[Congressional Record Volume 154, Number 101 (Wednesday, June 18, 2008)]
[Senate]
[Pages S5761-S5768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Specter and Mr. Kohl):
  S. 3155. A bill to reauthorize and improve the Juvenile Justice and 
Delinquency Prevention Act of 1974, and for other puropses; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am pleased to join Senator Specter and 
Senator Kohl in introducing important legislation designed to protect 
our communities and particularly our most precious asset, our children, 
not only by keeping them safe and out of trouble, but also by helping 
to ensure they have the opportunity to become productive adult members 
of society. Senator Specter and Senator Kohl have been leaders in this 
area of the law for decades, and I am honored to work with them once 
again on such an important initiative. I thank Senator Kohl for sharing 
with me the responsibilities of chairing the Committee's hearing on 
this bill in December, and for working so hard to draft this 
legislation.
  The Juvenile Justice and Delinquency Prevention Act, JJDPA, sets out 
Federal policy and standards for the administration of juvenile justice 
in the states. It authorizes key Federal resources for states to 
improve their juvenile justice systems and for communities to develop 
programs to prevent young people from getting into trouble. With the 
reauthorization of this important legislation, we recommit to these 
important goals but also push the law forward in key ways to better 
serve our communities and our children.
  The basic goals of the Juvenile Justice and Delinquency Prevention 
Act remain the same: keeping our communities safe by reducing juvenile 
crime, promoting programs and policies that keep children out of the 
criminal justice system, and encouraging states to implement policies 
designed to steer those children who do enter the juvenile justice 
system back onto a track to become contributing members of society.
  The reauthorization of the JJDPA that we introduce today augments 
these goals in several ways. First, this bill encourages states to move 
away from keeping young people in adult jails. The Center for Disease 
Control and Prevention concluded late last year that children who are 
held in adult prisons commit more crimes, and more serious crimes, when 
they are released, than children with similar histories who are kept in 
juvenile facilities. After years of pressure to try more and more young 
people as adults and to send them to adult prisons, it is time to 
seriously consider the strong evidence that this policy is not working.
  We must do this with ample consideration for the fiscal constraints 
on states, particularly in these lean budget times, and with ample 
deference to the traditional role of states in setting their own 
criminal justice policy. We have done so here. But we also must work to 
ensure that unless strong and considered reasons dictate otherwise, the 
presumption must be that children will be kept with other children, 
particularly before they have been convicted of any wrongdoing.
  As a former prosecutor, I know well the importance of holding 
criminals accountable for their crimes with strong sentences. But when 
we are talking about children, we must also think about how best to 
help them become responsible, contributing members of society as 
adults. That keeps us all safer.
  I am disturbed that children from minority communities continue to be 
overrepresented in the juvenile justice system. This bill encourages 
states to take new steps to identify the reasons for this serious and 
continuing problem and to work together with the Federal government and 
with local communities to find ways to start solving it.
  I am also concerned that too many runaway and homeless young people 
are locked up for so-called status offenses, like truancy, without 
having committed any crime. In a Judiciary Committee hearing earlier 
this year on the reauthorization of the Runaway and Homeless Youth Act, 
I was amazed by the plight of this vulnerable population, even in the 
wealthiest country in the world, and inspired by their ability to rise 
above that adversity. The Runaway and Homeless Youth Act seeks to 
provide necessary services to vulnerable young people.
  Complementing that effort, this reauthorization of the JJDPA takes 
strong and significant steps to move states away from detaining 
children from at-risk populations for status offenses. This bill 
requires rigorous new procedures before a state can detain a status 
offender, and strictly limits the time they may be detained. This 
provision was drafted with the limited resources of states in mind, 
deference to judicial discretion, and the need to keep children safe 
when no other appropriate placement is available, but it aims to move 
states decisively in the direction of ending the practice of detaining 
status offenders, as some states already have.
  As I have worked with experts on this legislation, it has become 
abundantly clear that mental health and drug treatment are fundamental 
to making real progress toward keeping juvenile offenders from 
recidivism. Mental disorders are two to three times more common among 
children in the juvenile justice system than in the general population, 
and fully eighty percent of young people in the juvenile justice system 
have been found by some studies to have a connection to substance 
abuse. Often these young people face coexisting mental health and drug 
problems. This bill takes new and important steps to prioritize and 
fund mental health and drug treatment.
  The bill tackles several other key facets of juvenile justice reform. 
It emphasizes effective training of personnel who work with young 
people in the juvenile justice system, both to encourage the use of 
approaches that have been proven effective and to eliminate cruel and 
unnecessary treatment of juveniles. It also creates incentives for the 
use of programs that research and testing have shown to work best.
  Finally, the bill refocuses attention on prevention programs intended 
to keep children from ever entering the criminal justice system. I was 
struck when Chief Richard Miranda of Tucson,

[[Page S5762]]

Arizona, said at our December hearing on this bill that we cannot 
arrest our way out of the problem. I heard the same sentiment from 
Chief Anthony Bossi and others at the Judiciary Committee's field 
hearing on young people and violent crime in Rutland, Vermont, earlier 
this year. When seasoned police officers from Rutland, Vermont, to 
Tucson, Arizona, tell me that prevention programs are pivotal, I pay 
attention.
  Just as this administration and recent Republican Congresses have 
gutted programs that support state and local law enforcement, so they 
have consistently cut and narrowed effective prevention programs, 
creating a dangerous vacuum. We need to reverse this trend and help our 
communities implement programs proven to help kids turn their lives 
around.
  I have long supported a strong Federal commitment to preventing youth 
violence, and I have worked hard on past reauthorizations of this 
legislation, as have Senators Specter and Kohl and others on the 
Judiciary Committee. We have learned the importance of balancing strong 
law enforcement with effective prevention programs. This 
reauthorization pushes forward new ways to help children move out of 
the criminal justice system, return to school, and become responsible, 
hard-working members of our communities.
  I thank the many prominent Vermont representatives of law 
enforcement, the juvenile justice system, and prevention-oriented non-
profits who have spoken to me in support of reauthorizing this 
important Act and who have helped inform my understanding of these 
issues. They include Ken Schatz of the Burlington City Attorney's 
Office, Vermont Juvenile Justice Specialist Theresa Lay-Sleeper, and 
Chief Steve McQueen of the Winooski Police Department. I know that many 
of my colleagues on the Committee have heard from passionate leaders on 
this issue in their own states.
  These are difficult issues. We all care deeply about the well-being 
of our children and our communities, but we will not always agree 
completely on the best way to address the problems that keep too many 
of our young people ensnared in the justice system. After months of 
research and discussions, Senator Kohl, Senator Specter, and I believe 
we have found a way forward toward creating a system that will work 
more effectively to protect our young people. I hope all Senators will 
support this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text was ordered to be printed in the 
Record, as follows:

                                S. 3155

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Juvenile Justice and 
     Delinquency Prevention Reauthorization Act of 2008''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

              TITLE I--FINDINGS AND DECLARATION OF PURPOSE

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.

         TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

Sec. 201. Concentration of Federal efforts.
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency 
              Prevention.
Sec. 203. Annual report.
Sec. 204. Allocation of funds.
Sec. 205. State plans.
Sec. 206. Authority to make grants.
Sec. 207. Research and evaluation; statistical analyses; information 
              dissemination.
Sec. 208. Training and technical assistance.
Sec. 209. Incentive grants for State and local programs.
Sec. 210. Authorization of appropriations.
Sec. 211. Administrative authority.
Sec. 212. Technical and conforming amendments.

 TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

Sec. 301. Definitions.
Sec. 302. Grants for delinquency prevention programs.
Sec. 303. Authorization of appropriations.
Sec. 304. Technical and conforming amendment.

              TITLE I--FINDINGS AND DECLARATION OF PURPOSE

     SEC. 101. FINDINGS.

       Section 101 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5601) is amended to read as 
     follows:

     ``SEC. 101. FINDINGS.

       ``Congress finds the following:
       ``(1) A growing body of adolescent development research 
     supports the use of developmentally appropriate services and 
     sanctions for youth in the juvenile justice system and those 
     at risk for delinquent behavior to help prevent youth crime 
     and to successfully intervene with youth who have already 
     entered the system.
       ``(2) Research has shown that targeted investments to 
     redirect offending juveniles onto a different path are cost 
     effective and can help reduce juvenile recidivism and adult 
     crime.
       ``(3) Minorities are disproportionately represented in the 
     juvenile justice system.
       ``(4) Between 1990 and 2004, the number of youth in adult 
     jails increased by 208 percent.
       ``(5) Every day in the United States, an average of 7,500 
     youth are incarcerated in adult jails.
       ``(6) Youth who have been previously tried as adults are, 
     on average, 34 percent more likely to commit crimes than 
     youth retained in the juvenile justice system.
       ``(7) Research has shown that every dollar spent on 
     evidence based programs can yield up to $13 in cost savings.
       ``(8) Each child prevented from engaging in repeat criminal 
     offenses can save the community $1,700,000 to $3,400,000.
       ``(9) Youth are 19 times more likely to commit suicide in 
     jail than youth in the general population and 36 times more 
     likely to commit suicide in an adult jail than in a juvenile 
     detention facility.
       ``(10) Seventy percent of youth in detention are held for 
     nonviolent charges, and more than \2/3\ are charged with 
     property offenses, public order offenses, technical probation 
     violations, or status offenses, such as truancy, running 
     away, or breaking curfew.
       ``(11) The prevalence of mental disorders among youth in 
     juvenile justice systems is 2 to 3 times higher than among 
     youth in the general population.
       ``(12) Eighty percent of juveniles in juvenile justice 
     systems have a nexus to substance abuse.
       ``(13) The proportion of girls entering the justice system 
     has increased steadily over the past several decades, rising 
     from 20 percent in 1980 to 29 percent in 2003.''.

     SEC. 102. PURPOSES.

       Section 102 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5602) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) to support a continuum of programs (including 
     delinquency prevention, intervention, mental health and 
     substance abuse treatment, and aftercare) to address the 
     needs of at-risk youth and youth who come into contact with 
     the justice system.''.

     SEC. 103. DEFINITIONS.

       Section 103 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5603) is amended--
       (1) by amending paragraph (18) to read as follows:
       ``(18) the term `Indian tribe' has the meaning given that 
     term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b);'';
       (2) in paragraph (22), by striking ``or confine adults'' 
     and all that follows and inserting ``or confine adult 
     inmates;'';
       (3) by amending paragraph (26) to read as follows:
       ``(26) the term `adult inmate'--
       ``(A) means an individual who--
       ``(i) has reached the age of full criminal responsibility 
     under applicable State law; and
       ``(ii) has been arrested and is in custody for or awaiting 
     trial on a criminal charge, or is convicted of a criminal 
     charge offense; and
       ``(B) does not include an individual who--
       ``(i) at the time of the time of the offense, was younger 
     than the maximum age at which a youth can be held in a 
     juvenile facility under applicable State law; and
       ``(ii) was committed to the care and custody of a juvenile 
     correctional agency by a court of competent jurisdiction or 
     by operation of applicable State law;'';
       (4) in paragraph (28), by striking ``and'' at the end;
       (5) in paragraph (29), by striking the period at the end 
     and inserting a semicolon; and
       (6) by adding at the end the following:
       ``(30) the term `core requirements' means the requirements 
     described in paragraphs (11), (12), (13), and (15) of section 
     223(a);
       ``(31) the term `chemical agent' means a spray used to 
     temporarily incapacitate a person, including oleoresin 
     capsicum spray, tear gas, and 2-chlorobenzalmalononitrile 
     gas;
       ``(32) the term `isolation'--
       ``(A) means any instance in which a youth is confined alone 
     for more than 15 minutes in a room or cell; and
       ``(B) does not include confinement in the room or cell in 
     which the youth usually sleeps, protective confinement (for 
     injured youths or youths whose safety is threatened), 
     separation based on an approved treatment program, routine 
     confinement at the time of the youth's admission, confinement

[[Page S5763]]

     that is requested by the youth, or the separation of the 
     youth from a group in a non-locked setting for the purpose of 
     calming;
       ``(33) the term `restraint' has the meaning given that term 
     in section 591 of the Public Health Service Act (42 U.S.C. 
     290ii);
       ``(34) the term `evidence based' means a program or 
     practice that is demonstrated to be effective and that--
       ``(A) is based on a clearly articulated and empirically 
     supported theory;
       ``(B) has measurable outcomes, including a detailed 
     description of what outcomes were produced in a particular 
     population; and
       ``(C) has been scientifically tested, optimally through 
     randomized, controlled studies;
       ``(35) the term `promising' means a program or practice 
     that is demonstrated to be effective based on positive 
     outcomes from 1 or more objective evaluations, or based on 
     practice knowledge, as documented in writing to the 
     Administrator; and
       ``(36) the term `dangerous practice' means an act, 
     procedure, or program that creates an unreasonable risk of 
     physical injury, pain, or psychological harm to a juvenile 
     subjected to the act, procedure, or program.''.

         TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

     SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.

       Section 204(a)(2)(B)(i) of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 
     5614(a)(2)(B)(i)) is amended by striking ``240 days after the 
     date of enactment of this paragraph'' and inserting ``July 2, 
     2009''.

     SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE AND 
                   DELINQUENCY PREVENTION.

       Section 206 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5616) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``the Administrator of the Substance Abuse 
     and Mental Health Services Administration, the Secretary of 
     Defense, the Secretary of Agriculture,'' after ``the 
     Secretary of Health and Human Services,''; and
       (ii) by striking ``Commissioner of Immigration and 
     Naturalization'' and inserting ``Assistant Secretary for 
     Immigration and Customs Enforcement''; and
       (B) in paragraph (2)(A), by inserting ``(including at least 
     1 representative from the mental health fields)'' after 
     ``field of juvenile justice''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``paragraphs (12)(A), 
     (13), and (14) of section 223(a) of this title'' and 
     inserting ``the core requirements''; and
       (B) in paragraph (2)(B)--
       (i) by striking ``180 days after the date of the enactment 
     of this paragraph'' and inserting ``May 3, 2009''; and
       (ii) by striking ``Committee on Education and the 
     Workforce'' and inserting ``Committee on Education and 
     Labor''.

     SEC. 203. ANNUAL REPORT.

       Section 207 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5617) is amended--
       (1) in the matter preceding paragraph (1), by striking ``a 
     fiscal year'' and inserting ``each fiscal year'';
       (2) in paragraph (1)--
       (A) in subparagraph (B), by inserting ``, ethnicity,'' 
     after ``race'';
       (B) in subparagraph (E), by striking ``and'' at the end;
       (C) in subparagraph (F)--
       (i) by inserting ``and other'' before ``disabilities,''; 
     and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (D) by adding at the end the following:
       ``(G) a summary of data from 1 month of the applicable 
     fiscal year of the use of restraints and isolation upon 
     juveniles held in the custody of secure detention and 
     correctional facilities operated by a State or unit of local 
     government;
       ``(H) the number of juveniles released from custody and the 
     type of living arrangement to which each such juvenile was 
     released; and
       ``(I) the number of status offense cases petitioned to 
     court, number of status offenders held in secure detention, 
     the findings used to justify the use of secure detention, and 
     the average period of time a status offender was held in 
     secure detention''; and
       (3) by adding at the end the following:
       ``(5) A description of the criteria used to determine what 
     programs qualify as evidence based and promising programs 
     under this title and title V and a comprehensive list of 
     those programs the Administrator has determined meet such 
     criteria.
       ``(6) A description of funding provided to Indian tribes 
     under this Act, including direct Federal grants and funding 
     provided to Indian tribes through a State or unit of local 
     government.''.

     SEC. 204. ALLOCATION OF FUNDS.

       Section 222 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5632) is amended--
       (1) in subsection (a)(1), by striking ``age eighteen.'' and 
     inserting ``18 years of age, based on the most recent census 
     data to monitor any significant changes in the relative 
     population of people under 18 years of age occurring in the 
     States.'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (3) by inserting after subsection (b) the following:
       ``(c)(1) If any amount allocated under subsection (a) is 
     withheld from a State due to noncompliance with the core 
     requirements, the funds shall be reallocated for an 
     improvement grant designed to assist the State in achieving 
     compliance with the core requirements.
       ``(2) The Administrator shall condition a grant described 
     in paragraph (1) on--
       ``(A) the State, with the approval of the Administrator, 
     developing specific action steps designed to restore 
     compliance with the core requirements; and
       ``(B) submitting to the Administrator semiannually a report 
     on progress toward implementing the specific action steps 
     developed under subparagraph (A).
       ``(3) The Administrator shall provide appropriate and 
     effective technical assistance directly or through an 
     agreement with a contractor to assist a State receiving a 
     grant described in paragraph (1) in achieving compliance with 
     the core requirements.'';
       (4) in subsection (d), as so redesignated, by striking 
     ``efficient administration, including monitoring, evaluation, 
     and one full-time staff position'' and inserting ``effective 
     and efficient administration, including the designation of at 
     least 1 person to coordinate efforts to achieve and sustain 
     compliance with the core requirements''; and
       (5) in subsection (e), as so redesignated, by striking ``5 
     per centum'' and inserting ``not more than 5 percent''.

     SEC. 205. 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) in the matter preceding paragraph (1), by inserting 
     ``Not later than 30 days after the date on which a plan or 
     amended plan submitted under this subsection is finalized, a 
     State shall make the plan or amended plan publicly available 
     by posting the plan or amended plan on a publicly available 
     website.'' after ``compliance with State plan 
     requirements.'';
       (B) in paragraph (3)--
       (i) in subparagraph (A)(ii)--

       (I) in subclause (II), by striking ``counsel for children 
     and youth'' and inserting ``publicly supported court-
     appointed legal counsel for children and youth charged in 
     delinquency matters'';
       (II) in subclause (III), by striking ``mental health, 
     education, special education'' and inserting ``children's 
     mental health, education, child and adolescent substance 
     abuse, special education, services for youth with 
     disabilities'';
       (III) in subclause (V), by striking ``delinquents or 
     potential delinquents'' and inserting ``delinquent youth or 
     youth at risk of delinquency, including volunteers who work 
     with youth of color'';
       (IV) in subclause (VII), by striking ``and'' at the end;
       (V) by redesignating subclause (VIII) as subclause (XI);
       (VI) by inserting after subclause (VII) the following:
       ``(VIII) the executive director or the designee of the 
     executive director of a public or nonprofit entity that is 
     located in the State and receiving a grant under part A of 
     title III;
       ``(IX) persons with expertise and competence in preventing 
     and addressing mental health or substance abuse problems in 
     juvenile delinquents and those at-risk of delinquency;
       ``(X) representatives of victim or witness advocacy groups; 
     and''; and
       (VII) in subclause (XI), as so redesignated, by striking 
     ``disabilities'' and inserting ``and other disabilities, 
     truancy reduction or school failure'';

       (ii) in subparagraph (D)(ii), by striking ``requirements of 
     paragraphs (11), (12), and (13)'' and inserting ``core 
     requirements''; and
       (iii) in subparagraph (E)(i), by adding ``and'' at the end;
       (C) in paragraph (5)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``section 222(d)'' and inserting ``section 222(e)''; and
       (ii) in subparagraph (C), by striking ``Indian tribes'' and 
     all that follows through ``applicable to the detention and 
     confinement of juveniles'' and inserting ``Indian tribes that 
     agree to attempt to comply with the core requirements 
     applicable to the detention and confinement of juveniles'';
       (D) in paragraph (7)(B)--
       (i) by striking clause (i) and inserting the following:
       ``(i) a plan for ensuring that the chief executive officer 
     of the State, State legislature, and all appropriate public 
     agencies in the State with responsibility for provision of 
     services to children, youth and families are informed of the 
     requirements of the State plan and compliance with the core 
     requirements;'';
       (ii) in clause (iii), by striking ``and'' at the end; and
       (iii) by striking clause (iv) and inserting the following:
       ``(iv) a plan to provide alternatives to detention, 
     including diversion to home-based or community-based services 
     or treatment for those youth in need of mental health, 
     substance abuse, or co-occurring disorder services at the 
     time such juveniles first come into contact with the juvenile 
     justice system;

[[Page S5764]]

       ``(v) a plan to reduce the number of children housed in 
     secure detention and corrections facilities who are awaiting 
     placement in residential treatment programs;
       ``(vi) a plan to engage family members in the design and 
     delivery of juvenile delinquency prevention and treatment 
     services, particularly post-placement; and
       ``(vii) a plan to use community-based services to address 
     the needs of at-risk youth or youth who have come into 
     contact with the juvenile justice system;'';
       (E) in paragraph (8), by striking ``existing'' and 
     inserting ``evidence based and promising'';
       (F) in paragraph (9)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``section 222(d)'' and inserting ``section 222(e)'';
       (ii) in subparagraph (A)(i), by inserting ``status 
     offenders and other'' before ``youth who need'';
       (iii) in subparagraph (B)(i)--

       (I) by striking ``parents and other family members'' and 
     inserting ``status offenders, other youth, and the parents 
     and other family members of such offenders and youth''; and
       (II) by striking ``be retained'' and inserting ``remain'';

       (iv) by redesignating subparagraphs (G) through (S) as 
     subparagraphs (J) through (V), respectively;
       (v) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively;
       (vi) by inserting after subparagraph (D) the following:
       ``(E) providing training and technical assistance to, and 
     consultation with, juvenile justice and child welfare 
     agencies of States and units of local government to develop 
     coordinated plans for early intervention and treatment of 
     youth who have a history of abuse and juveniles who have 
     prior involvement with the juvenile justice system;'';
       (vii) in subparagraph (G), as so redesignated, by striking 
     ``expanding'' and inserting ``programs to expand'';
       (viii) by inserting after subparagraph (G), as so 
     redesignated, the following:
       ``(H) programs to improve the recruitment, selection, 
     training, and retention of professional personnel in the 
     fields of medicine, law enforcement, judiciary, juvenile 
     justice, social work and child protection, education, and 
     other relevant fields who are engaged in, or intend to work 
     in, the field of prevention, identification, and treatment of 
     delinquency;
       ``(I) expanding access to publicly supported, court-
     appointed legal counsel and enhancing capacity for the 
     competent representation of every child;'';
       (ix) in subparagraph (O), as so redesignated--

       (I) in clause (i), by striking ``restraints'' and inserting 
     ``alternatives''; and
       (II) in clause (ii), by striking ``by the provision''; and

       (x) in subparagraph (V), as so redesignated, by striking 
     the period at the end and inserting a semicolon;
       (G) in paragraph (11)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) in subparagraph (B), by adding ``and'' at the end; and
       (iii) by adding at the end the following:
       ``(C) encourage the use of community-based alternatives to 
     secure detention, including programs of public and nonprofit 
     entities receiving a grant under part A of title III;'';
       (H) by striking paragraph (22);
       (I) by redesignating paragraphs (23) through (28) as 
     paragraphs (24) through (29), respectively;
       (J) by redesignating paragraphs (14) through (21) as 
     paragraphs (16) through (23), respectively;
       (K) by inserting after paragraph (13) the following:
       ``(14) require that--
       ``(A) not later than 3 years after the date of enactment of 
     the Juvenile Justice and Delinquency Prevention 
     Reauthorization Act of 2008, unless a court finds, after a 
     hearing and in writing, that it is in the interest of 
     justice, juveniles awaiting trial or other legal process who 
     are treated as adults for purposes of prosecution in criminal 
     court and housed in a secure facility--
       ``(i) shall not have contact with adult inmates; and
       ``(ii) may not be held in any jail or lockup for adults;
       ``(B) in determining under subparagraph (A) whether it is 
     in the interest of justice to permit a juvenile to be held in 
     any jail or lockup for adults, or have contact with adult 
     inmates, a court shall consider--
       ``(i) the age of the juvenile;
       ``(ii) the physical and mental maturity of the juvenile;
       ``(iii) the present mental state of the juvenile, including 
     whether the juvenile presents an imminent risk of harm to the 
     juvenile;
       ``(iv) the nature and circumstances of the alleged offense;
       ``(v) the juvenile's history of prior delinquent acts;
       ``(vi) the relative ability of the available adult and 
     juvenile detention facilities to meet the specific needs of 
     the juvenile and to protect the public;
       ``(vii) whether placement in a juvenile facility will 
     better serve the long-term interests of the juvenile and be 
     more likely to prevent recidivism;
       ``(viii) the availability of programs designed to treat the 
     juvenile's behavioral problems; and
       ``(ix) any other relevant factor; and
       ``(C) if a court determines under subparagraph (A) that it 
     is in the interest of justice to permit a juvenile to be held 
     in any jail or lockup for adults, or have contact with adult 
     inmates--
       ``(i) the court shall hold a hearing not less than 
     frequently than once every 30 days to review whether it is 
     still in the interest of justice to permit the juvenile to be 
     so held or have such contact; and
       ``(ii) the juvenile shall not be held in any jail or lockup 
     for adults, or permitted to have contact with adult inmates, 
     for more than 180 days, unless the court, in writing, 
     determines there is good cause for an extension or the 
     juvenile expressly waives this limitation;
       ``(15) implement policy, practice, and system improvement 
     strategies at the State, territorial, local, and tribal 
     levels, as applicable, to identify and reduce racial and 
     ethnic disparities among youth who come into contact with the 
     juvenile justice system, without establishing or requiring 
     numerical standards or quotas, by--
       ``(A) establishing coordinating bodies, composed of 
     juvenile justice stakeholders at the State, local, or tribal 
     levels, to oversee and monitor efforts by States, units of 
     local government, and Indian tribes to reduce racial and 
     ethnic disparities;
       ``(B) identifying and analyzing key decision points in 
     State, local, or tribal juvenile justice systems to determine 
     which points create racial and ethnic disparities among youth 
     who come into contact with the juvenile justice system;
       ``(C) developing and implementing data collection and 
     analysis systems to identify where racial and ethnic 
     disparities exist in the juvenile justice system and to track 
     and analyze such disparities;
       ``(D) developing and implementing a work plan that includes 
     measurable objectives for policy, practice, or other system 
     changes, based on the needs identified in the data collection 
     and analysis under subparagraphs (B) and (C); and
       ``(E) publicly reporting, on an annual basis, the efforts 
     made in accordance with subparagraphs (B), (C), and (D);''
       (L) in paragraph (16), as so redesignated--
       (i) by striking ``adequate system'' and inserting 
     ``effective system'';
       (ii) by striking ``requirements of paragraph (11),'' and 
     all that follows through ``monitoring to the Administrator'' 
     and inserting ``the core requirements are met, and for annual 
     reporting to the Administrator of such plan, including the 
     results of such monitoring and all related enforcement and 
     educational activities''; and
       (iii) by striking ``, in the opinion of the 
     Administrator,'';
       (M) in paragraph (17), as so redesignated, by inserting 
     ``ethnicity,'' after ``race,'';
       (N) in paragraph (24), as so redesignated--
       (i) in subparagraph (B), by striking ``and'' at the end;
       (ii) in subparagraph (C)--

       (I) in clause (i), by striking ``and'' at the end;
       (II) in clause (ii), by adding ``and'' at the end; and
       (III) by adding at the end the following:

       ``(iii) if such court determines the juvenile should be 
     placed in a secure detention facility or correctional 
     facility for violating such order, the court shall issue a 
     written order that--

       ``(I) identifies the valid court order that has been 
     violated;
       ``(II) specifies the factual basis for determining that 
     there is reasonable cause to believe that the juvenile has 
     violated such order;
       ``(III) includes findings of fact to support a 
     determination that there is no appropriate less restrictive 
     alternative available to placing the juvenile in such a 
     facility, with due consideration to the best interest of the 
     juvenile; and
       ``(IV) specifies the length of time, not to exceed 7 days, 
     that the juvenile may remain in a secure detention facility 
     or correctional facility, and includes a plan for the 
     juvenile's release from such facility; and''; and

       (iii) by adding at the end the following:
       ``(D) there are procedures in place to ensure that any 
     juvenile held in a secure detention facility or correctional 
     facility pursuant to a court order described in this 
     paragraph does not remain in custody longer than 7 days or 
     the length of time authorized by the court, whichever is 
     shorter;'';
       (O) in paragraph (26), as so redesignated, by striking 
     ``section 222(d)'' and inserting ``section 222(e)'';
       (P) in paragraph (27), as so redesignated--
       (i) by inserting ``and in accordance with confidentiality 
     concerns,'' after ``maximum extent practicable,''; and
       (ii) by striking the semicolon at the end and inserting the 
     following: ``, so as to provide for--
       ``(A) a compilation of data reflecting information on 
     juveniles entering the juvenile justice system with a prior 
     reported history as victims of child abuse or neglect through 
     arrest, court intake, probation and parole, juvenile 
     detention, and corrections; and
       ``(B) a plan to use the data described in subparagraph (A) 
     to provide necessary services for the treatment of victims of 
     child abuse and neglect who have entered, or are at risk of 
     entering, the juvenile justice system;'';
       (Q) in paragraph (28), as so redesignated--

[[Page S5765]]

       (i) by striking ``establish policies'' and inserting 
     ``establish protocols, policies, procedures,''; and
       (ii) by striking ``and'' at the end;
       (R) in paragraph (29), as so redesignated, by striking the 
     period at the end and inserting a semicolon; and
       (S) by adding at the end the following:
       ``(30) provide for the coordinated use of funds provided 
     under this Act with other Federal and State funds directed at 
     juvenile delinquency prevention and intervention programs;
       ``(31) develop policies and procedures, and provide 
     training for facility staff, on evidence based and promising 
     techniques for effective behavior management that are 
     designed to eliminate the use of dangerous practices, 
     unreasonable restraints, and isolation;
       ``(32) provide mental health and substance abuse screening, 
     assessment, referral, and treatment for juveniles in the 
     juvenile justice system;
       ``(33) provide procedural safeguards to adjudicated 
     juveniles, including--
       ``(A) a written case plan for each juvenile, based on an 
     assessment of the needs of the juvenile and developed and 
     updated in consultation with the juvenile, the family of the 
     juvenile, and, if appropriate, counsel for the juvenile, 
     that--
       ``(i) describes the pre-release and post-release programs 
     and reentry services that will be provided to the juvenile;
       ``(ii) describes the living arrangement to which the 
     juvenile is to be discharged; and
       ``(iii) establishes a plan for the enrollment of the 
     juvenile in post-release health care, behavioral health care, 
     educational, vocational, training, family support, public 
     assistance, and legal services programs, as appropriate;
       ``(B) as appropriate, a hearing that--
       ``(i) shall take place in a family or juvenile court or 
     another court (including a tribal court) of competent 
     jurisdiction, or by an administrative body appointed or 
     approved by the court, not earlier than 30 days before the 
     date on which the juvenile is scheduled to be released, and 
     at which the juvenile would be represented by counsel; and
       ``(ii) shall determine the discharge plan for the juvenile, 
     including a determination of whether a safe, appropriate, and 
     permanent living arrangement has been secured for the 
     juvenile and whether enrollment in health care, behavioral 
     health care, educational, vocational, training, family 
     support, public assistance and legal services, as 
     appropriate, has been arranged for the juvenile; and
       ``(C) policies to ensure that discharge planning and 
     procedures--
       ``(i) are accomplished in a timely fashion prior to the 
     release from custody of each adjudicated juvenile; and
       ``(ii) do not delay the release from custody of the 
     juvenile; and
       ``(34) provide a description of the use by the State of 
     funds for reentry and aftercare services for juveniles 
     released from the juvenile justice system.'';
       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``applicable requirements of paragraphs 
     (11), (12), (13), and (22) of subsection (a)'' and inserting 
     ``core requirements''; and
       (ii) by striking ``2001, then'' and inserting ``2008'';
       (B) in paragraph (1), by striking ``, and'' at the end and 
     inserting a semicolon;
       (C) in paragraph (2)(B)(ii)--
       (i) by inserting ``, administrative,'' after ``appropriate 
     executive''; and
       (ii) by striking the period at the end and inserting ``, as 
     specified in section 222(c); and''; and
       (D) by adding at the end the following:
       ``(3) the State shall submit to the Administrator a report 
     detailing the reasons for noncompliance with the core 
     requirements, including the plan of the State to regain full 
     compliance, and the State shall make publicly available such 
     report, not later than 30 days after the date on which the 
     Administrator approves the report, by posting the report on a 
     publicly available website.'';
       (3) in subsection (d)--
       (A) by striking ``section 222(d)'' and inserting ``section 
     222(e)'';
       (B) by striking ``described in paragraphs (11), (12), (13) 
     and (22) of subsection (a)'' and inserting ``described in the 
     core requirements''; and
       (C) by striking ``the requirements under paragraphs (11), 
     (12), (13) and (22) of subsection (a)'' and inserting ``the 
     core requirements''; and
       (4) by striking subsection (f) and inserting the following:
       ``(f) Compliance Determination.--Not later than 60 days 
     after the date of receipt of information indicating that a 
     State may be out of compliance with any of the core 
     requirements, the Administrator shall--
       ``(1) determine whether the State is in compliance with the 
     core requirements;
       ``(2) issue a public report describing the determination 
     described in paragraph (1), including a summary of the 
     information on which the determination is based and the 
     actions to be taken by the Administrator (including a 
     description of any reduction imposed under subsection (c)); 
     and
       ``(3) make the report described in paragraph (2) available 
     on a publicly available website.
       ``(g) Technical Assistance.--
       ``(1) Organization of state advisory group member 
     representatives.--The Administrator shall provide technical 
     and financial assistance to an agency, institution, or 
     organization to assist in carrying out the activities 
     described in paragraph (3). The functions and activities of 
     an agency, institution, or organization under this subsection 
     shall not be subject to the Federal Advisory Committee Act.
       ``(2) Composition.--To be eligible to receive assistance 
     under this subsection, an agency, institution, or 
     organization shall--
       ``(A) be governed by individuals who--
       ``(i) have been appointed by a chief executive of a State 
     to serve as a member of a State advisory group established 
     under subsection (a)(3); and
       ``(ii) are elected to serve as a governing officer of such 
     an agency, institution, or organization by a majority of the 
     member Chairs (or the designees of the member Chairs) of all 
     State advisory groups established under subsection (a)(3);
       ``(B) include member representatives--
       ``(i) from a majority of the State advisory groups 
     established under subsection (a)(3); and
       ``(ii) who are representative of regionally and 
     demographically diverse State jurisdictions; and
       ``(C) annually seek advice from the Chairs (or the 
     designees of the member Chairs) of each State advisory group 
     established under subsection (a)(3) to implement the advisory 
     functions specified in subparagraphs (D) and (E) of paragraph 
     (3) of this subsection.
       ``(3) Activities.--To be eligible to receive assistance 
     under this subsection, an agency, institution, or 
     organization shall agree to--
       ``(A) conduct an annual conference of the member 
     representatives of the State advisory groups established 
     under subsection (a)(3) for purposes relating to the 
     activities of such State advisory groups;
       ``(B) disseminate information, data, standards, advanced 
     techniques, and program models;
       ``(C) review Federal policies regarding juvenile justice 
     and delinquency prevention;
       ``(D) advise the Administrator regarding particular 
     functions or aspects of the work of the Office; and
       ``(E) advise the President and Congress regarding State 
     perspectives on the operation of the Office and Federal 
     legislation relating to juvenile justice and delinquency 
     prevention.''.

     SEC. 206. AUTHORITY TO MAKE GRANTS.

       Section 241(a) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5651(a)) is amended--
       (1) in paragraph (1), by inserting ``status offenders,'' 
     before ``juvenile offenders, and juveniles'';
       (2) in paragraph (5), by striking ``juvenile offenders and 
     juveniles'' and inserting ``status offenders, juvenile 
     offenders, and juveniles'';
       (3) in paragraph (10), by inserting ``, including juveniles 
     with disabilities'' before the semicolon;
       (4) in paragraph (17), by inserting ``truancy prevention 
     and reduction,'' after ``mentoring,'';
       (5) in paragraph (24), by striking ``and'' at the end;
       (6) by redesignating paragraph (25) as paragraph (26); and
       (7) by inserting after paragraph (24) the following:
       ``(25) projects that support the establishment of 
     partnerships between a State and a university, institution of 
     higher education, or research center designed to improve the 
     recruitment, selection, training, and retention of 
     professional personnel in the fields of medicine, law 
     enforcement, judiciary, juvenile justice, social work and 
     child protection, education, and other relevant fields who 
     are engaged in, or intend to work in, the field of 
     prevention, identification, and treatment of delinquency; 
     and''.

     SEC. 207. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; 
                   INFORMATION DISSEMINATION.

       (a) In General.--Section 251 of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5661) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the matter proceeding subparagraph (A), by striking 
     ``may'' and inserting ``shall'';
       (ii) in subparagraph (A), by striking ``plan and identify'' 
     and inserting ``annually provide a written and publicly 
     available plan to identify''; and
       (iii) in subparagraph (B)--

       (I) by amending clause (iii) to read as follows:

       ``(iii) successful efforts to prevent status offenders and 
     first-time minor offenders from subsequent involvement with 
     the criminal justice system;'';

       (II) by amending clause (vii) to read as follows:

       ``(vii) the prevalence and duration of behavioral health 
     needs (including mental health, substance abuse, and co-
     occurring disorders) among juveniles pre-placement and post-
     placement when held in the custody of secure detention and 
     corrections facilities, including an examination of the 
     effects of confinement;'';

       (III) by redesignating clauses (ix), (x), and (xi) as 
     clauses (xi), (xii), and (xiii), respectively; and
       (IV) by inserting after clause (viii) the following:

       ``(ix) training efforts and reforms that have produced 
     reductions in or elimination of the use of dangerous 
     practices;

[[Page S5766]]

       ``(x) methods to improve the recruitment, selection, 
     training, and retention of professional personnel in the 
     fields of medicine, law enforcement, judiciary, juvenile 
     justice, social work and child protection, education, and 
     other relevant fields who are engaged in, or intend to work 
     in, the field of prevention, identification, and treatment of 
     delinquency;''; and
       (B) in paragraph (4)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``and not later than 1 year after the date of enactment of 
     the Juvenile Justice and Delinquency Prevention 
     Reauthorization Act of 2008'' after ``date of enactment of 
     this paragraph'';
       (ii) in subparagraph (F), by striking ``and'' at the end;
       (iii) in subparagraph (G), by striking the period at the 
     end and inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(H) a description of the best practices in discharge 
     planning; and
       ``(I) an assessment of living arrangements for juveniles 
     who cannot return to the homes of the juveniles.'';
       (2) in subsection (b), in the matter preceding paragraph 
     (a), by striking ``may'' and inserting ``shall''; and
       (3) by adding at the end the following:
       ``(f) National Recidivism Measure.--The Administrator 
     shall--
       ``(1) establish a uniform method of data collection and 
     technology that States shall use to evaluate data on juvenile 
     recidivism on an annual basis;
       ``(2) establish a common national juvenile recidivism 
     measurement system; and
       ``(3) make cumulative juvenile recidivism data that is 
     collected from States available to the public.''.
       (b) Studies.--
       (1) In general.--The Administrator shall conduct a study 
     and publish a report on the differences between male and 
     female juvenile offenders that includes analyses of--
       (A) risk factors specific to the development of delinquent 
     behavior in girls;
       (B) the mental health needs of delinquent girls and girls 
     at risk of delinquency;
       (C) delinquency prevention and intervention programs that 
     are effective among girls; and
       (D) how prevention and intervention programs for delinquent 
     girls and girls at-risk of delinquency can be made more 
     effective.
       (2) Assessment of treating juveniles as adults.--The 
     Administrator shall--
       (A) not later than 3 years after the date of enactment of 
     this Act, assess the effectiveness of the practice of 
     treating juveniles as adults for purposes of prosecution in 
     criminal court; and
       (B) not later than 42 months after the date of enactment of 
     this Act, submit to Congress and the President, and make 
     publicly available, a report on the findings and conclusions 
     of the assessment under subparagraph (A) and any recommended 
     changes in law identified as a result of the assessment under 
     subparagraph (A).
       (3) Outcome study of former juvenile offenders.--The 
     Administrator shall conduct a study of adjudicated juveniles 
     and publish a report on the outcomes for juveniles who have 
     reintegrated into the community, which shall include 
     information on the outcomes relating to family reunification, 
     housing, education, employment, health care, behavioral 
     health care, and repeat offending.
       (4) Definition of administrator.--In this subsection, the 
     term ``Administrator'' means the head of the Office of 
     Juvenile Justice and Delinquency Prevention.

     SEC. 208. TRAINING AND TECHNICAL ASSISTANCE.

       Section 252 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5662) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``may'';
       (B) in paragraph (1), by inserting ``shall'' before 
     ``develop and carry out projects''; and
       (C) in paragraph (2), by inserting ``may'' before ``make 
     grants to and contracts with'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``may'';
       (B) in paragraph (1)--
       (i) by inserting ``shall'' before ``develop and implement 
     projects''; and
       (ii) by striking ``and'' at the end;
       (C) in paragraph (2)--
       (i) by inserting ``may'' before ``make grants to and 
     contracts with''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (D) by adding at the end the following:
       ``(3) shall provide technical assistance to States and 
     units of local government on achieving compliance with the 
     amendments made by the Juvenile Justice and Delinquency 
     Prevention Reauthorization Act of 2008; and
       ``(4) shall provide technical assistance to States in 
     support of efforts to establish partnerships between the 
     State and a university, institution of higher education, or 
     research center designed to improve the recruitment, 
     selection, training, and retention of professional personnel 
     in the fields of medicine, law enforcement, judiciary, 
     juvenile justice, social work and child protection, 
     education, and other relevant fields who are engaged in, or 
     intend to work in, the field of prevention, identification, 
     and treatment of delinquency.''; and
       (3) by adding at the end the following:
       ``(d) Technical Assistance to States Regarding Legal 
     Representation of Children.--The Administrator shall develop 
     and issue standards of practice for attorneys representing 
     children, and ensure that the standards are adapted for use 
     in States.
       ``(e) Training and Technical Assistance for Local and State 
     Juvenile Detention and Corrections Personnel.--The 
     Administrator shall coordinate training and technical 
     assistance programs with juvenile detention and corrections 
     personnel of States and units of local government to promote 
     evidence based and promising methods for improving conditions 
     of juvenile confinement, including those that are designed to 
     minimize the use of dangerous practices, unreasonable 
     restraints, and isolation.
       ``(f) Training and Technical Assistance To Support Mental 
     Health or Substance Abuse Treatment Including Home-Based or 
     Community-Based Care.--The Administrator shall provide 
     training and technical assistance, in conjunction with the 
     appropriate public agencies, to individuals involved in 
     making decisions regarding the disposition of cases for youth 
     who enter the juvenile justice system, including--
       ``(1) juvenile justice intake personnel;
       ``(2) probation officers;
       ``(3) juvenile court judges and court services personnel;
       ``(4) prosecutors and court-appointed counsel; and
       ``(5) family members of juveniles and family advocates.''.

     SEC. 209. INCENTIVE GRANTS FOR STATE AND LOCAL PROGRAMS.

       Title II of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5611 et seq.) is amended--
       (1) by redesignating part F as part G; and
       (2) by inserting after part E the following:

        ``PART F--INCENTIVE GRANTS FOR STATE AND LOCAL PROGRAMS

     ``SEC. 271. INCENTIVE GRANTS.

       ``(a) Incentive Grant Funds.--The Administrator may make 
     incentive grants to a State, unit of local government, or 
     combination of States and local governments to assist a 
     State, unit of local government, or combination thereof in 
     carrying out an activity identified in subsection (b)(1).
       ``(b) Use of Funds.--
       ``(1) In general.--An incentive grant made by the 
     Administrator under this section may be used to--
       ``(A) increase the use of evidence based or promising 
     prevention and intervention programs;
       ``(B) improve the recruitment, selection, training, and 
     retention of professional personnel (including in the fields 
     of medicine, law enforcement, judiciary, juvenile justice, 
     social work, and child prevention) who are engaged in, or 
     intend to work in, the field of prevention, intervention, and 
     treatment of juveniles to reduce delinquency;
       ``(C) establish a partnership between juvenile justice 
     agencies of a State or unit of local government and mental 
     health authorities of State or unit of local government to 
     establish and implement programs to ensure there are adequate 
     mental health and substance abuse screening, assessment, 
     referral, treatment, and after-care services for juveniles 
     who come into contact with the justice system;
       ``(D) provide training, in conjunction with the public or 
     private agency that provides mental health services, to 
     individuals involved in making decisions involving youth who 
     enter the juvenile justice system (including intake 
     personnel, law enforcement, prosecutors, juvenile court 
     judges, public defenders, mental health and substance abuse 
     service providers and administrators, probation officers, and 
     parents) that focuses on--
       ``(i) the availability of screening and assessment tools 
     and the effective use of such tools;
       ``(ii) the purpose, benefits, and need to increase 
     availability of mental health or substance abuse treatment 
     programs (including home-based and community-based programs) 
     available to juveniles within the jurisdiction of the 
     recipient;
       ``(iii) the availability of public and private services 
     available to juveniles to pay for mental health or substance 
     abuse treatment programs; or
       ``(iv) the appropriate use of effective home-based and 
     community-based alternatives to juvenile justice or mental 
     health system institutional placement; and
       ``(E) provide services to juveniles with mental health or 
     substance abuse disorders who are at risk of coming into 
     contact with the justice system.
       ``(2) Coordination and administration.--A State or unit of 
     local government receiving a grant under this section shall 
     ensure that--
       ``(A) the use of the grant under this section is developed 
     as part of the State plan required under section 223(a); and
       ``(B) not more than 5 percent of the amount received under 
     this section is used for administration of the grant under 
     this section.
       ``(c) Application.--
       ``(1) In general.--A State or unit of local government 
     desiring a grant under this section shall submit an 
     application at such time, in such manner, and containing such 
     information as the Administrator may prescribe.
       ``(2) Contents.--In accordance with guidelines that shall 
     be established by the Administrator, each application for 
     incentive grant funding under this section shall--

[[Page S5767]]

       ``(A) describe any activity or program the funding would be 
     used for and how the activity or program is designed to carry 
     out 1 or more of the activities described in subsection (b);
       ``(B) if any of the funds provided under the grant would be 
     used for evidence based or promising prevention or 
     intervention programs, include a detailed description of the 
     studies, findings, or practice knowledge that support the 
     assertion that such programs qualify as evidence based or 
     promising; and
       ``(C) for any program for which funds provided under the 
     grant would be used that is not evidence based or promising, 
     include a detailed description of any studies, findings, or 
     practice knowledge which support the effectiveness of the 
     program.''.

     SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

       Section 299 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``Parts C and 
     E'' and inserting ``Parts C, E, and F'';
       (B) in paragraph (1), by striking ``this title'' and all 
     that follows and inserting the following: ``this title--
       ``(A) $196,700,000 for fiscal year 2009.;
       ``(B) $245,900,000 for fiscal year 2010;
       ``(C) $295,100,000 for fiscal year 2011;
       ``(D) $344,300,000 for fiscal year 2012; and
       ``(E) $393,500,000 for fiscal year 2013.''; and
       (C) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``parts C and E'' and inserting ``parts C, 
     E, and F'';
       (2) in subsection (b), by striking ``fiscal years 2003, 
     2004, 2005, 2006, and 2007'' and inserting ``fiscal years 
     2009, 2010, 2011, 2012, and 2013'';
       (3) in subsection (c), by striking ``fiscal years 2003, 
     2004, 2005, 2006, and 2007'' and inserting ``fiscal years 
     2009, 2010, 2011, 2012, and 2013'';
       (4) by redesignating subsection (d) as subsection (e); and
       (5) by inserting after subsection (c) the following:
       ``(d) Authorization of Appropriations for Part F.--There 
     are authorized to be appropriated to carry out part F, and 
     authorized to remain available until expended, $60,000,000 
     for each of fiscal years 2009, 2010, 2011, 2012, and 2013. Of 
     the sums that are appropriated for a fiscal year to carry out 
     part F, not less than 50 percent shall be used to fund 
     programs that are carrying out an activity described in 
     subparagraph (C), (D), or (E) of section 271(b)(1).''.

     SEC. 211. ADMINISTRATIVE AUTHORITY.

       Section 299A(e) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5672(e)) is amended by 
     striking ``requirements described in paragraphs (11), (12), 
     and (13) of section 223(a)'' and inserting ``core 
     requirements''.

     SEC. 212. TECHNICAL AND CONFORMING AMENDMENTS.

       The Juvenile Justice and Delinquency Prevention Act of 1974 
     (42 U.S.C. 5601 et seq.) is amended--
       (1) in section 204(b)(6), by striking ``section 
     223(a)(15)'' and inserting ``section 223(a)(16)'';
       (2) in section 246(a)(2)(D), by striking ``section 222(c)'' 
     and inserting ``section 222(d)''; and
       (3) in section 299D(b), of by striking ``section 222(c)'' 
     and inserting ``section 222(d)''.

 TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

     SEC. 301. DEFINITIONS.

       Section 502 of the Incentive Grants for Local Delinquency 
     Prevention Programs Act of 2002 (42 U.S.C. 5781) is amended--
       (1) in the section heading, by striking ``DEFINITION'' and 
     inserting ``DEFINITIONS''; and
       (2) by striking ``this title, the term'' and inserting the 
     following: ``this title--
       ``(1) the term `mentoring' means matching 1 adult with 1 or 
     more youths (not to exceed 4 youths) for the purpose of 
     providing guidance, support, and encouragement aimed at 
     developing the character of the youths, where the adult and 
     youths meet regularly for not less than 4 hours each month 
     for not less than a 9-month period; and
       ``(2) the term''.

     SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.

       Section 504(a) of the Incentive Grants for Local 
     Delinquency Prevention Programs Act of 2002 (42 U.S.C. 
     5783(a)) is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) mentoring programs.''.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

       Section 505 of the Incentive Grants for Local Delinquency 
     Prevention Programs Act of 2002 (42 U.S.C. 5784) is amended 
     to read as follows:

     ``SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title--
       ``(1) $272,200,000 for fiscal year 2009;
       ``(2) $322,800,000 for fiscal year 2010;
       ``(3) $373,400,000 for fiscal year 2011;
       ``(4) $424,000,000 for fiscal year 2012; and
       ``(5) $474,600,000 for fiscal year 2013.''.

     SEC. 304. TECHNICAL AND CONFORMING AMENDMENT.

       The Juvenile Justice and Delinquency Prevention Act of 1974 
     is amended by striking title V, as added by the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (Public Law 
     93-415; 88 Stat. 1133) (relating to miscellaneous and 
     conforming amendments).

  Mr. KOHL. Mr. President, I rise today with Senator Leahy and Senator 
Specter to introduce the Juvenile Justice and Delinquency Prevention 
Reauthorization Act. The Juvenile Justice and Delinquency Prevention 
Act, JJDPA, has played a key role in successful state and local efforts 
to reduce juvenile crime and get kids back on track after they have had 
run-ins with the law. This legislation will reauthorize and make 
significant improvements to these important programs.
  A successful strategy to combat juvenile crime consists of a large 
dose of prevention and intervention programs. Juvenile justice programs 
have proven time and time again that they help prevent crime, 
strengthen communities, and rehabilitate juvenile offenders. The JJDPA 
has always had a dual focus: prevention and rehabilitation.
  The JJDPA has successfully focused on intervening in a positive 
manner to work with those teens that have fallen through the cracks and 
have had a few scrapes with the law. Many of the juveniles who come 
into contact with the justice system are not violent offenders or gang 
members. Rather, they are young people who have made mistakes and 
deserve a second chance to succeed and lead healthy lives. In fact, 
seventy percent of youth in detention are held for nonviolent charges. 
Research has shown that youth who come into contact with the justice 
system can be rehabilitated, and we have an obligation to support 
successful programs that do just that.
  While putting young people on the right path after they have had run-
ins with the law is tremendously important, we would all prefer to keep 
them from getting into trouble in the first place. Title V, of course, 
is the only federal program that is dedicated exclusively to juvenile 
crime prevention. Evidence-based prevention programs are proven to 
reduce crime. Because each child prevented from engaging in repeat 
criminal offenses can save the community $1.7 to $3.4 million, reducing 
crime actually saves money. Research has shown that every dollar spent 
on effective, evidence based programs can yield up to $13 in cost 
savings.
  Since the last reauthorization in 2002, research and experience have 
revealed that there is still room for improvement. That is why we are 
proposing a number of changes to the Act.
  Under Title II, the existing JJDPA requires states to comply with 
certain core requirements that are designed to protect and assist in 
the rehabilitation of juvenile offenders. This legislation makes 
improvements to four of the core requirements--removal of juveniles 
from adult jails, preventing contact between juvenile offenders and 
adult inmates, the deinstitutionalization of status offenders, and 
disproportionate minority contact, DMC.
  The legislation would amend the jail removal and sight and sound 
requirements to ensure that juveniles charged as adults are not placed 
in an adult facility or allowed to have contact with adult inmates 
unless a court finds that it is in the interest of justice to do so. 
Research has shown that juveniles who spend time in adult jails am more 
likely to reoffend. Therefore, it is critical that we get judges more 
involved in this process to ensure that it is in everyone's best 
interest, but particularly the juvenile's best interest, to place that 
young person in an adult facility.
  This measure would also place important limitations on the valid 
court order exception to the deinstitutionalization of status 
offenders. Under the current JJDPA, courts can order status offenders 
to be placed in secure detention with minimal process and no limit on 
duration. We seek to change both of these. This bill would place a 7 
day limit on the amount of time a status offender can spend in a secure 
facility, and ensure that juvenile status offenders have significant 
procedural protections.
  In addition, the legislation will push states to take concrete steps 
to identify the causes of disproportionate minority contact and take 
meaningful steps to achieve concrete reductions.
  The bill also focuses a great deal of attention on improving 
cooperation between the states and the Federal Government in the area 
of juvenile justice.

[[Page S5768]]

It directs the administrator of the Office of Juvenile Justice to 
conduct additional research. It seeks to strengthen the amount of 
training and technical assistance provided by the Federal Government, 
particularly workforce training for those people who work directly with 
juveniles at every stage of the juvenile justice system.
  The Juvenile Justice and Delinquency Prevention Reauthorization Act 
would improve treatment of juveniles in two important respects. It 
seeks to end the use of improper isolation and dangerous practices, and 
it encourages the use of best practices and alternatives to detention.
  This measure also places a greater focus on mental health and 
substance abuse treatment for juveniles who come into contact, or are 
at risk of coming into contact, with the juvenile justice system. 
Research has shown that the prevalence of mental disorders among youth 
in juvenile justice systems is two to three times higher than among 
youth who have not had run-ins with the law. Taking meaningful steps to 
provide adequate mental health screening and treatment for these 
juveniles is a critical part of getting them on the right track, and 
needs to be a part of Federal, State and local efforts to rehabilitate 
juvenile offenders.
  Finally, and possibly most importantly, the key to success is 
adequate support. Funding for juvenile justice programs has been on a 
downward spiral for the last seven years. Just five years ago, these 
programs received approximately $556 million, with more than $94 
million for the Title V Local Delinquency Prevention Program and nearly 
$250 million for the Juvenile Accountability Block Grant program. This 
year, the Administration requested just $250 million for all juvenile 
justice programs, which represents more than a 50 percent cut from 
Fiscal Year 2002. Local communities do a great job of leveraging this 
funding to accomplish great things, but we cannot say with a straight 
face that this level is sufficient.
  Therefore, we are seeking to authorize increased funding for the 
Juvenile Justice and Delinquency Prevention Act. The bill will 
authorize more than $272 million for Title V and nearly $200 million 
for Title II in Fiscal Year 2009. Then, funding for each title will 
increase by $50 million each subsequent fiscal year. These programs are 
in desperate need of adequate funding. It is money well spent, and this 
increase in authorized funding will demonstrate Congressional support 
for these critical programs.
  In addition to increased funding for traditional JJDPA programs, we 
have created a new incentive grant program under the Act. This program 
authorizes another $60 million per year to help local communities to 
supplement efforts under the Act, and in some cases go above and beyond 
what is required of them. Specifically, this funding will support 
evidence based and promising prevention and intervention programs. It 
will enhance workforce training, which will improve the treatment and 
rehabilitation of juveniles who come into contact with the system. 
Lastly, a significant portion of this funding will be dedicated to 
mental health screening and treatment of juveniles who have come into 
contact, or are at risk of coming into contact, with the justice 
system.
  The Juvenile Justice and Delinquency Prevention Act is an incredibly 
successful program. The fact that it is cost efficient is important. 
But the most important thing is that it is effective. It is effective 
in reaching the kids it is designed to help. The evidence based 
prevention programs it funds are able to touch the lives of at-risk 
youth and steer them away from a life of crime. And for those who have 
unfortunately already had run-ins with law enforcement, its 
intervention and treatment programs have successfully helped countless 
kids get their lives back on the right track and become productive 
members of society.
  It is beyond dispute that these proven programs improve and 
strengthen young people, as well as their families and their 
communities. For that reason, we urge our colleagues to support this 
important measure to reauthorize and improve these programs.

                          ____________________