[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9579 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9579
To allow Juvenile Justice and Delinquency Prevention Program assistance
be used to reduce racial and ethnic disparities, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 15, 2022
Mr. Crow (for himself and Ms. Wilson of Florida) introduced the
following bill; which was referred to the Committee on Education and
Labor
_______________________________________________________________________
A BILL
To allow Juvenile Justice and Delinquency Prevention Program assistance
be used to reduce racial and ethnic disparities, 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 ``Reducing Racial and Ethnic
Disparities in the Juvenile Justice System Act of 2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Black, Indigenous, Hispanic, and other youth of color
are overrepresented in the juvenile justice system and receive
harsher consequences than White youth.
(2) Reducing reliance on incarceration and providing
evidence-based, trauma-informed, and linguistically and
culturally responsive support and services to youth who come in
contact with the juvenile justice system is a key goal of the
Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11101 et seq.).
(3) Addressing racial and ethnic disparities in the
juvenile justice system requires accurate data regarding youth
of color who come into contact with the juvenile justice
system, including data that can be disaggregated by race, and
ethnicity.
(4) Youth of color and their families with lived experience
interacting with the juvenile justice system can provide
important insight, analysis, and solutions regarding how to
recognize and address racial disparities in the juvenile
justice system.
SEC. 3. DEFINITION OF RACIAL AND ETHNIC DISPARITY.
(a) In General.--Section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is amended by
striking paragraph (41) and inserting the following:
``(41) the term `racial and ethnic disparity' means--
``(A) that Black, Indigenous, Hispanic, and other
youth of color are involved at a decision point in the
juvenile justice system at disproportionately higher
rates than White youth at that decision point;
``(B) that the percentage of Black, Indigenous,
Hispanic, and other youth of color at any decision
point is higher than the percentage of youth of color
in the general population;
``(C) that Black, Indigenous, Hispanic, and other
youth of color experience more severe outcomes at any
decision point than similarly situated White youth; or
``(D) that Black, Indigenous, Hispanic, and other
youth of color are detained and removed from their
homes when less restrictive alternatives would be more
effective;''.
(b) Technical and Conforming Amendment.--Section 251(a)(1)(B)(viii)
of the Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11161(a)(1)(B)(viii)) is amended by striking ``members of
minority groups'' and inserting ``Black, Indigenous, Hispanic, and
other youth of color''.
SEC. 4. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE
PLANS.
(a) In General.--Section 223(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11133(a)) is amended--
(1) in paragraph (3)(A)(v), by striking ``of someone'' and
inserting ``of a youth representative of the population in
detention and secure confinement'';
(2) in paragraph (7)(B)--
(A) in clause (viii), by striking ``and'' at the
end;
(B) by redesignating clause (ix) as clause (x); and
(C) by inserting after clause (viii) the following:
``(ix) a plan to implement systems for identifying
and recording youth data disaggregated by race and
ethnicity; and'';
(3) in paragraph (9)--
(A) in subparagraph (V), by striking ``and'' at the
end;
(B) in subparagraph (W), by adding ``and'' at the
end; and
(C) by inserting after subparagraph (W) the
following:
``(X) programs seeking to reduce racial and ethnic
disparities at any decision point, such as at the point
of arrest, referral to court, diversion, secure
detention, judicial waiver to adult criminal court,
case petitioning, delinquency finding or adjudication,
probation, or residential placement, including secure
confinement, including prevention, diversion, and
community supervision, and other programs that provide
linguistically and culturally responsive support and
services to youth;'';
(4) in paragraph (15)--
(A) in subparagraph (A), by inserting ``and youth
representative of the population in detention and
secure confinement who have been or are currently under
the jurisdiction of the juvenile justice system or, if
not feasible and in appropriate circumstances, parents
or guardians of a Black, Indigenous, Hispanic, or other
youth of color who has been or is currently under the
jurisdiction of the juvenile justice system'' after
``educational system'';
(B) in subparagraph (B) by striking ``and'' at the
end;
(C) in subparagraph (C), by adding ``and'' at the
end; and
(D) by adding at the end the following:
``(D) reporting on measurable progress on the work
plan described in subparagraph (C) for the prior
year;''; and
(5) in paragraph (22)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), adding ``and'' at the end;
and
(C) by adding at the end the following:
``(D) promote opportunity for community-based
providers serving youth in communities with higher than
average racial and ethnic disparities at any decision
point in the juvenile justice system in the State,
compared with other communities in the same State;''.
(b) Guidance for Collection of Data.--Section 223 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11133) is
amended by adding at the end the following:
``(h) Guidance for Collection of Data.--Not later than 1 year after
the date of enactment of the Reducing Racial and Ethnic Disparities in
the Juvenile Justice System Act of 2022, the Administrator shall, in
consultation with the United States Commission on Civil Rights and the
Director of the Census Bureau, develop guidance for States with respect
to a uniform standard for the collection and reporting of disaggregated
and cross-referenced data on race and ethnicity under this section to
assist States in implementing subsection (a)(15).''.
<all>