[Congressional Record Volume 145, Number 54 (Tuesday, April 20, 1999)]
[Senate]
[Pages S3925-S3930]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 838. A bill to amend the Juvenile Justice and Delinquency 
Prevention Act of 1974, and for other purposes; to the Committee on the 
Judiciary.


      juvenile crime control and community protection act of 1999

  Mr. DOMENICI. Mr. President, I rise today to introduce the ``Juvenile 
Crime Control and Community Protection Act of 1999.'' I believe that 
juvenile crime is one of the most important issues facing our nation 
today. It's one we should address in the 106th Congress.

  In recent years, I have held field hearings in my home state of New 
Mexico to hear the concerns and problems faced by all of the people 
affected by juvenile crime--the police, prosecutors, judges, social 
workers and most importantly--the victims who reside in our 
communities.
  I think that the sentiments expressed by most of my constituents at 
the hearing are the same ones felt by people all over the country:
  (1) many of our nation's youth are out of control;
  (2) other children and teenagers do not have enough constructive 
things to

[[Page S3926]]

do to keep them from falling into delinquent or criminal behavior;
  (3) the current system does very little, if anything, to protect the 
public from youth violence; and
  (4) the current system has failed victims.
  The time has come for a new federal role to assist the states with 
their efforts to get tough on violent young criminals.
  The federal government can play a larger role in punishing and 
preventing youth violence without tying the hands of state and local 
governments or preventing them from implementing innovative solutions 
to the problem.
  This new federal role should, however, expect states to get tough on 
youth violence and reward them for enacting law enforcement and 
prosecution policies designed to take violent juvenile criminals off of 
the street.
  With those goals in mind, the bill I introduce today makes some 
fundamental changes to the crime fighting partnership which exists 
between the states and the federal government.
  It combines strict law enforcement and prosecution policies for the 
most violent offenders with more federal resources--more than three 
times the amount available under current law--to help states fight 
crime and prevent juveniles from entering the justice system in the 
first place.
  This bill authorizes a total of $500 million to provide the states 
with two separate grant programs--one, with virtually no strings 
attached, based on the current state formula grants--and a second new 
incentive grant program for states which enact certain ``best 
practices'' to combat and prevent juvenile violence. I want to talk a 
little bit about each.
  The bill authorizes $300 million, divided into two $150 million pots, 
for a new grant program for states which enact certain ``get tough'' 
reforms to their juvenile justice systems. States will have access to 
the first $150 million if they enact three practices:
  (1) Mandatory adult prosecution for juveniles age 14 and older who 
commit certain serious violent crimes;
  (2) Graduated sanctions, so that every offense, no matter how small, 
receives some punishment; and
  (3) Adult records, including fingerprints and photographs, for 
juvenile criminals.
  States which implement these practices and enact another five of 20 
suggested reforms will be eligible to receive additional funds from the 
second $150 million. Some of these suggested reforms include:
  (1) Victims' rights, including the right to be notified of the 
sentencing and release of the offender;
  (2) Mandatory victim restitution;
  (3) Public access to juvenile proceedings;
  (4) Parental responsibility laws for acts committed by juveniles 
released to their parents' custody;
  (5) Zero tolerance for deadbeat juvenile parents--a requirement that 
juveniles released from custody attend school or vocational training 
and support their children;
  (6) Zero tolerance for truancy;
  (7) Character counts training programs; and
  (8) 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 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.
  While the Justice Department has said that the overall juvenile crime 
rate in the United States dropped again last year, the juvenile crime 
statistics also tell us that our young people are more violent than 
ever. In 1996 in my home state of New Mexico, there were 36,927 
referrals to the state juvenile parole and probation office. 39% of 
those referred have a history of 10 or more contacts with the justice 
system. The number of these referrals for VIOLENT offenses, including 
murder, robbery, assault and rape increased 64 percent from 1993 to 
1997.
  I mention these numbers not only because they make it clear that many 
of our children are more violent than ever, but also 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, juvenile crime is the number one concern in my state. 
From Albuquerque to Las Cruces, Roswell to Farmington, and in even 
smaller cities like Clovis and Silver City, I hear the same thing from 
my constituents: our children are out of control and we need help. This 
bill will provide that help, in a way which will preserve the 
traditional role state and local law enforcement authorities play in 
the fight against crime. More resources to get tough on violent 
offenders and provide youth with more constructive things to do to keep 
them out of trouble, with fewer strings from the federal government. 
That's what this bill will do, and I hope my colleagues will support my 
efforts to make this a priority issue for this Congress.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 838

       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 1999''.
       (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--GENERAL PROVISIONS

Sec. 301. 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 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;

[[Page S3927]]

       ``(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 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.

[[Page S3928]]

       ``(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.

       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''; and
       (B) 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
       (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.''.

     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 not less than 5 members 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
       ``(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 any juvenile detained or confined for any 
     period of time in that facility and any adult offender 
     detained or confined for any period of time in that facility, 
     except that this paragraph may not be construed to prohibit 
     the use of a community room or other common area of the 
     facility by such juveniles and adults at different times, or 
     to prohibit the use of the same staff for both juvenile and 
     adult inmates;'';
       (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;

[[Page S3929]]

       ``(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 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 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 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

[[Page S3930]]

     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 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--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 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 2000, 2001, 2002, 2003, and 2004, 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 2000, 2001, 2002, 2003, and 2004, 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 2000, 2001, 2002, 2003, and 2004, 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.''.
                                 ______