during the preceding
fiscal year.''.
(b) Technical and Conforming Amendment.--
(1) In general.--The Juvenile Justice and Delinquency
Prevention Act of 1974 is amended by striking section 407 (42
U.S.C. 5776a).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the first day of the first fiscal year
beginning after the date of enactment of this Act.
(3) Savings clause.--In the case of an entity that is
barred from receiving grant funds under paragraph (2) or
(7)(B)(ii) of section 407 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5776a), the
amendment made by paragraph (1) of this subsection shall not
affect the applicability to the entity, or to the Attorney
General with respect to the entity, of paragraph (2), (3), or
(7) of such section 407, as in effect on the day before the
effective date under paragraph (2) of this subsection.
TITLE V--JUVENILE ACCOUNTABILITY BLOCK GRANTS
SEC. 501. GRANT ELIGIBILITY.
Section 1802(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ee-2(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) assurances that the State agrees to comply with the
core requirements, as defined in section 103 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5603), applicable to the detention and confinement of
juveniles.''.
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