[Congressional Record Volume 142, Number 123 (Tuesday, September 10, 1996)]
[Senate]
[Pages S10194-S10201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 2062. A bill to amend the Juvenile Justice and Delinquency 
Prevention Act of 1974, and for other purposes; to the Committee on the 
Judiciary.


       juvenile justice and delinquency modernization act of 1996

  Mr. DOMENICI. Mr. President, noting that the occupant of the chair is 
the chairman of the subcommittee of jurisdiction of the Judiciary 
Committee and noting that he and others on that committee have been 
working diligently in an effort to modernize the Juvenile Justice Act 
which has been on the books for a long time and obviously is in need of 
modernization, I rise today to introduce a bill which I hope the 
subcommittee and the Committee of the Judiciary will take into 
consideration as they put together a modern bill. I choose to call my 
bill, which is comprehensive and is the result of some long work on my 
part and some hard work on the part of a number of people, the Juvenile 
Justice Modernization Act of 1996.
  Mr. President, I rise today to introduce the Juvenile Justice 
Modernization Act of 1996, a bill to change the focus of our Federal 
juvenile crime and delinquency prevention efforts. Simply put, the 
current Federal approach to juvenile crime is outdated, under-funded 
and ineffective. It fails to address today's increasingly violent 
juvenile offender, while simultaneously imposing unrealistic burdens on 
State and local governments.
  The nature of juvenile crime has changed substantially since Congress 
first enacted the Juvenile Justice and Delinquency Prevention Act over 
20 years ago. From 1985 to 1994, the teen homicide rate increased 172 
percent. Today, more kids use more drugs, have more guns and commit 
more violent crimes than ever before. Violent street gangs have begun 
to supply children with the sense of belonging once provided by the 
traditional family structure. The time has come for a greater Federal 
role in combating violent juvenile crime, but that new role should not 
tie the hands of State and local governments nor prevent them from 
implementing new and innovative solutions to this growing problem.
  In July, Senator Thompson, the chairman of the Judiciary Committee's 
Subcommittee on Youth Violence, and I held a hearing in my home State 
of New Mexico to address this issue. New Mexico faces many of the same 
problems as other States--rising youth violence, increased teen 
pregnancy rates, overburdened law enforcement, judicial and corrections 
systems and a lack of adequate funding for juvenile crime prevention 
and enforcement programs. In New Mexico alone, 43 percent of the 
juveniles in State correctional facilities had at least 10 prior 
referrals to the juvenile system, 75 percent have a history of 
committing violent crime, 80 percent have a history of gang 
involvement, 67 percent have been truant, dropped out or expelled from 
school, and 63 percent report weekly use of drugs or alcohol. Clearly 
my State, like most others, faces an enormous challenge.
  When we held our hearings, I proposed that we should increase Federal 
funding to allow States to implement better prevention programs and law 
enforcement and prosecution policies which reflect the changing nature 
of juvenile crime. This bill increases Federal juvenile justice funding 
from $160 to $500 million and creates two separate $250 million block 
grants for States.
  The first $250 million will be available to States in much the same 
manner as under the current Federal law. However, the bill eliminates 
two of the most burdensome mandates in Federal law and makes it easier 
for States to meet the remaining ones.
  However, we cannot simply throw money at the States and expect that 
the problem will go away. States must be willing to try new and 
innovative approaches and get tough on the most violent juvenile 
offenders. The second $250 million will fund incentive grants, 
available to States which enact certain juvenile justice reforms. Many 
of the suggested reforms in the bill came from ideas raised at the 
hearings we held in New Mexico. At those hearings, we heard from a wide 
variety of witnesses, and I want to tell you what they told us, because 
many of them had thoughtful criticisms and solutions to the problems 
States and localities face in dealing with juvenile crime.
  We heard from judges, who described to us the lack of respect many 
kids have for the justice system. Children are not born with a lack of 
respect for law and order, it is learned after numerous contacts with a 
criminal justice system that typically imposes no penalties until the 
child commits a heinous act of violence. As one judge so eloquently 
stated:

       The initial contact with the law is a very important event 
     in a young delinquent's life * * * when that contact occurs 
     and nothing of significance occurs, as the youth perceives 
     matters, that youth has turned a corner and formed an opinion 
     about the law enforcement community.

  The judges universally agreed that the No. 1 thing we need to do in 
our juvenile justice system is create a system of graduated sanctions, 
so that every delinquent act--no matter how small--has a sure, swift 
and substantial punishment. For quite some time, our juvenile courts 
have focused too heavily on rehabilitation and not

[[Page S10195]]

enough on punishment. We instead need balance--we need to use 
punishment as well as treatment to re-teach kids the difference between 
right and wrong.
  When confronted with certain penalties for bad acts, children respond 
and are less likely to re-offend in the future. This bill encourages 
States to implement graduated sanctions programs and provides them with 
the resources to do so.
  We also heard from director of the Children, Youth and Families 
Department in New Mexico, and the superintendent of the largest 
juvenile correctional facility in the State. While both noted the need 
to hold juveniles accountable for their actions, they also indicated 
the need to get parents involved in the process and to make sure that 
juveniles who are parents take responsibility for their children. 
According to one witness who has worked with delinquent kids for over 
20 years,

       Two decades ago, when kids were misbehaving or out of 
     control, [she] could talk to Mom and Dad about it. Now, 
     parents have become enablers rather than good role models who 
     set limits.

  My bill will encourage States to enact laws and pursue programs to 
strengthen families in order to prevent the next generation of kids 
from growing up without parents and without discipline. It will require 
juveniles who have children to take financial responsibility for them 
as a condition of their parole or probation. It also will encourage 
States to enact laws to impose civil liability on parents for the 
destructive acts of their children and will provide more money for 
prevention programs to give families a better chance to raise their 
children so that they never get into trouble.
  At our hearing, we also heard from educators and community leaders. 
They universally noted the need to keep kids in school, and to give 
them constructive things to do and positive role models to guide them. 
My bill will encourage States to adopt zero-tolerance truancy policies, 
enhanced mentoring programs and to increase the availability of 
educational and recreational programs that benefit all children. It 
also will encourage States to provide alternative classrooms and 
schools for delinquent kids, so that children who are expelled for 
disciplinary reasons are not simply forgotten and left out of the 
education system. The easiest way to ensure that children will become 
criminals is to expel them from school and deny them an education. 
Children deserve every opportunity to get an education, and my bill 
will encourage that.
  Finally, at our hearing we heard from the victims of violent juvenile 
crime. Their compelling stories convinced me of the need to change the 
way we currently treat the most violent juveniles. In my State, an 
innocent young girl was brutally attacked by a 15-year-old young man 
who stabbed her in the neck as part of his gang initiation. The attack 
left her paralyzed. In New Mexico, the maximum sentence the young man 
can receive is a little over 4 years in a juvenile facility. Here is 
what the 18-year-old victim said about our current juvenile justice 
system:

       The out-dated laws which exist in our legal system today 
     are nothing but a joke to juveniles. Our laws were meant for 
     juveniles who were committing crimes like truancy and 
     breaking curfews. They are not designed to deal with the 
     violent crimes that juveniles are committing today.

  For any Senator who has spoken to victims of juvenile crime in their 
State, I think this comment sums up the fear and frustration felt 
around the country. Our system protects violent juvenile criminals 
rather than protecting victims. Unless a kid commits murder, our system 
usually fails to hold him accountable for his actions. That must 
change, and this bill encourages States to adopt mandatory adult 
prosecution for juveniles over age 14 who commit serious violent 
crimes.
  The bill also protects victims in other ways--by giving States an 
incentive to adopt victims' rights legislation, to allow for open 
access to juvenile court proceedings, and to require adult records, 
including fingerprints and photographs, be kept for violent juveniles. 
Victims and their families should have access to court proceedings, the 
right to know when a criminal has been sentenced, when he will be 
released, and the public has a right to be protected from future 
violent acts through the imposition of adult sentences for adult 
crimes. If States adopt these suggested reforms, and I think that many 
States will, our streets will be safer and there will be fewer innocent 
victims of violent juvenile crime.
  Mr. President, I realize that we cannot change the juvenile justice 
system overnight. And I realize that this is for the most part, an 
issue which must be dealt with at the State and local level. But the 
Federal Government has a role to play and a responsibility to fulfill. 
That responsibility is to ensure that our streets are safe by giving 
States the resources and flexibility to implement new and innovative 
solutions to this very serious problem. My bill provides some 
suggestions on how we might do that.
  I realize that time is short in this Congress, but I really believe 
that we can no longer sweep this problem under the rug and act like the 
current approach actually works. Clearly, it does not. I hope that my 
colleagues will support my efforts along with the efforts of others, 
that we will give our input to the committees of jurisdiction and 
ultimately vote on the floor of the Senate to dramatically change the 
Federal Government's role as it pertains to youth offenders in the 
United States.

  In summary, we will repeal the following mandates found in the 
Juvenile Justice Act:
  Deinstitutionalization of status offenders, those juveniles who 
commit acts that are criminal if committed by a child but not criminal 
if done by an adult. We will remove youths from adult jails and 
lockups, and we will provide flexibility to States by changing the 
current law on ``sight and sound'' separation found in the Juvenile 
Justice Act into a broad principle: States must provide physical 
separation for incarcerated juveniles and adults, but not necessarily 
sight-and-sound separation, which has been such a burden and so 
expensive, in particular in rural and small town facilities in the 
United States. We need to provide for the sharing of staff in 
facilities, not require that there be separate staff in each instance.
  We make new findings and purposes for this entire section. Then, 
ultimately, we say that our States will receive incentive grants if 
they do the following three things:
  Implement graduated sanctions, whereby every juvenile offender 
receives punishment for every crime, no matter how small. Punishment 
should be of an increasing severity, based on the nature of the crime 
and if the juvenile is a repeat offender.
  Second, fingerprint and photography records to be kept for juveniles 
15 and under who commit felonies, and, finally, mandatory adult 
prosecution for juveniles 14 years and older who commit serious violent 
crimes.
  In addition to these three, without which the incentive grants will 
not be available, we provide a long list of actions that many think are 
required in our States if we are ever going to get a handle on this, 
and then ask the States, as their best practices, to adopt at least 
five of them. These reforms have been suggested by the very best people 
who are out there in the field struggling to do something about this 
very serious problem.
  Mr. President, I have a section-by-section analysis and an outline 
and short table of contents of the bill. I ask unanimous consent that 
they be printed in the Record and that the bill be printed in the 
Record.
  There being no objection, the material was orderd to be printed in 
the Record, as follows:

                                S. 2062

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Juvenile 
     Justice Modernization Act of 1996''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

                  TITLE I--REFORM OF EXISTING PROGRAMS

Sec. 101. Findings and purpose.
Sec. 102. Definitions.
Sec. 103. Youth violence reduction.
Sec. 104. Annual report.
Sec. 105. Block grants for State and local programs.
Sec. 106. Allocation.
Sec. 107. State plans.
Sec. 108. Repeals.

[[Page S10196]]

      TITLE II--INCENTIVE GRANTS FOR ACCOUNTABILITY-BASED REFORMS

Sec. 201. Incentive grants for accountability-based reforms.

                     TITLE III--GENERAL PROVISIONS

Sec. 301. Authorization of appropriations.
Sec. 302. Technical and conforming amendments.
Sec. 303. Effective date; applicability of amendments.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) the Nation's juvenile justice system is in trouble--
     facilities are dangerously overcrowded, field staff is 
     overworked, and a growing number of children are breaking the 
     law;
       (2) a redesigned juvenile corrections program for the next 
     century should be based on 4 principles--accountability for 
     offenders and their families, restitution for victims, 
     community-based prevention, and community involvement;
       (3) existing programs have not adequately responded to the 
     particular problems of juvenile delinquents in the 1990's;
       (4) State and local communities, which experience directly 
     the devastating failure of the juvenile justice system, do 
     not presently have sufficient resources to deal 
     comprehensively with the problems of juvenile crime and 
     delinquency;
       (5) limited State and local resources are being 
     unnecessarily wasted complying with overly technical Federal 
     requirements for ``sight and sound'' separation currently in 
     effect under the 1974 Act. Prohibiting the commingling of 
     adults and juvenile populations would achieve this important 
     purpose without imposing an undue burden on State and local 
     governments;
       (6) limited State and local resources are being 
     unnecessarily wasted complying with the overly restrictive 
     Federal mandate that no juveniles be detained or confined in 
     any jail or lockup for adults. This mandate is particularly 
     burdensome for rural communities;
       (7) the juvenile justice system should give additional 
     attention to the problem of juveniles who commit serious 
     crimes, with particular attention given to the area of 
     sentencing;
       (8) the term ``prevention'' in the context of this Act 
     means both ensuring that families have a greater chance to 
     raise their children so that those children do not engage in 
     criminal or delinquent activities, and preventing children 
     who have engaged in those activities from becoming 
     permanently entrenched in the juvenile justice system;
       (9) in 1992 alone, there were over 110,000 juvenile arrests 
     for violent crimes, and 16.64 times that number of juvenile 
     arrests for property and other crimes;
       (10) in 1994, males ages 14 through 24 constituted only 8 
     percent of the population but accounted for more than 25 
     percent of all homicide victims and nearly half of all 
     convicted murderers;
       (11) in a survey of 250 judges, 93 percent of those judges 
     stated that juvenile offenders should be fingerprinted, 85 
     percent stated that juvenile criminal records should be made 
     available to adult authorities, and 40 percent stated that 
     the minimum age for facing murder charges should be 14 or 15;
       (12) studies indicate that good parenting skills, including 
     normative development, monitoring, and discipline, clearly 
     affects whether children will become delinquent, and adequate 
     supervision of free-time activities, whereabouts, and peer 
     interaction is critical to ensure that children do not drift 
     into delinquency;
       (13) 20 years ago, less than half of our Nation's cities 
     reported gang activity, while a generation later, reasonable 
     estimates indicate that there are now more than 500,000 gang 
     members in more than 16,000 gangs on the streets of our 
     cities, and there were more than 580,000 gang crimes in 1993;
       (14) while the premise of adult corrections is that 
     incarceration prevents the offender from committing 
     additional crimes and punishes the offender by depriving the 
     offender of freedom, the premise of juvenile corrections and 
     this Act is that, unlike adults, children have a significant 
     potential to change and become productive, law-abiding 
     members of society if the juvenile justice system is premised 
     upon accountability, consistent imposition of sanctions and 
     graduated sanctions imposed so that every wrongful Act has a 
     penalty;
       (15) the high incidence of delinquency in the United States 
     today results in an enormous annual cost and an immeasurable 
     loss of human life, personal security, and wasted human 
     resources; and
       (16) juvenile delinquency constitutes a growing threat to 
     the national welfare, requiring immediate and comprehensive 
     action by the Federal Government to reduce and eliminate this 
     threat.
                  TITLE I--REFORM OF EXISTING PROGRAMS

     SEC. 101. FINDINGS AND PURPOSE.

       (a) Findings.--Section 101 of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5601) is 
     amended--
       (1) by striking subsection (a); and
       (2) in subsection (b)--
       (A) by striking ``(b)''; and
       (B) by striking ``Federal Government'' and inserting 
     ``Federal, State, and local governments''.
       (b) Purpose.--Section 102 of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5602) is 
     amended to read as follows:

     ``SEC. 102. PURPOSES.

       ``The purposes of this title and title II are--
       ``(1) to assist State and local governments in promoting 
     public safety by supporting juvenile delinquency prevention 
     and control activities;
       ``(2) to encourage and promote programs designed to keep in 
     school juvenile delinquents expelled or suspended for 
     disciplinary reasons;
       ``(3) to assist State and local governments in promoting 
     public safety by encouraging accountability through the 
     imposition of meaningful sanctions for acts of juvenile 
     delinquency;
       ``(4) to assist State and local governments in promoting 
     public safety by improving the extent, accuracy, availability 
     and usefulness of juvenile court and law enforcement records 
     and the openness of the juvenile justice system;
       ``(5) to assist State and local governments in promoting 
     public safety by encouraging the identification of violent 
     and hardcore juveniles and transferring such juveniles out of 
     the jurisdiction of the juvenile justice system and into the 
     jurisdiction of adult criminal court;
       ``(6) to assist State and local governments in promoting 
     public safety by providing resources to States to build or 
     expand juvenile detention facilities;
       ``(7) to provide for the evaluation of federally assisted 
     juvenile crime control programs, and training necessary for 
     the establishment and operation of such programs;
       ``(8) to ensure the dissemination of information regarding 
     juvenile crime control programs by providing a national 
     clearinghouse; and
       ``(9) to provide technical assistance to public and private 
     nonprofit juvenile justice and delinquency prevention 
     programs.''.

     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 (3), by inserting ``punishment,'' after 
     ``control,'';
       (2) in paragraph (22)(iii), by striking ``and'' at the end;
       (3) in paragraph (23), by striking the period at the end 
     and inserting a semicolon; and
       (4) by adding at the end the following new paragraphs:
       ``(24) the term `serious violent crime' means--
       ``(A) murder or nonnegligent manslaughter, or robbery; or
       ``(B) aggravated assault committed with the use of a 
     firearm, kidnaping, felony aggravated battery, assault with 
     intent to commit a serious violent crime, and vehicular 
     homicide committed while under the influence of an 
     intoxicating liquor or controlled substance; and
       ``(25) the term `serious habitual offender' means a 
     juvenile who meets one or more of the following criteria:
       ``(A) Arrest for a capital, life, or first degree 
     aggravated sexual offense.
       ``(B) Not less than 5 arrests, with 3 arrests chargeable as 
     felonies and at least 3 arrests occurring within the 
     preceding 12 months.
       ``(C) Not less than 10 arrests, with 2 arrests chargeable 
     as felonies and at least 3 arrests occurring within the 
     preceding 12 months.
       ``(D) Not less than 10 arrests, with 8 or more arrests for 
     misdemeanor crimes involving theft, assault, battery, 
     narcotics possession or distribution, or possession of 
     weapons, and at least 3 arrests occurring within the 
     preceding 12 months.''.

     SEC. 103. YOUTH VIOLENCE REDUCTION.

       (a) Office of Youth Violence Reduction.--Section 201 of the 
     Juvenile Justice and Delinquency Prevention Act of 1974 (42 
     U.S.C. 5611) is amended--
       (1) by striking ``Office of Juvenile Justice and 
     Delinquency Prevention'' and inserting ``Office of Youth 
     Violence Reduction''; and
       (2) by striking subsections (b) and (c) and inserting the 
     following:
       ``(b) Administrator.--The Office shall be headed by an 
     Administrator (hereafter in this title referred to as the 
     `Administrator') who--
       ``(1) shall--
       ``(A) be a career appointee (as that term is defined in 
     section 3132(a)(4) of title 5, United States Code) serving at 
     the pleasure of the Attorney General and having experience in 
     juvenile justice programs; and
       ``(B) report to the head of the Office of Justice Programs; 
     and
       ``(2) may prescribe regulations consistent with this Act to 
     award, administer, modify, extend, terminate, monitor, 
     evaluate, reject, or deny all grants and contracts from, and 
     applications for, funds made available under this title.''.
       (b) Concentration of Federal Efforts.--Section 204 of the 
     Juvenile Justice and Delinquency Prevention Act of 1974 (42 
     U.S.C. 5614) is amended--
       (1) in subsection (a)(1)--
       (A) in the first sentence, by inserting before 
     ``diversion'' the following: ``punishment'';
       (B) in the first sentence, by inserting before the period 
     the following: ``, and shall submit such plan to the 
     Congress''; and
       (C) by striking the second sentence;
       (2) in subsection (b)--
       (A) in paragraph (1), by adding ``and'' at the end; and
       (B) by striking paragraphs (2) through (7) and inserting 
     the following:
       ``(2) reduce duplication among Federal juvenile delinquency 
     programs and activities

[[Page S10197]]

     conducted by Federal departments and agencies.'';
       (3) by redesignating subsection (h) as subsection (f); and
       (4) by striking subsection (i).
       (c) Coordinating Council on Youth Violence Reduction.--
     Section 206 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5616) is amended--
       (1) in the section heading, by striking ``juvenile justice 
     and delinquency prevention'' and inserting ``youth violence 
     reduction''; and
       (2) by striking ``Justice and Delinquency Prevention'' each 
     place that term appears and inserting ``Youth Violence 
     Reduction''.

     SEC. 104. ANNUAL REPORT.

       Not later than 180 days after the end of a fiscal year, the 
     Administrator shall submit to the President, the Speaker of 
     the House of Representatives, the President pro tempore of 
     the Senate, and the Governor of each State a report that 
     contains the following with respect to such fiscal year:
       (1) Summary and analysis.--A detailed summary and analysis 
     of the most recent data available regarding the number of 
     juveniles taken into custody, the rate at which juveniles are 
     taken into custody, the number of repeat offenders, the 
     number of juveniles using weapons, the number of juvenile and 
     adults victims and the trends demonstrated by the data 
     required by subparagraphs (A), (B), and (C). Such summary and 
     analysis shall set out the information required by 
     subparagraphs (A), (B), (C), and (D) separately for juvenile 
     nonoffenders, juvenile status offenders, and other juvenile 
     offenders. Such summary and analysis shall separately address 
     with respect to each category of juveniles specified in the 
     preceding sentence--
       (A) the types of offenses with which the juveniles are 
     charged, data on serious violent crimes committed by 
     juveniles and data on serious habitual offenders;
       (B) the race and gender of the juveniles and their victims;
       (C) the ages of the juveniles and their victims;
       (D) the types of facilities used to hold the juveniles 
     (including juveniles treated as adults for purposes of 
     prosecution) in custody, including secure detention 
     facilities, secure correctional facilities, jails, and 
     lockups;
       (E) the number of juveniles who died while in custody and 
     the circumstances under which they died;
       (F) the educational status of juveniles, including 
     information relating to learning disabilities, failing 
     performance, grade retention, and dropping out of school;
       (G) the number of juveniles who are substance abusers; and
       (H) information on juveniles fathering or giving birth to 
     illegitimate children and whether these juveniles have 
     assumed financial responsibility for their children.
       (2) Activities funded.--A description of the activities for 
     which funds are expended under this part.
       (3) State compliance.--A description based on the most 
     recent data available of the extent to which each State 
     complies with section 223 and with the plan submitted under 
     such section by the State for such fiscal year.
       (4) Summary and explanation.--A summary of each program or 
     activity for which assistance is provided under part C or D, 
     an evaluation of the results of such program or activity, and 
     a determination of the feasibility and advisability of 
     replacing such program or activity in other locations.
       (5) Exemplary programs and practices.--A description of 
     selected exemplary delinquency prevention programs and 
     accountability based youth violence reduction practices.

     SEC. 105. BLOCK GRANTS FOR STATE AND LOCAL PROGRAMS.

       Section 221 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5631) is amended--
       (1) in subsection (a), by inserting before the period at 
     the end the following: ``, including initiatives for holding 
     juveniles accountable for any act for which they are 
     adjudicated delinquent, increasing public awareness of 
     juvenile proceedings, and improving the content, accuracy, 
     availability, and usefulness of juvenile court and law 
     enforcement records (including fingerprints and photographs) 
     and education programs such as funding for extended hours for 
     libraries and recreational programs which benefit all 
     juveniles'';
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Of amounts made available to carry out this part in 
     any fiscal year, $10,000,000 or 1 percent (whichever is 
     greater) may be used by the Administrator--
       ``(A) to establish and maintain a clearinghouse to 
     disseminate to the States information on juvenile delinquency 
     prevention, treatment, and control; and
       ``(B) to provide training and technical assistance to 
     States to improve the administration of the juvenile justice 
     system.''; and
       (B) in paragraph (2), by striking the last sentence.

     SEC. 106. ALLOCATION.

       Section 222 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5632) is amended to read as 
     follows:

     ``SEC. 222. ALLOCATION OF FUNDS.

       ``(a) Allocation and Distribution of Funds.--
       ``(1) In general.--Of the total amount made available to 
     carry out this part for each fiscal year, the Administrator 
     shall allocate to each State the sum of--
       ``(A) an amount that bears the same relation to one-third 
     of such total as the number of juveniles in the State bears 
     to the number of juveniles in all States;
       ``(B) an amount that bears the same relation to one-third 
     of such total as the number of juveniles from families with 
     incomes below the poverty line in the State bears to the 
     number of such juveniles in all States; and
       ``(C) an amount that bears the same relation to one-third 
     of such total as the average annual number of part 1 violent 
     crimes reported by the State to the Federal Bureau of 
     Investigation for the 3 most recent calendar years for which 
     such data are available, bears to the number of part 1 
     violent crimes reported by all States to the Federal Bureau 
     of Investigation for such years.
       ``(2) Minimum requirement.--Each State shall receive not 
     less than 0.35 percent of one-third of the total amount 
     appropriated to carry out this part for each fiscal year.
       ``(3) Unavailability of information.--For purposes of this 
     subsection, if data regarding the measures governing 
     allocation of funds under paragraphs (1) and (2) in any State 
     are unavailable or substantially inaccurate, the 
     Administrator and the State shall utilize the best available 
     comparable data for the purposes of allocation of any funds 
     under this part.
       ``(b) Availability.--Any amounts made available to carry 
     out this section shall remain available until expended.''.

     SEC. 107. 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) by striking the second sentence;
       (B) in paragraph (5) by striking ``, other than'' and all 
     that follows through ``section 222(d),''; and
       (C) by striking paragraph (14) and inserting the following:
       ``(14) provide assurances that, in each secure facility 
     located in the State (including any jail or lockup for 
     adults), there is no commingling in the same cell or 
     community room of, or any other regular contact between--
       ``(A) any juvenile detained or confined for any period of 
     time in that facility; and
       ``(B) any adult offender detained or confined for any 
     period of time in that facility.'';
       (D) by striking paragraphs (3), (8), (9), (10), (12), (13), 
     (15), (17), (18), (19), (24), and (25); and
       (E) by redesignating paragraphs (4), (5), (6), (7), (11), 
     (14), (16), (20), (21), (22), and (23) as paragraphs (3), 
     (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13), 
     respectively; and
       (2) by striking subsections (c) and (d).

     SEC. 108. REPEALS.

       The Juvenile Justice and Delinquency Prevention Act of 1974 
     (42 U.S.C. 5601 et seq.) is amended--
       (1) in title II--
       (A) by striking parts C, E, F, G, and H;
       (B) by striking part I, as added by Public Law 102-586; and
       (C) by amending the heading of part I, as in effect 
     immediately before the date of enactment of Public Law 102-
     586, to read as follows:

         ``Part E--General and Administrative Provisions''; and

       (2) by striking title V, as added by Public Law 102-586.
      TITLE II--INCENTIVE GRANTS FOR ACCOUNTABILITY-BASED REFORMS

     SEC. 201. INCENTIVE GRANTS FOR ACCOUNTABILITY-BASED REFORMS.

       Title II of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting 
     after part B the following:

      ``Part C--Incentive Grants for Accountability-Based Reforms

     ``SEC. 241. AUTHORIZATION OF GRANTS.

       ``The Administrator shall provide juvenile delinquent 
     accountability grants under section 242 to eligible States to 
     carry out the purposes of this title.

     ``SEC. 242. ACCOUNTABILITY-BASED INCENTIVE GRANTS.

       ``(a) Eligibility for Grant.--To be eligible to receive a 
     grant under section 241, a State shall submit to the 
     Administrator an application at such time, in such form, and 
     containing such assurances and information as the 
     Administrator may require by rule, including assurances 
     that the State has in effect (or will have in effect not 
     later than 1 year after the date on which the State 
     submits such application) laws, or has implemented (or 
     will implement not later than 1 year after the date on 
     which the State submits such application)--
       ``(1) policies and programs that ensure that juveniles who 
     commit an act after attaining 14 years of age that would be a 
     serious violent crime if committed by an adult are treated as 
     adults for purposes of prosecution;
       ``(2) graduated sanctions for juvenile offenders, ensuring 
     a sanction for every delinquent or criminal act, ensuring 
     that the sanction is of increasing severity based on the 
     nature of the act, and escalating the sanction with each 
     subsequent delinquent or criminal act; and
       ``(3) a system of records relating to any adjudication of 
     juveniles less than 15 years of age who are adjudicated 
     delinquent for conduct that if committed by an adult would

[[Page S10198]]

     constitute a serious violent crime. Such records shall be--
       ``(A) equivalent to the records that would be kept of 
     adults arrested for such conduct, including fingerprints and 
     photographs;
       ``(B) submitted to the Federal Bureau of Investigation in 
     the same manner as adult records are so submitted;
       ``(C) retained for a period of time that is equal to the 
     period of time records are retained for adults; and
       ``(D) available to law enforcement agencies, the courts, 
     and school officials (and such school officials shall be 
     subject to the same standards and penalties that law 
     enforcement and juvenile justice system employees are subject 
     to under Federal and State law, for handling and disclosing 
     such information).
       ``(b) Additional Amount Based on Accountability-Based Youth 
     Violence Reduction Practices.--A State that receives a grant 
     under subsection (a) is eligible to receive an additional 
     amount of funds added to such grant if such State 
     demonstrates that the State has in effect, or will have in 
     effect, not later than 1 year after the deadline established 
     by the Administrator for the submitting of applications under 
     subsection (a) for the fiscal year at issue, not less than 5 
     of the following practices:
       ``(1) Victims' rights.--Increased victims' rights, 
     including the right to a final conclusion free from 
     unreasonable delay, and the right to be notified of any 
     release or escape of an offender who committed a crime 
     against a particular victim.
       ``(2) Victim restitution.--Mandatory victim restitution.
       ``(3) Access to proceedings.--Public access to juvenile 
     court proceedings.
       ``(4) Parental responsibility.--Juvenile curfews and 
     parental civil liability for serious acts committed by 
     juveniles released to the custody of their parents by the 
     court.
       ``(5) Zero tolerance for deadbeat juvenile parents.--
     Require as condition of parole that--
       ``(A) juvenile offenders who are parents demonstrate 
     parental responsibility by working and paying child support; 
     and
       ``(B) juveniles attend and successfully complete school or 
     pursue vocational training.
       ``(6) Serious habitual offenders comprehensive action 
     program (shocap).--A multidisciplinary, interagency 
     management, information and monitoring system for the early 
     identification, control, supervision, and treatment of the 
     most serious juvenile offenders.
       ``(7) Community-wide partnerships.--Community-wide 
     partnerships involving county, municipal government, school 
     districts, appropriate State agencies, and nonprofit 
     organizations to administer a unified approach to juvenile 
     delinquency.
       ``(8) Zero tolerance for truancy.--School districts should 
     implement programs to curb truancy and implement certain and 
     swift punishments for truancy, including parental 
     notification of every absence, mandatory Saturday school 
     makeup sessions for truants or weekends in jail for truants 
     and denial of participation or attendance at extracurricular 
     activities by truants.
       ``(9) Alternative schooling.--A requirement that, as a 
     condition of receiving any State funding provided to school 
     districts in accordance with a formula allocation based on 
     the number of children enrolled in school in the school 
     district, each school district shall establish one or more 
     alternative schools or classrooms for juvenile offenders or 
     juveniles who are expelled or suspended for disciplinary 
     reasons and shall require that such juveniles attend the 
     alternative schools or classrooms. Any juvenile who refuses 
     to attend such alternative school or classroom shall be 
     immediately detained pending a hearing. If a student is 
     transferred from a regular school to an alternative school 
     for juvenile offenders or juveniles who are expelled or 
     suspended for disciplinary reasons such State funding 
     shall also be transferred to the alternative school.
       ``(10) Judicial jurisdiction.--A system under which 
     municipal and magistrate courts have--
       ``(A) jurisdiction over minor delinquency offenses such as 
     truancy, curfew violations, and vandalism; and
       ``(B) short term detention authority for habitual minor 
     delinquent behavior.
       ``(11) Elimination of certain ineffective penalties.--
     Eliminate `counsel and release' or `refer and release' as a 
     penalty for juveniles with respect to the second or 
     subsequent offense for which the juvenile is referred to a 
     juvenile probation officer.
       ``(12) Report back orders.--A system of `report back' 
     orders whenever juveniles are placed on probation, so that 
     after a period of time (not to exceed 2 months) the juvenile 
     appears before and advises the judge of the progress of the 
     juvenile in meeting certain goals.
       ``(13) Penalties for use of firearm.--Mandatory penalties 
     for the use of a firearm during a violent crime or a drug 
     felony.
       ``(14) Street gangs.--Make it illegal to engage in criminal 
     conduct as a member of a street gang and impose severe 
     penalties for terrorism by criminal street gangs.
       ``(15) Character counts.--Character education and training 
     for juvenile offenders.
       ``(16) Mentoring.--Mentoring programs for at-risk youth.
       ``(17) Drug courts and community-oriented policing 
     strategies.--Courts for juveniles charged with drug offenses 
     and community-oriented policing strategies.

     ``SEC. 243. FORMULAS FOR GRANTS.

       ``The amount made available for any fiscal year for grants 
     under section 241 shall be allocated among the States 
     proportionately on the basis of the number of residents of 
     such States who are less than 18 years of age, in accordance 
     with the following:
       ``(1) 50 percent shall be allocated among the States that 
     meet the requirements of section 242(a).
       ``(2) 50 percent shall be allocated among the States that 
     meet the requirements of subsections (a) and (b) of section 
     242.

     ``SEC. 244. ACCOUNTABILITY.

       ``A State that receives a grant under section 241 shall use 
     accounting, audit, and fiscal procedures that conform to 
     guidelines prescribed by the Administrator, and shall ensure 
     that any funds used to carry out section 241 shall represent 
     the best value for the State at the lowest possible cost and 
     employ the best available technology.

     ``SEC. 245. LIMITATION ON USE OF FUNDS.

       ``(a) Nonsupplanting Requirement.--Funds made available 
     under section 241 shall not be used to supplant State funds, 
     but shall be used to increase the amount of funds that would, 
     in the absence of Federal funds, be made available from State 
     sources.
       ``(b) Administrative and Related Costs.--Not more than 2 
     percent of the funds appropriated under section 291(c) for a 
     fiscal year shall be available to the Administrator for such 
     fiscal year for purposes of--
       ``(1) research and evaluation, including assessment of the 
     effect on public safety and other effects of the expansion of 
     correctional capacity and sentencing reforms implemented 
     pursuant to this part; and
       ``(2) technical assistance relating to the use of grants 
     made under section 241, and development and implementation of 
     policies, programs, and practices described in section 242.
       ``(c) Carryover of Appropriations.--Funds appropriated 
     under section 291(c) shall remain available until expended.
       ``(d) Matching Funds.--The Federal share of a grant 
     received under this part may not exceed 90 percent of the 
     costs of a proposal as described in an application approved 
     under this part.''.
                     TITLE III--GENERAL PROVISIONS

     SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

       Section 299 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671) is amended to read as 
     follows:

     ``SEC. 291. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Office of Youth Violence Reduction.--There are 
     authorized to be appropriated for each of fiscal years 1997, 
     1998, 1999, 2000, and 2001 such sums as may be necessary to 
     carry out part A.
       ``(b) Block Grants for State and Local Programs.--There is 
     authorized to be appropriated to carry out part B 
     $250,000,000 for each of fiscal years 1997, 1998, 1999, 
     2000, and 2001.
       ``(c) Incentive Grants for Accountability-Based Reforms.--
     There is authorized to be appropriated to carry out part C 
     $250,000,000 for each of fiscal years 1997, 1998, 1999, 2000, 
     and 2001.
       ``(d) Source of Appropriations.--Funds authorized by this 
     section to be appropriated may be appropriated from the 
     Violent Crime Reduction Trust Fund.''.

     SEC. 302. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Juvenile Justice and Delinquency Prevention Act of 
     1974.--The Juvenile Justice and Delinquency Prevention Act of 
     1974 (42 U.S.C. et seq.) is amended--
       (1) in part A, by striking the part designation and the 
     part heading and inserting the following:

                ``Office of Youth Violence Reduction'';

       (2) in section 217(a), by striking ``Office of Juvenile 
     Justice and Delinquency Prevention'' and inserting ``Office 
     of Youth Violence Reduction'';
       (3) in part B, in the part heading, by striking ``Federal 
     Assistance'' and inserting ``Block Grants'';
       (4) in section 222, by striking ``Office of Juvenile 
     Justice and Delinquency Prevention'' and inserting ``Office 
     of Youth Violence Reduction'';
       (5) in section 299A, by striking ``this Act'' each place 
     that term appears and inserting ``this title'';
       (6) by striking section 299C;
       (7) in section 299D--
       (A) in subsection (b), by striking ``Except as provided in 
     the second sentence of section 222(c), financial'' and 
     inserting ``Financial''; and
       (B) by striking subsection (d);
       (8) by redesignating sections 299A, 299B, and 299D as 
     sections 292, 293, and 294, respectively;
       (9) in section 385(c), by striking ``Office of Juvenile 
     Justice and Delinquency Prevention'' and inserting ``Office 
     of Youth Violence Reduction''; and
       (10) in section 403(2), by striking ``Office of Juvenile 
     Justice and Delinquency Prevention'' and inserting ``Office 
     of Youth Violence Reduction''.
       (b) Title 5.--Section 5315 of subchapter II of chapter 53 
     of title 5, United States Code, is amended by striking 
     ``Office of Juvenile Justice and Delinquency Prevention'' and 
     inserting ``Office of Youth Violence Reduction''.
       (c) Title 18.--Section 4351(b) of title 18, United States 
     Code, is amended by striking ``Office of Juvenile Justice and 
     Delinquency Prevention'' and inserting ``Office of Youth 
     Violence Reduction''.

[[Page S10199]]

       (d) Title 39.--Section 3220 of title 39, United States 
     Code, is amended by striking ``Office of Juvenile Justice and 
     Delinquency Prevention'' each place that term appears and 
     inserting ``Office of Youth Violence Reduction''.
       (e) Social Security Act.--Section 463(f) of the Social 
     Security Act (42 U.S.C. 663(f)) is amended by striking 
     ``Office of Juvenile Justice and Delinquency Prevention'' and 
     inserting ``Office of Youth Violence Reduction''.
       (f) Omnibus Crime Control and Safe Streets Act of 1968.--
     The Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended--
       (1) in section 102(a)(5), by striking ``Office of Juvenile 
     Justice and Delinquency Prevention'' and inserting ``Office 
     of Youth Violence Reduction'';
       (2) in section 801, by striking ``Office of Juvenile 
     Justice and Delinquency Prevention'' each place that term 
     appears and inserting ``Office of Youth Violence Reduction'';
       (3) in section 804, by striking ``Office of Juvenile 
     Justice and Delinquency Prevention'' each place that term 
     appears and inserting ``Office of Youth Violence Reduction'';
       (4) in section 805, by striking ``Office of Juvenile 
     Justice and Delinquency Prevention'' and inserting ``Office 
     of Youth Violence Reduction'';
       (5) in section 813, by striking ``Office of Juvenile 
     Justice and Delinquency Prevention'' and inserting ``Office 
     of Youth Violence Reduction'';
       (6) in section 1701(a), by striking ``Office of Juvenile 
     Justice and Delinquency Prevention'' and inserting ``Office 
     of Youth Violence Reduction''; and
       (7) in section 2501(a)(2), by striking ``Office of Juvenile 
     Justice and Delinquency Prevention'' and inserting ``Office 
     of Youth Violence Reduction''.
       (g) Victims of Child Abuse Act.--Sections 217 and 222 of 
     the Victims of Child Abuse Act (42 U.S.C. 13013, 13022) are 
     amended by striking ``Office of Juvenile Justice and 
     Delinquency Prevention'' each place that term appears and 
     inserting ``Office of Youth Violence Reduction''.
       (h) National Child Protection Act of 1993.--Section 2(f) of 
     the National Child Protection Act of 1993 (42 U.S.C. 5119(f)) 
     is amended by striking ``Office of Juvenile Justice and 
     Delinquency Prevention'' and inserting ``Office of Youth 
     Violence Reduction''.
       (i) Other References.--Any reference in any Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or relating to the Office of 
     Juvenile Justice and Delinquency Prevention established under 
     section 201 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974, as in effect on the day before the 
     date of enactment of this Act, shall be deemed to refer to 
     the Office of Youth Violence Reduction established under 
     section 201 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974, as amended by this Act.

     SEC. 303. EFFECTIVE DATE; APPLICABILITY OF AMENDMENTS.

       (a) Effective Date.--Except as provided in subsection (b), 
     this Act and the amendments made by this Act shall take 
     effect on the first day of the first fiscal year beginning 
     after the date of enactment of this Act.
       (b) Applicability of Amendments.--The amendments made by 
     this Act shall not apply with respect to any fiscal year 
     beginning before the effective date of this Act.
                                                                    ____


Juvenile Justice Modernization Act of 1996--Section-by-Section Analysis

       Section 1--Short title & table of contents.


         Title I--Reform of Existing Juvenile Justice Programs

       Section 101--Strikes the ``Findings'' in subsection (a) of 
     Section 101 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5601). Amends subparagraph 
     (b) of Section 101 to recognize the need for comprehensive 
     state, local and federal government action to combat juvenile 
     crime.
       Amends the ``Purposes'' in Section 102 of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
     5602) to recognize the new Act's focus on assisting State and 
     local governments' efforts to promote public safety by 
     supporting juvenile delinquency prevention and law 
     enforcement programs and to provide for the establishment, 
     operation and evaluation of federally assisted juvenile crime 
     programs.
       Section 102--Amends Section 103 of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5603) and adds 
     two new terms.
       For purposes of the Act, ``serious violent crime'' means 
     murder, nonnegligent manslaughter, forcible rape, robbery, 
     aggravated assault with a firearm, kidnaping, felony 
     aggravated battery, assault with the intent to commit a 
     serious violent crime, or vehicular homicide committed while 
     under the influence of an intoxicating liquor or controlled 
     substance.
       ``Serious habitual offender'' means a juvenile who meets 
     one or more of several criteria: (1) Arrest for a capital, 
     life or first degree aggravated sexual offense; (2) 5 or more 
     arrests, with 3 chargeable as felonies and at least 3 arrests 
     within the preceding 12 months; (3) 10 or more arrests, with 
     2 chargeable as felonies and at least 3 arrests in the 
     preceding 12 months; or (4) 10 or more arrests, with 8 or 
     more for misdemeanor crimes involving theft, battery, 
     narcotics possession or possession of weapons, with at least 
     3 arrests occurring within the preceding 12 months.
       Section 103--Amends Section 201 of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5611) and 
     renames the Office of Juvenile Justice and Delinquency 
     Prevention. OJJDP will be known as the ``Office of Youth 
     Violence Reduction.''
       Eliminates Presidential appointment for the Administrator 
     of the Office. Requires that the Administrator of the Office 
     be a career appointee with experience in juvenile justice 
     programs. The Administrator will report to the head of the 
     Office of Justice Programs and will continue to prescribe 
     regulations and administer grants awarded by the Office. 
     Eliminates the Deputy Administrator position.
       Amends Section 204 of the JJ&DP Act and requires the 
     Administrator to submit to Congress the plan for the 
     implementation of federal juvenile delinquency programs. 
     Eliminates requirement that the Administrator consult with 
     the Coordinating Council on Juvenile Justice and Delinquency 
     Prevention. Limits the Office's responsibilities to two: to 
     report to the President on all matters related to federal 
     juvenile justice programs and to reduce duplication of 
     federal juvenile justice programs and the activities of 
     federal departments and agencies.
       Renames the Coordinating Council on Juvenile Justice and 
     Delinquency Prevention as the ``Coordinating Council on Youth 
     Violence Reduction.''
       Amends Section 207 of the JJ&DP Act and requires the 
     Administrator to submit an annual report to the President, 
     Congress and the Governors of the 50 states which contains a 
     summary and analysis of juvenile crime and incarceration 
     data, as well as information on juvenile substance abuse and 
     the degree to which juvenile offenders have taken financial 
     responsibility for their children. The annual report also 
     must contain a description of activities funded under the 
     Act, an explanation of the extent to which states comply with 
     the requirements of Section 223, a summary and evaluation of 
     each program or activity for which assistance is provided, 
     and a list and description of selected exemplary delinquency 
     prevention programs and accountability-based youth violence 
     reduction practices.
       Section 104--Amends Section 221 of the JJ&DP Act to 
     authorize the Administrator to make grants to states for 
     initiatives with the additional purposes of holding juveniles 
     accountable for all delinquent acts, increasing public 
     awareness of juvenile proceedings, improving juvenile court 
     and law enforcement records, including fingerprints and 
     photographs and increasing the availability of education 
     programs which benefit all juveniles.
       Allows the Administrator to use the greater of one percent 
     of the funds made available under the Act or $10 million to 
     establish and maintain a clearinghouse to disseminate to 
     States information on juvenile delinquency, prevention, 
     treatment and control and to provide training and technical 
     assistance to States to improve their juvenile justice 
     systems.
       Section 105--Amends Section 222 of the JJ&DP Act and 
     creates a new formula for the allocation and distribution of 
     grants under Part B of the Act. $250 million available under 
     this section will be allocated based equally on the number of 
     juveniles in each state, the number of juveniles in the state 
     living below the poverty line and the violent crime rate of 
     the state.
       Maintains federal funding levels by requiring that each 
     state continue to receive 0.35 percent of one-third of the 
     funds appropriated to carry out the Act. Allows the 
     Administrator and states to use the best available comparable 
     data to determine eligibility under the formula. Eliminates 
     the requirement that states use 5 percent of grant money to 
     assist state advisory groups.
       Section 106--Amends Section 223 of the JJ&DP Act and 
     eliminates the requirement that states update their plans 
     annually to include new programs and challenge activities. 
     Eliminates the requirement that states form juvenile 
     justice advisory groups. Eliminates the requirement that 
     75 percent of funds be used for particular programs.
       Eliminates many of the mandates imposed upon states as 
     conditions of receiving federal funds, including 
     deinstitutionalization of status offenders and removal of 
     juveniles from adult jails and lock-ups. Requires that States 
     provide assurances that there is no commingling of or regular 
     contact between juvenile and adult offenders in the same cell 
     or community room in state facilities.
       Section 107--Repeals several parts in title II of the JJ&DP 
     Act. Eliminates the National Institute for Juvenile Justice 
     and Delinquency Prevention, Special Emphasis Prevention and 
     Treatment Programs, State Challenge Activities, Treatment for 
     Juvenile Offenders Who Are Victims of Child Abuse or Neglect, 
     Mentoring, Boot Camps and the White House Conference on 
     Juvenile Justice. Eliminates state incentive grants for local 
     delinquency prevention programs.


      Title II--Incentive Grants for Accountability-Based Reforms

       Section 201--Amends the JJ&DP Act by creating a new Part C. 
     Creates a new Section 241 authorizing the Administrator to 
     award $250 million in new incentive grants for states which 
     enact certain accountability-based reforms to their juvenile 
     justice systems. States must submit applications to the 
     Administrator certifying that the State has

[[Page S10200]]

     enacted or implemented (or will enact or implement within one 
     year) certain laws and policies which will improve the 
     State's juvenile justice system.
       Creates a new Section 242(a). States must enact the 
     following three reforms in order to receive 50 percent of the 
     funds available under Part C: (1) policies and programs to 
     ensure that juveniles age 14 or over who commit ``serious 
     violent crimes" are prosecuted as adults; (2) graduated 
     sanctions, ensuring a punishment for every delinquent or 
     criminal act, and ensuring that the sanctions are of 
     increasing severity for each subsequent offense; and (3) 
     require that adult records (including fingerprints and 
     photographs) be kept for juveniles under age 15 who commit 
     ``serious violent crimes.''
       Creates a new Section 242(b). In addition to the reforms 
     mentioned above, States must enact five of the following in 
     order to receive 100 percent of the funds available under 
     Part C: (1) victims' rights laws; (2) mandatory victim 
     restitution; (3) public access to juvenile court proceedings; 
     (4) juvenile curfews and civil parental responsibility laws 
     for serious acts committed by juveniles released to the 
     custody of their parents; (5) financial responsibility for 
     offspring and successful completion of school or vocational 
     training as a condition of parole or probation; (6) serious 
     habitual offender comprehensive action plans, a multi 
     disciplinary interagency system for the early identification, 
     control, monitoring, supervision and treatment of the most 
     serious juvenile offenders; (7) community-wide partnerships 
     involving county and municipal governments, school districts, 
     State agencies and private organizations to administer a 
     unified approach to juvenile justice; (8) zero tolerance for 
     truancy, including parental notification and mandatory make-
     up sessions for truants; (9) alternative schools 
     or classrooms for expelled or suspended juveniles; (10) 
     jurisdiction for municipal and magistrate courts over 
     minor delinquency offenses and short-term detention 
     authority for habitual minor delinquency behavior; (11) 
     expedited prosecution procedures and prompt resolution of 
     juvenile cases; (12) eliminate ``counsel and release'' or 
     ``refer and release'' as a penalty for second offenses for 
     which juveniles are referred to a juvenile probation 
     officer; (13) ``report back orders'' whereby juveniles on 
     probation appear before the court and advise the court of 
     their progress in meeting certain goals; (14) mandatory 
     penalties for the use of a firearm during a violent crime 
     or drug felony; (15) laws making it illegal to engage in 
     criminal conduct as a member of a street gang; (16) 
     character education and training; (17) mentoring programs 
     for at-risk youth; (18) courts for juveniles charged with 
     drug offenses and community-oriented policing strategies.
       Creates a new Section 243. Grants will be allocated 
     proportionately based on the number of residents in the State 
     under the age of 18, in accordance with the following: (1) 50 
     percent allocated among the States which meet the 
     requirements of Section 242(a); and (2) 50 percent among the 
     States which meet the requirements of Sections 242(a) and 
     242(b).
       Creates a new Section 244 requiring that States utilize 
     accounting, auditing and fiscal procedures prescribed by the 
     Administrator and that States ensure that funds used will 
     represent the best value for the State at the lowest cost and 
     employ the best available technology.
       Creates a new Section 245 prohibiting States from using 
     grants to supplant existing State juvenile justice funds. 
     Allows up to 2 percent of available funds be available to the 
     Administrator for research and evaluation projects, and 
     technical assistance. Appropriated funds will carry over and 
     remain available until expended. The Federal share of grant 
     received under Part C must not exceed 90 percent of the costs 
     of the submitted proposal.


                     Title III--General Provisions

       Section 301--Authorizes necessary funding through 2001 for 
     the Office of Youth Violence Reduction. Authorizes $250 
     million for each year through 2001 for Part B grants and $250 
     million for each year through 2001 for Part C grants. Allows 
     appropriation of funds from the Violent Crime Reduction Trust 
     Fund.
       Section 302--Technical and conforming amendments.
       Section 303--Sets the effective date of the Act as the 
     first day of the first fiscal year beginning after the date 
     of enactment.

               Outline of Domenici Juvenile Justice Bill


                       Title I--Grants to States

       1. New ``Findings'' and ``Purposes'' sections which discuss 
     the increase and changing nature of juvenile crime.
       2. Repeal the following mandates found in the current 
     Juvenile Justice Act:
       (a) deinstitutionalization of ``status'' offenders--those 
     juveniles who commit acts that are criminal if committed by a 
     child but not criminal if done by an adult;
       (b) remove youths from adult jails and lockups; and
       3. Provide flexibility to states by changing the current 
     law ``sight and sound'' mandate found in the Juvenile Justice 
     Act into a broad principle:
       (a) provide physical separation of incarcerated juveniles 
     and adults, but not necessarily sight and sound separation;
       (Need to allow for the sharing of staff and facilities. 
     Rural areas should be able to keep adults and juveniles in 
     the same facility so long as they are in separate cells.)
       Require states to provide assurances that they are adhering 
     to the principles.
       4. More money and more flexibility for states:


                                 Grants

       Replace Justice's OJJDP with a new office within DOJ's OJP. 
     Make the new Administrator a career person who serves at the 
     pleasure of the Attorney General.
       Increase funding from $150 million per year to $500 
     million.
       Use one-half ($250 million) for grants to the states for 
     prevention programs for juveniles and meeting requirements of 
     the incentive grants. Grants will be distributed 
     proportionately based on number of juveniles below age 18, 
     poverty and crime rates.
       States could use the money to continue to fund existing 
     programs, create their own new programs or to meet the 
     requirements for the second set of grants.
       Allow funds to be used for programs directed at all 
     juveniles not just ``at risk'' juveniles. For example, money 
     could be used to keep libraries and gyms open and staffed 
     after hours.
       No strings other than one mandate regarding minorities and 
     retaining one current mandate, as a ``principle.''
       States file an action plan with the Office of Juvenile 
     Crime Control and Delinquency Prevention.
       $250 million for new incentive-based grants for states 
     which enact certain reforms (much like Truth-in-Sentencing).
       Grants would be used for law enforcement.


                 three strings for the incentive grants

       States must certify to the Administrator that they have 
     enacted or will within one year enact laws to require that 
     they have implemented a system of:
       1. Graduated sanctions, whereby every juvenile offender 
     receives a punishment for every crime.
       The punishment should be of increasing severity based on 
     the nature of the crime and if the juvenile is a repeat 
     offender.
       2. Fingerprint and photograph records to be kept for 
     juveniles 15 and under who commit felonies.
       Records would be kept like adult records--submitted to the 
     FBI, available to law enforcement, courts and schools.
       For non-felony crimes, records would follow juvenile as 
     long as he/she is in the juvenile system. Whether to seal 
     records would be at the discretion of the judge, but would 
     always be available for law enforcement purposes.
       For felony crimes (regardless of whether tried as juvenile 
     or adult) records would follow juvenile into adulthood. There 
     would be no special rules allowing sealing of records just 
     because the offender is a juvenile.
       3. Mandatory adult prosecution for juveniles 14 or over who 
     commit a ``serious violent crimes.''
       ``Serious violent crimes'' are defined as murder, non-
     negligent manslaughter, forcible rape, robbery, aggravated 
     assault with a firearm, kidnaping, felony aggravated battery, 
     and vehicular homicide committed while under the influence of 
     an intoxicating liquor or controlled substance.
       States would also have to enact at least five of the 
     following juvenile justice ``best practices'' to receive the 
     additional funds:
       1. Provide for victims' rights including final conclusion 
     free from unreasonable delay and right to be notified of any 
     release or escape of an offender who committed a crime 
     against a particular victim.
       2. Mandatory victim restitution.
       3. Public access to juvenile court proceedings.
       4. Parental responsibility laws for serious acts committed 
     by juveniles released to their parents by the court and 
     juvenile curfews.
       5. Financial responsibility for offspring as condition for 
     parole.
       6. Serious habitual offenders comprehensive action program. 
     If you do the crime you do the time. Among other items, it 
     establishes a system for tracking the most serious juvenile 
     offenders
       7. Establish community-wide partnerships involving county, 
     municipal governments, school districts, appropriate state 
     agencies and non-profits to administer a unified approach 
     to delinquency.
       8. Zero tolerance for truancy. School districts should 
     implement programs to curb truancy and implement certain and 
     swift punishments for truancy. For example, parents should be 
     advised of every absence; schools should hold Saturday 
     ``make-up'' sessions or weekends in jail or denying extra 
     curricular activities to truants.
       9. Alternative schools or classrooms for expelled or 
     suspended juveniles. Expelled or suspended students should be 
     required to attend. Alternative schools should start earlier 
     and go later than regular school. Counseling, tutoring, 
     community service, and work oriented restitution would be 
     required during extra hours. Any juvenile who refuses to 
     attend alternative school would be subject to immediate 
     detention pending a hearing. Funding made available from the 
     state on a formula for each pupil should follow the child so 
     if the child is put into an alternative school, the state 
     funding should follow that student.
       10. Provide municipal and magistrate courts with 
     jurisdiction over minor delinquency offenses such as truancy, 
     curfew, motor vehicle violations and graffiti. Authorize 
     Municipal and Magistrate courts short term detention 
     authority in response to persistent minor delinquent 
     behavior.

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       11. Establish expedited procedures for prosecution and 
     prompt resolution of juvenile cases.
       12. Eliminate ``counsel and release'' or ``refer and 
     release'' as a penalty for a second or subsequent offense.
       13. Institute a system of ``report back'' orders whenever 
     juveniles are placed on probation so that after a period of 
     time (two months) the juvenile advises the judge of his/her 
     progress toward meeting certain goals.
       14. Mandatory penalties for the use of a firearm during a 
     violent crime or drug felony.
       15. Enact a state law making it illegal to engage in 
     criminal conduct as a member of a street gang and enact a 
     street terrorism act.
       16. Provide Character education and training, like 
     Character Counts.
       17. Establish mentoring programs for youth in trouble.
       18. Youth drug courts and community oriented policing 
     strategies targeted at juveniles.
  Mr. DOMENICI. Mr. President, I send the bill to the desk and ask that 
it be appropriately referred.
  The PRESIDING OFFICER. The bill will be received and referred.

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