[House Report 104-783]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-783
_______________________________________________________________________
JUVENILE CRIME CONTROL AND DELINQUENCY PREVENTION ACT OF 1996
_______
September 12, 1996.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Goodling, from the Committee on Economic and Educational
Opportunities, submitted the following
R E P O R T
together with
MINORITY AND ADDITIONAL VIEWS
[To accompany H.R. 3876]
[Including cost estimate of the Congressional Budget Office]
The Committee on Economic and Educational Opportunities, to
whom was referred the bill (H.R. 3876) to amend the Juvenile
Justice and Delinquency Prevention Act of 1974 to authorize
appropriations for fiscal years 1997, 1998, 1999, and 2000; and
for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Juvenile Crime
Control and Delinquency Prevention Act of 1996''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AMENDMENTS TO JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT
OF 1974
Sec. 101. Findings.
Sec. 102. Purpose.
Sec. 103. Definitions.
Sec. 104. Name of office.
Sec. 105. Concentration of Federal effort.
Sec. 106. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 107. Annual report.
Sec. 108. Allocation.
Sec. 109. State plans.
Sec. 110. National Institute for Juvenile Justice and Delinquency
Prevention.
Sec. 111. Research, demonstration, and evaluation functions.
Sec. 112. Technical assistance and training functions.
Sec. 113. Establishment of training program.
Sec. 114. Curriculum for training program.
Sec. 115. Special studies and reports.
Sec. 116. Grants and contracts for special emphasis prevention and
treatment programs.
Sec. 117. Considerations for approval of applications.
Sec. 118. Gang-free schools and communities.
Sec. 119. State challenge activities.
Sec. 120. Repealers.
Sec. 121. Authorization of appropriations.
Sec. 122. Administrative authority.
Sec. 123. Use of funds.
Sec. 124. Technical and conforming amendments.
TITLE II--AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH
Sec. 201. Findings.
Sec. 202. Authority to make grants for centers and services.
Sec. 203. Eligibility.
Sec. 204. Approval of applications.
Sec. 205. Authority for transitional living grant program.
Sec. 206. Authority to make grants for research, demonstration, and
service projects.
Sec. 207. Temporary demonstration projects to provide services to youth
in rural areas.
Sec. 208. Sexual abuse prevention program.
Sec. 209. Assistance to potential grantees.
Sec. 210. Reports.
Sec. 211. Evaluation.
Sec. 212. Authorization of appropriations.
Sec. 213. Consolidated review of applications.
Sec. 214. Definitions.
Sec. 215. Redesignation of sections.
Sec. 216. Technical amendment.
TITLE III--AMENDMENTS TO THE MISSING CHILDREN'S ASSISTANCE ACT
Sec. 301. Authorization of appropriations.
Sec. 302. Special study and report.
TITLE IV--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
Sec. 401. Duties and functions of the Administrator.
Sec. 402. Grants for prevention programs.
Sec. 403. Repeal of definition.
Sec. 404. Authorization of appropriations.
TITLE V--GENERAL PROVISIONS
Sec. 501. Effective date; application of amendments.
TITLE I--AMENDMENTS TO JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT
OF 1974
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:
``findings
``Sec. 101. (a) The Congress finds the following:
``(1) There has been a dramatic increase in juvenile crime,
particularly violent crime. Weapons offenses and homicides are
the 2 fastest growing violent crimes committed by juveniles,
and offenders under the age of 21 committing more than \1/4\ of
all violent crime.
``(2) This problem should be addressed through a 2-track
common sense approach that addresses the needs of individual
juveniles and society at large by promoting--
``(A) quality prevention programs that--
``(i) work with juveniles, their families,
community-based organizations, take into
consideration such factors as whether or not
juveniles have been the victims of family
violence (including child abuse and neglect);
and
``(ii) are designed to provide juveniles with
the education and other skills they need to
prevent their involvement in delinquency
activities; and
``(B) programs that assist in holding juveniles
accountable for their actions, including a system of
graduated sanctions for each delinquent act, requiring
juveniles to make restitution for the damage caused by
their delinquent acts, and methods for increasing
victim satisfaction with respect to the penalties
imposed on juveniles for their acts.
``(b) Congress must act now to reform this program by focusing on
juvenile delinquency prevention programs, as well as programs that hold
juveniles accountable for their acts. Without true reform, the criminal
justice system will not be able to overcome the challenges it will face
in the coming years when the number of juveniles is expected to
increase by 30 percent.''.
SEC. 102. PURPOSE.
Section 102 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5602) is amended to read as follows:
``purposes
``Sec. 102. The purposes of titles I, II, and V are--
``(1) to support State and local programs that prevent
juvenile involvement in delinquent activities;
``(2) to assist State and local governments in promoting
public safety by encouraging accountability for acts of
juvenile delinquency; and
``(3) to assist State and local governments in addressing
juvenile crime through the provision of technical assistance,
research, and the dissemination of information, on effective
programs for combating juvenile crime.''.
SEC. 103. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (4) by inserting ``title I of'' before ``the
Omnibus'' each place it appears,
(2) in paragraph (7) by striking ``the Trust Territory of the
Pacific Islands,'',
(3) in paragraph (9) by striking ``justice'' and inserting
``crime control'',
(4) in paragraph (14) by inserting ``drug trafficking,''
after ``assault,'',
(5) in paragraph (16)--
(A) in subparagraph (A) by adding ``and'' at the end,
and
(B) by striking subparagraph (C),
(6) by striking paragraph (17),
(7) in paragraph (22)--
(A) by redesignating subparagraphs (i), (ii), and
(iii) as subparagraphs (A), (B), and (C), respectively,
and
(B) by striking ``and'' at the end,
(8) in paragraph (23) by striking the period at the end and
inserting a semicolon,
(9) by redesignating paragraphs (18), (19), (20), (21), (22),
and (23) as paragraphs (17) through (22), respectively, and
(10) by adding at the end the following:
``(23) the term `boot camp' means a residential facility
(excluding a private residence) at which there are provided--
``(A) a highly regimented schedule of discipline,
physical training, work, drill, and ceremony
characteristic of military basic training;
``(B) regular, remedial, special, and vocational
education; and
``(C) counseling and treatment for substance abuse
and other health and mental health problems; and
``(24) the term `violent crime' means--
``(A) murder or nonnegligent manslaughter, forcible
rape, or robbery, or
``(B) aggravated assault committed with the use of a
firearm.''.
SEC. 104. NAME OF OFFICE.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended--
(1) by amending the heading of part A to read as follows:
``Part A--Office of Juvenile Crime Control and Delinquency
Prevention'',
(2) in section 201(a) by striking ``Justice and Delinquency
Prevention'' and inserting ``Crime Control and Delinquency
Prevention'', and
(3) in subsections section 299A(c)(2) by striking ``Justice
and Delinquency Prevention'' and inserting ``Crime Control and
Delinquency Prevention''.
SEC. 105. CONCENTRATION OF FEDERAL EFFORT.
Section 204 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5614) is amended--
(1) in subsection (a)(1) by striking the last sentence,
(2) in subsection (b)--
(A) in paragraph (3) by striking ``and of the
prospective'' and all that follows through
``administered'', and
(B) in paragraph (5) by striking ``parts C and D''
each place it appears and inserting ``part C'',
(3) in subsection (c) by striking ``and reports'' and all
that follows through ``this part'', and insert ``as may be
appropriate to prevent the duplication of efforts, and to
coordinate activities, related to the prevention of juvenile
delinquency'',
(4) by striking subsection (i), and
(5) by redesignating subsection (h) as subsection (f).
SEC. 106. 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 repealed.
SEC. 107. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5617) is amended--
(1) in paragraph (2)--
(A) by inserting ``and'' after ``priorities,'', and
(B) by striking ``, and recommendations of the
Council'',
(1) by striking paragraphs (4) and (5), and inserting the
following:
``(4) An evaluation of the programs funded under this title
and their effectiveness in reducing the incidence of juvenile
crime, particularly violent crimes.'', and
(2) by redesignating such section as section 206.
SEC. 108. ALLOCATION.
Section 222 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5632) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``amount, up to
$400,000,'' and inserting ``amount up
to $400,000'',
(II) by inserting a comma after
``1992'' the 1st place it appears,
(III) by striking ``the Trust
Territory of the Pacific Islands,'',
and
(IV) by striking ``amount, up to
$100,000,'' and inserting ``amount up
to $100,000'',
(ii) in subparagraph (B)--
(I) by striking ``amount, up to
$600,000,'' and inserting ``amount up
to $600,000'',
(II) by striking ``section 299(a) (1)
and (3)'' and inserting ``paragraphs
(1) and (3) of section 299(a),'',
(III) by striking ``the Trust
Territory of the Pacific Islands,'',
(IV) by striking ``amount, up to
$100,000,'' and inserting ``amount up
to $100,000'', and
(V) by inserting a comma after
``1992'',
(B) in paragraph (3) by striking ``allot'' and
inserting ``allocate'', and
(2) in subsection (b) by striking ``the Trust Territory of
the Pacific Islands,''.
SEC. 109. 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 2nd sentence--
(i) by striking ``Such plan shall be
amended'' and inserting ``Amendments to such
plan shall be submitted'', and
(ii) by striking ``and challenge'' and all
that follows through ``part E'',
(B) in paragraph (3)--
(i) by striking ``, which--'' and inserting
``that--'',
(ii) in subparagraph (A)--
(I) by striking ``not less'' and all
that follows through ``33'', and
inserting ``the attorney general of the
State or such other State official who
has primary responsibility for
overseeing the enforcement of State
criminal laws, and'',
(II) by inserting ``, in consultation
with the attorney general of the State
or such other State official who has
primary responsibility for overseeing
the enforcement of State criminal
laws'' after ``State'',
(III) in clause (i) by striking ``or
the administration of juvenile
justice'' and inserting ``, the
administration of juvenile justice, or
the reduction of juvenile crime'',
(IV) in clause (ii) by striking
``include--'' and all that follows
through the semicolon at the end of
subclause (VIII), and inserting the
following:
``represent a multidisciplinary approach to
addressing juvenile crime and may include--
``(I) individuals who represent units
of general local government, law
enforcement and juvenile justice
agencies, public agencies concerned
with the prevention and treatment of
juvenile delinquency and with the
adjudication of juveniles, or nonprofit
private organizations, particularly
those that serve juveniles; and
``(II) such other individuals as the
chief executive officer considers to be
appropriate; and'', and
(V) by striking clauses (iv) and (v),
(iii) in subparagraph (C) by striking
``justice'' and inserting ``crime control'',
(iv) in subparagraph (D)--
(I) in clause (i) by inserting
``and'' at the end,
(II) in clause (ii) by striking
``paragraphs'' and all that follows
through ``part E'', and inserting
``paragraphs (11), (12), and (13)'',
and
(III) by striking clause (iii), and
(v) in subparagraph (E) by striking ``title--
'' and all that follows through ``(ii)'' and
inserting ``title,'',
(C) in paragraph (5)(C) by striking ``paragraphs
(12)(A), (13), and (14)'' and inserting ``paragraphs
(11)(A), (12), and (13)'',
(D) by striking paragraph (6),
(E) in paragraph (7) by inserting ``, including in
rural areas'' before the semicolon at the end,
(F) in paragraph (8)--
(i) in subparagraph (A)--
(I) by striking ``for (i)'' and all
that follows through ``relevant
jurisdiction'', and inserting ``for an
analysis of juvenile crime problems in,
and the juvenile crime control and
delinquency prevention needs (including
educational needs) of, the State'',
(II) by striking ``justice'' the
second place it appears and inserting
``crime control'', and
(III) by striking ``of the
jurisdiction; (ii)'' and all that
follows through the semicolon at the
end, and inserting ``of the State;
and'',
(ii) by amending subparagraph (B) to read as
follows:
``(B) contain--
``(i) a plan for providing needed services for the
prevention and treatment of juvenile delinquency in
rural areas;
``(ii) a plan for providing needed mental health
services to juveniles in the juvenile justice system;
and
``(iii) a plan for providing needed gender-specific
services for the prevention and treatment of juvenile
delinquency;'', and
(iii) by striking subparagraphs (C) and (D),
(G) by amending paragraph (9) to read as follows:
``(9) provide for the coordination and maximum utilization of
exiting juvenile delinquency programs, programs operated by
private agencies, and other related programs (such as
education, special education, recreation, health, and welfare
programs) in the State;'',
(H) in paragraph (10)--
(i) in subparagraph (A) by striking ``,
specifically'' and all that follows through
``array of services'',
(ii) by amending subparagraph (B) to read as
follows:
``(B) programs that assist in holding juveniles
accountable for their actions, including the use of
neighborhood courts or panels that increase victim
satisfaction and require juveniles to make restitution
for the damage caused by their delinquent acts, and of
a system of graduated sanctions for juvenile
delinquents that ensures a sanction for every
delinquent act;'',
(iii) in subparagraph (C) by striking
``juvenile justice'' and inserting ``juvenile
crime control'',
(iv) by amending subparagraph (D) to read as
follows:
``(D) programs that provide treatment to juvenile
offenders who are victims of child abuse or neglect,
and to their families, in order to reduce the
likelihood that such juvenile offenders will commit
subsequent violations of law;'',
(v) in subparagraph (E)--
(I) by redesignating clause (ii) as
clause (iii), and
(II) by striking ``juveniles,
provided'' and all that follows through
``provides; and'', and inserting the
following:
``juveniles--
``(i) to encourage juveniles to remain in
elementary and secondary schools or in
alternative learning situations;
``(ii) to provide services to assist
juveniles in making the transition to the world
of work and self-sufficiency; and'',
(vi) by amending subparagraph (F) to read as
follows:
``(F) expand the use of probation officers in order
to permit nonviolent delinquent juveniles to remain at
home with their families as an alternative to
incarceration or institutionalization and, at the same
time, to ensure that such juveniles follow the terms of
their probation;'',
(vii) by amending subparagraph (G) to read as
follows:
``(G) one-to-one mentoring programs that are designed
to link nonviolent juvenile offenders, particularly
juveniles residing in high-crime areas and juveniles
experiencing educational failure, with responsible
adults (such as law enforcement officers, adults
working with local businesses, and adults working with
community-based organizations and agencies) who are
properly screened and trained;'',
(viii) in subparagraph (H) by striking
``handicapped youth'' and inserting ``juveniles
with disabilities'',
(ix) by amending subparagraph (K) to read as
follows:
``(K) boot camps for juvenile offenders;'',
(x) by amending subparagraph (L) to read as
follows:
``(L) community-based programs and services to work
with juveniles, their parents, and other family members
during and after incarceration in order to strengthen
families so that such juveniles may be retained in
their homes;'',
(xi) by amending subparagraph (M) to read as
follows:
``(M) other activities (such as court-appointed
special advocates) that the State determines will hold
juveniles accountable for their acts and decrease
juvenile involvement in delinquent activities;'',
(xii) by amending subparagraph (N) to read as
follows:
``(N) programs designed to prevent and reduce hate
crimes committed by juveniles;'',
(xiii) in subparagraph (O)--
(I) by striking ``cultural'' and
inserting ``other'', and
(II) by striking the period at the
end and inserting a semicolon, and
(xiv) by adding at the end the following:
``(P) a system, subject to the discretion of the
State, that provides for the treatment as adults for
purposes of prosecution, of juveniles under 18 years of
age who commit an act that would be a violent crime if
committed by an adult;
``(Q) a system of records relating to any
adjudication of juveniles less than 18 years of age who
are adjudicated delinquent for conduct that would be a
violent crime if committed by an adult, that is--
``(i) equivalent to the records that would be
kept of adults arrested for such conduct,
including fingerprints and photographs;
``(ii) submitted to the Federal Bureau of
Investigation in the same manner as adult
records are so submitted;
``(iii) retained for a period of time that is
equal to the period of time records are
retained for adults; and
``(iv) available on an expedited basis to law
enforcement agencies, the courts, and school
officials (and such school officials shall be
subject to the same standards and penalties
that law enforcement and juvenile justice
system employees are subject to under Federal
and State law, for handing and disclosing such
information); and
``(R) programs that utilize multidisciplinary
interagency case management and information sharing,
that enable the juvenile justice and law enforcement
agencies, schools, and social service agencies to make
more informed decisions regarding early identification,
control, supervision, and treatment of juveniles who
repeatedly commit violent or serious delinquent
acts.'',
(I) in paragraph (12)(A)--
(i) by striking ``law).'' and inserting
``law)'', and
(ii) by inserting ``except temporarily and to
the extent necessary to reunite such juveniles
with their parents or legal guardians'' before
the semicolon at the end,
(J) by amending paragraph (13) to read as follows:
``(13) provide that--
``(A) juveniles alleged to be or found to be
delinquent, and juveniles within the purview of
paragraph (11), will not be detained or confined in any
institution in which they have regular contact, or
unsupervised incidental contact, with adults
incarcerated because such adults have been convicted of
a crime or are awaiting trial on criminal charges; and
``(B) there is in effect in the State a policy that
requires individuals who work with both such juveniles
and such adults have been trained to work with
juveniles;'',
(K) by amending paragraph (14) to read as follows:
``(14) provide that no juvenile will be detained or confined
in any jail or lockup for adults except--
``(A) at the election of the State, juveniles who are
convicted as an adult of, or after a determination at a
probable cause hearing are charged as an adult with, a
violent crime; and
``(B) juveniles who are accused of nonstatus
offenses, who are awaiting an initial court appearance
pursuant to a State law requiring such appearance
within 48 hours after being taken into custody
(excluding weekends and holidays), and who are detained
or confined in a jail or lockup--
``(i) in which--
``(I) such juveniles do not have
regular contact, or unsupervised
incidental contact, with adults
incarcerated because such adults have
been convicted of a crime or are
awaiting trial on criminal charges; and
``(II) there is in effect in the
State a policy that requires
individuals who work with both such
juveniles and such adults have been
trained to work with juveniles; and
``(ii) that--
``(I) is located outside a
metropolitan statistical area (as
defined by the Office of Management and
Budget);
``(II) has no existing acceptable
alternative placement available;
``(III) is located where conditions
of distance to be traveled or the lack
of highway, road, or other ground
transportation do not allow for court
appearances within 24 hours so that a
brief (not to exceed 48 hours) delay is
excusable; or
``(IV) is located where conditions of
safety exist (such as severely adverse,
life-threatening weather conditions
that do not allow for reasonably safe
travel), in which case the time for an
appearance may be delayed until 24
hours after the time that such
conditions allow for reasonably safe
travel;'',
(L) in paragraph (15)--
(i) by striking ``paragraph (12)(A),
paragraph (13), and paragraph (14)'' and
inserting ``paragraphs (11)(A), (12), and
(13)'', and
(ii) by striking ``paragraph (12)(A) and
paragraph (13)'' and inserting ``paragraphs
(11)(A) and (12)'',
(M) in paragraph (16) by striking ``mentally,
emotionally, or physically handicapping conditions''
and inserting ``disability'',
(N) by striking paragraph (19),
(O) in paragraph (23)--
(i) by inserting ``, with relevant factors
held constant,'' after ``such proportion'', and
(ii) by striking ``general population;'' and
inserting ``total population of juveniles who
are brought into the juvenile justice system;
and'',
(P) by amending paragraph (24) to read as follows:
``(24) provide that if a juvenile is taken into custody under
a valid court order issued for committing a status offense--
``(A) the appropriate agency that provides child
protective services shall be promptly notified that
such juvenile is held under such order;
``(B) not later than 24 hours after such juvenile is
so taken into custody, an authorized representative of
such agency shall interview, in person, such juvenile;
and
``(C) not later than 72 hours after such juvenile is
so taken into custody--
``(i) such representative shall submit a
recommendation to the court that issued such
order, regarding the proper treatment plan for
such juvenile; and
``(ii) such court shall conduct a hearing to
determine--
``(I) whether there is reasonable
cause to believe that such juvenile
committed such status offense; and
``(II) the appropriate placement of
such juvenile pending disposition of
the status offense that is the subject
of such order.'', and
(Q) by redesignating paragraphs (7), (8), (9), (10),
(11), (12), (13), (14), (15), (16), (17), (18), (20),
(21), (22), (23), (24), and (25) as paragraphs (6)
through (23), respectively,
(2) by amending subsection (c) to read as follows:
``(c) If a State fails to comply with any of the applicable
requirements of paragraphs (11)(A), (13), (14), and (21) of subsection
(a) in any fiscal year beginning after September 30, 1996, then the
amount allocated to such State for the subsequent fiscal year shall be
reduced by not to exceed 12.5 percent for each such paragraph with
respect to which the failure occurs, unless the Administrator
determines that the State--
``(1) has achieved substantial compliance with such
applicable requirements with respect to which the State was not
in compliance; and
``(2) has made, through appropriate executive or legislative
action, an unequivocal commitment to achieving full compliance
with such applicable requirements within a reasonable time.'',
and
(3) in subsection (d)--
(A) by striking ``allotment'' and inserting
``allocation'', and
(B) by striking ``subsection (a) (12)(A), (13), (14)
and (23)'' each place it appears and inserting
``paragraphs (11)(A), (12), (13), and (21) of
subsection (a)''.
SEC. 110. NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY
PREVENTION.
Section 241 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5651) is amended--
(1) in the heading by striking ``justice'' and inserting
``crime control'',
(2) in subsection (a) by striking ``Justice'' the second
place it appears and inserting ``Crime Control'',
(3) in subsections (b) and (c) by striking ``Juvenile
Justice'' and inserting ``Juvenile Crime Control'',
(4) in subsection (d)(2)--
(A) by inserting a comma after ``personnel'' the 1st
place it appears, and
(B) by striking ``personnel,,'' and inserting
``personnel,'', and
(5) in subsection (f)--
(A) in paragraph (1) by striking ``and financial'',
and
(B) in paragraph (2)--
(i) in subparagraph (C) by striking
``justice'' and inserting ``crime control'',
and
(ii) in subparagraph (E) by striking
``justice'' and inserting ``crime control''.
SEC. 111. RESEARCH, DEMONSTRATION, AND EVALUATION FUNCTIONS.
Section 243 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5653) is amended--
(1) in subsection (a)--
(A) by striking ``Justice'' and inserting ``Crime
Control'',
(B) in paragraph (2) by inserting ``, particularly to
prevent serious crimes and violent crimes'' before the
semicolon at the end,
(C) in paragraph (3) by redesignating subparagraphs
(i) and (ii) as subparagraphs (A) and (B),
respectively,
(D) in paragraph (4) by striking ``Encourage'' and
inserting ``encourage'',
(E) by amending paragraph (6) to read as follows:
``(6) provide for the evaluation of--
``(A) programs and interventions designed to prevent
juvenile violence; and
``(B) all other juvenile delinquency programs
assisted under this title;
in order to determine the results and the effectiveness of such
programs and such interventions;'',
(F) in paragraph (7)--
(i) by inserting ``(particularly the
prevention of serious crime and violent
crime)'' after ``delinquency'',
(ii) by amending subparagraph (B) to read as
follows:
``(B) assessments regarding --
``(i) the role of family violence, sexual
abuse or exploitation, drug abuse within the
family, media violence, the improper handling
of juveniles placed in one State by another
State, and the effectiveness of family-centered
treatment programs, special education, remedial
education, and recreation;
``(ii) the extent to which juveniles in the
juvenile justice system are treated differently
on the basis of sex, race, family composition,
past delinquent behavior or family income, and
``(iii) the ramifications of such treatment
on such juveniles and on the recidivism rate of
such juveniles;'',
(iii) in subparagraph (D)--
(I) by striking ``(including'' and
all that follows through
``recreational'', and
(II) by adding ``and'' at the end,
and
(iv) by adding at the end the following:
``(E) examine the nature and extent to which States
have opened juvenile delinquency proceedings, and
records of such proceedings, to the public and the
impact which the opening of such proceedings and
records has on the recidivism rate of juveniles and on
their post-adjudication involvement in school, success
in employment, and relationship with family and
community;'',
(F) by amending paragraphs (10) and (11) to read as
follows:
``(10) support research relating to reducing the proportion
of juveniles detained or confined in secure detention
facilities, secure correctional facilities, jails, and lockups
who are members of minority groups;
``(11) support research related to achieving a better
understanding of the commission of hate crimes by juveniles;'',
(G) in paragraph (12) by inserting ``as such issues
relate to the prevention of juvenile delinquency''
before the semicolon at the end,
(H) by amending paragraph (13) to read as follows:
``(13) support research on--
``(A) the extent, nature, risk and protective
factors, and causes of juvenile violence and juvenile
delinquency; and
``(B) the effectiveness of restitution and graduated
sanctions on reducing juvenile violence and juvenile
delinquency;'', and
(I) by redesignating paragraphs (5), (6), (7), (8),
(9), (10), (11), (12), (13), and (14), as added by
Public Law 102-586 and as amended by this paragraph, as
paragraphs (6) through (15), respectively, and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``subsection
(a)(8)'' and inserting ``subsection (a)(9)'', and
(B) in paragraph (2) by striking ``subsection
(a)(9)'' and inserting ``subsection (a)(10)''.
SEC. 112. TECHNICAL ASSISTANCE AND TRAINING FUNCTIONS.
Section 244 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5654) is amended--
(1) by striking ``Justice'' and inserting ``Crime Control'',
(2) in paragraph (2) by striking ``(including juveniles who
commit hate crimes)'', and
(3) in paragraph (3)--
(A) by inserting a comma after ``judges'',
(B) by inserting a comma after ``prosecutors'', and
(C) by striking ``attorneys,,'' and inserting
``attorneys,''.
SEC. 113. ESTABLISHMENT OF TRAINING PROGRAM.
Section 245 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5655) is amended--
(1) in the 1st sentence of subsection (a) by striking ``,
including'' and all that follows through ``juveniles'', and
(2) in subsection (b)--
(A) by striking ``persons associated with law-related
education,'',
(B) by striking ``and representatives'' and inserting
``representatives'', and
(C) by inserting ``, and such other individuals as
the Administrator considers to be appropriate'' before
the period at the end.
SEC. 114. CURRICULUM FOR TRAINING PROGRAM.
The last sentence of section 246 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5660) is amended by
striking ``and shall'' and all that follows through ``crimes''.
SEC. 115. SPECIAL STUDIES AND REPORTS.
Section 248 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5662) is repealed.
SEC. 116. GRANTS AND CONTRACTS FOR SPECIAL EMPHASIS PREVENTION AND
TREATMENT PROGRAMS.
Section 261 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5665) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``shall,'' and all that
follows through ``contracts with'', and
inserting ``may, on a competitive basis, make
grants to and contracts with'', and
(ii) by striking ``each'' the 1st place it
appears and inserting ``any'',
(B) in paragraph (2) by inserting ``activities to
ensure juvenile accountability for nonviolent criminal
activities,'' after ``including'',
(C) in paragraph (3) by striking ``and the quality of
legal representation for such juveniles'',
(D) by striking paragraphs (4), (7), and (8),
(E) in paragraph (9) by striking ``, including--''
and all that follows through ``to incarceration'', and
(F) by redesignating paragraphs (5), (6), and (9) as
paragraphs (4), (5), and (6), respectively,
(2) in subsection (b)--
(A) in the matter preceding paragraph (1) by striking
``(b)'' and all that follows through ``to--'',
(B) in paragraph (1)--
(i) by striking ``(1) improve'' and inserting
``(7) Improving'', and
(ii) by striking the semicolon at the end and
inserting a period,
(C) in paragraph (2)--
(i) by striking ``(2) develop and implement''
and inserting ``(8) Developing and
implementing'', and
(ii) by striking the semicolon at the end and
inserting a period,
(D) in paragraph (3)--
(i) by striking ``(3) develop, implement, and
support'' and inserting ``(9) Developing,
implementing, and supporting'', and
(ii) by striking the semicolon at the end and
inserting a period,
(E) by striking paragraph (4),
(F) in paragraph (5)--
(i) by striking ``(5) develop and implement''
and inserting ``(10) Developing and
implementing``, and
(ii) by striking the semicolon at the end and
inserting a period,
(G) in paragraph (6)--
(i) by striking ``(6) develop'' and inserting
``(11) Developing'', and
(ii) by striking ``to--'' and all that
follows through ``(B)'', and inserting ``to'',
and
(iii) by striking ``; or'' and all that
follows through ``involved'', and
(H) in paragraph (7) by striking ``(7) develop and
implement'' and inserting ``(12) Developing and
implementing'',
(3) by striking subsections (c) and (d),
(4) in subsection (e) by striking ``the Trust Territory of
the Pacific Islands,'', and
(5) by redesignating subsection (e) and (f) as subsections
(b) and (c), respectively.
SEC. 117. CONSIDERATIONS FOR APPROVAL OF APPLICATIONS.
Section 262 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5665a) is amended--
(1) in subsection (c)--
(A) in paragraph (1) by inserting ``, and the
potential for success,'' after ``effectiveness'',
(B) by striking paragraphs (4) and (5), and inserting
the following:
``(4) the extent to which such program serves communities
that have high rates of juvenile delinquency, violent juvenile
crime, dropping out of school, high rates of unemployment among
juveniles no longer attending elementary or secondary school,
and juvenile participation in gangs; and'', and
(C) by redesignating paragraph (6) as paragraph (5),
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking subparagraph (B),
(ii) in subparagraph (A) by redesignating
clauses (i), (ii), and (iii) as subparagraphs
(A), (B), and (C), respectively, and
(iii) by striking ``(1)(A)'' and inserting
``(1)'',
(B) in paragraph (2)--
(i) by striking ``(2)(A)'' and inserting
``(2)'', and
(ii) by striking subparagraph (B), and
(C) by striking paragraph (3), and
(3) by amending subsection (f) to read as follows:
``(f) Information on grants and contacts made available under this
part shall be made available by the Administrator on request to the
Chairman of the Committee on Economic and Educational Opportunities of
the House of Representatives and to the Chairman of the Committee on
the Judiciary of the Senate.''.
SEC. 118. GANG-FREE SCHOOLS AND COMMUNITIES.
Part D of title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5667-5667d) is amended to read as follows:
``PART D--GANG-FREE SCHOOLS AND COMMUNITIES
``SEC. 271. AUTHORIZATION OF GRANTS.
``The Administrator may make grants to, or contracts with, public and
nonprofit private agencies and organizations to establish and carry out
programs designed to prevent and reduce the participation of juveniles
in gangs that commit crimes (particularly violent crimes), that
unlawfully use firearms and other weapons, or that unlawfully traffic
in drugs. Such programs may be school- or community-based and shall
involve, to the extent practicable, families and other community
members, such as law enforcement personnel and members of the business
community, in the activities conducted under such programs. Such
programs may include--
``(1) educational activities that strengthen a juvenile's
ties to the school and the community;
``(2) mentoring projects;
``(3) job training and other activities that provide
juveniles with the skills necessary to become productive
members of society;
``(4) projects that coordinate services to be provided to
juveniles and their families, including educational services,
substance abuse treatment services, health and mental health
services, and other social services;
``(5) projects to prevent gang-related activities from
endangering the safety of students and disrupting the learning
environment in elementary and secondary schools;
``(6) projects that involve local law enforcement personnel
in gang prevention and intervention activities, particularly
activities that focus on preventing the unlawful use of
firearms;
``(7) effective substance abuse treatment for juveniles in
such gangs, and other interventions to reduce rates of drug
abuse recidivism and gang participation; and
``(8) such other projects and activities related to the
prevention of juvenile participation in gangs that commit
crimes (particularly violent crimes), that unlawfully use
firearms and other weapons, or that unlawfully traffic in
drugs.
``SEC. 272. APPLICATIONS.
``(a) Submission of Applications.--Applications for grants and
contracts under section 271 shall be submitted to the Administrator and
shall--
``(1) describe the program to be carried out with a grant or
contract made under such subsection; and
``(2) contain such other information and assurances as the
Administrator may require.
``(b) Selection of Applications for Approval.--From among
applications submitted in accordance with subsection (a), the
Administrator shall--
``(1) approve applications for grants and contracts to carry
out programs in both urban and rural areas, in locations where
juvenile gang-related, drug-related, and firearm-related crime
is frequent and serious; and
``(2) give priority to applications for grants and contracts
to carry out programs that have the greatest potential for
success, private sector support, and broad-based community
support.''.
SEC. 119. STATE CHALLENGE ACTIVITIES.
Part E of title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5667c) is repealed.
SEC. 120. REPEALERS.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.) is amended--
(1) by striking parts F, G, and H,
(2) by striking part I, as added by section 2(i)(1)(C) of
Public Law 102-586 (106 Stat. 5006), and
(3) by redesignating part I, as so redesignated by section
2(i)(1)(A) of Public Law 102-586 (106 Stat. 5006), as part E.
SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5671) is amended--
(1) by striking subsection (e), and
(2) by striking subsections (a), (b), and (c), and inserting
the following:
``(a) There are authorized to be appropriated to carry out this title
(other than part D) $225,000,000 for fiscal year 1997 and such sums as
may be appropriate for fiscal years 1998, 1999, and 2000.
``(b) There are authorized to be appropriated to carry out part D
$10,000,000 for fiscal year 1997 and such sums as may be appropriate
for fiscal years 1998, 1999, and 2000.
``(c) Of such sums as are appropriated for a fiscal year to carry out
this title (other than part D)--
``(1) not to exceed 5 percent or $5,000,000, whichever is
less, shall be available to carry out part A;
``(2) not less than 70 percent shall be available to carry
out part B; and
``(3) 25 percent or $25,000,000, whichever is less, shall be
available to carry out part C.''.
SEC. 122. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5672) is amended--
(1) in subsection (d) by striking ``as are consistent with
the purpose of this Act'' and inserting ``only to the extent
necessary to ensure that there is compliance with the specific
requirements of this title, but the Administrator may not
establish rules, regulations, or procedures applicable to
compliance with paragraphs (11)(A), (13), (14), or (21) of
section 223(a)'', and
(2) by adding at the end the following:
``(e) If a State requires by law compliance with the requirements
described in paragraphs (11)(A), (12), and (13) of section 223(a), then
for the period such law is in effect in such State--
``(1) such State shall be deemed to satisfy such
requirements; and
``(2) the Administrator may not evaluate or require
compliance with such paragraphs.''.
SEC. 123. USE OF FUNDS.
Section 299C of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5674) is amended--
(1) in subsection (a)--
(A) by striking ``may be used for'',
(B) in paragraph (1) by inserting ``may be used for''
after ``(1)'', and
(C) by amending paragraph (2) to read as follows:
``(2) may not be used for the cost of construction of any
facility, except not more than 10 percent of the funds received
under this title by a State for a fiscal year may be used for
the purpose of renovating community-based juvenile
facilities.'',
(2) by striking subsection (b), and
(3) by redesignating subsection (c) as subsection (b).
SEC. 124. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Technical Amendments.--The Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended--
(1) in section 202(b) by striking ``prescribed for GS--18 of
the General Schedule by section 5332'' and inserting ``payable
under section 5376'',
(2) in the heading for subpart I of part C of title II by
striking ``Justice'' and inserting ``Crime Control'', and
(3) by striking titles IV and V, as originally enacted by
Public Law 93-415 (88 Stat. 1132-1143).
(b) Conforming Amendments.--(1) Section 5315 of title 5 of the United
States Code is amended by striking ``Office of Juvenile Justice and
Delinquency Prevention'' and inserting ``Office of Juvenile Crime
Control and Delinquency Prevention''.
(2) Section 4351(b) of title 18 of the United States Code is amended
by striking ``Office of Juvenile Justice and Delinquency Prevention''
and inserting ``Office of Juvenile Crime Control and Delinquency
Prevention''.
(3) Subsections (a)(1) and (c) of section 3220 of title 39 of the
United States Code is amended by striking ``Office of Juvenile Justice
and Delinquency Prevention'' each place it appears and inserting
``Office of Juvenile Crime Control and Delinquency Prevention''.
(4) Section 463(f) of the Social Security Act (42 U.S.C. 663(f)) is
amended by striking ``Office of Juvenile Justice and Delinquency
Prevention'' and inserting ``Office of Juvenile Crime Control and
Delinquency Prevention''.
(5) Sections 801(a), 804, 805, and 813 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712(a), 3782,
3785, 3786, 3789i) are amended by striking ``Office of Juvenile Justice
and Delinquency Prevention'' each place it appears and inserting
``Office of Juvenile Crime Control and Delinquency Prevention''.
(6) The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.)
is amended--
(A) in sections 217 and 222 by striking ``Office of Juvenile
Justice and Delinquency Prevention'' each place it appears and
inserting ``Office of Juvenile Crime Control and Delinquency
Prevention'',
(B) in section 214(b)(1) by striking ``262, 293, and 296 of
subpart II of title II'' and inserting ``299B and 299E'', and
(C) in section 223(c) by striking ``section 262, 293, and
296'' and inserting ``sections 262, 299B, and 299E''.
(7) The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is
amended--
(A) in section 403(2) by striking ``Justice and Delinquency
Prevention'' and inserting ``Crime Control and Delinquency
Prevention'', and
(B) in subsections (a)(5)(E) and (b)(1)(B) of section 404 by
striking ``section 313'' and inserting ``section 331''.
TITLE II--AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH
SEC. 201. FINDINGS.
Section 302 of the Runaway and Homeless Youth Act (42 U.S.C. 5701) is
amended--
(1) in paragraph (5) by striking ``accurate reporting of the
problem nationally'' and inserting ``an accurate national
reporting system to report the problem,'', and
(2) by amending paragraph (8) to read as follows:
``(8) services for runaway and homeless youth are needed in
urban, suburban and rural areas;''.
SEC. 202. AUTHORITY TO MAKE GRANTS FOR CENTERS AND SERVICES.
Section 311 of the Runaway and Homeless Youth Act (42 U.S.C. 5711) is
amended--
(1) by amending subsection (a) to read as follows:
``(a)(1) The Secretary shall make grants to public and nonprofit
private entities (and combinations of such entities) to establish and
operate (including renovation) local centers to provide services for
runaway and homeless youth and for the families of such youth.
``(2) Such services--
``(A) shall be provided as an alternative to involving
runaway and homeless youth in the law enforcement, child
welfare, mental health, and juvenile justice systems;
``(B) shall include--
``(i) safe and appropriate shelter; and
``(ii) individual, family, and group counseling, as
appropriate; and
``(C) may include--
``(i) street-based services;
``(ii) home-based services for families with youth at
risk of separation from the family; and
``(iii) drug abuse education and prevention
services.'',
(2) in subsection (b)--
(A) in paragraph (2) by striking ``the Trust
Territory of the Pacific Islands,'', and
(B) by striking paragraph (4), and
(3) by striking subsections (c) and (d).
SEC. 203. ELIGIBILITY.
Section 312 of the Runaway and Homeless Youth Act (42 U.S.C. 5712) is
amended--
(1) in subsection (b)--
(A) in paragraph (8) by striking ``paragraph (6)''
and inserting ``paragraph (7)'',
(B) in paragraph (10) by striking ``and'' at the
end'',
(C) in paragraph (11) by striking the period at the
end and inserting ``; and'', and
(D) by adding at the end the following:
``(12) shall submit to the Secretary an annual report that
includes--
``(A) information regarding the activities carried
out under this part;
``(B) the achievements of the project under this part
carried out by the applicant; and
``(C) statistical summaries describing the number and
the characteristics of the runaway and homeless youth,
and youth at risk of family separation, who participate
in the project;
in the year for which the report is submitted.'', and
(3) by striking subsections (c) and (d) and inserting the
following:
``(c) To be eligible to use assistance under section 311(a)(2)(C)(i)
to provide street-based services, the applicant shall include in the
plan required by subsection (b) assurances that in providing such
services the applicant will--
(1) provide qualified supervision of staff, including on-
street supervision by appropriately trained staff;
``(2) provide backup personnel for on-street staff;
``(3) provide initial and periodic training of staff who
provide such services; and
``(4) conduct outreach activities for runaway and homeless
youth, and street youth.
``(d) To be eligible to use assistance under section 311(a) to
provide home-based services described in section 311(a)(2)(C)(ii), an
applicant shall include in the plan required by subsection (b)
assurances that in providing such services the applicant will--
``(1) provide counseling and information to youth and the
families (including unrelated individuals in the family
households) of such youth, including services relating to basic
life skills, interpersonal skill building, educational
advancement, job attainment skills, mental and physical health
care, parenting skills, financial planning, and referral to
sources of other needed services;
``(2) provide directly, or through an arrangement made by the
applicant, 24-hour service to respond to family crises
(including immediate access to temporary shelter for runaway
and homeless youth, and youth at risk of separation from the
family);
``(3) establish, in partnership with the families of runaway
and homeless youth, and youth at risk of separation from the
family, objectives and measures of success to be achieved as a
result of receiving home-based services;
``(4) provide initial and periodic training of staff who
provide home-based services; and
``(5) ensure that--
(A) caseloads will remain sufficiently low to allow
for intensive (5 to 20 hours per week) involvement with
each family receiving such services; and
(B) staff providing such services will receive
qualified supervision.
``(e) To be eligible to use assistance under section
311(a)(2)(C)(iii) to provide drug abuse education and prevention
services, an applicant shall include in the plan required by subsection
(b)--
``(1) a description of--
``(A) the types of such services that the applicant
proposes to provide;
``(B) the objectives of such services; and
``(C) the types of information and training to be
provided to individuals providing such services to
runaway and homeless youth; and
``(2) an assurance that in providing such services the
applicant shall conduct outreach activities for runaway and
homeless youth.''.
SEC. 204. APPROVAL OF APPLICATIONS.
Section 313 of the Runaway and Homeless Youth Act (42 U.S.C. 5713) is
amended to read as follows:
``approval of applications
``Sec. 313. (a) An application by a public or private entity for a
grant under section 311(a) may be approved by the Secretary after
taking into consideration, with respect to the State in which such
entity proposes to provide services under this part--
``(1) the geographical distribution in such State of the
proposed services under this part for which all grant
applicants request approval; and
``(2) which areas of such State have the greatest need for
such services.
``(b) The Secretary shall, in considering applications for grants
under section 311(a), give priority to--
``(A) eligible applicants who have a demonstrated experience
in providing services to runaway and homeless youth; and
``(B) eligible applicants that request grants of less than
$200,000.''.
SEC. 205. AUTHORITY FOR TRANSITIONAL LIVING GRANT PROGRAM.
Section 321 of the Runaway and Homeless Youth Act (42 U.S.C. 5714-1)
is amended--
(1) in the heading by striking ``purpose and'',
(2) in subsection (a) by striking ``(a)'', and
(3) by striking subsection (b).
SEC. 206. AUTHORITY TO MAKE GRANTS FOR RESEARCH, EVALUATION,
DEMONSTRATION, AND SERVICE PROJECTS.
Section 343 of the Runaway and Homeless Youth Act (42 U.S.C. 5714-23)
is amended--
(1) in the heading of such section by inserting
``evaluation,'' after ``research,'',
(2) in subsection (a) by inserting ``evaluation,'' after
``research,'', and
(3) in subsection (b)--
(A) by striking paragraph (2), and
(B) by redesignating paragraphs (3) through (10) as
paragraphs (2) through (9), respectively.
SEC. 207. TEMPORARY DEMONSTRATION PROJECTS TO PROVIDE SERVICES TO YOUTH
IN RURAL AREAS.
Section 344 of the Runaway and Homeless Youth Act (42 U.S.C. 5714a)
is repealed.
SEC. 208. SEXUAL ABUSE PREVENTION PROGRAM.
Section 40155 of the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322; 108 Stat. 1922) is amended to read as
follows:
``SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF
RUNAWAY, HOMELESS, AND STREET YOUTH.
``(a) Authority for Program.--The Runaway and Homeless Youth Act (42
U.S.C. 5701 et seq.) is amended--
``(1) by striking the heading for part F,
``(2) by redesignating part E as part F, and
``(3) by inserting after part D the following:
`` `Part E--Sexual Abuse Prevention Program
`` `authority to make grants
`` `Sec. 351. (a) The Secretary may make grants to nonprofit private
agencies for the purpose of providing street-based services to runaway
and homeless, and street youth, who have been subjected to, or are at
risk of being subjected to, sexual abuse.
`` `(b) In selecting applicants to receive grants under subsection
(a), the Secretary shall give priority to nonprofit private agencies
that have experience in providing services to runaway and homeless, and
street youth.',
``(b) Authorization of Appropriations.--Section 389 of the Runaway
and Homeless Youth Act (42 U.S.C. 5751), as amended by section 212 of
the Juvenile Crime Control and Delinquency Prevention Act of 1996, is
amended by adding at the end the following:
`` `(c) There are authorized to be appropriated to carry out part E
such sums as may be necessary for fiscal years 1997, 1998, 1999, and
2000.' ''.
SEC. 209. ASSISTANCE TO POTENTIAL GRANTEES.
Section 371 of the Runaway and Homeless Youth Act (42 U.S.C. 5714a)
is amended by striking the last sentence.
SEC. 210. REPORTS.
Section 381 of the Runaway and Homeless Youth Act (42 U.S.C. 5715) is
amended to read as follows:
``reports
``Sec. 381. (a) Not later than April 1, 1998, and at 2-year intervals
thereafter, the Secretary shall submit, to the Committee on Economic
and Educational Opportunities of the House of Representatives and the
Committee on the Judiciary of the Senate, a report on the status,
activities, and accomplishments of entities that receive grants under
parts A, B, C, D, and E, with particular attention to--
``(1) in the case of centers funded under part A, the ability
or effectiveness of such centers in--
``(A) alleviating the problems of runaway and
homeless youth;
``(B) if applicable or appropriate, reuniting such
youth with their families and encouraging the
resolution of intrafamily problems through counseling
and other services;
``(C) strengthening family relationships and
encouraging stable living conditions for such youth;
and
``(D) assisting such youth to decide upon a future
course of action; and
``(2) in the case of projects funded under part B--
``(A) the number and characteristics of homeless
youth served by such projects;
``(B) the types of activities carried out by such
projects;
``(C) the effectiveness of such projects in
alleviating the problems of homeless youth;
``(D) the effectiveness of such projects in preparing
homeless youth for self-sufficiency;
``(E) the effectiveness of such projects in assisting
homeless youth to decide upon future education,
employment, and independent living;
``(F) the ability of such projects to encourage the
resolution of intrafamily problems through counseling
and the development of self-sufficient living skills;
and
``(G) activities and programs planned by such
projects for the following fiscal year.
``(b) The Secretary shall include in the report required by
subsection (a) summaries of--
``(1) the evaluations performed by the Secretary under
section 386; and
``(2) descriptions of the qualifications of, and training
provided to, individuals involved in carrying out such
evaluations.''.
SEC. 211. EVALUATION.
Section 384 of the Runaway and Homeless Youth Act (42 U.S.C. 5731) is
amended to read as follows:
``evaluation and information
``Sec. 384. (a) If an grantee receives grants for 3 consecutive
fiscal years under part A, B, C, D, or E (in the alternative), then the
Secretary shall evaluate such grantee on-site, not less frequently than
once in the period of such 3 consecutive fiscal years, for purposes
of--
``(1) determining whether such grants are being used for the
purposes for which such grants are made by the Secretary;
``(2) collecting additional information for the report
required by section 383; and
``(3) providing such information and assistance to such
grantee as will enable such grantees to improve the operation
of the centers, projects, and activities for which such grants
are made.
``(b) Recipients of grants under this title shall cooperate with the
Secretary's efforts to carry out evaluations, and to collect
information, under this title.''.
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
Section 385 of the Runaway and Homeless Youth Act (42 U.S.C. 5751) is
amended to read as follows:
``authorization of appropriations
``Sec. 389. (a)(1) There are authorized to be appropriated to carry
out this title (other than part E) $60,000,000 for fiscal year 1997 and
such sums as may be necessary for each of the fiscal years 1998, 1999,
and 2000.
``(2)(A) From the amount appropriated under paragraph (1) for a
fiscal year, the Secretary shall reserve not less than 90 percent to
carry out parts A and B.
``(B) Of the amount reserved under subparagraph (A), not less than 20
percent, and not more than 25 percent, shall be reserved to carry out
part B.
``(3) After reserving the amounts required by paragraph (2), the
Secretary shall reserve the remaining amount (if any) to carry out
parts C and D.
``(b) No funds appropriated to carry out this title may be combined
with funds appropriated under any other Act if the purpose of combining
such funds is to make a single discretionary grant, or a single
discretionary payment, unless such funds are separately identified in
all grants and contracts and are used for the purposes specified in
this title.''.
SEC. 213. CONSOLIDATED REVIEW OF APPLICATIONS.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is
amended by inserting after section 384 the following:
``consolidated review of applications
``Sec. 385. With respect to funds available to carry out parts A, B,
C, D, and E, nothing in this title shall be construed to prohibit the
Secretary from--
``(1) announcing, in a single announcement, the availability
of funds for grants under 2 or more of such parts; and
``(2) reviewing applications for grants under 2 or more of
such parts in a single, consolidated application review
process.''.
SEC. 214. DEFINITIONS.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is
amended by inserting after section 385, as added by section 213, the
following:
``definitions
``Sec. 386. For the purposes of this title:
``(1)(A) The term `drug abuse education and prevention
services'--
``(A) means services to runaway and homeless youth to
prevent or reduce the illicit use of drugs by such
youth; and
``(B) may include--
``(i) individual, family, group, and peer
counseling;
``(ii) drop-in services;
``(iii) assistance to runaway and homeless
youth in rural areas (including the development
of community support groups);
``(iv) information and training relating to
the illicit use of drugs by runaway and
homeless youth, to individuals involved in
providing services to such youth; and
``(v) activities to improve the availability
of local drug abuse prevention services to
runaway and homeless youth.
``(2) The term `home-based services'--
``(A) means services provided to youth and their
families for the purpose of--
``(i) preventing such youth from running
away, or otherwise becoming separated, from
their families; and
``(ii) assisting runaway youth to return to
their families; and
``(B) includes services that are provided in the
residences of families (to the extent practicable),
including--
``(i) intensive individual and family
counseling; and
``(ii) training relating to life skills and
parenting.
``(3) The term `homeless youth' means an individual--
``(A) who is--
``(i) not more than 21 years of age; and
``(ii) for the purposes of part B, not less
than 16 years of age;
``(B) for whom it is not possible to live in a safe
environment with a relative; and
``(C) who has no other safe alternative living
arrangement.
``(4) The term `street-based services'--
``(A) means services provided to runaway and homeless
youth, and street youth, in areas where they
congregate, designed to assist such youth in making
healthy personal choices regarding where they live and
how they behave; and
``(B) may include--
``(i) identification of and outreach to
runaway and homeless youth, and street youth;
``(ii) crisis intervention and counseling;
``(iii) information and referral for housing;
``(iv) information and referral for
transitional living and health care services;
``(v) advocacy, education, and prevention
services related to--
``(I) alcohol and drug abuse;
``(II) sexually transmitted diseases,
including the human immunodeficiency
virus (HIV); and
``(III) physical and sexual assault.
``(5) The term `street youth' means an individual who--
``(A) is--
``(i) a runaway youth; or
``(ii) indefinitely or intermittently a
homeless youth; and
``(B) spends a significant amount of time on the
street or in other areas which increase the exposure of
such youth to sexual abuse.
``(6) The term `transitional living youth project' means a
project that provides shelter and services designed to promote
a transition to self-sufficient living and to prevent long-term
dependency on social services.
``(7) The term `youth at risk of separation from the family'
means an individual--
``(A) who is less than 18 years of age; and
``(B)(i) who has a history of running away from the
family of such individual;
``(ii) whose parent, guardian, or custodian is not
willing to provide for the basic needs of such
individual; or
``(iii) who is at risk of entering the child welfare
system or juvenile justice system as a result of the
lack of services available to the family to meet such
needs.''.
SEC. 215. REDESIGNATION OF SECTIONS.
Sections 371, 372, 381, 382, 383, 384, 385, and 386 of the Runaway
and Homeless Youth Act (42 U.S.C. 5714b-5851 et seq.), as amended by
this title, are redesignated as sections 381, 382, 383, 384, 385, 386,
387, and 388, respectively.
SEC. 216. TECHNICAL AMENDMENT.
Section 331 of the Runaway and Homeless Youth Act (42 U.S.C. 5701 et
seq.) is amended in the 1st sentence by striking ``With'' and all that
follows through ``the Secretary'', and inserting ``The Secretary''.
TITLE III--AMENDMENTS TO THE MISSING CHILDREN'S ASSISTANCE ACT
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Section 408 of the Missing Children's Assistance Act (42 U.S.C. 5777)
is amended by striking ``1993, 1994, 1995, and 1996'' and inserting
``1997, 1998, 1999, and 2000''.
SEC. 302. SPECIAL STUDY AND REPORT.
Section 409 of the Missing Children's Assistance Act (42 U.S.C. 5778)
is repealed .
TITLE IV--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
SEC. 401. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.
Section 504 of the Incentive Grants for Local Delinquency Prevention
Programs Act (42 U.S.C. 5783) is amended--
(1) in paragraph (2) by striking ``(including'' and all that
follows through ``development)'', and
(2) in paragraph (4) by striking ``Education and Labor'' and
inserting ``Economic and Educational Opportunities''.
SEC. 402. GRANTS FOR PREVENTION PROGRAMS.
Section 505 of the Incentive Grants for Local Delinquency Prevention
Programs Act (42 U.S.C. 5784) is amended--
(1) in subsection (a)--
(A) by striking ``through the State advisory group
to'' and inserting ``to assist'',
(B) by amending paragraph (1) to read as follows:
``(1) the teaching that people are and should be held
accountable for their actions;'',
(C) in paragraph (5) by inserting ``and'' at the end,
(D) by amending paragraph (6) to read as follows:
``(6) recreation services.'', and
(E) by striking paragraph (7),
(2) in subsection (b)--
(A) by striking paragraph (1),
(B) by amending paragraph (2) to read as follows:
``(1) the unit has submitted to the State the unit's plan
outlining delinquency prevention and early intervention
activities;'',
(C) by striking paragraphs (3) and (4), and
(D) by redesignating paragraphs (5), (6), and (7) as
paragraphs (2), (3), and (4), respectively, and
(3) in subsection (c)--
(A) by striking ``Administrator'' and inserting
``State'',
(B) in paragraph (2) by striking ``and'' at the end,
and
(C) by striking paragraph (3) and inserting the
following:
``(3) providing services that prevent juvenile involvement in
delinquent activities; and
``(4) securing private sector support and that have private
sector support.''.
SEC. 403. REPEAL OF DEFINITION.
The Incentive Grants for Local Delinquency Prevention Programs Act
(42 U.S.C. 5781 et seq.) is amended--
(1) by striking section 503, and
(2) by redesignating sections 504 and 505 as sections 503 and
504, respectively.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
Section 506 of the Incentive Grants for Local Delinquency Prevention
Programs Act (42 U.S.C. 5785) is amended to read as follows:
``SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$20,000,000 for fiscal year 1997 and such sums as may be appropriate
for fiscal years 1998, 1999, and 2000.''.
TITLE V--GENERAL PROVISIONS
SEC. 501. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act shall
apply only with respect to fiscal years beginning after September 30,
1996.
Purpose
The purpose of this Act is to assist State and local
governments in their efforts to reduce juvenile crime through
the funding of prevention programs and activities which hold
juveniles accountable for their actions. The Act also provides
technical assistance, research and dissemination of information
on effective programs for combating juvenile crime to State and
local governments. Additionally, the Act provides assistance to
State and local governments to help address the problems of
runaway and homeless youth, in particular, crisis residential
care. The Act also assists in the development of programs for
the recovery of missing and exploited children.
Committee Action
Subcommittee on Early Childhood, Youth and Families held
four hearings for the purposes of considering and reviewing the
authorization of the Juvenile Justice and Delinquency
Prevention Act.
The first of the four hearings was held on March 28, 1996
in Washington, D.C. The witnesses were as follows: Linda
O'Neal, Executive Director, Tennessee Commission on Children
and Youth, Nashville, TN; Jerry Kilgore, VA Secretary of Public
Safety, Richmond, VA; David Lehman, Chief Probation Officer,
Eureka, CA; Lt. Dale Patch, Criminal Investigations Division,
Des Moines Police Department, Des Moines, IA; James C.
Backstrom, Dakota County Attorney, Hastings, MN; Neal Stanley
in care of Judge Glenda Hatchett, Chief Judge, Fulton County
Juvenile Court, Atlanta, GA; Paul Watson, Executive Director,
San Diego Youth and Community Services, San Diego, CA; Tara
Jesse, Resident of Take Wing Transitional Living Program, San
Diego, CA; Tara Gilmartin, Senior Peer Counselor Supervisor,
The Sanctuary, Inc., Royal Oak, MI; Virginia Price, Chair of
the National Council on Youth Policy and Clinical Director,
Bridge Over Troubled Waters; Boston, MA.
The second hearing, which focused on youth violence and
gangs, was held in Washington D.C. on April 30, 1996.
Testifying at the April 30 hearing were: Rep. Bill McCollum of
Florida; Rep. Maxine Waters of California; Tom Corbett,
Attorney General, Commonwealth of Pennsylvania, Harrisburg, PA;
Bobby Moody, Chief of Police, Covington, GA; Sidney Rosen,
Adult Friends for Youth, Honolulu, HI; Lavonda Taylor; National
Coalition of Juvenile Justice, West Memphis, AZ; Ira Schwartz,
Dean of Social Work, University of Pennsylvania, Philadelphia,
PA; Richard Wertz; Senior National Director, Justice
Fellowship, Washington, D.C.
The third hearing, which focused on prevention programs,
was held in Washington, D.C. on May 8, 1996. Testifying at the
May 8 hearing were: Mr. Jim Braun, Executive Director, Youth in
Need, St. Charles, MO; Michelle Wallis, Youth Vice Chair,
National Network on Youth Policy and a Youth Volunteer with
Youth in Need, St. Charles, MO; David Gilgoff, Executive
Director, Valley Youth House, Allentown, PA; Lt. Jim Cervera,
Community Police Project Coordinator, Virginia Beach Police
Department, Virginia Beach, VA; Bill Long, Chief Probation
Officer, York County, PA; Frank Buchum, Chairman, Missouri
Juvenile Justice Advisory Group, Farmington, MO; Dr. Helen
Chaset, Coordinator of Community and School Age Services,
Montgomery County, Rockville, MD.
The fourth hearing was held in San Diego, California on May
13, 1996. Testifying at the May 13 hearing were: Judge James
Milliken, Presiding Judge, Juvenile Court, San Diego, CA;
Ronald Roberts, Chairman, San Diego Board of Supervisors, San
Diego, CA; Alan Crogan, Chief Probation Officer, San Diego
County, San Diego, CA; Jess Valenzuela, Director of Parks and
Recreation, Chula Vista, CA; Kathy Lembo, Executive Director,
South Bay Community Services, Chula Vista, CA; Janine Mason
Barone, Fieldstone Foundation, San Diego, CA; Robert Fellneth,
Executive Director, University of San Diego School of Law, San
Diego, CA.
Legislative Action
On July 25, 1996, the Subcommittee on Early Childhood Youth
and Families reported H.R. 3876, ``The Juvenile Crime Control
and Delinquency Prevention Act of 1996'', as amended by voice
vote. At the markup's conclusion, Chairman Randy ``Duke''
Cunningham (R-CA) and Representative Robert Scott (D-VA)
verbally agreed that majority and minority staff should
continue working together in an effort to resolve outstanding
issues before full-committee mark-up.
On August 1 and August 2, 1996, the Committee on Economic
and Educational Opportunities assembled to consider H.R. 3876.
Representative Cunningham, Subcommittee Chairman for the Early
Childhood, Youth, and Families Subcommittee offered an
amendment in the nature of a substitute. The Substitute
incorporated several suggestions from the minority. Further
amendments to the amendment in the nature of the substitute
were accepted and the Committee adopted the amendment in the
nature of a substitute, as amended. H.R. 3876 was favorably
reported out of Committee on August 2, 1996 by a recorded vote
of 23-2.
Background and Need for Legislation
juvenile justice
Program history
The Juvenile Justice and Delinquency Prevention Act of 1974
(P.L. 93-415) inaugurated a comprehensive effort to address the
increase in juvenile crime during that time period. The Act
created an Office of Juvenile Justice and Delinquency
Prevention, (OJJDP), in the Department of Justice. OJJDP
administers grants for the purposes of improving the juvenile
justice system and preventing juvenile delinquency. In addition
to establishing OJJDP, the Act created the National Institute
for Juvenile Justice and Delinquency Prevention to serve as an
information and training center. It also established a smaller
assistance program for Runaway Youth in the Department of
Health, Education and Welfare (now Health and Human Services).
In 1984, Congress expanded the 1974 Act by authorizing the
Missing Children's Assistance Program (P.L. 98-473).
When Congress enacted the Juvenile Justice and Delinquency
Prevention Act of 1974, it chose a course similar to that of
State reforms. The Act required that States separate juveniles
from adults in secure facilities in order to be eligible for
Federal formula grant monies. It placed a major emphasis on
diverting youth from the legal system and placing them in
community-based treatment centers.
As Congress reauthorized the Act in 1977, 1980, 1984 and
1988, five policy changes occurred: (1) the position of the
Administrator of OJJDP within the Department of Justice, (2)
juveniles were required to be removed from adult jails and
lockups; (3) judges were required to issue a ``valid court
order,'' to hold a status offender in a secure facility--this
was in an effort to redirect status offenders from secure
lockups to community-based facilities; (4) renewed emphasis was
placed on strengthening and maintaining family values; and, (5)
additional emphasis was placed on the prevention and control of
serious juvenile offenses and youth gangs,
The 1977 and 1980 reauthorization enhanced the authority of
the head of OJJDP by removing the position from within the Law
Enforcement Assistance Administration (LEAA), and placing it
under the general authority of the Attorney General.
The removal of youth from adult detention centers, a theme
that appeared in the 1980, 1984, and 1988 reauthorizations,
went beyond the 1974 Act's mandate for the separation of
juveniles from adults in secure facilities. The first
reauthorization required States to remove juveniles from all
adult detention centers in order to be eligible for OJJDP
formula grant monies. The third reauthorization in 1988
reaffirmed congressional support for the removal of juveniles
from adult jails.
As part of the effort to ensure the deinstitutionalization
of youth and to treat status offenders differently from their
more violent counterparts, the Act required that a judge must
issue a valid court order in order for a status offender to be
held in a secure facility. The 1980 reauthorization put in
place the exception to the valid court order. The exception
states that an adjudicated status offender could be
incarcerated in a secure facility, if he or she violated the
terms of the valid court order. In 1984 Congress defined a
valid court order as ``a court order given by a juvenile court
judge to a juvenile who has been brought before the court and
made subject to a court order. The use of the word 'valid'
permits the incarceration of juveniles for violation of a valid
court order only if they received their full due process rights
as guaranteed by the Constitution of the United States.''
The 1980, 1984, and 1988 reauthorizations emphasized the
need to address the rise in youth violence and juvenile gangs,
and the perceived breakdown of the family unit.
The 1988 reauthorization, contained in the Anti-Drug Abuse
Act of 1988 (P.L. 100-690), established grant programs within
OJJDP for the purposes of preventing juvenile gangs, and drug
trafficking and treating drug abuse. The 1988 reauthorization
provided for special emphasis programs designed to strengthen
and maintain the family unit as a means to prevent and treat
juvenile delinquency.
Outlining the need for change
Today, 22 years after the creation of this Act, statistics
on juvenile violence nationwide have fueled a reassessment of
earlier Federal and State reform efforts. On March 7, 1996,
OJJDP released a study reporting that:
In 1994 law enforcement agencies made over 2.7
million arrests of persons under age 18--six percent of
which were for a Violent Crime Index offense (murder,
non-negligence manslaughter, forcible rape, robbery and
aggravated assault).
From 1985 to 1994, the percentage increases in
arrests have been greater for juveniles than adults.
The juvenile arrests for violent crime shot up by 50%
between 1988 and 1994.
In 1994, there were 2800 juveniles convicted as
murderers. Since 1984, the number of juvenile homicide
offenders has nearly tripled. The growth in homicides
has surpassed that among adults.
The number of juveniles murdered increased by 82%
between 1984 and 1994.
Between 1989 and 1993, the proportion of students
involved in gangs in school rose from 15 percent to 35
percent.
The juvenile arrest rate for weapons violations
increased by 75% between 1987 and 1992.
The number of juveniles killed with a firearm almost
tripled between 1984 and 1994.
At a Department of Justice news briefing on May 13, 1996,
Attorney General Janet Reno stated that, ``Twenty years ago,
fewer than half our cities reported gang activity. A generation
later, reasonable estimates indicate that there are now more
than half a million gang members in more than 16,000 gangs on
the streets of our cities. The result--more than 580,000 gang-
related crimes in 1993.''
On December 17, 1995, the FBI released preliminary Uniform
Crime Reporting figures for the first half of the year. FBI
Director Louis J. Freeh noted that the new data was consistent
with the recent downward trend in serious crime nationwide,
though he stated that the level of violent crime is still
intolerable.
However, violent crime involving young people, both as
perpetrators and victims, is on the rise--an alarming indicator
of future trends. The number of juveniles arrested for weapons
violations has skyrocketed--more than doubled over the past
decade. In 1994, a weapons law violation was the most serious
charge in 63,400 juvenile arrests. It is likely that many more
arrests involved weapons violations. However, FBI coding
procedures require an arrest to be classified by the most
serious charge involved. Consequently, none of the juvenile
arrests for homicides or rape involving a firearm would be
categorized as a weapons violation since it would not be the
most serious offense.
The availability of weapons and drugs is both a contributor
and a reflection of the rise in juvenile violent crime. For
example, a Department of Justice study found that almost one-
fourth (23%) of those arrested for weapons offenses nationwide
during 1993 were under the age of 18. Recent national surveys
sponsored by the Department of Health and Human Services
indicate that juvenile drug use, especially marijuana, is
rising across the country. Marijuana use among 12 to 17 year
olds jumped 37 percent last year, to 8.2 percent--more than
double the rate in 1992. Cocaine use by America's youth, now at
nearly 1 percent, is nearly three times the level of 1992 and
monthly use of LSD increased by more than 50 percent, rising by
nearly 200 percent since 1992.
Some criminologists and policymakers argue that we are on
the verge of a teenage crime explosion, as the children of the
baby boomers reach the age at which they are most likely to
commit crimes. John J. DiIulio, Jr., a Princeton University
professor of politics and public affairs, not only foresees a
teenage crime wave, but also describes some youngsters as
``superpredators,'' lacking in moral values and more violent
than previous generations.
According to a 1996 report released by OJJDP, if trends
continue as they have over the past 10 years, juvenile arrests
for violent crime will more than double by the year 2010. The
statistics are more staggering when you break down the
anticipated increases by the type of crimes. The number of
juvenile arrests for murder is predicted to increase 145% over
the 1992 level by the year 2010. Aggravated assaults are
expected to increase by 129% over the same period of time. The
rate of juveniles committing rape is expected to increase by
66% and the rate of arrests for robbery is expected to increase
by 58%.
Furthermore, recent studies have shown that a small portion
of the offending population are committing the most heinous and
violent crimes. Studies have shown that chronic offenders,
about 6% of those juveniles who come in contact with the
juvenile justice system, are responsible for about two-thirds
of all violent offenses. In a study on high risk inner city
youth, chronic offenders, about 14% to 19% of the offending
population, commit three quarters of the juvenile violent
crimes.
Given the growing number of studies and reports that
indicate a dramatic increase in juvenile crime, particularly
violent juvenile crime, it is the belief of the Committee that
the current Juvenile Justice and Delinquency Prevention Act
must undergo major revisions. It must be reformed to
effectively address the problems of juvenile delinquency and
combat juvenile violent crime as it exists today.
The Committee believes it is important for States and local
communities to undertake activities which prevent juveniles
from becoming involved in delinquent activities and committing
violent criminal acts. At the same time, it is important that
we also take steps to ensure that youth are accountable for
their behavior. Accountability, in and of itself, can be used
as a prevention tool. After all, 59% of the youth who are
referred to juvenile court are one-time offenders; they never
again come into contact with the juvenile court system.
This legislation represents a new direction in efforts to
prevent and control juvenile crime. It is the result of
numerous meetings with the Minority and organizations and
individuals interested in the issue of juvenile crime. It seeks
to ensure youth receive appropriate punishments for their
delinquent acts, and, at the same time, provides appropriate
interventions to help ensure they are diverted from further
delinquent activities.
RUNAWAY AND HOMELESS YOUTH
The Runaway and Homeless Youth Act (RHYP) was enacted as
part of the Juvenile Justice and Delinquency Prevention Act of
1974 in order to help address the unique problems of runaway,
thrownaway, or otherwise homeless youth. The problems of
dealing with runaway and homeless youth are recognized as quite
complex, multi-faceted and symptomatic of other problems
adolescents are experiencing. The Act provides a variety of
programs that range from providing crisis residential care to
dealing with the risks of substance abuse, depression,
depravation, illness, and sexual exploitation that face runaway
and homeless youth today.
The RHYP consists of three major programs, but primarily
funds basic centers, i.e., local facilities that provide crisis
residential care and counseling for runaway and homeless youth
as well as counseling and after care services for the family
(services provided following the youth's stay in the RHYP
center). The law does not specify age or eligibility
requirements for youth and is designed to meet the needs of
runaway and homeless youth outside of the law enforcement and
juvenile justice system. Youth generally may stay in the
shelter up to two weeks. Basic center grants are made directly
to the shelters, but dollar amounts are allocated according to
each State's proportion of the population younger than 18
years. The law states that 90 percent of the RHYP's
appropriation be distributed as direct services. In addition,
the program funds a national toll-free hotline where youth can
receive information on shelter and services available to them.
The Transitional Living Program (TLP) for Homeless Youth
provides grants to local public and private organizations to
address the shelter and service needs of homeless youth. This
program is designed to meet the more complex, long term needs
of older homeless youth ages 16-21. Grants are used to develop
or strengthen community based programs which assist homeless
youth in making a smooth transition to a productive adulthood
and social self sufficiency. Grant money is also used to
provide technical assistance to transitional living programs to
enhance their capacity to acquire and maintain resources and
service linkages in their local communities. It is estimated
that between one-third and one-half of all youth served by the
current runaway and homeless youth centers are homeless either
through mutual agreement with their families or because they
have been pushed out by a parent or legal guardian.
A homeless youth accepted into the Transitional Living
Program is eligible to receive shelter and services for up to
540 days (18 months). The services include: information and
counseling services in basic life skills, such as money
management and housekeeping; interpersonal skill building, such
as decision making and priority setting; educational
advancement; job attainment; and mental and physical health
care.
The third major program of the RHYP is the Drug Education
and Prevention Program (DEPP). The purpose of this program is
to reduce and prevent the illicit use of drugs by runaway and
homeless youth through service projects, research and
demonstration programs. The program is designed to provide
individual, family and group counseling to reduce or prevent
drug abuse; develop and support peer counseling programs;
develop and support community education programs including
outreach to individual youth; provide assistance to runaway and
homeless youth in rural areas through the development of
support groups; provide training and information on drug abuse
to persons involved in providing services to runaway and
homeless youth; support research on the illicit use of drugs by
runaway and homeless youth; and, improve the availability and
coordination of local service programs assisting runaway and
homeless youth. This program also funds technical assistance to
runaway and homeless youth service providers.
MISSING CHILDREN'S ASSISTANCE ACT
Concern over the growing number of missing children in the
United States prompted Congress in 1982 to pass the Missing
Children's Assistance Act which allowed the names of missing
children to be entered into a data bank in the Department of
Justice and through the National Crime Information Center and
permit the exchange of records and information regarding
missing children. The 1984 reauthorization of the Juvenile
Justice and Delinquency Prevention Act expanded the Federal
role in this area. The Act defined the term ``missing child'';
established a toll-free hot-line to report information on the
location of any missing child; established a National Resource
Center in the Department of Justice to coordinate public and
private programs and to disseminate information to assist law
enforcement officials in the recovery of missing children; and
authorized grants for research projects and programs related to
missing children's cases.
Summary
Title I of the Juvenile Crime Control and Delinquency
Prevention Act of 1996 amends the Juvenile Justice and
Delinquency Prevention Act to make substantial changes to the
law. It streamlines overall State plan requirements and
specifically modifies the four core State plan requirements to
make them more flexible. The bill renames the Office of
Juvenile Justice and Delinquency Prevention the Office of
Juvenile Crime Control and Delinquency Prevention. The bill
retains and revises the Part D Gang prevention program (Gang-
Free Schools and Communities). Parts E, F, G and H of current
law are eliminated as is the authority for a White House
Conference on Juvenile Justice.
Title II of the Juvenile Crime Control and Delinquency
Prevention Act of 1996 contains amendments to the Runaway and
Homeless Youth Act. The purposes of the RHYP remain relatively
unchanged. It will continue to fund local facilities providing
emergency residential care and counseling for runaway and
homeless youth; continue to focus on reuniting youth with their
families; and continue to offer grants for transitional living
projects and help assist in drug education and prevention
activities. The amendments consolidate three separate funding
streams for the RHYP, TLP and DEPP into a single authorization
and make numerous technical corrections.
Title III of the Juvenile Crime Control and Delinquency
Prevention Act of 1996 authorizes funding for the Missing
Children's Assistance Act.
Title IV of the Juvenile Crime Control and Delinquency
Prevention Act of 1996 retains and revises the Title V
Incentive Grant Program for Local Delinquency Prevention
Programs.
Title V includes the General Provisions.
Committee Views
juvenile justice
Changing the name of the act and the office
H.R. 3876 renames the Juvenile Justice and Delinquency
Prevention Act the Juvenile Crime Control and Delinquency
Prevention Act and makes similar changes to references to
juvenile ``justice'' throughout H.R. 3876. The name change and
other changes throughout the bill reflect a change in purpose
and focus in legislation.
It also mirrors what is happening in society. The nature of
juvenile crime has changed dramatically over the past decade.
Juvenile crime is on the rise and becoming more violent. A slap
on the wrist is no longer the most effective way of dealing
with the more violent juvenile offenders. The current Juvenile
Justice and Delinquency Prevention Act does not recognize
current trends in juvenile crime. We not only need to prevent
crime, we need to control it in order to reduce the incidence
of juvenile crime.
While the Committee is changing the name of the Act and the
name of the office, it is not the intention of the Committee to
reduce the current emphasis on prevention programs. We do,
however, clearly want to send a signal that the Federal
government supports State and local efforts to control juvenile
crime as well as efforts to prevent juvenile delinquency.
In our view, the two most important approaches to attacking
juvenile crime are clear: prevention and holding juveniles
accountable for the crimes they commit. Controlling juvenile
crime must start early with juveniles in order to make them
understand that there are consequences for their actions.
Sending the message to our nation's youth that they will be
punished for their delinquent activities is one of the most
effective means of crime control and prevention. This
legislation supports both prevention and accountability
activities. The name of the Act and the office should be
changed to reflect the change in direction of our Federal
juvenile justice program.
Providing flexibility to States in meeting the four core State plan
requirements
In order for States to receive funds under the Juvenile
Justice and Delinquency Prevention Act, they must meet four
core State plan requirements, commonly referred to as
``mandates.'' In addition, current law provides that a State
must comply with each of the four mandates in order to receive
one hundred percent of it's allotment. For each mandate with
which a State is in compliance, it will receive 25 percent of
its allotment. The four core requirements contained in current
law are:
1. Deinstitutionalization of Status Offenders.--Requires
that status offenders not be placed in jails, lock-ups or
secure detention and correctional facilities. The law was
amended in 1988 to require a judge to go outside the court
system to get clearance from an appropriate public agency
before issuing a valid court order to hold a status offender in
a secure facility.
2. Separation of Juveniles from Adults in Institutions.--
Requires that juveniles housed with adults, be held out of
``sight or sound'' of adults. Before the last reauthorization,
the law had disallowed ``regular'' contact between adults and
juveniles. The last reauthorization struck the word ``regular''
and disallowed ``all'' contact with adults. Current law also
prohibits the use of part-time, full-time security staff and
direct-care staff, of a jail or lockup for adults, to serve
juveniles.
3. Removal of Juveniles from Jails and Facilities for
Adults.--Requires States to remove juveniles from adult jails
or lockups, with a few exceptions.
4. Overrepresentation of Minorities in Juvenile Justice.--
requires that States address efforts to reduce the proportion
of minority juveniles detained or confined in secure
facilities, jails and lockups, if such proportion exceeds the
proportion of minorities represented in the general population.
Over the years, the Committee has received information on
the burdensome nature of the four core requirements. Several
witnesses over the course of the Committee's four hearings on
juvenile justice mentioned the burdens the mandates imposed at
both the State and local level.
In his testimony before the Committee, Thomas Corbett,
Attorney General of the Commonwealth of PA, stated, ``I feel
compelled to comment on the inflexibility of the regulations
from a national perspective. * * * Someone at OJJDP still
doesn't get it. The activities continue to be focused upon the
rights of youth versus helping States identify activities which
will assist them in the management of this new wave of
dangerous juveniles. * * * I am not suggesting the repeal of
the Act's core mandates. But irrational overregulation can
cause excessive, needless work on already overworked
professionals in our juvenile justice system.''
Other witnesses pointed out problems with specific
mandates. In each instance, the Committee has modified the
existing mandates to provide more flexibility to the States in
meeting these requirements.
Deinstitutionalization of status offenders
The Committee received testimony with respect to the
mandate on the deinstitutionalization of status offenders.
Jerry Kilgore, Virginia Secretary of Public Safety, stated,
``Localities need the ability to detain status offenders in a
secure environment. * * * More flexibility to deal with these
offenders when they have their first exposure to the court
system would enhance our chances of successful intervention.''
Another witness, Lt. Dale Patch, Criminal Investigations
Division, Des Moines, Iowa, stated, ``A fundamental problem in
our juvenile justice system stems from a mandate in the JJDPA
which calls for the ``Deinstitutionalization of Status
Offenders'' which has caused States like Iowa to prohibit
secure placement of children who are running away and not going
to school * * * Our recommendation is to repeal the status
offender mandate of the JJDPA and allow States to craft their
own statutes to deal with status offenders.''
H.R. 3876, in an effort to address these concerns, makes a
number of changes to current law to increase the flexibility of
the States to treat status offenders in the most appropriate
manner. The bill returns to prior law by eliminating the need
for a judge to receive a report from an ``appropriate public
agency'', (other than a court or law enforcement agency),
before the issuance of a valid court order allowing a juvenile
to be held in a secure facility. This will enhance the ability
of courts to detain status offenders when necessary, by
allowing the judge to issue a valid court order without
receiving a report from an appropriate public agency. It is
important to note, however, that the rest of this mandate
remains in place, making it clear that courts must exercise
great care before holding young status offenders in a secure
facility.
However, the Committee recognizes the need to ensure the
proper placement of youth who do commit status offenses.
Therefore, in an amendment offered by Mr. Greenwood (R-PA),
H.R. 3876, requires the appropriate child protective services
agency to be promptly notified if a juvenile is held under a
valid court order. The appropriate agency, after receiving a
referral by the court, is required to personally interview the
juvenile within 24 hours of the referral and to submit a
recommendation to the court within 72 hours after the juvenile
is taken into custody. After receipt of such report, the court
is then required to conduct a hearing to determine two things.
First, if the juvenile committed the status offense; second,
the appropriate placement for the juvenile, pending disposition
of the status offense that is the subject of the valid court
order. While advice from an outside agency is still required,
the Committee believes it is important that a judge be allowed
to issue a valid court order prior to soliciting such input.
This position also received support during hearings before
the Committee. Linda O'Neal, Executive Director, Tennessee
Commission on Children and Youth, stated, ``We should not
eliminate the deinstitutionalization mandate. * * * However,
there may be a need to eliminate new provisions added to the
valid court order exception in 1992 that requires
administrative review of juvenile court decisions regarding
valid court orders. Perhaps review of such decisions should be
handled through the judicial process, rather than through an
administrative review process.''
The Committee is also concerned about the ability of the
court to hold runaways in order to reunite them with their
parents. Parents must often travel across the country in order
to be reunited with their children. However, current law
prevents the courts from holding a juvenile for longer than 24
hours, even if the child's parents are en route to pick up the
child. H.R. 3876 addresses this concern by permitting status
offenders to be held for purposes of reuniting them with their
parents or guardian. The Committee urges the courts to exercise
caution when holding runaways in order to reunite them with
their families. It is important to ensure that such youth are
not running away from an abusive situation at home.
Separation of juveniles from adults in institutions
Several witnesses also discussed the ``sight and sound''
separation mandate for periods when juveniles are held in the
same facility with adults. Jerry Kilgore, Virginia Secretary of
Public Safety, stated in his testimony before the Committee,
``The requirement of absolute ``sight and sound'' separation
places an unwieldy burden on many localities. * * * The result
of this requirement forces local jails to under-utilize space
that could otherwise be used to alleviate overcrowding.''
The sentiment was also expressed by James Backstrom, Dakota
County Attorney, MN (on behalf of the National District
Attorneys Association), who stated in his testimony, ``* * *
regulations which make it a violation for inadvertent contact
to occur between a juvenile and adult offender should be
eliminated * * * modifications to absolute ``sight and sound''
restrictions are both appropriate and necessary, as local law
enforcement officials seek to cope with dramatic increases in
violent juvenile crime.''
H.R. 3876 modifies the current law provision to prohibit
regular and incidental unsupervised contact. The Committee does
not believe that sporadic encounters in hallways between
juveniles and adults, as they are traveling to and from meals,
exercise areas, etc. is harmful provided there is appropriate
supervision of these incidental, infrequent meetings.
This modification was supported during Committee hearings.
According to Linda O'Neal, Executive Director to the Tennessee
Commission (on Children and Youth on behalf of the Coalition
for Juvenile Justice), ``With regard to sight and sound
separation, the term ``regular'' could again be inserted in the
separation mandate to allow for occasional, incidental
contacts. This would make it easier for States to meet this
mandate, as all but two now do.''
Concerns were also raised regarding the prohibition on
``shared staff'' as part of the sight and sound separation
requirement. For example, an individual serving a meal to an
adult could not serve a meal to a juvenile, even if they were
not served at the same time. According to James Backstrom
(speaking on behalf of the National District Attorneys
Association), ``The prohibition of the use of shared staff in
both juvenile and adult detention facilities should be
eliminated. Reasonable restrictions, such as preventing staff
from working in both facilities on the same shift, would be
appropriate.'' The Committee agrees that this restriction is
particularly burdensome, especially in small communities and in
rural areas. The Committee further believes that staff should
be able to work with both juveniles and adults as long as they
have been appropriately trained. As such, H.R. 3876 would
permit shared staff to work with juveniles, provided the staff
has been trained to work with juveniles. States must provide
assurances that there is in effect a State policy requiring
such training.
Removal of juveniles from jails and facilities for adults
Witnesses also expressed concerns over provisions in
current law that require separate facilities for juveniles and
adults, if the juvenile is to be held for more than a twenty-
four hour period while awaiting an initial court appearance.
This requirement was particularly burdensome in rural areas
with a limited number of law enforcement officers and separate
facilities for juveniles. While current law does provide some
exceptions to this requirement, H.R. 3876 builds additional
flexibility into the law by extending the period of time to up
to 48 hours, excluding weekends and holidays, for which
juveniles can be held in a facility with adults, prior to an
initial court appearance.
The Committee was also concerned that current law
provisions did not adequately address the issue of where to
house violent juveniles, who, after a determination at a
probable cause hearing, are charged as an adult. The Committee
is concerned about the adverse impact of housing such juveniles
with non-violent offenders, as doing so could present a danger
to the non-violent offenders. As such, the Committee allows
States to hold violent juveniles charged or convicted as adults
in facilities with adults as long as there is no regular,
unsupervised incidental, contact with adults. Currently States
can charge and prosecute violent juveniles as adults. The
Committee believes that States should also be in a position to
decide where to incarcerate such violent youth.
Overrepresentation of minorities in juvenile justice
H.R. 3876 also makes changes to the overrepresentation of
minorities mandate. Current law focuses on the number of
minorities in the judicial system compared to the general
minority population and does not look at the actual number of
crimes committed by minorities. It only focuses on how many
juvenile minorities are incarcerated. Current law can be
interpreted to force States to release violent youth of
minority origin or to refuse to arrest delinquent youth, if
their numbers in confinement exceed their numbers in the
general population.
The Committee is concerned about the interpretation of this
mandate. While we believe a modified focus on the possible of
over-representation of minorities in the juvenile crime system
can be maintained in the law, we believe current law must be
changed.
The State of Virginia has spent over $800,000 just on
reports required for compliance with this mandate. While they
have found that a disproportionate number of minorities have
been incarcerated compared to their percentage in the general
population, they have also found this can be attributed to
factors other than race. Such factors include economic
conditions, family situation, severity of crime, and the number
of past offenses. They have not found that sentences have been
given out or that penalties have been enhanced based on race.
Jerry Regier, Director, Oklahoma Department of Juvenile
Justice, in testimony before the Senate Subcommittee on Youth
Violence on March 12, 1996, discussed a study published in late
1993 analyzing this issue in the State of Oklahoma. According
to the study, African-American juveniles represented 9.6% of
the juvenile population in Oklahoma but comprised 25% of all
juvenile arrests. Native American juveniles, on the other hand,
comprised 11.2% of the juvenile population yet only 5.1% of the
total arrested. According to Mr. Regier, ``Quotas are not the
answer. Youth are placed in a system based on their acts, not
their race. We do not plan to go out and arrest more Native
American youth to get their numbers up, nor will we cease
arresting African-American juveniles who commit crimes. Youth
are arrested and adjudicated based on their acts, not their
race.''
The Committee bill maintains an over-representation
mandate, but changes the focus so that attention is paid as to
whether a certain minority population is over-represented among
all youth that have committed an offense, rather than the
number of minorities in the general population. The bill also
allows a State to take into account ``all relevant factors.''
This would include factors that have a direct impact on a
judge's sentencing decision, such as the type and intensity of
the offense and the juvenile's family background.
The Committee believes the criminal justice system should
be color blind. Individuals charged for the same crime under
the same circumstances should be treated uniformly by the
juvenile justice system. The modifications made by H.R. 3876 to
the current mandate will help ensure that our efforts eliminate
the true bias in the juvenile justice system and does not
create quotas, which could result in the release of violent
juvenile offenders.
Change in penalties for non-compliance
Finally, the Committee bill modifies current law provisions
allowing 25 percent of a State's funds to be held for each
mandate for which it is not in compliance. Several witnesses
discussed this issue during hearings before the Committee.
James Backstrom, Dakota County Attorney, MN (on behalf of the
National District Attorneys Association) stated, ``The funding
prohibitions are * * * too drastic a penalty.'' Jerry Kilgore,
Virginia Secretary of Public Safety also expressed this
concern, and stated, ``the current strategy of reducing funding
by 25% for each area of non-compliance and requiring that all
remaining funds be dedicated to compliance improvement is
unnecessarily punitive.''
The Committee agrees with these witnesses and has modified
the law to provide States with 50 percent of their State
allotment, independent of their compliance with the four core
requirements. States can still lose up to one-quarter of the
remaining 50 percent of their allotment (12.5%) for each core
requirement for which they are not in compliance. However, this
change will ensure that States still receive funds with which
to combat juvenile delinquency even if they are not in
compliance with all of the mandates. It is the view of the
Committee that States should not be denied important financial
resources for combating juvenile crime, simply because they are
having difficulties meeting the four core requirements. Not
only do States suffer under current law requirements, but the
juveniles who require services funded through this Act suffer
as well. The changes to this provision contained in H.R. 3876
represent a thoughtful solution to this problem. While still
providing a financial incentive for States to meet the
mandates, the penalties are not so harsh as to thwart State
efforts to address issues related to juvenile delinquency.
Requiring juveniles to be accountable for their actions
One theme which echoed throughout the hearings held by the
Subcommittee was the need to hold juveniles accountable for
their actions. Forty-four States have already strengthened
their State laws with respect to violent juvenile offenders. At
the Federal level we need to support States' efforts to deal
with violent, repeat offenders as well as encourage efforts to
demonstrate to nonviolent offenders that their delinquent
behavior will not be tolerated. According to noted
criminologist James Q. Wilson, ``There ought to be penalties
from the earliest offense * * * so that juveniles are treated
by the State the same way we treat our children. You don't
ignore the fact that they're wrecking the house until they
finally burn it down. You try to deal with it right away.''
In addition, Jean Warner, in the Yale Law and Policy
Review, stated, ``By reconfirming the moral base of the law and
by emphasizing that those who commit crimes will be held
accountable to their victims because it is `right' to do so,
restitution may increase commitment to the moral order.''
The Committee has, therefore, modified the section of the
State plan outlining the purposes for which funds under this
Act are spent. Now States can use Federal funds to support
State programs that hold youth accountable for their actions.
Specific items include:
1. A system, subject to the discretion of the State, that
provides for the prosecution as adults for those juveniles
under 18 years of age, who commit an act that would be a
violent crime if committed by an adult.
2. A system of open records relating to any adjudication of
juveniles less than 18 years of age, who are adjudicated
delinquent for conduct that if committed by an adult would be a
felony. The system must also meet certain requirements, such as
making these records available to law enforcement agencies, the
courts and school officials.
3. Programs that hold juveniles accountable for their
actions. Such programs could include the use of neighborhood
courts or panels that increase victim satisfaction and require
juveniles to make restitution for the damage they caused. Such
a system could also include a system of graduated sanctions for
juvenile delinquents that ensures an appropriate sanction for
every delinquent act.
4. Programs that utilize multidisciplinary interagency case
management and information sharing procedures. Such programs
would enable the juvenile justice and law enforcement agencies,
schools and social service agencies to make more informed
decisions regarding early identification, control, supervision,
and treatment of juveniles who repeatedly commit violent and
serious delinquent acts.
5. The expanded use of probation officers. States could now
permit nonviolent delinquent juveniles to remain at home with
their families as an alternative to incarceration or
institutionalization by assigning a probation officer to ensure
that the juvenile follows the terms of their probation.
Youth who do not believe that they will be punished for
their inappropriate behavior are more likely to repeat their
behavior. There is also an increased likelihood that the types
of delinquent activities in which they engage will become more
serious if they are not appropriately sanctioned. It is the
view of the Committee that giving States the flexibility to use
funds for accountability, prevention, and programs which
provide appropriate sanctions for each delinquent act will
allow States to more effectively address juvenile delinquency.
It is the further belief of the Committee that these changes
will allow the States to reduce the recidivism rate among
juvenile offenders.
Consolidating juvenile justice programs
The Committee bill eliminates four categorical programs
authorized under current law: Boot Camps, Mentoring, State
Challenge Activities, and Treatment for Juvenile Offenders Who
are Victims of Child Abuse and Neglect. These programs were
added during the 102nd Congress. Two of these programs, Part
F--Treatment for Juvenile Offenders Who are Victims of Child
Abuse or Neglect and Part H--Boot Camps, have never been
funded. Funding for the Part E--State Challenge Activities and
Part G--Mentoring Program received minimal funding. It is the
view of the Committee that program dollars should be
consolidated in order to provide States with one flexible
funding stream to carry out activities to reduce juvenile
delinquency. However, it is not the intention of the Committee
to discourage the types of activities authorized by these
programs. H.R. 3876 modifies the State plan section outlining
the permissible uses of funds under this Act. States will now
be allowed to use their funds for activities related to boot
camps, mentoring, and the treatment of juvenile offenders who
are victims of child abuse and neglect.
The Committee bill also eliminates the authorization for
the White House Conference on Juvenile Justice. This conference
has never been held and it is the view of the Committee that
funds authorized for this purpose would be better used for
State and local efforts to combat juvenile crime and to provide
direct services to the juvenile population.
Refocusing federal gang prevention efforts
The existing Juvenile Justice and Delinquency Prevention
Act contains two gang prevention programs under Part D, Gang-
Free Schools and Communities and Community-Based Gang
Intervention. It is the view of the Committee that the need
does not exist for two gang prevention programs under this Act.
Several Federal agencies, including the Departments of Justice,
Education, Health and Human Services, and Housing and Urban
Development administer a variety of anti-gang programs.
The Committee does, however, recognize that there is a need
to address this growing problem. According to the Office of
Juvenile Justice and Delinquency Prevention (OJJDP), ``law
enforcement and media reports suggest that criminal youth gangs
are active in nearly every State.'' OJJDP estimates, based on a
survey of law enforcement officials in 35 cities, that there
are almost 1,500 gangs and over 120,000 gang members
nationwide. According to the FBI, juvenile gang killings rose
by 371% from 1980 to 1992.
In addition, a 1993 survey by the National Center for
Education Statistics (NCES), a national sample of students from
the sixth grade through the twelfth grade, found that 35
percent of the students reported ``fighting gangs'' in schools.
Students who were aware of the existence of gangs in schools
were two times more likely to report weapons in school.
Students reporting both weapons and gangs in school were at
least twice as likely to be concerned that they might be
victims of violent crime, namely physical attacks and robbery.
As a result, the Committee has included one juvenile gang-
prevention program as part of the Juvenile Crime Control and
Delinquency Prevention Act. However, it is the belief of the
Committee that the program should be very flexible and permit
communities to design programs which meet their specific needs.
There is no one solution to addressing problems related to
youth gangs. Gangs exist all across the country and differ from
cities, to suburbs, to rural areas across the United States.
Therefore, each local community must be free to design a
program which meets their specific needs. The Committee bill
provides broad flexibility to local communities in designing
gang-prevention programs. H.R. 3876 permits communities to
choose those individuals and organizations they feel will be
most effective in assisting them in their efforts to address
problems of youth gangs.
Communities throughout the United States are already
developing their own gang-prevention programs. It is the view
of the Committee that we should be supporting such efforts,
rather than trying to design a one-size fits all program. A
good example of a successful gang-prevention program is one
operated in Hawaii by Sidney Rosen, with Adult Friends for
Youth. In his testimony before the Committee, Mr. Rosen
described a youth gang intervention and treatment program which
has successfully improved outcomes for gang members. Mr. Rosen
pointed out his program had significantly improved high school
graduation rates. In a survey of 79 gang members, the
graduation rate had jumped from 20 to 70 percent. Eighty-seven
percent of the youth surveyed were either working full time or
pursuing additional schooling. In addition, only 10 percent of
the survey group had been arrested and none had received a
prison sentence. With many groups, there had been an evolution
from gangs to social clubs. And, hostilities between gangs had
also been terminated. Mr. Rosen received no Federal support for
his program, which had been locally designed and implemented.
Finally, it is the view of the Committee that gang-
prevention efforts under this Act should be focused on those
gangs which present the biggest and most hostile threat to
society, not those which are purely social in nature. As such,
H.R. 3876 focuses the new gang-prevention program on those
gangs that commit crimes, particularly violent crimes, those
that unlawfully use firearms and other weapons, and those that
traffic drugs.
General streamlining and flexibility
The Committee believes it is very important to provide
States with broad flexibility to design programs which meet
their own unique needs in addressing problems of juvenile
delinquency, especially juvenile crime. As such, the Committee
has eliminated many unnecessary State plan requirements and
other provisions which limit State flexibility. A number of
witnesses testified in support of State and local flexibility.
Ron Roberts of the San Diego County Board of Supervisors,
stated, ``I would encourage the Subcommittee to support the
elements of this legislation that provide flexibility to design
and implement local solutions to local problems.''
In addition, the Committee has included language in H.R.
3876 which limits the ability of the Administrator to establish
rules, regulations and procedures only to the extent necessary
to ensure compliance with the specific requirements of Title
II. In addition, the bill prohibits the Administrator from
establishing rules, regulations or procedures applicable to
compliance with the four core requirements. It is the view of
the Committee that the Office of Juvenile Justice and
Delinquency Prevention has issued regulations which are more
prescriptive than the mandates themselves. For instance, while
the law requires separate facilities for juveniles and adults,
the regulations go much further. For example, Virginia is in
the process of building a juvenile facility on the same
property as a facility for adults. The facilities are located
one quarter of a mile apart. However, Virginia has spent
$50,000 to build a hill of dirt on the property to ensure
juveniles cannot see the adult facility because the Office of
Juvenile Justice and Delinquency Prevention ruled they would
otherwise not be in compliance with the mandate.
The bill also provides that States, which have their own
laws requiring compliance with the mandates on
deinstitutionalization of status offenders, separate facilities
for juveniles and adults, and sight and sound separation of
juveniles from adults when they are held in the same
facilities, shall be deemed to satisfy the requirements under
the Act. The bill does not include the mandate dealing with
minority over-representation because this specific mandate
already allows the State to design their own efforts to address
instances of minority over-representation.
This provision was supported by Jerry Kilgore, Virginia
Secretary of Public Safety, who stated in his testimony before
the Committee, ``Compliance monitoring and reporting
requirements should be reduced for States such as Virginia,
with State codes which prohibit the practices for which
compliance monitoring is required.''
The bill also provides the chief executive officer of each
State with greater flexibility in designating the membership of
the State advisory group, whose purpose is to advise the State
on matters of juvenile justice. H.R. 3876 also requires, for
the first time, that the State Attorney General or the State
official with primary responsibility for overseeing the
enforcement of State criminal laws is to be appointed as a
member of the advisory group. The Act further stipulates this
individual is to be consulted by the chief executive officer on
the selection of other members of the group. The Committee
strongly believes the individual in the State, be it the State
Attorney General or some other official, who is responsible for
overseeing the enforcement of State criminal laws should have a
prominent role in planning for activities within the State
which address juvenile crime. Their overall knowledge and
expertise in this area should not be overlooked.
Finally, in emphasizing increased flexibility for the
States, the Committee reported bill deletes a vague and broadly
worded provision from current law which requires States, as
part of their 3-year plan for carrying out the purposes of the
Juvenile Justice and Delinquency Protection Act, to provide
that ``fair and equitable arrangements shall be made to protect
the interests of employees affected by assistance'' under the
Act \1\--including ``preservation of rights, privileges and
benefits'' under existing collective bargaining agreements or
otherwise, the ``continuation of collective bargaining
rights,'' the protection of individual employees against a
``worsening'' of their positions with respect to their
employment, ``assurances of employment'' to State and local
government employees who will be affected by programs funded
under the Act, and training or retraining programs.
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\1\ Section 223(a)(19).
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The Committee has several concerns with the provision. It
is simply unfair to force State and local governments to absorb
the potential administrative burden and expense of the labor
provision as a cost (which is presumably passed on to the
taxpayers) of doing business with Federal government. The
provision is inconsistent with the move toward greater
flexibility in the juvenile justice program and the Committee
is not persuaded that its far-reaching requirements should be
continued in law.
As an initial matter, labor relations with regard to public
sector employees has traditionally been the province of State
and local governments. Particularly with regard to collective
bargaining rights, the Congress has declined to interfere with
the negotiations between State and local governments and their
employees over the terms and conditions of employment. Thus,
for example, the definition of covered employers in section
2(2) of the National Labor Relations Act specifically excludes
States and any political subdivisions thereof. While the
reported bill would not prevent a State or local government
from reaching agreements with any of its employees who may be
affected by the provision of assistance under the Act, the
Committee did not feel it prudent to mandate such extensive
protections which cover virtually the entire employment
relationship.
While some have argued that the JJDPA's collective
bargaining provision is the same or similar to section 13(c) of
the Federal Transit Act \2\ (formerly the Urban Mass
Transportation Act of 1964), and therefore should be adopted,
such a contention misses the mark. Section 13(c) has been very
difficult to administer, and, in any case was targeted at
protecting private sector transit employees as ownership of
mass transit operations was transferred, under far-reaching
Congressional legislation, from the private sector to the
public sector. In this context, employees who were covered by
the collective bargaining protections of private sector Federal
labor law, the National Labor Relations Act, would potentially
lose such protections when their employment relationships
became governed by public sector State and local law. In the
context of juvenile justice programs, the employees who the
collective bargaining provision is intended to benefit are
currently, and will continue to be, State and local government
employees. While the Committee declines to mandate continuation
of collective bargaining and other protections for this class
of State and local government employees, it should be noted
that the Committee bill does not limit in any way the
application to these employees of the numerous Federal labor
laws where the Congress has made a judgment to extend
protections to public sector employees.
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\2\ Codified at 49 U.S.C. section 5333(b).
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Finally, even if the Committee were disposed to involve the
Federal government in dictating to the States how to define the
terms and conditions of the employment relationships with their
employees, the almost unlimited scope of the subject provision
is in itself unacceptable. The broad language of the current
law's provision seems to require a guarantee that any employees
affected by the assistance provided under the Act will never
have any change in the terms or privileges of their employment.
The language appears to provide for the continuation of
collective bargaining rights without regard to whether or not
there continues to be majority support for the elected
bargaining representative, or when a collective bargaining
agreement expires. The provision requires that individual
employees be protected from a ``worsening'' of their employment
positions--a term which is not defined and may often be ``in
the eyes of the beholder.'' These requirements threaten to lock
in for perpetuity the status quo. In today's dynamic
environment, no workplace can be insulated from change in this
sweeping manner.
It is the view of the Committee that this increased
flexibility will go a long way in assisting States to develop
innovative programs to reduce the incidence of juvenile
delinquency.
RUNAWAY AND HOMELESS YOUTH
In recent years, there have been many proposals to
consolidate RHYP, TLP and DEPP into one comprehensive program
for runaway and homeless youth. The current law configuration
of three separate funding streams has proven to be piecemeal,
unnecessary and duplicative. There has been agreement that
consolidation would significantly reduce the burden of grant
applications and administration for agencies serving runaway
and homeless youth. Additionally, local communities need and
want greater flexibility in designing services to this target
population. The Committee report accompanying the Labor, Health
and Human Services, and Education Appropriations bill for
fiscal year 1996 directly addressed the need for a consolidated
authorization by stating ``The budget request proposed to
consolidate these programs; the (Appropriations) Committee has
not done this because it is not authorized by law''. The need
for consolidation of these programs was additionally part of
their rationale in defunding the Drug Education Prevention
Program. ``The elimination of small categorical programs also
saves Federal administrative costs, and reduces bureaucratic
paperwork and grant forms that must be filled out by the local
providers''. Additionally, both the Bush and Clinton
administrations' have proposed consolidation of these programs.
While the desire to consolidate the funding streams has
been non-controversial, the Committee has taken special steps
to preserve the distinct differences between the basic center
grants and transitional living programs and in particular, not
to administer funds for both programs under a single formula
allocation. In testimony before the Committee, James Braun,
President and CEO of Youth in Need, St. Charles, MO stated:
The care of runaways and helping homeless youth
transition to productive adulthood cannot and should
not be provided under the same program. Consequently,
transitional living programs for older homeless youth,
while part of the continuum of services, should remain
distinct from the basic centers program * * * I would
urge that any streamlining of RHYA avoid blending, and
thus weakening, these distinct short term and long term
services.
The Committee, working in conjunction with the Department
of Health and Human Services, and the minority staff
constructed legislation that directly addresses the
consolidation concerns. The legislation consolidates the
authorization for the current Runaway and Homeless Youth,
Transitional Living for Homeless Youth, and the Drug Education
and Prevention for Runaway and Homeless Youth programs into a
single funding stream, while retaining the formula based
allocation for basic center grants and the national competitive
process for transitional living grants. The Runaway and
Homeless Youth Program will continue to provide grants to local
public and private organizations to establish and operate local
runaway and homeless youth centers to address the crisis needs
of runaway and homeless youth and their families. Grants will
continue to be used to develop or strengthen community based
centers which are outside the law enforcement, juvenile
justice, child welfare and mental health systems. Additionally,
home-based, street-based and drug education and prevention
activities are all allowable uses of funds under the basic
center grants. The Runaway and Homeless Youth Act continues to
require that 90 percent of the program funds be used to
establish and operate basic centers and transitional living
programs which meet the immediate needs of runaway and homeless
youth. Basic center grants would continue to be allotted among
the States based on each State's population under 18 years of
age. Applications for basic center grants are selected for
funding through a competitive review process based on each
State's allocation of funds under the formula.
The Transitional Living Program would no longer have a
separate funding stream, but would continue to receive no less
that 20% of the appropriation. The Transitional Living grants
will continue to be awarded by the Secretary on a national
competitive basis.
Despite the fact that the Drug Education and Prevention
Program (DEPP) did not receive funding in FY '96, the Committee
recognizes the importance of drug education and prevention
among the runaway and homeless youth population and continues
to make it an allowable use of funds under the basic center
grants.
In addition to the funds which directly support basic
centers and temporary shelters for runaway and homeless youth,
approximately 10 percent of the funds in each of the past five
years have been used to fund projects which support and
strengthen the work of the shelters. These include: the
national toll free runaway and homeless youth hotline, training
and technical assistance activities; research and demonstration
projects; and methods to improve program administration,
outreach, and prevention activities among local shelters. These
activities would continue under the Committee legislation.
The Committee bill corrects several legislative drafting
errors from the previous authorization. One of the most
substantive corrections is to the Grants for Prevention of
Sexual Abuse and Exploitation. This program was included in the
Violent Crime Control and Law Enforcement Act of 1994 as an
amendment to the Runaway and Homeless Youth Act. The amendments
were not executed because of incorrect section references. This
program allows the Secretary to make grants to private non-
profit agencies for street based outreach and education
including treatment, counseling, information and referral to
runaway, homeless and street youth who are at risk of sexual
abuse. Despite the drafting error, the program did receive $5.5
million in funding in FY '96 from the Violent Crime Trust Fund.
In correcting the technical errors, it is the intent of the
Committee that this program continue to receive funding from
the Violent Crime Trust Fund. The authorization is updated to
the year 2000 at ``such sums''.
The Committee bill significantly improves the operation and
effectiveness of the RHYP by streamlining the Act; reducing the
number of separately authorized programs; removing duplicative
provisions, and improving the organization of the Act. It
changes reporting requirements and requires HHS to submit a
biennial (instead of annual) report to Congress. Additionally,
the bill repeals the separately authorized Temporary
Demonstration Projects to Provide Service to Youth in Rural
Areas which has never received an appropriation. The bill
highlights the need for runaway and homeless youth services in
rural areas in the findings section of the text. The Act has
been successful in helping to meet the needs of runaway and
homeless youth. The Committee amendments will help to
strengthen these activities and protect youth by keeping them
off the streets, away from criminal activities and out of
desperate circumstances. The Committee hopes that these
programs will continue to focus on youth with the greatest need
for these services and continue to reunite youth with their
families.
MISSING CHILDREN'S ACT
Title III of the Juvenile Crime Control and Delinquency
Prevention Act makes two minor amendments to The Missing
Children's Assistance Act. The Missing Children's Assistance
Act makes grants available to develop programs that assist in
the recovery of missing and exploited children. The National
Resource Center on Missing Children within the Office of
Juvenile Justice and Delinquency Prevention (OJJDP) at the
Department of Justice provides such services as a toll free
hot-line to report sightings of missing children, entering
missing children's names in the National Criminal Information
Center's computerized database; coordination among Federally
funded programs relating to missing children; information on
effective models of Federal, State and local programs for the
recovery of missing children; training and technical assistance
to State clearinghouses, nonprofit organizations, prosecutors,
law enforcement personnel, and attorneys. The Committee bill
extends the authorization through the year 2000 and repeals the
special study and report that is currently underway. No other
changes are made to this Act.
Section-By-Section Analysis
Section 1. Short Title; Table of Contents. Cites the short
title as ``Juvenile Crime Control and Delinquency Prevention
Act of 1996'' and provides a table of contents.
Title I--Amendments to the Juvenile Justice and Delinquency Prevention
Act of 1974
Section 101. Findings. Amends the Congressional findings of
the Juvenile Justice and Delinquency Prevention Act of 1974.
Section 102. Purpose. Amends the purpose of the Juvenile
Justice and Delinquency Prevention Act of 1974.
Section 103. Definitions. Amends the definitions found in
the Juvenile Justice and Delinquency Prevention Act of 1974.
Section 104. Name of Office. Renames the Juvenile Justice
and Delinquency Prevention Office as the Office of Juvenile
Crime Control and Delinquency Prevention.
Section 105. Concentration of Federal Effort. Revises the
duties of the Administrator to streamline the Federal effort.
Section 106. Coordinating Council on Juvenile Justice and
Delinquency Prevention. Eliminates the Council.
Section 107. Annual Report. Amends the required content of
the Annual Report to requiring and evaluation of the
effectiveness of programs funded in Title II.
Section 108. Allocation. Makes technical corrections to
Section 222 of the Juvenile Justice and Delinquency Prevention
Act.
Section 109. State Plans. Revises the makeup,
qualifications and duties of the State advisory groups as well
as amends the contents of the plans they are to submit.
Section 110. National Institute for Juvenile Justice and
Delinquency Prevention. Renames the Institute, the National
Institute for Juvenile Crime Control and Delinquency
Prevention.
Section 111. Research, Demonstration, and Evaluation
Functions. Encourages the study of the prevention of serious
and violent crimes.
Section 112. Technical Assistance and Training Functions.
Makes technical corrections to Section 244 of the Juvenile
Justice and Delinquency Prevention Act.
Section 113. Establishment of Training Program. Amends the
qualifications of enrollees in the Institute's training
program.
Section 114. Curriculum for Training Program. Removes the
mention of hate crimes in the curriculum for the Institute's
training program.
Section 115. Special Studies and Reports. Repeals Section
248 of the Juvenile Justice and Delinquency Prevention Act,
which references studies that have been completed.
Section 116. Grants and Contracts for Special Emphasis
Prevention and Treatment Programs. Requires contracts and
grants to be made on a competitive basis and amends the type of
programs for which the grants and contracts may provide.
Section 117. Considerations for Approval of Applications.
Amends the considerations for approval of applications for
grants and contracts.
Section 118. Gang-Free Schools and Communities. Allows the
Administrator to make grants or contracts designed to reduce
gang activity.
Section 119. Repealers. Repeals Part E of Title II of the
Juvenile Justice and Delinquency Prevention Act, specifically
the State Challenge Grants.
Section 120. Repealers. Repeals Part F--Treatment for
Juvenile Offenders Who are Victims of Child Abuse or Neglect;
Part G--Mentoring; and Part H--Boot Camps and makes technical
corrections to Part I, as added by section 2(I)(1)(C) of Public
Law 102-586.
Section 121. Authorization of Appropriations. Authorizes
appropriations for the fiscal years 1997, 1998, 1999, and 2000.
There are to be authorized for Title II, other than part D,
$225,000,000 for FY 1997 and such sums as necessary for 1998-
2000. Part D, Gang Free Schools and Communities, is authorized
to receive $10,000,000 for FY 1997 and such sums through 2000.
No less than 70% of Title II funds, not including Part D funds,
are to be spent on Part B, the State Formula Grants. No more
than 5% or $5,000,000 of the amount appropriated for Title II
(whichever is lower) can be spent on Part A, Administration of
the Title, and no more than 25% or $25,00,000 (whichever is
lower) can be spent on Part C, Research activities.
Section 122. Administrative Authority. Limits the
Administrator's authority to establish rules, regulations, and
procedures.
Section 123. Use of Funds. Requires that funds paid
pursuant to Title II of the Juvenile Justice and Delinquency
Prevention Act not be used for the construction of any
facility.
Section 124. Technical and Conforming Amendments. Makes
several technical changes, including changing several sections
of law to reflect the name change of the Office of Juvenile
Crime Control and Delinquency Prevention as well as other
technical amendments.
Title II--Amendments to the Runaway and Homeless Youth
Section 201 amends the findings in Section 302 of the
Runaway and Homeless Youth Act.
Section 202 amends Section 311 of the Runaway and Homeless
Youth Act. It gives the Secretary authority to make grants to
public and nonprofit private entities to provide services for
runway and homeless youth and their families. Additionally, it
defines the services which may be provided under the Runaway
and Homeless Youth Act.
Section 203 amends eligibility and reporting requirements
under Section 312 of the Runaway and Homeless Youth Act. This
section includes technical changes and specifically lists
reporting requirements that applicants must submit to the
Secretary. It lists the services which an applicant must plan
to provide in order to use grant money for street-based
services, home-based services and for drug abuse and prevention
services.
Section 204 amends Section 313 of the Runaway and Homeless
Youth Act, stating that the Secretary may take into
consideration the geographical distribution of proposed
services and the areas in the State that have the greatest need
for such services. It also continues to require the Secretary
to give priority to eligible applicants that are experienced in
providing services to runaway youth and to grant applications
that are less than $200,000.
Section 205 makes technical changes to Section 321 of the
Runaway and Homeless Youth Act.
Section 206 amends Section 343(b) of the Runaway and
Homeless Youth Act by making technical and conforming changes
and by deleting home based and street based services from the
research and demonstration projects.
Section 207 repeals Section 344, Temporary Demonstration
Projects to Provide Services to Youth in Rural Areas of the
Runaway and Homeless Youth Act.
Section 208 makes technical corrections to the Sexual Abuse
Prevention Program, Section 40155 of the Violent Crime Control
and Law Enforcement Act of 1994 and extends the authorization
of the program through the year 2000.
Section 209 amends Section 371, Assistance to Potential
Grantees, of the Runaway and Homeless Youth Act, by striking
the last sentence in Section 371.
Section 210 amends Section 381 of the Runaway and Homeless
Youth Act. It requires that no later than April 1, 1998 and in
two year intervals thereafter, the Secretary must submit a
report, to the House Economic and Educational Opportunities
Committee and the Senate Judiciary Committee on the status and
activities of the grantees who are awarded grants under this
Act. Section 381 lists specific information that must be
included in the report. Additionally, this section requires the
Secretary to include in the report summaries of the Secretary's
evaluations of grantees and descriptions of the qualifications
and training of the individuals administering the evaluation.
Section 211 amends Section 384 of the Runaway and Homeless
Youth Act to address Evaluation and Information by the
Secretary. It directs the Secretary to conduct on-site
evaluations.
Section 212 amends Section 385 of the Runaway and Homeless
Youth Act and authorizes appropriations for fiscal years 1997,
1998 1999, and 2000. Additionally, it directs how the
appropriation shall be divided among the programs.
Section 213 inserts a new Section 385 giving the Secretary
the authority to implement a single consolidated application
review process.
Section 214 inserts a new Section 386 which contain the
definitions for this title.
Section 215 redesignates particular sections of the Runaway
and Homeless Youth Act.
Section 216 contains technical amendments.
Title III--Amendments to the Missing Children's Assistance Act
Section 301 authorizes appropriations for fiscal years
1997, 1998, 1999 and 2000.
Section 302 repeals Section 409, the Special Study and
Report.
title iv--incentive grants for local delinquency prevention programs
Section 401. Duties and Functions of the Administrator.
Amends Section 504 of the Incentive Grants for Local
Delinquency Prevention Programs Act, by eliminating the
requirement that the Administrator must submit an annual plan
on coordination efforts and policy development.
Section 402. Grants for Prevention Programs. Amends Section
505 by revising the local government application process for
the Incentive Grants.
Section 403. Repeal of Definition. Repeals Section 503 of
the Incentive Grants for Local Delinquency Prevention Programs
Act.
Section 404. Authorization of Appropriations. Renumbers
Section 506 as Section 505 of the Incentive Grants for Local
Delinquency Prevention Programs Act and authorizes $20,000,000
for the Incentive Grants for Local Delinquency Prevention
Programs for FY 1997 and such sums as appropriate through 2000.
Title V--General Provisions
Section 501. Effective Date; Application of Amendments.
This Act takes effect upon enactment and amendments made by
this Act apply to fiscal years beginning after September 30,
1996.
Explanation of Amendments
The provision of the amendment in the nature of a
substitute are explained in this report.
Oversight Findings of the Committee
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives and clause 2(b)(1) of
rule X of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in the body of this report.
Inflationary Impact Statement
In compliance with clause 2(l)(4) of rule XI of the Rules
of the House of Representatives, the Committee estimates that
the enactment into law of H.R. 3876 will have no significant
inflationary impact on prices and costs in the operation of the
national economy. It is the judgment of the Committee that the
inflationary impact of this legislation as a component of the
federal budget is negligible.
Government Reform and Oversight
With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 3876.
Committee Estimate
Clause 7 of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 3876. However, clause 7(d) of that rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
Application of Law to Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. The bill does not prohibit legislative branch employees
from otherwise being eligible for such services under these
programs in this Act.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act requires a statement of whether the provisions of
the reported bill include unfunded mandates; the bill provides
funds for programs authorized under this bill at the State and
local level and as such does not contain any unfunded mandates.
The Committee also received a letter regarding unfunded
mandates from the Director of the Congressional Budget Office.
See infra.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the House of Representatives and section 308(a) of
the Congressional Budget Act of 1974 and with respect to
requirements of clause 2(l)(3)(C) of rule XI of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for H.R. 3876 from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 16, 1996.
Hon. William F. Goodling,
Chairman, Committee on Economic and Educational Opportunities, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3876, the Juvenile
Crime Control and Delinquency Prevention Act of 1996.
Enacting H.R. 3876 would not affect direct spending or
receipts. Therefore, pay-as-you-go procedures would not apply
to the bill.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Enclosure.
congressional budget office cost estimate
1. Bill number: H.R. 3876.
2. Bill title: Juvenile Crime Control and Delinquency
Prevention Act of 1996.
3. Bill status: As ordered reported by the House Committee
on Economic and Educational Opportunities on August 2, 1996.
4. Bill purpose: H.R. 3876 would make many changes and
additions to the federal laws relating to juvenile crime and
delinquency prevention programs. The bill would authorize the
appropriation of:
$225 million for fiscal year 1997 and such sums as
may be appropriate for each of the fiscal years 1998
through 2000 to the Department of Justice to carry out
programs for controlling juvenile crime and preventing
juvenile delinquency;
$10 million for fiscal year 1997 and such sums as may
be appropriate for each of the fiscal years 1998
through 2000 to the Department of Justice to make
grants for programs designed to reduce the
participation of juvenile in gangs;
Such sums as may be necessary for each of the fiscal
years 1997 through 2000 to the Department of Health and
Human Services to make grants for programs to prevent
sexual abuse;
$60 million for fiscal year 1997 and such sums as may
be necessary for each of the fiscal years 1998 through
2000 to the Department of Health and Human Services to
make grants for runaway and homeless youth programs;
Such sums as may be necessary for each of the fiscal
years 1997 through 2000 to the Department of Justice to
make grants for missing children's assistance programs;
and
$20 million for fiscal year 1997 and such sums as may
be appropriate for each of the fiscal years 1998
through 2000 to the Department of Justice to make
grants for local delinquency prevention programs.
5. Estimated cost to the Federal Government: Assuming
appropriation of the authorized amounts, CBO estimates that
enacting H.R. 3876 would result in costs to the Federal
Government of $1.3 billion over the 1997-2002 period. The
following table summarizes the estimated budgetary effects of
H.R. 3876, both with and without adjustments for inflation for
years in which the authorized amounts are not specified.
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1996 1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Authorization level \1\.................................... 211 9 15 ..... ..... ..... .....
Estimated outlays.......................................... 131 82 80 20 6 1 .....
With Adjustment for Inflation
Proposed changes:
Estimated authorization level.............................. ..... 322 331 347 356 ..... .....
Estimated outlays.......................................... ..... 67 213 318 344 279 121
Projected spending under H.R. 3876:
Estimated authorization level \1\.......................... 211 330 346 347 356 ..... .....
Estimated outlays.......................................... 131 149 293 338 350 280 121
Without Adjustment for Inflation
Proposed changes:
Estimated authorization level.............................. ..... 322 322 328 328 ..... .....
Estimated outlays.......................................... ..... 67 211 310 327 260 111
Projected spending under H.R. 3876:
Estimated authorization level \1\.......................... 211 330 337 328 328 ..... .....
Estimated outlays.......................................... 131 149 291 330 333 261 111
----------------------------------------------------------------------------------------------------------------
\1\ The 1996 level is the amount appropriated for that year.
The costs of this bill fall within budget functions 500 and
750.
6. Basis of estimate: For the purpose of this estimate, CBO
assumes that all amounts authorized by the bill for 1997 and
all estimated amounts for 1998 through 2000 will be
appropriated and that outlays will occur at historical rates
for the authorized activities. ``Such sums'' authorizations
were estimated by extending, both with and without adjustment
for inflation, either the 1997 authorization provided in the
bill or, if there is none, the 1996 appropriation for the
program. Because current law authorizes $8 million for fiscal
year 1997 and $15 million for fiscal year 1998 for the sexual
abuse prevention programs, we assume that the bill would add no
spending to that activity in those years.
7. Pay-as-you-go considerations: None.
8. Estimated impact on State, local and tribal governments:
H.R. 3876 contains no intergovernmental mandates as defined in
the Unfunded Mandates Reform Act of 1995 (Public Law 104-4) and
would not impose costs on state, local, or tribal governments.
The bill would authorize 1997 appropriations of at least $158
million for juvenile justice grants to states and of about $97
million for grants to public and private entities for runaway
and homeless youth programs, missing children's assistance, and
local juvenile delinquency prevention programs. Similar amounts
are authorized annually for 1998 through 2000. In order to
remain eligible for these formula grants, state and local
governments might be required to redefine programs aimed at
curtailing juvenile delinquency. The Unfunded Mandates Reform
Act of 1995 excludes such conditions of federal assistance from
the definition of an intergovernmental mandate.
In a number of cases, H.R. 3876 would ease requirements
governing the implementation of juvenile justice programs.
Specific criteria for membership on juvenile justice advisory
boards would be eliminated; certain reporting requirements
would be dropped; and prohibitions limiting the incarceration
of juveniles with adults would be relaxed.
In other cases, the bill would require grant recipients to
refocus certain activities. State plans would be required to
emphasize holding juvenile delinquents accountable through the
use of neighborhood courts, restitution to victims, and other
sanctions on the offender. Education programs would need to
emphasize self-sufficiency and work skills in addition to
reducing truancy and drop-outs.
The bill would also add requirements to implementation
plans needed to receive funding under the Runaway and Homeless
Youth Act.
Responsibility for making awards to local agencies under
the Incentives Grants for Local Delinquency Prevention Programs
Act would be transferred from the federal government to state
governments. However, this transferred responsibility would
only occur within the context of an overall state
implementation plan.
9. Estimated impact on the private sector: This bill would
impose no new private-sector mandates as defined in Public Law
104-4.
10. Previous CBO estimate: None.
11. Estimated prepared by:
Federal Cost Estimate: Mark T. Grabowicz; Impact on
State, Local, and Tribal Governments: Leo Lex; Impact
on the Private Sector: Matthew Eyles.
12. Estimate approved by: Robert A. Sunshine, for Paul N.
Van de Water, Assistant Director for Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974
* * * * * * *
TITLE I--FINDINGS AND DECLARATION OF PURPOSE
[Sec. 101. (a) The Congress hereby finds that--
[(1) juveniles accounted for almost half the arrests
for serious crimes in the United States in 1974 and for
less than one-third of such arrests in 1983;
[(2) recent trends show an upsurge in arrests of
adolescents for murder, assault, and weapon use;
(3) the small number of youth who commit the most
serious and violent offenses are becoming more violent;
[(4) understaffed, overcrowded juvenile courts,
prosecutorial and public defender offices, probation
services, and correctional facilities and inadequately
trained staff in such courts, services, and facilities
are not able to provide individualized justice or
effective help;
[(5) present juvenile courts, foster and protective
care programs, and shelter facilities are inadequate to
meet the needs of children, who, because of this
failure to provide effective services, may become
delinquents;
[(6) existing programs have not adequately responded
to the particular problems of the increasing numbers of
young people who are addicted to or who abuse alcohol
and other drugs, particularly nonopiate or polydrug
abusers;
[(7) juvenile delinquency can be reduced through
programs designed to keep students in elementary and
secondary schools through the prevention of unwarranted
and arbitrary suspensions and expulsions;
[(8) State and local communities which experience
directly the devastating failures of the juvenile
justice system do not presently have sufficient
technical expertise or adequate resources to deal
comprehensively with the problems of juvenile
delinquency;
[(9) existing Federal programs have not provided the
direction, coordination, resources, and leadership
required to meet the crisis of delinquency;
[(10) the juvenile justice system should give
additional attention to the problem of juveniles who
commit serious crimes, with particular attention given
to the areas of sentencing, providing resources
necessary for informed dispositions, and
rehabilitation;
[(11) emphasis should be placed on preventing youth
from entering the juvenile justice system to begin
with; and
[(12) the incidence of juvenile delinquency can be
reduced through public recreation programs and
activities designed to provide youth with social
skills, enhance self esteem, and encourage the
constructive use of discretionary time.
[(b) Congress finds further that the high incidence of
delinquency in the United States today results in enormous
annual cost and immeasurable loss of human life, personal
security, and wasted human resources and that juvenile
delinquency constitutes a growing threat to the national
welfare requiring immediate and comprehensive action by the
Federal Government to reduce and prevent delinquency.
[purpose
[Sec. 102. (a) It is the purpose of this Act--
[(1) to provide for the thorough and ongoing
evaluation of all federally assisted juvenile justice
and delinquency prevention programs;
[(2) to provide technical assistance to public and
private nonprofit juvenile justice and delinquency
prevention programs;
[(3) to establish training programs for persons,
including professionals, paraprofessionals, and
volunteers, who work with delinquents or potential
delinquents or whose work or activities relate to
juvenile delinquency programs;
[(4) to establish a centralized research effort on
the problems of juvenile delinquency, including the
dissemination of the findings of such research and all
data related to juvenile delinquency;
[(5) to develop and encourage the implementation of
national standards for the administration of juvenile
justice, including recommendations for administrative,
budgetary, and legislative action at the Federal,
State, and local level to facilitate the adoption of
such standards;
[(6) to assist State and local communities with
resources to develop and implement programs to keep
students in elementary and secondary schools and to
prevent unwarranted and arbitrary suspensions and
expulsions;
[(7) to establish a Federal assistance program to
deal with the problems of runaway and homeless youth;
[(8) to strengthen families in which juvenile
delinquency has been a problem;
[(9) to assist State and local governments in
removing juveniles from jails and lockups for adults;
[(10) to assist State and local governments in
improving the administration of justice and services
for juveniles who enter the system; and
[(11) to assist States and local communities to
prevent youth from entering the justice system to begin
with.
[(b) It is therefore the further declared policy of
Congress to provide the necessary resources, leadership, and
coordination (1) to develop and implement effective methods of
preventing and reducing juvenile delinquency, including methods
with a special focus on preserving and strengthening families
so that juveniles may be retained in their homes; (2) to
develop and conduct effective programs to prevent delinquency,
to divert juveniles from the traditional juvenile justice
system and to provide critically needed alternatives to
institutionalization; (3) to improve the quality of juvenile
justice in the United States; (4) to increase the capacity of
State and local governments and public and private agencies to
conduct effective juvenile justice and delinquency prevention
and rehabilitation programs and to provide research,
evaluation, and training services in the field of juvenile
delinquency prevention; (5) to encourage parental involvement
in treatment and alternative disposition programs; and (6) to
provide for coordination of services between State, local, and
community-based agencies and to promote interagency cooperation
in providing such services.]
findings
Sec. 101. (a) The Congress finds the following:
(1) There has been a dramatic increase in juvenile
crime, particularly violent crime. Weapons offenses and
homicides are the 2 fastest growing violent crimes
committed by juveniles, and offenders under the age of
21 committing more than \1/4\ of all violent crime.
(2) This problem should be addressed through a 2-
track common sense approach that addresses the needs of
individual juveniles and society at large by
promoting--
(A) quality prevention programs that--
(i) work with juveniles, their
families, community-based
organizations, take into consideration
such factors as whether or not
juveniles have been the victims of
family violence (including child abuse
and neglect); and
(ii) are designed to provide
juveniles with the education and other
skills they need to prevent their
involvement in delinquency activities;
and
(B) programs that assist in holding juveniles
accountable for their actions, including a
system of graduated sanctions for each
delinquent act, requiring juveniles to make
restitution for the damage caused by their
delinquent acts, and methods for increasing
victim satisfaction with respect to the
penalties imposed on juveniles for their acts.
(b) Congress must act now to reform this program by focusing
on juvenile delinquency prevention programs, as well as
programs that hold juveniles accountable for their acts.
Without true reform, the criminal justice system will not be
able to overcome the challenges it will face in the coming
years when the number of juveniles is expected to increase by
30 percent.
purposes
Sec. 102. The purposes of titles I, II, and V are--
(1) to support State and local programs that prevent
juvenile involvement in delinquent activities;
(2) to assist State and local governments in
promoting public safety by encouraging accountability
for acts of juvenile delinquency; and
(3) to assist State and local governments in
addressing juvenile crime through the provision of
technical assistance, research, and the dissemination
of information, on effective programs for combating
juvenile crime.
definitions
Sec. 103. For purposes of this Act--
(1) * * *
* * * * * * *
(4)(A) the term ``Bureau of Justice Assistance''
means the bureau established by section 401 of title I
of the Omnibus Crime Control and Safe Streets Act of
1968;
(B) the term ``Office of Justice Programs'' means the
office established by section 101 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968;
(C) the term ``National Institute of Justice'' means
the institute established by section 202(a) of title I
of the Omnibus Crime Control and Safe Streets Act of
1968; and
(D) the term ``Bureau of Justice Statistics'' means
the bureau established by section 302(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968;
* * * * * * *
(7) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, [the Trust Territory of the Pacific
Islands,] the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands;
* * * * * * *
(9) the term ``combination'' as applied to States or
units of general local government means any grouping or
joining together of such States or units for the
purpose of preparing, developing, or implementing a
juvenile [justice] crime control and delinquency
prevention plan;
* * * * * * *
(14) the term ``serious crime'' means criminal
homicide, forcible rape or other sex offenses
punishable as a felony, mayhem, kidnapping, aggravated
assault, drug trafficking, robbery, larceny or theft
punishable as a felony, motor vehicle theft, burglary
or breaking and entering, extortion accompanied by
threats of violence, and arson punishable as a felony;
* * * * * * *
(16) the term ``valid court order'' means a court
order given by a juvenile court judge to a juvenile--
(A) who was brought before the court and made
subject to such order; and
* * * * * * *
[(C) with respect to whom an appropriate
public agency (other than a court or law
enforcement agency), before the issuance of
such order--
[(i) reviewed the behavior of such
juvenile and the circumstances under
which such juvenile was brought before
the court and made subject to such
order;
[(ii) determined the reasons for the
behavior that caused such juvenile to
be brought before the court and made
subject to such order;
[(iii) determined that all
dispositions (including treatment),
other than placement in a secure
detention facility or a secure
correctional facility, have been
exhausted or are clearly inappropriate;
and
[(iv) submitted to the court a
written report stating the results of
the review conducted under clause (i)
and the determinations made under
clauses (ii) and (iii);
[(17) the term ``Council'' means the Coordinating
Council on Juvenile Justice and Delinquency Prevention
established in section 206(a)(1);]
[(18)] (17) the term ``Indian tribe'' means--
(A) a federally recognized Indian tribe; or
(B) an Alaskan Native organization;
[(19)] (18) the term ``comprehensive and coordinated
system of services'' means a system that--
(A) ensures that services and funding for the
prevention and treatment of juvenile
delinquency are consistent with policy goals of
preserving families and providing appropriate
services in the least restrictive environment
so as to simultaneously protect juveniles and
maintain public safety;
(B) identifies, and intervenes early for the
benefit of, young children who are at risk of
developing emotional or behavioral problems
because of physical or mental stress or abuse,
and for the benefit of their families;
(C) increases interagency collaboration and
family involvement in the prevention and
treatment of juvenile delinquency; and
(D) encourages private and public
partnerships in the delivery of services for
the prevention and treatment of juvenile
delinquency;
[(20)] (19) the term ``gender-specific services''
means services designed to address needs unique to the
gender of the individual to whom such services are
provided;
[(21)] (20) the term ``home-based alternative
services'' means services provided to a juvenile in the
home of the juvenile as an alternative to incarcerating
the juvenile, and includes home detention;
[(22)] (21) the term ``jail or lockup for adults''
means a locked facility that is used by a State, unit
of local government, or any law enforcement authority
to detain or confine adults--
[(i)] (A) pending the filing of a charge of
violating a criminal law;
[(ii)] (B) awaiting trial on a criminal
charge; or
[(iii)] (C) convicted of violating a criminal
law; [and]
[(23)] (22) the term ``nonprofit organization'' means
an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 that is exempt from
taxation under section 501(a) of the Internal Revenue
Code of 1986[.];
(23) the term ``boot camp'' means a residential
facility (excluding a private residence) at which there
are provided--
(A) a highly regimented schedule of
discipline, physical training, work, drill, and
ceremony characteristic of military basic
training;
(B) regular, remedial, special, and
vocational education; and
(C) counseling and treatment for substance
abuse and other health and mental health
problems; and
(24) the term ``violent crime'' means--
(A) murder or nonnegligent manslaughter,
forcible rape, or robbery, or
(B) aggravated assault committed with the use
of a firearm.
TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
[Part A--Juvenile Justice and Delinquency Prevention Office]
Part A_Office of Juvenile Crime Control and Delinquency Prevention
establishment of office
Sec. 201. (a) There is hereby established an Office of
Juvenile [Justice and Delinquency Prevention] Crime Control and
Delinquency Prevention (hereinafter in this division referred
to as the ``Office'') within the Department of Justice under
the general authority of the Attorney General.
* * * * * * *
personnel, special personnel, experts, and consultants
Sec. 202. (a) * * *
(b) The Administrator is authorized to select, appoint, and
employ not to exceed three officers and to fix their
compensation at rates not to exceed the rate now or hereafter
[prescribed for GS-18 of the General Schedule by section 5332]
payable under section 5376 of title 5 of the United States
Code.
* * * * * * *
concentration of federal efforts
Sec. 204. (a)(1) The Administrator shall develop
objectives, priorities, and a long-term plan, and implement
overall policy and a strategy to carry out such plan, for all
Federal juvenile delinquency programs and activities relating
to prevention, diversion, training, treatment, rehabilitation,
evaluation, research, and improvement of the juvenile justice
system in the United States. [In carrying out the functions of
the Administrator, the Administrator shall consult with the
Council.]
(b) In carrying out the purposes of this Act, the
Administrator shall--
(1) * * *
* * * * * * *
(3) conduct and support evaluations and studies of
the performance and results achieved by Federal
juvenile delinquency programs and activities [and of
the prospective performance and results that might be
achieved by alternative programs and activities
supplementary to or in lieu of those currently being
administered];
* * * * * * *
(5)(A) develop for each fiscal year, and publish
annually in the Federal Register for public comment, a
proposed comprehensive plan describing the particular
activities which the Administrator intends to carry out
under [parts C and D] part C in such fiscal year,
specifying in detail those activities designed to
satisfy the requirements of [parts C and D] part C; and
* * * * * * *
(c) The Administrator may require, through appropriate
authority, Federal departments and agencies engaged in any
activity involving any Federal juvenile delinquency program to
provide the Administrator with such information [and reports,
and to conduct such studies and surveys, as the Administrator
may deem to be necessary to carry out the purposes of this
part] as may be appropriate to prevent the duplication of
efforts, and to coordinate activities, related to the
prevention of juvenile delinquency.
* * * * * * *
[(h)] (f) All functions of the Administrator under this
title shall be coordinated as appropriate with the functions of
the Secretary of Health and Human Services under title III of
this Act.
[(i)(1) The Administrator shall require through appropriate
authority each Federal agency which administers a Federal
juvenile delinquency program to submit annually to the Council
a juvenile delinquency development statement. Such statement
shall be in addition to any information, report, study, or
survey which the Administrator may require under subsection
(c).
[(2) Each juvenile delinquency development statement
submitted to the Administrator under paragraph (1) shall
contain such information, data, and analyses as the
Administrator may require. Such analyses shall include an
analysis of the extent to which the juvenile delinquency
program of the Federal agency submitting such development
statement conforms with and furthers Federal juvenile
delinquency prevention and treatment goals and policies.
[(3) The Administrator shall review and comment upon each
juvenile delinquency development statement transmitted to the
Administrator under paragraph (1). Such development statement,
together with the comments of the Administrator, shall be
included by the Federal agency involved in every recommendation
or request made by such agency for Federal legislation which
significantly affects juvenile delinquency prevention and
treatment.]
* * * * * * *
[coordinating council on juvenile justice and delinquency prevention
[Sec. 206. (a)(1) There is hereby established, as an
independent organization in the executive branch of the Federal
Government a Coordinating Council on Juvenile Justice and
Delinquency Prevention composed of the Attorney General, the
Secretary of Health and Human Services, the Secretary of Labor,
the Secretary of Education, the Secretary of Housing and Urban
Development, the Administrator of the Office of Juvenile
Justice and Delinquency Prevention, the Director of the Office
of National Drug Control Policy, the Chief Executive Officer of
the Corporation for National and Community Service, the
Commissioner of Immigration and Naturalization, such other
officers of Federal agencies who hold significant
decisionmaking authority as the President may designate, and
individuals appointed under paragraph (2).
[(2)(A) Nine members shall be appointed, without regard to
political affiliation, to the Council in accordance with this
paragraph from among individuals who are practitioners in the
field of juvenile justice and who are not officers or employees
of the United States.
[(B)(i) Three members shall be appointed by the Speaker of
the House of Representatives, after consultation with the
minority leader of the House of Representatives.
[(ii) Three members shall be appointed by the majority leader
of the Senate, after consultation with the minority leader of
the Senate.
[(iii) Three members shall be appointed by the President.
[(C)(i) Of the members appointed under each of clauses (i),
(ii), and (iii)--
[(I) 1 shall be appointed for a term of 1 year;
[(II) 1 shall be appointed for a term of 2 years; and
[(III) 1 shall be appointed for a term of 3 years;
as designated at the time of appointment.
[(ii) Except as provided in clause (iii), a vacancy arising
during the term for which an appointment is made may be filled
only for the remainder of such term.
[(iii) After the expiration of the term for which a member is
appointed, such member may continue to serve until a successor
is appointed.
[(b) The Attorney General shall serve as Chairman of the
Council. The Administrator of the Office of Juvenile Justice
and Delinquency Prevention shall serve as Vice Chairman of the
Council. The Vice Chairman shall act as Chairman in the absence
of the Chairman.
[(c)(1) The function of the Council shall be to coordinate
all Federal juvenile delinquency programs (in cooperation with
State and local juvenile justice programs all Federal programs
and activities that detain or care for unaccompanied juveniles,
and all Federal programs relating to missing and exploited
children. The Council shall examine how the separate programs
can be coordinated among Federal, State, and local governments
to better serve at-risk children and juveniles and shall make
recommendations to the President and to the Congress at least
annually with respect to the coordination of overall policy and
development of objectives and priorities for all Federal
juvenile delinquency programs and activities and all Federal
programs and activities that detain or care for unaccompanied
juveniles. The Council shall review the programs and practices
of Federal agencies and report on the degree to which Federal
agency funds are used for purposes which are consistent or
inconsistent with the mandates of paragraphs (12)(A), (13), and
(14) of section 223(a) of this title. The Council shall review,
and make recommendations with respect to, any joint funding
proposal undertaken by the Office of Juvenile Justice and
Delinquency Prevention and any agency represented on the
Council. The Council shall review the reasons why Federal
agencies take juveniles into custody and shall make
recommendations regarding how to improve Federal practices and
facilities for holding juveniles in custody.
[(2) In addition to performing their functions as members
of the Council, the members appointed under subsection (a)(2)
shall collectively--
[(A) make recommendations regarding the development
of the objectives, priorities, and the long-term plan,
and the implementation of overall policy and the
strategy to carry out such plan, referred to in section
204(a)(1); and
[(B) not later than 180 days after the date of the
enactment of this paragraph, submit such
recommendations to the Administrator, the Chairman of
the Committee on Education and Labor of the House of
Representatives, and the Chairman of the Committee on
the Judiciary of the Senate.
[(d) The Council shall meet at least quarterly.
[(e) The Administrator shall, with the approval of the
Council, appoint such personnel or staff support as the
Administrator considers necessary to carry out the purposes of
this title.
[(f) Members appointed under subsection (a)(2) shall serve
without compensation. Members of the Council shall be
reimbursed for travel, subsistence, and other necessary
expenses incurred by them in carrying out the duties of the
Council.
[(g) Of sums available to carry out this part, not more
than $200,000 shall be available to carry out this section.]
annual report
Sec. [207] 206. 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, and the President
pro tempore of the Senate a report that contains the following
with respect to such fiscal year:
(1) * * *
(2) A description of the activities for which funds
are expended under this part, including the objectives,
priorities, and accomplishments[, and recommendations
of the Council].
* * * * * * *
[(4) 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) A description of selected exemplary delinquency
prevention programs for which assistance is provided
under this title, with particular attention to
community-based juvenile delinquency prevention
programs that involve and assist families of
juveniles.]
(4) An evaluation of the programs funded under this
title and their effectiveness in reducing the incidence
of juvenile crime, particularly violent crimes.
Part B--Federal Assistance for State and Local Programs
* * * * * * *
allocation
Sec. 222. (a)(1) * * *
(2)(A) Subject to paragraph (3), if the aggregate amount
appropriated for a fiscal year to carry out this title (other
than parts D and E) is less than $75,000,000, then the amount
allocated to each State for such fiscal year shall be not less
than $325,000, or such greater [amount, up to $400,000,] amount
up to $400,000 as is available to be allocated without reducing
the amount of any State or territory's allocation below the
amount allocated for fiscal year 1992, except that the amount
allocated to the Virgin Islands of the United States, Guam,
American Samoa, [the Trust Territory of the Pacific Islands,]
and the Commonwealth of the Northern Mariana Islands shall be
not less than $75,000, or such greater [amount, up to
$100,000,] amount up to $100,000 as is available to be
allocated without reducing the amount of any State or
territory's allocation below the amount allocated for fiscal
year 1992, each.
(B) Subject to paragraph (3), if the aggregate amount
appropriated for a fiscal year to carry out this title (other
than part D) equals or exceeds $75,000,000, then the amount
allocated to each State for such fiscal year shall be not less
than $400,000, or such greater [amount, up to $600,000,] amount
up to $600,000 as is available to be allocated if
appropriations have been enacted and made available to carry
out parts D and E in the full amounts authorized by [section
299(a) (1) and (3)] paragraphs (1) and (3) of section 299(a),
except that the amount allocated to the Virgin Islands of the
United States, Guam, American Samoa, [the Trust Territory of
the Pacific Islands,] and the Commonwealth of the Northern
Mariana Islands shall be not less than $100,000, or such
greater [amount, up to $100,000,] amount up to $100,000 as is
available to be allocated without reducing the amount of any
State or territory's allocation below the amount allocated for
fiscal year 1992, each.
(3) If, as a result of paragraph (2), the amount allocated
to a State for a fiscal year would be less than the amount
allocated to such State for fiscal year 1992, then the amounts
allocated to satisfy the requirements of such paragraph shall
be reduced pro rata to the extent necessary to [allot] allocate
to such State for the fiscal year the amount allocated to such
State for fiscal year 1992.
(b) If any amount so allocated remains unobligated at the
end of the fiscal year, such funds shall be reallocated in a
manner equitable and consistent with the purpose of this part.
Any amount so reallocated shall be in addition to the amounts
already allocated and available to the State, the Virgin
Islands, American Samoa, Guam, [the Trust Territory of the
Pacific Islands,] and the Commonwealth of the Northern Mariana
Islands for the same period.
* * * * * * *
state plans
Sec. 223. (a) In order to receive formula grants under this
part, a State shall submit a plan for carrying out its purposes
applicable to a 3-year period. [Such plan shall be amended]
Amendments to such plan shall be submitted annually to include
new programs [and challenge activities subsequent to State
participation in part E]. The State shall submit annual
performance reports to the Administrator which shall describe
progress in implementing programs contained in the original
plan, and shall describe the status of compliance with State
plan requirements. In accordance with regulations which the
Administrator shall prescribe, such plan shall--
(1) * * *
* * * * * * *
(3) provide for an advisory group[, which--] that--
(A) shall consist of [not less than 15 and
not more than 33] the attorney general of the
State or such other State official who has
primary responsibility for overseeing the
enforcement of State criminal laws, and members
appointed by the chief executive officer of the
State, in consultation with the attorney
general of the State or such other State
official who has primary responsibility for
overseeing the enforcement of State criminal
laws--
(i) which members have training,
experience, or special knowledge
concerning the prevention and treatment
of juvenile delinquency [or the
administration of juvenile justice],
the administration of juvenile justice,
or the reduction of juvenile crime;
(ii) which members [include--
[(I) at least 1 locally
elected official representing
general purpose local
government;
[(II) representatives of law
enforcement and juvenile
justice agencies, including
juvenile and family court
judges, prosecutors, counsel
for children and youth, and
probation workers;
[(III) representatives of
public agencies concerned with
delinquency prevention or
treatment, such as welfare,
social services, mental health,
education, special education,
recreation, and youth services;
[(IV) representatives of
private nonprofit
organizations, including
persons with a special focus on
preserving and strengthening
families, parent groups and
parent self-help groups, youth
development, delinquency
prevention and treatment,
neglected or dependent
children, the quality of
juvenile justice, education,
and social services for
children;
[(V) volunteers who work with
delinquents or potential
delinquents;
[(VI) youth workers involved
with programs that are
alternatives to incarceration,
including programs providing
organized recreation
activities;
[(VII) persons with special
experience and competence in
addressing problems related to
school violence and vandalism
and alternatives to suspension
and expulsion; and
[(VIII) persons with special
experience and competence in
addressing problems related to
learning disabilities,
emotional difficulties, child
abuse and neglect, and youth
violence;] represent a
multidisciplinary approach to
addressing juvenile crime and
may include--
(I) individuals who represent
units of general local
government, law enforcement and
juvenile justice agencies,
public agencies concerned with
the prevention and treatment of
juvenile delinquency and with
the adjudication of juveniles,
or nonprofit private
organizations, particularly
those that serve juveniles; and
(II) such other individuals
as the chief executive officer
considers to be appropriate;
and
(iii) a majority of which members
(including the chairperson) shall not
be full-time employees of the Federal,
State, or local government;
[(iv) at least one-fifth of which
members shall be under the age of 24 at
the time of appointment; and
[(v) at least 3 members who have been
or are currently under the jurisdiction
of the juvenile justice system;]
(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 the opportunity to
review and comment, not later than 30 days
after their submission to the advisory group,
on all juvenile [justice] crime control and
delinquency prevention grant applications
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 at least annually recommendations
regarding State compliance with the
requirements of [paragraphs (12), (13),
and (14) and with progress relating to
challenge activities carried out
pursuant to part E] paragraphs (11),
(12), and (13); and
[(iii) contact and seek regular input
from juveniles currently under the
jurisdiction of the juvenile justice
system; and]
(E) may, consistent with this [title--
[(i) advise on State supervisory
board and local criminal justice
advisory board composition;
[(ii)] title, review progress and
accomplishments of projects funded
under the State plan.
* * * * * * *
(5) unless the provisions of this paragraph are
waived at the discretion of the Administrator for any
State in which the services for delinquent or other
youth are organized primarily on a statewide basis,
provide that at least 66\2/3\ per centum of funds
received by the State under section 222, other than
funds made available to the state advisory group under
section 222(d), shall be expended--
(A) * * *
* * * * * * *
(C) to provide funds for programs of Indian
tribes that perform law enforcement functions
(as determined by the Secretary of the
Interior) and that agree to attempt to comply
with the requirements specified in [paragraphs
(12)(A), (13), and (14)] paragraphs (11)(A),
(12), and (13), applicable to the detention and
confinement of juveniles, an amount that bears
the same ratio to the aggregate amount to be
expended through programs referred to in
subparagraphs (A) and (B) as the population
under 18 years of age in the geographical areas
in which such tribes perform such functions
bears to the State population under 18 years of
age.
* * * * * * *
[(6) provide that the chief executive officer of the
unit of general local government shall assign
responsibility for the preparation and administration
of the local government's part of a State plan, or for
the supervision of the preparation and administration
of the local government's part of the State plan, to
that agency within the local government's structure or
to a regional planning agency (hereinafter in this part
referred to as the ``local agency'') which can most
effectively carry out the purposes of this part and
shall provide for supervision of the programs funded
under this part by that local agency;]
[(7)] (6) provide for an equitable distribution of
the assistance received under section 222 within the
State, including in rural areas;
[(8)] (7)(A) provide [for (i) an analysis of juvenile
crime problems (including the joining of gangs that
commit crimes) and juvenile justice and delinquency
prevention needs (including educational needs) within
the relevant jurisdiction] for an analysis of juvenile
crime problems in, and the juvenile crime control and
delinquency prevention needs (including educational
needs) of, the State (including any geographical area
in which an Indian tribe performs law enforcement
functions), a description of the services to be
provided, and a description of performance goals and
priorities, including a specific statement of the
manner in which programs are expected to meet the
identified juvenile crime problems (including the
joining of gangs that commit crimes) and juvenile
[justice] crime control and delinquency prevention
needs (including educational needs) [of the
jurisdiction; (ii) an indication of the manner in which
the programs relate to other similar State or local
programs which are intended to address the same or
similar problems; and (iii) a plan for the
concentration of State efforts which shall coordinate
all State juvenile delinquency programs with respect to
overall policy and development of objectives and
priorities for all State juvenile delinquency programs
and activities, including provision for regular
meetings of State officials with responsibility in the
area of juvenile justice and delinquency prevention;]
of the state; and
[(B) contain--
[(i) an analysis of gender-specific services
for the prevention and treatment of juvenile
delinquency, including the types of such
services available and the need for such
services for females; and
[(ii) a plan for providing needed gender-
specific services for the prevention and
treatment of juvenile delinquency;
[(C) contain--
[(i) an analysis of services for the
prevention and treatment of juvenile
delinquency in rural areas, including the need
for such services, the types of such services
available in rural areas, and geographically
unique barriers to providing such services; and
[(ii) a plan for providing needed services
for the prevention and treatment of juvenile
delinquency in rural areas; and
[(D) contain--
[(i) an analysis of mental health services
available to juveniles in the juvenile justice
system (including an assessment of the
appropriateness of the particular placements of
juveniles in order to receive such services)
and of barriers to access to such services; and
[(ii) a plan for providing needed mental
health services to juveniles in the juvenile
justice system;]
(B) contain--
(i) a plan for providing needed services for
the prevention and treatment of juvenile
delinquency in rural areas;
(ii) a plan for providing needed mental
health services to juveniles in the juvenile
justice system; and
(iii) a plan for providing needed gender-
specific services for the prevention and
treatment of juvenile delinquency;
[(9) provide for the active consultation with and
participation of private agencies in the development
and execution of the State plan; and provide for
coordination and maximum utilization of existing
juvenile delinquency programs and other related
programs, such as education, special education,
recreation, health, and welfare within the State;]
(8) provide for the coordination and maximum
utilization of existing juvenile delinquency programs,
programs operated by private agencies, and other
related programs (such as education, special education,
recreation, health, and welfare programs) in the State;
[(10)] (9) provide that not less than 75 percent of
the funds available to the State under section 222,
other than funds made available to the State advisory
group under section 222(d), whether expended directly
by the State, by the unit of general local government,
or by a combination thereof, or through grants and
contracts with public or private nonprofit agencies,
shall be used for--
(A) community-based alternatives (including
home-based alternatives) to incarceration and
institutionalization[, specifically--
[(i) for youth who can remain at home
with assistance: home probation and
programs providing professional
supervised group activities or
individualized mentoring relationships
with adults that involve the family and
provide counseling and other supportive
services;
[(ii) for youth who need temporary
placement: crisis intervention,
shelter, and after-care; and
[(iii) for youth who need residential
placement: a continuum of foster care
or group home alternatives that provide
access to a comprehensive array of
services];
[(B) community-based programs and services to
work with--
[(i) parents and other family members
to strengthen families, including
parent self-help groups, so that
juveniles may be retained in their
homes;
[(ii) juveniles during their
incarceration, and with their families,
to ensure the safe return of such
juveniles to their homes and to
strengthen the families; and
[(iii) parents with limited English-
speaking ability, particularly in areas
where there is a large population of
families with limited-English speaking
ability;]
(B) programs that assist in holding juveniles
accountable for their actions, including the
use of neighborhood courts or panels that
increase victim satisfaction and require
juveniles to make restitution for the damage
caused by their delinquent acts, and of a
system of graduated sanctions for juvenile
delinquents that ensures a sanction for every
delinquent act;
(C) comprehensive [juvenile justice] juvenile
crime control and delinquency prevention
programs that meet the needs of youth through
the collaboration of the many local systems
before which a youth may appear, including
schools, courts, law enforcement agencies,
child protection agencies, mental health
agencies, welfare services, health care
agencies, and private nonprofit agencies
offering youth services;
[(D) projects designed to develop and
implement programs stressing advocacy
activities aimed at improving services for and
protecting the rights of youth affected by the
juvenile justice system;]
(D) programs that provide treatment to
juvenile offenders who are victims of child
abuse or neglect, and to their families, in
order to reduce the likelihood that such
juvenile offenders will commit subsequent
violations of law;
(E) educational programs or supportive
services for delinquent or other [juveniles,
provided equitably regardless of sex, race, or
family income, designed to--
[(i) encourage juveniles to remain in
elementary and secondary schools or in
alternative learning situations,
including--
[(I) education in settings
that promote experiential,
individualized learning and
exploration of academic and
career options;
[(II) assistance in making
the transition to the world of
work and self-sufficiency;
[(III) alternatives to
suspension and expulsion; and
[(IV) programs to counsel
delinquent juveniles and other
juveniles regarding the
opportunities that education
provides; and]
juveniles--
(i) to encourage juveniles to remain
in elementary and secondary schools or
in alternative learning situations;
(ii) to provide services to assist
juveniles in making the transition to
the world of work and self-sufficiency;
and
[(ii)] (iii) enhance coordination
with the local schools that such
juveniles would otherwise attend, to
ensure that--
(I) * * *
* * * * * * *
[(F) expanded use of home probation and
recruitment and training of home probation
officers, other professional and
paraprofessional personnel, and volunteers to
work effectively to allow youth to remain at
home with their families as an alternative to
incarceration or institutionalization;
[(G) youth-initiated outreach programs
designed to assist youth (including youth with
limited proficiency in English) who otherwise
would not be reached by traditional youth
assistance programs;]
(F) expand the use of probation officers in
order to permit nonviolent delinquent juveniles
to remain at home with their families as an
alternative to incarceration or
institutionalization and, at the same time, to
ensure that such juveniles follow the terms of
their probation;
(G) one-to-one mentoring programs that are
designed to link nonviolent juvenile offenders,
particularly juveniles residing in high-crime
areas and juveniles experiencing educational
failure, with responsible adults (such as law
enforcement officers, adults working with local
businesses, and adults working with community-
based organizations and agencies) who are
properly screened and trained;
(H) programs designed to develop and
implement projects relating to juvenile
delinquency and learning disabilities,
including on-the-job training programs to
assist community services, law enforcement, and
juvenile justice personnel to more effectively
recognize and provide for learning disabled and
other [handicapped youth] juveniles with
disabilities;
* * * * * * *
[(K) law-related education programs (and
projects) for delinquent and at-risk youth
designed to prevent juvenile delinquency;
[(L) programs for positive youth development
that assist delinquent and other at-risk youth
in obtaining--
[(i) a sense of safety and structure;
[(ii) a sense of belonging and
membership;
[(iii) a sense of self-worth and
social contribution;
[(iv) a sense of independence and
control over one's life;
[(v) a sense of closeness in
interpersonal relationships; and
[(vi) a sense of competence and
mastery including health and physical
competence, personal and social
competence, cognitive and creative
competence, vocational competence, and
citizenship competence, including
ethics and participation;
[(M) programs that, in recognition of varying
degrees of the seriousness of delinquent
behavior and the corresponding gradations in
the responses of the juvenile justice system in
response to that behavior, are designed to--
[(i) encourage courts to develop and
implement a continuum of post-
adjudication restraints that bridge the
gap between traditional probation and
confinement in a correctional setting
(including expanded use of probation,
mediation, restitution, community
service, treatment, home detention,
intensive supervision, electronic
monitoring, boot camps and similar
programs, and secure community-based
treatment facilities linked to other
support services such as health, mental
health, education (remedial and
special), job training, and
recreation); and
[(ii) assist in the provision by the
provision by the Administrator of
information and technical assistance,
including technology transfer, to
States in the design and utilization of
risk assessment mechanisms to aid
juvenile justice personnel in
determining appropriate sanctions for
delinquent behavior;
[(N) programs designed to prevent and reduce
hate crimes committed by juveniles, including
educational programs and sentencing programs
designed specifically for juveniles who commit
hate crimes and that provide alternatives to
incarceration; and]
(K) boot camps for juvenile offenders;
(L) community-based programs and services to
work with juveniles, their parents, and other
family members during and after incarceration
in order to strengthen families so that such
juveniles may be retained in their homes;
(M) other activities (such as court-appointed
special advocates) that the State determines
will hold juveniles accountable for their acts
and decrease juvenile involvement in delinquent
activities;
(N) programs designed to prevent and reduce
hate crimes committed by juveniles;
(O) programs (including referral to literacy
programs and social service programs) to assist
families with limited English-speaking ability
that include delinquent juveniles to overcome
language and [cultural] other barriers that may
prevent the complete treatment of such
juveniles and the preservation of their
families[.];
(P) a system, subject to the discretion of
the State, that provides for the treatment as
adults for purposes of prosecution, of
juveniles under 18 years of age who commit an
act that would be a violent crime if committed
by an adult;
(Q) a system of records relating to any
adjudication of juveniles less than 18 years of
age who are adjudicated delinquent for conduct
that would be a violent crime if committed by
an adult, that is--
(i) equivalent to the records that
would be kept of adults arrested for
such conduct, including fingerprints
and photographs;
(ii) submitted to the Federal Bureau
of Investigation in the same manner as
adult records are so submitted;
(iii) retained for a period of time
that is equal to the period of time
records are retained for adults; and
(iv) available on an expedited basis
to law enforcement agencies, the
courts, and school officials (and such
school officials shall be subject to
the same standards and penalties that
law enforcement and juvenile justice
system employees are subject to under
Federal and State law, for handing and
disclosing such information); and
(R) programs that utilize multidisciplinary
interagency case management and information
sharing, that enable the juvenile justice and
law enforcement agencies, schools, and social
service agencies to make more informed
decisions regarding early identification,
control, supervision, and treatment of
juveniles who repeatedly commit violent or
serious delinquent acts.
[(11)] (10) provide for the development of an
adequate research, training, and evaluation capacity
within the State;
[(12)] (11)(A) provide within three years after
submission of the initial plan that juveniles who are
charged with or who have committed offenses that would
not be criminal if committed by an adult or offenses
(other than an offense that constitutes a violation of
a valid court order or a violation of section 922(x) of
title 18, United States Code, or a similar State
[law).] law) or alien juveniles in custody, or such
nonoffenders as dependent or neglected children, shall
not be placed in secure detention facilities or secure
correctional facilities except temporarily and to the
extent necessary to reunite such juveniles with their
parents or legal guardians; and
(B) provide that the State shall submit annual
reports to the Administrator containing a review of the
progress made by the State to achieve the
deinstitutionalization of juveniles described in
subparagraph (A) and a review of the progress made by
the State to provide that such juveniles, if placed in
facilities, are placed in facilities which (i) are the
least restrictive alternatives appropriate to the needs
of the child and the community; (ii) are in reasonable
proximity to the family and the home communities of
such juveniles; and (iii) provide the services
described in section 103(1);
[(13) provide that juveniles alleged to be or found
to be delinquent and youths within the purview of
paragraph (12) shall not be detained or confined in any
institution in which they have contact with adult
persons incarcerated because they have been convicted
of a crime or are awaiting trial on criminal charges or
with the part-time or full-time security staff
(including management) or direct-care staff of a jail
or lockup for adults;
[(14) provide that, beginning after the five-year
period following December 8, 1980, no juvenile shall be
detained or confined in any jail or lockup for adults,
except that the Administrator shall, through 1997,
promulgate regulations which make exceptions with
regard to the detention of juveniles accused of
nonstatus offenses who are awaiting an initial court
appearance pursuant to an enforceable State law
requiring such appearances within twenty-four hours
after being taken into custody (excluding weekends and
holidays) provided that such exceptions are limited to
areas that are in compliance with paragraph (13) and--
[(A)(i) are outside a Standard Metropolitan
Statistical Area; and
[(ii) have no existing acceptable alternative
placement available;
[(B) are located where conditions of distance
to be traveled or the lack of highway, road, or
other ground transportation do not allow for
court appearances within 24 hours, so that a
brief (not to exceed 48 hours) delay is
excusable; or
[(C) are located where conditions of safety
exist (such as severely adverse, life-
threatening weather conditions that do not
allow for reasonably safe travel), in which
case the time for an appearance may be delayed
until 24 hours after the time that such
conditions allow for reasonably safe travel;]
(12) provide that--
(A) juveniles alleged to be or found to be
delinquent, and juveniles within the purview of
paragraph (11), will not be detained or
confined in any institution in which they have
regular contact, or unsupervised incidental
contact, with adults incarcerated because such
adults have been convicted of a crime or are
awaiting trial on criminal charges; and
(B) there is in effect in the State a policy
that requires individuals who work with both
such juveniles and such adults have been
trained to work with juveniles;
(13) provide that no juvenile will be detained or
confined in any jail or lockup for adults except--
(A) at the election of the State, juveniles
who are convicted as an adult of, or after a
determination at a probable cause hearing are
charged as an adult with, a violent crime; and
(B) juveniles who are accused of nonstatus
offenses, who are awaiting an initial court
appearance pursuant to a State law requiring
such appearance within 48 hours after being
taken into custody (excluding weekends and
holidays), and who are detained or confined in
a jail or lockup--
(i) in which--
(I) such juveniles do not
have regular contact, or
unsupervised incidental
contact, with adults
incarcerated because such
adults have been convicted or a
crime or are awaiting trial on
criminal charges; and
(II) there is in effect in
the State a policy that
requires individuals who work
with both such juveniles and
such adults have been trained
to work with juveniles; and
(ii) that--
(I) is located outside a
metropolitan statistical area
(as defined by the Office of
Management and Budget);
(II) has no existing
acceptable alternative
placement available;
(III) is located where
conditions of distance to be
traveled or the lack of
highway, road, or other ground
transportation do not allow for
court appearances within 24
hours so that a brief (not to
exceed 48 hours) delay is
excusable; or
(IV) is located where
conditions of safety exist
(such as severally adverse,
life-threatening weather
conditions that do not allow
for reasonably safe travel), in
which case the time for an
appearance may be delayed until
24 hours after the time that
such conditions allow for
reasonably safe travel;
[(15)] (14) provide for an adequate system of
monitoring jails, detention facilities, correctional
facilities, and non-secure facilities to insure that
the requirements of [paragraph (12)(A), paragraph (13),
and paragraph (14)] paragraphs (11)(A), (12), and (13)
are met, and for annual reporting of the results of
such monitoring to the Administrator, except that such
reporting requirements shall not apply in the case of a
State which is in compliance with the other
requirements of this paragraph, which is in compliance
with the requirements in [paragraph (12)(A) and
paragraph (13)] paragraphs (11)(A) and (12), and which
has enacted legislation which conforms to such
requirements and which contains, in the opinion of the
Administrator, sufficient enforcement mechanisms to
ensure that such legislation will be administered
effectively;
[(16)] (15) provide assurance that youth in the
juvenile justice system are treated equitably on the
basis of gender, race, family income, and [mentally,
emotionally, or physically handicapping conditions]
disability;
[(17)] (16) provide assurance that consideration will
be given to and that assistance will be available for
approaches designed to strengthen the families of
delinquent and other youth to prevent juvenile
delinquency (which approaches should include the
involvement of grandparents or other extended family
members when possible and appropriate and the provision
of family counseling during the incarceration of
juvenile family members and coordination of family
services when appropriate and feasible);
[(18)] (17) provide for procedures to be established
for protecting the rights of recipients of services and
for assuring appropriate privacy with regard to records
relating to such services provided to any individual
under the State plan;
[(19) provide that fair and equitable arrangements
shall be made to protect the interests of employees
affected by assistance under this Act and shall provide
for the terms and conditions of such protective
arrangements established pursuant to this section, and
such protective arrangements shall, to the maximum
extent feasible, include, without being limited to,
such provisions as may be necessary for--
[(A) the preservation of rights, privileges,
and benefits (including continuation of pension
rights and benefits) under existing collective-
bargaining agreements or otherwise;
[(B) the continuation of collective-
bargaining rights;
[(C) the protection of individual employees
against a worsening of their positions with
respect to their employment;
[(D) assurances of employment to employees of
any State or political subdivision thereof who
will be affected by any program funded in whole
or in part under provisions of this Act; and
[(E) training or retraining programs;]
[(20)] (18) provide for such fiscal control and fund
accounting procedures necessary to assure prudent use,
proper disbursement, and accurate accounting of funds
received under this title;
[(21)] (19) provide reasonable assurances that
Federal funds made available under this part for any
period will be so used as to supplement and increase
(but not supplant) the level of the State, local, and
other non-Federal funds that would in the absence of
such Federal funds be made available for the programs
described in this part, and will in no event replace
such State, local, and other non-Federal funds;
[(22)] (20) provide that the State agency designated
under paragraph (1) will from time to time, but not
less often than annually, review its plan and submit to
the Administrator an analysis and evaluation of the
effectiveness of the programs and activities carried
out under the plan, and any modifications in the plan,
including the survey of State and local needs, which it
considers necessary;
[(23)] (21) address efforts to reduce the proportion
of juveniles detained or confined in secure detention
facilities, secure correctional facilities, jails, and
lockups who are members of minority groups if such
proportion, with relevant factors held constant,
exceeds the proportion such groups represent in the
[general population;] total population of juveniles who
are brought into the juvenile justice system; and
[(24) contain such other terms and conditions as the
Administrator may reasonably prescribe to assure the
effectiveness of the programs assisted under this
title; and]
(22) provide that if a juvenile is taken into custody
under a valid court order issued for committing a
status offense--
(A) the appropriate agency that provides
child protective services shall be promptly
notified that such juvenile is held under such
order;
(B) not later than 24 hours after such
juvenile is so taken into custody, an
authorized representative of such agency shall
interview, in person, such juvenile; and
(C) not later than 72 hours after such
juvenile is so taken into custody--
(i) such representative shall submit
a recommendation to the court that
issued such order, regarding the proper
treatment plan for such juvenile; and
(ii) such court shall conduct a
hearing to determine--
(I) whether there is
reasonable cause to believe
that such juvenile committed
such status offense; and
(II) the appropriate
placement of such juvenile
pending disposition of the
status offense that is the
subject of such order.
[(25)] (23) provide an assurance that if the State
receives under section 222 for any fiscal year an
amount that exceeds 105 percent of the amount the State
received under such section for fiscal year 1992, all
of such excess shall be expended through or for
programs that are part of a comprehensive and
coordinated community system of services.
* * * * * * *
[(c)(1) Subject to paragraph (2), the Administrator shall
approve any State plan and any modification thereof that meets
the requirements of this section.
[(2) Failure to achieve compliance with the subsection
(a)(12)(A) requirement within the 3-year time limitation shall
terminate any State's eligibility for funding under this part
for a fiscal year beginning before January 1, 1993, unless the
Administrator determines that the State is in substantial
compliance with the requirement, through achievement of
deinstitutionalization of not less than 75 percent of such
juveniles or through removal of 100 percent of such juveniles
from secure correctional facilities, and has made, through
appropriate executive or legislative action, an unequivocal
commitment to achieving full compliance within a reasonable
time not exceeding 2 additional years.
[(3) If a State fails to comply with the requirements of
subsection (a), (12)(A), (13), (14), or (23)
[(A) subject to subparagraph (B), the amount allotted
under section 222 to the State for that fiscal year
shall be reduced by 25 percent for each such paragraph
with respect to which noncompliance occurs; and
[(B) the State shall be ineligible to receive any
allotment under that section for such fiscal year
unless--
[(i) the State agrees to expend all the
remaining funds the State receives under this
part (excluding funds required to be expended
to comply with section 222 (c) and (d) and with
section 223(a)(5)(C)) for that fiscal year only
to achieve compliance with any such paragraph
with respect to which the State is in
noncompliance; or
[(ii) the Administrator determines, in the
discretion of the Administrator, that the
State--
[(I) has achieved substantial
compliance with each such paragraph
with respect to which the State was not
in compliance; and
[(II) has made, through appropriate
executive or legislative action, an
unequivocal commitment to achieving
full compliance within a reasonable
time.]
(c) If a State fails to comply with any of the applicable
requirements of paragraphs (11)(A), (13), (14), and (21) of
subsection (a) in any fiscal year beginning after September 30,
1996, then the amount allocated to such State for the
subsequent fiscal year shall be reduced by not to exceed 12.5
percent for each such paragraph with respect to which the
failure occurs, unless the Administrator determines that the
State--
(1) has achieved substantial compliance with such
applicable requirements with respect to which the State
was not in compliance; and
(2) has made, through appropriate executive or
legislative action, an unequivocal commitment to
achieving full compliance with such applicable
requirements within a reasonable time.
(d) In the event that any State chooses not to submit a
plan, fails to submit a plan, or submits a plan or any
modification thereof, which the Administrator, after reasonable
notice and opportunity for hearing, in accordance with sections
802, 803, and 804 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968, determines does not meet the
requirements of this section, the Administrator shall endeavor
to make that State's [allotment] allocation under the
provisions of section 222(a), excluding funds the Administrator
shall make available to satisfy the requirement specified in
section 222(d), available to local public and private non-
profit agencies within such State for use in carrying out
activities of the kinds described in [subsection (a) (12)(A),
(13), (14) and (23)] paragraphs (11)(A), (12), (13), and (21)
of subsection (a). The Administrator shall make funds which
remain available after disbursements are made by the
Administrator under the preceding sentence, and any other
unobligated funds, available on an equitable basis to those
States that have achieved full compliance with the requirements
under [subsection (a) (12)(A), (13), (14) and (23)] paragraphs
(11)(A), (12), (13), and (21) of subsection (a).
Part C--National Programs
Subpart I--National Institute for Juvenile Justice and Delinquency
Prevention
establishment of national institute for juvenile [justice] crime
control and delinquency prevention
Sec. 241. (a) There is hereby established within the
Juvenile Justice and Delinquency Prevention Office a National
Institute for Juvenile [Justice] crime control and Delinquency
Prevention.
(b) The National Institute for Juvenile [Justice] Crime
Control and Delinquency Prevention shall be under the
supervision and direction of the Administrator.
(c) The activities of the National Institute for Juvenile
[Justice] Crime Control and Delinquency Prevention shall be
coordinated with the activities of the National Institute of
Justice in accordance with the requirements of section 201(b).
(d) It shall be the purpose of the Institute to provide--
(1) * * *
* * * * * * *
(2) appropriate training (including training designed
to strengthen and maintain the family unit) for
representatives of Federal, State, local law
enforcement officers, teachers and special education
personnel, recreation and park [personnel,,] personnel,
family counselors, child welfare workers, juvenile
judges and judicial personnel, probation personnel,
prosecutors and defense attorneys, correctional
personnel (including volunteer lay personnel), persons
associated with law-related education, youth workers,
and representatives of private agencies and
organizations with specific experience in the
prevention, treatment, and control of juvenile
delinquency.
* * * * * * *
(f)(1) The Administrator, acting through the Institute,
shall provide technical [and financial] assistance to an
eligible organization composed of member representatives of the
State advisory groups appointed under section 223(a)(3) to
assist such organization to carry out the functions specified
in paragraph (2).
(2) To be eligible to receive such assistance, such
organization shall agree to carry out activities that include--
(A) * * *
* * * * * * *
(C) reviewing Federal policies regarding juvenile
[justice] crime control and delinquency prevention;
* * * * * * *
(E) advising the President and Congress with regard
to State perspectives on the operation of the Office
and Federal legislation pertaining to juvenile
[justice] crime control and delinquency prevention.
* * * * * * *
research, demonstration, and evaluation functions
Sec. 243. (a) The Administrator, acting through the
National Institute for Juvenile [Justice] Crime Control and
Delinquency Prevention, is authorized to--
(1) * * *
* * * * * * *
(2) encourage the development of demonstration
projects in new, innovative techniques and methods to
prevent and treat juvenile delinquency, particularly to
prevent serious crimes and violent crimes;
(3) establish or expand programs that, in recognition
of varying degrees of the seriousness of delinquent
behavior and the corresponding gradations in the
responses of the juvenile justice system in response to
that behavior, are designed to--
[(i)] (A) encourage courts to develop and
implement a continuum of post-adjudication
restraints that bridge the gap between
traditional probation and confinement in a
correctional setting (including expanded use of
probation, mediation, restitution, community
service, treatment, home detention, intensive
supervision, electronic monitoring, boot camps
and similar programs, and secure community-
based treatment facilities linked to other
support services such as health, mental health,
education (remedial and special), job training,
and recreation); and
[(ii)] (B) assist in the provision by the
Administrator of information and technical
assistance, including technology transfer, to
States in the design and utilization of risk
assessment mechanisms to aid juvenile justice
personnel in determining appropriate sanctions
for delinquent behavior;
(4) [Encourage] encourage the development of programs
which, in addition to helping youth take responsibility
for their behavior, take into consideration life
experiences which may have contributed to their
delinquency when developing intervention and treatment
programs;
[(5)] (6) provide for the evaluation of all juvenile
delinquency programs assisted under this title in order
to determine the results and the effectiveness of such
programs;
[(6) provide for the evaluation of any other Federal,
State, or local juvenile delinquency program;]
(7) provide for the evaluation of--
(A) programs and interventions designed to
prevent juvenile violence; and
(B) all other juvenile delinquency programs
assisted under this title;
in order to determine the results and the effectiveness
of such programs and such interventions;
[(7)] (8) prepare, in cooperation with educational
institutions, with Federal, State, and local agencies,
and with appropriate individuals and private agencies,
such studies as it considers to be necessary with
respect to the prevention and treatment of juvenile
delinquency (particularly the prevention of serious
crime and violent crime) and the improvement of the
juvenile justice system, including--
(A) * * *
* * * * * * *
[(B) assessments regarding the role of family
violence, sexual abuse or exploitation, media
violence, the improper handling of youth placed
in one State by another State, the
effectiveness of family-centered treatment
programs, special education, remedial
education, and recreation, and the extent to
which youth in the juvenile system are treated
differently on the basis of sex, race, or
family income and the ramifications of such
treatment;]
(B) assessments regarding--
(i) the role of family violence,
sexual abuse or exploitation, drug
abuse within the family, media
violence, the improper handling of
juveniles placed in one State by
another State, and the effectiveness of
family-centered treatment programs,
special education, remedial education,
and recreation;
(ii) the extent to which juveniles in
the juvenile justice system are treated
differently on the basis of sex, race,
family composition, past delinquent
behavior or family income; and
(iii) the ramifications of such
treatment on such juveniles and on the
recidivism rate of such juveniles;
* * * * * * *
(D) recommendations as to effective means for
deterring involvement in illegal activities or
promoting involvement in lawful activities
[(including the productive use of discretionary
time through organized recreational] on the
part of gangs whose membership is substantially
composed of juveniles; and
(E) examine the nature and extent to which
States have opened juvenile delinquency
proceedings, and records of such proceedings,
to the public and the impact which the opening
of such proceedings and records has on the
recidivism rate of juveniles and on their post-
adjudication involvement in school, success in
employment, and relationship with family and
community;
[(8)] (9) disseminate pertinent data and studies to
individuals, agencies, and organizations concerned with
the prevention and treatment of juvenile delinquency;
[(9)] (10) develop and support model State
legislation consistent with the mandates of this title
and the standards developed by the National Advisory
Committee for Juvenile Justice and Delinquency
Prevention before the date of the enactment of the
Juvenile Justice, Runaway Youth, and Missing Children's
Act Amendments of 1984;
[(10) develop and support model State legislation
consistent with the mandates of this title and the
standards developed by the National Advisory Committee
for Juvenile Justice and Delinquency Prevention before
the date of the enactment of the Juvenile Justice,
Runaway Youth, and Missing Children's Act Amendments of
1984;
[(11) support research relating to reducing the
excessive proportion of juveniles detained or confined
in secure detention facilities, secure correctional
facilities, jails, and lockups who are members of
minority groups; and]
(11) support research relating to reducing the
proportion of juveniles detained or confined in secure
detention facilities, secure correctional facilities,
jails, and lockups who are members of minority groups;
(12) support research related to achieving a better
understanding of the commission of hate crimes by
juveniles;
[(12)] (13) support independent and collaborative
research, research training, and consultation on
social, psychological, educational, economic, and legal
issues affecting children and families as such issues
relate to the prevention of juvenile delinquency;
[(13) support research related to achieving a better
understanding of the commission of hate crimes by
juveniles and designed to identify educational programs
best suited to prevent and reduce the incidence of hate
crimes committed by juveniles; and]
(14) support research on--
(A) the extent, nature, risk and protective
factors, and causes of juvenile violence and
juvenile delinquency; and
(B) the effectiveness of restitution and
graduated sanctions on reducing juvenile
violence and juvenile delinquency;
[(14)] (15) routinely collect, analyze, compile,
publish, and disseminate uniform national statistics
concerning--
(A) all aspects of juveniles as victims and
offenders;
(B) the processing and treatment, in the
juvenile justice system, of juveniles who are
status offenders, delinquent, neglected, or
abused; and
(C) the processing and treatment of such
juveniles who are treated as adults for
purposes of the criminal justice system.
(b) The Administrator shall make available to the public--
(1) the results of evaluations and research and
demonstration activities referred to in [subsection
(a)(8)] subsection (a)(9); and
(2) the data and studies referred to in [subsection
(a)(9)] subsection (a)(10);
that the Administrator is authorized to disseminate under
subsection (a).
technical assistance and training functions
Sec. 244. The Administrator, acting through the National
Institute for Juvenile [Justice] Crime Control and Delinquency
Prevention is authorized to--
(1) * * *
(2) develop, conduct, and provide for training
programs for the training of professional,
paraprofessional, and volunteer personnel, and other
persons who are working with or preparing to work with
juveniles, juvenile offenders [(including juveniles who
commit hate crimes)], and their families;
(3) develop, conduct, and provide for seminars,
workshops, and training programs in the latest proven
effective techniques and methods of preventing and
treating juvenile delinquency for law enforcement
officers, juvenile judges, prosecutors, and defense
[attorneys,,] attorneys, and other court personnel,
probation officers, correctional personnel, and other
Federal, State, and local government personnel who are
engaged in work relating to juvenile delinquency;
* * * * * * *
establishment of training program
Sec. 245. (a) The Administrator shall establish within the
Institute a training program designed to train enrollees with
respect to methods and techniques for the prevention and
treatment of juvenile delinquency[, including methods and
techniques specifically designed to prevent and reduce the
incidence of hate crimes committed by juveniles]. In carrying
out this program the Administrator is authorized to make use of
available State and local services, equipment, personnel,
facilities, and the like.
(b) Enrollees in the training program established under
this section shall be drawn from law enforcement and
correctional personnel (including volunteer lay personnel),
teachers and special education personnel, family counselors,
child welfare workers, juvenile judges and judicial personnel,
[persons associated with law-related education,] youth workers,
[and representatives] representatives of private agencies and
organizations with specific experience in the prevention and
treatment of juvenile delinquency, and such other individuals
as the Administrator considers to be appropriate.
curriculum for training program
Sec. 246. The Administrator shall design and supervise a
curriculum for the training program established by section 245
which shall utilize an interdisciplinary approach with respect
to the prevention of juvenile delinquency, the treatment of
juvenile delinquents, and the diversion of youths from the
juvenile justice system. Such curriculum shall be appropriate
to the needs of the enrollees of the training program [and
shall include training designed to prevent juveniles from
committing hate crimes].
* * * * * * *
[special studies and reports
[Sec. 248. (a) Pursuant to 1988 Amendments.--(1) Not later
than 1 year after the date of the enactment of the Juvenile
Justice and Delinquency Prevention Amendments of 1988, the
Administrator shall begin to conduct a study with respect to
the juvenile justice system--
[(A) to review--
[(i) conditions in detention and correctional
facilities for juveniles; and
[(ii) the extent to which such facilities
meet recognized national professional
standards; and
[(B) to make recommendations to improve conditions in
such facilities.
[(2)(A) Not later than 1 year after the date of the
enactment of the Juvenile Justice and Delinquency Prevention
Amendments of 1988, the Administrator shall begin to conduct a
study to determine--
[(i) how juveniles who are American Indians and
Alaskan Natives and who are accused of committing
offenses on and near Indian reservations and Alaskan
Native villages, respectively, are treated under the
systems of justice administered by Indian tribes and
Alaskan Native organizations, respectively, that
perform law enforcement functions;
[(ii) the amount of financial resources (including
financial assistance provided by governmental entities)
available to Indian tribes and Alaskan Native
organizations that perform law enforcement functions,
to support community-based alternatives to
incarcerating juveniles; and
[(iii) the extent to which such tribes and
organizations comply with the requirements specified in
paragraphs (12)(A), (13), and (14) of section 223(a),
applicable to the detention and confinement of
juveniles.
[(2)(A) For purposes of section 7(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450e(b)),
any contact, subcontract, grant, or subgrant made under
paragraph (1) shall be deemed to be a contract, subcontract,
grant, or subgrant made for the benefit of Indians.
[(ii) for purposes of section 7(b) of such Act and
subparagraph (A) of this paragraph, references to Indians and
Indian organizations shall be deemed to include Alaskan Natives
and Alaskan Native organizations, respectively.
[(3) Not later than 3 years after the date of the enactment
of the Juvenile Justice and Delinquency Prevention Amendments
of 1988, the Administrator shall submit a report to the
chairman of the Committee on Education and Labor of the House
of Representatives and the chairman of the Committee on the
Judiciary of the Senate containing a description, and a summary
of the results, of the study conducted under paragraph (1) or
(2), as the case may be.
[(b) Pursuant to 1992 Amendments.--(1) Not later than 1 year
after the date of enactment of this subsection, the Comptroller
General shall--
[(A) conduct a study with respect to juveniles waived
to adult court that reviews--
[(i) the frequency and extent to which
juveniles have been transferred, certified, or
waived to criminal court for prosecution during
the 5-year period ending December 1992;
[(ii) conditions of confinement in adult
detention and correctional facilities for
juveniles waived to adult court; and
[(iii) sentencing patterns, comparing
juveniles waived to adult court with juveniles
who have committed similar offenses but have
not been waived; and
[(B) submit to the Committee on Education and Labor
of the House of Representatives and the Committee on
the Judiciary of the Senate a report (including a
compilation of State waiver statutes) on the findings
made in the study and recommendations to improve
conditions for juveniles waived to adult court.
[(2) Not later than 1 year after the date of enactment of
this subsection, the Comptroller General shall--
[(A) conduct a study with respect to admissions of
juveniles for behavior disorders to private psychiatric
hospitals, and to other residential and nonresidential
programs that serve juveniles admitted for behavior
disorders, that reviews--
[(i) the frequency with which juveniles have
been admitted to such hospitals and programs
during the 5-year period ending December 1992;
and
[(ii) conditions of confinement, the average
length of stay, and methods of payment for the
residential care of such juveniles; and
[(B) submit to the Committee on Education and Labor
of the House of Representatives and the Committee on
the Judiciary of the Senate a report on the findings
made in the study and recommendations to improve
procedural protections and conditions for juveniles
with behavior disorders admitted to such hospitals and
programs.
[(3) Not later than 1 year after the date of enactment of
this subsection, the Comptroller General shall--
[(A) conduct a study of gender bias within State
juvenile justice systems that reviews--
[(i) the frequency with which females have
been detained for status offenses (such as
frequently running away, truancy, and sexual
activity), as compared with the frequency with
which males have been detained for such
offenses during the 5-year period ending
December 1992; and
[(ii) the appropriateness of the placement
and conditions of confinement for females; and
[(B) submit to the Committee on Education and Labor
of the House of Representatives and the Committee on
the Judiciary of the Senate a report on the findings
made in the study and recommendations to combat gender
bias in juvenile justice and provide appropriate
services for females who enter the juvenile justice
system.
[(4) Not later than 1 year after the date of enactment of
this subsection, the Comptroller General shall--
[(A) conduct a study of the Native American pass-
through grant program authorized under section
223(a)(5)(C) that reviews the cost-effectiveness of the
funding formula utilized; and
[(B) submit to the Committee on Education and Labor
of the House of Representatives and the Committee on
the Judiciary of the Senate a report on the findings
made in the study and recommendations to improve the
Native American pass-through grant program.
[(5) Not later than 1 year after the date of enactment of
this subsection, the Comptroller General shall--
[(A) conduct a study of access to counsel in juvenile
court proceedings that reviews--
[(i) the frequency with which and the extent
to which juveniles in juvenile court
proceedings either have waived counsel or
have obtained access to counsel during the 5-
year period ending December 1992; and
[(ii) a comparison of access to and the
quality of counsel afforded juveniles charged
in adult court proceedings with those of
juveniles charged in juvenile court
proceedings; and
[(B) submit to Committee on Education and Labor of
the House of Representatives and the Committee on the
Judiciary of the Senate a report on the findings made
in the study and recommendations to improve access to
counsel for juveniles in juvenile court proceedings.
[(6)(A) Not later than 180 days after the date of enactment
of this subsection, the Administrator shall begin to conduct a
study and continue any pending study of the incidence of
violence committed by or against juveniles in urban and rural
areas in the United States.
[(B) The urban areas shall include--
[(i) the District of Columbia;
[(ii) Los Angeles, California;
[(iii) Milwaukee, Wisconsin;
[(iv) Denver, Colorado;
[(v) Pittsburgh, Pennsylvania;
[(vi) Rochester, New York; and
[(vii) such other cities as the Administrator
determines to be appropriate.
[(C) At least one rural area shall be included.
[(D) With respect to each urban and rural area included in
the study, the objectives of the study shall be--
[(i) to identify characteristics and patterns of
behavior of juveniles who are at risk of becoming
violent or victims of homicide;
[(ii) to identify factors particularly indigenous to
such area that contribute to violence committed by or
against juveniles;
[(iii) to determine the accessibility of firearms,
and the use of firearms by or against juveniles;
[(iv) to determine the conditions that cause any
increase in violence committed by or against juveniles;
[(v) to identify existing and new diversion,
prevention, and control programs to ameliorate such
conditions;
[(vi) to improve current systems to prevent and
control violence by or against juveniles; and
[(vii) to develop a plan to assist State and local
governments to establish viable ways to reduce homicide
committed by or against juveniles.
[(E) Not later than 3 years after the date of enactment of
this subsection, the Administrator shall submit a report to the
Committee on Education and Labor of the House of
Representatives and the Committee on the Judiciary of the
Senate detailing the results of the study addressing each
objective specified in subparagraph (D).
[(7)(A) Not later than 1 year after the date of the enactment
of this subsection, the Administrator shall--
[(i) conduct a study described in subparagraph (B);
and
[(ii) submit to the chairman of the Committee on
Education and Labor of the House of Representatives and
the chairman of the Committee on the Judiciary of the
Senate the results of the study.
[(B) The study required by subparagraph (A) shall assess--
[(i) the characteristics of juveniles who commit hate
crimes, including a profile of such juveniles based
on--
[(I) the motives for committing hate crimes;
[(II) the age, sex, race, ethnicity,
education level, locality, and family income of
such juveniles; and
[(III) whether such juveniles are familiar
with publications or organized groups that
encourage the commission of hate crimes;
[(ii) the characteristics of hate crimes committed by
juveniles, including--
[(I) the types of hate crimes committed;
[(II) the frequency with which institutions
and natural persons, separately determined,
were the targets of such crimes;
[(III) the number of persons who participated
with juveniles in committing such crimes;
[(IV) the types of law enforcement
investigations conducted with respect to such
crimes;
[(V) the law enforcement proceedings
commenced against juveniles for committing hate
crimes; and
[(VI) the penalties imposed on such juveniles
as a result of such proceedings; and
[(iii) the characteristics of the victims of hate
crimes committed by juveniles, including--
[(I) the age, sex, race, ethnicity, locality
of the victims and their familiarity with the
offender; and
[(II) the motivation behind the attack.]
Subpart II--Special Emphasis Prevention and Treatment Programs
authority to make grants and contracts
Sec. 261. (a) Except as provided in subsection (f), the
Administrator [shall, by making grants to and entering into
contracts with] may, on a competitive basis, make grants to and
contracts with public and private nonprofit agencies,
organizations, institutions, and individuals provide for [each]
any of the following during each fiscal year:
(1) * * *
(2) Establishing or implementing effective means of
diverting juveniles from the traditional juvenile
justice and correctional system, including activities
to ensure juvenile accountability for nonviolent
criminal activities, restitution and reconciliation
projects which test and validate selected arbitration
models, such as neighborhood courts or panels, and
increase victim satisfaction while providing
alternatives to incarceration for detained or
adjudicated delinquents.
(3) Establishing or supporting advocacy programs and
services that encourage the improvement of due process
available to juveniles in the juvenile justice system
[and the quality of legal representation for such
juveniles].
[(4) Establishing or supporting programs stressing
advocacy activities aimed at improving services to
juveniles affected by the juvenile justice system,
including services that provide for the appointment of
special advocates by courts for such juveniles.]
[(5)] (4) Developing or supporting model programs to
strengthen and maintain the family unit in order to
prevent or treat juvenile delinquency.
[(6)] (5) Establishing or implementing special
emphasis prevention and treatment programs relating to
juveniles who commit serious crimes (including such
crimes committeed in schools), including programs
designed to deter involvement in illegal activities or
to promote involvement in lawful activities on the part
of gangs whose membership is substantially composed of
juveniles.
[(7) Developing or implementing further a
coordinated, national law-related education program
of--
[(A) delinquency prevention in elementary and
secondary schools, and other local sites;
[(B) training for persons responsible for the
implementation of law-related education
programs; and
[(C) disseminating information regarding
model, innovative, law-related education
programs to juvenile delinquency programs,
including those that are community based, and
to law enforcement and criminal justice
agencies for activities related to juveniles,
that targets juveniles who have had contact
with the juvenile justice system or who are
likely to have contact with the system.
[(8) Addressing efforts to reduce the proportion of
juveniles detained or confined in secure detention
facilities, secure correctional factilities, jails, and
lockups who are members of minority groups if such
proportion exceeds the proportion such groups represent
in the general population.]
[(9)] (6) Establishing or supporting programs
designed to prevent and to reduce the incidence of hate
crimes by juveniles[, including--
[(A) model educational programs that are
designed to reduce the incidence of hate crimes
by means such as--
[(i) addressing the specific
prejudicial attitude of each offender;
[(ii) developing an awareness in the
offender of the effect of the hate
crime on the victim; and
[(iii) educating the offender about
the importance of tolerance in our
society; and
[(B) sentencing programs that are designed
specifically for juveniles who commit hate
crimes and that provide alternatives to
incarceration].
[(b) Except as provided in subsection (f), the Adminstrator
is authorized, by making grants to and entering into contracts
with public and private nonprofit agencies, organizations,
institutions, and individuals, to develop and implement new
approaches, techniques, and methods designed to--]
[(1) improve] (7) Improving the capability of public
and private agencies and organizations to provide
services for delinquents and other juveniles to help
prevent juvenile delinquency[;].
[(2) develop and implement] (8) Developing and
implementing, in coordination with the Secretary of
Education, model programs and methods to keep students
in elementary and secondary schools, to assist in
identifying learning difficulties (including learning
disabilities), to prevent unwarranted and arbitrary
suspensions and expulsions, and to encourage new
approaches and techniques with respect to the
prevention of school violence and vandalism[;].
[(3) develop, implement, and support] (9) Developing,
implementing, and supporting, in conjuction with the
Secretary of Labor, other public and private agencies,
organizations, business, and industry, programs for the
employment of juveniles[;].
[(4) develop and support programs designed to
encourage and assist State legislatures to consider and
establish policies consistent with this title, both by
amending State laws, if necessary, and devoting greater
resources to effectuate such policies;]
[(5) develop and implement] (10) Developing and
implementing programs relating to juvenile delinquency
and learning disabilities, including on-the-job
training programs to assist law enforcement personnel
and juvenile justice personnel to more effectively
recognize and provide for learning-disabled and other
handicapped juveniles[; and
[(6) develop] (11) Developing statewide programs
through the use of subsidies or other financial
incentives designed [to--
[(A) remove juveniles from jails and lockups
for adults;
[(B)] to replicate juvenile programs
designated as exemplary by the National
Institute of Justice[; or
[(C) establish and adopt, based upon the
recommendations of the National Advisory
Committee for Juvenile Justice and Delinquency
Prevention made before the date of the
enactment of the Juvenile Justice, Runaway
Youth, and Missing Children's Act Amendments of
1984, standards for the improvement of juvenile
justice within each State involved]; and
[(7) develop and implement] (12) Developing and
implementing programs, relating to the special
education needs of delinquent and other juveniles,
which develop locally coordinated policies and programs
among education, juvenile justice, and social service
agencies.
[(c) Not less than 30 percent of the funds available for
grants and contracts under this section shall be available for
grants to and contracts with private nonprofit agencies,
organizations, and institutions which have experience in
dealing with juveniles.
[(d) Assistance provided under this section shall be
available on an equitable basis to deal with female, minority,
and disadvantaged juveniles, including juveniles who are
mentally, emotionally, or physically handicapped.]
[(e)] (b) Not less than 5 percent of the funds available
for grants and contracts under this section shall be available
for grants and contracts designed to address the special needs
and problems of juvenile delinquency in the Virgin Islands of
the United States, Guam, American Samoa, [the Trust Territory
of the Pacific Islands,] and the Commonwealth of the Northern
Mariana Islands.
[(f)] (c) The Administrator shall not make a grant or a
contract under subsection (a) or (b) to the Department of
Justice or to any administrative unit or other entity that is
part of the Department of Justice.
considerations for approval of applications
Sec. 262. (a) * * *
* * * * * * *
(c) In determining whether or not to approve applications
for grants and for contracts under this part, the Administrator
shall consider--
(1) the relative cost and effectiveness, and the
potential for success, of the proposed program in
carrying out this part;
* * * * * * *
[(4) the increase in capacity of the public and
private agency, institution, or individual involved to
provide services to address juvenile delinquency and
juvenile delinquency prevention;
[(5) the extent to which such program serves
communities which have high rates of juvenile
unemployment, school dropout, and delinquency; and]
(4) the extent to which such program serves
communities that have high rates of juvenile
delinquency, violent juvenile crime, dropping out of
school, high rates of unemployment among juveniles no
longer attending elementary or secondary school, and
juvenile participation in gangs; and
[(6)] (5) the adverse impact that may result from the
restriction of eligibility, based upon population, for
cities with a population greater than 40,000 located
within States which have no city with a population over
250,000.
(d)[(1)(A)] (1) Programs selected for assistance through
grants or contracts under this part (other than section 241(f))
shall be selected through a competitive process to be
established by rule by the Administrator. As part of such a
process, the Administrator shall announce in the Federal
Register--
[(i)] (A) the availability of funds for such
assistance;
[(ii)] (B) the general criteria applicable to the
selection of applicants to receive such assistance; and
[(iii)] (C) a description of the procedures
applicable to submitting and reviewing applications for
such assistance.
[(B) The competitive process described in subparagraph (A)
shall not be required if the Administrator makes a written
determination waiving the competitive process--
[(i) with respect to programs to be carried out in
areas with respect to which the President declares
under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) that
a major disaster or emergency exists; or
[(ii) with respect to a particular program described
in part C that is uniquely qualified.]
[(2)(A)] (2) Programs selected for assistance through
grants or contracts under this part (other than section 241(f))
shall be reviewed before selection, and thereafter as
appropriate, through a formal peer review process utilizing
experts (other than officers and employees of the Department of
Justice) in fields related to the subject matter of the
proposed program.
[(B) Such process shall be established by the Administrator
in consultation with the Directors and other appropriate
officials of the National Science Foundation and the National
Institute of Mental Health. Before implementation of such
process, the Administrator shall submit such process to such
Directors, each of whom shall prepare and furnish to the
chairman of the Committee on Education and Labor of the House
of Representatives and the chairman of the Committee on the
Judiciary of the Senate a final report containing their
comments on such process as proposed to be established.
[(3) The Administrator, in establishing the process
required under paragaphs (1) and (2), shall provide for
emergency expedited consideration of the proposed programs if
necessary to avoid any delay which would preclude carrying out
such programs.]
* * * * * * *
[(f) Notification of grants and contracts made under this
part (and the applications submitted for such grants and
contracts) shall, upon being made, be transmitted by the
Administrator, to the chairman of the Committee on Education
and Labor of the House of Representatives and the chairman of
the Committee on the Judiciary of the Senate.]
(f) Information on grants and contacts made available under
this part shall be made available by the Administrator on
request to the Chairman of the Committee on Economic and
Educational Opportunities of the House of Representatives and
to the Chairman of the Committee on the Judiciary of the
Senate.
[Part D--Gang-Free Schools and Communities; Community-Based Gang
Intervention
[Subpart I--Gang-Free Schools and Communities
[authority to make grants and contracts
[Sec. 281. (a) The Administrator shall make grants to or
enter into contracts with public agencies (including local
educational agencies) and private nonprofit agencies,
organizations, and institutions to establish and support
programs and activities that involve families and communities
and that are designed to carry out any of the following
purposes:
[(1) To prevent and to reduce the participation of
juveniles in the activities of gangs that commit
crimes. Such programs and activities may include--
[(A) individual, peer, family, and group
counseling, including the provision of life
skills training and preparation for living
independently, which shall include cooperation
with social services, welfare, and health care
programs;
[(B) education and social services designed
to address the social and developmental needs
of juveniles which such juveniles would
otherwise seek to have met through membership
in gangs;
[(C) crisis intervention and counseling to
juveniles, who are particularly at risk of gang
involvement, and their families, including
assistance from social service, welfare, health
care, mental health, and substance abuse
prevention and treatment agencies where
necessary;
[(D) the organization of neighborhood and
community groups to work closely with parents,
schools, law enforcement, and other public and
private agencies in the community; and
[(E) training and assistance to adults who
have significant relationships with juveniles
who are or may become members of gangs, to
assist such adults in providing constructive
alternatives to participating in the activities
of gangs.
[(2) To develop within the juvenile adjudicatory and
correctional systems new and innovative means to
address the problems of juveniles convicted of serious
drug-related and gang-related offenses.
[(3) To target elementary school students, with the
purpose of steering students away from gang
involvement.
[(4) To provide treatment to juveniles who are
members of such gangs, including members who are
accused of committing a serious crime and members who
have been adjudicated as being delinquent.
[(5) To promote the involvement of juveniles in
lawful activities in geographical areas in which gangs
commit crimes.
[(6) To promote and support, with the cooperation of
community-based organizations experienced in providing
services to juveniles engaged in gang-related
activities and the cooperation of local law enforcement
agencies, the development of policies and activities in
public elementary and secondary schools which will
assist such schools in maintaining a safe environment
conducive to learning.
[(7) To assist juveniles who are or may become
members of gangs to obtain appropriate educational
instruction, in or outside a regular school program,
including the provision of counseling and other
services to promote and support the continued
participation of such juveniles in such instructional
programs.
[(8) To expand the availability of prevention and
treatment services relating to the illegal use of
controlled substances and controlled substances
analogues (as defined in paragraphs (6) and (32) of
section 102 of the Controlled Substances Act (21 U.S.C.
802) by juveniles, provided through State and local
health and social services agencies.
[(9) To provide services to prevent juveniles from
coming into contact with the juvenile justice system
again as a result of gang-related activity.
[(10) To provide services authorized in this section
at a special location in a school or housing project.
[(11) To support activities to inform juveniles of
the availability of treatment and services for which
financial assistance is available under this subpart.
[(b) From not more than 15 percent of the amount appropriated
to carry out this part in each fiscal year, the Administrator
may make grants to and enter into contracts with public
agencies and private nonprofit agencies, organizations, and
institutions--
[(1) to conduct research on issues related to
juvenile gangs;
[(2) to evaluate the effectiveness of programs and
activities funded under subsection (a); and
[(3) to increase the knowledge of the public
(including public and private agencies that operate or
desire to operate gang prevention and intervention
programs) by disseminating information on research and
on effective programs and activities funded under this
subpart.
[approval of applications
[Sec. 281A. (a) Any agency, organization, or institution
desiring to receive a grant, or to enter into a contract, under
this subpart shall submit an application at such time, in such
manner, and containing such information as the Administrator
may prescribe.
[(b) In accordance with guidelines established by the
Administrator, each application submitted under subsection (a)
shall--
[(1) set forth a program or activity for carrying out
one or more of the purposes specified in section 281
and specifically identify each such purpose such
program or activity is designed to carry out;
[(2) provide that such program or activity shall be
administered by or under the supervision of the
applicant;
[(3) provide for the proper and efficient
administration of such program or activity;
[(4) provide for regular evaluation of such program
or activity;
[(5) provide an assurance that the proposed program
or activity will supplement, not supplant, similar
programs and activities already available in the
community;
[(6) describe how such program or activity is
coordinated with programs, activities, and services
available locally under parts B or C of this title, and
under chapter 1 of subtitle B of title III of the Anti-
Drug Abuse Act of 1988 (42 U.S.C. 11801-11805);
[(7) certify that the applicant has requested the
State planning agency to review and comment on such
application and summarizes the responses of such State
planning agency to such request;
[(8) provide that regular reports on such program or
activity shall be sent to the Administrator and to such
State planning agency; and
[(9) provide for such fiscal control and fund
accounting procedures as may be necessary to ensure
prudent use, proper disbursement, and accurate
accounting of funds received under this subpart.
[(c) In reviewing applications for grants and contracts under
section 281(a), the Administrator shall give priority to
applications--
[(1) submitted by, or substantially involving, local
educational agencies (as defined in section 1471 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 2891));
[(2) based on the incidence and severity of crimes
committed by gangs whose membership is composed
primarily of juveniles in the geographical area in
which the applicants propose to carry out the programs
and activities for which such grants and contracts are
requested; and
[(3) for assistance for programs and activities
that--
[(A) are broadly supported by public and
private nonprofit agencies, organizations, and
institutions located in such geographical area;
and
[(B) will substantially involve the families
of juvenile gang members in carrying out such
programs or activities.
[Subpart II--Community-Based Gang Intervention
[Sec. 282. (a) The Administrator shall make grants to or
enter into contracts with public and private nonprofit
agencies, organizations, and institutions to carry out programs
and activities--
[(1) to reduce the participation of juveniles in the
illegal activities of gangs;
[(2) to develop regional task forces involving State,
local, and community-based organizations to coordinate
enforcement, intervention, and treatment efforts for
juvenile gang members and to curtail interstate
activities of gangs; and
[(3) to facilitate coordination and cooperation
among--
[(A) local education, juvenile justice,
employment, and social service agencies; and
[(B) community-based programs with a proven
record of effectively providing intervention
services to juvenile gang members for the
purpose of reducing the participation of
juveniles in illegal gang activities; and
[(4) to support programs that, in recognition of
varying degrees of the seriousness of delinquent
behavior and the corresponding gradations in the
responses of the juvenile justice system in response to
that behavior, are designed to--
[(A) encourage courts to develop and
implement a continuum of post-adjudication
restraints that bridge the gap between
traditional probation and confinement in a
correctional setting (including expanded use of
probation, mediation, restitution, community
service, treatment, home detention, intensive
supervision, electronic monitoring, boot camps
and similar programs, and secure community-
based treatment facilities linked to other
support services such as health, mental health,
education (remedial and special), job training,
and recreation); and
[(B) assist in the provision by the provision
by the Administrator of information and
technical assistance, including technology
transfer, to States in the design and
utilization of risk assessment mechanisms to
aid juvenile justice personnel in determining
appropriate sanctions for delinquent behavior.
[(b) Programs and activities for which grants and contracts
are to be made under subsection (a) may include--
[(1) developing within the juvenile adjudicatory and
correctional systems new and innovative means to
address the problems of juveniles convicted of serious
drug-related and gang-related offenses;
[(2) providing treatment to juveniles who are members
of such gangs, including members who are accused of
committing a serious crime and members who have been
adjudicated as being delinquent;
[(3) promoting the involvement of juveniles in lawful
activities in geographical areas in which gangs commit
crimes;
[(4) expanding the availability of prevention and
treatment services relating to the illegal use of
controlled substances and controlled substances
analogues (as defined in paragraphs (6) and (32) of
section 102 of the Controlled Substances Act (21 U.S.C.
802) by juveniles, provided through State and local
health and social services agencies;
[(5) providing services to prevent juveniles from
coming into contact with the juvenile justice system
again as a result of gang-related activity; or
[(6) supporting activities to inform juveniles of the
availability of treatment and services for which
financial assistance is available under this subpart.
[approval of applications
[Sec. 282A. (a) Any agency, organization, or institution
desiring to receive a grant, or to enter into a contract, under
this subpart shall submit an application at such time, in such
manner, and containing such information as the Administrator
may prescribe.
[(b) In accordance with guidelines established by the
Administrator, each application submitted under subsection (a)
shall--
[(1) set forth a program or activity for carrying out
one or more of the purposes specified in section 282
and specifically identify each such purpose such
program or activity is designed to carry out;
[(2) provide that such program or activity shall be
administered by or under the supervision of the
applicant;
[(3) provide for the proper and efficient
administration of such program or activity;
[(4) provide for regular evaluation of such program
or activity;
[(5) provide an assurance that the proposed program
or activity will supplement, not supplant, similar
programs and activities already available in the
community;
[(6) describe how such program or activity is
coordinated with programs, activities, and services
available locally under parts B or C of this title, and
under chapter 1 of subtitle B of title III of the Anti-
Drug Abuse Act of 1988 (42 U.S.C. 11801-11805);
[(7) certify that the applicant has requested the
State planning agency to review and comment on such
application and summarizes the responses of such State
planning agency to such request;
[(8) provide that regular reports on such program or
activity shall be sent to the Administrator and to such
State planning agency; and
[(9) provide for such fiscal control and fund
accounting procedures as may be necessary to ensure
prudent use, proper disbursement, and accurate
accounting of funds received under this subpart.
[(c) In reviewing applications for grants and contracts under
section 285(a), the Administrator shall give priority to
applications--
[(1) submitted by, or substantially involving,
community-based organizations experienced in providing
services to juveniles;
[(2) based on the incidence and severity of crimes
committed by gangs whose membership is composed
primarily of juveniles in the geographical area in
which the applicants propose to carry out the programs
and activities for which such grants and contracts are
requested; and
[(3) for assistance for programs and activities
that--
[(A) are broadly supported by public and
private nonprofit agencies, organizations, and
institutions located in such geographical area;
and
[(B) will substantially involve the families
of juvenile gang members in carrying out such
programs or activities.
[Subpart III--General Provisions
[definition
[Sec. 283. For purposes of this part, the term ``juvenile''
means an individual who is less than 22 years of age.
[Part E--State Challenge Activities
[ESTABLISHMENT OF PROGRAM
[Sec. 285. (a) In General.--The Administrator may make a
grant to a State that receives an allocation under section 222,
in the amount of 10 percent of the amount of the allocation,
for each challenge activity in which the State participates for
the purpose of funding the activity.
[(b) Definitions.--For purposes of this part--
[(1) the term ``case review system'' means a
procedure for ensuring that--
[(A) each youth has a case plan, based on the
use of objective criteria for determining a
youth's danger to the community or himself or
herself, that is designed to achieve
appropriate placement in the least restrictive
and most family-like setting available in close
proximity to the parents' home, consistent with
the best interests and special needs of the
youth;
[(B) the status of each youth is reviewed
periodically but not less frequently than once
every 3 months, by a court or by administrative
review, in order to determine the continuing
necessity for and appropriateness of the
placement;
[(C) with respect to each youth, procedural
safeguards will be applied to ensure that a
dispositional hearing is held to consider the
future status of each youth under State
supervision, in a juvenile or family court or
another court (including a tribal court) of
competent jurisdiction, or by an administrative
body appointed or approved by the court, not
later than 12 months after the original
placement of the youth and periodically
thereafter during the continuation of out-of-
home placement; and
[(D) a youth's health, mental health, and
education record is reviewed and updated
periodically; and
[(2) the term ``challenge activity'' means a program
maintained for 1 of the following purposes:
[(A) Developing and adopting policies and
programs to provide basic health, mental
health, and appropriate education services,
including special education, for youth in the
juvenile justice system as specified in
standards developed by the National Advisory
Committee for Juvenile Justice and Delinquency
Prevention prior to October 12, 1984.
[(B) Developing and adopting policies and
programs to provide access to counsel for all
juveniles in the justice system to ensure that
juveniles consult with counsel before waiving
the right to counsel.
[(C) Increasing community-based alternatives
to incarceration by establishing programs (such
as expanded use of probation, mediation,
restitution, community service, treatment, home
detention, intensive supervision, and
electronic monitoring) and developing and
adopting a set of objective criteria for the
appropriate placement of juveniles in detention
and secure confinement.
[(D) Developing and adopting policies and
programs to provide secure settings for the
placement of violent juvenile offenders by
closing down traditional training schools and
replacing them with secure settings with
capacities of no more than 50 violent juvenile
offenders with ratios of staff to youth great
enough to ensure adequate supervision and
treatment.
[(E) Developing and adopting policies to
prohibit gender bias in placement and treatment
and establishing programs to ensure that female
youth have access to the full range of health
and mental health services, treatment for
physical or sexual assault and abuse, self
defense instruction, education in parenting,
education in general, and other training and
vocational services.
[(F) Establishing and operating, either
directly or by contract or arrangement with a
public agency or other appropriate private
nonprofit organization (other than an agency or
organization that is responsible for licensing
or certifying out-of-home care services for
youth), a State ombudsman office for children,
youth, and families to investigate and resolve
complaints relating to action, inaction, or
decisions of providers of out-of-home care to
children and youth (including secure detention
and correctional facilities, residential care
facilities, public agencies, and social service
agencies) that may adversely affect the health,
safety, welfare, or rights of resident children
and youth.
[(G) Developing and adopting policies and
programs designed to remove, where appropriate,
status offenders from the jurisdiction of the
juvenile court to prevent the placement in
secure detention facilities or secure
correctional facilities of juveniles who are
nonoffenders or who are charged with or who
have committed offenses that would not be
criminal if committed by an adult.
[(H) Developing and adopting policies and
programs designed to serve as alternatives to
suspension and expulsion from school.
[(I) Increasing aftercare services for
juveniles involved in the justice system by
establishing programs and developing and
adopting policies to provide comprehensive
health, mental health, education, and
vocational services and services that preserve
and strengthen the families of such juveniles.
[(J) Developing and adopting policies to
establish--
[(i) a State administrative structure
to coordinate program and fiscal
policies for children who have
emotional and behavioral problems and
their families among the major child
serving systems, including schools,
social services, health services,
mental health services, and the
juvenile justice system; and
[(ii) a statewide case review system.
[Part F--Treatment for Juvenile Offenders Who Are Victims of Child
Abuse or Neglect
[DEFINITION
[Sec. 287. For the purposes of this part, the term
``juvenile'' means a person who is less than 18 years of age.
[AUTHORITY TO MAKE GRANTS
[Sec. 287A. The Administrator, in consultation with the
Secretary of Health and Human Services, shall make grants to
public and nonprofit private organizations to develop,
establish, and support projects that--
[(1) provide treatment to juvenile offenders who are
victims of child abuse or neglect and to their families
so as to reduce the likelihood that the juvenile
offenders will commit subsequent violations of law;
[(2) based on the best interests of juvenile
offenders who receive treatment for child abuse or
neglect, provide transitional services (including
individual, group, and family counseling) to juvenile
offenders--
[(A) to strengthen the relationships of
juvenile offenders with their families and
encourage the resolution of intrafamily
problems related to the abuse or neglect;
[(B) to facilitate their alternative
placement; and
[(C) to prepare juveniles aged 16 years and
older to live independently; and
[(3) carry out research (including surveys of
existing transitional services, identification of
exemplary treatment modalities, and evaluation of
treatment and transitional services) provided with
grants made under this section.
[ADMINISTRATIVE REQUIREMENTS
[Sec. 287B. The Administrator shall administer this part
subject to the requirements of sections 262, 299B, and 299E.
[PRIORITY
[Sec. 287C. In making grants under section 287A, the
Administrator--
[(1) shall give priority to applicants that have
experience in treating juveniles who are victims of
child abuse or neglect; and
[(2) may not disapprove an application solely because
the applicant proposes to provide treatment or
transitional services to juveniles who are adjudicated
to be delinquent for having committed offenses that are
not serious crimes.
[Part G--Mentoring
[PURPOSES
[Sec. 288. The purposes of this part are--
[(1) to reduce juvenile delinquency and gang
participation;
[(2) to improve academic performance; and
[(3) to reduce the dropout rate,
through the use of mentors for at-risk youth.
[DEFINITIONS
[Sec. 288A. For purposes of this part--
[(1) the term ``at-risk youth'' means a youth at risk
of educational failure or dropping out of school or
involvement in delinquent activities; and
[(2) the term ``mentor'' means a person who works
with an at-risk youth on a one-to-one basis,
establishing a supportive relationship with the youth
and providing the youth with academic assistance and
exposure to new experiences that enhance the youth's
ability to become a responsible citizen.
[GRANTS
[Sec. 288B. The Administrator shall, by making grants to and
entering into contracts with local educational agencies (each
of which agency shall be in partnership with a public or
private agency, institution, or business), establish and
support programs and activities for the purpose of implementing
mentoring programs that--
[(1) are designed to link at-risk children,
particularly children living in high crime areas and
children experiencing educational failure, with
responsible adults such as law enforcement officers,
persons working with local businesses, and adults
working for community-based organizations and agencies;
and
[(2) are intended to achieve 1 or more of the
following goals:
[(A) Provide general guidance to at-risk
youth.
[(B) Promote personal and social
responsibility among at-risk youth.
[(C) Increase at-risk youth's participation
in and enhance their ability to benefit from
elementary and secondary education.
[(D) Discourage at-risk youth's use of
illegal drugs, violence, and dangerous weapons,
and other criminal activity.
[(E) Discourage involvement of at-risk youth
in gangs.
[(F) Encourage at-risk youth's participation
in community service and community activities.
[REGULATIONS AND GUIDELINES
[Sec. 288C. (a) Program Guidelines.--The Administrator shall
issue program guidelines to implement this part. The program
guidelines shall be effective only after a period for public
notice and comment.
[(b) Model Screening Guidelines.--The Administrator shall
develop and distribute to program participants specific model
guidelines for the screening of prospective program mentors.
[USE OF GRANTS
[Sec. 288D. (a) Permitted Uses.--Grants awarded pursuant to
this part shall be used to implement mentoring programs,
including--
[(1) hiring of mentoring coordinators and support
staff;
[(2) recruitment, screening, and training of adult
mentors;
[(3) reimbursement of mentors for reasonable
incidental expenditures such as transportation that are
directly associated with mentoring; and
[(4) such other purposes as the Administrator may
reasonably prescribe by regulation.
[(b) Prohibited Uses.--Grants awarded pursuant to this part
shall not be used--
[(1) to directly compensate mentors, except as
provided pursuant to subsection (a)(3);
[(2) to obtain educational or other materials or
equipment that would otherwise be used in the ordinary
course of the grantee's operations;
[(3) to support litigation of any kind; or
[(4) for any other purpose reasonably prohibited by
the Administrator by regulation.
[PRIORITY
[Sec. 288E. (a) In General.--In making grants under this
part, the Administrator shall give priority for awarding grants
to applicants that--
[(1) serve at-risk youth in high crime areas;
[(2) have 60 percent or more of their youth eligible
to receive funds under the Elementary and Secondary
Education Act of 1965; and
[(3) have a considerable number of youth who drop out
of school each year.
[(b) Other Considerations.--In making grants under this part,
the Administrator shall give consideration to--
[(1) the geographic distribution (urban and rural) of
applications;
[(2) the quality of a mentoring plan, including--
[(A) the resources, if any, that will be
dedicated to providing participating youth with
opportunities for job training or postsecondary
education; and
[(B) the degree to which parents, teachers,
community-based organizations, and the local
community participate in the design and
implementation of the mentoring plan; and
[(3) the capability of the applicant to effectively
implement the mentoring plan.
[APPLICATIONS
[Sec. 288F. An application for assistance under this part
shall include--
[(1) information on the youth expected to be served
by the program;
[(2) a provision for a mechanism for matching youth
with mentors based on the needs of the youth;
[(3) an assurance that no mentor will be assigned to
more than one youth, so as to ensure a one-to-one
relationship;
[(4) an assurance that projects operated in secondary
schools will provide youth with a variety of
experiences and support, including--
[(A) an opportunity to spend time in a work
environment and, when possible, participate in
the work environment;
[(B) an opportunity to witness the job skills
that will be required for youth to obtain
employment upon graduation;
[(C) assistance with homework assignments;
and
[(D) exposure to experiences that youth might
not otherwise encounter;
[(5) an assurance that projects operated in
elementary schools will provide youth with--
[(A) academic assistance;
[(B) exposure to new experiences and
activities that youth might not encounter on
their own; and
[(C) emotional support;
[(6) an assurance that projects will be monitored to
ensure that each youth benefits from a mentor
relationship, with provision for a new mentor
assignment if the relationship is not beneficial to the
youth;
[(7) the method by which mentors and youth will be
recruited to the project;
[(8) the method by which prospective mentors will be
screened; and
[(9) the training that will be provided to mentors.
[GRANT CYCLES
[Sec. 288G. Grants under this part shall be made for 3-year
periods.
[REPORTS
[Sec. 288H. Not later than 120 days after the completion of
the first cycle of grants under this part, the Administrator
shall submit to Congress a report regarding the success and
effectiveness of the grant program in reducing juvenile
delinquency and gang participation, improving academic
performance, and reducing the dropout rate.
[Part H--Boot Camps
[ESTABLISHMENT OF PROGRAM
[Sec. 289. (a) In General.--The Administrator may make grants
to the appropriate agencies of one or more States for the
purpose of establishing up to 10 military-style boot camps for
juvenile delinquents (referred to as ``boot camps'').
[(b) Location.--(1) The boot camps shall be located on
existing or closed military installations on sites to be chosen
by the agencies in one or more States, or in other facilities
designated by the agencies on such sites, after consultation
with the Secretary of Defense, if appropriate, and the
Administrator.
[(2) The Administrator shall--
[(A) try to achieve to the extent possible equitable
geographic distribution in approving boot camp sites;
and
[(B) give priority to grants where more than one
State enters into formal cooperative arrangements to
jointly administer a boot camp; and
[(c) Regimen.--The boot camps shall provide--
[(1) a highly regimented schedule of discipline,
physical training, work, drill, and ceremony
characteristic of military basic training;
[(2) regular, remedial, special, and vocational
education; and
[(3) counseling and treatment for substance abuse and
other health and mental health problems.
[CAPACITY
[Sec. 289A. Each boot camp shall be designed to accommodate
between 150 and 250 juveniles for such time as the grant
recipient agency deems to be appropriate.
[ELIGIBILITY AND PLACEMENT
[Sec. 289B. (a) Eligibility.--A person shall be eligible for
assignment to a boot camp if he or she--
[(1) is considered to be a juvenile under the laws of
the State of jurisdiction; and
[(2) has been adjudicated to be delinquent in the
State of jurisdiction or, upon approval of the court,
voluntarily agrees to the boot camp assignment without
a delinquency adjudication.
[(b) Placement.--Prior to being placed in a boot camp, an
assessment of a juvenile shall be performed to determine that--
[(1) the boot camp is the least restrictive
environment that is appropriate for the juvenile
considering the seriousness of the juvenile's
delinquent behavior and the juvenile's treatment need;
and
[(2) the juvenile is physically and emotionally
capable of participating in the boot camp regimen.
[POST-RELEASE SUPERVISION
[Sec. 289C. A State that seeks to establish a boot camp, or
participate in the joint administration of a boot camp, shall
submit to the Administrator a plan describing--
[(1) the provisions that the State will make for the
continued supervision of juveniles following release;
and
[(2) provisions for educational and vocational
training, drug or other counseling and treatment, and
other support services.
[Part I--White House Conference on Juvenile Justice
[Sec. 291. (a) In General.--The President may call and
conduct a National White House Conference on Juvenile Justice
(referred to as the ``Conference'') in accordance with this
part.
[(b) Purposes of Conference.--The purposes of the Conference
shall be--
[(1) to increase public awareness of the problems of
juvenile offenders and the juvenile justice system;
[(2) to examine the status of minors currently in the
juvenile and adult justice systems;
[(3) to examine the increasing number of violent
crimes committed by juveniles;
[(4) to examine the growing phenomena of youth gangs,
including the number of young women who are involved;
[(5) to assemble persons involved in policies and
programs related to juvenile delinquency prevention and
juvenile justice enforcement;
[(6) to examine the need for improving services for
girls in the juvenile justice system;
[(7) to create a forum in which persons and
organizations from diverse regions may share
information regarding successes and failures of policy
in their juvenile justice and juvenile delinquency
prevention programs; and
[(8) to develop such specific and comprehensive
recommendations for executive and legislative action as
may be appropriate to address the problems of juvenile
delinquency and juvenile justice.
[(c) Schedule of Conferences.--The Conference under this part
shall be concluded not later than 18 months after the date of
enactment of this part.
[(d) Prior State and Regional Conferences.--
[(1) In general.--Participants in the Conference and
other interested persons and organizations may conduct
conferences and other activities at the State and
regional levels prior to the date of the Conference,
subject to the approval of the executive director of
the Conference.
[(2) Purpose of state and regional conferences.--
State and regional conferences and activities shall be
directed toward the consideration of the purposes of
this part. State conferences shall elect delegates to
the National Conferences.
[(3) Admittance.--No person involved in administering
State juvenile justice programs or in providing
services to or advocacy of juvenile offenders may be
denied admission to a State or regional conference.
[CONFERENCE PARTICIPANTS
[Sec. 291A. (a) In General.--The Conference shall bring
together persons concerned with issues and programs, both
public and private, relating to juvenile justice, and juvenile
delinquency prevention.
[(b) Selection.--
[(1) State conferences.--Delegates, including
alternates, to the National Conference shall be elected
by participants at the State conferences.
[(2) Delegates.--(A) In addition to delegates elected
pursuant to paragraph (1)--
[(i) each Governor may appoint 1 delegate and
1 alternate;
[(ii) the majority leader of the Senate, in
consultation with the minority leader, may
appoint 10 delegates and 3 alternates;
[(iii) the Speaker of the House of
Representatives, in consultation with the
minority leader, may appoint 10 delegates and 3
alternates;
[(iv) the President may appoint 20 delegates
and 5 alternates;
[(v) the chief law enforcement official and
the chief juvenile corrections official of each
State may appoint 1 delegate and 1 alternate
each; and
[(vi) the Chairperson of the Juvenile Justice
and Delinquency Prevention Advisory Committee
of each State, or his or her designate, may
appoint 1 delegate.
[(B) Only persons involved in administering State
juvenile justice programs or in providing services to
or advocacy of juvenile offenders shall be eligible for
appointment as a delegate.
[(c) Participant Expenses.--Each participant in the
Conference shall be responsible for his or her expenses related
to attending the Conference and shall not be reimbursed from
funds appropriated pursuant to this Act.
[(d) No Fees.--No fee may be imposed on a person who attends
a Conference except a registration fee of not to exceed $10.
[STAFF AND EXECUTIVE BRANCH
[Sec. 291B. (a) In General.--The President may appoint and
compensate an executive director of the National White House
Conference on Juvenile Justice and such other directors and
personnel for the Conference as the President may deem to be
advisable, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates. The staff of the
Conference may not exceed 20, including the executive director.
[(b) Detailees.--Upon request by the executive director, the
heads of the executive and military departments may detail
employees to work with the executive director in planning and
administering the Conference without regard to section 3341 of
title 5, United States Code.
[PLANNING AND ADMINISTRATION OF CONFERENCE
[Sec. 291C. (a) Federal Agency Support.--All Federal
departments, agencies, and instrumentalities shall provide such
support and assistance as may be necessary to facilitate the
planning and administration of the Conference.
[(b) Duties of the Executive Director.--In carrying out this
part, the executive director of the White House Conference on
Juvenile Justice--
[(1) shall provide such assistance as may be
necessary for the organization and conduct of
conferences at the State and regional levels authorized
by section 291(d);
[(2) may enter into contracts and agreements with
public and private agencies and organizations and
academic institutions to assist in carrying out this
part; and
[(3) shall prepare and provide background materials
for use by participants in the Conference and by
participants in State and regional conferences.
[REPORTS
[Sec. 291D. (a) In General.--Not later than 6 months after
the date on which a National Conference is convened, a final
report of the Conference shall be submitted to the President
and the Congress.
[(b) Contents.--A report described in subsection (a)--
[(1) shall include the findings and recommendations
of the Conference and proposals for any legislative
action necessary to implement the recommendations of
the Conference; and
[(2) shall be made available to the public.
[OVERSIGHT
[Sec. 291E. The Administrator shall report to the Congress
annually during the 3-year period following the submission of
the final report of a Conference on the status and
implementation of the findings and recommendations of the
Conference.]
PART D--GANG-FREE SCHOOLS AND COMMUNITIES
SEC. 271. AUTHORIZATION OF GRANTS.
The Administrator may make grants to, or contracts with,
public and nonprofit private agencies and organizations to
establish and carry out programs designed to prevent and reduce
the participation of juveniles in gangs that commit crimes
(particularly violent crimes), that unlawfully use firearms and
other weapons, or that unlawfully traffic in drugs. Such
programs may be school- or community-based and shall involve,
to the extent practicable, families and other community
members, such as law enforcement personnel and members of the
business community, in the activities conducted under such
programs. Such programs may include--
(1) educational activities that strengthen a
juvenile's ties to the school and the community;
(2) mentoring projects;
(3) job training and other activities that provide
juveniles with the skills necessary to become
productive members of society;
(4) projects that coordinate services to be provided
to juveniles and their families, including educational
services, substance abuse treatment services, health
and mental health services, and other social services;
(5) projects to prevent gang-related activities from
endangering the safety of students and disrupting the
learning environment in elementary and secondary
schools;
(6) projects that involve local law enforcement
personnel in gang prevention and intervention
activities, particularly activities that focus on
preventing the unlawful use of firearms;
(7) effective substance abuse treatment for juveniles
in such gangs, and other interventions to reduce rates
of drug abuse recidivism and gang participation; and
(8) such other projects and activities related to the
prevention of juvenile participation in gangs that
commit crimes (particularly violent crimes), that
unlawfully use firearms and other weapons, or that
unlawfully traffic in drugs.
SEC. 272. APPLICATIONS.
(a) Submission of Applications.--Applications for grants and
contracts under section 271 shall be submitted to the
Administrator and shall--
(1) describe the program to be carried out with a
grant or contract made under such subsection; and
(2) contain such other information and assurances as
the Administrator may require.
(b) Selection of Applications for Approval.--From among
applications submitted in accordance with subsection (a), the
Administrator shall--
(1) approve applications for grants and contracts to
carry out programs in both urban and rural areas, in
locations where juvenile gang-related, drug-related,
and firearm-related crime is frequent and serious; and
(2) give priority to applications for grants and
contracts to carry out programs that have the greatest
potential for success, private sector support, and
broad-based community support.
Part [I] E--General and Administrative Provisions
Sec. 299. [(a)(1) To carry out the purposes of this title
(other than parts D, E, F, G, H, and I) there are authorized to
be appropriated $150,000,000 for fiscal years 1993, 1994, 1995,
and 1996. Funds appropriated for any fiscal year shall remain
available for obligation until expended.
[(2)(A) Subject to subparagraph (B), to carry out part D,
there are authorized to be appropriated--
[(i) to carry out subpart 1, $25,000,000 for
fiscal year 1993 and such sums as are necessary
for fiscal years 1994, 1995, and 1996; and
[(ii) to carry out subpart 2, $25,000,000 for
fiscal year 1993 and such sums as are necessary
for fiscal years 1994, 1995, and 1996.
[(B) No funds may be appropriated to carry out part D, E, F,
G, or I of this title or title V or VI for a fiscal year unless
the aggregate amount appropriated to carry out this title
(other than part D, E, F, G, or I of this title or title V or
VI) for the fiscal year is not less than the aggregate amount
appropriated to carry out this title (other than part D, E, F,
G, or I of this title or title V or VI) for the preceding
fiscal year.
[(3) To carry out part E, there are authorized to be
appropriated $50,000,000 for fiscal year 1993 and such sums as
are necessary for each of the fiscal years 1994, 1995, and
1996.
[(4)(A) Subject to subparagraph (B), there are authorized to
be appropriated to carry out part F--
[(i) $15,000,000 for fiscal year 1993; and
[(ii) such sums as are necessary for fiscal years
1994, 1995, and 1996.
[(B) No amount is authorized to be appropriated for a fiscal
year to carry out part F unless the aggregate amount
appropriated to carry out this title for that fiscal year is
not less than the aggregate amount appropriated to carry out
this title for the preceding fiscal year.
[(C) From the amount appropriated to carry out part F in a
fiscal year, the Administrator shall use--
[(i) not less than 85 percent to make grants for
treatment and transitional services;
[(ii) not to exceed 10 percent for grants for
research; and
[(iii) not to exceed 5 percent for salaries and
expenses of the Office of Juvenile Justice and
Delinquency Prevention related to administering part F.
[(5)(A) Subject to subparagraph (B), there are authorized to
be appropriated to carry out part G such sums as are necessary
for fiscal years 1993, 1994, 1995, and 1996.
[(6)(A) There are authorized to be appropriated to carry out
part H such sums as are necessary for fiscal year 1993, to
remain available until expended, of which--
[(i) not more than $12,500,000 shall be used to
convert any 1 closed military base or to modify any 1
existing military base or other designated facility to
a boot camp; and
[(ii) not more than $2,500,000 shall be used to
operate any 1 boot camp during a fiscal year.
[(B) No amount is authorized to be appropriated for a fiscal
year to carry out part H unless the aggregate amount
appropriated to carry out parts A, B, and C of this title for
that fiscal year is not less than 120 percent of the aggregate
amount appropriated to carry out those parts for fiscal year
1992.
[(7)(A) There are authorized to be appropriated such sums as
are necessary for each National Conference and associated State
and regional conferences under part I, to remain available
until expended.
[(B) New spending authority or authority to enter into
contracts under part I shall be effective only to such extent
and in such amounts as are provided in advance in appropriation
Acts.
[(C) No funds appropriated to carry out this Act shall be
made available to carry out part I other than funds
appropriated specifically for the purpose of conducting the
Conference.
[(D) Any funds remaining unexpended at the termination of the
Conference under part I, including submission of the report
pursuant to section 291D, shall be returned to the Treasury of
the United States and credited as miscellaneous receipts.
[(b) Of such sums as are appropriated to carry out the
purposes of this title (other than part D)--
[(1) not to exceed 5 percent shall be available to
carry out part A;
[(2) not less than 70 percent shall be available to
carry out part B; and
[(3) 25 percent shall be available to carry out part
C.
[(c) Notwithstanding any other provision of law, the
Administrator shall--
[(1) establish appropriate administrative and
supervisory board membership requirements for a State
agency responsible for supervising the preparation and
administration of the State plan submitted under
section 223 and permit the State advisory group
appointed under section 223(a)(3) to operate as the
supervisory board for such agency, at the discretion of
the Governor; and
[(2) approve any appropriate State agency designated
by the Governor of the State involved in accordance
with paragraph (1).]
(a) There are authorized to be appropriated to carry out this
title (other than part D) $225,000,000 for fiscal year 1997 and
such sums as may be appropriate for fiscal years 1998, 1999,
and 2000.
(b) There are authorized to be appropriated to carry out part
D $10,000,000 for fiscal year 1997 and such sums as may be
appropriate for fiscal years 1998, 1999, and 2000.
(c) Of such sums as are appropriated for a fiscal year to
carry out this title (other than part D)--
(1) not to exceed 5 percent or $5,000,000, whichever
is less, shall be available to carry out part A;
(2) not less than 70 percent shall be available to
carry out part B; and
(3) 25 percent or $25,000,000, whichever is less,
shall be available to carry out part C.
* * * * * * *
[(e) Of such sums as are appropriated to carry out section
261(a)(6), not less than 20 percent shall be reserved by the
Administrator for each of fiscal years 1993, 1994, 1995, and
1996, for not less than 2 programs that have not received funds
under subpart II of part C prior to October 1, 1992, which
shall be selected through the application and approval process
set forth in section 262.]
administrative authority
Sec. 299A. (a) * * *
(b) Sections 809(c), 811(a), 811(b), 811(c), 812(a), 812(b),
and 812(d) of the Omnibus Crime Control and Safe Streets Act of
1968, as so designated by the operation of the amendments made
by the Justice Assistance Act of 1984, shall apply with respect
to the administration of and compliance with this Act, except
that for purposes of this Act--
(1) * * *
* * * * * * *
(c) Sections 801(a), 801(c), and 806 of the Omnibus Crime
Control and Safe Streets Act of 1968, as so designated by the
operation of the amendments made by the Justice Assistance Act
of 1984, shall apply with respect to the administration of and
compliance with this Act, except that for purposes of this
Act--
(1) any reference to the Attorney General, the
Assistant Attorney General who heads the Office of
Justice Programs, the Director of the National
Institute of Justice, the Director of the Bureau of
Justice Statistics, or the Director of the Bureau of
Justice Assistance shall be deemed to be a reference to
the Administrator;
(2) any reference to the Office of Justice Programs,
the Bureau of Justice Assistance, the National
Institute of Justice, or the Bureau of Justice
Statistics shall be deemed to be a reference to the
[Office of Juvenile Justice and Delinquency Prevention]
Office of Juvenile Crime Control and Delinquency
Prevention; and
(3) the term ``this title'' as it appears in such
sections shall be deemed to be a reference to this Act.
(d) The Administrator is authorized, after appropriate
consultation with representatives of States and units of local
government, to establish such rules, regulations, and
procedures as are necessary for the exercise of the functions
of the Office and [as are consistent with the purpose of this
Act] only to the extent necessary to ensure that there is
compliance with the specific requirements of this title, but
the Administrator may not establish rules, regulations, or
procedures applicable to compliance with paragraphs (11)(A),
(13), (14), or (21) of section 223(a).
(e) If a State requires by law compliance with the
requirements described in paragraphs (11)(A), (12), and (13) of
section 223(a), then for the period such law is in effect in
such State--
(1) such State shall be deemed to satisfy such
requirements; and
(2) the Administrator may not evaluate or require
compliance with such paragraphs.
* * * * * * *
use of funds
Sec. 299C. (a) Funds paid pursuant to this title to any
public or private agency, organization, or institution, or to
any individual (either directly or through a State planning
agency) [may be used for]--
(1) may be used for planning, developing, or
operating the program designed to carry out this title;
and
[(2) not more than 50 per centum of the cost of the
construction of any innovative community-based facility
for fewer than 20 persons which, in the judgment of the
Administrator, is necessary to carry out this title.]
(2) may not be used for the cost of construction of
any facility, except not more than 10 percent of the
funds received under this title by a State for a fiscal
year may be used for the purpose of renovating
community-based juvenile facilities.
[(b) Except as provided in subsection (a), no funds paid to
any public or private agency, or institution or to any
individual under this title (either directly or through a State
agency or local agency) may be used for construction.]
[(c)] (b)(1) Funds paid pursuant to section 223(a)(10)(D) and
section 261(a)(3) to any public or private agency,
organization, or institution or to any individual shall not be
used to pay for any personal service, advertisement, telegram,
telephone communication, letter, printed or written matter, or
other device intended or designed to influence a Member of
Congress or any other Federal, State, or local elected official
to favor or oppose any Acts, bills, resolutions, or similar
legislation, or any referendum, initiative, constitutional
amendment, or any similar procedure of the Congress, any State
legislature, any local council, or any similar governing body,
except that this paragraph shall not preclude such funds from
being used in connection with communications to Federal, State,
or local elected officials, upon the request of such officials
through proper official channels, pertaining to authorization,
appropriation, or oversight measures directly affecting the
operation of the program involved.
* * * * * * *
----------
SECTION 5315 OF TITLE 5, UNITED STATES CODE
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Administrator of General Services.
Associate Administrator of the National Aeronautics
and Space Administration.
* * * * * * *
Administrator, [Office of Juvenile Justice and
Delinquency Prevention] Office of Juvenile Crime
Control and Delinquency Prevention.
* * * * * * *
----------
SECTION 4351 OF TITLE 18, UNITED STATES CODE
Sec. 4351. Establishment; Advisory Board; appointment of members;
compensation; officers; committees; delegation of
powers; Director, appointment and powers
(a) * * *
(b) The overall policy and operations of the National
Institute of Corrections shall be under the supervision of an
Advisory Board. The Board shall consist of sixteen members. The
following six individuals shall serve as members of the
Commission ex officio: the Director of the Federal Bureau of
Prisons or his designee, the Director of the Bureau of Justice
Assistance or his designee, Chairman of the United States
Sentencing Commission or his designee, the Director of the
Federal Judicial Center or his designee, the Associate
Administrator for the [Office of Juvenile Justice and
Delinquency Prevention] Office of Juvenile Crime Control and
Delinquency Prevention or his designee, and the Assistant
Secretary for Human Development of the Department of Health,
Education, and Welfare or his designee.
* * * * * * *
----------
SECTION 3220 OF TITLE 39, UNITED STATES CODE
Sec. 3220. Use of official mail in the location and recovery of missing
children
(a)(1) The [Office of Juvenile Justice and Delinquency
Prevention] Office of Juvenile Crime Control and Delinquency
Prevention, after consultation with appropriate public and
private agencies, shall prescribe general guidelines under
which penalty mail may be used to assist in the location and
recovery of missing children. The guidelines shall provide
information relating to--
(A) * * *
* * * * * * *
(c) As used in this section, ``[Office of Juvenile Justice
and Delinquency Prevention] Office of Juvenile Crime Control
and Delinquency Prevention'' and ``Office'' each means the
[Office of Juvenile Justice and Delinquency Prevention] Office
of Juvenile Crime Control and Delinquency Prevention within the
Department of Justice, as established by section 201 of the
Juvenile Justice and Delinquency Prevention Act of 1974.
----------
SECTION 463 OF THE SOCIAL SECURITY ACT
use of federal parent locator service in connection with the
enforcement or determination of child custody and in cases of parental
kidnaping of a child
Sec. 463. (a) * * *
* * * * * * *
(f) The Secretary shall enter into an agreement with the
Attorney General of the United States, under which the services
of the Parent Locator Service established under section 453
shall be made available to the [Office of Juvenile Justice and
Delinquency Prevention] Office of Juvenile Crime Control and
Delinquency Prevention upon its request to locate any parent or
child on behalf of such Office for the purpose of--
(1) enforcing any State or Federal law with respect
to the unlawful taking or restraint of a child, or
(2) making or enforcing a child custody
determination.
The Parent Locator Service shall charge no fees for services
requested pursuant to this subsection.
---------- 01
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
Part H--Administrative Provisions
consultation; establishment of rules and regulations
Sec. 801. (a) The Office of Justice Programs, the Bureau of
Justice Assistance, the [Office of Juvenile Justice and
Delinquency Prevention] Office of Juvenile Crime Control and
Delinquency Prevention, the Bureau of Justice Statistics, and
the National Institute of Justice are authorized, after
appropriate consultation with representatives of States and
units of local government, to establish such rules,
regulations, and procedures as are necessary to the exercise of
their functions, and as are consistent with the stated purposes
of this title.
* * * * * * *
appellate court review
Sec. 804. (a) If any applicant or recipient is dissatisfied
with a final action with respect to section 802, 803, or
809(c)(2)(G) of this part, such applicant or recipient may,
within sixty days after notice of such action, file with the
United States court of appeals for the circuit in which such
applicant or recipient is located, or in the United States
Court of Appeals for the District of Columbia, a petition for
review of the action. A copy of the petition shall forthwith be
transmitted by the petitioner to the Office of Justice
Programs, Bureau of Justice Assistance, the Bureau of Justice
Statistics, the [Office of Juvenile Justice and Delinquency
Prevention] Office of Juvenile Crime Control and Delinquency
Prevention, or the National Institute of Justice, as
appropriate, and the Attorney General of the United States, who
shall represent the Federal Government in the litigation. The
Office of Justice Programs, Bureau of Justice Assistance, the
Bureau of Justice Statistics, the [Office of Juvenile Justice
and Delinquency Prevention] Office of Juvenile Crime Control
and Delinquency Prevention, or the National Institute of
Justice, as appropriate, shall thereupon file in the court the
record of the proceeding on which the action was based, as
provided in section 2112 of title 28, United States Code. No
objection to the action shall be considered by the court unless
such objection has been urged before the Office of Justice
Programs, Bureau of Justice Assistance, the Bureau of Justice
Statistics, the [Office of Juvenile Justice and Delinquency
Prevention] Office of Juvenile Crime Control and Delinquency
Prevention, or the National Institute of Justice, as
appropriate.
(b) The court shall have jurisdiction to affirm or modify a
final action or to set it aside in whole or in part. The
findings of fact by the Office of Justice Programs, Bureau of
Justice Assistance, the Bureau of Justice Statistics, the
[Office of Juvenile Justice and Delinquency Prevention] Office
of Juvenile Crime Control and Delinquency Prevention, or the
National Institute of Justice, if supported by substantial
evidence on the record considered as a whole, shall be
conclusive, but the court, for good cause shown, may remand the
case to the Office of Justice Programs, Bureau of Justice
Assistance, the National Institute of Justice, the [Office of
Juvenile Justice and Delinquency Prevention] Office of Juvenile
Crime Control and Delinquency Prevention, or the Bureau of
Justice Statistics, to take additional evidence to be made part
of the record. The Office of Justice Programs, Bureau of
Justice Assistance, the Bureau of Justice Statistics, the
[Office of Juvenile Justice and Delinquency Prevention] Office
of Juvenile Crime Control and Delinquency Prevention, or the
National Institute of Justice, may thereupon make new or
modified findings of fact by reason of the new evidence so
taken and filed with the court and shall file such modified or
new findings along with any recommendations such entity may
have for the modification or setting aside of such entity's
original action. All new or modified findings shall be
conclusive with respect to questions of fact if supported by
substantial evidence when the record as a whole is considered.
(c) Upon the filing of such petition, the court shall have
jurisdiction to affirm the action of the Office of Justice
Programs, Bureau of Justice Assistance, the Bureau of Justice
Statistics, the [Office of Juvenile Justice and Delinquency
Prevention] Office of Juvenile Crime Control and Delinquency
Prevention, or the National Institute of Justice, or to set it
aside, in whole or in part. The judgment of the court shall be
subject to review by the Supreme Court of the United States
upon writ of certiorari or certifications as provided in
section 1254 of title 28, United States Code.
delegation of functions
Sec. 805. The Attorney General, the Assistant Attorney
General, the Director of the National Institute of Justice, the
Director of the Bureau of Justice Statistics, the Administrator
of the [Office of Juvenile Justice and Delinquency Prevention]
Office of Juvenile Crime Control and Delinquency Prevention,
and the Director of the Bureau of Justice Assistance may
delegate to any of their respective officers or employees such
functions under this title as they deem appropriate.
* * * * * * *
administration of juvenile delinquency programs
Sec. 813. The Director of the National Institute of Justice
and the Director of the Bureau of Justice Statistics shall work
closely with the Administrator of the [Office of Juvenile
Justice and Delinquency Prevention] Office of Juvenile Crime
Control and Delinquency Prevention in developing and
implementing programs in the juvenile justice and delinquency
prevention field.
* * * * * * *
----------
VICTIMS OF CHILD ABUSE ACT OF 1990
* * * * * * *
SEC. 214. LOCAL CHILDREN'S ADVOCACY CENTERS.
(a) * * *
(b) Grant Criteria.--(1) The Director shall establish the
criteria to be used in evaluating applications for grants under
this section consistent with sections [262, 293, and 296 of
subpart II of title II] 299B and 299E of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5665 et
seq.).
* * * * * * *
SEC. 217. STRENGTHENING OF THE COURT-APPOINTED SPECIAL ADVOCATE
PROGRAM.
(a) In General.--The Administrator of the [Office of Juvenile
Justice and Delinquency Prevention] Office of Juvenile Crime
Control and Delinquency Prevention shall make grants to expand
the court-appointed special advocate program.
* * * * * * *
SEC. 222. GRANTS FOR JUVENILE AND FAMILY COURT PERSONNEL.
In order to improve the judicial system's handling of child
abuse and neglect cases, the Administrator of the [Office of
Juvenile Justice and Delinquency Prevention] Office of Juvenile
Crime Control and Delinquency Prevention shall make grants for
the purpose of providing--
(1) * * *
* * * * * * *
SEC. 223. SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING PROGRAMS.
(a) * * *
* * * * * * *
(c) Grant Criteria.--The Administrator shall make grants
under subsections (a) and (b) consistent with [section 262,
293, and 296] sections 262, 299B, and 299E of title II of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5665 et seq.).
* * * * * * *
----------
RUNAWAY AND HOMELESS YOUTH ACT
* * * * * * *
findings
Sec. 302. The Congress hereby finds that--
(1) * * *
* * * * * * *
(5) in view of the interstate nature of the problem,
it is the responsibility of the Federal Government to
develop [accurate reporting of the problem nationally]
an accurate national reporting system to report the
problem, and to develop an effective system of care
(including preventive services, emergency shelter
services, and extended residential shelter) outside the
welfare system and the law enforcement system;
* * * * * * *
[(8) in view of the interstate nature of the problem,
it is the responsibility of the Federal Government to
develop an accurate national reporting system and to
develop an effective system of care including
prevention, emergency shelter services, and longer
residential care outside the public welfare and law
enforcement structures;]
(8) services for runaway and homeless youth are
needed in urban, suburban and rural areas;
* * * * * * *
Part A--Runaway and Homeless Youth Grant Program
Authority to Make Grants
Sec. 311. [(a) The Secretary shall make grants to public and
private entities (and combinations of such entities) to
establish and operate (including renovation) local runaway and
homeless youth centers to provide services to deal primarily
with the immediate needs of runaway or otherwise homeless
youth, and their families, in a manner which is outside the law
enforcement system, the child welfare system, the mental health
system, and the juvenile justice system.]
(a)(1) The Secretary shall make grants to public and
nonprofit private entities (and combinations of such entities)
to establish and operate (including renovation) local centers
to provide services for runaway and homeless youth and for the
families of such youth.
(2) Such services--
(A) shall be provided as an alternative to involving
runaway and homeless youth in the law enforcement,
child welfare, mental health, and juvenile justice
systems;
(B) shall include--
(i) safe and appropriate shelter; and
(ii) individual, family, and group
counseling, as appropriate; and
(C) may include--
(i) street-based services;
(ii) home-based services for families with
youth at risk of separation from the family;
and
(iii) drug abuse education and prevention
services.
(b)(1) * * *
(2) Subject to paragraph (3), the amount allotted under
paragraph (1) with respect to each State for a fiscal year
shall be not less than $100,000, except that the amount
allotted to the Virgin Islands of the United States, Guam,
American Samoa, [the Trust Territory of the Pacific Islands,]
and the Commonwealth of the Northern Mariana Islands shall be
not less than $45,000 each.
* * * * * * *
[(4) In selecting among applicants for grants under
subsection (a), the Secretary shall give priority to private
entities that have experience in providing the services
described in such subsection.
[(c)(1) If for a fiscal year the amount appropriated under
section 385(a)(1) exceeds $50,000,000, the Secretary may make
grants under this subsection for that fiscal year to entities
that receive grants under subsection (a) to establish and
operate street-based service projects for runaway and homeless
youth.
[(2) For purposes of this part, the term ``street-based
services'' includes--
[(i) street-based crisis intervention and counseling;
[(ii) information and referral for housing;
[(iii) information and referral for transitional
living and health care services; and
[(iv) advocacy, education, and prevention services
for--
[(I) alcohol and drug abuse;
[(II) sexually transmitted diseases including
HIV/AIDS infection; and
[(III) physical and sexual assault.
[(d)(1) If for a fiscal year the amount appropriated under
section 385(a)(1) exceeds $50,000,000, the Secretary may make
grants for that fiscal year to entities that receive grants
under subsection (a) to establish and operate home-based
service projects for families that are separated, or at risk of
separation, as a result of the physical absence of a runaway
youth or youth at risk of family separation.
[(2) For purposes of this part--
[(A) the term ``home-based service project'' means a
project that provides--
[(i) case management; and
[(ii) in the family residence (to the maximum
extent practicable)--
[(I) intensive, time-limited, family
and individual counseling;
[(II) training relating to life
skills and parenting; and
[(III) other services;
designed to prevent youth from running away from their
families or to cause runaway youth to return to their
families;
[(B) the term ``youth at risk of family separation''
means an individual--
[(i) who is less than 18 years of age; and
[(ii)(I) who has a history of running away
from the family of such individual;
[(II) whose parent, guardian, or custodian is
not willing to provide for the basic needs of
such individual; or
[(III) who is at risk of entering the child
welfare system or juvenile justice system, as a
result of the lack of services available to the
family to meet such needs; and
[(C) the term ``time-limited'' means for a period not
to exceed 6 months.]
eligibility
Sec. 312. (a) * * *
(b) In order to qualify for assistance under section
311(a), an applicant shall submit a plan to the Secretary
including assurances that the applicant--
(1) * * *
* * * * * * *
(8) shall submit annual reports to the Secretary
detailing how the center has been able to meet the
goals of its plans and reporting the statistical
summaries required by [paragraph (6)] paragraph (7);
* * * * * * *
(10) shall submit a budget estimate with respect to
the plan submitted by such center under this
subsection; [and]
(11) shall supply such other information as the
Secretary reasonably deems necessary[.]; and
(12) shall submit to the Secretary an annual report
that includes--
(A) information regarding the activities
carried out under this part;
(B) the achievements of the project under
this part carried out by the applicant; and
(C) statistical summaries describing the
number and the characteristics of the runaway
and homeless youth, and youth at risk of family
separation, who participate in the project;
in the year for which the report is submitted.
[(c) To be eligible for assistance under section 311(c), an
applicant shall propose to establish, strengthen, or fund a
street-based service project for runaway and homeless youth and
shall submit to the Secretary a plan in which the applicant
agrees, as part of the project--
[(1) to provide qualified supervision of staff,
including on-street supervision by appropriately
trained staff;
[(2) to provide backup personnel for on-street staff;
[(3) to provide informational and health educational
material to runaway and homeless youth in need of
services;
[(4) to provide initial and periodic training of
staff who provide services under the project;
[(5) to carry out outreach activities for runaway and
homeless youth and to collect statistical information
on runaway and homeless youth contacted through such
activities;
[(6) to develop referral relationships with agencies
and organizations that provide services or assistance
to runaway and homeless youth, including law
enforcement, education, social services, vocational
education and training, public welfare, legal
assistance, mental health and health care;
[(7) to submit to the Secretary an annual report that
includes information regarding the activities carried
out with funds received under section 311(c), the
achievements of the project under section 311(c)
carried out by the applicant, and statistical summaries
describing the number and the characteristics of the
runaway and homeless youth who participate in such
project in the year for which the report is submitted;
[(8) to implement such accounting procedures and
fiscal control devices as the Secretary may require;
[(9) to submit to the Secretary an annual budget that
estimates the itemized costs to be incurred in the year
for which the applicant requests a grant under
subsection 311(c);
[(10) to keep adequate statistical records that
profile runaway and homeless youth whom it serves and
not to disclose the identity of such youth in reports
or other documents based on such statistical records;
[(11) not to disclose records maintained on an
individual runaway and homeless youth without the
informed consent of the youth, to any person other than
an agency compiling statistical records; and
[(12) to provide to the Secretary such other
information as the Secretary may reasonably require.
[(d) To be eligible for assistance under section 311(d), an
applicant shall propose to establish, strengthen, or fund a
home-based service project for runaway youth or youth at risk
of family separation and shall submit to the Secretary a plan
in which the applicant agrees, as part of the project--
[(1) to provide counseling and information services
needed by runaway youth, youth at risk of family
separation, and the family (including unrelated
individuals in the family household) of such youth,
including services relating to basic life skills,
interpersonal skill building, educational advancement,
job attainment skills, mental and physical health care,
parent training, financial planning, and referral to
sources of other needed services;
[(2) to provide directly, or through an arrangement
made by the applicant, 24-hour service to respond to
family crises (including immediate access to temporary
shelter for runaway youth and youth at risk of family
separation affected by family crises);
[(3) to establish in partnership with the families of
runaway youth and youth at risk of family separation,
objectives and measures of success to be achieved as a
result of participating in such project;
[(4) to provide informational and health educational
material to runaway youth and youth at risk of family
separation in need of services;
[(5) to provide initial and periodic training of
staff who provide services under the project;
[(6) to carry out outreach activities for runaway
youth and youth at risk of family separation, and to
collect statistical information on runaway youth and
youth at risk of family separation contacted through
such activities;
[(7) to ensure that--
[(i) caseloads will remain sufficiently low
to allow for intensive (5 to 20 hours per week)
involvement with each family participating in
such project; and
[(ii) qualified supervision will be provided
to staff who provide services under the
project;
[(8) to submit to the Secretary an annual report that
includes information regarding the activities carried
out with funds under section 311(d), the achievements
of the project under this part carried out by the
applicant and statistical summaries describing the
number and the characteristics of the runaway youth and
youth at risk of family separation who participate in
such project in the year for which the report is
submitted;
[(9) to implement such accounting procedures and
fiscal control devices as the Secretary may require;
[(10) to submit to the Secretary an annual budget
that estimates the itemized costs to be incurred in the
year for which the applicant requests a grant under
section 311(d);
[(11) to keep adequate statistical records that
profile runaway youth and youth at risk of family
separation whom it serves and not to disclose the
identity of such youth in reports or other documents
based on such statistical records;
[(12) not to disclose records maintained on an
individual runaway youth or youth at risk of family
separation without the informed consent of the youth,
to any person other than an agency compiling
statistical records; and
[(13) to provide to the Secretary such other
information as the Secretary may reasonably require.]
(c) To be eligible to use assistance under section
311(a)(2)(C)(i) to provide street-based services, the applicant
shall include in the plan required by subsection (b) assurances
that in providing such services the applicant will--
(1) provide qualified supervision of staff, including
on-street supervision by appropriately trained staff;
(2) provide backup personnel for on-street staff;
(3) provide initial and periodic training of staff
who provide such services; and
(4) conduct outreach activities for runaway and
homeless youth, and street youth.
(d) To be eligible to use assistance under section 311(a) to
provide home-based services described in section
311(a)(2)(C)(ii), an applicant shall include in the plan
required by subsection (b) assurances that in providing such
services the applicant will--
(1) provide counseling and information to youth and
the families (including unrelated individuals in the
family households) of such youth, including services
relating to basic life skills, interpersonal skill
building, educational advancement, job attainment
skills, mental and physical health care, parenting
skills, financial planning, and referral to sources of
other needed services;
(2) provide directly, or through an arrangement made
by the applicant, 24-hour service to respond to family
crises (including immediate access to temporary shelter
for runaway and homeless youth, and youth at risk of
separation from the family);
(3) establish, in partnership with the families of
runaway and homeless youth, and youth at risk of
separation from the family, objectives and measures of
success to be achieved as a result of receiving home-
based services;
(4) provide initial and periodic training of staff
who provide home-based services; and
(5) ensure that--
(A) caseloads will remain sufficiently low to
allow for intensive (5 to 20 hours per week)
involvement with each family receiving such
services; and
(B) staff providing such services will
receive qualified supervision.
(e) To be eligible to use assistance under section
311(a)(2)(C)(iii) to provide drug abuse education and
prevention services, an applicant shall include in the plan
required by subsection (b)--
(1) a description of--
(A) the types of such services that the
applicant proposes to provide;
(B) the objectives of such services; and
(C) the types of information and training to
be provided to individuals providing such
services to runaway and homeless youth; and
(2) an assurance that in providing such services the
applicant shall conduct outreach activities for runaway
and homeless youth.
approval by secretary
[Sec. 313. An application by a State, locality, or private
entity for a grant under section 311 (a), (c), or (d) may be
approved by the Secretary only if it is consistent with the
applicable provisions of section 311 (a), (c), or (d) and meets
the requirements set forth in section 312. Priority shall be
given to grants smaller than $200,000. In considering grant
applications under section 311(a), priority shall be given to
organizations which have a demonstrated experience in the
provision of service to runaway and homeless youth and their
families.]
approval of applications
Sec. 313. (a) An application by a public or private entity
for a grant under section 311(a) may be approved by the
Secretary after taking into consideration, with respect to the
State in which such entity proposes to provide services under
this part--
(1) the geographical distribution in such State of
the proposed services under this part for which all
grant applicants request approval; and
(2) which areas of such State have the greatest need
for such services.
(b) The Secretary shall, in considering applications for
grants under section 311(a), give priority to--
(A) eligible applicants who have a demonstrated
experience in providing services to runaway and
homeless youth; and
(B) eligible applicants that request grants of less
than $200,000.
* * * * * * *
Part B--Transitional Living Grant Program
[purpose and] authority for program
Sec. 321. [(a)] The Secretary is authorized to make grants
and to provide technical assistance to public and nonprofit
private entities to establish and operate transitional living
youth projects for homeless youth.
[(b) For purposes of this part--
[(1) the term ``homeless youth'' means any
individual--
[(A) who is not less than 16 years of age and
not more than 21 years of age;
[(B) for whom it is not possible to live in a
safe environment with a relative; and
[(C) who has no other safe alternative living
arrangement; and
[(2) the term ``transitional living youth project''
means a project that provides shelter and services
designated to promote a transition to self-sufficient
living and to prevent long-term dependency on social
services.]
* * * * * * *
Part C--National Communications System
authority to make grants
Sec. 331. [With funds reserved under section 385(a)(3), the
Secretary] The Secretary shall make grants for a national
communication system to assist runaway and homeless youth in
communicating with their families and with service providers.
The Secretary shall give priority to grant applicants that have
experience in providing telephone services to runaway and
homeless youth.
Part D--Coordinating, Training, Research, and Other Activities
coordination
* * * * * * *
authority to make grants for research, evaluation, demonstration, and
service projects
Sec. 343. (a) The Secretary may make grants to States,
localities, and private entities (and combinations of such
entities) to carry out research, evaluation, demonstration, and
service projects designed to increase knowledge concerning, and
to improve services for, runaway youth and homeless youth.
(b) In selecting among applications for grants under
subsection (a), the Secretary shall give special consideration
to proposed projects relating to--
(1) * * *
* * * * * * *
[(2) home-based and street-based services for, and
outreach to, runaway youth and homeless youth;]
[(3)] (2) transportation of runaway youth and
homeless youth in connection with services authorized
to be provided under this title;
[(4)] (3) the special needs of runaway youth and
homeless youth programs in rural areas;
[(5)] (4) the special needs of programs that place
runaway youth and homeless youth in host family homes;
[(6)] (5) * * *
* * * * * * *
[(7)] (6) innovative methods of developing resources
that enhance the establishment or operation of runaway
and homeless youth centers;
[(8)] (7) training for runaway youth and homeless
youth, and staff training, related to preventing and
obtaining treatment for infection by the human
immunodeficiency virus (HIV);
[(9)] (8) increasing access to health care (including
mental health care) for runaway youth and homeless
youth; and
[(10)] (9) increasing access to education for runaway
youth and homeless youth.
* * * * * * *
[temporary demonstration projects to provide services to youth in rural
areas
[Sec. 344. (a)(1) With funds appropriated under section
385(c), the Secretary may make grants on a competitive basis to
States, localities, and private entities (and combinations of
such entities) to provide services (including transportation)
authorized to be provided under part A, to runaway and homeless
youth in rural areas.
[(2)(A) Each grant made under paragraph (1) may not exceed
$100,000.
[(B) In each fiscal year for which funds are appropriated to
carry out this section, grants shall be made under paragraph
(1) to eligible applicants to carry out projects in not fewer
than 10 States.
[(C) Not more than 2 grants may be made under paragraph (1)
in each fiscal year to carry out projects in a particular
State.
[(3) Each eligible applicant that receives a grant for a
fiscal year to carry out a project under this section shall
have priority to receive a grant for the subsequent fiscal year
to carry out a project under this section.
[(b) To be eligible to receive a grant under subsection (a),
an applicant shall--
[(1) submit to the Secretary an application in such
form and containing such information and assurances as
the Secretary may require by rule; and
[(2) propose to carry out such project in a
geographical area that--
[(A) has a population under 20,000;
[(B) is located outside a Standard
Metropolitan Statistical Area; and
[(C) agree to provide to the Secretary an
annual report identifying--
[(i) the number of runaway and
homeless youth who receive services
under the project carried out by the
applicant;
[(ii) the types of services
authorized under part A that were
needed by, but not provided to, such
youth in the geographical area served
by the project;
[(iii) the reasons the services
identified under clause (ii) were not
provided by the project; and
[(iv) such other information as the
Secretary may require.]
* * * * * * *
Part E--Sexual Abuse Prevention Program
authority to make grants
Sec. 351. (a) The Secretary may make grants to nonprofit
private agencies for the purpose of providing street-based
services to runaway and homeless, and street youth, who have
been subjected to, or are at risk of being subjected to, sexual
abuse.
(b) In selecting applicants to receive grants under
subsection (a), the Secretary shall give priority to nonprofit
private agencies that have experience in providing services to
runaway and homeless, and street youth.
Part [E] F--General Provisions
assistance to potential grantees
Sec. [371.] 381. The Secretary shall provide informational
assistance to potential grantees interested in establishing
runaway and homeless youth centers and transitional living
youth projects. [Such assistance shall consist of information
on--
[(1) steps necessary to establish a runaway and
homeless youth center or transitional living youth
project, including information on securing space for
such center or such project, obtaining insurance,
staffing, and establishing operating procedures;
[(2) securing local private or public financial
support for the operation of such center or such
project, including information on procedures utilized
by grantees under this title; and
[(3) the need for the establishment of additional
runaway and homeless youth centers in the geographical
area identified by the potential grantee involved.]
lease of surplus federal facilities for use as runaway and homeless
youth centers or as transitional living youth shelter facilities
Sec. [372.] 382. (a) The Secretary may enter into
cooperative lease arrangements with States, localities, and
nonprofit private agencies to provide for the use of
appropriate surplus Federal facilities transferred by the
General Services Administration to the Department of Health and
Human Services for use as runaway and homeless youth centers or
as transitional living youth shelter facilities if the
Secretary determines that--
(1) the applicant involved has suitable financial
support necessary to operate a runaway and homeless
youth center or transitional living youth project, as
the case may be, under this title;
(2) the applicant is able to demonstrate the program
expertise required to operate such center in compliance
with this title, whether or not the applicant is
receiving a grant under this part; and
(3) the applicant has consulted with and obtained the
approval of the chief executive officer of the unit of
general local government in which the facility is
located.
(b)(1) Each facility made available under this section
shall be made available for a period of not less than 2 years,
and no rent or fee shall be charged to the applicant in
connection with use of such facility.
(2) Any structural modifications or additions to facilities
made available under this section shall become the property of
the United States. All such modifications or additions may be
made only after receiving the prior written consent of the
Secretary or other appropriate officer of the Department of
Health and Human Services.
* * * * * * *
[Part F--Administrative Provisions
[Sec. 381. (a) Not later than 180 days after the end of each
fiscal year, the Secretary shall submit a report to the
Committee on Education and Labor of the House of
Representatives and the Committee on the Judiciary of the
Senate on the status and accomplishments of the runaway and
homeless youth centers which are funded under part A, with
particular attention to--
[(1) their effectiveness in alleviating the problems
of runaway and homeless youth;
[(2) their ability to reunite children with their
families and to encourage the resolution of intrafamily
problems through counseling and other services;
[(3) their effectiveness in strengthening family
relationships and encouraging stable living conditions
for children; and
[(4) their effectiveness in helping youth decide upon
a future course of action.
[(b) Not later than 180 days after the end of each fiscal
year, the Secretary shall submit a report to the Committee on
Education and Labor of the House of Representatives and the
Committee on the Judiciary of the Senate on the status and
accomplishments of the transitional living youth projects which
are funded under part B, with particular attention to--
[(1) the number and characteristics of homeless youth
served by such projects;
[(2) describing the types of activities carried out
under such projects;
[(3) the effectiveness of such projects in
alleviating the immediate problems of homeless youth;
[(4) the effectiveness of such projects in preparing
homeless youth for self sufficiency;
[(5) the effectiveness of such projects in helping
youth decide upon future education, employment, and
independent living; and
[(6) the ability of such projects to strengthen
family relationships, and encourage the resolution of
intra-family problems through counseling and the
development of self-sufficient living skills.]
reports
Sec. 383. (a) Not later than April 1, 1998, and at 2-year
intervals thereafter, the Secretary shall submit, to the
Committee on Economic and Educational Opportunities of the
House of Representatives and the Committee on the Judiciary of
the Senate, a report on the status, activities, and
accomplishments of entities that receive grants under parts A,
B, C, D, and E, with particular attention to--
(1) in the case of centers funded under part A, the
ability or effectiveness of such centers in--
(A) alleviating the problems of runaway and
homeless youth;
(B) if applicable or appropriate, reuniting
such youth with their families and encouraging
the resolution of intrafamily problems through
counseling and other services;
(C) strengthening family relationships and
encouraging stable living conditions for such
youth; and
(D) assisting such youth to decide upon a
future course of action; and
(2) in the case of projects funded under part B--
(A) the number and characteristics of
homeless youth served by such projects;
(B) the types of activities carried out by
such projects;
(C) the effectiveness of such projects in
alleviating the problems of homeless youth;
(D) the effectiveness of such projects in
preparing homeless youth for self-sufficiency;
(E) the effectiveness of such projects in
assisting homeless youth to decide upon future
education, employment, and independent living;
(F) the ability of such projects to encourage
the resolution of intrafamily problems through
counseling and the development of self-
sufficient living skills; and
(G) activities and programs planned by such
projects for the following fiscal year.
(b) The Secretary shall include in the report required by
subsection (a) summaries of--
(1) the evaluations performed by the Secretary under
section 386; and
(2) descriptions of the qualifications of, and
training provided to, individuals involved in carrying
out such evaluations.
federal share
Sec. [382.] 384. (a) The Federal share for the renovation
of existing structures, the provision of counseling services,
staff training, and the general costs of operations of such
facility's budget for any fiscal year shall be 90 per centum.
The non-Federal share may be in cash or in kind, fairly
evaluated by the Secretary including plant, equipment, or
services.
(b) Payments under this section may be made in
installments, in advance, or by way of reimbursement, with
necessary adjustments on account of overpayments or
underpayments.
records
Sec. [383.] 385. Records containing the identity of
individual youth pursuant to this Act may under no
circumstances be disclosed or transferred to any individual or
to any public or private agency.
* * * * * * *
[annual program priorities
[Sec. 384. (a) The Secretary shall develop for each fiscal
year, and publish annually in the Federal Register for public
comment a proposed plan specifying the subject priorities the
Secretary will follow in making grants under this title for
such fiscal year.
[(b) Taking into consideration comments received in the 45-
day period beginning on the date the proposed plan is
published, the Secretary shall develop and publish, before
December 31 of such fiscal year, a final plan specifying the
priorities referred to in subsection (a).]
evaluation and information
Sec. 386. (a) If a grantee receives grants for 3 consecutive
fiscal years under part A, B, C, D, or E (in the alternative),
then the Secretary shall evaluate such grantee on-site, not
less frequently than once in the period of such 3 consecutive
fiscal years, for purposes of--
(1) determining whether such grants are being used
for the purposes for which such grants are made by the
Secretary;
(2) collecting additional information for the report
required by section 383; and
(3) providing such information and assistance to such
grantee as will enable such grantees to improve the
operation of the centers, projects, and activities for
which such grants are made.
(b) Recipients of grants under this title shall cooperate
with the Secretary's efforts to carry out evaluations, and to
collect information, under this title.
consolidated review of applications
Sec. 387. With respect to funds available to carry out parts
A, B, C, D, and E, nothing in this title shall be construed to
prohibit the Secretary from--
(1) announcing, in a single announcement, the
availability of funds for grants under 2 or more of
such parts; and
(2) reviewing applications for grants under 2 or more
of such parts in a single, consolidated application
review process.
definitions
Sec. 388. For the purposes of this title:
(1) The term ``drug abuse education and prevention
services''--
(A) means services to runaway and homeless
youth to prevent or reduce the illicit use of
drugs by such youth; and
(B) may include--
(i) individual, family, group, and
peer counseling;
(ii) drop-in services;
(iii) assistance to runaway and
homeless youth in rural areas
(including the development of community
support groups);
(iv) information and training
relating to the illicit use of drugs by
runaway and homeless youth, to
individuals involved in providing
services to such youth; and
(v) activities to improve the
availability of local drug abuse
prevention services to runaway and
homeless youth.
(2) The term ``home-based services''--
(A) means services provided to youth and
their families for the purpose of--
(i) preventing such youth from
running away, or otherwise becoming
separated, from their families; and
(ii) assisting runaway youth to
return to their families; and
(B) includes services that are provided in
the residences of families (to the extent
practicable), including--
(i) intensive individual and family
counseling; and
(ii) training relating to life skills
and parenting.
(3) The term ``homeless youth'' means an individual--
(A) who is--
(i) not more than 21 years of age;
and
(ii) for the purposes of part B, not
less than 16 years of age;
(B) for whom it is not possible to live in a
safe environment with a relative; and
(C) who has no other safe alternative living
arrangement.
(4) The term ``street-based services''--
(A) means services provided to runaway and
homeless youth, and street youth, in areas
where they congregate, designed to assist such
youth in making healthy personal choices
regarding where they live and how they behave;
and
(B) may include--
(i) identification of and outreach to
runaway and homeless youth, and street
youth;
(ii) crisis intervention and
counseling;
(iii) information and referral for
housing;
(iv) information and referral for
transitional living and health care
services;
(v) advocacy, education, and
prevention services related to--
(I) alcohol and drug abuse;
(II) sexually transmitted
diseases, including the human
immunodeficiency virus (HIV);
and
(III) physical and sexual
assault.
(5) The term ``street youth'' means an individual
who--
(A) is--
(i) a runaway youth; or
(ii) indefinitely or intermittently a
homeless youth; and
(B) spends a significant amount of time on
the street or in other areas which increase the
exposure of such youth to sexual abuse.
(6) The term ``transitional living youth project''
means a project that provides shelter and services
designed to promote a transition to self-sufficient
living and to prevent long-term dependency on social
services.
(7) The term ``youth at risk of separation from the
family'' means an individual--
(A) who is less than 18 years of age; and
(B)(i) who has a history of running away from
the family of such individual;
(ii) whose parent, guardian, or custodian is
not willing to provide for the basic needs of
such individual; or
(iii) who is at risk of entering the child
welfare system or juvenile justice system as a
result of the lack of services available to the
family to meet such needs.
authorization of appropriations
[Sec. 385. (a)(1) To carry out the purposes of part A of
this title there are authorized to be appropriated such sums as
may be necessary for fiscal years 1989, 1990, 1991, and 1992.
[(2) Not less than 90 percent of the funds appropriated
under paragraph (1) for a fiscal year shall be available to
carry out section 311(a) in such fiscal year.
[(b)(1) Subject to paragraph (2), to carry out the purposes
of part B of this title, there are authorized to be
appropriated $5,000,000 for fiscal year 1989 and such sums as
may be necessary for each of the fiscal years 1990, 1991, and
1992.
[(2) No funds may be appropriated to carry out part B of
this title for a fiscal year unless the aggregate amount
appropriated for such fiscal year to carry out part A of this
title exceeds $26,900,000.
[(c) The Secretary (through the Office of Youth Development
which shall administer this title) shall consult with the
Attorney General (through the Administrator of the Office of
Juvenile Justice and Delinquency Prevention) for the purpose of
coodinating the development and implementation of programs and
activities funded under this title with those related programs
and activities funded under title II of this Act and under the
Omnibus Crime Control and Safe Streets Act of 1968, as amended.
[(d) No funds appropriated to carry out the purposes of
this title--
[(1) may be used for any program or activity which is
not specifically authorized by this title; or
[(2) may be combined with funds appropriated under
any other Act if the purpose of combining such funds is
to make a single discretionary grant or a single
discretionary payment unless such funds are separately
identified in all grants and contracts and are used for
the purposes specified in this title.]
authorization of appropriations
Sec. 389. (a)(1) There are authorized to be appropriated to
carry out this title (other than part E) $60,000,000 for fiscal
year 1997 and such sums as may be necessary for each of the
fiscal years 1998, 1999, and 2000.
(2)(A) From the amount appropriated under paragraph (1) for a
fiscal year, the Secretary shall reserve not less than 90
percent to carry out parts A and B.
(B) Of the amount reserved under subparagraph (A), not less
than 20 percent, and not more than 25 percent, shall be
reserved to carry out part B.
(3) After reserving the amounts required by paragraph (2),
the Secretary shall reserve the remaining amount (if any) to
carry out parts C and D.
(b) No funds appropriated to carry out this title may be
combined with funds appropriated under any other Act if the
purpose of combining such funds is to make a single
discretionary grant, or a single discretionary payment, unless
such funds are separately identified in all grants and
contracts and are used for the purposes specified in this
title.
(c) There are authorized to be appropriated to carry out part
E such sums as may be necessary for fiscal years 1997, 1998,
1999, and 2000.
[TITLE IV--EXTENSION AND AMENDMENT OF THE JUVENILE DELINQUENCY
PREVENTION ACT
[youth development demonstrations
[Sec. 401. Title I of the Juvenile Delinquency Prevention Act
is amended (1) in the caption thereof, by inserting ``AND
DEMONSTRATION PROGRAMS'' after ``SERVICES''; (2) following the
caption thereof, by inserting ``Part A--Community-Based
Coordinated Youth Services''; (3) in sections 101, 102(a),
102(b)(1), 102(b)(2), 103(a) (including paragraph (1) thereof),
104(a) (including paragraphs (1), (4), (5), (7), and (10)
thereof), and 104(b) by striking out ``title'' and inserting
``part'' in lieu thereof; and (4) by inserting at the end of
the title following new part:
[``Part B--Demonstrations in Youth Development
[``Sec. 105. (a) For the purpose of assisting the
demonstration of innovative approaches to youth development and
the prevention and treatment of delinquent behavior (including
payment of all or part of the costs of minor remodeling or
alteration), the Secretary may make grants to any State (or
political subdivision thereof), any agency thereof, and any
nonprofit private agency, institution, or organization that
submits to the Secretary, at such time and in such form and
manner as the Secretary's regulations shall prescribe, an
application containing a description of the purposes for which
the grant is sought, and assurances satisfactory to the
Secretary that the applicant will use the grant for the
purposes for which it is provided, and will comply with such
requirements relating to the submission of reports, methods of
fiscal accounting, the inspection and audit of records and
other materials, and such other rules, regulations, standards,
and procedures, as the Secretary may impose to assure the
fulfillment of the purposes of this Act.
[``(b) No demonstration may be assisted by a grant under this
section for more than one year.''
[consultation
[Sec. 402. (a) Section 408 of such Act is amended by adding
at the end of subsection (a) thereof the following new
subsection:
[``(b) The Secretary shall consult with the Attorney General
for the purpose of coordinating the development and
implementation of programs and activities funded under this Act
with those related programs and activities funded under the
Omnibus Crime Control and Safe Streets Act of 1968''; and by
deleting subsection (b) thereof.
[(b) Section 409 is repealed.
[repeal of minimum state allotments
[Sec. 403. Section 403(b) of such Act is repealed, and
section 403(a) of such Act is redesignated section 403.
[extension of program
[Sec. 404. Section 402 of such Act, as amended by this Act,
is further amended in the first sentence by inserting after
``fiscal year'' the following: ``and such sums as may be
necessary for fiscal year 1975''.
[TITLE V--MISCELLANEOUS AND CONFORMING AMENDMENTS
[Part A--Amendments to the Federal Juvenile Delinquency Act
[Sec. 501. Section 5031 of title 18, United States Code, is
amended to read as follows:
[``Sec. 5031. Definitions
[``For the purposes of this chapter, a `juvenile' is a person
who has not attained his eighteenth birthday, or for the
purpose of proceedings and disposition under this chapter for
an alleged act of juvenile delinquency, a person who has not
attained his twenty-first birthday, and `juvenile delinquency'
is the violation of a law of the United States committed by a
person prior to his eighteenth birthday which would have been a
crime if committed by an adult.''
[delinquency proceedings in district courts
[Sec. 502. Section 5032 of title 18, United States Code, is
amended to read as follows:
[``Sec. 5032. Delinquency proceedings in district courts; transfer for
criminal prosecution
[``A juvenile alleged to have committed an act of juvenile
delinquency shall not be proceeded against in any court of the
United States unless the Attorney General, after investigation,
certifies to an appropriate district court of the United States
that the juvenile court or other appropriate court of a State
(1) does not have jurisdiction or refuses to assume
jurisdiction over said juvenile with respect to such alleged
act of juvenile delinquency, or (2) does not have available
programs and services adequate for the needs of juveniles.
[``If the Attorney General does not so certify, such juvenile
shall be surrendered to the appropriate legal authorities of
such State.
[``If an alleged juvenile delinquent is not surrendered to
the authorities of a State or the District of Columbia pursuant
to this section, any proceedings against him shall be in an
appropriate district court of the United States. For such
purposes, the court may be convened at any time and place
within the district, in chambers or otherwise. The Attorney
General shall proceed by information, and no criminal
prosecution shall be instituted for the alleged act of juvenile
delinquency except as provided below.
[``A juvenile who is alleged to have committed an act of
juvenile delinquency and who is not surrendered to State
authorities shall be proceeded against under this chapter
unless he has requested in writing upon advice of counsel to be
proceeded against as an adult, except that, with respect to a
juvenile sixteen years and older alleged to have committed an
act after his sixteenth birthday which if committed by an adult
would be a felony punishable by a maximum penalty of ten years
imprisonment or more, life imprisonment, or death, criminal
prosecution on the basis of the alleged act may be begun by
motion to transfer of the Attorney General in the appropriate
district court of the United States, if such court finds, after
hearing, such transfer would be in the interest of justice.
[``Evidence of the following factors shall be considered, and
findings with regard to each factor shall be made in the
record, in assessing whether a transfer would be in the
interest of justice: the age and social background of the
juvenile; the nature of the alleged offense; the extent and
nature of the juvenile's prior delinquency record; the
juvenile's present intellectual development and psychological
maturity; the nature of past treatment efforts and the
juvenile's response to such efforts; the availability of
programs designed to treat the juvenile's behavioral problems.
[``Reasonable notice of the transfer hearing shall be given
to the juvenile, his parents, guardian, or custodian and to his
counsel. The juvenile shall be assisted by counsel during the
transfer hearing, and at every other critical stage of the
proceedings.
[``Once a juvenile has entered a plea of guilty or the
proceeding has reached the stage that evidence has begun to be
taken with respect to a crime or an alleged act of juvenile
delinquency subsequent criminal prosecution or juvenile
proceedings based upon such alleged act of delinquency shall be
barred.
[``Statements made by a juvenile prior to or during a
transfer hearing under this section shall not be admissible at
subsequent criminal prosecutions.''
[custody
[Sec. 503. Section 5033 of title 18, United States Code, is
amended to read as follows:
[``Sec. 5033. Custody prior to appearance before magistrate
[``Whenever a juvenile is taken into custody for an alleged
act of juvenile delinquency, the arresting officer shall
immediately advise such juvenile of his legal rights, in
language comprehensive to a juvenile, and shall immediately
notify the Attorney General and the juvenile's parents,
guardian, or custodian of such custody. The arresting officer
shall also notify the parents, guardian, or custodian of the
rights of the juvenile and of the nature of the alleged
offense.
[``The juvenile shall be taken before a magistrate forthwith.
In no event shall the juvenile be detained for longer than a
reasonable period of time before being brought before a
magistrate.''
[duties of magistrate
[Sec. 504. Section 5034 of title 18, United States Code, is
amended to read as follows:
[``Sec. 5034. Duties of magistrate
[``The magistrate shall insure that the juvenile is
represented by counsel before proceeding with critical stages
of the proceedings. Counsel shall be assigned to represent a
juvenile when the juvenile and his parents, guardian, or
custodian are financially unable to obtain adequate
representation. In cases where the juvenile and his parents,
guardian, or custodian are financially able to obtain adequate
representation but have not retained counsel, the magistrate
may assign counsel and order the payment of reasonable
attorney's fees or may direct the juvenile, his parents,
guardian, or custodian to retain private counsel within a
specified period of time.
[``The magistrate may appoint a guardian ad litem if a parent
or guardian of the juvenile is not present, or if the
magistrate has reason to believe that the parents or guardian
will not cooperate with the juvenile in preparing for trial, or
that the interests of the parents or guardian and those of the
juvenile are adverse.
[``If the juvenile has not been discharged before his initial
appearance before the magistrate, the magistrate shall release
the juvenile to his parents, guardian, custodian, or other
responsible party (including, but not limited to, the director
of a shelter-care facility upon their promise to bring such
juvenile before the appropriate court when requested by such
court unless the magistrate determines, after hearing, at which
the juvenile is represented by counsel, that the detention of
such juvenile is required to secure his timely appearance
before the appropriate court or to insure his safety or that of
others.''
[detention
[Sec. 505. Section 5035 of this title is amended to read as
follows:
[``Sec. 5035. Detention prior to disposition
[``A juvenile alleged to be delinquent may be detained only
in a juvenile facility or such other suitable place as the
Attorney General may designate. Whenever possible, detention
shall be in a foster home or community based facility located
in or near his home community. The Attorney General shall not
cause any juvenile alleged to be delinquent to be detained or
confined in any institution in which the juvenile has regular
contact with adult persons convicted of a crime or awaiting
trial on criminal charges. Insofar as possible, alleged
delinquents shall be kept separate from adjudicated
delinquents. Every juvenile in custody shall be provided with
adequate food, heat, light, sanitary facilities, bedding,
clothing, recreation, education, and medical care, including
necessary psychiatric, psychological, or other care and
treatment.''
[speedy trial
[Sec. 506. Section 5036 of this title is amended to read as
follows:
[``Sec. 5036. Speedy trial
[``If an alleged delinquent who is in detention pending trial
is not brought to trial within thirty days from the date upon
which such detention was begun, the information shall be
dismissed on motion of the alleged delinquent or at the
direction of the court, unless the Attorney General shows that
additional delay was caused by the juvenile or his counsel, or
consented to by the juvenile and his counsel, or would be in
the interest of justice in the particular case. Delays
attributable solely to court calendar congestion may not be
considered in the interest of justice. Except in extraordinary
circumstances, an information dismissed under this section may
not be reinstituted.''
[disposition
[Sec. 507. Section 5037 is amended to read as follows:
[``Sec. 5037. Dispositional hearing
[``(a) If a juvenile is adjudicated delinquent, a separate
dispositional hearing shall be held no later than twenty court
days after trial unless the court has ordered further study in
accordance with subsection (c). Copies of the presentence
report shall be provided to the attorneys for both the juvenile
and the Government a reasonable time in advance of the hearing.
[``(b) The court may suspend the adjudication of delinquency
or the disposition of the delinquent on such conditions as it
deems proper, place him on probation, or commit him to the
custody of the Attorney General. Probation, commitment, or
commitment in accordance with subsection (c) shall not extend
beyond the juvenile's twenty-first birthday or the maximum term
which could have been imposed on an adult convicted of the same
offense, whichever is sooner, unless the juvenile has attained
his nineteenth birthday at the time of disposition, in which
case probation, commitment, or commitment in accordance with
subsection (c) shall not exceed the lesser of two years or the
maximum term which could have been imposed on an adult
convicted of the same offense.
[``(c) If the court desires more detailed information
concerning an alleged or adjudicated delinquent, it may commit
him, after notice and hearing at which the juvenile is
represented by counsel, to the custody of the Attorney General
for observation and study by an appropriate agency. Such
observation and study shall be conducted on an outpatient
basis, unless the court determines that inpatient observation
and study are necessary to obtain the desired information. In
the case of an alleged juvenile delinquent, inpatient study may
be ordered only with the consent of the juvenile and his
attorney. The agency shall make a complete study of the alleged
or adjudicated delinquent to ascertain his personal traits, his
capabilities, his background, any previous delinquency or
criminal experience, any mental or physical defect, and any
other relevant factors. The Attorney General shall submit to
the court and the attorneys for the juvenile and the Government
the results of the study within thirty days after the
commitment of the juvenile, unless the court grants additional
time.''
[juvenile records
[Sec. 508. Section 5038 is added, to read as follows:
[``Sec. 5038. Use of juvenile records
[``(a) Throughout the juvenile delinquency proceeding the
court shall safeguard the records from disclosure. Upon the
completion of any juvenile delinquency proceeding whether or
not there is an adjudication the district court shall order the
entire file and record of such proceeding sealed. After such
sealing, the court shall not release these records except to
the extent necessary to meet the following circumstances:
[``(1) inquiries received from another court of law;
[``(2) inquiries from an agency preparing a
presentence report for another court;
[``(3) inquiries from law enforcement agencies where
the request for information is related to the
investigation of a crime or a position within that
agency;
[``(4) inquiries, in writing, from the director of a
treatment agency or the director of a facility to which
the juvenile has been committed by the court; and
[``(5) inquiries from an agency considering the
person for a position immediately and directly
affecting the national security.
Unless otherwise authorized by this section, information about
the sealed record may not be released when the request for
information is related to an application for employment,
license, bonding, or any civil right or privilege. Responses to
such inquiries shall not be different from responses made about
persons who have never been involved in a delinquency
proceeding.
[``(b) District courts exercising jurisdiction over any
juvenile shall inform the juvenile, and his parent or guardian,
in writing in clear and nontechnical language, of rights
relating to the sealing of his juvenile record.
[``(c) During the course of any juvenile delinquency
proceeding, all information and records relating to the
proceeding, which are obtained or prepared in the discharge of
an official duty by an employee of the court or an employee of
any other governmental agency, shall not be disclosed directly
or indirectly to anyone other than the judge, counsel for the
juvenile and the government, or others entitled under this
section to receive sealed records.
[``(d) Unless a juvenile who is taken into custody is
prosecuted as an adult--
[``(1) neither the fingerprints nor a photograph
shall be taken without the written consent of the
judge; and
[``(2) neither the name nor picture of any juvenile
shall be made public by any medium of public
information in connection with a juvenile delinquency
proceeding.''
[commitment
[Sec. 509. Section 5039 is added, to read as follows:
[``Sec. 5039. Commitment
[``No juvenile committed to the custody of the Attorney
General may be placed or retained in an adult jail or
correctional institution in which he has regular contact with
adults incarcerated because they have been convicted of a crime
or are awaiting trial on criminal charges.
[``Every juvenile who has been committed shall be provided
with adequate food, heat, light, sanitary facilities, bedding,
clothing, recreation, counseling, education, training, and
medical care including necessary psychiatric, psychological, or
other care and treatment.
[``Whenever possible, the Attorney General shall commit a
juvenile to a foster home or community-based facility located
in or near his home community.''
[support
[Sec. 510. Section 5040 is added, to read as follows:
[``Sec. 5040. Support
[``The Attorney General may contract with any public or
private agency or individual and such community-based
facilities as halfway houses and foster homes for the
observation and study and the custody and care of juveniles in
his custody. For these purposes, the Attorney General may
promulgate such regulations as are necessary and may use the
appropriation for `support of United States prisoners' or such
other appropriations as he may designate.''
[parole
[Sec. 511. Section 5041 is added to read as follows:
[``Sec. 5041. Parole
[``The Board of Parole shall release from custody, on such
conditions as it deems necessary, each juvenile delinquent who
has been committed, as soon as the Board is satisfied that he
is likely to remain at liberty without violating the law and
when such release would be in the interest of justice.''
[revocation
[Sec. 512. Section 5042 is added to read as follows:
[``Sec. 5042. Revocation of parole or probation
[``Any juvenile parolee or probationer shall be accorded
notice and a hearing with counsel before his parole or
probation can be revoked.''
[Sec. 513. The table of sections of chapter 403 of this title
is amended to read as follows:
[``Sec.
[``5031. Definitions.
[``5032. Delinquency proceedings in district courts; transfer for
criminal prosecution.
[``5033. Custody prior to appearance before magistrate.
[``5034. Duties of magistrate.
[``5035. Detention prior to disposition.
[``5036. Speedy trial.
[``5037. Dispositional hearing.
[``5038. Use of juvenile records.
[``5039. Commitment.
[``5040. Support.
[``5041. Parole.
[``5042. Revocation of parole or probation.''.
[Part B--National Institute of Corrections
[Sec. 521. Title 18, United States Code, is amended by adding
a new chapter 319 to read as follows:
[``CHAPTER 319.--NATIONAL INSTITUTE OF CORRECTIONS
[``Sec. 4351. (a) There is hereby established within the
Bureau of Prisons a National Institute of Corrections.
[``(b) The overall policy and operations of the National
Institute of Corrections shall be under the supervision of an
Advisory Board. The Board shall consist of sixteen members. The
following six individuals shall serve as members of the
Commission ex officio: the Director of the Federal Bureau of
Prisons or his designee, the Administrator of the Law
Enforcement Assistance Administration or his designee, Chairman
of the United States Parole Board or his designee, the Director
of the Federal Judicial Center or his designee, the Deputy
Assistant Administrator for the National Institute for Juvenile
Justice and Delinquency Prevention or his designee, and the
Assistant Secretary for Human Development of the Department of
Health, Education, and Welfare or his designee.
[``(c) The remaining ten members of the Board shall be
selected as follows:
[``(1) Five shall be appointed initially by the Attorney
General of the United States for staggered terms; one member
shall serve for one year, one member for two years, and three
members for three years. Upon the expiration of each member's
term, the Attorney General shall appoint successors who will
each serve for a term of three years. Each member selected
shall be qualified as a practitioner (Federal, State, or local)
in the field of corrections, probation, or parole.
[``(2) Five shall be appointed initially by the Attorney
General of the United States for staggered terms, one member
shall serve for one year, three members for two years, and one
member for three years.'' Upon the expiration of each member's
term the Attorney General shall appoint successors who will
each serve for a term of three years. Each member selected
shall be from the private sector, such as business, labor, and
education, having demonstrated an active interest in
corrections, probation, or parole.
[``(d) The members of the Board shall not, by reason of such
membership, be deemed officers or employees of the United
States. Members of the Commission who are full-time officers or
employees of the United States shall serve without additional
compensation, but shall be reimbursed for travel, subsistence,
and other necessary expenses incurred in the performance of the
duties vested in the Board. Other members of the Board shall,
while attending meetings of the Board or while engaged in
duties related to such meetings or in other activities of the
Commission pursuant to this title, be entitled to receive
compensation at the rate not to exceed the daily equivalent of
the rate authorized for GS-18 by section 5332 of title 5,
United States Code, including traveltime, and while away from
their homes or regular places of business may be allowed travel
expenses, including per diem in lieu of subsistence equal to
that authorized by section 5703 of title 5, United States Code,
for persons in the Government service employed intermittently.
[``(e) The Board shall elect a chairman from among its
members who shall serve for a term of one year. The members of
the Board shall also elect one or more members as a vice-
chairman.
[part c--conforming amendments
[Sec. 541. (a) The section titled ``Declaration and Purpose''
in title I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended (82 Stat. 197; 84 Stat. 1881; 87 Stat. 197),
is amended by inserting immediately after the second paragraph
thereof the following new paragraph:
[``Congress finds further that the high incidence of
delinquency in the United States today results in enormous
annual cost and immeasurable loss in human life, personal
security, and wasted human resources, and that juvenile
delinquency constitutes a growing threat to the national
welfare requiring immediate and comprehensive action by the
Federal Government to reduce and prevent delinquency.''.
[(b) Such section is further amended by adding at the end
thereof the following new paragraph:
[``It is therefore the further declared policy of Congress to
provide the necessary resources, leadership, and coordination
to (1) develop and implement effective methods of preventing
and reducing juvenile delinquency; (2) to develop and conduct
effective programs to prevent delinquency, to divert juveniles
from the traditional juvenile justice system and to provide
critically needed alternatives to institutionalization; (3) to
improve the quality of juvenile justice in the United States;
and (4) to increase the capacity of State and local governments
and public and private agencies to conduct effective juvenile
justice and delinquency prevention and rehabilitation programs
and to provide research, evaluation, and training services in
the field of juvenile justice and delinquency prevention.''.
[Sec. 542. The third sentence of section 203(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 as
amended (82 Stat. 197; 84 Stat. 1881; 87 Stat. 197), is amended
to read as follows: ``The State planning agency and any
regional planning units within the State shall, within their
respective jurisdictions, be representative of the law
enforcement and criminal justice agencies including agencies
directly related to the prevention and control of juvenile
delinquency, units of general local government, and public
agencies maintaining programs to reduce and control crime, and
shall include representatives of citizens, professional, and
community organizations including organizations directly
related to delinquency prevention.''.
[Sec. 543. Section 303(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by adding after
the first sentence the following: ``In order to receive formula
grants under the Juvenile Justice and Delinquency Prevention
Act of 1974 a State shall submit a plan for carrying out the
purposes of that Act in accordance with this section and
section 223 of that Act.''.
[Sec. 544. Section 520 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by (1)
inserting ``(a)'' after ``Sec. 520.'' and (2) by inserting at
the end thereof the following:
[``(b) In addition to the funds appropriated under section
261(a) of the Juvenile Justice and Delinquency Prevention Act
of 1974, the Administration shall expend from other Law
Enforcement Assistance Administration appropriations, other
than the appropriations for administration, at least the same
level of financial assistance for juvenile delinquency programs
as was expended by the Administration during fiscal year
1972.''.
[Sec. 545. Part F of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding at the end
thereof the following new sections:
[``Sec. 526. The Administrator is authorized to accept and
employ, in carrying out the provisions of this Act, voluntary
and uncompensated services notwithstanding the provisions of
section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).
[``Sec. 527. All programs concerned with juvenile delinquency
and administered by the Administration shall be administered or
subject to the policy direction of the office established by
section 201(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974.
[``Sec. 528. (a) The Administrator is authorized to select,
employ, and fix the compensation of such officers and
employees, including attorneys, as are necessary to perform the
functions vested in him and to prescribe their functions.
[``(b) Notwithstanding the provisions of section 5108 of
title 5, United States Code, and without prejudice with respect
to the number of positions otherwise placed in the
Administration under such section 5108, the Administrator may
place three positions in GS-16, GS-17, and GS-18 under section
5332 of such title 5.'']
----------
MISSING CHILDREN'S ASSISTANCE ACT
TITLE IV--MISSING CHILDREN
short title
Sec. 401. This title may be cited as the ``Missing
Children's Assistance Act''.
* * * * * * *
definitions
Sec. 403. For the purpose of this title--
(1) * * *
(2) the term ``Administrator'' means the
Administrator of the Office of Juvenile [Justice and
Delinquency Prevention] Crime Control and Delinquency
Prevention.
duties and functions of the administrator
Sec. 404. (a) The Administrator shall--
(1) * * *
* * * * * * *
(5) not later than 180 days after the end of each
fiscal year, submit a report to the President, Speaker
of the House of Representatives, and the President pro
tempore of the Senate--
(A) * * *
* * * * * * *
(E) describing in detail the number and types
of telephone calls received in the preceding
fiscal year over the national toll-free
telephone line established under subsection
(b)(1)(A) and the number and types of
communications referred to the national
communications system established under section
[313] 331;
* * * * * * *
(b) The Administrator, either by making grants to or
entering into contracts with public agencies or nonprofit
private agencies, shall--
(1)(A) * * *
(B) coordinating the operation of such telephone line
with the operation of the national communications
system established under section [313] 331;
* * * * * * *
authorization of appropriations
Sec. 408. To carry out the provisions of this title, there
are authorized to be appropriated such sums as may be necessary
for fiscal years [1993, 1994, 1995, and 1996] 1997, 1998, 1999,
and 2000.
[special study and report
[Sec. 409. (a) Not later than 1 year after the date of the
enactment of the Juvenile Justice and Delinquency Prevention
Amendments of 1988, the Administrator shall begin to conduct a
study to determine the obstacles that prevent or impede
individuals who have legal custody of children from recovering
such children from parents who have removed such children from
such individuals in violation of law.
[(b) Not later than 3 years after the date of the enactment
of the Juvenile Justice and Delinquency Prevention Amendments
of 1988, the Secretary shall submit a report to the chairman of
the Committee on Education and Labor of the House of
Representatives and the chairman of the Committee on the
Judiciary of the Senate containing a description, and a summary
of the results, of the study conducted under subsection (a).]
----------
INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS ACT
TITLE V--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Incentive Grants for Local
Delinquency Prevention Programs Act''.
* * * * * * *
[SEC. 503. DEFINITION.
[In this title, the term ``State advisory group'' means the
advisory group appointed by the chief executive officer of a
State under a plan described in section 223(a).]
SEC. [504.] 503. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.
The Administrator shall--
(1) issue such rules as are necessary or appropriate
to carry out this title;
(2) make such arrangements as are necessary and
appropriate to facilitate coordination and policy
development among all activities funded through the
Department of Justice relating to delinquency
prevention [(including the preparation of an annual
comprehensive plan for facilitating such coordination
and policy development)];
(3) provide adequate staff and resources necessary to
properly carry out this title; and
(4) not later than 180 days after the end of each
fiscal year, submit a report to the Chairman of the
Committee on [Education and Labor] Economic and
Educational Opportunities of the House of
Representatives and the Chairman of the Committee on
the Judiciary of the Senate--
(A) describing activities and accomplishments
of grant activities funded under this title;
(B) describing procedures followed to
disseminate grant activity products and
research findings;
(C) describing activities conducted to
develop policy and to coordinate Federal agency
and interagency efforts related to delinquency
prevention; and
(D) identifying successful approaches and
making recommendations for future activities to
be conducted under this title.
SEC. [505.] 504. GRANTS FOR PREVENTION PROGRAMS.
(a) Purposes.--The Administrator may make grants to a State,
to be transmitted [through the State advisory group to] to
assist units of general local government that meet the
requirements of subsection (b), for delinquency prevention
programs and activities for youth who have had contact with the
juvenile justice system or who are likely to have contact with
the juvenile justice system, including the provision to
children, youth, and families of--
[(1) recreation services;]
(1) the teaching that people are and should be held
accountable for their actions;
(2) tutoring and remedial education;
(3) assistance in the development of work awareness
skills;
(4) child and adolescent health and mental health
services;
(5) alcohol and substance abuse prevention services;
and
[(6) leadership development activities; and
[(7) the teaching that people are and should be held
accountable for their actions.]
(6) recreation services.
(b) Eligibility.--The requirements of this subsection are met
with respect to a unit of general local government if--
[(1) the unit is in compliance with the requirements
of part B of title II;
[(2) the unit has submitted to the State advisory
group a 3-year plan outlining the unit's local front
end plans for investment for delinquency prevention and
early intervention activities;
[(3) the unit has included in its application to the
Administrator for formula grant funds a summary of the
3-year plan described in paragraph (2);
[(4) pursuant to its 3-year plan, the unit has
appointed a local policy board of no fewer than 15 and
no more than 21 members with balanced representation of
public agencies and private, nonprofit organizations
serving children, youth, and families and business and
industry;]
(1) the unit has submitted to the State the unit's
plan outlining delinquency prevention and early
intervention activities;
[(5)] (2) the unit has, in order to aid in the
prevention of delinquency, included in its application
a plan for the coordination of services to at-risk
youth and their families, including such programs as
nutrition, energy assistance, and housing;
[(6)] (3) the local policy board is empowered to make
all recommendations for distribution of funds and
evaluation of activities funded under this title; and
[(7)] (4) the unit or State has agreed to provide a
50 percent match of the amount of the grant, including
the value of in-kind contributions, to fund the
activity.
(c) Priority.--In considering grant applications under this
section, the [Administrator] State shall give priority to
applicants that demonstrate ability in--
(1) plans for service and agency coordination and
collaboration including the colocation of services;
(2) innovative ways to involve the private nonprofit
and business sector in delinquency prevention
activities; [and]
[(3) developing or enhancing a statewide subsidy
program to local governments that is dedicated to early
intervention and delinquency prevention.]
(3) providing services that prevent juvenile
involvement in delinquent activities; and
(4) securing private sector support and that have
private sector support.
[SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
To carry out this title, there are authorized to be
appropriated $30,000,000 for fiscal year 1993 and such sums as
are necessary for fiscal years 1994, 1995, and 1996.]
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title $20,000,000 for fiscal year 1997 and such sums as may be
appropriate for fiscal years 1998, 1999, and 2000.
----------
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
[SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF
RUNAWAY, HOMELESS, AND STREET YOUTH.
[Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711
et seq.) is amended--
[(1) by redesignating sections 316 and 317 as
sections 317 and 318, respectively; and
[(2) by inserting after section 315 the following new
section:
[``grants for prevention of sexual abuse and exploitation
[``Sec. 316. (a) In General.--The Secretary shall make grants
under this section to private, nonprofit agencies for street-
based outreach and education, including treatment, counseling,
provision of information, and referral for runaway, homeless,
and street youth who have been subjected to or are at risk of
being subjected to sexual abuse.
[``(b) Priority.--In selecting among applicants for grants
under subsection (a), the Secretary shall give priority to
agencies that have experience in providing services to runaway,
homeless, and street youth.
[``(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
[``(1) $7,000,000 for fiscal year 1996;
[``(2) $8,000,000 for fiscal year 1997; and
[``(3) $15,000,000 for fiscal year 1998.
[``(d) Definitions.--For the purposes of this section--
[``(1) the term `street-based outreach and education'
includes education and prevention efforts directed at
offenses committed by offenders who are not known to
the victim as well as offenders who are known to the
victim; and
[``(2) the term `street youth' means a juvenile who
spends a significant amount of time on the street or in
other areas of exposure to encounters that may lead to
sexual abuse.''.]
SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF
RUNAWAY, HOMELESS, AND STREET YOUTH.
(a) Authority for Program.--The Runaway and Homeless Youth
Act (42 U.S.C. 5701 et seq.) is amended--
(1) by striking the heading for part F,
(2) by redesignating part E as part F, and
(3) by inserting after part D the following:
``Part E--Sexual Abuse Prevention Program
``authority to make grants
``Sec. 351. (a) The Secretary may make grants to nonprofit
private agencies for the purpose of providing street-based
services to runaway and homeless, and street youth, who have
been subjected to, or are at risk of being subjected to, sexual
abuse.
``(b) In selecting applicants to receive grants under
subsection (a), the Secretary shall give priority to nonprofit
private agencies that have experience in providing services to
runaway and homeless, and street youth.'',
(b) Authorization of Appropriations.--Section 389 of the
Runaway and Homeless Youth Act (42 U.S.C. 5751), as amended by
section 212 of the Juvenile Crime Control and Delinquency
Prevention Act of 1996, is amended by adding at the end the
following:
``(d) There are authorized to be appropriated to carry out
part E such sums as may be necessary for fiscal years 1997,
1998, 1999, and 2000.''.
* * * * * * *
MINORITY VIEWS
introduction
In 1974, Congress created the Juvenile Justice and
Delinquency Prevention Act (hereafter referred to as ``the
Act'') to provide a comprehensive system of delinquency
prevention and rehabilitation services to potential and actual
juvenile offenders, with the parallel goal of protecting public
safety. In the more than 20 years since its enactment, the Act
has evolved to include 4 core mandates designed to support the
Act's goal of furthering integrity in the juvenile justice
system and delinquency prevention. These requirements are the
following: (1) the deinstitutionalization of status offenders;
\1\ (2) sight and sound separation of juvenile and adult
offenders; (3) removal of juveniles from adult jails and
lockups; and (4) efforts to address the disproportionate
confinement of minority youth in secure facilities.
---------------------------------------------------------------------------
\1\ Status offenders are juveniles who have committed offenses,
such as truancy and running away, which would not be a crime if
committed by an adult.
---------------------------------------------------------------------------
The Republican Majority has crafted a juvenile justice
reauthorization bill (H.R. 3876) that eliminates and severely
weakens many of the most effective provisions of the current
Act, particularly these mandates. H.R. 3876 renders mandates
(1), (3), and (4) virtually ineffective. The impact of changes
to these mandates (discussed later in greater detail) will
almost certainly result in a sharp increase in the number of
juveniles being detained with criminal offenders, an increase
in the number of juveniles being placed in adult jails, and
weakened State analysis of disproportionate minority
confinement in the juvenile justice system. The proposed change
to the second mandate (sight and sound separation) would
increase contact between juvenile and adult offenders, an
alarming prospect.
It is ironic that the Republican Majority would designate
its bill ``the Juvenile Crime Control and Delinquency
Prevention Act of 1996.'' As to the goal of prevention, the
bill unjustly proposes to cut Title V funds (incentive grants
for local delinquency prevention programs) by $10 million, one-
third of its funding level. Moreover, H.R. 3876 contains
numerous proposals that have already proven ineffective in
reducing juvenile crime. For instance, the bill encourages
States to prosecute children as adults. And yet, study after
study shows that such an approach is not likely to reduce
juvenile crime. Children tried as adults have a higher
recidivism rate than children tried as juveniles. Furthermore,
the court process that precedes the sentencing phase in adult
court takes longer than its corollary in juvenile court,
despite unambiguous and convincing findings that the swiftness
by which a sanction is carried out is crucial to meaningful
juvenile behavior modification.
We again must express our dismay with the legislative modus
operandi employed by the Republican Majority to circumvent full
consideration of amendments to less than perfect legislation.
Tucked within H.R. 3876 is an irrelevant, anti-labor provision
that would repeal vital labor protections for workers employed
in juvenile detention facilities. Our colleague Representative
Rob Andrews (D-NJ) offered a straightforward amendment to
retain those protections; no case have ever been made for
eliminating those protections. But rather than permit each of
us the right to express our opinion on the Andrews amendment,
the Committee's Republican leadership cut off debate, and
exercised procedural heavy-handedness that prevented
consideration of dozens of remaining Democratic and Republican
amendments. Had the Committee process proceeded fairly and
deliberately, maybe H.R. 3876 could have been improved in such
a manner as to facilitate effective reduction of juvenile
crime.
the act's core mandates should be maintained
Jail removal mandate
In 1980, Congress amended the Act to require the removal of
juveniles from adult jails and lockups. This change was driven
by the adverse impact of housing juvenile offenders with adult
criminals, including high suicide rates, physical, mental, and
sexual assaults, and exposure of children to serious adult
offenders and mental patients. We oppose the Majority's
decision to retreat to these dangerous conditions by allowing
States to house juveniles of any age, charged or convicted of
violent crimes as adults, with adult criminals on a permanent
basis. We also object to the fact that the bill would further
allow juveniles to be temporarily housed with adults for up to
48 hours (excluding weekends and holidays).
Juveniles placed in adult prisons today are in greater
danger than they were 20 years ago. Research demonstrates that
children in adult institutions are 5 times more likely to be
sexually assaulted than juveniles confined in juvenile
facilities. Sexual assault becomes life-threatening in light of
the tragic fact that many adult prisoners are HIV-infected. The
Journal of the American Medical Association reports that the
incidence of AIDS among incarcerated adults is 6 times that of
the general population. Children in adult institutions are
twice as likely to be beaten by staff and 50 percent more
likely to be attacked with a weapon than juveniles confined in
juvenile facilities.\2\
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\2\ In a recent tragedy on April 25, 1996, 6 adult prisoners
murdered a seventeen years old boy while he was incarcerated in the
juvenile cellblock of an adult in Ohio.
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In addition to its harmful, indeed life-threatening,
effects on children, the unsound policy of sending youngsters
into adult prisons does nothing to reduce crime. The most
recent studies demonstrate that putting young offender in adult
prisons actually leads to more crime, higher prison costs, and
increased violence. Juveniles housed with adult offenders often
begin to identify themselves as ``criminals''. A recent
University of Florida study found that juveniles in adult
prisons were more likely to commit serious crimes after their
release than juveniles sent to juvenile facilities for the
commission of similar offenses. Furthermore, juveniles
prosecuted as adults and incarcerated in adult prisons tend to
run afoul of the law again and again, committing even more
serious new offenses.\3\ Sadly, these findings do not surprise
us. Crime reduction and juvenile delinquency protection cannot
be well served by policies that send teenagers to adult
facilities where they are exposed to sophisticated, dangerous
adult criminals.
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\3\ Bishop, Frazier, Lanza-Kaduce, and Winner, ``The Transfer of
Juveniles to Criminal Court: Does It Make a Difference?'' 42 Crime and
Delinquency 171 (1996).
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It is illogical to attempt to reduce juvenile crime without
acknowledging the root causes and aggravating factors that lie
at the heart of this issue. Recent research shows that most
juvenile delinquents begin their troubled paths as severely at-
risk children, and juveniles who commit the worst crimes have
usually suffered a lifetime of abuse and neglect. A study by
the National Institute of Justice found that a child who
suffers from abuse and neglect is 40 percent more likely to
become delinquent. Moreover, numerous studies find that more
juvenile offenders come from families plagued by violence,
chaos, and high rates of drug and alcohol abuse. A 1996 study
by the Rand Corporation concluded that early-childhood
interventions and graduation incentives are more socially
effective and cost effective at reducing crime than so called
``get tough'' policies. More specifically, the Rand report
found that a $1 million investment in a program offering
educational incentives to at-risk youths (including tutoring
and modest financial awards), could avert more than 250 crimes.
Similarly, the researchers found that spending the same amount
on early intervention, such as preparing parents to better care
for their children, could avert more than 150 crimes, as
compared to ``3 Strikes'' laws, which only avert 61 crimes.
The Republican Majority cannot reasonably believe that
children confined with habitual criminals will become law
abiding citizens once released. The lack of rehabilitative
services for juveniles in adult prisons (including education,
and vocational and mental health services) exacerbates the
inability of young offenders to become law-abiding adults after
leaving prison. We are deeply troubled with the overwhelming
emphasis of the Republicans on punishing and confining
juveniles, rather than on trying to prevent juvenile
delinquency in the first place.
Dangerous juvenile offenders deserve confinement; citizens
and communities must be protected. But, granting State's
greater authority to house children with adult criminals is not
a viable or logical means to that end.
Disproportionate minority confinement (DMC)
Research has consistently shown that minority adolescents
are overrepresented at all stages (i.e., arrest, adjudication,
sentencing, secure detention, and secure incarceration) on the
juvenile justice spectrum. In the 1970's and 1980's statistics
showed that a minority youth is more likely to receive formal
sanctions, to be sentenced to secure confinement, and to be
transferred to criminal court, than a white youth. This
disparity exists independent of the type of offense, the
youth's previous arrest record, or his or her family structure.
In 1991, the Office of Juvenile Justice and Delinquency
Prevention (OJJDP) examined ``the role which minority status
may play in the processing of youth through the juvenile
justice system.'' The OJJDP acknowledged the existence of
racial disparity within the juvenile justice system and
concluded that the disproportional treatment of minorities
often ``accumulate[s] and become[s] more pronounced as minority
youth are processed further into the juvenile system.'' In
1992, Congress sought to focus national attention on the
reemergence of racism within the juvenile justice system and
amended the Act to include the disproportionate minority
confinement (DMC) mandate. The DMC mandate simply requires the
States to conduct studies to determine if, in fact, the number
of minority youth in secure confinement is disproportionate to
their representation in the general population. If a State
reaches that determination, it must address the causes of the
overrepresentation. As of 1994, 55 States and territories
completed such data collection. All but 9 states had identified
a DMC problem and initiated intervention planning.
While no State has ever lost funding because of
noncompliance with the DMC mandate, the Republican Majority now
effectively wants to repeal it. Under H.R. 3876, States would
measure disproportionate minority confinement relative to the
``total population of juveniles who are brought into the
juvenile justice system.'' This comparison begs a most
fundamental question: Is there not bias even at the ``entry
point'' when the initial decision to arrest occurs? Indeed,
studies have shown that at that ``entry point,'' minority youth
are arrested at a higher rate than white youth. The modified
DMC comparison proposed in H.R. 3876 is flawed and undermines
useful analysis of racial bias in the juvenile justice system.
The Republican Majority further denigrates the DMC mandate
by injecting ``relevant factors'' into the equation without any
qualitative identification of what factors may indeed be
relevant. Instead, they have developed an arbitrary list of
factors that will once again conceal, rather than identify, the
role of race in the juvenile justice system. The cost to the
States in conducting studies that take account of these
arbitrary factors will discourage the States from conducting
studies at all.
We recognize that the Republican Majority is hell-bent on
attacking any ``quota,'' no matter how tenuous the
characterization. Thus, even a provision as sensible as the DMC
mandate has become an affirmative action ``boogeyman'' to the
Republicans. The existing DMC mandate gives rise to no
legitimate concern about quotas. It merely seeks to facilitate
equal and fair justice for all juveniles.
The DMC mandate has resulted in many positive programming
changes, including cultural competency training for juvenile
justice professionals, individualized home-based-care, mentors,
therapeutic foster care, community-based family oriented
services, job training, increased accessibility to treatment
services, and much more. Most importantly, the DMC mandate has
raised the consciousness of legislators, policymakers,
educators, law enforcement, and juvenile justice professionals
to recognize the role of race and has enabled them to take
positive steps to address racism in the juvenile justice
system.
We oppose the Republican Majority's effort to dilute the
DMC mandate to virtual uselessness.
Deinstitutionalization of status offenders
Before the enactment of the deinstitutionalization of
status offenders mandate (DSO), the confinement of children who
had committed offenses that would not be a crime if committed
by an adult (e.g., truancy, running away, incorrigibility) was
a national disgrace. The DSO mandate provides that juveniles
who commit status offenses must not be held in secure detention
or confinement. Over the past 20 years, States have moved
dramatically from a punishment-oriented, institution-dominated
approach to a treatment-oriented, community-based approach.
From 1974 to 1993, the number of status offenders held in
delinquency institutions dropped from roughly 172,000 to 3,200.
Without merit, H.R. 3876 would allow States to hold
juvenile status offenders in secure confinement for purposes of
reuniting such status offenders with their parents or legal
guardians. This misguided movement back to an institution-based
approach is inconsistent with studies showing that nearly all
runaways leave home for understandable reasons such as flight
from physical and sexual abuse, and neglect. These studies
conclude that in many cases, the youth is better off with as
little contact as possible with family members; in other cases,
a family must receive counseling and other social services
before their child may be returned home safely. Therefore, we
are appalled that the Republican Majority would suggest further
punishing an already abused youth by first confining that youth
indefinitely, and then reuniting that youth with a troubled
family.
Detention would expose these vulnerable children to more
serious offenders and unnecessarily bring them deeper into the
juvenile justice system. Status offenders need supervision and
services, not detention. A major justification for the DSO
mandate is to ensure that status offenders do not suffer the
brunt of the juvenile justice system, particularly its sanction
of secure confinement. The proposed modification to that
mandate undermines the safety of children.
h.r. 3976 would hamper the effectiveness of the ojjdp
The Majority's legislation further vitiates the Act by
prohibiting the Office of Juvenile Justice & Delinquency
Prevention (OJJDP) from issuing regulations regarding the core
mandates. Additionally, H.R. 3876 prohibits OJJDP from
monitoring or evaluating compliance with the mandates if a
State simply has laws on its books that mirror the mandates.
We object to the elimination of OJJDP's ability to regulate
and to monitor compliance with the mandates. Relaxing OJJDP's
monitoring authority is particularly dangerous in light of
Majority's effort to weaken the core mandates. Weakened
mandates necessitate strong OJJDP monitoring so that States do
not simply ignore the mandates altogether. OJJDP's authority to
hold State's accountable for compliance with the mandates has
led to nearly a 95% reduction of violations, although thousands
of children are still detained improperly each year, and
compliance with the DMC remains a challenge for 46 States.
The combination of weakened mandates and relaxed
accountability will turn back the clock on 20 years of juvenile
justice progress. States left to their own devices do not work
to protect children in the way the juvenile justice system was
designed.\4\
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\4\ In 1974, there were 85,000 juveniles detained or confined in
institutions with adult prisoners, compared to less than 9,000 today.
Prior to the deinstitutionalization of status offenders mandate in
1974, there were more than 170,000 status offenders in secure
facilities, in 1993, the number was down to 3,200. Similarly, prior to
the jail removal mandate in 1980, there were 160,000 juveniles serving
time in adult prisons, today there are 7,000.)
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h.r. 3876 directly attacks employee rights
Currently, State juvenile justice and youth services
workers are provided basic labor protections under the Act.
Specifically, the Act provides that employees shall be treated
in a fair and equitable manner and that there shall be no
diminution of employment rights, including the continuation of
collective bargaining rights. The longstanding protection does
not grant any new rights or benefits to workers, but merely
provides that taxpayer funds will not be used to undermine
existing labor standards
Without a shred of credible justification, H.R. 3876
arbitrarily eliminates these protections. Our colleague
Representative Robert Andrews (D-NJ) offered an amendment to
retain this existing protection for men and women who perform
very difficult and often emotional work with our nation's most
troubled children. During consideration of the Andrews
amendment, Republican Committee Members expressed deep
confusion and dissatisfaction with these existing protections.
In fact, one of our Republican colleagues remarked that the
Act's labor protections must have been ``put in as someone's
unusual idea 20 years ago.'' Repeatedly, we asked our
Republican colleagues to cite any complaint that has been
brought to their attention by a State or local official
regarding the purported onerousness of these protections. Not
one example was offered. We also note that at no time during
the four recent hearings concerning the Act's reauthorization
was any testimony provided concerning these provisions.
We can only conclude that the Majority's motivation for
trying to strike labor protections for workers in juvenile
justice facilities arises from the harsh anti-labor animus that
has been a defining characteristic of the Republican-led 104th
Congress. It is terribly disappointing to us that consideration
of the Andrews amendment resulted in a total breakdown of
normal legislative procedures for markup of this legislation.
The anti-labor provision in H.R. 3876 was misguided and
misplaced. The Committee should have been permitted to consider
amendments that both Democrats and Republicans wanted to offer
to perfect H.R. 3876. We were denied that opportunity, indeed
that right, because the abrupt conclusion of the markup was
driven by apparent anger at our attempt to keep a wholly
irrelevant anti-labor provision out of this bill.
William L. Clay.
Dale E. Kildee.
Matthew G. Martinez.
Tom Sawyer.
Patsy T. Mink.
Jack Reed.
Xavier Becerra.
Gene Green.
Carlos Romero-Barcelo.
Earl Blumenauer.
George Miller.
Pat Williams.
Major R. Owens.
Donald M. Payne.
Robert E. Andrews.
Bobby Scott.
Lynn Woolsey.
Chaka Fattah.
ADDITIONAL VIEWS OF REPRESENTATIVE TIM ROEMER
On August 2, 1996, the Economic and Educational
Opportunities Committee reported the Juvenile Crime and
Delinquency Prevention Act (H.R. 3876) by a vote of 23-2. This
important piece of legislation, which would amend and
reauthorize current juvenile justice programs, is scheduled to
expire on September 30, 1996.
This critical legislation will directly impact State and
local efforts to combat the growing problem of juvenile crime.
Although H.R. 3876 had some serious flaws, such as the repeal
of basic labor protections for workers in juvenile detention
facilities, it clearly had the potential of being a bipartisan
effort to design a comprehensive system to reduce and prevent
criminal offenses by youth. Many Members on the Economic and
Educational Opportunities worked very hard to draft amendments
to improve the legislation. However, due to the Majority's
decision to circumvent the democratic legislative process and
prevent Democrats from offering their amendments, it turned out
to be a partisan vote.
The process used by the Majority on Committee to prevent
consideration of the Democratic and Republican amendments was
an outright assault of the integrity of the legislative
process. More importantly, however, it is our nation's young
people who will suffer from the procedural tactics by the
majority. Blocking the thoughtful deliberation of legislation
to present and reduce juvenile crime was not only unfair to the
Democratic Members of the Committee, but also represents a
grave injustice for American families, schools, and
communities.
Tim Roemer.