[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4398 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4398

To allow Juvenile Justice and Delinquency Prevention Program assistance 
    be used to reduce racial and ethnic disparities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2022

  Mr. Whitehouse (for himself, Ms. Warren, Mr. Markey, Mr. Brown, Mr. 
 Sanders, and Ms. Klobuchar) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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).''.
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