[Congressional Record Volume 143, Number 59 (Thursday, May 8, 1997)]
[Senate]
[Pages S4217-S4226]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself, Mr. Ashcroft, Mr. Wyden and Mr. 
        Campbell):
  S. 718. A bill to amend the Juvenile Justice and Delinquency 
Prevention Act of 1974, and for other purposes; to the Committee on the 
Judiciary.


    THE JUVENILE CRIME CONTROL AND COMMUNITY PROTECTION ACT OF 1997

  Mr. DOMENICI. Mr. President, I rise today, with the Senator from 
Missouri, Senator Ashcroft, and the Senator from Oregon, Senator Wyden, 
to introduce the Juvenile Crime Control and Community Protection Act of 
1997. I don't think there is anything that is worrying the American 
people more than what is happening to the criminal justice system in 
their cities, their counties, and their States.
  Senator Ashcroft, a former attorney general from Missouri, knows a 
lot about these matters on a firsthand basis from having been there. I 
am hopeful he will arrive before the time expires to speak to one 
aspect of the bill, which we are introducing, and then I will, as soon 
as I can, yield to Senator Wyden for some of his observations.
  Last year, I had field hearings in New Mexico to hear the concerns 
and problems faced by all of the people affected by juvenile crime. We 
heard from the police, prosecutors, judges, social workers and, most 
important, Mr. President, as you well know, the victims who reside in 
our communities.
  The sentiments expressed at these hearings are the same ones felt by 
people all over this country: One, some juveniles are out of control 
and the juvenile justice system cannot cope with them; second, other 
children do not have enough constructive things to do to keep them from 
sliding into delinquency; third, the current system does little, if 
anything, to protect the public from senseless youth violence; and 
fourth, the current system has failed its victims.
  I want to tell my colleagues about an 18-year-old girl from New 
Mexico named Renee Garcia who was stabbed and left paralyzed by a 15-
year old gang member. The stabbing was part of that

[[Page S4218]]

gang's initiation ritual. The gang member later received only a 
sentence of 4 years in a juvenile facility. This is what Renee Garcia 
had to say about the current justice system as it applied to her and 
her family:

       The outdated laws which exist in our legal system today are 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

  Renee has made quite a recovery from her attack, and we are quite 
pleased that she is doing reasonably well in our community and in our 
State.
  The time has come, in my opinion, for the U.S. Government to be a 
better partner in a major American effort to improve the criminal 
juvenile justice system across this land. For many, it is well known, 
we have an adult juvenile system that developed over a long period of 
time, but we have a juvenile justice system that sort of evolved willy-
nilly. It has never reached the stature of the adult system. There are 
vagaries and much has been left to judges who are asked to respond to 
the young criminals in a way completely different than if they were 
adults.
  Some statutes were passed that made this response mandatory, and 
those statutes still exist today. Still today, in many States, you do 
not disclose to the public the name and detailed information about 
juvenile criminals who are committing adult crimes. Their fingerprints 
and their records are not part of law enforcement's ability to cope 
with repeated crime, committed over and over, from one State to another 
by some of these same teenage criminals.
  The Federal Government, in my opinion, should get involved. As we do 
this, however, we should expect the States to get tough on youth 
sentencing. We should reward States for enacting law enforcement and 
prosecutorial policies designed to take violent juvenile criminals off 
the streets.
  This bill makes some fundamental changes to the crime-fighting 
partnership which exists between the States and the Federal Government. 
It contains two important ideas: One, strict law enforcement and 
prosecution policies for the most violent offenders. We cannot tell the 
States they must do that, but in this bill, we set up a very 
significant grant program, part of which goes to States that do certain 
minimal things to improve their system. If they do not, they do not get 
that money. It goes to States that choose to modernize their system in 
accordance with a series of options that we have found are clearly 
necessary today.

  This approach is going to help States fight crime as well as prevent 
juveniles from entering the juvenile justice system in the first place. 
It makes important fundamental changes to the Federal juvenile justice 
system, and I am going to leave an explanation of how we change our 
Federal juvenile justice system and modernize it to the Senator from 
Missouri. It would be a shame if we tell the States to do things 
better, but we leave the prosecutions in the Federal juvenile justice 
system alone.
  The bill adopts an approach that I suggested last year as part of a 
juvenile justice bill. It authorizes--we do not have it appropriated 
yet--but we authorize $500 million to provide the States with two 
separate grant programs: One, with virtually no strings attached, based 
on a current State formula grant program; the second is a new incentive 
grant for States that enact what we call ``best practices'' to combat 
and prevent juvenile violence.
  This bill authorizes $300 million, divided into two $150 million 
pots, for a new grant program, the purpose of which is to encourage 
States to get tough and enact reforms to their juvenile justice 
systems.
  I am not going to proceed with each one, but I will just read off the 
suggested reforms that will comprise ``getting tough'' and ``best 
practices'':
  Victims' rights, including the right to be notified of the sentencing 
and release of the offender;
  Mandatory victim restitution;
  Public access to juvenile records;
  Parental responsibility laws for acts committed by juveniles released 
to their parents' custody;
  Zero tolerance for deadbeat juvenile parents, a requirement that 
juveniles released from custody attend school or vocational training 
and support their children;
  Zero tolerance for truancy;
  Character counts training, or similar programs adopted and enacted 
among the States;
  And mentoring.
  These programs are a combination of reforms which will positively 
impact victims, get tough on juvenile offenders, and provide states 
with resources to implement prevention programs to keep juveniles out 
of trouble in the first place.
  The bill also increases from around $68 million to $200 million the 
amount available to states under the current OJJDP grant program. It 
also eliminates many of the strings placed on states as a condition of 
receiving those grants.
  In my home state of New Mexico, juvenile arrests increased 84 percent 
from 1986 to last year.
  In 1996, 36,927 juveniles were referred to the state juvenile parole 
and probation office. Some 39 percent of those referred have a history 
of 10 or more referrals to the system.
  While the Justice Department has said that the overall juvenile crime 
rate in the United States dropped last year, states like New Mexico 
continue to see yearly increases in the number of juveniles arrested, 
prosecuted and incarcerated.
  I mention these numbers because they have led to a growing problem in 
my home State, a problem which this bill will help fix.
  More juvenile arrests create the need for more space to house 
juvenile criminals. But, because of burdensome federal ``sight and 
sound separation'' rules, New Mexico has been unable to implement a 
safe, reasonable solution to alleviate overcrowding at its juvenile 
facilities.
  Instead, the state has been forced to consider sending juvenile 
prisoners to Iowa and Texas to avoid violating the federal rules and 
losing their funding. That is unacceptable and this bill will fix that.
  Mr. President, I am pleased to work with the Senator from Missouri on 
this important legislation. I know that many of my colleagues share my 
concerns about the need to update our juvenile justice system. I hope 
that they will examine our bill and lend their support.
  I am going to stop here. I ask unanimous consent that the entire bill 
and a summary of the bill be printed in the Record, and that it be 
appropriately referred. It will bear the signatures today of Senator 
Ashcroft, Senator Wyden, and Senator Campbell as cosponsors.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 718

       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 
     Crime Control and Community Protection Act of 1997''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

                  TITLE I--REFORM OF EXISTING PROGRAMS

Sec. 101. Findings and purposes.
Sec. 102. Definitions.
Sec. 103. Office of Juvenile Justice and Delinquency Prevention.
Sec. 104. Annual report.
Sec. 105. Block grants for State and local programs.
Sec. 106. State plans.
Sec. 107. Repeals.

      TITLE II--INCENTIVE GRANTS FOR ACCOUNTABILITY-BASED REFORMS

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

          TITLE III--REFORM OF FEDERAL JUVENILE JUSTICE SYSTEM

Sec. 301. Juvenile adjudications considered in sentencing.
Sec. 302. Access to juvenile records.
Sec. 303. Referral of children with disabilities to juvenile and 
              criminal authorities.
Sec. 304. Limited disclosure of Federal Bureau of Investigation 
              records.
Sec. 305. Amendments to Federal Juvenile Delinquency Act.

                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Authorization of appropriations.

     SEC. 2. SEVERABILITY.

       If any provision of this Act, an amendment made by this 
     Act, or the application of such provision or amendment to any 
     person or

[[Page S4219]]

     circumstance is held to be unconstitutional, the remainder of 
     this Act, the amendments made by this Act, and the 
     application of the provisions of such to any person or 
     circumstance shall not be affected thereby.
                  TITLE I--REFORM OF EXISTING PROGRAMS

     SEC. 101. FINDINGS AND PURPOSES.

       (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 inserting the following:
       ``(a) Findings.--Congress finds that--
       ``(1) the Nation's juvenile justice system is in trouble, 
     including dangerously overcrowded facilities, overworked 
     field staff, and a growing number of children who are 
     breaking the law;
       ``(2) a redesigned juvenile corrections program for the 
     next century should be based on 4 principles, including--
       ``(A) protecting the community;
       ``(B) accountability for offenders and their families;
       ``(C) restitution for victims and the community; and
       ``(D) community-based prevention;
       ``(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 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, while 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, which 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) local school districts lack information necessary to 
     track serious violent juvenile offenders, information that is 
     essential to promoting safety in public schools;
       ``(9) the term `prevention' should mean 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 such 
     activities from becoming permanently entrenched in the 
     juvenile justice system;
       ``(10) in 1994, there were more than 330,000 juvenile 
     arrests for violent crimes, and between 1985 and 1994, the 
     number of juvenile criminal homicide cases increased by 144 
     percent, and the number of juvenile weapons cases increased 
     by 156 percent;
       ``(11) in 1994, males age 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;
       ``(12) 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;
       ``(13) studies indicate that good parenting skills, 
     including normative development, monitoring, and discipline, 
     clearly affect 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;
       ``(14) school officials lack the information necessary to 
     ensure that school environments are safe and conducive to 
     learning;
       ``(15) in the 1970's, less than half of our Nation's cities 
     reported gang activity, while 2 decades later, a nationwide 
     survey reported a total of 23,388 gangs and 664,906 gang 
     members on the streets of United States cities in 1995;
       ``(16) the high incidence of delinquency in the United 
     States results in an enormous annual cost and an immeasurable 
     loss of human life, personal security, and wasted human 
     resources; and
       ``(17) juvenile delinquency constitutes a growing threat to 
     the national welfare, requiring immediate and comprehensive 
     action by the Federal Government to reduce and eliminate the 
     threat.''; and
       (2) in subsection (b)--
       (A) by striking ``further''; and
       (B) by striking ``Federal Government'' and inserting 
     ``Federal, State, and local governments''.
       (b) Purposes.--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 give greater flexibility to schools to design 
     academic programs and educational services for 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 to the public;
       ``(5) to assist teachers and school officials in ensuring 
     school safety by improving their access to information 
     concerning juvenile offenders attending or intending to 
     enroll in their schools or school-related activities;
       ``(6) to assist State and local governments in promoting 
     public safety by encouraging the identification of violent 
     and hardcore juveniles and in transferring such juveniles out 
     of the jurisdiction of the juvenile justice system and into 
     the jurisdiction of adult criminal court;
       ``(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:
       ``(24) the term `serious violent crime' means--
       ``(A) murder or nonnegligent manslaughter, or robbery;
       ``(B) aggravated assault committed with the use of a 
     dangerous or deadly weapon, forcible rape, 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; or
       ``(C) a serious drug offense;
       ``(25) the term `serious drug offense' means an act or acts 
     which, if committed by an adult subject to Federal criminal 
     jurisdiction, would be punishable under section 401(b)(1)(A) 
     or 408 of the Controlled Substances Act (21 U.S.C. 
     841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Controlled 
     Substances Import and Export Act (21 U.S.C. 960(b)(1)(A)); 
     and
       ``(26) the term `serious habitual offender' means a 
     juvenile who--
       ``(A) has been adjudicated delinquent and subsequently 
     arrested for a capital offense, life offense, first degree 
     aggravated sexual offense, or serious drug offense;
       ``(B) has had not fewer than 5 arrests, with 3 arrests 
     chargeable as felonies if committed by an adult and not fewer 
     than 3 arrests occurring within the most recent 12-month 
     period;
       ``(C) has had not fewer than 10 arrests, with 2 arrests 
     chargeable as felonies if committed by an adult and not fewer 
     than 3 arrests occurring within the most recent 12-month 
     period; or
       ``(D) has had not fewer than 10 arrests, with 8 or more 
     arrests for misdemeanor crimes involving theft, assault, 
     battery, narcotics possession or distribution, or possession 
     of weapons, and not fewer than 3 arrests occurring within the 
     most recent 12-month period.''.

     SEC. 103. OFFICE OF JUVENILE JUSTICE AND DELINQUENCY 
                   PREVENTION.

       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) by striking ``shall develop'' and inserting the 
     following: ``shall--
       ``(A) develop'';
       (B) by inserting ``punishment,'' before ``diversion''; and
       (C) in the first sentence, by striking ``States'' and all 
     that follows through the end of the paragraph and inserting 
     the following: ``States; and
       ``(B) annually submit the plan required by subparagraph (A) 
     to the Congress.'';
       (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 conducted by Federal departments and 
     agencies.'';
       (3) by redesignating subsection (h) as subsection (f); and
       (4) by striking subsection (i).

     SEC. 104. ANNUAL REPORT.

       Section 207 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5617) is amended to read as 
     follows:

     ``SEC. 207. 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

[[Page S4220]]

     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 
     juvenile offenders, the number of juveniles using weapons, 
     the number of juvenile and adult victims of juvenile crime 
     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 
     children out of wedlock, and whether such 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 
     that section by the State for that 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.

       (a) Section 221.--Section 221 of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5631) is 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' before ``The Administrator'';
       (B) by inserting ``, including charitable and religious 
     organizations,'' after ``and private agencies'';
       (C) by inserting before the period at the end the 
     following: ``, including--
       ``(A) initiatives for holding juveniles accountable for any 
     act for which they are adjudicated delinquent;
       ``(B) increasing public awareness of juvenile proceedings;
       ``(C) improving the content, accuracy, availability, and 
     usefulness of juvenile court and law enforcement records 
     (including fingerprints and photographs); and
       ``(D) education programs such as funding for extended hours 
     for libraries and recreational programs which benefit all 
     juveniles''; and
       (D) by adding at the end the following:
       ``(2)(A) State and local governments receiving grants under 
     paragraph (1) may contract with religious organizations or 
     allow religious organizations to accept grants under any 
     program described in this title, on the same basis as any 
     other nongovernmental provider without impairing the 
     religious character of such organizations, and without 
     diminishing the religious freedom of beneficiaries of 
     assistance funded under such program.
       ``(B) A State or local government exercising its authority 
     to contract with private agencies or to allow private 
     agencies to accept grants under paragraph (1) shall ensure 
     that religious organizations are eligible, on the same basis 
     as any other private organization, as contractors to provide 
     assistance, or to accept grants under any program described 
     in this title so long as the programs are implemented 
     consistent with the Establishment Clause of the United States 
     Constitution. Neither the Federal Government nor a State or 
     local government receiving funds under such programs shall 
     discriminate against an organization which is or applies to 
     be a contractor to provide assistance, or which accepts 
     grants, on the basis that the organization has a religious 
     character.
       ``(C)(i) A religious organization that participates in a 
     program authorized by this title shall retain its 
     independence from Federal, State, and local governments, 
     including such organization's control over the definition, 
     development, practice, and expression of its religious 
     beliefs.
       ``(ii) Neither the Federal Government nor a State or local 
     government shall require a religious organization--
       ``(I) to alter its form of internal governance; or
       ``(II) to remove religious art, icons, scripture, or other 
     symbols,

     in order to be eligible to contract to provide assistance, or 
     to accept grants funded under a program described in this 
     title.
       ``(D) A religious organization's exemption provided under 
     section 702 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
     1a) regarding employment practices shall not be affected by 
     its participation in, or receipt of funds from, programs 
     described in this title.
       ``(E) If a juvenile has an objection to the religious 
     character of the organization or institution from which the 
     juvenile receives, or would receive, assistance funded under 
     any program described in this title, the State in which the 
     juvenile resides shall provide such juvenile (if otherwise 
     eligible for such assistance) within a reasonable period of 
     time after the date of such objection with assistance from an 
     alternative provider that is accessible to the juvenile and 
     the value of which is not less than the value of assistance 
     which the juvenile would have received from such 
     organization.
       ``(F) Except as otherwise provided in law, a religious 
     organization shall not discriminate against an individual in 
     regard to rendering assistance funded under any program 
     described in this title on the basis of religion, a religious 
     belief, or refusal to actively participate in a religious 
     practice.
       ``(G)(i) Except as provided in clause (ii), any religious 
     organization contracting to provide assistance funded under 
     any program described in this title shall be subject to the 
     same regulations as other contractors to account in accord 
     with generally accepted accounting principles for the use of 
     such funds provided under such programs.
       ``(ii) If such organization segregates Federal funds 
     provided under such programs into separate accounts, then 
     only the financial assistance provided with such funds shall 
     be subject to audit.
       ``(H) Any party that seeks to enforce its rights under this 
     section may assert a civil action for injunctive relief 
     exclusively in an appropriate Federal district court against 
     the official or government agency that allegedly commits such 
     violation.
       ``(I) No State or local government may use funds provided 
     under this title to fund sectarian worship, proselytization, 
     or prayer, or for any purpose other than the provision of 
     social services under this title.''; and
       (2) in subsection (b), 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.''.
       (b) Section 223.--Section 223(a)(10) of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
     5633(a)(10)) is amended--
       (1) by striking ``or through'' and inserting ``through''; 
     and
       (2) by inserting ``or through grants and contracts with 
     religious organizations in accordance with section 
     221(b)(2)(B)'' after ``agencies,''.

     SEC. 106. 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) by striking paragraph (3) and inserting the following:
       ``(3) provide for an advisory group, which--
       ``(A) shall--
       ``(i)(I) consist of such number of members deemed necessary 
     to carry out the responsibilities of the group and appointed 
     by the chief executive officer of the State; and
       ``(II) consist of a majority of members (including the 
     chairperson) who are not full-time employees of the Federal 
     Government, or a State or local government;
       ``(ii) include members who have training, experience, or 
     special knowledge concerning--

       ``(I) the prevention and treatment of juvenile delinquency;
       ``(II) the administration of juvenile justice, including 
     law enforcement; and
       ``(III) the representation of the interests of the victims 
     of violent juvenile crime and their families; and

       ``(iii) include as members at least 1 locally elected 
     official representing general purpose local government;
       ``(B) shall participate in the development and review of 
     the State's juvenile justice plan prior to submission to the 
     supervisory board for final action;
       ``(C) shall be afforded an opportunity to review and 
     comment, not later than 30 days after the submission to the 
     advisory group, on all juvenile justice and delinquency 
     prevention grants submitted to the State agency designated 
     under paragraph (1);
       ``(D) shall, consistent with this title--
       ``(i) advise the State agency designated under paragraph 
     (1) and its supervisory board; and

[[Page S4221]]

       ``(ii) submit to the chief executive officer and the 
     legislature of the State not less frequently than annually 
     recommendations regarding State compliance with this 
     subsection; and
       ``(E) may, consistent with this title--
       ``(i) advise on State supervisory board and local criminal 
     justice advisory board composition;
       ``(ii) review progress and accomplishments of projects 
     funded under the State plan; and
       ``(iii) contact and seek regular input from juveniles 
     currently under the jurisdiction of the juvenile justice 
     system;'';
       (C) in paragraph (10)--
       (i) in subparagraph (N), by striking ``and'' at the end;
       (ii) in subparagraph (O), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(P) programs implementing the practices described in 
     paragraphs (6) through (12) and (17) and (18) of section 
     242(b);'';
       (D) by striking paragraph (13) and inserting the following:
       ``(13) 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, sustained, physical 
     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.'';
       (E) by striking paragraphs (8), (9), (12), (14), (15), 
     (17), (18), (19), (24), and (25);
       (F) by redesignating paragraphs (10), (11), (13), (16), 
     (20), (21), (22), and (23) as paragraphs (8) through (15), 
     respectively;
       (G) in paragraph (14), as redesignated, by adding ``and'' 
     at the end; and
       (H) in paragraph (15), as redesignated, by striking the 
     semicolon at the end and inserting a period; and
       (2) by striking subsections (c) and (d).

     SEC. 107. 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 section 2(i)(1)(C) of 
     Public Law 102-586; and
       (C) by amending the heading of part I, as redesignated by 
     section 2(i)(1)(A) of Public Law 102-586, to read as follows:

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

       (2) by striking title V, as added by section 5(a) of 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 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 all 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, unless on a 
     case-by-case basis, as a matter of law or prosecutorial 
     discretion, the transfer of such juveniles for disposition in 
     the juvenile system is determined to be in the interest of 
     justice, except that the age of the juvenile alone shall not 
     be determinative of whether such transfer is in the interest 
     of justice;
       ``(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 
     constitute a serious violent crime, which records are--
       ``(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 in which adult records are submitted;
       ``(C) retained for a period of time that is equal to the 
     period of time that records are retained for adults; and
       ``(D) available to law enforcement agencies, prosecutors, 
     the courts, and school officials.
       ``(b) Standards for Handling and Disclosing Information.--
     School officials referred to in subsection (a)(3)(D) shall be 
     subject to the same standards and penalties to which law 
     enforcement and juvenile justice system employees are subject 
     under Federal and State law for handling and disclosing 
     information referred to in that paragraph.
       ``(c) 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 submission of applications under 
     subsection (a) for the fiscal year at issue, not fewer than 5 
     of the following practices:
       ``(1) Victims' rights.--Increased victims' rights, 
     including--
       ``(A) the right to be treated with fairness and with 
     respect for the dignity and privacy of the victim;
       ``(B) the right to be reasonably protected from the accused 
     offender;
       ``(C) the right to be notified of court proceedings; and
       ``(D) the right to information about the conviction, 
     sentencing, imprisonment, and release of the offender.
       ``(2) Restitution.--Mandatory victim and community 
     restitution, including statewide programs to reach 
     restitution collection levels of not less than 80 percent.
       ``(3) Access to proceedings.--Public access to juvenile 
     court delinquency proceedings.
       ``(4) Parental responsibility.--Juvenile nighttime 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.--A 
     requirement as conditions of parole that--
       ``(A) any juvenile offender who is a parent demonstrates 
     parental responsibility by working and paying child support; 
     and
       ``(B) the juvenile attends and successfully completes 
     school or pursues vocational training.
       ``(6) Serious habitual offenders comprehensive action 
     program (shocap).--
       ``(A) In general.--Implementation of a serious habitual 
     offender comprehensive action program which is a 
     multidisciplinary interagency case management and information 
     sharing system that enables the juvenile and criminal justice 
     system, schools, and social service agencies to make more 
     informed decisions regarding early identification, control, 
     supervision, and treatment of juveniles who repeatedly commit 
     serious delinquent or criminal acts.
       ``(B) Multidisciplinary agencies.--Establishment by units 
     of local government in the State under a program referred to 
     in subparagraph (A), of a multidisciplinary agency comprised 
     of representatives from--
       ``(i) law enforcement organizations;
       ``(ii) school districts;
       ``(iii) State's attorneys offices;
       ``(iv) court services;
       ``(v) State and county children and family services; and
       ``(vi) any additional organizations, groups, or agencies 
     deemed appropriate to accomplish the purposes described in 
     subparagraph (A), including--

       ``(I) juvenile detention centers;
       ``(II) mental and medical health agencies; and
       ``(III) the community at large.

       ``(C) Identification of serious habitual offenders.--Each 
     multidisciplinary agency established under subparagraph (B) 
     shall adopt, by a majority of its members, criteria to 
     identify individuals who are serious habitual offenders.
       ``(D) Interagency information sharing agreement.--
       ``(i) In general.--Each multidisciplinary agency 
     established under subparagraph (B) shall adopt, by a majority 
     of its members, an interagency information sharing agreement 
     to be signed by the chief executive officer of each 
     organization and agency represented in the multidisciplinary 
     agency.
       ``(ii) Disclosure of information.--The interagency 
     information sharing agreement shall require that--

       ``(I) all records pertaining to serious habitual offenders 
     shall be kept confidential to the extent required by State 
     law;
       ``(II) information in the records may be made available to 
     other staff from member organizations and agencies as 
     authorized by the multidisciplinary agency for the purposes 
     of promoting case management, community supervision, conduct 
     control, and tracking of the serious habitual offender for 
     the application and coordination of appropriate services; and
       ``(III) access to the information in the records shall be 
     limited to individuals who provide direct services to the 
     serious habitual offender or who provide community conduct 
     control and supervision to the serious habitual offender.

       ``(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.--Implementation by school 
     districts of programs to curb truancy and implement certain 
     and

[[Page S4222]]

     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.--
     Elimination of `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 when 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.--A prohibition on engaging in criminal 
     conduct as a member of a street gang and imposition of severe 
     penalties for terrorism by criminal street gangs.
       ``(15) Character counts.--Establishment of character 
     education and training for juvenile offenders.
       ``(16) Mentoring.--Establishment of mentoring programs for 
     at-risk youth.
       ``(17) Drug courts and community-oriented policing 
     strategies.--Establishment of courts for juveniles charged 
     with drug offenses and community-oriented policing 
     strategies.
       ``(18) Recordkeeping and fingerprinting.--Programs that 
     provide that, whenever a juvenile who has not achieved his or 
     her 14th birthday is adjudicated delinquent (as defined by 
     Federal or State law in a juvenile delinquency proceeding) 
     for conduct that, if committed by an adult, would constitute 
     a felony under Federal or State law, the State shall ensure 
     that a record is kept relating to the adjudication that is--
       ``(A) equivalent to the record that would be kept of an 
     adult conviction for such an offense;
       ``(B) retained for a period of time that is equal to the 
     period of time that records are kept for adult convictions;
       ``(C) made available to prosecutors, courts, and law 
     enforcement agencies of any jurisdiction upon request; and
       ``(D) made available to officials of a school, school 
     district, or postsecondary school where the individual who is 
     the subject of the juvenile record seeks, intends, or is 
     instructed to enroll, and that such officials are held liable 
     to the same standards and penalties that law enforcement and 
     juvenile justice system employees are held liable to, for 
     handling and disclosing such information.
       ``(19) Evaluation.--Establishment of a comprehensive 
     process for monitoring and evaluating the effectiveness of 
     State juvenile justice and delinquency prevention programs in 
     reducing juvenile crime and recidivism.
       ``(20) Boot camps.--Establishment of State boot camps with 
     an intensive restitution or work and community service 
     requirement as part of a system of graduated sanctions.

     ``SEC. 243. GRANT AMOUNTS.

       ``(a) Allocation and Distribution of Funds.--
       ``(1) Eligibility.--Of the total amount made available to 
     carry out Part C of this title for each fiscal year, subject 
     to subsection (b), each State shall be eligible to receive 
     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 be eligible to 
     receive not less than 3.5 percent of one-third of the total 
     amount appropriated to carry out Part C for each fiscal year, 
     except that the amount for which the Virgin Islands of the 
     United States, Guam, American Samoa, and the Commonwealth of 
     the Northern Mariana Islands is eligible shall be not less 
     than $100,000 and the amount for which Palau is eligible 
     shall be not less than $15,000.
       ``(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 section.
       ``(b) Allocated Amount.--The amount made available to carry 
     out Part C of this title for any fiscal year shall be 
     allocated among the States as follows:
       ``(1) 50 percent of the amount for which a State is 
     eligible under subsection (a) shall be allocated to that 
     State if it meets the requirements of section 242(a).
       ``(2) 50 percent of the amount for which a State is 
     eligible under subsection (a) shall be allocated to that 
     State if it meets the requirements of subsections (a) and (c) 
     of section 242.
       ``(c) Availability.--Any amounts made available under this 
     section to carry out Part C of this title shall remain 
     available until expended.''.

     ``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 299(a) 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 299(a) 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--REFORM OF FEDERAL JUVENILE JUSTICE SYSTEM

     SEC. 301. JUVENILE ADJUDICATIONS CONSIDERED IN SENTENCING.

       Pursuant to section 994 of title 28, United States Code, 
     the United States Sentencing Commission shall promulgate 
     guidelines or amend existing guidelines to provide that 
     offenses contained in the juvenile record of an adult 
     defendant shall be considered as adult offenses in sentencing 
     determinations if such juvenile offenses would have 
     constituted a felony had they been committed by the defendant 
     as an adult.

     SEC. 302. ACCESS TO JUVENILE RECORDS.

       Section 5038(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(7) inquiries from officials of a school, school 
     district, or any postsecondary school where the individual 
     who is the subject of the juvenile record seeks, intends, or 
     is instructed or ordered to enroll.''.

     SEC. 303. REFERRAL OF CHILDREN WITH DISABILITIES TO JUVENILE 
                   AND CRIMINAL AUTHORITIES.

       Section 615 of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1415) is amended by adding at the end the 
     following:
       ``(g) Referrals to Juvenile and Criminal Authorities.--
       ``(1) Reporting.--Nothing in this part shall be construed 
     to prohibit an agency from reporting a criminal act committed 
     by a child with a disability to the police or a juvenile 
     authority, or to prohibit a State juvenile or judicial 
     authority from exercising the responsibility of the authority 
     with regard to the application of a juvenile or criminal law 
     to a criminal activity committed by a child with a 
     disability.
       ``(2) Filing petitions.--Nothing in this part shall be 
     construed to require a State educational agency or local 
     educational agency to exhaust the due process procedures 
     under this section or any other part of this Act prior to 
     filing a petition in a juvenile or criminal court with regard 
     to a child with a disability who commits a criminal act at 
     school or a school-related event under the jurisdiction of 
     the State educational agency or local educational agency.''.

[[Page S4223]]

     SEC. 304. LIMITED DISCLOSURE OF FEDERAL BUREAU OF 
                   INVESTIGATION RECORDS.

       Section 534(e) of title 28, United States Code, is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3)(A) The Director of the Federal Bureau of 
     Investigation, Identification Division, shall provide, upon 
     request, the information received under paragraph (3) of 
     section 242(a) of the Juvenile Justice Delinquency and 
     Prevention Act of 1974, to officials of a school, school 
     district, or postsecondary school where the individual who is 
     the subject of such information seeks, intends, or is 
     instructed or ordered to enroll.
       ``(B) School officials receiving information under 
     subparagraph (A) shall be subject to the same standards and 
     penalties to which law enforcement and juvenile justice 
     system employees are subject under Federal and State law for 
     handling and disclosing information referred to in 
     subparagraph (A).''.

     SEC. 305. AMENDMENTS TO FEDERAL JUVENILE DELINQUENCY ACT.

       (a) Prosecution of Juveniles as Adults.--Section 5032 of 
     title 18, United States Code, is amended by inserting before 
     the first undesignated paragraph the following:
       ``Notwithstanding any other provision of law, a juvenile 
     defendant 14 years of age or older shall be prosecuted as an 
     adult, and this chapter shall not apply, if such juvenile is 
     charged with an offense that constitutes--
       ``(A) murder or attempted murder;
       ``(B) robbery while armed with a dangerous or deadly 
     weapon;
       ``(C) battery or assault while armed with a dangerous or 
     deadly weapon;
       ``(D) forcible rape;
       ``(E) any serious drug offense which, if committed by an 
     adult, would be punishable under section 401(b)(1)(A) or 408 
     of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 
     848) or section 1010(b)(1)(A) of the Controlled Substances 
     Import and Export Act (21 U.S.C. 960(b)(1)(A)); and
       ``(F) the third or subsequent occasion, unrelated to any 
     previous occasion, on which such juvenile engages in conduct 
     for which an adult could be imprisoned for a term exceeding 1 
     year, unless, on a case-by-case basis--
       ``(i) a court determines that trying such a juvenile as an 
     adult is not in the interest of justice, except that the age 
     of the juvenile alone shall not be determinative of whether 
     or not such action is in the interest of justice;
       ``(ii) the court records its reasons for making such a 
     determination in writing and makes such record available for 
     inspection by the public; and
       ``(iii) the court makes a record in writing of the 
     disposition of the juvenile in the juvenile justice system 
     available to the public, notwithstanding any other law 
     requiring such information to be withheld or limited in any 
     way from access by the public.''.
       (b) Amendments Concerning Records.--Section 5038 of title 
     18, United States Code, is amended--
       (1) by striking subsections (d) and (f);
       (2) by redesignating subsection (e) as subsection (d); and
       (3) by adding at the end the following:
       ``(e)(1) The court shall comply with the requirements of 
     paragraph (2) if--
       ``(A) a juvenile under 14 years of age has been found 
     guilty of committing an act which, if committed by an adult, 
     would be an offense described in the first undesignated 
     paragraph of section 5032; or
       ``(B) a juvenile, age 14 or older, is adjudicated 
     delinquent in a juvenile delinquency proceeding for conduct 
     which, if committed by an adult, would constitute a felony.
       ``(2) The requirements of this paragraph are that--
       ``(A) a record shall be kept relating to the adjudication 
     that is--
       ``(i) equivalent to the record that would be kept of an 
     adult conviction for such an offense;
       ``(ii) retained for a period of time that is equal to the 
     period of time that records are kept for adult convictions;
       ``(iii) made available to law enforcement agencies of any 
     jurisdiction;
       ``(iv) made available to officials of a school, school 
     district, or postsecondary school where the individual who is 
     the subject of the juvenile record seeks, intends, or is 
     instructed to enroll; and
       ``(v) made available, once the juvenile becomes an adult or 
     is tried as an adult, to any court having criminal 
     jurisdiction over such an individual for the purpose of 
     allowing such court to consider the individual's prior 
     juvenile history as a relevant factor in determining 
     appropriate punishment for the individual at the sentencing 
     hearing;
       ``(B) officials referred to in clause (iv) of subparagraph 
     (A) shall be held liable to the same standards and penalties 
     that law enforcement and juvenile justice system employees 
     are held liable to under Federal and State law for handling 
     and disclosing such information;
       ``(C) the juvenile shall be fingerprinted and photographed, 
     and the fingerprints and photograph shall be sent to the 
     Federal Bureau of Investigation, Identification Division, and 
     shall otherwise be made available to the same extent that 
     fingerprints and photographs of adults are made available; 
     and
       ``(D) the court in which the adjudication takes place shall 
     transmit to the Federal Bureau of Investigation, 
     Identification Division, information concerning the 
     adjudication, including the name, date of adjudication, 
     court, offenses, and disposition, along with a prominent 
     notation that the matter concerns a juvenile adjudication.
       ``(3) If a juvenile has been adjudicated to be delinquent 
     on 2 or more separate occasions based on conduct that would 
     be a felony if committed by an adult, the record of the 
     second and all subsequent adjudications shall be kept and 
     made available to the public to the same extent that a record 
     of an adult conviction is open to the public.''.
                      TITLE IV--GENERAL PROVISIONS

     SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

       Section 299 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671) is amended by 
     striking subsections (a) through (e) and inserting the 
     following:
       ``(a) Office of Juvenile Justice and Delinquency 
     Prevention.--There are authorized to be appropriated for each 
     of fiscal years 1998, 1999, 2000, 2001, and 2002, 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 $200,000,000 for each of fiscal 
     years 1998, 1999, 2000, 2001, and 2002, to carry out part B.
       ``(c) Incentive Grants for Accountability-Based Reforms.--
     There is authorized to be appropriated $300,000,000 for each 
     of fiscal years 1998, 1999, 2000, 2001, and 2002, to carry 
     out part C.
       ``(d) Source of Appropriations.--Funds authorized to be 
     appropriated by this section may be appropriated from the 
     Violent Crime Reduction Trust Fund.''.
                                  ____


    Summary of Domenici-Ashcroft-Wyden ``Juvenile Crime Control and 
                   Community Protection Act of 1997''

       Funding--$500 million authorization for juvenile justice 
     grants: $200 million for current OJJDP state formula grants 
     (increase of $113 million from $86.5 million in FY 1997); 
     $300 million for new incentive grants.
       To qualify for the first $150 million, states must enact 
     three reforms: (1) mandatory adult prosecution for juveniles 
     age 14 and over who commit serious violent crimes or serious 
     drug felonies; (2) graduated sanctions, so that every bad act 
     receives punishment; and (3) adult recordkeeping, including 
     fingerprints and photographs for juveniles under age 15 who 
     commit serious violent crimes.
       To qualify for the next $150 million, states must enact 5 
     of 20 suggested reforms.
       They include:
       1) Increased victims' rights, including notification of 
     release or escape of the offender who committed a crime 
     against a particular victim.
       2) Victim and community restitution.
       3) Public access to juvenile court delinquency proceedings.
       4) Nighttime curfews and parental responsibility laws, 
     holding parents civilly liable for the delinquent acts of 
     their children.
       5) Zero tolerance for deadbeat juvenile parents--require as 
     a condition of parole that juvenile parents pay child support 
     and attend school or vocational training.
       6) SHOCAP--interagency information sharing and monitoring 
     of the most serious juvenile offenders across the state.
       7) Zero tolerance for truancy--parental notification of 
     every absence, mandatory make-up sessions, and denial of 
     participation in extra-curriculars for habitual truants.
       8) Alternative schools and classrooms for expelled or 
     suspended students.
       9) Judicial jurisdiction for local magistrates over minor 
     delinquency offenses and short-term detention authority for 
     habitual delinquent behavior.
       10) Elimination of `counsel and release' as a penalty for 
     second or subsequent offenses.
       11) Report-back orders for juveniles on probation--must 
     appear before the sentencing judge and apprise the judge of 
     the juvenile's progress in meeting certain goals.
       12) Mandatory penalties for the use of a firearm during a 
     violent crime.
       13) Anti-gang legislation.
       14) Character Counts--character education and training.
       15) Mentoring.
       16) Drug courts, special courts or court sessions for 
     juveniles charged with drug offenses.
       17) Community-wide partnerships involving all levels of 
     state and local government to administer a unified approach 
     to juvenile justice.
       18) Adult recordkeeping for juveniles age 14 and under who 
     commit any felony under state law.
       19) Boot camps, which include an intensive restitution and/
     or community service component.
       20) Evaluation and monitoring of the effectiveness of State 
     juvenile justice and delinquency prevention programs reducing 
     crime and recidivism.
       Mandates--reforms or eliminates 3 of the most burdensome 
     federal mandates found in the 1974 Juvenile Justice and 
     Delinquency Prevention Act.
       Modifies mandatory sight and sound separation of juveniles 
     and adults in secure facilities by prohibiting ``regular, 
     sustained physical contact'' between juveniles and adults in 
     the same facility. States would provide assurances that there 
     will be no commingling or regular physical contact between 
     juveniles and adults in the same cell

[[Page S4224]]

     or community room. This will reduce costs for rural 
     communities, which often do not have a separate space to 
     house juveniles which meets the current strict sight and 
     sound requirement.
       Eliminates two other mandates: (1) prohibition on placing 
     juveniles in any adult jail or lock-up; and (2) prohibition 
     on placing ``status offenders'' in secure facilities.


                            federal reforms

       Adult prosecution. Requires mandatory adult prosecution for 
     juveniles age 14 or over for serious violent crimes and major 
     drug offenses. Also requires mandatory ``three strikes'' 
     adult prosecution for juveniles age 14 and over when a 
     juvenile commits a third offense chargeable as a felony. 
     Judge has discretion under the ``three strikes'' provision to 
     refuse to prosecute the juvenile as a adult if the 
     ``interests of justice'' determine that adult prosecution is 
     inappropriate.
       Adult records. Requires equivalent of an adult record for 
     juveniles under age 14 who commit serious violent crimes and 
     for juveniles over age 14 who commit acts chargeable as 
     felonies. Includes fingerprints and photographs.
       Access to juvenile records. Allows courts to consider 
     juvenile offenses when making adult sentencing decisions, if 
     juvenile offenses would have been felonies if committed by 
     adults. Gives school officials access to federal juvenile 
     records and FBI files, as long as confidentiality is 
     maintained.
       IDEA amendment. Overturns court decision prohibiting school 
     officials from unilaterally reporting to authorities or 
     filing petitions in juvenile or criminal courts with regard 
     to criminal acts at school committed by children covered by 
     the IDEA.

  Mr. DOMENICI. Mr. President, I yield to Senator Wyden at this time.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. WYDEN. Mr. President, I thank the Senator from New Mexico, and 
want him to know I very much appreciate the chance to join him and 
Senator Ashcroft on this bipartisan bill.
  Mr. President, I say to my colleagues, it is very clear that the 
juvenile justice system today in our country is very much like a 
revolving door. A young person can commit a violent crime, a series of 
violent crimes, be apprehended, visit the juvenile justice system--and 
that is really an appropriate characterization--and be back on the 
street virtually immediately. In fact, in our newspaper, the Oregonian, 
it was recently reported that a child committed 52 crimes, 32 of which 
were felonies, before the juvenile justice system took action to 
protect the community.
  I felt--and I think this is the focus of the legislation that the 
Senator from New Mexico, the Senator from Missouri and I bring to the 
floor today--that there should be three principles for the new juvenile 
justice system for the 21st century.
  The first ought to be community protection; the second should be 
accountability; and the third should be restitution. The principle of 
accountability is especially important with young people. I even see it 
with my own small kids, a 7-year-old and a 13-year-old. If they act up, 
there needs to be some consequences.
  I am particularly pleased that the legislation the Senator from New 
Mexico brings to the floor today puts a special focus on trying to deal 
with offenses perpetrated by young people that have not yet risen to 
that level of violent crime and, in effect, try to send a message to 
young people that there will be consequences.
  The last point that I will make, because I know time is short and we 
have much to do today, is that this legislation is particularly 
important in such areas as recordkeeping. We have found across the 
country that it has not even been possible to keep tabs on the violent 
juveniles, because there are so many gaps in the recordkeeping in the 
States. Both the Senator from New Mexico and the Senator from Missouri 
have done yeoman work in this regard.
  This is a balanced bill; it is a bipartisan bill. It moves to update 
the laws dealing with juveniles for the 21st century.
  I thank my friend from New Mexico and the Senator from Missouri for 
allowing me to be part of this bipartisan coalition. They included a 
number of provisions that are important to our State in the drafting 
that went on in the last week. I thank the Senator from New Mexico.
  Mr. DOMENICI. Mr. President, I ask unanimous consent that Senator 
Campbell be added as an original cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ASHCROFT. Mr. President, I am proud to join with the Senators 
Domenici and Wyden in introducing the Juvenile Crime Control and 
Community Protection Act of 1997 to reform the juvenile justice system 
in order to protect the public and hold juvenile offenders accountable 
for their actions.
  In 1994, juvenile courts handled an estimated 120,200 drug offense 
cases, a jump of 82 percent from 1991. Violent crime arrests among 
juveniles in 1995 was 12 percent higher than the level in 1991 and 67 
percent above the level in 1986.
  This year, Mr. President, it seems as though incidents of juvenile 
violence are occurring every day and everywhere.
  In Alton, IL, two teens were gunned down--one shot twice in the face 
and the other shot once in the back of the head when he turned to 
flee--by a 15-year-old of East St. Louis who had driven 30 miles to 
carry out the shooting.
  In Dayton, KY, a 15-year-old killed her 5-month-old son. She was 
given the maximum sentence--30 days of detention.
  In Montgomery County, MD, a 14-year-old girl along with three adults 
were arrested for two bank robberies in Silver Spring.
  In Boston, MA, three schoolgirls--two 14-year-olds and one 15-year-
old--were charged with putting knives to the throat or stomach of 
classmates and stealing their gold jewelry and lunch money.
  As these incidents demonstrate, the perpetrators of violence and 
their victims are getting younger. Similarly, gang activity is getting 
worse in our inner cities, suburbs, and rural communities. A 1995 
nationwide survey of law enforcement agencies reported a total of 
23,388 gangs, and 664,906 gang members in their jurisdiction. In 
comparison, a 1993 survey showed an estimated 4,881 gangs with 249,324 
gang members in the United States.
  The need for juvenile justice reform is clear, especially in light of 
the fact that probation was the sentence handed out for 56 percent of 
the 1992 juvenile court cases in which the juvenile was adjudicated 
delinquent whether the offense was a felony or misdemeanor in nature.
  Mr. President, this bill takes substantial steps toward addressing 
the problems of violent juvenile offenders and the prevalence of youth 
gangs. The Federal Government would assist State and local efforts in 
dealing with the epidemic of juvenile crime by helping target the most 
violent and problematic offenders.
  Mr. President, the Juvenile Crime Control and Community Protection 
Act of 1997 would provide $1.5 billion over 5 years in incentive grants 
to encourage and assist States in reforming their juvenile justice 
systems.
  States are encouraged to revise their laws to reflect three much-
needed reforms. First, juveniles age 14 or older who commit serious 
violent crimes--such as murder, forcible rape, aggravated assault, or 
serious drug offenses--should be tried as the adult criminals they are. 
By making sure that the punishment fits the seriousness of the crime, 
this proposal would deter juveniles who currently believe that the law 
cannot touch them.
  Second, the States are encouraged to ensure that records of juveniles 
under age 15, who are found to be delinquent regarding serious violent 
crimes and serious drug offenses, are maintained and made available to 
law enforcement agencies, including the Federal Bureau of 
Investigation, prosecutors, adult criminal courts, and appropriate 
school officials.
  Finally, the States are encouraged to establish graduated sanctions 
for juvenile offenders, ensuring a sanction for every delinquent or 
criminal act and that the sanctions increase in severity based on the 
nature of the act. The sanctions should also escalate with each 
subsequent delinquent or criminal act, and should include mandatory 
restitution to victims, longer sentences of confinement, or mandatory 
participation in community service.
  For States that enact such reforms, additional grant funds would be 
made available to implement at least 5 of 18 accountability-based 
practices including: record-keeping for juvenile criminals age 14 or 
older who commit offenses equivalent to an adult felony; increasing 
victims' rights concerning information about the conviction, 
sentencing, imprisonment, and release of their juvenile attackers; 
mandatory

[[Page S4225]]

restitution to victims of juvenile crimes; public access to juvenile 
court proceedings; parental responsibility laws; zero tolerance for 
deadbeat juvenile parents; implementation of a Serious Habitual 
Offenders Comprehensive Action Program [SHOCAP]--a comprehensive and 
cooperative information and case management process for police, 
prosecutors, schools, probation departments, corrections facilities, 
and social and community aftercare services; establishment of 
community-wide partnerships involving county, municipal government, 
school districts, and others to administrator a unified approach to 
juvenile delinquency; antitruancy initiatives; alternative schooling 
for juvenile offenders or juveniles who are expelled or suspended from 
school for disciplinary reasons; tougher penalties for criminal street 
gang crimes; and the establishment of penalties for juvenile offenders 
who use a firearm during a violent crime or a drug felony.
  The bill would provide $200 million in formula grants, a $130 million 
increase over the FY1997 level for each fiscal year, FY1998 through 
FY2002. Under current law, states and localities must comply with 
several mandates to be eligible for these funds. For example, states 
must currently ensure that (1) no status offender may be held in secure 
detention or confinement; (2) juveniles cannot be held in jails and law 
enforcement lockup in which adults may be detained or confined for any 
period of time; and (3) complete sight and sound separation of juvenile 
offenders from adult offenders in secure facilities.
  These mandates are costly and burdensome on state and local law 
enforcement efforts. For example, in February of this year, I visited 
with law enforcement and juvenile justice officials in Kirksville, MO, 
a rural community in Northeast Missouri, who told me about a problem 
that is all too common for rural communities. A deputy juvenile officer 
said that local law enforcement officers were able to apprehend four 
Missouri 15-year-olds who had brutally murdered a Iowa farm wife in 
October of 1994, and were even able to secure confessions to the 
murder. However, the Kirksville police could not detain the murderers 
because the Federal law prohibits juveniles from being held in jails in 
which adults may be detained and Kirksville did not have secure 
detention facilities.
  As a result, the teens had to be detained in other Missouri 
facilities. Two of the teen had to be transported to Boone County, MO--
100 miles from Kirksville--while the other two teens had to be taken to 
Union, MO, more than 200 miles away.
  The legislation introduced today would eliminate this absolute jail 
and lockup prohibition. If enacted, the Kirksvilles of our country 
would no longer have to bear additional costs in trying to find a 
completely separate facility in order to detain violent juvenile 
offenders.
  A thorough reform of juvenile justice systems must also include 
participation by our charitable and faith-based organizations. 
Government needs to rebuild civil society by fostering a partnership 
with charitable and faith-based organizations to promote civic virtues 
and individual responsibility.
  Govenrment needs to look beyond its bureaucratic, one-size-fits-all 
programs and give assistance to those groups toiling daily in our 
communities, often publicly unnoticed and virtually unaided by 
Government.
  For example, Teen challenge, which is headquartered in Missouri, 
receives little or no local, State, or Federal government financial 
assistance. Teen Challenge is a nonprofit, faith-based organization 
that works with youth, adults and families. Teen challenge has 16 
adolescent programs in several states, including Florida, Indiana, and 
New Mexico.
  Most of the juveniles in the program has drug or alcohol problems. A 
large number of the adolescents have been physically or sexually 
abused. Almost all of them had a major problem with rebelling against 
authority, according to a 1992 survey of Indianapolis Teen Challenge. 
Thirteen percent were court-ordered placements. This same study 
indicated that 70 percent of the graduates were abstaining from illegal 
drug use.
  Mr. President, this bill would amend the Juvenile Justice and 
Delinquency Prevention Act to allow states to conduct with, or make 
grants to, private, charitable and faith-based organizations to provide 
programs for at-risk and delinquent juveniles.
  Charitable and faith-based organizations have a proven track record 
of transforming shattered lives by addressing the deeper needs of 
people, by instilling hope and values which help change behavior and 
attitudes. Under this bill states would be allowed to enroll these 
organizations as full-fledged participants in caring for and supporting 
juveniles who are less fortunate.
  The bill also proposes reforms to the federal criminal justice system 
consistent with those it encourages those states to adopt. The 
legislation strengthens the federal law by requiring the adult 
prosecution of any juvenile age 14 or older who is alleged to have 
committed murder, attempted murder, robbery while armed with a 
dangerous or deadly weapon, assault or battery while armed with a 
dangerous weapon, forcible rape or a serious drug offense. Repeat 
juvenile offenders would also be subject to transfer to adult court, if 
they have 2 previous adjudications for offenses that would amount to a 
felony if committed by an adult.
  Juvenile criminals found delinquent in U.S. district courts of 
violent crimes would be fingerprinted and photographed, and then the 
fingerprints and photograph are sent to the FBI to be made available to 
the same extent as that of adult felons to law enforcement agencies, 
school officials, and courts for sentencing purposes.
  In addition, the bill would clearly express the intent of Congress 
with regard to special education students who commit criminal acts at 
school or school-related events. Earlier this year, the Sixth Circuit 
Court of Appeals, in Morgan v. Chris L., upheld the ruling of a 
district court that the Knox County Tennessee Public School violated 
the procedural requirements of the Individuals with Disabilities 
Education Act (IDEA) by in essence filing criminal charges against a 
student with a disability. IDEA provides grants to states and creates 
special due process procedures for children with disabilities.
  In this case, a student diagnosed as suffering from attention deficit 
hyperactivity disorder kicked a water pipe in the school lavatory until 
it burst--a crime against property--resulting in about $1,000 water 
damage. The Knox County School District filed a petition in juvenile 
court against the child. The disabled student's father filed for a due 
process hearing under the IDEA to review the filing of the petition in 
juvenile court by the school. The hearing officer ordered the school 
district to seek dismissal of its juvenile court petition and that 
decision by the hearing officer was upheld by the Federal District 
Court and the Sixth Circuit Court of Appeals.
  The Court of Appeals concluded that under ``IDEA's procedural 
safeguards, the school system must adopt its own plan and institute a 
[multi-disciplinary] team meeting before initiating a juvenile court 
petition.'' The problem with the circuit court's holding is that the 
special due process procedures for disabled students take several 
months, and sometimes a year, to complete. The practical effect of the 
ruling is that schools, as a matter of law, cannot unilaterally file 
charges against disabled students unless students' parents consent to 
such referrals. Schools must keep a student in school--potentially 
endangering others--and wait until the completion of the due process 
procedures required by IDEA.
  In addition to Tennessee, other States--such as Georgia, Ohio, 
Minnesota, Illinois, Michigan, Rhode Island, and New Hampshire--allow 
individuals, including school officials who witness students committing 
crimes at school, to file petitions in juvenile courts against the 
students. School officials should not be required to exhaust the IDEA's 
significant due process procedures before filing criminal juvenile 
petitions against students with disabilities.
  The ramifications of the sixth circuit's ruling have been immediate 
and troubling for school districts. Citing the ruling of the Chris L 
holding as authority, a Knox County, TN chancellor recently set aside 
the juvenile conviction of a high school special education student--
because he is deaf in his right ear--who brought a butterfly knife to

[[Page S4226]]

school. The chancellor court based its decision on the fact that the 
school had failed to convene a multidisciplinary team before referring 
the student with a disability to the juvenile court. The chancellor, 
when asked about his ruling, reportedly said, ``There's a serious 
question to whether or not a student under this IDEA program can be 
charged at all.''
  The bill we are introducing today would make it clear to the 
Tennessee chancellor and other courts that students with disabilities 
who commit criminal acts on school property are not shielded from 
immediate referral to juvenile court or law enforcement authorities 
under IDEA's special due process procedures. We must restore the 
capacity of schools to create secure environments where all students 
can learn and achieve their highest potential.
  Mr. President, this bill would assist State and local governments in 
increasing public safety by holding juvenile criminals accountable for 
their serious and violent crimes, by encouraging accountability through 
the imposition of meaningful sanctions for delinquent acts, and by 
improving the extent, accuracy, availability, and usefulness of 
juvenile criminal records and public accessibility to juvenile court 
proceedings.
  In short, Mr. President, enactment of the Juvenile Crime Control and 
Community Protection Act of 1997 would be a significant step in the 
right direction toward addressing America's juvenile crime problem.
  Mr. WYDEN. Mr. President, last month, I talked about the importance 
of the innovative ``Community Justice'' model for juvenile justice 
being developed in Deschutes County and Multnomah County, OR. Today, 
Senators Domenici and Ashcroft and I are introducing legislation that 
incorporates many important pieces of this Oregon model and also 
represents an effort to bring some new, bipartisan thinking to the 
issue of juvenile justice.
  Oregon's idea is that the juvenile justice system should weave the 
community into the very fabric of juvenile justice. This entails 
treating the victim as a customer of the juvenile justice system and 
realizing that when a crime is committed the whole community is the 
victim. There is a reciprocal obligation in communities--first, to give 
children the values and tools to ensure that youth crime is prevented 
and second, to look for at-risk children and try to form a net of 
services to keep these children from getting into trouble. However, 
once a young person steps over the line and commits a crime, part of 
the reciprocity involves the youth making the community whole through 
restitution and community service.
  I was pleased to work with Senators Domenici and Ashcroft to include 
some of these Oregon ideas into this bill. In particular, I think that 
the second tier of incentive grants will help encourage States to come 
up with ways to integrate the community into the juvenile justice 
process. In particular, the bill promotes consideration for victims and 
restitution for all crimes. It will also ensure that this restitution 
is collected. The legislation encourages States to look at mentorship 
programs, parent accountability, and ways to bring together service 
providers to form a network of information sharing to prevent juvenile 
crime.
  One of the key aspects of the Deschutes County model that is so 
impressive is the coordination between schools, juvenile justice 
services, child protection services, police, district attorneys, 
judges, and others. Not only does this build a broad base of support 
for the juvenile justice system, but it allows these agencies to 
identify the most at-risk youth early, to see whether efforts to divert 
them from delinquency are effective and to concentrate resources on 
them.
  When I began working on this issue in 1995, I laid out three 
principles for a new juvenile justice system: community protection, 
accountability, and restitution. We need to keep our streets safe, 
punish criminals, and make sure victims--including the community 
itself--are repaid. This legislation will encourage States to develop 
systems based on these principles and to add to the the important 
ingredient of community involvement in the juvenile justice system.
  I thank the Senators from Missouri and New Mexico for their 
bipartisan effort to develop juvenile justice legislation that takes a 
balanced approach to juvenile justice.
                                 ______