[Senate Report 111-280]
[From the U.S. Government Publishing Office]
Calendar No. 243
111th Congress Report
SENATE
2d Session 111-280
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JUVENILE JUSTICE AND DELINQUENCY PREVENTION REAUTHORIZATION ACT OF 2009
_______
August 5, 2010.--Ordered to be printed
_______
Mr. Leahy, from the Committee on the Judiciary, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany S. 678]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to which was referred the
bill (S. 678), to reauthorize and improve the Juvenile Justice
and Delinquency Prevention Act of 1974, and for other purposes,
having considered the same, reports favorably thereon, with an
amendment, and recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Background and Purpose of the Juvenile Justice and Delinquency
Prevention Reauthorization Act of 2009...........................2
II. History of the Bill and Committee Consideration..................7
III. Section-by-Section Summary of the Bill...........................9
IV. Congressional Budget Office Cost Estimate.......................15
V. Regulatory Impact Evaluation....................................17
VI. Conclusion......................................................17
VII. Minority Views..................................................18
VIII.Changes to Existing Law Made by the Bill, as Reported...........27
I. Background and Purpose of the Juvenile Justice and Delinquency
Reauthorization Act of 2009
A. BACKGROUND AND NEED FOR THE LEGISLATION
The Juvenile Justice and Delinquency Prevention
Reauthorization Act (JJDPA or ``the Act'') sets out Federal
policy and standards and authorizes key Federal resources for
States to improve their juvenile justice systems and for
communities to develop programs to prevent juveniles from
entering the juvenile justice system in the first place. For
this reauthorization, the Committee has reexamined Federal
juvenile justice policy in light of new studies and evidence
that have emerged since the last reauthorization in 2002. In
setting new Federal standards and refining existing ones, the
Committee has also been guided by changes that States have been
making to their own juvenile justice systems. As one
commentator noted on the critical issue of whether to place
juveniles in adult jails:
States are rethinking and, in some cases, retooling
juvenile sentencing laws. They're responding to new
research on the adolescent brain, and studies that
indicate teens sent to adult court end up worse off
than those who are not: They get in trouble more often,
they do it faster and the offenses are more serious.\1\
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\1\Sharon Cohen, ``Prosecuting Kids as Adults: Some States Ponder
Changes,'' Associated Press, Dec. 1, 2007.
Building on the States' juvenile justice experiences, this
bill makes several changes to the Act that reinforce what has
been working in State juvenile justice systems, and changes
what has not been working. It seeks to ensure that communities
and State juvenile justice systems have the resources they need
to prevent juvenile crime, to deal effectively with juvenile
offenders in the system, and to ensure their successful
reintegration into their communities. One principal goal of
this reauthorization is to foster a return to the strong
support for State and local law enforcement that Congress
showed in the 1990s, as demonstrated by the Community Oriented
Policing Services (COPS) Program and other key grant programs
that contributed to historic declines in violent crime.
Declining funding for these programs in recent years has
contributed to a reversal of that trend and to recent increases
in crime rates. Though rates of juvenile crime have continued
to decrease, effective prevention programs have faced
significant cuts in Federal support, creating a dangerous
vacuum. This bill aims to reverse this trend and to help our
communities implement programs proven to help juveniles turn
their lives around.
A careful examination of how to keep juveniles from
entering or reentering the criminal justice system not only
makes our communities safer by reducing the number of juveniles
who go on to lives of crime as adults, but it also ensures that
juveniles will lead safer and more fulfilling lives. For
example, a recent study by the Centers for Disease Control and
Prevention, led by an independent Task Force on Community
Preventive Services, determined that children who are
prosecuted as adults commit more crimes, and more serious
crimes, when they are released than children with similar
histories who are kept in the juvenile justice system.\2\
Additionally, in August 2008, the Office of Juvenile Justice
and Delinquency Prevention (OJJDP) at the U.S. Department of
Justice released a bulletin on the transfer of youth to adult
court.\3\ The OJJDP Bulletin found that laws making it easier
to transfer youth to the adult criminal court system do not
prevent youth from engaging in future criminal behavior and
that youth transferred to the adult system are more likely to
be rearrested and to reoffend than youth who committed similar
crimes, but were retained in the juvenile justice system. After
years of pressure to try more and more children as adults and
to send them to adult jails and prisons, the Committee has
considered carefully with this reauthorization whether that
policy is working in the face of strong evidence to the
contrary, and the fact that many States are moving toward
reducing the number of youth tried as adults. This
reauthorization takes steps to ensure that juveniles in States
participating in JJDPA programs are not held pretrial in adult
jails and lock-ups unless a judge finds, after carefully
weighing all relevant factors, that it is in the interest of
justice to incarcerate the youth in an adult facility. It makes
these and other changes with appropriate respect for and
deference to the varied policy choices, needs, and fiscal
realities of the States.
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\2\Robert Hahn, Ph.D., et al., ``Effects on Violence of Laws
Facilitating the Transfer of Youth from the Juvenile to the Adult
Justice System: A Report on the Recommendations of Task Force on
Community Preventive Services,'' Centers for Disease Control and
Prevention, Morbidity and Mortality Weekly Report (November 30, 2007),
available at http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5609a1.htm.
\3\Richard E. Redding, ``Juvenile Transfer Laws: An Effective
Deterrent to Delinquency?'', Office of Juvenile Justice and Delinquency
Prevention Office of Justice Programs Juvenile Justice Bulletin, Aug.
2008.
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The Committee understands the importance of holding
criminals accountable for their crimes. It also recognizes the
importance of boosting support for State and local law
enforcement and of balancing strong law enforcement with
prevention programs aimed at keeping juveniles out of the
criminal justice system. This reauthorization recognizes that
some problems persist throughout the Nation's juvenile justice
systems, including disturbing episodes of mistreatment of
children and the continuing disproportionate representation of
youth of color in the juvenile justice system. It takes strong
steps to address these concerns, and to encourage both the
Office of Juvenile Justice and Delinquency Programs (OJJDP) at
the Department of Justice and the States that receive Federal
funds under the Act to search for ways to solve these troubling
patterns and disparities and continue to build upon past
successes.
B. SIGNIFICANT CHANGES IN THIS REAUTHORIZATION
This bipartisan bill will strengthen the JJDPA by
increasing Federal support to States for juvenile crime
reduction and for improvement of State juvenile justice
systems, and by encouraging important reforms. Among its most
significant changes from the last reauthorization are increases
in Federal funding for prevention, intervention and treatment
programs designed to reduce the incidence of juvenile crime.
These include increased funding for critical title V prevention
programs to discourage juvenile contact with the justice
system, such as after-school care and mentoring; increased
funding to assist States in achieving and maintaining
compliance with the JJDPA's goals and particularly its core
requirements; and the promotion of evidence-based and promising
practices to ensure that Federal dollars have maximum impact.
While these initiatives are not inexpensive if fully funded,
they should save money in the long term by decreasing juvenile
recidivism, reducing the number of children that enter the
juvenile justice system and the adult criminal justice system,
and increasing the number of children that become productive
members of society.\4\
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\4\See, e.g., Juvenile Detention Alternatives Initiative, Detention
Reform Brief 1: Detention Reform: A Cost-Saving Approach, Annie E.
Casey Foundation, available at http://www.aecf.org/upload/
PublicationFiles/jdai_facts1.pdf. (2007); and Cohen, Mark A. and
Piquero, Alex R., New Evidence on the Monetary Value of Saving a High
Risk Youth, Vanderbilt Law and Economics Research Paper No. 08-07,
available at SSRN: http://ssrn.com/abstract=1077214. (December 2007).
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This bill also encourages States to make critical new
improvements to their juvenile justice systems. For example,
the bill places significant new emphasis on the crucial issues
of mental health and substance abuse, including expanding the
allowable use of grant funds for mental health and substance
abuse training and treatment, encouraging States to focus more
on identifying and meeting youths' mental health and substance
abuse needs, and providing new incentive grants for these
purposes. A recent letter to the editor of the New York Times
aptly summed up the dangers of leaving children in need of
mental health care untreated: ``children with psychiatric
disorders were twice as likely to be involved in the criminal
justice system as young adults than children with no disorder .
. . [y]et less than half of children with multiple psychiatric
disorders receive any mental health services.''\5\ This bill
seeks to fill this gap by providing new directives to States,
together with new authorizations to implement these
directives.\6\
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\5\Stephen Bates Billick, (Past) Chairman of the American
Psychiatric Association Corresponding Committee on Juvenile Justice
Issues, Letter to the Editor, New York Times, Dec. 4, 2007.
\6\The bill also encourages States to provide more services to
juvenile inmates with disabilities--a problem recently highlighted in a
New York Times editorial. See ``Writing Off Disabled Children,''
Editorial, The New York Times, Aug. 9, 2008 (noting that Texas public
education deficiencies in treating students with disabilities leads to
higher numbers of disabled children in the State juvenile justice
system).
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The reauthorization encourages States to continue working
toward reducing racial and ethnic disparities in the juvenile
justice systems. Marian Wright Edelman, President of the
Children's Defense Fund, has noted that ``Black and Latino
teens end up in adult facilities in numbers disproportionately
higher than their representation in the general
population.''\7\ In 2008, approximately 70% of the youth
incarcerated in juvenile facilities and adult jails and prisons
were Black or Latino even though they make up only 30% of the
general youth population.\8\ In their landmark report, And
Justice for Some, the National Council on Crime and Delinquency
recognized that youth of color face a ``cumulative
disadvantage'' in the justice system (where the disparities
grow deeper as youth continue through the justice system).\9\
Since many data systems fail to disaggregate ethnicity from
race, data on the extent to which young people of color are
overrepresented in the juvenile justice system are generally
underreported. The bill seeks to address this troubling trend
by asking States to take concrete steps to reduce these
disparities.
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\7\Marion Wright Edelman, ``Juveniles Don't Belong in Adult
Prisons,'' Children's Defense Fund, Child Watch Column, Aug. 1, 2008.
\8\Puzzanchera, C., Sladky, A. and Kang, W. (2008). ``Easy Access
to Juvenile Populations: 1990-2007.'' Online. Available: http://
www.ojjdp.ncjrs.gov/ojstatbb/ezapop/; Sickmund, Melissa, Sladky, T.J.,
and Kang, Wei. (2008) ``Census of Juveniles in Residential Placement
Databook.'' Online. Available: http://www.ojjdp.ncjrs.gov/ojstatbb/
cjrp/; West, H., Sabol, W. (2009) ``Prison Inmates at Midyear 2008--
Statistical Tables.'' Online. Available: http://bjs.ojp.usdoj.gov/
content/pub/pdf/pim08st.pdf.
\9\And Justice for Some: Differential Treatment of Youth of Color
in the Justice System (January 2007), The National Council on Crime and
Delinquency. Retrieved from: www.nccdcrc.org/nccd/pubs/
2007janljusticelforlsome.pdf.
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The bill further encourages States to devise strategies to
eliminate the incidence of dangerous practices, unreasonable
restraints, and isolation of juveniles through the increased
use of training and best practices.\10\ A recent study by the
Bureau of Justice Statistics, entitled Sexual Victimization in
Juvenile Facilities Reported by Youth, 2008-09, found that
10.3% of youth in state juvenile facilities and large non-state
facilities reported experiencing sexual victimization by
facility staff, and another 2.6% reported sexual victimization
by another youth within the past year.\11\
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\10\In this reauthorization, the Committee defines ``restraints''
and ``dangerous practices.'' The term ``unreasonable restraints'' means
the excessive use of restraints or the use of restraints not reasonably
calculated to meet legitimate correctional needs in managing juvenile
detention facilities. Examples of ``dangerous practices'' would
include, but not be limited to: hogtying; the use of four- or five-
point restraints; choking; the use of belly belts or belly chains on
pregnant females; sexual misconduct; the use of psychotropic medication
without adherence to appropriate medical standards regarding dosage or
for purposes unrelated to medical treatment such as coercion,
punishment or convenience; and the unreasonable use of restraints on a
female who is in labor, is delivering a baby, or is in post-delivery
recuperation. The Committee does not intend to prevent correctional
officers from using reasonable physical force or, in exceptional
circumstances, chemical agents as a matter of last resort, in order to
meet legitimate correctional needs in managing juvenile detention
facilities, nor does the Committee intend to prevent correctional
officers from using other reasonable techniques that are necessary to
protect the safety of inmates, officers, or staff.
\11\Allen J. Beck, Ph.D., et al., Sexual Victimization in Juvenile
Facilities Reported by Youth, 2008-09, Bureau of Justice Statistics,
Special Report, January 2010, at 1, 3.
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This legislation also places commonsense limits on the
pretrial detention of juveniles in adult jails and lock-ups and
the detention of juveniles for status offenses. Many national
organizations, including the American Correctional Association,
the Council of Juvenile Correctional Administrators, the
American Jail Association, and the National Association of
Counties have policies against placing youth in adult jails.
Youth held in adult jails and lock-ups are at great risk of
physical and sexual abuse and 19 times more likely to commit
suicide than youth held in juvenile facilities.\12\ Indeed, the
National Prison Rape Elimination Commission recently found that
``more than any other group of incarcerated persons, youth
incarcerated with adults are probably at the highest risk for
sexual abuse'' and recommended that youth be housed separately
from adults.\13\ Adult facilities are also generally less well-
equipped to meet the educational and other specialized needs of
youth. Under this bill, juveniles charged as adults may not be
placed in a jail or lockup or have any contact with adult
inmates without a hearing. A judge must consider meaningful
factors and make detailed written findings to ensure that such
placement is ``in the interest of justice.'' This process is
intended to ensure that the particular needs of juveniles are
taken into account and that youth are not unduly exposed to the
risks of being housed with adults. Similarly, the bill ensures
that ``status offenders''--juveniles arrested for offenses that
would not be criminal if committed by adults (e.g., runaways,
truants)--are not placed in secure detention unless specific
findings are made by a judge; establishes strict time limits on
the length of detention; and calls on States to eliminate
within three years the use of valid court orders to place
status offenders in secure detention.
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\12\And Justice for Some: Differential Treatment of Youth of Color
in the Justice System (January 2007), The National Council on Crime and
Delinquency. (January, 2007).
\13\National Prison Rape Elimination Commission Report (June 2009),
at 18.
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Recent research also demonstrates that a large number of
youth involved in the juvenile justice system are in need of
mental health services. The American Journal of Psychiatry has
published a report finding that children with psychiatric
disorders were twice as likely to be involved with the criminal
justice system as those without a disorder.\14\ According to
the most recent statistics from the National Center for Mental
Health and Juvenile Justice, approximately 65 to 70 percent of
youth placed in the juvenile justice system can be diagnosed
with a mental health disorder, and one in five of these youths
have severe mental health problems.\15\ Moreover, in the most
recent report from the Federal Advisory Committee on Juvenile
Justice, 30 States identified mental health treatment for youth
in the juvenile justice system to be a major concern.\16\ The
number of children with mental health issues detained in
juvenile facilities is truly disturbing and a meaningful
response is long overdue. The bill, as amended, authorizes
important grants to support State efforts to conduct a mental
health screening for detained juveniles within 24 hours of
detention, the period when juveniles are at the highest risk of
suicide. These provisions receive the strong support of the
American Academy of Pediatrics, Human Rights Watch and the
Mental Health Liaison Group, representing more than 50
national, professional, research, voluntary, health, consumer,
family and citizen advocacy organizations concerned about
mental health and addiction disorders.
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\14\William E. Copeland, Ph.D., et al., Childhood Psychiatric
Disorders and Young Adult Crime: A Prospective, Population-Based Study,
164 American Journal of Psychiatry, 1668-75, November 2007.
\15\Kathleen R. Skowyra et al., Mental Health Screening within
Juvenile Justice: The Next Frontier, National Center for Mental Health
and Juvenile Justice (2008).
\16\Federal Advisory Committee on Juvenile Justice, ``Annual Report
2007'', Aug. 2007, at 9.
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Finally, the bill reaffirms and strengthens the Federal-
State partnership. It supports States' efforts to comply with
JJDPA core requirements by making funds withheld due to
noncompliance available to States as improvement grants meant
to enable States to become compliant. It also strengthens
research and technical assistance by the OJJDP to encourage
States to adopt best practices, encourages agencies to look for
community-based alternatives, expands training and technical
assistance to ensure that the most effective programs and
practices are implemented around the country, and increases
transparency by making State plans and OJJDP decisionmaking
publicly available.
This bipartisan bill enjoys the support of numerous law
enforcement and children's advocacy groups, including the
Children's Defense Fund, the National Juvenile Justice &
Delinquency Prevention Coalition, the National Juvenile Justice
Network, Fight Crime: Invest in Kids, the American Legion, the
National Association of Counties, the Coalition for Juvenile
Justice, and the Council of Juvenile Correctional
Administrators.
II. History of the Bill and Committee Consideration
A. INTRODUCTION OF THE BILL
Senators Leahy, Specter, Kohl, and Durbin introduced S.
678, the Juvenile Justice and Delinquency Prevention
Reauthorization Act of 2009, on March 24, 2009. The bill was
referred to the Committee on the Judiciary. Since the bill's
introduction, Senators Cardin, Collins, Franken, Snowe,
Merkley, Burris, and Landrieu have joined as cosponsors.
B. COMMITTEE CONSIDERATION
On December 5, 2007, Senator Leahy chaired a Committee
hearing on ``Reauthorization of the Juvenile Justice and
Delinquency Prevention Act: Protecting Our Children and Our
Communities.'' The witnesses were Anne Marie Ambrose, Director
of Child Welfare and Juvenile Justice Services, Pennsylvania
Department of Public Welfare; Shay Bilchik, Founder and
Director, Center for Juvenile Justice Reform, Georgetown
University Public Policy Institute; J. Robert Flores,
Administrator, Office of Juvenile Justice and Delinquency
Prevention, Office of Justice Programs, Department of Justice;
Richard Miranda, Chief of Police for the City of Tucson,
Arizona; and Deirdre Wilson Garton, Chair of the State Advisory
Group for the State of Wisconsin.
Anne Marie Ambrose emphasized in her testimony that
``devastating cuts in Federal funding over the past few years
have forced the [State Advisory Committee for Pennsylvania] to
reevaluate our work and focus even more on prevention as well
as on sustainability of the programs.''\17\ Shay Bilchik, the
former head of OJJDP, viewed ``the recent uptick in juvenile
arrests as a possible warning that we cannot safely continue to
reduce our commitment to effective programming for at-risk and
system involved juveniles if we are to sustain our progress and
provide services at a level needed to give every youth the
chance to succeed and become a productive and law-abiding
citizen.''\18\ Tucson Chief of Police Richard Miranda
emphasized the need to clarify the disproportionate minority
representation provisions of the JJDPA because the current
standards are ``vague.''\19\ He added, ``I just can't arrest
away our problems. There have to be other alternatives, there
have to be other processes to get these kids on the right
track.''\20\
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\17\Testimony of Anne Marie Ambrose, Reauthorization of the
Juvenile Justice and Delinquency Prevention Act: Protecting Our
Children and Our Communities, Before the Senate Comm. on the Judiciary,
110th Cong. (2007), available at http://judiciary.senate.gov/hearings/
testimony.cfm?id=3043&witlid=6804.
\18\Testimony of Shay Bilchik, Reauthorization of the Juvenile
Justice and Delinquency Prevention Act: Protecting Our Children and Our
Communities, Before the Senate Comm. on the Judiciary, 110th Cong.
(2007), available at http://judiciary.senate.gov/hearings/
testimony.cfm? id=3043&witlid=6802.
\19\Testimony of Richard Miranda, Reauthorization of the Juvenile
Justice and Delinquency Prevention Act: Protecting Our Children and Our
Communities, Before the Senate Comm. on the Judiciary, 110th Cong.
(2007), available at http://judiciary.senate.gov/hearings/
testimony.cfm? id=3043&witlid=6805.
\20\Transcript of Hearing at 41, Reauthorization of the Juvenile
Justice and Delinquency Prevention Act: Protecting Our Children and Our
Communities, Before the Senate Comm. on the Judiciary, 110th Cong.
(2007).
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Deirdre Wilson Garton urged the Committee to
``substantially increase the training and technical assistance
provided to States and communities that will help them embrace
evidence-based delinquency prevention programs and intervention
programs that work.''\21\ And J. Robert Flores, then the head
of OJJDP, acknowledged that ``much remains to be done to
prevent, intervene in, and treat delinquent behavior.''\22\
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\21\Testimony of Deirdre Wilson Garton, Reauthorization of the
Juvenile Justice and Delinquency Prevention Act: Protecting Our
Children and Our Communities, Before the Senate Comm. on the Judiciary,
110th Cong. (2007), available at http://judiciary.senate.gov/hearings/
testimony.cfm?id=3043&witlid=6803.
\22\Testimony of J. Robert Flores, Reauthorization of the Juvenile
Justice and Delinquency Prevention Act: Protecting Our Children and Our
Communities, Before the Senate Comm. on the Judiciary, 110th Cong.
(2007), available at http://judiciary.senate.gov/hearings/
testimony.cfm? id=3043&witlid=6801.
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On December 17, 2009, the Committee on the Judiciary
considered S. 678. Senator Leahy offered an amendment, in the
nature of a substitute, which was adopted by unanimous consent.
This amendment made a number of changes to clarify and
strengthen the bill.
Senator Feingold offered an amendment to include in the
bill the Prevention Resources for Eliminating Criminal Activity
Using Tailored Interventions in Our Neighborhoods Act of 2009
(PRECAUTION Act), which creates a commission to evaluate
evidence-based crime prevention and intervention strategies and
develop recommendations for federal priorities in crime
prevention, research and development. The amendment was
accepted by voice vote.
Senator Durbin offered an amendment to authorize
competitive funding to community-based organizations that
provide an integrated continuum of services and programs to
prevent, control, or reduce juvenile delinquency. The amendment
was accepted by voice vote.
Senator Grassley offered an amendment to require an audit
of OJJDP as well as grantees that receive funding from OJJDP.
This amendment was accepted on a roll call vote, with opposing
Senators expressing concerns that the proposed audit appeared
to duplicate oversight requirements already in the bill, to
unnecessarily tax scarce State resources, and to
inappropriately question the existence of key juvenile justice
programs. The vote record is as follows:
Tally: 10 Yeas, 9 Nays
Yeas (10): Kohl (D-WI), Whitehouse (D-RI), Klobuchar (D-
MN), Sessions (R-AL), Hatch (R-UT), Grassley (R-IA), Kyl (R-
AZ), Graham (R-SC), Cornyn (R-TX), Coburn (R-OK).
Nays (9): Feinstein (D-CA), Feingold (D-WI), Specter (D-
PA), Schumer (D-NY), Durbin (D-IL), Cardin (D-MD), Kaufman (D-
DE), Franken (D-MN), Leahy (D-VT).
Senator Sessions offered an amendment that would have made
it easier to prosecute youth under the age of 18 as adults in
Federal courts. Under current Federal transfer law, an adult
court judge determines on a case-by-case basis whether it is
``in the interest of justice'' to charge a youth in adult
court. However, this amendment would have given prosecutors--
instead of judges--the unreviewable discretion to decide
whether to prosecute youth as adults for certain Federal
crimes, including attempting or conspiring to commit these
crimes and any related crimes.
This amendment was rejected on a roll call vote, with
opposing Senators expressing concerns that judicial review is a
critical component in making a decision to prosecute youth as
adults. The vote record is as follows:
Tally: 6 Yeas, 13 Nays
Yeas (6): Schumer (D-NY), Sessions (R-AL), Kyl (R-AZ),
Graham (R-SC), Cornyn (R-TX), Coburn (R-OK).
Nays (13): Kohl (D-WI), Feinstein (D-CA), Feingold (D-WI),
Specter (D-PA), Durbin (D-IL), Cardin (D-MD), Whitehouse (D-
RI), Klobuchar (D-MN), Kaufman (D-DE), Franken (D-MN), Hatch
(R-UT), Grassley (R-IA), Leahy (D-VT).
The Committee then voted to report the Juvenile Justice and
Delinquency Prevention Reauthorization Act of 2009, as amended,
favorably to the Senate. The Committee proceeded by roll call
vote as follows:
Tally: 12 Yeas, 7 Nays
Yeas (12): Kohl (D-WI), Feingold (D-WI), Specter (D-PA),
Schumer (D-NY), Durbin (D-IL), Cardin (D-MD), Whitehouse (D-
RI), Klobuchar (D-MN), Kaufman (D-DE), Franken (D-MN), Grassley
(R-IA), Leahy (D-VT).
Nays (7): Feinstein (D-CA), Sessions (R-AL), Hatch (R-UT),
Kyl (R-AZ), Graham (R-SC), Cornyn (R-TX), Coburn (R-OK).
C. ADMINISTRATION VIEWS
On April 15, 2010, in a letter from Assistant Attorney
General Ronald Weich to Chairman Leahy, the Department of
Justice indicated that it ``strongly supports'' reauthorization
of the Juvenile Justice and Delinquency Prevention Act, and the
key improvements made by this bill.
III. Section-by-Section Summary of the Bill\23\
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\23\Committee amendments are described separately in Section II.B,
supra.
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Section 1. Short title
This section cites the short title of the Act as the
``Juvenile Justice and Delinquency Prevention Reauthorization
Act of 2009.''
Section 2. Table of contents
This section provides the table of contents for the Act.
Section 101. Findings
This section contains congressional findings supporting the
need for reauthorization.
Section 102. Purposes
This section contains the Act's purposes, including a new
purpose to support a continuum of programs including
delinquency prevention, intervention, mental health and
substance abuse treatment, and aftercare, to address the needs
of at-risk youth and youth who come into contact with the
justice system.
Section 103. Definitions
This section amends certain existing definitions, and adds
several new definitions. The term ``adult inmate'' is amended
to give States the authority to retain youth who are placed in
juvenile facilities after they reach the maximum age of
extended jurisdiction. The section also defines the following
terms for the first time: ``core requirements;'' ``chemical
agent;'' ``isolation;'' ``restraint;'' ``evidence based;''
``promising;'' and ``dangerous practice.''
Section 201. Concentration of Federal efforts
This section clarifies the date on which the Administrator
must issue the annual plan for coordinating Federal juvenile
justice efforts.
Section 202. Coordinating Council on Juvenile Justice and Delinquency
Prevention
This section provides for the addition of several members
to the Coordinating Council on Juvenile Justice and Delinquency
Prevention, including individuals from the mental health
fields.
Section 203. Annual report
This section modifies several existing reporting
requirements in the OJJDP Administrator's annual report,
including requiring data on conditions of confinement
(isolation and restraints), incarceration of pregnant
juveniles, release from custody, and status offenders.
This section also requires that the Administrator include a
description of the criteria used to determine what programs
qualify as evidence-based and promising programs under JJDPA
titles II and V, and a comprehensive list of those programs
that have been determined to meet the criteria, as well as a
description of funding provided to Indian tribes under this
Act.
Section 204. Allocation of funds
This section clarifies that funds should be allocated to
States under the Juvenile Justice and Delinquency Prevention
Act (JJDPA) based on the most recent census data available.
This section authorizes the reinvestment of funds withheld
due to noncompliance with one or more of the core requirements
as an ``incentive grant'' aimed at helping States to regain
compliance. It also requires that the Administrator provide
support and technical assistance to the States in achieving and
maintaining compliance with the Act.
Section 205. State plans
This section makes a number of changes to the information
that participating States must include in their State plans.
Specifically, this section requires States to publicly
disclose their State plan online within 30 days of its approval
by the Administrator.
This section changes the composition of the State advisory
group to include volunteers who work with delinquent youth or
youth at risk of delinquency, including volunteers who work
with youth of color, the State's Runaway and Homeless Youth Act
executive director, persons with expertise and competence in
preventing and addressing mental health or substance abuse
problems in juvenile delinquents and those at risk of
delinquency, and representatives of victim or witness advocacy
groups.
This section requires States to inform stakeholders about
the State's plan and compliance with the core requirements. In
addition, the plan must also provide alternatives to detention,
including diversion to home-based detention or community-based
services or treatment for those youth in need of mental health,
substance abuse, or co-occurring disorder services at the time
the juvenile first came into contact with the juvenile justice
system. And it must include a plan to reduce the number of
children housed in secure detention and corrections facilities
who are awaiting placement in residential treatment programs, a
plan to encourage inclusion of family members in the design and
delivery of juvenile delinquency prevention and treatment
services, particularly post-placement, and a plan to use
community-based services to address the needs of at-risk youth
or youth who have come into contact with the juvenile justice
system.
This section ensures that States advisory groups use JJDPA
funds for the provision of training, technical assistance and
consultation with State and local juvenile justice and child
welfare agencies to develop coordinated dependence and
delinquency system plans for early intervention and treatment
of youth who have a history of abuse, as well as those
juveniles who have prior involvement with the juvenile justice
system. JJDPA funds must also be used for programs to improve
the recruitment, selection, training, and retention of
professional personnel in the fields of medicine, law
enforcement, judiciary juvenile justice, social work and child
protection, education, and other relevant fields who are
engaged in, or intend to work in, the field of prevention,
identification, and treatment of delinquency. The funds must
also go toward expanding access to publicly supported, court-
appointed legal counsel and enhancing capacity for the
competent representation of every child.
This section encourages the use of community-based
alternatives to secure detention.
This section expands the jail removal and sight and sound
requirements to keep youth awaiting trial in adult criminal
court out of adult lock-ups and jails under certain
circumstances. The section requires that a youth be placed in a
juvenile facility unless a judge determines it is in the
``interest of justice'' for the youth to be held in an adult
facility. The interest of justice shall be determined by
looking at a variety of factors, including the age, physical
and mental maturity of the juvenile, the nature and
circumstances of the alleged offense, the relative ability of
the available adult jails and lock ups and juvenile detention
facilities to meet the specific needs of the juvenile, and the
protection of the public among other relevant considerations.
The procedural protections for juveniles charged as adults who
are placed by judges in adult jails or lock-ups pre-trial are
strengthened by, among other new protections, requiring the
court to hold a review hearing at least every 30 days, if it
determines that it is in the interest of justice to permit a
juvenile to be held in any jail or lockup for adults or have
contact with adult inmates. The juvenile may not be held for
more than 180 days unless the court, in writing, determines
that there is a good cause exception.
This section updates the Disproportionate Minority Contact
core requirement by providing additional direction to States
and localities on how to identify and reduce racial and ethnic
disparities among youth who come into contact with the juvenile
justice system and by mandating that community-based services
are both culturally and linguistically competent.
This section updates the Valid Court Order exception by
ensuring that ``status offenders''--juveniles arrested for
offenses that would not be criminal if committed by adults--are
not placed in secure detention for longer than seven days, and
that the order may not be renewed or extended. If a juvenile is
taken into custody for violating a valid court order issued for
committing a status offense, this section requires the court to
identify the court order violation, specify the factual basis
for the violation, and provide findings of fact that support a
determination that there is no appropriate less restrictive
alternative available with due consideration of the juvenile's
best interests. This section also requires states to eliminate
within three years the use of valid court orders to provide
secure detention of status offenders, and provides for one-year
extensions of time for States that can demonstrate hardship.
This section encourages States to ensure that records are
shared between the juvenile justice system and the child
welfare system for youth who have been abused or neglected.
This section requires that the plan address mental health
and substance abuse screening, assessment, referral, and
treatment for juveniles in the juvenile justice system. The
plan must also include development of policies and procedures,
as well as training for staff, to eliminate the use of
dangerous practices and unreasonable restraints and isolation.
The plan should include development of effective behavior
management techniques.
This section creates new procedural safeguards to improve
juvenile reentry services. The safeguards include, but are not
limited to: a written case plan for each juvenile that
describes pre-release and post-release programs; living
arrangements after discharge and post-release support such as
behavioral health care; and, as appropriate, a hearing that
details the discharge plan for the juvenile that shall take
place no earlier than 30 days before the scheduled release.
This section requires States who are out of compliance with
the Act to submit a report to the Administrator detailing the
reasons for non-compliance and a plan to regain compliance. The
report must be posted on a publicly available website. The
Administrator must issue a public report detailing the
determination of compliance and post it on a publicly available
website.
Under current law, OJJDP is empowered to take action
against States that fail to comply with a core requirement ``in
the subsequent fiscal year.'' This section strikes that
limitation, and allows OJJDP to take action in the current
fiscal year, if appropriate.
Section 206. Authority to make grants
This section amends the Administrator's grant-making
authority to add truancy prevention and reduction activities to
the list of after-school programs that provide at-risk
juveniles and juveniles in the system with a range of age-
appropriate activities. Also added to the list are projects
that support the establishment of partnerships between a State
and a university, institution of higher education, or research
center designed to improve the recruitment, selection, training
and retention of professional personnel.
Section 207. Grants to Indian Tribes
This section eliminates the requirement that an Indian
tribe applying for a grant under the JJDPA be required to
provide evidence that the applicant Indian tribe performs law
enforcement functions (as determined by the Secretary of the
Interior).
Section 208. Research and evaluation; statistical analyses; information
dissemination
This section requires the Administrator to provide an
annual written and publicly available plan to identify the
purposes and goals of all programs carried out with funds. It
also requires the Administrator to conduct research or
evaluation relating to the prevalence and duration of
behavioral needs, including mental health, substance abuse, and
co-occurring disorders, among juveniles pre-placement and post-
placement when held in the custody of secure detention and
corrections facilities, including an examination of the effects
of confinement. The research shall also include training
efforts and reforms that have produced reductions in or
elimination of the use of dangerous practices. Finally, the
report shall include a description of the best practices in
discharge planning and an assessment of living arrangements for
juveniles who cannot return to the homes of the juveniles.
This section requires the development of a National
Recidivism Measure. It requires the Administrator to establish
a uniform method of data collection and technology used to
evaluate data on juvenile recidivism, establish a common
national juvenile recidivism measure, and make cumulative
juvenile recidivism data that is collected from States
available to the public.
This section also requires the Administrator to assess the
effectiveness of the practice of treating juveniles as adults
for purposes in criminal court and submit the findings and
conclusions of the assessment to Congress and the President as
well as to the public, and to conduct a study of adjudicated
juveniles who have reintegrated into the community and publish
a report on the outcomes.
Section 209. Training and technical assistance
This section compels the Administrator to, among other
requirements, make publicly available his or her decision-
making with respect to grants to States, provide for the
development and promulgation of standards of practice for
attorneys representing children, and ensure the adoption of
these standards.
The Administrator must also coordinate training and
technical assistance programs with juvenile detention and
corrections personnel of States and units of local government
to promote evidence-based and promising methods for improving
conditions of juvenile confinement, including those that are
designed to minimize the use of dangerous practices,
unreasonable restraints, and isolation, and to promote positive
behavioral management techniques.
Section 210. Incentive grants for state and local programs
This section creates a new incentive grant program and sets
forth activities that may receive incentive grant funding and
the means by which States may apply for the grants. Permissible
uses of incentive grant funds include increasing the use of
evidence-based or promising prevention programs; improving the
recruitment, selection, training and retention of professional
personnel; and the establishment of a partnership between
juvenile justice agencies of a State or unit of local
government and mental health authorities of State or unit of
local government to enhance mental health and substance abuse
services for juveniles. At least one-half of the funds
allocated under this program must be authorized for evidence-
based or promising programs, as those terms are now defined.
Section 212. Authorization of appropriations
This section sets authorization levels for the JJDPA title
II programs as follows: (A) $245,900,000 for fiscal year 2011;
(B) $295,100,000 for fiscal year 2012; (C) $344,300,000 for
fiscal year 2013; (D) $393,500,000 for fiscal year 2014; and
(E) $442,700,000 for fiscal year 2015.
This section also sets authorization levels for the new
incentive grants program at $80,000,000 for each of fiscal
years 2011, 2012, 2013, 2014, and 2015. Of the sums
appropriated for a fiscal year to carry out the incentive
grants program, at least 40% of the funds shall be used for
programs that are carrying out an activity described in
subparagraph (C), (D), or (E) of section 271(b)(1).
Section 213. Administrative authority
This section strikes the word ``requirements'' as described
in paragraphs (11), (12), and (13) of section 223(a), and
replaces it with ``core requirements.''
Section 214. Authority for Federal pretrial services with respect to
juveniles
This section allows for Federal pretrial services to
provide the same services to any juveniles assigned to them
that they provide to adults.
Section 215. Technical and conforming amendments
This section makes several technical and conforming
amendments.
Section 301. Definitions
This section adds a definition for the term ``mentoring.''
Section 302. Grants for delinquency prevention programs
This section adds mentoring as an allowable use of JJDPA
title V delinquency prevention programs.
Section 303. Authorization of appropriations
This section sets authorization levels for the JJDPA title
V programs as follows: (1) $322,800,000 for fiscal year 2011;
(2) $373,400,000 for fiscal year 2012; (3) $424,000,000 for
fiscal year 2013; (4) $474,600,000 for fiscal year 2014; and
(5) $525,200,000 for fiscal year 2015.
Section 304. Technical and conforming amendments
This section makes several technical and conforming
amendments.
IV. Congressional Budget Office Cost Estimate
The Committee sets forth, with respect to the bill, S. 678,
the following estimate and comparison prepared by the Director
of the Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974:
January 26, 2010.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 678, the Juvenile
Justice and Delinquency Prevention Reauthorization Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 678--Juvenile Justice and Delinquency Prevention Act of 2009
Summary: S. 678 would authorize the appropriation of about
$4.3 billion over the 2011-2015 period, mostly for the
Department of Justice (DOJ) to make grants to state and local
governments for programs to reduce juvenile delinquency and
improve the juvenile justice system. In addition, the bill
would authorize the appropriation of such sums as necessary for
each fiscal year over the 2011-2015 period for juvenile
delinquency block grants and state challenge grants. The bill
also would appropriate $4.75 million annually over the 2011-
2015 period from the DOJ Assets Forfeiture Fund for innovative
crime and delinquency prevention programs and for a commission
on public safety.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 678 would have discretionary
costs of about $2.7 billion over the 2011-2015 period and
another $2.1 billion in subsequent years. In addition, we
estimate that enacting the legislation would increase direct
spending by $19 million over the 2011-2015 period and by $24
million over the 2011-2020 period.\1\ Enacting the bill would
not affect revenues.
---------------------------------------------------------------------------
\1\Different time periods are relevant for enforcing pay-as-you-go
rules. CBO estimates that enacting S. 678 would increase direct
spending by $14 million over the 2010-2014 period, and by $24 million
over the 2010-2019 period.
---------------------------------------------------------------------------
S. 678 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 678 is shown in the following table. The
costs of this legislation fall within budget functions 750
(administration of justice) and 800 (general government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015 2011-2020
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATIONPrograms with Specified Funding Levels:
Authorization Level................. 695 772 871 956 1,051 4,345 4,345
Estimated Outlays................... 88 288 497 686 867 2,426 4,345
Other Programs:
Estimated Authorization Level....... 95 97 100 103 106 499 499
Estimated Outlays................... 12 38 62 83 100 295 499
Total Changes:
Estimated Authorization Level... 790 868 971 1,059 1,157 4,844 4,844
Estimated Outlays............... 100 326 559 769 966 2,721 4,844 CHANGES IN DIRECT SPENDINGSpending from Assets Forfeiture Fund:
Estimated Budget Authority.......... 5 5 5 5 5 24 24
Estimated Outlays................... 1 3 5 5 5 19 24
----------------------------------------------------------------------------------------------------------------
Note: Numbers may not sum to totals because of rounding.
Basis of estimate: CBO assumes that S. 678 will be enacted
during fiscal year 2010, that the authorized and estimated
amounts will be appropriated near the start of each fiscal year
and that spending will follow the historical spending patterns
for those activities.
Spending subject to appropriation
CBO estimates that S. 678 would authorize the appropriation
of about $4.8 billion over the 2011-2015 period for the
juvenile justice and delinquency prevention programs covered by
the bill. That total includes $4.3 billion specified in the
bill for various programs and an estimated $500 million for
juvenile justice block grants and state challenge grants. CBO
estimated the cost of the block grants and challenge grants by
adjusting the amounts appropriated for those programs for 2010
(about $91 million) for anticipated inflation.
S. 678 also would direct the Government Accountability
Office to conduct an evaluation and audit of the activities of
the DOJ Office of Juvenile Justice Delinquency and Prevention.
We estimate that the evaluation and audit would cost about $1
million.
Direct spending
For the first full fiscal year after the bill's enactment
and for each of the subsequent four fiscal years, S. 678 would
appropriate $4.75 million from the Assets Forfeiture Fund for
innovative crime and delinquency prevention programs and for a
commission on public safety. CBO estimates that this provision
would increase direct spending by about $24 million over the
2011-2017 period.
Intergovernmental and private-sector mandates: S. 678
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Mark Grabowicz; Impact on state,
local, and tribal Governments: Melissa Merrell; Impact on the
private sector: Paige Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
V. Regulatory Impact Evaluation
In compliance with rule XXVI of the Standing Rules of the
Senate, the Committee finds that no significant regulatory
impact will result from the enactment of S. 678.
VI. Conclusion
This legislation seeks to move the country in new
directions to protect our communities and give our children the
chance they need to grow up to be productive members of
society. But the Committee was careful to do so with full
respect for the discretion due to law enforcement and judges,
with deference to States, and with a regard for difficult
fiscal realities.
VII. Minority Views
----------
MINORITY VIEWS FROM SENATORS COBURN, KYL, AND SESSIONS
The Juvenile Justice and Delinquency Prevention
Reauthorization Act of 2009 (S. 678) does not include any major
reforms that address problems with grant management by the
Office of Juvenile Justice and Delinquency Prevention (OJJDP).
Together with the increased spending authorizations contained
in S. 678, this reauthorization misses the mark when it comes
to reforming grant management and ensuring that taxpayer
dollars that are provided to juvenile justice grantees are free
from fraud, waste, or abuse.
The Department of Justice Office of the Inspector General
(DOJ Inspector General) has labeled grant management as one of
the top management and performance challenges at the Justice
Department every year since 2000. For example, in 2007, the DOJ
Inspector General found that ``Department components that award
grants still lack adequate financial and programmatic oversight
of their varied grant programs . . . raising questions about
how effectively these grant funds are being spent.''\1\ The DOJ
Inspector General also stated, ``OIG audits continue to
identify a variety of management concerns regarding the
Department's oversight of its grant programs, including
problems in the grant closeout process, improper use of grant
funds, difficulties in meeting grant objectives, and poor
performance measurement of grant effectiveness.''\2\
---------------------------------------------------------------------------
\1\Office of the Inspector General, United States Dep't of Justice,
Top Mgmt. and Performance Challenges in the Dep't of Justice (2007)
available at http://www.usdoj.gov/oig/challenges/2007/ (last visited
Sept. 5, 2008).
\2\Id.
---------------------------------------------------------------------------
These findings have not improved in the last two years. In
2008, the DOJ Inspector General noted, ``[f]or at least the
past 8 years, the OIG has identified grant management as a
significant challenge for the Department, not only in terms of
making timely awards of grant funds, but also in maintaining
proper oversight over grantees to ensure the funds are used as
intended.''\3\ In its 2009 report, the DOJ Inspector General
stated, ``[i]n April 2009, the OIG released a report which also
found significant deficiencies in how OJP's Office of Juvenile
Justice and Delinquency Prevention (OJJDP) awarded over $113
million in discretionary grants in FY 2007. Our review found
that OJJDP allocated $74 million of the $113 million it awarded
that year for non-competitive grants or ``invitational awards'
to 17 organizations after officials from the Office of the
Attorney General, the White House, and Congress contacted OJP
to lobby for non-competitive awards to certain
organizations.''\4\
---------------------------------------------------------------------------
\3\Office of the Inspector General, United States Dep't of Justice,
Top Mgmt. and Performance Challenges in the Dep't of Justice (2008)
available at http://www.justice.gov/oig/challenges/2008/index.htm (last
visited July 21, 2010).
\4\Office of the Inspector General, United States Dep't of Justice,
Top Mgmt. and Performance Challenges in the Dep't of Justice (2009)
available at http://www.justice.gov/oig/challenges/
2009_challenges.pdf#7 (last visited July 21, 2010).
---------------------------------------------------------------------------
``With respect to the competitive awards OJJDP made in FY
2007, we also found that OJJDP skipped several steps in its
peer review process that are critical to ensuring that
objective criteria are applied uniformly to all the applicants
during the peer review process.''\5\ In June 2008, Senators
Leahy, Specter, Mikulski, Kohl and Feinstein sent a letter to
Attorney General Mukasey noting the DOJ needed to provide
information ``in order to ensure that Congress has the
information it needs to perform effective oversight of OJJDP,
and to better inform the reauthorization of the JJDPA. . .
.''\6\ Yet, this letter was sent less than two weeks after
Senator Leahy introduced the 2008 Juvenile Justice and
Delinquency Prevention Act (JJDPA) Reauthorization.
---------------------------------------------------------------------------
\5\Id.
\6\Letter to Attorney General Mukasey from Senators Leahy, Specter,
Mikulski, Kohl and Feinstein on the reauthorization of JJDPA, June 27,
2008.
---------------------------------------------------------------------------
Before any legislation moves forward, bill sponsors should
delay consideration of the bill until this committee has an
opportunity to conduct further hearings on grant management and
oversight of all DOJ divisions, specifically OJJDP. Although
the Attorney General answered this 2008 letter, such response
occurred only days before the 2008 markup, and included over
10,000 pages.
Furthermore, even though this committee held a hearing in
December 2007 addressing potential legislation reauthorizing
the JJDPA, that hearing occurred prior to any allegations of
misconduct within OJJDP and before discovering the additional
problems identified by the DOJ Inspector General over the last
two years. Thus, there have been no hearings to address the
most recent problems within OJJDP. The audits and findings by
the OIG should be addressed through hearings concentrating on
grant management problems and solutions, and establishing
metrics and standards for awarding grants before any further
funding is provided to any division of the DOJ. Such hearings
should especially occur before we pass S. 678, a large spending
bill specifically funding OJJDP, which has already proven it
cannot responsibly manage and award federal grants. If we
authorize new spending, we should at least ensure the programs
are working. While some important grant programs do exist, if
we do not ensure proper controls exist, it is a recipe for
disaster.
In addition to the Department-wide problems associated with
grant management, the DOJ Inspector General has conducted
audits of individual grantees that receive funding from OJJDP
under the JJDPA. These audits reveal a series of problems
associated with grant management and performance and are
evidence of the need for a comprehensive evaluation of OJJDP
grant recipients. For example, a series of audit reports
entered into the Committee hearing record at the July 31, 2008
mark-up show that grantees across the country from California
to Florida had serious errors and failures in complying with
program requirements. These audits found problems such as
unauthorized expenditures by grantees, undocumented
expenditures, unallowable costs, inadequate supporting
documentation, untimely submission of documentations,
subgrantees failure to comply with audit requirements, failure
to follow competitive bidding requirements, programs failing to
accomplish goals, and failure to provide support for staff
salaries and fringe benefits. These are serious program
failures that need to be corrected so that taxpayer dollars are
not lost to fraud, waste, and abuse.
Another significant problem with OJJDP's grant management
is the significant duplication of JJDPA grant programs with
each other and with other federal agencies' juvenile justice
grant programs. The Congressional Research Service (CRS)
states, ``overlap exists within the federal government
concerning programs that offer services for juveniles.''\7\ For
example, ``[t]he State Formula Grant and the Delinquency
Prevention Block Grant programs . . . both feature a wide array
of purpose areas elucidated in legislative language that are
largely similar.''\8\ In addition, the Delinquency Prevention
Block Grant, Challenge (Demonstration) Grants and Title V
Incentive Grants ``all include language allowing OJJDP to
provide funding for additional programs not included in the
specific purpose areas identified.''\9\
---------------------------------------------------------------------------
\7\Finklea, Kristin, Congressional Research Service, ``Juvenile
Justice: Legislative History and Current Legislative Issues,'' January
14, 2010, RL33947, p. 21.
\8\Id. at 20.
\9\Id. at 21.
---------------------------------------------------------------------------
Furthermore, grant programs authorized by JJDPA overlap
programs in other federal agencies. CRS asserts that evidence
shows there is a relationship between child abuse/mistreatment
and juvenile delinquency, which ``has led to duplication of
efforts within many federal agencies and what may sometimes be
a considerable overlap in the funding opportunities available
to states and local entities.''\10\ Youth violence programs are
an example of agency funding overlap. Youth violence federal
funding is available at the DOJ, and the Departments of Health
and Human Services, Education, Labor and Agriculture. ``There
are a multitude of federal programs throughout the government
that deal with youth violence's causes, its effects and its
ramifications. The amount of coordination that is occurring
between the departments on these issues remains an open
question.''\11\ Before more funding is authorized for OJJDP, it
is imperative that coordination among agencies occurs in order
to streamline juvenile justice programs and make them more
effective. Yet, none of these duplication issues are addressed
in this reauthorization legislation.
---------------------------------------------------------------------------
\10\Id. at 22.
\11\Id.
---------------------------------------------------------------------------
This bill, as amended, contains an overwhelming $4.3
billion in authorizations without offsets, and there is a
history of tension between authorizations and appropriations
for juvenile justice programs. According to CRS, ``the current
disconnect between the authorization and the appropriation
could present a significant challenge for OJJDP.''\12\ Even
early juvenile justice legislation in the 1970s was plagued
with problems of delay and inefficiency. Specifically, ``less
than a third of the $150 million authorized for FY1968-1971 was
appropriated. Furthermore, only half of the funds that were
appropriated were actually expended. The funds were generally
spent on underfunded, unrelated and scattered projects.''\13\
---------------------------------------------------------------------------
\12\Id. at 20.
\13\Id. at 6 (quoting U.S. Congress, House Committee on Education
and Labor, Juvenile Justice and Delinquency Prevention Amendments of
1977, H.Rept. 95-313, pp. 35-36.)
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More recently, the 2002 reauthorization of the JJDPA also
reauthorized OJJDP, ``which had remained unauthorized since
FY1997, but which had been appropriated annually through
FY2007.''\14\ The 2002 reauthorization of the JJDPA created the
Juvenile Delinquency Prevention Block Grant by eliminating six
smaller grants to combine them into this one large block grant.
However, according to CRS, ``the annual appropriation for OJJDP
continues to adhere to the previous structure, and funds have
been appropriated in each subsequent fiscal year for some of
the grant programs that were repealed in 2002.''\15\
---------------------------------------------------------------------------
\14\Id. at 31.
\15\Id. at 20; see also Finklea, Kristin, Congressional Research
Service, ``Juvenile Justice Funding Trends,'' January 8, 2010, p. 4-5.
---------------------------------------------------------------------------
We concur with what Senator Grassley noted at the July 31,
2008 markup, when he stated: ``I also have some reservations
that this Committee is delegating away its authority to the
Appropriations Committee by authorizing new spending without an
offset. If we continue to authorize money for every program,
the appropriators will have more say over policy than we do
here at the Judiciary Committee. We need to give the
appropriators sound instructions on what to fund.''
Appropriators already often go beyond a bill's authorization
language when deciding which programs to fund and in what
amount. As noted above, appropriators continued to fund several
individual grants despite the fact that they were repealed and
combined into one large grant in 2002. If this Committee
becomes complicit in such behavior by not addressing these
issues, we will no longer correctly function as the oversight
authority for the DOJ.
Moreover, juvenile justice is primarily a state
responsibility. CRS accurately states, ``[a]dministering
justice to juvenile offenders has largely been the domain of
the states . . . there is no federal juvenile justice
system.''\16\ In fact, the first major federal legislation for
juveniles in 1938 left the state juvenile justice systems as
the ``preferred method for juveniles arrested for violating
federal laws.''\17\ Mr. Flores, former Administrator of OJJDP,
testified at the December 5, 2007 hearing that ``private, city,
state and non-profit agencies and officials are committing
funds and resources to expand this effort in their cities.''
OJJDP already ``supports collaboration at the state and local
levels.'' Thus, state and local governments and non-profit
organizations already have the ability to support juvenile
justice efforts.
---------------------------------------------------------------------------
\16\Finklea, supra note 7, at 1.
\17\Id. at 4.
---------------------------------------------------------------------------
Although the federal government has traditionally respected
juvenile justice as within the states' domain, it started down
a slippery slope of providing increasingly large amounts of
federal funds to state juvenile justice systems beginning in
the 1960s. Over time, those federal funds have been spread thin
among a variety of grant programs and purposes. Thus, by
assuming greater responsibility, the federal government may
actually be hurting efforts to reform the juvenile justice
system and rehabilitate juvenile offenders.
Since the states are ultimately tasked with implementing
these programs, they should become greater sources of funding,
in order to ensure the long-term success of these programs.
States, in fact, may actually be in the best position to
consistently fund juvenile justice programs.
While we seriously question the constitutionality of
supplying federal funds to states and other local grantees for
the bill's purposes, since many are already in place, we
believe the states and other grantees should participate
significantly in funding services for juveniles in their
communities. The only way state and local grantees can ensure
fiscal vitality in the future is to reduce their dependence on
federal funding. This can be accomplished by requiring the
grantee to match the federal portion of any juvenile justice
grants funded under JJDPA.
In addition, as a grantee invests additional funds into its
services, it is more likely to remain truly committed to
developing new and innovative strategies to help juveniles
caught up in the criminal justice system. The easiest way to
ensure this occurs is to require the federal government to
provide no more than 50% of the grant amount.
No doubt juvenile justice grantees want future funding to
be consistent. With our federal debt at $13.2 trillion and
skyrocketing by the day, coupled with Congress' inability to
control and reduce federal spending on lower priorities,
grantees should be very concerned about availability of future
federal funding. Requiring grantees to match federal funds in
these grants will ensure more fiscal stability for them in the
future. The ever fluctuating federal budget will only serve to
decrease the states' confidence in the consistency of juvenile
justice funding.
Nowhere in the Constitution is the federal government
tasked with providing states and localities with basic funding
for their juvenile justice systems. Although it is important to
ensure our youth avoid contact with the juvenile justice
system, it is not a federal responsibility. Thus, at the very
least, grantees should share equally when the federal
government provides funding to support what are very clearly
state responsibilities.
The original JJDPA has been around for over 30 years with
the last reauthorization occurring in 2002. While the JJDPA has
laudable goals and has helped to create a national policy for
the way juvenile offenders are treated, this does not mean that
Congress should not require a comprehensive evaluation of the
program prior to or as part of any significant reauthorization.
The selected audits conducted by the DOJ Inspector General
raise serious questions that need to be addressed by Congress.
S. 678 authorizes billions of dollars in new spending that is
not offset by any reduction in spending authorized by the
committee in other areas. As such, the committee continues to
authorize new spending without critically reviewing programs or
making the tough decisions about where to reduce authorized
funding for an offset. The end result of continued
authorizations is a loss of control by the authorizing
committee, placing the Appropriations Committee in a position
to set policy by choosing which programs to fund and which to
ignore. It is our opinion that any significant reauthorization
should address the problems highlighted by the DOJ Inspector
General before authorizing billions of dollars in new spending
of taxpayer dollars.
We look forward to participating in hearings that will
address all aspects of federal funding and the grant-making
process within the DOJ. Although we believe juvenile justice is
a state issue, we believe that--to the extent Congress chooses
to fund it--we can and should find the most fiscally-
responsible way to disburse the money, and that we should do so
by identifying and offsetting lower priority programs within
the DOJ.
Tom Coburn.
Jon Kyl.
Jeff Sessions.
MINORITY VIEWS FROM SENATOR GRASSLEY
While I voted to report the Juvenile Justice and
Delinquency Prevention Reauthorization Act of 2009 (S. 678) out
of Committee, I still have serious concerns about the
legislation. I continue to share the concerns of my colleagues
that have written separately regarding the lack of significant
reforms in this bill related to the Department of Justice's
management of grant programs, particularly in the Office of
Juvenile Justice and Delinquency Prevention (OJJDP). I also
share their concerns about the increased spending
authorizations that the underlying bill contains. I write
separately to discuss these concerns and to explain the
importance of the amendments I authored that were incorporated
into S. 678, in addition to an amendment I authored that was
adopted by the Committee during the mark-up of S. 678.
My Republican colleagues have written at length,
separately, highlighting the problems the Inspector General has
found with grant management at the Department. I share all of
the concerns expressed by my colleagues in their minority
supplemental views regarding grants management. I would simply
add that given the billions of dollars in additional spending
authorized by this bill, serious consideration needs to be
given by this Committee to introducing comprehensive
legislation to increase accountability, transparency, and
oversight of grants issued by the Department of Justice in all
grant programs, not just those authorized by the JJDPA.
The bill does include some provisions that will help bring
some accountability to the grant program managed by OJJDP.
Specifically, it includes three provisions that I offered as
amendments to similar legislation during the 110th Congress
that will help to provide additional oversight of OJJDP and the
grant programs authorized. The first provision that was
incorporated into the bill requires the Coordinating Council on
Juvenile Justice to provide a detailed accounting of activities
conducted by the council during the fiscal year, including a
review of expenses. The Coordinating Council was created in the
original Juvenile Justice and Delinquency Prevention Act of
1974 and is headed by the Attorney General and includes a
number of Cabinet level Secretaries. The Council is tasked with
coordinating ``all Federal juvenile delinquency programs (in
cooperation with State and local juvenile justice
programs.''\1\ The 1992 legislation updating the JJDPA required
that the Coordinating Council provide their recommendations to
Congress. However, this report was limited to the
recommendations only and not an accounting of the $200,000 that
were authorized to fund the Coordinating Council. My amendment
that was incorporated will require the Coordinating Council to
account for how these taxpayer funds are spent so that Congress
can determine if the costs are truly necessary.
---------------------------------------------------------------------------
\1\42 U.S.C. Sec. 5616(c) (2006).
---------------------------------------------------------------------------
Two additional provisions I previously offered as
amendments to similar legislation in the 110th Congress were
also adopted. These two amendments require OJJDP to include new
information in their annual report to Congress. Specifically,
OJJDP must: (1) report on internal controls that exist to
ensure that grantees follow grant program requirements, (2)
provide an analysis of payments made to grantees who violated
grant program rules and determine if OJJDP ever recovered the
funds that were inappropriately spent. These amendments help to
enhance the annual report submitted by OJJDP to Congress;
however, they are not a substitute for a comprehensive
evaluation to be conducted by a disinterested auditor.
The Committee also voted 10-9 to adopt on an amendment I
authored that was designed to further strengthen accountability
and oversight of OJJDP and the grantees who are awarded federal
funding under the JJDPA. The amendment requires a top-to-bottom
review of OJJDP and an audit and evaluation of a statistically
significant sample of grantees who received funds under the
JJDPA.
The amendment provides guidance to the GAO by setting forth
eight considerations to examine when conducting the evaluation
of OJJDP. These eight considerations were designed to help the
Comptroller General critically examine OJJDP to determine: (1)
whether there is conflict or duplication between the JJDPA and
other programs administered by DOJ or other agencies, (2)
whether there are potential benefits of consolidating programs
with duplicate missions, (3) whether operations are impeded or
enhanced by existing statutes, (4) the number and type of
beneficiaries or persons served by the program, (5) the manner
with which the agency seeks public input and input from State
and local governments, (6) the extent to which the agency
complies with the Freedom of Information Act, (7) whether
greater oversight is needed, and (8) the extent to which
changes are necessary in the authorizing statutes of the agency
to bring efficiency to the program. The purpose of adding these
specific considerations was to help GAO structure the audit and
evaluation in a manner that would provide Congress with as much
information as possibly assess whether the concerns regarding
grant management and performance raised by the DOJ Inspector
General continue to exist in grants managed by OJJDP.
The amendment also requires GAO to conduct an audit of a
statistically significant sample of OJJDP grantees. This audit
was included in the amendment in an effort to collect a larger
sample of information from OJJDP grantees and to verify the
results of the individual audits conducted by the DOJ Inspector
General. The previous audits conducted by the DOJ Inspector
General pointed to significant problems on the part of OJJDP
grantees in meeting the requirements of the grant program and
in appropriately spending grant monies. If the problems
outlined by the individual audits extend to a larger portion of
OJJDP grantees, it is possible that hundreds of millions of
dollars could be at risk of waste, fraud, or abuse. The
amendment required GAO to complete both audits and evaluations
and issue reports to Congress no later than October 1, 2011.
Unfortunately, a number of my colleagues opposed this
straightforward amendment. Those who opposed the amendment
cited concerns that the amendment would duplicate oversight
requirements already in the bill, unduly burden scarce state
resources, and question the existence of key juvenile justice
programs. These concerns are without merit; the current bill
only requires annual reporting to Congress by OJJDP and not by
an independent auditor such as GAO. While the annual report
submitted to Congress by OJJDP is necessary, it does not
provide the type of critical analysis that an independent
auditor can bring, given the inherent conflict of interest of
OJJDP in painting the best picture of their agency and their
performance to Congress. Further, the annual report required by
the reauthorization does not include considerations that will
help Congress obtain the necessary information to determine if
the agency is in fact meeting its mission and stated goals of
the JJDPA. It is my view that a critical, objective analysis of
the program by an independent auditor such as GAO or the
Comptroller General is necessary given the documented problems
with grant management and grantee performance, as well as the
significant increase to program authorizations included in this
bill.
Finally, I note that according to the Congressional Budget
Office (CBO) this bill authorizes $4.3 billion in new spending
that is not offset with a corresponding reduction in
authorizations. At the mark-up, I outlined my serious concerns
with this extraordinary increase in spending authorized by this
Committee. Absent a corresponding offset, this increase in
spending sends an unclear signal to the Appropriations
Committee regarding what programs to prioritize funding for. By
failing to include an offset to this increase, we are
delegating away our authority to legislate to the
Appropriations Committee. If we continue to authorize money for
every program, without attention to the budgetary limits we
face, the Appropriators will have more say over policy than
this Committee. Moving forward, we need to be cognizant of this
and send clearer signals to the Appropriations Committee.
Chuck Grassley.
VIII. Changes to Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 678, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
UNITED STATES CODE
TITLE 42--THE PUBLIC HEALTH AND WELFARE
* * * * * * *
CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
Subchapter I--Generally
[Sec. 5601. Findings
[(a) The Congress finds the following:
[(1) Although the juvenile violent crime arrest rate
in 1999 was the lowest in the decade, there remains a
consensus that the number of crimes and the rate of
offending by juveniles nationwide is still too high.
[(2) According to the Office of Juvenile Justice and
Delinquency Prevention, allowing 1 youth to leave
school for a life of crime and of drug abuse costs
society $1,700,000 to $2,300,000 annually.
[(3) One in every 6 individuals (16.2 percent)
arrested for committing violent crime in 1999 was less
than 18 years of age. In 1999, juveniles accounted for
9 percent of murder arrests, 17 percent of forcible
rape arrests, 25 percent of robbery arrest, 14 percent
of aggravated assault arrests, and 24 percent of
weapons arrests.
[(4) More than \1/2\ of juvenile murder victims are
killed with firearms. Of the nearly 1,800 murder
victims less than 18 years of age, 17 percent of the
victims less than 13 years of age were murdered with a
firearm, and 81 percent of the victims 13 years of age
or older were killed with a firearm.
[(5) Juveniles accounted for 13 percent of all drug
abuse violation arrests in 1999. Between 1990 and 1999,
juvenile arrests for drug abuse violations rose 132
percent.
[(6) Over the last 3 decades, youth gang problems
have increased nationwide. In the 1970s, 19 States
reported youth gang problems. By the late 1990s, all 50
States and the District of Columbia reported gang
problems. For the same period, the number of cities
reporting youth gang problems grew 843 percent, and the
number of counties reporting gang problems increased
more than 1,000 percent.
[(7) According to a national crime survey of
individuals 12 years of age or older during 1999, those
12 to 19 years old are victims of violent crime at
higher rates than individuals in all other age groups.
Only 30.8 percent of these violent victimizations were
reported by youth to police in 1999.
[(8) One-fifth of juveniles 16 years of age who had
been arrested were first arrested before attaining 12
years of age. Juveniles who are known to the juvenile
justice system before attaining 13 years of age are
responsible for a disproportionate share of serious
crimes and violence.
[(9) The increase in the arrest rates for girls and
young juvenile offenders has changed the composition of
violent offenders entering the juvenile justice system.
[(10) These problems 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, local public agencies, and
community-based organizations, and 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 reduce risks
and develop competencies in at-risk
juveniles that will prevent, and reduce
the rate of, violent delinquent
behavior; and
[(B) programs that assist in holding
juveniles accountable for their actions and in
developing the competencies necessary to become
responsible and productive members of their
communities, including a system of graduated
sanctions to respond to each delinquent act,
requiring juveniles to make restitution, or
perform community service, 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.
[(11) Coordinated juvenile justice and delinquency
prevention projects that meet the needs of juveniles
through the collaboration of the many local service
systems juveniles encounter can help prevent juveniles
from becoming delinquent and help delinquent youth
return to a productive life.
[(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 and
which provide opportunities for competency development. Without
true reform, the juvenile 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 18 percent
between 2000 and 2030.]
SEC. 101. FINDINGS.
Congress finds the following:
(1) A growing body of adolescent development research
supports the use of developmentally appropriate
services and sanctions for youth in the juvenile
justice system and those at risk for delinquent
behavior to help prevent youth crime and to
successfully intervene with youth who have already
entered the system.
(2) Research has shown that targeted investments to
redirect offending juveniles onto a different path are
cost effective and can help reduce juvenile recidivism
and adult crime.
(3) Minorities are disproportionately represented in
the juvenile justice system.
(4) Between 1990 and 2004, the number of youth in
adult jails increased by 208 percent.
(5) Every day in the United States, an average of
7,500 youth are incarcerated in adult jails.
(6) Youth who have been previously tried as adults
are, on average, 34 percent more likely to commit
crimes than youth retained in the juvenile justice
system.
(7) Research has shown that every dollar spent on
evidence based programs can yield up to $13 in cost
savings.
(8) Each child prevented from engaging in repeat
criminal offenses can save the community $1,700,000 to
$3,400,000.
(9) Youth are 19 times more likely to commit suicide
in jail than youth in the general population and 36
times more likely to commit suicide in an adult jail
than in a juvenile detention facility.
(10) Seventy percent of youth in detention are held
for nonviolent charges, and more than \2/3\ are charged
with property offenses, public order offenses,
technical probation violations, or status offenses,
such as truancy, running away, or breaking curfew.
(11) The prevalence of mental disorders among youth
in juvenile justice systems is 2 to 3 times higher than
among youth in the general population.
(12) Eighty percent of juveniles in juvenile justice
systems have a nexus to substance abuse.
(13) The proportion of girls entering the justice
system has increased steadily over the past several
decades, rising from 20 percent in 1980 to 29 percent
in 2003.
Sec. 5602. Purpose
The purposes of this subchapter and subchapter II of this
chapter are--
(1) to support State and local programs that prevent
juvenile involvement in delinquent behavior;
(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, training, evaluation,
and the dissemination of information on effective
programs for combating juvenile delinquency[.]; and
(4) to support a continuum of programs (including
delinquency prevention, intervention, mental health and
substance abuse treatment, and aftercare) to address
the needs of at-risk youth and youth who come into
contact with the justice system.
Sec. 5603. Definitions
For purposes of this chapter--
(1) the term ``community based'' facility, program,
or service means a small, open group home or other
suitable place located near the juvenile's home or
family and programs of community supervision and
service which maintain community and consumer
participation in the planning operation, and evaluation
of their programs which may include, but are not
limited to, medical, educational, vocational, social,
and psychological guidance, training, special
education, counseling, alcoholism treatment, drug
treatment, and other rehabilitative services;
(2) the term ``Federal juvenile delinquency program''
means any juvenile delinquency program which is
conducted, directly, or indirectly, or is assisted by
any Federal department or agency, including any program
funded under this chapter;
(3) the term ``juvenile delinquency program'' means
any program or activity related to juvenile delinquency
prevention, control, diversion, treatment,
rehabilitation, planning, education, training, and
research, including drug and alcohol abuse programs;
the improvement of the juvenile justice system; and any
program or activity designed to reduce known risk
factors for juvenile delinquent behavior, provides
activities that build on protective factors for, and
develop competencies in, juveniles to prevent, and
reduce the rate of, delinquent juvenile behavior;
(4)(A) the term ``Bureau of Justice Assistance''
means the bureau established by section 3741 of this
title;
(B) the term ``Office of Justice Programs'' means the
office established by section 3711 of this title;
(C) the term ``National Institute of Justice'' means
the institute established by section 3722(a) of this
title; and
(D) the term ``Bureau of Justice Statistics'' means
the bureau established by section 3732(a) of this
title;
(5) the term ``Administrator'' means the agency head
designated by section 5611(b) of this title;
(6) the term ``law enforcement and criminal justice''
means any activity pertaining to crime prevention,
control, or reduction or the enforcement of the
criminal law, including, but not limited to police
efforts to prevent, control, or reduce crime or to
apprehend criminals, activities of courts having
criminal jurisdiction and related agencies (including
prosecutorial and defender services), activities of
corrections, probation, or parole authorities, and
programs relating to the prevention, control, or
reduction of juvenile delinquency or narcotic
addiction;
(7) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands;
(8) the term ``unit of local government'' means--
(A) any city, county, township, town,
borough, parish, village, or other general
purpose political subdivision of a State;
(B) any law enforcement district or judicial
enforcement district that--
(i) is established under applicable
State law; and
(ii) has the authority to, in a
manner independent of other State
entities, establish a budget and raise
revenues;
[(C) an Indian Tribe that performs law
enforcement functions, as determined by the
Secretary of the Interior; or] (C) an Indian
tribe; or
(D) for the purposes of assistance
eligibility, any agency of the government of
the District of Columbia or the Federal
Government that performs law enforcement
functions in and for--
(i) the District of Columbia; or
(ii) any Trust Territory of the
United States;
(9) the term ``combination'' as applied to States or
units of local government means any grouping or joining
together of such States or units for the purpose of
preparing, developing, or implementing a juvenile
justice and delinquency prevention plan;
(10) the term ``construction'' means acquisition,
expansion, remodeling, and alteration of existing
buildings, and initial equipment of any such buildings,
or any combination of such activities (including
architects' fees but not the cost of acquisition of
land for buildings);
(11) the term ``public agency'' means any State, unit
of local government, combination of such States or
units, or any department, agency, or instrumentality of
any of the foregoing;
(12) the term ``secure detention facility'' means any
public or private residential facility which--
(A) includes construction fixtures designed
to physically restrict the movements and
activities of juveniles or other individuals
held in lawful custody in such facility; and
(B) is used for the temporary placement of
any juvenile who is accused of having committed
an offense, or of any other individual accused
of having committed a criminal offense;
(13) the term ``secure correctional facility'' means
any public or private residential facility which--
(A) includes construction fixtures designed
to physically restrict the movements and
activities of juveniles or other individuals
held in lawful custody in such facility; and
(B) is used for the placement, after
adjudication and disposition, of any juvenile
who has been adjudicated as having committed an
offense or any other individual convicted of a
criminal offense;
(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;
(15) the term ``treatment'' includes but is not
limited to medical, educational, special education,
social, psychological, and vocational services,
corrective and preventive guidance and training, and
other rehabilitative services designed to protect the
public, including services designed to benefit addicts
and other users by eliminating their dependence on
alcohol or other addictive or nonaddictive drugs or by
controlling their dependence and susceptibility to
addiction or use;
(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
(B) who received, before the issuance of such
order, the full due process rights guaranteed
to such juvenile by the Constitution of the
United States;
(C) Repealed. Pub. L. 107-273, Div. C, Title
II, Sec. 12204(7)(B), Nov. 2, 2002, 116 Stat.
1871
(17) the term ``Council'' means the Coordinating
Council on Juvenile Justice and Delinquency Prevention
established in section 5616(a)(1) of this title;
[(18) the term ``Indian Tribe'' means--
[(A) a federally recognized Indian tribe; or
[(B) an Alaskan Native organization;]
(18) the term ``Indian tribe'' has the meaning given
that term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b);
(19) 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) 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) 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) 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--
[(A) pending the filing of a charge of
violating a criminal law;
[(B) awaiting trial on a criminal charge; or
[(C) convicted of violating a criminal law;]
or confine adult inmates;
(23) the term ``nonprofit organization'' means an
organization described in section 501(c)(3) of Title 26
that is exempt from taxation under section 501(a) of
Title 26;
(24) the term ``graduated sanctions'' means an
accountability-based, graduated series of sanctions
(including incentives, treatment, and services)
applicable to juveniles within the juvenile justice
system to hold such juveniles accountable for their
actions and to protect communities from the effects of
juvenile delinquency by providing appropriate sanctions
for every act for which a juvenile is adjudicated
delinquent, by inducing their law-abiding behavior, and
by preventing their subsequent involvement with the
juvenile justice system;
(25) the term ``[contact] sight and sound contact''
means the degree of interaction allowed between
juvenile offenders in a secure custody status and
incarcerated adults under section 31.303(d)(1)(i) of
title 28, Code of Federal Regulations, as in effect on
December 10, 1996;
[(26) the term ``adult inmate'' means an individual
who--
[(A) has reached the age of full criminal
responsibility under applicable State law; and
[(B) has been arrested and is in custody for
or awaiting trial on a criminal charge, or is
convicted of a criminal offense;]
(26) the term ``adult inmate''--
(A) means an individual who--
(i) has reached the age of full
criminal responsibility under
applicable State law; and
(ii) has been arrested and is in
custody for or awaiting trial on a
criminal charge, or is convicted of a
criminal charge offense; and
(B) does not include an individual who--
(i) at the time of the time of the
offense, was younger than the maximum
age at which a youth can be held in a
juvenile facility under applicable
State law; and
(ii) was committed to the care and
custody of a juvenile correctional
agency by a court of competent
jurisdiction or by operation of
applicable State law;
(27) 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;
(28) the term ``collocated facilities'' means
facilities that are located in the same building, or
are part of a related complex of buildings located on
the same grounds; [and]
(29) the term ``related complex of buildings'' means
2 or more buildings that share--
(A) physical features, such as walls and
fences, or services beyond mechanical services
(heating, air conditioning, water and sewer);
or
(B) the specialized services that are
allowable under section 31.303(e)(3)(i)(C)(3)
of title 28 of the Code of Federal Regulations,
as in effect on December 10, 1996[.];
(30) the term ``core requirements'' means the
requirements described in paragraphs (11), (12), (13),
and (15) of section 223(a);
(31) the term ``chemical agent'' means a spray used
to temporarily incapacitate a person, including
oleoresin capsicum spray, tear gas, and 2-
chlorobenzalmalononitrile gas;
(32) the term ``isolation''--
(A) means any instance in which a youth is
confined alone for more than 15 minutes in a
room or cell; and
(B) does not include confinement during
regularly scheduled sleeping hours, or for not
more than 1 hour during any 24-hour period in
the room or cell in which the youth usually
sleeps, protective confinement (for injured
youths or youths whose safety is threatened),
separation based on an approved treatment
program, confinement that is requested by the
youth, or the separation of the youth from a
group in a non-locked setting for the purpose
of calming;
(33) the term ``restraint'' has the meaning given
that term in section 591 of the Public Health Service
Act (42 U.S.C. 290ii);
(34) the term ``evidence based'' means a program or
practice that is demonstrated to be effective and
that--
(A) is based on a clearly articulated and
empirically supported theory;
(B) has measurable outcomes, including a
detailed description of what outcomes were
produced in a particular population; and
(C) has been scientifically tested, optimally
through randomized control studies or
comparison group studies;
(35) the term ``promising'' means a program or
practice that is demonstrated to be effective based on
positive outcomes from 1 or more objective evaluations,
as documented in writing to the Administrator;
(36) the term ``dangerous practice'' means an act,
procedure, or program that creates an unreasonable risk
of physical injury, pain, or psychological harm to a
juvenile subjected to the act, procedure, or program;
(37) the term ``screening'' means a brief process--
(A) designed to identify youth who may have
mental health or substance abuse needs
requiring immediate attention, intervention,
and further evaluation; and
(B) the purpose of which is to quickly
identify a youth with a possible mental health
or substance abuse need in need of further
assessment;
(38) the term ``assessment'' includes, at a minimum,
an interview and review of available records and other
pertinent information--
(A) by a mental health or substance abuse
professional who meets the criteria of the
applicable State for licensing and education in
the mental health or substance abuse field; and
(B) which is designed to identify significant
mental health or substance abuse treatment
needs to be addressed during a youth's
confinement; and
(39) the term ``contact'' means the point at which a
youth interacts with the juvenile justice system or
criminal justice system, including interaction with a
juvenile justice, juvenile court, or law enforcement
official, and including brief, sustained, or repeated
interaction.
* * * * * * *
Subchapter II--Programs and Offices
PART A--JUVENILE JUSTICE AND DELINQUENCY PREVENTION OFFICE
* * * * * * *
Sec. 5614. Concentration of Federal efforts
(a) Implementation of Policy by Administrator; Consultation
With Council and Advisory Committee.--
(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.
(2)(A) The plan described in paragraph (1) shall--
(i) contain specific goals and criteria for
making grants and contracts, for conducting
research, and for carrying out other activities
under this subchapter; and
(ii) provide for coordinating the
administration programs and activities under
this subchapter with the administration of all
other Federal juvenile delinquency programs and
activities, including proposals for joint
funding to be coordinated by the Administrator.
(B) The Administrator shall review the plan described
in paragraph (1) annually, revise the plan as the
Administrator considers appropriate, and publish the
plan in the Federal Register--
(i) not later than [240 days after November
4, 1992] July 2, 2010, in the case of the
initial plan required by paragraph (1); and
(ii) except as provided in clause (i), in the
30-day period ending on October 1 of each year.
(b) Duties of Administrator.--In carrying out the purposes
of this chapter, the Administrator shall--
(1) advise the President through the Attorney General
as to all matters relating to federally assisted
juvenile delinquency programs and Federal policies
regarding juvenile delinquency;
(2) assist operating agencies which have direct
responsibilities for the prevention and treatment of
juvenile delinquency in the development and
promulgation of regulations, guidelines, requirements,
criteria, standards, procedures, and budget requests in
accordance with the policies, priorities, and
objectives the Administrator establishes;
(3) conduct and support evaluations and studies of
the performance and results achieved by Federal
juvenile delinquency programs and activities;
(4) implement Federal juvenile delinquency programs
and activities among Federal departments and agencies
and between Federal juvenile delinquency programs and
activities and other Federal programs and activities
which the Administrator determines may have an
important bearing on the success of the entire Federal
juvenile delinquency effort;
(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 D and E of this subchapter in such fiscal
year, specifying in detail those activities designed to
satisfy the requirements of parts D and E of this
subchapter; and
(B) taking into consideration comments received
during the 45-day period beginning on the date the
proposed plan is published, develop and publish a final
plan, before December 31 of such fiscal year,
describing the particular activities which the
Administrator intends to carry out under parts D and E
of this subchapter in such fiscal year, specifying in
detail those activities designed to satisfy the
requirements of parts D and E of this subchapter;
(6) provide for the auditing of monitoring systems
required under section 5633(a)[(15)](16) of this title
to review the adequacy of such systems; and
(7) not later than 1 year after November 2, 2002,
issue model standards for providing mental health care
to incarcerated juveniles.
(c) Information, Reports, Studies, and Surveys From Other
Agencies.--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 ``as may be
appropriate to prevent the duplication of efforts, and to
coordinate activities, related to the prevention of juvenile
delinquency''.
(d) Delegation of Functions.--The Administrator shall have
the sole authority to delegate any of the functions of the
Administrator under this chapter.
(e) Utilization of Services and Facilities of Other
Agencies; Reimbursement.--The Administrator is authorized to
utilize the services and facilities of any agency of the
Federal Government and of any other public agency or
institution in accordance with appropriate agreements, and to
pay for such services either in advance or by way of
reimbursement as may be agreed upon.
(f) Coordination of Functions of Administrator and
Secretary of Health and Human Services.--All functions of the
Administrator under this subchapter shall be coordinated as
appropriate with the functions of the Secretary of Health and
Human Services under subchapter III of this chapter.
* * * * * * *
Sec. 5616. Coordinating Council on Juvenile Justice and Delinquency
Prevention
(a) Establishment; Membership.--
(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 Administrator of the Substance Abuse and Mental
Health Services Administration, the Secretary of
Defense, the Secretary of Agriculture, 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] Assistant Secretary
for Immigration and Customs Enforcement, 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
(including at least 1 representative from the mental
health fields) 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) Chairman and Vice Chairman.--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) Functions.--
(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 5633(a) of this title] the
core requirements. 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) of this section shall collectively,
on an annual basis--
(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 5614(a)(1) of
this title; [and]
(B) not later than [180 days after November
4, 1992] May 3, 2010, submit such
recommendations to the Administrator, the
Chairman of the [Committee on Education and the
Workforce] Committee on Education and Labor of
the House of Representatives, and the Chairman
of the Committee on the Judiciary of the
Senate[.]; and
(C) not later than 120 days after the
completion of the last meeting in any fiscal
year, submit to Congress a report regarding the
recommendations described in subparagraph (A),
which shall--
(i) include a detailed account of the
activities conducted by the Council
during the fiscal year, including a
complete detailed accounting of
expenses incurred by the Coordinating
Council to conduct operations in
accordance with this section;
(ii) be published on the websites of
the Department of Justice and the
Coordinating Council; and
(iii) be in addition to the annual
report required by section 207.
(d) Meetings.--The Council shall meet at least quarterly.
(e) Appointment of Personnel or Staff Support by
Administrator.--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 subchapter.
(f) Expenses of Council Members; Reimbursement.--Members
appointed under subsection (a)(2) of this section 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) Authorization of Appropriations.--Of sums available to
carry out this part, not more than $200,000 shall be available
to carry out this section.
Sec. 5617. Annual report
Not later than 180 days after the end of [a fiscal year]
each 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) A detailed summary and analysis of the most
recent data available regarding the number of juveniles
taken into custody, the rate at which juveniles are
taken into custody, and the trends demonstrated by the
data required by subparagraphs (A), (B), and (C). Such
summary and analysis shall set out the information
required by subparagraphs (A), (B), (C), and (D)
separately for juvenile nonoffenders, juvenile status
offenders, and other juvenile offenders. Such summary
and analysis shall separately address with respect to
each category of juveniles specified in the preceding
sentence--
(A) the types of offenses with which the
juveniles are charged;
(B) the race, ethnicity, and gender of the
juveniles;
(C) the ages of the juveniles;
(D) the types of facilities used to hold the
juveniles (including juveniles treated as
adults for purposes of prosecution) in custody,
including secure detention facilities, secure
correctional facilities, jails, and lockups;
(E) the number of juveniles who died while in
custody and the circumstances under which they
died; [and]
(F) the educational status of juveniles,
including information relating to learning and
other disabilities, failing performance, grade
retention, and dropping out of school[.];
(G) a summary of data from 1 month of the
applicable fiscal year of the use of restraints
and isolation upon juveniles held in the
custody of secure detention and correctional
facilities operated by a State or unit of local
government;
(H) the number of juveniles released from
custody and the type of living arrangement to
which each such juvenile was released;
(I) the number of status offense cases
petitioned to court (including a breakdown by
type of offense and disposition), number of
status offenders held in secure detention, the
findings used to justify the use of secure
detention, and the average period of time a
status offender was held in secure detention;
and
(J) the number of pregnant juveniles held in
the custody of secure detention and
correctional facilities operated by a State or
unit of local government.
(2) A description of the activities for which funds
are expended under this part, including the objectives,
priorities, accomplishments, and recommendations of the
Council.
(3) A description, based on the most recent data
available, of the extent to which each State complies
with section 5633 of this title and with the plan
submitted under such section by the State for such
fiscal year.
(4) An evaluation of the programs funded under this
subchapter and their effectiveness in reducing the
incidence of juvenile delinquency, particularly violent
crime, committed by juveniles.
(5) A description of the criteria used to determine
what programs qualify as evidence based and promising
programs under this title and title V and a
comprehensive list of those programs the Administrator
has determined meet such criteria.
(6) A description of funding provided to Indian
tribes under this Act, including direct Federal grants
and funding provided to Indian tribes through a State
or unit of local government.
(7) An analysis and evaluation of the internal
controls at Office of Juvenile Justice and Delinquency
Prevention to determine if grantees are following the
requirements of Office of Juvenile Justice and
Delinquency Prevention grant programs and what remedial
action Office of Juvenile Justice and Delinquency
Prevention has taken to recover any grant funds that
are expended in violation of the grant programs,
including instances where supporting documentation was
not provided for cost reports, where unauthorized
expenditures occurred, and where subrecipients of grant
funds were not compliant with program requirements.
(8) An analysis and evaluation of the total amount of
payments made to grantees that were recouped by the
Office of Juvenile Justice and Delinquency Prevention
from grantees that were found to be in violation of
policies and procedures of the Office of Juvenile
Justice and Delinquency Prevention grant programs. This
analysis shall include the full name and location of
the grantee, the violation of the program found, the
amount of funds sought to be recouped by the Office of
Juvenile Justice and Delinquency Prevention, and the
actual amount recouped by the Office of Juvenile
Justice and Delinquency Prevention.
* * * * * * *
Sec. 5631. Authority to make grants and contracts
(a) In General.--The Administrator is authorized to make
grants to States and units of local government or combinations
thereof to assist them in planning, establishing, operating,
coordinating, and evaluating projects directly or through
grants and contracts with public and private agencies for the
development of more effective education, training, research,
prevention, diversion, treatment, and rehabilitation programs
in the area of juvenile delinquency and programs to improve the
juvenile justice system.
(b) Technical Assistance.--
(1) With not to exceed [2 percent] 5 percent of the
funds available in a fiscal year to carry out this
part, the Administrator shall make grants to and enter
into contracts with public and private agencies,
organizations, and individuals to provide technical
assistance to States, units of general local
governments (and combinations thereof), and local
private agencies to facilitate compliance with section
5633 of this title and implementation of the State plan
approved under section 5633(c) of this title.
(2) Grants and contracts may be made under paragraph
(1) only to public and private agencies, organizations,
and individuals that have experience in providing such
technical assistance.
Sec. 5632. Allocation of funds
(a) Time; Basis; Amounts.--
(1) Subject to paragraph (2) and in accordance with
regulations promulgated under this part, funds shall be
allocated annually among the States on the basis of
relative population of people under [age eighteen] 18
years of age, based on the most recent census data to
monitor any significant changes in the relative
population of people under 18 years of age occurring in
the States.
(2)(A) Subject to paragraph (3), if the aggregate
amount appropriated for a fiscal year to carry out this
subchapter 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 as is available to be allocated without
reducing the amount of any State or territory's
allocation below the amount allocated for fiscal year
2000 except that the amount allocated to the Virgin
Islands of the United States, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands shall
be not less than $75,000, or such greater 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
2000, each.
(B) Subject to paragraph (3), if the aggregate amount
appropriated for a fiscal year to carry out this
subchapter equals or exceeds $75,000,000, then the
amount allocated to each State for such fiscal year
shall be not less than $600,000, except that the amount
allocated to the Virgin Islands of the United States,
Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands shall be not less than
$100,000, or such greater 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 2000 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
2000, then the amounts allocated to satisfy the
requirements of such paragraph shall be reduced pro
rata to the extent necessary to allocate to such State
for the fiscal year the amount allocated to such State
for fiscal year 2000.
(b) Reallocation of Unobligated Funds.--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, and the Commonwealth of the Northern
Mariana Islands for the same period.
(c)(1) If any amount allocated under subsection (a) is
withheld from a State due to noncompliance with the core
requirements, the funds shall be reallocated for an improvement
grant designed to assist the State in achieving compliance with
the core requirements.
(2) The Administrator shall condition a grant described in
paragraph (1) on--
(A) the State, with the approval of the
Administrator, developing specific action steps
designed to restore compliance with the core
requirements; and
(B) submitting to the Administrator semiannually a
report on progress toward implementing the specific
action steps developed under subparagraph (A).
(3) The Administrator shall provide appropriate and
effective technical assistance directly or through an agreement
with a contractor to assist a State receiving a grant described
in paragraph (1) in achieving compliance with the core
requirements.
[(c)](d) Use of Allocated Funds for Development, etc., of
State Plans; Limitations; Matching Requirements.--In accordance
with regulations promulgated under this part, a portion of any
allocation to any State under this part shall be available to
develop a State plan or for other pre-award activities
associated with such State plan, and to pay that portion of the
expenditures which are necessary for [efficient administration,
including monitoring, evaluation, and one full-time staff
position] effective and efficient administration, including the
designation of at least 1 person to coordinate efforts to
achieve and sustain compliance with the core requirements. Not
more than 10 percent of the total annual allocation of such
State shall be available for such purposes except that any
amount expended or obligated by such State, or by units of
local government or any combination thereof, from amounts made
available under this subsection shall be matched (in an amount
equal to any such amount so expended or obligated) by such
State, or by such units or combinations, from State or local
funds, as the case may be. The State shall make available
needed funds for planning and administration to units of local
government or combinations thereof within the State on an
equitable basis.
[(d)](e) Minimum Annual Allocation for Assistance of
Advisory Group.--In accordance with regulations promulgated
under this part, [5 per centum of the minimum] not more than 5
percent of the annual allocation to any State under this part
shall be available to assist the advisory group established
under section 5633(a)(3) of this title.
Sec. 5633. State plans
(a) Requirements.--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 annually to include new programs, projects, and
activities. 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.
Not later than 30 days after the date on which a plan or
amended plan submitted under this subsection is finalized, a
State shall make the plan or amended plan publicly available by
posting the plan or amended plan on a publicly available
website. In accordance with regulations which the Administrator
shall prescribe, such plan shall--
(1) designate the State agency described in section
5671(c)(1) of this title as the sole agency for
supervising the preparation and administration of the
plan;
(2) contain satisfactory evidence that the State
agency designated in accordance with paragraph (1) has
or will have authority, by legislation if necessary, to
implement such plan in conformity with this part;
(3) provide for an advisory group, that--
(A) shall consist of not less than 15 and not
more than 33 members appointed by the chief
executive officer of the State--
(i) which members have training,
experience, or special knowledge
concerning the prevention and treatment
of juvenile delinquency, the
administration of juvenile justice, or
the reduction of juvenile delinquency;
(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]
publicly supported court-
appointed legal counsel for
children and you charged in
delinquency matters, and
probation workers;
(III) representatives of
public agencies concerned with
delinquency prevention or
treatment, such as welfare,
social services, [mental
health, education, special
education] children's mental
health, education, child and
adolescent substance abuse,
special education, services for
youth with disabilities,
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] delinquent youth
or youth at risk of
delinquency, including
volunteers who work with youth
of color;
(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) the executive director
or the designee of the
executive director of a public
or nonprofit entity that is
located in the State and
receiving a grant under part A
of title III;
(IX) persons with expertise
and competence in preventing
and addressing mental health or
substance abuse needs in
juvenile delinquents and those
at-risk of delinquency;
(X) representatives of victim
or witness advocacy groups; and
[(VIII)](XI) persons with
special experience and
competence in addressing
problems related to learning
[disabilities] and other
disabilities, truancy reduction
or school failure, emotional
difficulties, child abuse and
neglect, and youth violence;
(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 and delinquency
prevention grant applications submitted to the
State agency designated under paragraph (1);
(D) shall, consistent with this subchapter--
(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 (11), (12),
and (13)] core requirements; and
(iii) contact and seek regular input
from juveniles currently under the
jurisdiction of the juvenile justice
system; and
(E) may, consistent with this subchapter--
(i) advise on State supervisory board
and local criminal justice advisory
board composition; and
(ii) review progress and
accomplishments of projects funded
under the State plan.
(4) provide for the active consultation with and
participation of units of local government or
combinations thereof in the development of a State plan
which adequately takes into account the needs and
requests of units of local government, except that
nothing in the plan requirements, or any regulations
promulgated to carry out such requirements, shall be
construed to prohibit or impede the State from making
grants to, or entering into contracts with, local
private agencies or the advisory group;
(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 5632 of this title
reduced by the percentage (if any) specified by the
State under the authority of paragraph (25) and
excluding funds made available to the State advisory
group under [section 5632(d)] section 5632(e) of this
title, shall be expended--
(A) through programs of units of local
government or combinations thereof, to the
extent such programs are consistent with the
State plan;
(B) through programs of local private
agencies, to the extent such programs are
consistent with the State plan, except that
direct funding of any local private agency by a
State shall be permitted only if such agency
requests such funding after it has applied for
and been denied funding by any unit of local
government or combination thereof; and
(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
(11), (12), and (13), applicable to the
detention and confinement of juveniles] Indian
tribes that agree to attempt to comply with the
core requirements 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 for an equitable distribution of the
assistance received under section 5632 of this title
within the State, including in rural areas;
(7)(A) provide for an analysis of juvenile
delinquency problems in, and the juvenile delinquency
control and delinquency prevention needs (including
educational needs) of, the State [(including any
geographical area in which an Indian tribe performs law
enforcement functions)] (including any geographical
area of which an Indian tribe has jurisdiction), 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 and delinquency
prevention needs (including educational needs) 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;]
(i) a plan for ensuring that the chief
executive officer of the State, State
legislature, and all appropriate public
agencies in the State with responsibility for
provision of services to children, youth and
families are informed of the requirements of
the State plan and compliance with the core
requirements;
(ii) a plan for providing needed gender-
specific services for the prevention and
treatment of juvenile delinquency;
(iii) a plan for providing needed services
for the prevention and treatment of juvenile
delinquency in rural areas; [and]
[(iv) a plan for providing needed mental
health services to juveniles in the juvenile
justice system, including information on how
such plan is being implemented and how such
services will be targeted to those juveniles in
such system who are in greatest need of such
services;]
(iv) a plan to provide alternatives to
detention, including diversion to home-based or
community-based services that are culturally
and linguistically competent or treatment for
those youth in need of mental health, substance
abuse, or co-occurring disorder services at the
time such juveniles first come into contact
with the juvenile justice system;
(v) a plan to reduce the number of children
housed in secure detention and corrections
facilities who are awaiting placement in
residential treatment programs;
(vi) a plan to engage family members in the
design and delivery of juvenile delinquency
prevention and treatment services, particularly
post-placement; and
(vii) a plan to use community-based services
to address the needs of at-risk youth or youth
who have come into contact with the juvenile
justice system;
(8) provide for the coordination and maximum
utilization of [existing] evidence based and promising
juvenile delinquency programs, programs operated by
public and private agencies and organizations, and
other related programs (such as education, special
education, recreation, health, and welfare programs) in
the State;
(9) provide that not less than 75 percent of the
funds available to the State under section 5632 of this
title, other than funds made available to the State
advisory group under [section 5632(d)] section 5632(e)
of this title, whether expended directly by the State,
by the unit of 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, including--
(i) for status offenders and other
youth who need temporary placement:
crisis intervention, shelter, and
after-care; and
(ii) 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] status offenders, other youth,
and the parents and other family
members of such offenders and youth to
strengthen families, including parent
self-help groups, so that juveniles may
[be retained] remain 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;
(C) comprehensive juvenile justice 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) 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) providing training and technical
assistance to, and consultation with, juvenile
justice and child welfare agencies of States
and units of local government to develop
coordinated plans for early intervention and
treatment of youth who have a history of abuse
and juveniles who have prior involvement with
the juvenile justice system;
[(E)](F) educational programs or supportive
services for delinquent or other 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
(iii) to enhance coordination with
the local schools that such juveniles
would otherwise attend, to ensure
that--
(I) the instruction that
juveniles receive outside
school is closely aligned with
the instruction provided in
school; and
(II) information regarding
any learning problems
identified in such alternative
learning situations are
communicated to the schools;
[(F)](G) [expanding] programs to expand the
use of probation officers--
(i) particularly for the purpose of
permitting nonviolent juvenile
offenders (including status offenders)
to remain at home with their families
as an alternative to incarceration or
institutionalization; and
(ii) to ensure that juveniles follow
the terms of their probation;
(H) programs to improve the recruitment,
selection, training, and retention of
professional personnel in the fields of
medicine, law enforcement, judiciary, juvenile
justice, social work and child protection,
education, and other relevant fields who are
engaged in, or intend to work in, the field of
prevention, identification, and treatment of
delinquency;
(I) expanding access to publicly supported,
court-appointed legal counsel and enhancing
capacity for the competent representation of
every child;
[(G)](J) counseling, training, and mentoring
programs, which may be in support of academic
tutoring, vocational and technical training,
and drug and violence prevention counseling,
that are designed to link at-risk juveniles,
juvenile offenders, or juveniles who have a
parent or legal guardian who is or was
incarcerated in a Federal, State, or local
correctional facility or who is otherwise under
the jurisdiction of a Federal, State, or local
criminal justice system, particularly juveniles
residing in low-income and high-crime areas and
juveniles experiencing educational failure,
with responsible individuals (such as law
enforcement officials, Department of Defense
personnel, individuals working with local
businesses, and individuals working with
community-based and faith-based organizations
and agencies) who are properly screened and
trained;
[(H)](K) 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 juveniles with disabilities;
[(I)](L) projects designed both to deter
involvement in illegal activities and to
promote involvement in lawful activities on the
part of gangs whose membership is substantially
composed of youth;
[(J)](M) programs and projects designed to
provide for the treatment of youths' dependence
on or abuse of alcohol or other addictive or
nonaddictive drugs;
[(K)](N) 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; and
(v) a sense of closeness in
interpersonal relationships;
[(L)](O) 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] alternatives
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, 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;
[(M)](P) 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;
[(N)](Q) 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 other
barriers that may prevent the complete
treatment of such juveniles and the
preservation of their families;
[(O)](R) programs designed to prevent and
reduce hate crimes committed by juveniles;
[(P)](S) after-school programs that provide
at-risk juveniles and juveniles in the juvenile
justice system with a range of age-appropriate
activities, including tutoring, mentoring, and
other educational and enrichment activities;
[(Q)](T) community-based programs that
provide follow-up post-placement services to
adjudicated juveniles, to promote successful
reintegration into the community;
[(R)](U) projects designed to develop and
implement programs to protect the rights of
juveniles affected by the juvenile justice
system; and
[(S)](V) programs designed to provide mental
health services for incarcerated juveniles
suspected to be in need of such services,
including assessment, development of
individualized treatment plans, and discharge
plans[.];
(10) provide for the development of an adequate
research, training, and evaluation capacity within the
State;
(11) shall, in accordance with rules issued by the
Administrator, provide that--
(A) juveniles who are charged with or who
have committed an offense that would not be
criminal if committed by an adult, excluding--
(i) juveniles who are charged with or
who have committed a violation of
section 922(x)(2) of Title 18 or of a
similar State law;
(ii) juveniles who are charged with
or who have committed a violation of a
valid court order; and
(iii) juveniles who are held in
accordance with the Interstate Compact
on Juveniles as enacted by the State;
shall not be placed in secure detention
facilities or secure correctional facilities;
[and]
(B) juveniles--
(i) who are not charged with any
offense; and
(ii) who are--
(I) aliens; or
(II) alleged to be dependent,
neglected, or abused;
shall not be placed in secure detention
facilities or secure correctional
facilities; and
(C) encourage the use of community-based
alternatives to secure detention, including
programs of public and nonprofit entities
receiving a grant under part A of title III;
(12) provide that--
(A) juveniles alleged to be or found to be
delinquent or juveniles within the purview of
paragraph (11) will not be detained or confined
in any institution in which they have [contact]
sight and sound contact with adult inmates; and
(B) there is in effect in the State a policy
that requires individuals who work with both
such juveniles and such adult inmates,
including in collocated facilities, have been
trained and certified to work with juveniles;
(13) provide that no juvenile will be detained or
confined in any jail or lockup for adults except--
(A) juveniles who are accused of nonstatus
offenses and who are detained in such jail or
lockup for a period not to exceed 6 hours--
(i) for processing or release;
(ii) while awaiting transfer to a
juvenile facility; or
(iii) in which period such juveniles
make a court appearance;
and only if such juveniles do not have
[contact] sight and sound contact with adult
inmates and only if there is in effect in the
State a policy that requires individuals who
work with both such juveniles and adult inmates
in collocated facilities have been trained and
certified to work with juveniles;
(B) juveniles who are accused of nonstatus
offenses, who are awaiting an initial court
appearance that will occur within 48 hours
after being taken into custody (excluding
Saturdays, Sundays, and legal holidays), and
who are detained in a jail or lockup--
(i) in which--
(I) such juveniles do not
have [contact] sight and sound
contact with adult inmates; and
(II) there is in effect in
the State a policy that
requires individuals who work
with both such juveniles and
adults inmates in collocated
facilities have been trained
and certified to work with
juveniles; and
(ii) that--
(I) is located outside a
metropolitan statistical area
(as defined by the Office of
Management and Budget) and has
no existing acceptable
alternative placement
available;
(II) is located where
conditions of distance to be
traveled or the lack of
highway, road, or
transportation do not allow for
court appearances within 48
hours (excluding Saturdays,
Sundays, and legal holidays) so
that a brief (not to exceed an
additional 48 hours) delay is
excusable; or
(III) is located where
conditions of safety exist
(such as severe 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
reasonable safe travel;
(14) require that--
(A) not later than 3 years after the date of
enactment of the Juvenile Justice and
Delinquency Prevention Reauthorization Act of
2009, unless a court finds, after a hearing and
in writing, that it is in the interest of
justice, juveniles awaiting trial or other
legal process who are treated as adults for
purposes of prosecution in criminal court and
housed in a secure facility--
(i) shall not have sight and sound
contact with adult inmates; and
(ii) except as provided in paragraph
(13), may not be held in any jail or
lockup for adults;
(B) in determining under subparagraph (A)
whether it is in the interest of justice to
permit a juvenile to be held in any jail or
lockup for adults, or have sight and sound
contact with adult inmates, a court shall
consider--
(i) the age of the juvenile;
(ii) the physical and mental maturity
of the juvenile;
(iii) the present mental state of the
juvenile, including whether the
juvenile presents an imminent risk of
harm to the juvenile;
(iv) the nature and circumstances of
the alleged offense;
(v) the juvenile's history of prior
delinquent acts;
(vi) the relative ability of the
available adult and juvenile detention
facilities to meet the specific needs
of the juvenile and to protect the
public;
(vii) whether placement in a juvenile
facility will better serve the long-
term interests of the juvenile and be
more likely to prevent recidivism;
(viii) the availability of programs
designed to treat the juvenile's
behavioral problems; and
(ix) any other relevant factor; and
(C) if a court determines under subparagraph
(A) that it is in the interest of justice to
permit a juvenile to be held in any jail or
lockup for adults, or have sight and sound
contact with adult inmates--
(i) the court shall hold a hearing
not less frequently than once every 30
days to review whether it is still in
the interest of justice to permit the
juvenile to be so held or have such
sight and sound contact; and
(ii) the juvenile shall not be held
in any jail or lockup for adults, or
permitted to have sight and sound
contact with adult inmates, for more
than 180 days, unless the court, in
writing, determines there is good cause
for an extension or the juvenile
expressly waives this limitation;
(15) implement policy, practice, and system
improvement strategies at the State, territorial,
local, and tribal levels, as applicable, to identify
and reduce racial and ethnic disparities among youth
who come into contact with the juvenile justice system,
without establishing or requiring numerical standards
or quotas, by--
(A) establishing coordinating bodies,
composed of juvenile justice stakeholders at
the State, local, or tribal levels, to oversee
and monitor efforts by States, units of local
government, and Indian tribes to reduce racial
and ethnic disparities;
(B) identifying and analyzing key decision
points in State, local, or tribal juvenile
justice systems to determine which points
create racial and ethnic disparities among
youth who come into contact with the juvenile
justice system;
(C) developing and implementing data
collection and analysis systems to identify
where racial and ethnic disparities exist in
the juvenile justice system and to track and
analyze such disparities;
(D) developing and implementing a work plan
that includes measurable objectives for policy,
practice, or other system changes, based on the
needs identified in the data collection and
analysis under subparagraphs (B) and (C); and
(E) publicly reporting, on an annual basis,
the efforts made in accordance with
subparagraphs (B), (C), and (D);
[(14)](16) provide for an [adequate system] effective
system of monitoring jails, detention facilities,
correctional facilities, and non-secure facilities to
insure that the [requirements of paragraphs (11), (12),
and (13) are met, and for annual reporting of the
results of such monitoring to the Administrator] the
core requirements are met, and for annual reporting to
the Administrator of such plan, including the results
of such monitoring and all related enforcement and
educational activities, 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 paragraphs (11) 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;
[(15)](17) provide assurance that youth in the
juvenile justice system are treated equitably on the
basis of gender, race, ethnicity, family income, and
disability;
[(16)](18) 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);
[(17)](19) 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;
[(18)](20) provide assurances that--
(A) any assistance provided under this
chapter will not cause the displacement
(including a partial displacement, such as a
reduction in the hours of nonovertime work,
wages, or employment benefits) of any currently
employed employee;
(B) activities assisted under this chapter
will not impair an existing collective
bargaining relationship, contract for services,
or collective bargaining agreement; and
(C) no such activity that would be
inconsistent with the terms of a collective
bargaining agreement shall be undertaken
without the written concurrence of the labor
organization involved;
[(19)](21) provide for such fiscal control and fund
accounting procedures necessary to assure prudent use,
proper disbursement, and accurate accounting of funds
received under this subchapter;
[(20)](22) provide reasonable assurance 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;
[(21)](23) provide that the State agency designated
under paragraph (1) will--
(A) to the extent practicable give priority
in funding to programs and activities that are
based on rigorous, systematic, and objective
research that is scientifically based;
(B) from time to time, but not less 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, that it considers
necessary; and
(C) not expend funds to carry out a program
if the recipient of funds who carried out such
program during the preceding 2-year period
fails to demonstrate, before the expiration of
such 2-year period, that such program achieved
substantial success in achieving the goals
specified in the application submitted by such
recipient to the State agency;
[(22) address juvenile delinquency prevention efforts
and system improvement efforts designed to reduce,
without establishing or requiring numerical standards
or quotas, the disproportionate number of juvenile
members of minority groups, who come into contact with
the juvenile justice system;]
[(23)](24) provide that if a juvenile is taken into
custody for violating a valid court order issued for
committing a status offense--
(A) an appropriate public agency shall be
promptly notified that such juvenile is held in
custody for violating such order;
(B) not later than 24 hours during which such
juvenile is so held, an authorized
representative of such agency shall interview,
in person, such juvenile; [and]
(C) not later than 48 hours during which such
juvenile is so held--
(i) such representative shall submit
an assessment to the court that issued
such order, regarding the immediate
needs of such juvenile; [and]
(ii) such court shall conduct a
hearing to determine--
(I) whether there is
reasonable cause to believe
that such juvenile violated
such order; and
(II) the appropriate
placement of such juvenile
pending disposition of the
violation alleged; and
(iii) if such court determines the
juvenile should be placed in a secure
detention facility or correctional
facility for violating such order--
(I) the court shall issue a
written order that--
(aa) identifies the
valid court order that
has been violated;
(bb) specifies the
factual basis for
determining that there
is reasonable cause to
believe that the
juvenile has violated
such order;
(cc) includes
findings of fact to
support a determination
that there is no
appropriate less
restrictive alternative
available to placing
the juvenile in such a
facility, with due
consideration to the
best interest of the
juvenile;
(dd) specifies the
length of time, not to
exceed 7 days, that the
juvenile may remain in
a secure detention
facility or
correctional facility,
and includes a plan for
the juvenile's release
from such facility; and
(ee) may not be
renewed or extended;
and
(II) the court may not issue
a second or subsequent order
described in subclause (I)
relating to a juvenile, unless
the juvenile violates a valid
court order after the date on
which the court issues an order
described in subclause (I);
(D) there are procedures in place to ensure
that any juvenile held in a secure detention
facility or correctional facility pursuant to a
court order described in this paragraph does
not remain in custody longer than 7 days or the
length of time authorized by the court,
whichever is shorter; and
(E) not later than 3 years after the date of
enactment of the Juvenile Justice and
Delinquency Prevention Reauthorization Act of
2009 with a 1-year extension for each
additional year that the State can demonstrate
hardship as determined by the Administrator,
the State will eliminate the use of valid court
orders to provide secure lockup of status
offenders;
[(24)](25) provide an assurance that if the State
receives under section 5632 of this title for any
fiscal year an amount that exceeds 105 percent of the
amount the State received under such section for fiscal
year 2000, all of such excess shall be expended through
or for programs that are part of a comprehensive and
coordinated community system of services;
[(25)](26) specify a percentage (if any), not to
exceed 5 percent, of funds received by the State under
section 5632 of this title (other than funds made
available to the State advisory group under [section
5632(d)] section 5632(e) of this title) that the State
will reserve for expenditure by the State to provide
incentive grants to units of general local government
that reduce the caseload of probation officers within
such units;
[(26)](27) provide that the State, to the maximum
extent practicable, and in accordance with
confidentiality concerns, will implement a system to
ensure that if a juvenile is before a court in the
juvenile justice system, public child welfare records
(including child protective services records) relating
to such juvenile that are on file in the geographical
area under the jurisdiction of such court will be made
known to such court[;], so as to provide for--
(A) a compilation of data reflecting
information on juveniles entering the juvenile
justice system with a prior reported history as
victims of child abuse or neglect through
arrest, court intake, probation and parole,
juvenile detention, and corrections; and
(B) a plan to use the data described in
subparagraph (A) to provide necessary services
for the treatment of victims of child abuse and
neglect who have entered, or are at risk of
entering, the juvenile justice system;
[(27)](28) [establish policies] establish protocols,
policies, procedures, and systems to incorporate
relevant child protective services records into
juvenile justice records for purposes of establishing
and implementing treatment plans for juvenile
offenders; [and]
[(28)](29) provide assurances that juvenile offenders
whose placement is funded through section 672 of this
title receive the protections specified in section 671
of this title, including a case plan and case plan
review as defined in section 675 of this title[.];
(30) provide for the coordinated use of funds
provided under this Act with other Federal and State
funds directed at juvenile delinquency prevention and
intervention programs;
(31) develop policies and procedures, and provide
training for facility staff to eliminate the use of
dangerous practices, unreasonable restraints, and
unreasonable isolation, including by developing
effective behavior management techniques;
(32) describe--
(A) how the State will ensure that mental
health and substance abuse screening,
assessment, referral, and treatment for
juveniles in the juvenile justice system
includes efforts to implement an evidence-based
mental health and substance abuse disorder
screening and assessment program for all
juveniles held in a secure facility for a
period of more than 24 hours that provides for
1 or more initial screenings and, if an initial
screening of a juvenile demonstrates a need,
further assessment;
(B) the method to be used by the State to
provide screening and, where needed,
assessment, referral, and treatment for youth
who request or show signs of needing mental
health or substance abuse screening,
assessment, referral, or treatment during the
period after the initial screening that the
youth is incarcerated;
(C) the method to be used by the State to
provide or arrange for mental health and
substance abuse disorder treatment for
juveniles determined to be in need of such
treatment; and
(D) the policies of the State designed to
develop and implement comprehensive
collaborative State or local plans to meet the
service needs of juveniles with mental health
or substance abuse needs who come into contact
with the justice system and the families of the
juveniles;
(33) provide procedural safeguards to adjudicated
juveniles, including--
(A) a written case plan for each juvenile,
based on an assessment of the needs of the
juvenile and developed and updated in
consultation with the juvenile, the family of
the juvenile, and, if appropriate, counsel for
the juvenile, that--
(i) describes the pre-release and
post-release programs and reentry
services that will be provided to the
juvenile;
(ii) describes the living arrangement
to which the juvenile is to be
discharged; and
(iii) establishes a plan for the
enrollment of the juvenile in post-
release health care, behavioral health
care, educational, vocational,
training, family support, public
assistance, and legal services
programs, as appropriate;
(B) as appropriate, a hearing that--
(i) shall take place in a family or
juvenile court or another court
(including a tribal court) of competent
jurisdiction, or by an administrative
body appointed or approved by the
court, not earlier than 30 days before
the date on which the juvenile is
scheduled to be released, and at which
the juvenile would be represented by
counsel; and
(ii) shall determine the discharge
plan for the juvenile, including a
determination of whether a safe,
appropriate, and permanent living
arrangement has been secured for the
juvenile and whether enrollment in
health care, behavioral health care,
educational, vocational, training,
family support, public assistance and
legal services, as appropriate, has
been arranged for the juvenile; and
(C) policies to ensure that discharge
planning and procedures--
(i) are accomplished in a timely
fashion prior to the release from
custody of each adjudicated juvenile;
and
(ii) do not delay the release from
custody of the juvenile; and
(34) provide a description of the use by the State of
funds for reentry and aftercare services for juveniles
released from the juvenile justice system.
(b) Approval by State Agency.--The State agency designated
under subsection (a)(1) of this section, after receiving and
considering the advice and recommendations of the advisory
group referred to in subsection (a) of this section, shall
approve the State plan and any modification thereof prior to
submission to the Administrator.
(c) Compliance With Statutory Requirements.--If a State
fails to comply with any of the [applicable requirements of
paragraphs (11), (12), (13), and (22) of subsection (a)] core
requirements of this section in any fiscal year beginning after
September 30, [2001] 2010, then--
(1) subject to paragraph (2), the amount allocated to
such State under section 5632 of this title for [the
subsequent fiscal year] that fiscal year shall be
reduced by not less than 20 percent for each such
paragraph with respect to which the failure occurs[,
and];
(2) the State shall be ineligible to receive any
allocation under such section for such fiscal year
unless--
(A) the State agrees to expend 50 percent of
the amount allocated to the State for such
fiscal year to achieve compliance with any such
paragraph with respect to which the State is in
noncompliance; or
(B) the Administrator determines that the
State--
(i) has achieved substantial
compliance with such applicable
requirements with respect to which the
State was not in compliance; and
(ii) has made, through appropriate
executive, administrative, or
legislative action, an unequivocal
commitment to achieving full compliance
with such applicable requirements
within a reasonable time[.], as
specified in section 222(c); and
(3) the State shall submit to the Administrator a
report detailing the reasons for noncompliance with the
core requirements, including the plan of the State to
regain full compliance, and the State shall make
publicly available such report, not later than 30 days
after the date on which the Administrator approves the
report, by posting the report on a publicly available
website.
(d) Nonsubmission or Nonqualification of Plan; Expenditure
of Allotted Funds; Availability of Reallocated Funds.--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 3783,
3784, and 3785 of this title, determines does not meet the
requirements of this section, the Administrator shall endeavor
to make that State's allocation under the provisions of section
5632(a) of this title, excluding funds the Administrator shall
make available to satisfy the requirement specified in [section
5632(d)] section 222(e) of this title, available to local
public and private nonprofit agencies within such State for use
in carrying out activities of the kinds [described in
paragraphs (11), (12), (13), and (22) of subsection (a)]
described in the core requirements of this section. 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 and to those States that have achieved full
compliance with [the requirements under paragraphs (11), (12),
(13), and (22) of subsection (a)] the core requirements of this
section.
(e) Notwithstanding any other provision of law, the
Administrator shall establish appropriate administrative and
supervisory board membership requirements for a State agency
designated under subsection (a)(1) of this section and permit
the State advisory group appointed under subsection (a)(3) of
this section to operate as the supervisory board for such
agency, at the discretion of the chief executive officer of the
State.
[(f) Technical Assistance.--
[(1) In general.--The Administrator shall provide
technical and financial assistance to an eligible
organization composed of member representatives of the
State advisory groups appointed under subsection (a)(3)
of this section to assist such organization to carry
out the functions specified in paragraph (2).
[(2) Assistance.--To be eligible to receive such
assistance, such organization shall agree to carry out
activities that include--
[(A) conducting an annual conference of such
member representatives for purposes relating to
the activities of such State advisory groups;
[(B) disseminating information, data,
standards, advanced techniques, and program
models;
[(C) reviewing Federal policies regarding
juvenile justice and delinquency prevention;
[(D) advising the Administrator with respect
to particular functions or aspects of the work
of the Office; and
[(E) advising the President and Congress with
regard to State perspectives on the operation
of the Office and Federal legislation
pertaining to juvenile justice and delinquency
prevention.]
(f) Compliance Determination.--
(1) In general.--Not later than 60 days after the
date of receipt of information indicating that a State
may be out of compliance with any of the core
requirements, the Administrator shall determine whether
the State is in compliance with the core requirements.
(2) Reporting.--The Administrator shall--
(A) issue an annual public report--
(i) describing any determination
described in paragraph (1) made during
the previous year, including a summary
of the information on which the
determination is based and the actions
to be taken by the Administrator
(including a description of any
reduction imposed under subsection
(c)); and
(ii) for any such determination that
a State is out of compliance with any
of the core requirements, describing
the basis for the determination; and
(B) make the report described in subparagraph
(A) available on a publicly available website.
(g) Technical Assistance.--
(1) Organization of state advisory group member
representatives.--The Administrator shall provide
technical and financial assistance to an agency,
institution, or organization to assist in carrying out
the activities described in paragraph (3). The
functions and activities of an agency, institution, or
organization under this subsection shall not be subject
to the Federal Advisory Committee Act.
(2) Composition.--To be eligible to receive
assistance under this subsection, an agency,
institution, or organization shall--
(A) be governed by individuals who--
(i) have been appointed by a chief
executive of a State to serve as a
member of a State advisory group
established under subsection (a)(3);
and
(ii) are elected to serve as a
governing officer of such an agency,
institution, or organization by a
majority of the member Chairs (or the
designees of the member Chairs) of all
State advisory groups established under
subsection (a)(3);
(B) include member representatives--
(i) from a majority of the State
advisory groups established under
subsection (a)(3); and
(ii) who are representative of
regionally and demographically diverse
State jurisdictions; and
(C) annually seek advice from the Chairs (or
the designees of the member Chairs) of each
State advisory group established under
subsection (a)(3) to implement the advisory
functions specified in subparagraphs (D) and
(E) of paragraph (3) of this subsection.
(3) Activities.--To be eligible to receive assistance
under this subsection, an agency, institution, or
organization shall agree to--
(A) conduct an annual conference of the
member representatives of the State advisory
groups established under subsection (a)(3) for
purposes relating to the activities of such
State advisory groups;
(B) disseminate information, data, standards,
advanced techniques, and program models;
(C) review Federal policies regarding
juvenile justice and delinquency prevention;
(D) advise the Administrator regarding
particular functions or aspects of the work of
the Office; and
(E) advise the President and Congress
regarding State perspectives on the operation
of the Office and Federal legislation relating
to juvenile justice and delinquency prevention.
* * * * * * *
Sec. 5651. Authority to make grants
(a) Grants to Eligible States.--The Administrator may make
grants to eligible States, from funds allocated under section
5652 of this title, for the purpose of providing financial
assistance to eligible entities to carry out projects designed
to prevent juvenile delinquency, including--
(1) projects that provide treatment (including
treatment for mental health problems) to status
offenders, juvenile offenders, and juveniles who are at
risk of becoming juvenile offenders, who are victims of
child abuse or neglect or who have experienced violence
in their homes, at school, or in the community, and to
their families, in order to reduce the likelihood that
such juveniles will commit violations of law;
(2) educational projects or supportive services for
delinquent or other juveniles--
(A) to encourage juveniles to remain in
elementary and secondary schools or in
alternative learning situations in educational
settings;
(B) to provide services to assist juveniles
in making the transition to the world of work
and self-sufficiency;
(C) to assist in identifying learning
difficulties (including learning disabilities);
(D) to prevent unwarranted and arbitrary
suspensions and expulsions;
(E) to encourage new approaches and
techniques with respect to the prevention of
school violence and vandalism;
(F) which assist law enforcement personnel
and juvenile justice personnel to more
effectively recognize and provide for learning-
disabled and other juveniles with disabilities;
(G) which develop locally coordinated
policies and programs among education, juvenile
justice, and social service agencies; or
(H) to provide services to juveniles with
serious mental and emotional disturbances (SED)
in need of mental health services;
(3) projects which expand the use of probation
officers--
(A) particularly for the purpose of
permitting nonviolent juvenile offenders
(including status offenders) to remain at home
with their families as an alternative to
incarceration or institutionalization; and
(B) to ensure that juveniles follow the terms
of their probation;
(4) counseling, training, and mentoring programs,
which may be in support of academic tutoring,
vocational and technical training, and drug and
violence prevention counseling, that are designed to
link at-risk juveniles, juvenile offenders, or
juveniles who have a parent or legal guardian who is or
was incarcerated in a Federal, State, or local
correctional facility or who is otherwise under the
jurisdiction of a Federal, State, or local criminal
justice system, particularly juveniles residing in low-
income and high-crime areas and juveniles experiencing
educational failure, with responsible individuals (such
as law enforcement officers, Department of Defense
personnel, individuals working with local businesses,
and individuals working with community-based and faith-
based organizations and agencies) who are properly
screened and trained;
(5) community-based projects and services (including
literacy and social service programs) which work with
[juvenile offenders and juveniles] status offenders,
juvenile offenders, and juveniles who are at risk of
becoming juvenile offenders, including those from
families with limited English-speaking proficiency,
their parents, their siblings, and other family members
during and after incarceration of the juvenile
offenders, in order to strengthen families, to allow
juvenile offenders to be retained in their homes, and
to prevent the involvement of other juvenile family
members in delinquent activities;
(6) projects designed to provide for the treatment
(including mental health services) of juveniles for
dependence on or abuse of alcohol, drugs, or other
harmful substances;
(7) projects which leverage funds to provide
scholarships for postsecondary education and training
for low-income juveniles who reside in neighborhoods
with high rates of poverty, violence, and drug-related
crimes;
(8) projects which provide for an initial intake
screening of each juvenile taken into custody--
(A) to determine the likelihood that such
juvenile will commit a subsequent offense; and
(B) to provide appropriate interventions
(including mental health services) to prevent
such juvenile from committing subsequent
offenses;
(9) projects (including school- or community-based
projects) that are designed to prevent, and reduce the
rate of, 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 and that involve, to the
extent practicable, families and other community
members (including law enforcement personnel and
members of the business community) in the activities
conducted under such projects;
(10) comprehensive juvenile justice and delinquency
prevention projects that meet the needs of juveniles
through the collaboration of the many local service
systems juveniles encounter, including schools, courts,
law enforcement agencies, child protection agencies,
mental health agencies, welfare services, health care
agencies (including collaboration on appropriate
prenatal care for pregnant juvenile offenders), private
nonprofit agencies, and public recreation agencies
offering services to juveniles, including juveniles
with disabilities;
(11) to develop, implement, and support, in
conjunction with public and private agencies,
organizations, and businesses, projects for the
employment of juveniles and referral to job training
programs (including referral to Federal job training
programs);
(12) delinquency prevention activities which involve
youth clubs, sports, recreation and parks, peer
counseling and teaching, the arts, leadership
development, community service, volunteer service,
before- and after-school programs, violence prevention
activities, mediation skills training, camping,
environmental education, ethnic or cultural enrichment,
tutoring, and academic enrichment;
(13) to establish policies and systems to incorporate
relevant child protective services records into
juvenile justice records for purposes of establishing
treatment plans for juvenile offenders;
(14) programs that encourage social competencies,
problem-solving skills, and communication skills, youth
leadership, and civic involvement;
(15) programs that focus on the needs of young girls
at-risk of delinquency or status offenses;
(16) projects which provide for--
(A) an assessment by a qualified mental
health professional of incarcerated juveniles
who are suspected to be in need of mental
health services;
(B) the development of an individualized
treatment plan for those incarcerated juveniles
determined to be in need of such services;
(C) the inclusion of a discharge plan for
incarcerated juveniles receiving mental health
services that addresses aftercare services; and
(D) all juveniles receiving psychotropic
medications to be under the care of a licensed
mental health professional;
(17) after-school programs that provide at-risk
juveniles and juveniles in the juvenile justice system
with a range of age-appropriate activities, including
tutoring, mentoring, truancy prevention and reduction,
and other educational and enrichment activities;
(18) programs related to the establishment and
maintenance of a school violence hotline, based on a
public-private partnership, that students and parents
can use to report suspicious, violent, or threatening
behavior to local school and law enforcement
authorities;
(19) programs (excluding programs to purchase guns
from juveniles) designed to reduce the unlawful
acquisition and illegal use of guns by juveniles,
including partnerships between law enforcement
agencies, health professionals, school officials,
firearms manufacturers, consumer groups, faith-based
groups and community organizations;
(20) programs designed to prevent animal cruelty by
juveniles and to counsel juveniles who commit animal
cruelty offenses, including partnerships among law
enforcement agencies, animal control officers, social
services agencies, and school officials;
(21) programs that provide suicide prevention
services for incarcerated juveniles and for juveniles
leaving the incarceration system;
(22) programs to establish partnerships between State
educational agencies and local educational agencies for
the design and implementation of character education
and training programs that reflect the values of
parents, teachers, and local communities, and
incorporate elements of good character, including
honesty, citizenship, courage, justice, respect,
personal responsibility, and trustworthiness;
(23) programs that foster strong character
development in at-risk juveniles and juveniles in the
juvenile justice system;
(24) local programs that provide for immediate
psychological evaluation and follow-up treatment
(including evaluation and treatment during a mandatory
holding period for not less than 24 hours) for
juveniles who bring a gun on school grounds without
permission from appropriate school authorities; [and]
(25) projects that support the establishment of
partnerships between a State and a university,
institution of higher education, or research center
designed to improve the recruitment, selection,
training, and retention of professional personnel in
the fields of medicine, law enforcement, judiciary,
juvenile justice, social work and child protection,
education, and other relevant fields who are engaged
in, or intend to work in, the field of prevention,
identification, and treatment of delinquency; and
[(25)](26) other activities that are likely to
prevent juvenile delinquency.
(b) Grants to Eligible Indian Tribes.--The Administrator
may make grants to eligible Indian tribes from funds allocated
under section 5652(b) of this title, to carry out projects of
the kinds described in subsection (a) of this section.
* * * * * * *
Sec. 5656. Grants to Indian tribes
(a) Eligibility.--
(1) Application.--To be eligible to receive a grant
under section 5651(b) of this title, an Indian tribe
shall submit to the Administrator an application in
accordance with this section, in such form and
containing such information as the Administrator may
require by rule.
(2) Plans.--Such application shall include a plan for
conducting programs, projects, and activities described
in section 5651(a) of this title, which plan shall--
[(A) provide evidence that the applicant
Indian tribe performs law enforcement functions
(as determined by the Secretary of the
Interior);]
[(B)](A) identify the juvenile justice and
delinquency problems and juvenile delinquency
prevention needs to be addressed by activities
conducted with funds provided by the grant for
which such application is submitted, by the
Indian tribe in the geographical area under the
jurisdiction of the Indian tribe;
[(C)](B) provide for fiscal control and
accounting procedures that--
(i) are necessary to ensure the
prudent use, proper disbursement, and
accounting of grants received by
applicants under this section; and
(ii) are consistent with the
requirement specified in [subparagraph
(B)] subparagraph (A); and
[(D)](C) comply with the requirements
specified in section 5633(a) of this title
(excluding any requirement relating to
consultation with a State advisory group) and
with the requirements specified in section
5632[(c)](d) of this title; and
[(E)](D) contain such other information, and
be subject to such additional requirements, as
the Administrator may reasonably require by
rule to ensure the effectiveness of the
projects for which grants are made under
section 5651(b) of this title.
(b) Factors for Consideration.--For the purpose of
selecting eligible applicants to receive grants under section
5651(b) of this title, the Administrator shall consider--
(1) the resources that are available to each
applicant Indian tribe that will assist, and be
coordinated with, the overall juvenile justice system
of the Indian tribe; and
(2) with respect to each such applicant--
(A) the juvenile population; and
(B) the population and the entities that will
be served by projects proposed to be carried
out with the grant for which the application is
submitted.
(c) Grant Process.--
(1) Selection of grant recipients.--
(A) Selection requirements.--Except as
provided in paragraph (2), the Administrator
shall--
(i) make grants under this section on
a competitive basis; and
(ii) specify in writing to each
applicant selected to receive a grant
under this section, the terms and
conditions on which such grant is made
to such applicant.
(B) Period of grant.--A grant made under this
section shall be available for expenditure
during a 2-year period.
(2) Exception.--If--
(A) in the 2-year period for which a grant
made under this section shall be expended, the
recipient of such grant applies to receive a
subsequent grant under this section; and
(B) the Administrator determines that such
recipient performed during the year preceding
the 2-year period for which such recipient
applies to receive such subsequent grant
satisfactorily and in accordance with the terms
and conditions applicable to the grant
received;
then the Administrator may waive the application of the
competition-based requirement specified in paragraph
(1)(A)(i) and may allow the applicant to incorporate by
reference in the current application the text of the
plan contained in the recipient's most recent
application previously approved under this section.
(3) Authority to modify application process for
subsequent grants.--The Administrator may modify by
rule the operation of subsection (a) of this section
with respect to the submission and contents of
applications for subsequent grants described in
paragraph (2).
(d) Reporting Requirement.--Each Indian tribe that receives
a grant under this section shall be subject to the fiscal
accountability provisions of section 450(f)(1) of Title 25,
relating to the submission of a single-agency audit report
required by chapter 75 of Title 31.
(e) Matching Requirement.--
(1) Funds appropriated for the activities of any
agency of an Indian tribal government or the Bureau of
Indian Affairs performing law enforcement functions on
any Indian lands may be used to provide the non-Federal
share of any program or project with a matching
requirement funded under this section.
(2) Paragraph (1) shall not apply with respect to
funds appropriated before November 2, 2002.
(3) If the Administrator determines that an Indian
tribe does not have sufficient funds available to meet
the non-Federal share of the cost of any program or
activity to be funded under the grant, the
Administrator may increase the Federal share of the
cost thereof to the extent the Administrator deems
necessary.
* * * * * * *
Sec. 5661. Research and evaluation; statistical analyses; information
dissemination
(a) Research and Evaluation.--
(1) The Administrator [may] shall--
(A) [plan and identify] annually provide a
written and publicly available plan to identify
the purposes and goals of all agreements
carried out with funds provided under this
subsection; and
(B) conduct research or evaluation in
juvenile justice matters, for the purpose of
providing research and evaluation relating to--
(i) the prevention, reduction, and
control of juvenile delinquency and
serious crime committed by juveniles;
(ii) the link between juvenile
delinquency and the incarceration of
members of the families of juveniles;
[(iii) successful efforts to prevent
first-time minor offenders from
committing subsequent involvement in
serious crime;]
(iii) successful efforts to prevent
status offenders and first-time minor
offenders from subsequent involvement
with the criminal justice system;
(iv) successful efforts to prevent
recidivism;
(v) the juvenile justice system;
(vi) juvenile violence;
[(vii) appropriate mental health
services for juveniles and youth at
risk of participating in delinquent
activities;]
(vii) the prevalence and duration of
behavioral health needs (including
mental health, substance abuse, and co-
occurring disorders) among juveniles
pre-placement and post-placement when
held in the custody of secure detention
and corrections facilities, including
an examination of the effects of
confinement;
(viii) reducing the proportion of
juveniles detained or confined in
secure detention facilities, secure
correctional facilities, jails, and
lockups who are members of minority
groups;
(ix) training efforts and reforms
that have produced reductions in or
elimination of the use of dangerous
practices;
(x) methods to improve the
recruitment, selection, training, and
retention of professional personnel in
the fields of medicine, law
enforcement, judiciary, juvenile
justice, social work and child
protection, education, and other
relevant fields who are engaged in, or
intend to work in, the field of
prevention, identification, and
treatment of delinquency;
[(ix)](xi) evaluating services,
treatment, and aftercare placement of
juveniles who were under the care of
the State child protection system
before their placement in the juvenile
justice system;
[(x)](xii) determining--
(I) the frequency,
seriousness, and incidence of
drug use by youth in schools
and communities in the States
using, if appropriate, data
submitted by the States
pursuant to this subparagraph
and subsection (b); and
(II) the frequency, degree of
harm, and morbidity of violent
incidents, particularly
firearm-related injuries and
fatalities, by youth in schools
and communities in the States,
including information with
respect to--
(aa) the relationship
between victims and
perpetrators;
(bb) demographic
characteristics of
victims and
perpetrators; and
(cc) the type of
weapons used in
incidents, as
classified in the
Uniform Crime Reports
of the Federal Bureau
of Investigation; and
[(xi)](xiii) other purposes
consistent with the purposes of this
subchapter and subchapter I of this
chapter.
(2) The Administrator shall ensure that an equitable
amount of funds available to carry out paragraph (1)(B)
is used for research and evaluation relating to the
prevention of juvenile delinquency.
(3) Nothing in this subsection shall be construed to
permit the development of a national database of
personally identifiable information on individuals
involved in studies, or in data-collection efforts,
carried out under paragraph (1)(B)(x).
(4) Not later than 1 year after the date of enactment
of this paragraph and not later than 1 year after the
date of enactment of the Juvenile Justice and
Delinquency Prevention Reauthorization Act of 2009, the
administrator shall conduct a study with respect to
juveniles who, prior to placement in the juvenile
justice system, were under the care or custody of the
State child welfare system, and to juveniles who are
unable to return to their family after completing their
disposition in the juvenile justice system and who
remain wards of the State. Such study shall include--
(A) the number of juveniles in each category;
(B) the extent to which State juvenile
justice systems and child welfare systems are
coordinating services and treatment for such
juveniles;
(C) the Federal and local sources of funds
used for placements and post-placement
services;
(D) barriers faced by State in providing
services to these juveniles;
(E) the types of post-placement services
used;
(F) the frequency of case plans and case plan
reviews; [and]
(G) the extent to which case plans identify
and address permanency and placement barriers
and treatment plans[.];
(H) a description of the best practices in
discharge planning; and
(I) an assessment of living arrangements for
juveniles who cannot return to the homes of the
juveniles.
(b) Statistical Analyses.--The Administrator [may] shall--
(1) plan and identify the purposes and goals of all
agreements carried out with funds provided under this
subsection; and
(2) undertake statistical work in juvenile justice
matters, for the purpose of providing for the
collection, analysis, and dissemination of statistical
data and information relating to juvenile delinquency
and serious crimes committed by juveniles, to the
juvenile justice system, to juvenile violence, and to
other purposes consistent with the purposes of this
subchapter and subchapter I of this chapter.
(c) Grant Authority and Competitive Selection Process.--The
Administrator may make grants and enter into contracts with
public or private agencies, organizations, or individuals and
shall use a competitive process, established by rule by the
Administrator, to carry out subsections (a) and (b) of this
section.
(d) Implementation of Agreements.--A Federal agency that
makes an agreement under subsections (a)(1)(B) and (b)(2) of
this section with the Administrator may carry out such
agreement directly or by making grants to or contracts with
public and private agencies, institutions, and organizations.
(e) Information Dissemination.--The Administrator may--
(1) review reports and data relating to the juvenile
justice system in the United States and in foreign
nations (as appropriate), collect data and information
from studies and research into all aspects of juvenile
delinquency (including the causes, prevention, and
treatment of juvenile delinquency) and serious crimes
committed by juveniles;
(2) establish and operate, directly or by contract, a
clearinghouse and information center for the
preparation, publication, and dissemination of
information relating to juvenile delinquency, including
State and local prevention and treatment programs,
plans, resources, and training and technical assistance
programs; and
(3) make grants and contracts with public and private
agencies, institutions, and organizations, for the
purpose of disseminating information to representatives
and personnel of public and private agencies, including
practitioners in juvenile justice, law enforcement, the
courts, corrections, schools, and related services, in
the establishment, implementation, and operation of
projects and activities for which financial assistance
is provided under this subchapter.
(f) National Recidivism Measure.--The Administrator, in
consultation with experts in the field of juvenile justice
research, recidivism, and date collection, shall--
(1) establish a uniform method of data collection and
technology that States shall use to evaluate data on
juvenile recidivism on an annual basis;
(2) establish a common national juvenile recidivism
measurement system; and
(3) make cumulative juvenile recidivism data that is
collected from States available to the public.
Sec. 5662. Training and technical assistance
(a) Training.--The Administrator [may]--
(1) shall develop and carry out projects for the
purpose of training representatives and personnel of
public and private agencies, including practitioners in
juvenile justice, law enforcement, courts (including
model juvenile and family courts), corrections,
schools, and related services, to carry out the
purposes specified in section 5602 of this title; and
(2) may make grants to and contracts with public and
private agencies, institutions, and organizations for
the purpose of training representatives and personnel
of public and private agencies, including practitioners
in juvenile justice, law enforcement, courts (including
model juvenile and family courts), corrections,
schools, and related services, to carry out the
purposes specified in section 5602 of this title.
(b) Technical Assistance.--The Administrator [may]--
(1) shall develop and implement projects for the
purpose of providing technical assistance to
representatives and personnel of public and private
agencies and organizations, including practitioners in
juvenile justice, law enforcement, courts (including
model juvenile and family courts), corrections,
schools, and related services, in the establishment,
implementation, and operation of programs, projects,
and activities for which financial assistance is
provided under this title; [and]
(2) may make grants to and contracts with public and
private agencies, institutions, and organizations, for
the purpose of providing technical assistance to
representatives and personnel of public and private
agencies, including practitioners in juvenile justice,
law enforcement, courts (including model juvenile and
family courts), corrections, schools, and related
services, in the establishment, implementation, and
operation of programs, projects, and activities for
which financial assistance is provided under this
title[.];
(3) shall provide technical assistance to States and
units of local government on achieving compliance with
the amendments made by the Juvenile Justice and
Delinquency Prevention Reauthorization Act of 2009; and
(4) shall provide technical assistance to States in
support of efforts to establish partnerships between
the State and a university, institution of higher
education, or research center designed to improve the
recruitment, selection, training, and retention of
professional personnel in the fields of medicine, law
enforcement, judiciary, juvenile justice, social work
and child protection, education, and other relevant
fields who are engaged in, or intend to work in, the
field of prevention, identification, and treatment of
delinquency.
(c) Training and Technical Assistance to Mental Health
Professionals and Law Enforcement Personnel.--The Administrator
shall provide training and technical assistance to mental
health professionals and law enforcement personnel (including
public defenders, police officers, probation officers, judges,
parole officials, and correctional officers) to address or to
promote the development, testing, or demonstration of promising
or innovative models (including model juvenile and family
courts), programs, or delivery systems that address the needs
of juveniles who are alleged or adjudicated delinquent and who,
as a result of such status, are placed in secure detention or
confinement or in nonsecure residential placements.
(d) Technical Assistance to States Regarding Legal
Representation of Children.--The Administrator shall develop
and issue standards of practice for attorneys representing
children, and ensure that the standards are adapted for use in
States.
(e) Training and Technical Assistance for Local and State
Juvenile Detention and Corrections Personnel.--The
Administrator shall coordinate training and technical
assistance programs with juvenile detention and corrections
personnel of States and units of local government to--
(1) promote methods for improving conditions of
juvenile confinement, including those that are designed
to minimize the use of dangerous practices,
unreasonable restraints, and isolation; and
(2) encourage alternative behavior management
techniques.
(f) Training and Technical Assistance To Support Mental
Health or Substance Abuse Treatment Including Home-based or
Community-based Care.--The Administrator shall provide training
and technical assistance, in conjunction with the appropriate
public agencies, to individuals involved in making decisions
regarding the disposition of cases for youth who enter the
juvenile justice system about the appropriate services and
placement for youth with mental health or substance abuse
needs, including--
(1) juvenile justice intake personnel;
(2) probation officers;
(3) juvenile court judges and court services
personnel;
(4) prosecutors and court-appointed counsel; and
(5) family members of juveniles and family advocates.
* * * * * * *
Sec. 5665. Grants and projects
(a) Authority To Make Grants.--The Administrator may make
grants to and contracts with States, units of general local
government, Indian tribal governments, public and private
agencies, organizations, and individuals, or combinations
thereof, to carry out projects for the development, testing,
and demonstration of promising initiatives and programs for the
prevention, control, or reduction of juvenile delinquency. The
Administrator shall ensure that, to the extent reasonable and
practicable, such grants are made to achieve an equitable
geographical distribution of such projects throughout the
United States.
(b) Use of Grants.--A grant made under subsection (a) of
this section may be used to pay all or part of the cost of the
project for which such grant is made.
(c) Grants for Youth and Family Serving Organizations.--
(1) In general.--The Administrator, using a
competitive process, may make grants to and enter
contracts with qualified youth and family serving
organizations, or combinations thereof, to provide an
integrated continuum of services and programs for the
prevention, control, or reduction of juvenile
delinquency.
(2) Definitions.--In this subsection--
(A) the term ``integrated continuum of
services and programs'' means a variety of
services and programs for youth at risk of
becoming juvenile offenders and families of
such youth, with each service or program--
(i) sharing a well-defined set of
procedures and practices that are
applied similarly in different
situations and programs;
(ii) being replicable and producing
results that can be observed, tracked,
and measured;
(iii) sharing a common theory and
philosophy of care;
(iv) operating in a manner that
allows youth and families to move
across different service levels and
expect and experience the same teaching
methods, language, expectations, and
outcome goals from caregivers and other
providers; and
(v) allowing each youth and family to
maintain and build on the success
achieved at a previous level of
service; and
(B) the term ``qualified youth and family
serving organization'' means a private,
nonprofit youth and family serving organization
that--
(i) provides an integrated continuum
of programs and services for youth at
risk of becoming juvenile offenders and
the families of such youth in areas
affected by poverty and violence;
(ii) serves a large percentage of
eligible youth at risk of becoming
juvenile offenders and provides
evidence-based, or evidence-informed,
services and programs;
(iii) teaches social and independent
living skills for youth and families,
builds healthy relationships between
youth and families, and promotes self-
government and self-determination for
all youth and families served; and
(iv) is successful in balancing
public funds with private donations and
maximizing community involvement.
* * * * * * *
Subchapter II--Programs and Offices
* * * * * * *
PART F--INCENTIVE GRANTS FOR STATE AND LOCAL PROGRAMS
SEC. 271. INCENTIVE GRANTS.
(a) Incentive Grant Funds.--The Administrator may make
incentive grants to a State, unit of local government, or
combination of States and local governments to assist a State,
unit of local government, or combination thereof in carrying
out an activity identified in subsection (b)(1).
(b) Use of Funds.--
(1) In general.--An incentive grant made by the
Administrator under this section may be used to--
(A) increase the use of evidence based or
promising prevention and intervention programs;
(B) improve the recruitment, selection,
training, and retention of professional
personnel (including in the fields of medicine,
law enforcement, judiciary, juvenile justice,
social work, and child prevention) who are
engaged in, or intend to work in, the field of
prevention, intervention, and treatment of
juveniles to reduce delinquency;
(C) establish or support a partnership
between juvenile justice agencies of a State or
unit of local government and mental health
authorities of State or unit of local
government to establish and implement programs
to ensure there are adequate mental health and
substance abuse screening, assessment,
referral, treatment, and after-care services
for juveniles who come into contact with the
justice system by--
(i) carrying out programs that divert
from incarceration juveniles who come
into contact with the justice system
(including facilities contracted for
operation by State or local juvenile
authorities) and have mental health or
substance abuse needs--
(I) when such juveniles are
at imminent risk of being taken
into custody;
(II) at the time such
juveniles are initially taken
into custody;
(III) after such juveniles
are charged with an offense or
act of juvenile delinquency;
(IV) after such juveniles are
adjudicated delinquent and
before case disposition; and
(V) after such juveniles are
committed to secure placement;
or
(ii) improving treatment of juveniles
with mental health needs by working to
ensure--
(I) that--
(aa) initial mental
health screening is--
(AA)
completed for a
juvenile
immediately
upon entering
the juvenile
justice system
or a juvenile
facility; and
(BB)
conducted by
qualified
health and
mental health
professionals
or by staff who
have been
trained by
qualified
health, mental
health, and
substance abuse
professionals;
and
(bb) in the case of
screening, results that
indicate possible need
for mental health or
substance abuse
services are reviewed
by qualified mental
health or substance
abuse treatment
professionals not later
than 24 hours after the
screening;
(II) that a juvenile who
suffers from an acute mental
disorder, is suicidal, or is in
need of medical attention due
to intoxication is--
(aa) placed in or
immediately transferred
to an appropriate
medical or mental
health facility; and
(bb) only admitted to
a secure correctional
facility with written
medical clearance;
(III) that--
(aa) for a juvenile
identified by a
screening as needing a
mental health
assessment, the mental
health assessment and
any indicated
comprehensive
evaluation or
individualized
treatment plan are
written and
implemented--
(AA) not
later than 2
weeks after the
date on which
the juvenile
enters the
juvenile
justice system;
or
(BB) if a
juvenile is
entering a
secure
facility, not
later than 1
week after the
date on which
the juvenile
enters the
juvenile
justice system;
and
(bb) the assessments
described in item (aa)
are completed by
qualified health,
mental health, and
substance abuse
professionals;
(IV) that--
(aa) if the need for
treatment is indicated
by the assessment of a
juvenile, the juvenile
is referred to or
treated by a qualified
professional;
(bb) a juvenile who
is receiving treatment
for a mental health or
substance abuse need on
the date of the
assessment continues to
receive treatment;
(cc) treatment of a
juvenile continues
until a qualified
mental health
professional determines
that the juvenile is no
longer in need of
treatment; and
(dd) treatment plans
for juveniles are
reevaluated at least
every 30 days;
(V) that--
(aa) discharge plans
are prepared for an
incarcerated juvenile
when the juvenile
enters the correctional
facility in order to
integrate the juvenile
back into the family
and the community;
(bb) discharge plans
for an incarcerated
juvenile are updated,
in consultation with
the family or guardian
of a juvenile, before
the juvenile leaves the
facility; and
(cc) discharge plans
address the provision
of aftercare services;
(VI) that any juvenile in the
juvenile justice system
receiving psychotropic
medications is--
(aa) under the care
of a licensed
psychiatrist; and
(bb) monitored
regularly by trained
staff to evaluate the
efficacy and side
effects of the
psychotropic
medications; and
(VII) that specialized
treatment and services are
continually available to a
juvenile in the juvenile
justice system who has--
(aa) a history of
mental health needs or
treatment;
(bb) a documented
history of sexual
offenses or sexual
abuse, as a victim or
perpetrator;
(cc) substance abuse
needs or a health
problem, learning
disability, or history
of family abuse or
violence; or
(dd) developmental
disabilities;
(D) provide training, in conjunction with the
public or private agency that provides mental
health services, to individuals involved in
making decisions involving youth who enter the
juvenile justice system (including intake
personnel, law enforcement, prosecutors,
juvenile court judges, public defenders, mental
health and substance abuse service providers
and administrators, probation officers, and
parents) that focuses on--
(i) the availability of screening and
assessment tools and the effective use
of such tools;
(ii) the purpose, benefits, and need
to increase availability of mental
health or substance abuse treatment
programs (including home-based and
community-based programs) available to
juveniles within the jurisdiction of
the recipient;
(iii) the availability of public and
private services available to juveniles
to pay for mental health or substance
abuse treatment programs; or
(iv) the appropriate use of effective
home-based and community-based
alternatives to juvenile justice or
mental health system institutional
placement; and
(E) develop comprehensive collaborative plans
to address the service needs of juveniles with
mental health or substance abuse disorders who
are at risk of coming into contact with the
juvenile justice system that--
(i) revise and improve the delivery
of intensive home-based and community-
based services to juveniles who have
been in contact with or who are at risk
of coming into contact with the justice
system;
(ii) determine how the service needs
of juveniles with mental health or
substance abuse disorders who come into
contact with the juvenile justice
system will be furnished from the
initial detention stage until after
discharge in order for these juveniles
to avoid further contact with the
justice system;
(iii) demonstrate that the State or
unit of local government has entered
into appropriate agreements with all
entities responsible for providing
services under the plan, such as the
agency of the State or unit of local
government charged with administering
juvenile justice programs, the agency
of the State or unit of local
government charged with providing
mental health services, the agency of
the State or unit of local government
charged with providing substance abuse
treatment services, the educational
agency of the State or unit of local
government, the child welfare system of
the State or local government, and
private nonprofit community-based
organizations;
(iv) ensure that the State or unit of
local government has in effect any laws
necessary for services to be delivered
in accordance with the plan;
(v) establish a network of
individuals (or incorporates an
existing network) to provide
coordination between mental health
service providers, substance abuse
service providers, probation and parole
officers, judges, corrections
personnel, law enforcement personnel,
State and local educational agency
personnel, parents and families, and
other appropriate parties regarding
effective treatment of juveniles with
mental health or substance abuse
disorders;
(vi) provide for cross-system
training among law enforcement
personnel, corrections personnel, State
and local educational agency personnel,
mental health service providers, and
substance abuse service providers to
enhance collaboration among systems;
(vii) provide for coordinated and
effective aftercare programs for
juveniles who have been diagnosed with
a mental health or substance abuse
disorder and who are discharged from
home-based care, community-based care,
any other treatment program, secure
detention facilities, secure
correctional facilities, or jail;
(viii) provide for the purchase of
technical assistance to support the
implementation of the plan;
(ix) estimate the costs of
implementing the plan and proposes
funding sources sufficient to meet the
non-Federal funding requirements for
implementation of the plan under
subsection (c)(2)(E);
(x) describe the methodology to be
used to identify juveniles at risk of
coming into contact with the juvenile
justice system;
(xi) provide a written plan to ensure
that all training and services provided
under the plan will be culturally and
linguistically competent; and
(xii) describe the outcome measures
and benchmarks that will be used to
evaluate the progress and effectiveness
of the plan.
(2) Coordination and administration.--A State or unit
of local government receiving a grant under this
section shall ensure that--
(A) the use of the grant under this section
is developed as part of the State plan required
under section 223(a); and
(B) not more than 5 percent of the amount
received under this section is used for
administration of the grant under this section.
(c) Application.--
(1) In general.--A State or unit of local government
desiring a grant under this section shall submit an
application at such time, in such manner, and
containing such information as the Administrator may
prescribe.
(2) Contents.--In accordance with guidelines that
shall be established by the Administrator, each
application for incentive grant funding under this
section shall--
(A) describe any activity or program the
funding would be used for and how the activity
or program is designed to carry out 1 or more
of the activities described in subsection (b);
(B) if any of the funds provided under the
grant would be used for evidence based or
promising prevention or intervention programs,
include a detailed description of the studies,
findings, or practice knowledge that support
the assertion that such programs qualify as
evidence based or promising;
(C) for any program for which funds provided
under the grant would be used that is not
evidence based or promising, include a detailed
description of any studies, findings, or
practice knowledge which support the
effectiveness of the program;
(D) if the funds provided under the grant
will be used for an activity described in
subsection (b)(1)(D), include a certification
that the State or unit of local government--
(i) will work with public or private
entities in the area to administer the
training funded under subsection
(b)(1)(D), to ensure that such training
is comprehensive, constructive,
linguistically and culturally
competent, and of a high quality;
(ii) is committed to a goal of
increasing the diversion of juveniles
coming under its jurisdiction into
appropriate home-based or community-
based care when the interest of the
juvenile and public safety allow;
(iii) intends to use amounts provided
under a grant under this section for an
activity described in subsection
(b)(1)(D) to further such goal; and
(iv) has a plan to demonstrate, using
appropriate benchmarks, the progress of
the agency in meeting such goal; and
(E) if the funds provided under the grant
will be used for an activity described in
subsection (b)(1)(D), include a certification
that not less than 25 percent of the total cost
of the training described in subsection
(b)(1)(D) that is conducted with the grant
under this section will be contributed by non-
Federal sources.
(d) Requirements for Grants To Establish Partnerships.--
(1) Mandatory reporting.--A State or unit of local
government receiving a grant for an activity described
in subsection (b)(1)(C) shall keep records of the
incidence and types of mental health and substance
abuse disorders in their juvenile justice populations,
the range and scope of services provided, and barriers
to service. The State or unit of local government shall
submit an analysis of this information yearly to the
Administrator.
(2) Staff ratios for correctional facilities.--A
State or unit of local government receiving a grant for
an activity described in subsection (b)(1)(C) shall
require that a secure correctional facility operated by
or on behalf of that State or unit of local
government--
(A) has a minimum ratio of not fewer than 1
mental health and substance abuse counselor for
every 50 juveniles, who shall be professionally
trained and certified or licensed;
(B) has a minimum ratio of not fewer than 1
clinical psychologist for every 100 juveniles;
and
(C) has a minimum ratio of not fewer than 1
licensed psychiatrist for every 100 juveniles
receiving psychiatric care.
(3) Limitation on isolation.--A State or unit of
local government receiving a grant for an activity
described in subsection (b)(1)(C) shall require that--
(A) isolation is used only for immediate and
short-term security or safety reasons;
(B) no juvenile is placed in isolation
without approval of the facility superintendent
or chief medical officer or their official
staff designee;
(C) all instances in which a juvenile is
placed in isolation are documented in the file
of a juvenile along with the justification;
(D) a juvenile is in isolation only the
amount of time necessary to achieve security
and safety of the juvenile and staff;
(E) staff monitor each juvenile in isolation
once every 15 minutes and conduct a
professional review of the need for isolation
at least every 4 hours; and
(F) any juvenile held in isolation for 24
hours is examined by a physician or licensed
psychologist.
(4) Medical and mental health emergencies.--A State
or unit of local government receiving a grant for an
activity described in subsection (b)(1)(C) shall
require that a correctional facility operated by or on
behalf of that State or unit of local government has
written policies and procedures on suicide prevention.
All staff working in a correctional facility operated
by or on behalf of a State or unit of local government
receiving a grant for an activity described in
subsection (b)(1)(C) shall be trained and certified
annually in suicide prevention. A correctional facility
operated by or on behalf of a State or unit of local
government receiving a grant for an activity described
in subsection (b)(1)(C) shall have a written
arrangement with a hospital or other facility for
providing emergency medical and mental health care.
Physical and mental health services shall be available
to an incarcerated juvenile 24 hours per day, 7 days
per week.
(5) IDEA and rehabilitation act.--A State or unit of
local government receiving a grant for an activity
described in subsection (b)(1)(C) shall require that
all juvenile facilities operated by or on behalf of the
State or unit of local government abide by all
mandatory requirements and timelines set forth under
the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(6) Fiscal responsibility.--A State or unit of local
government receiving a grant for an activity described
in subsection (b)(1)(C) shall 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
section that are used for an activity described in
subsection (b)(1)(C).
Sec. 5671. Authorization of appropriations
(a) Authorization of Appropriations for Subchapter II of
This Chapter (Excluding [Parts C and E] Parts C, E, and F).--
(1) There are authorized to be appropriated to carry
out [this subchapter such sums as may be appropriate
for fiscal years 2003, 2004, 2005, 2006, and 2007.]
this subchapter--
(A) $245,900,000 for fiscal year 2011;
(B) $295,100,000 for fiscal year 2012;
(C) $344,300,000 for fiscal year 2013;
(D) $393,500,000 for fiscal year 2014; and
(E) $442,700,000 for fiscal year 2015.
(2) Of such sums as are appropriated for a fiscal
year to carry out this subchapter (other than [parts C
and E] parts C, E, and F)--
(A) not more than 5 percent shall be
available to carry out part A;
(B) not less than 80 percent shall be
available to carry out part B; and
(C) not more than 15 percent shall be
available to carry out part D.
(b) Authorization of Appropriations for Part C of This
Subchapter.--There are authorized to be appropriated to carry
out part C of this subchapter such sums as may be necessary for
[fiscal years 2003, 2004, 2005, 2006, and 2007] fiscal years
2011, 2012, 2013, 2014, and 2015.
(c) Authorization of Appropriations for Part E of This
Subchapter.--There are authorized to be appropriated to carry
out part E (other than section 216(c)) of this subchapter, and
authorized to remain available until expended, such sums as may
be necessary for [fiscal years 2003, 2004, 2005, 2006, and
2007] fiscal years 2010, 2011, 2012, 2013, and 2014.
(d) Authorization of Appropriations for Part E, Section
261(c).--There are authorized to be appropriated to carry out
section 261(c), and authorized to remain available until
expended--
(1) $23,000,000 for each of fiscal years 2011, 2012,
and 2013;
(2) $8,000,000 for fiscal year 2014; and
(3) $3,000,000 for fiscal year 2015.
(e) Authorization of Appropriations for Part F.--
(1) In general.--There are authorized to be
appropriated to carry out part F, and authorized to
remain available until expended, $80,000,000 for each
of fiscal years 2011, 2012, 2013, 2014, and 2015.
(2) Allocation.--Of the sums that are appropriated
for a fiscal year to carry out part F--
(A) not less than 40 percent shall be used to
fund programs that are carrying out an activity
described in subparagraph (C), (D), or (E) of
section 271(b)(1); and
(B) not less than 50 percent shall be used to
fund programs that are carrying out an activity
described in subparagraph (A) of that section.
[(d)](f) Experimentation on Individuals; Prohibition;
``Behavior Control'' Defined.--No funds appropriated to carry
out the purposes of this subchapter may be used for any
biomedical or behavior control experimentation on individuals
or any research involving such experimentation. For the purpose
of this subsection, the term ``behavior control'' refers to
experimentation or research employing methods which involve a
substantial risk of physical or psychological harm to the
individual subject and which are intended to modify or alter
criminal and other anti-social behavior, including aversive
conditioning therapy, drug therapy or chemotherapy (except as
part of routine clinical care), physical therapy of mental
disorders, electroconvulsive therapy, or physical punishment.
The term does not apply to a limited class of programs
generally recognized as involving no such risk, including
methadone maintenance and certain alcohol treatment programs,
psychological counseling, parent training, behavior
contracting, survival skills training, restitution, or
community service, if safeguards are established for the
informed consent of subjects (including parents or guardians of
minors).
(e) Repealed. Pub. L. 107-273, Div. C, Title II,
Sec. 12213(1), Nov. 2, 2002, 166 Stat. 1891.--
Sec. 5672. Administrative authority
(a) Authority of Administrator.--The Office shall be
administered by the Administrator under the general authority
of the Attorney General.
(b) Certain Crime Control Provisions Applicable.--Sections
3789d(c), 3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b), and
3789g(d) of this title, shall apply with respect to the
administration of and compliance with this chapter, except that
for purposes of this chapter--
(1) any reference to the Office of Justice Programs
in such sections shall be deemed to be a reference to
the Assistant Attorney General who heads the Office of
Justice Programs; and
(2) the term ``this chapter'' as it appears in such
sections shall be deemed to be a reference to this
chapter.
(c) Certain Other Crime Control Provisions Applicable.--
Sections 3782(a), 3782(c), and 3787 of this title shall apply
with respect to the administration of and compliance with this
chapter, except that for purposes of this chapter--
(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;
and
(3) the term ``this chapter'' as it appears in such
sections shall be deemed to be a reference to this
chapter.
(d) Rules, Regulations, and Procedures.--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
only to the extent necessary to ensure that there is compliance
with the specific requirements of this subchapter or to respond
to requests for clarification and guidance relating to such
compliance.
(e) If a State requires by law compliance with the
[requirements described in paragraphs (11), (12), and (13) of
section 5633(a)] core requirements of this title, then for the
period such law is in effect in such State such State shall be
rebuttably presumed to satisfy such requirements.
* * * * * * *
Sec. 5675. Payments
(a) In General.--Payments under this subchapter, pursuant
to a grant or contract, may be made (after necessary
adjustment, in the case of grants, on account of previously
made overpayments or underpayments) in advance or by way of
reimbursement, in such installments and on such conditions as
the Administrator may determine.
(b) Percentage of Approved Costs.--Except as provided in
the second sentence of section 5632[(c)](d) of this title,
financial assistance extended under this subchapter shall be
100 per centum of the approved costs of the program or activity
involved.
(c) Increase of Grants to Indian Tribes; Waiver of
Liability.--
(1) In the case of a grant under this subchapter to
an Indian tribe, if the Administrator determines that
the tribe does not have sufficient funds available to
meet the local share of the cost of any program or
activity to be funded under the grant, the
Administrator may increase the Federal share of the
cost thereof to the extent the Administrator deems
necessary.
(2) If a State does not have an adequate forum to
enforce grant provisions imposing any liability on
Indian tribes, the Administrator may waive State
liability attributable to the liability of such tribes
and may pursue such legal remedies as are necessary.
* * * * * * *
Sec. 5781. [Definition] Definitions
In [this subchapter, the term] this subchapter--
(1) the term ``mentoring'' means matching 1 adult
with 1 or more youths (not to exceed 4 youths) for the
purpose of providing guidance, support, and
encouragement aimed at developing the character of the
youths, where the adult and youths meet regularly for
not less than 4 hours each month for not less than a 9-
month period; and
(2) the term ``State advisory group'' means the
advisory group appointed by the chief executive officer
of a State under a plan described in section 5633(a) of
this title.
Sec. 5782. Duties and functions of the administrator
The Administrator shall--
(1) issue such rules as are necessary or appropriate
to carry out this subchapter;
(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 subchapter; 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 the Workforce 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
subchapter;
(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 subchapter.
Sec. 5783. Grants for delinquency prevention programs
(a) Purposes.--The Administrator may make grants to a
State, to be transmitted through the State advisory group to
units of local government that meet the requirements of
subsection (b) of this section, for delinquency prevention
programs and activities for juveniles 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
juveniles and their families of--
(1) alcohol and substance abuse prevention services;
(2) tutoring and remedial education, especially in
reading and mathematics;
(3) child and adolescent health and mental health
services;
(4) recreation services;
(5) leadership and youth development activities;
(6) the teaching that people are and should be held
accountable for their actions;
(7) assistance in the development of job training
skills; [and]
(8) other data-driven evidence based prevention
programs[.]; and
(9) Mentoring programs.
(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 subchapter II of this chapter;
(2) the unit has submitted to the State advisory
group a minimum 3-year comprehensive 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
minimum 3-year comprehensive plan described in
paragraph (2);
(4) pursuant to its minimum 3-year comprehensive
plan, the unit has appointed a local policy board of
not fewer than 15 and not more than 21 members, with
balanced representation of public agencies and private
nonprofit organizations serving juveniles, their
families, and business and industry;
(5) 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 juveniles and
their families, including such programs as nutrition,
energy assistance, and housing;
(6) the local policy board is empowered to make all
recommendations for distribution of funds and
evaluation of activities funded under this subchapter;
and
(7) 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 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;
(3) developing or enhancing a statewide subsidy
program to local governments that is dedicated to early
intervention and delinquency prevention;
(4) coordinating and collaborating with programs
established in local communities for delinquency
prevention under part C of this subtitle; and (5)
developing data-driven prevention plans, employing
evidence-based prevention strategies, and conducting
program evaluations to determine impact and
effectiveness.
Sec. 5784. Authorization of appropriations
[There are authorized to be appropriated to carry out this
subchapter such sums as may be necessary for fiscal years 2004,
2005, 2006, 2007, and 2008.]
There are authorized to be appropriated to carry out this
title--
(1) $322,800,000 for fiscal year 2011;
(2) $373,400,000 for fiscal year 2012;
(3) $424,000,000 for fiscal year 2013;
(4) $474,600,000 for fiscal year 2014; and
(5) $525,200,000 for fiscal year 2015.
* * * * * * *
TITLE IV--PRECAUTION ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Prevention Resources for
Eliminating Criminal Activity Using Tailored Interventions in
Our Neighborhoods Act of 2009'' or the ``PRECAUTION Act''.
SEC. 402. PURPOSES.
The purposes of this title are to--
(1) establish a commitment on the part of the Federal
Government to provide leadership on successful crime
prevention and intervention strategies;
(2) further the integration of crime prevention and
intervention strategies into traditional law
enforcement practices of State and local law
enforcement offices around the country;
(3) develop a plain-language, implementation-focused
assessment of those current crime and delinquency
prevention and intervention strategies that are
supported by rigorous evidence;
(4) provide additional resources to the National
Institute of Justice to administer grants, contracts,
and cooperative agreements for research and development
for promising crime prevention and intervention
strategies;
(5) develop recommendations for Federal priorities
for crime and delinquency prevention and intervention
research, development, and funding that may augment
important Federal grant programs, including the Edward
Byrne Memorial Justice Assistance Grant Program under
subpart 1 of part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.), grant programs administered by the Office of
Community Oriented Policing Services of the Department
of Justice, grant programs administered by the Office
of Safe and Drug-Free Schools of the Department of
Education, and other similar programs; and
(6) reduce the costs that rising violent crime
imposes on interstate commerce.
SEC. 403. DEFINITIONS.
In this title, the following definitions shall apply:
(1) Commission.--The term ``Commission'' means the
National Commission on Public Safety Through Crime
Prevention established under section 404(a).
(2) Rigorous evidence.--The term ``rigorous
evidence'' means evidence generated by scientifically
valid forms of outcome evaluation, particularly
randomized trials (where practicable).
(3) Subcategory.--The term ``subcategory'' means 1 of
the following categories:
(A) Family and community settings (including
public health-based strategies).
(B) Law enforcement settings (including
probation-based strategies).
(C) School settings (including antigang and
general antiviolence strategies).
(4) Top-tier.--The term ``top-tier'' means any
strategy supported by rigorous evidence of the sizable,
sustained benefits to participants in the strategy or
to society.
SEC. 404. NATIONAL COMMISSION ON PUBLIC SAFETY THROUGH CRIME
PREVENTION.
(a) Establishment.--There is established a commission to be
known as the National Commission on Public Safety Through Crime
Prevention.
(b) Members.--
(1) In general.--The Commission shall be composed of
9 members, of whom--
(A) 3 shall be appointed by the President, 1
of whom shall be the Assistant Attorney General
for the Office of Justice Programs or a
representative of such Assistant Attorney
General;
(B) 2 shall be appointed by the Speaker of
the House of Representatives, unless the
Speaker is of the same party as the President,
in which case 1 shall be appointed by the
Speaker of the House of Representatives and 1
shall be appointed by the minority leader of
the House of Representatives;
(C) 1 shall be appointed by the minority
leader of the House of Representatives (in
addition to any appointment made under
subparagraph (B));
(D) 2 shall be appointed by the majority
leader of the Senate, unless the majority
leader is of the same party as the President,
in which case 1 shall be appointed by the
majority leader of the Senate and 1 shall be
appointed by the minority leader of the Senate;
and
(E) 1 shall be appointed by the minority
leader of the Senate (in addition to any
appointment made under subparagraph (D)).
(2) Persons eligible.--
(A) In general.--Each member of the
Commission shall be an individual who has
knowledge or expertise in matters to be studied
by the Commission.
(B) Required representatives.--At least--
(i) 2 members of the Commission shall
be respected social scientists with
experience implementing or interpreting
rigorous, outcome-based trials; and
(ii) 2 members of the Commission
shall be law enforcement practitioners.
(3) Consultation required.--The President, the
Speaker of the House of Representatives, the minority
leader of the House of Representatives, and the
majority leader and minority leader of the Senate shall
consult prior to the appointment of the members of the
Commission to achieve, to the maximum extent possible,
fair and equitable representation of various points of
view with respect to the matters to be studied by the
Commission.
(4) Term.--Each member shall be appointed for the
life of the Commission.
(5) Time for initial appointments.--The appointment
of the members shall be made not later than 60 days
after the date of enactment of this Act.
(6) Vacancies.--A vacancy in the Commission shall be
filled in the manner in which the original appointment
was made, and shall be made not later than 60 days
after the date on which the vacancy occurred.
(7) Ex officio members.--The Director of the National
Institute of Justice, the Director of the Office of
Juvenile Justice and Delinquency Prevention, the
Director of the Community Capacity Development Office,
the Director of the Bureau of Justice Statistics, the
Director of the Bureau of Justice Assistance, and the
Director of Community Oriented Policing Services (or a
representative of each such director) shall each serve
in an ex officio capacity on the Commission to provide
advice and information to the Commission.
(c) Operation.--
(1) Chairperson.--At the initial meeting of the
Commission, the members of the Commission shall elect a
chairperson from among its voting members, by a vote of
\2/3\ of the members of the Commission. The chairperson
shall retain this position for the life of the
Commission. If the chairperson leaves the Commission, a
new chairperson shall be selected, by a vote of \2/3\
of the members of the Commission.
(2) Meetings.--The Commission shall meet at the call
of the chairperson. The initial meeting of the
Commission shall take place not later than 30 days
after the date on which all the members of the
Commission have been appointed.
(3) Quorum.--A majority of the members of the
Commission shall constitute a quorum to conduct
business, and the Commission may establish a lesser
quorum for conducting hearings scheduled by the
Commission.
(4) Rules.--The Commission may establish by majority
vote any other rules for the conduct of Commission
business, if such rules are not inconsistent with this
title or other applicable law.
(d) Public Hearings.--
(1) In general.--The Commission shall hold public
hearings. The Commission may hold such hearings, sit
and act at such times and places, take such testimony,
and receive such evidence as the Commission considers
advisable to carry out its duties under this section.
(2) Focus of hearings.--The Commission shall hold at
least 3 separate public hearings, each of which shall
focus on 1 of the subcategories.
(3) Witness expenses.--Witnesses requested to appear
before the Commission shall be paid the same fees as
are paid to witnesses under section 1821 of title 28,
United States Code. The per diem and mileage allowances
for witnesses shall be paid from funds appropriated to
the Commission.
(e) Comprehensive Study of Evidence-Based Crime Prevention
and Intervention Strategies.--
(1) In general.--The Commission shall carry out a
comprehensive study of the effectiveness of crime and
delinquency prevention and intervention strategies,
organized around the 3 subcategories.
(2) Matters included.--The study under paragraph (1)
shall include--
(A) a review of research on the general
effectiveness of incorporating crime prevention
and intervention strategies into an overall law
enforcement plan;
(B) an evaluation of how to more effectively
communicate the wealth of social science
research to practitioners;
(C) a review of evidence regarding the
effectiveness of specific crime prevention and
intervention strategies, focusing on those
strategies supported by rigorous evidence;
(D) an identification of--
(i) promising areas for further
research and development; and
(ii) other areas representing gaps in
the body of knowledge that would
benefit from additional research and
development;
(E) an assessment of the best practices for
implementing prevention and intervention
strategies;
(F) an assessment of the best practices for
gathering rigorous evidence regarding the
implementation of intervention and prevention
strategies; and
(G) an assessment of those top-tier
strategies best suited for duplication efforts
in a range of settings across the country.
(3) Initial report on top-tier crime prevention and
intervention strategies.--
(A) Distribution.--Not later than 18 months
after the date on which all members of the
Commission have been appointed, the Commission
shall submit a public report on the study
carried out under this subsection to--
(i) the President;
(ii) Congress;
(iii) the Attorney General;
(iv) the Chief Federal Public
Defender of each district;
(v) the chief executive of each
State;
(vi) the Director of the
Administrative Office of the Courts of
each State;
(vii) the Director of the
Administrative Office of the United
States Courts; and
(viii) the attorney general of each
State.
(B) Contents.--The report under subparagraph
(A) shall include--
(i) the findings and conclusions of
the Commission;
(ii) a summary of the top-tier
strategies, including--
(I) a review of the rigorous
evidence supporting the
designation of each strategy as
top-tier;
(II) a brief outline of the
keys to successful
implementation for each
strategy; and
(III) a list of references
and other information on where
further information on each
strategy can be found;
(iii) recommended protocols for
implementing crime and delinquency
prevention and intervention strategies
generally;
(iv) recommended protocols for
evaluating the effectiveness of crime
and delinquency prevention and
intervention strategies; and
(v) a summary of the materials relied
upon by the Commission in preparation
of the report.
(C) Consultation with outside authorities.--
In developing the recommended protocols for
implementation and rigorous evaluation of top-
tier crime and delinquency prevention and
intervention strategies under this paragraph,
the Commission shall consult with the Committee
on Law and Justice at the National Academy of
Science and with national associations
representing the law enforcement and social
science professions, including the National
Sheriffs' Association, the Police Executive
Research Forum, the International Association
of Chiefs of Police, the Consortium of Social
Science Associations, and the American Society
of Criminology.
(f) Recommendations Regarding Innovative Crime Prevention
and Intervention Strategies.--
(1) Submission.--
(A) In general.--Not later than 30 days after
the date of the final hearing under subsection
(d) relating to a subcategory, the Commission
shall provide the Director of the National
Institute of Justice and the Attorney General
with recommendations on qualifying
considerations relating to that subcategory for
selecting recipients of contracts, cooperative
agreements, and grants under section 405.
(B) Deadline.--Not later than 13 months after
the date on which all members of the Commission
have been appointed, the Commission shall
provide all recommendations required under this
subsection.
(2) Matters included.--The recommendations provided
under paragraph (1) shall include recommendations
relating to--
(A) the types of strategies for the
applicable subcategory that would best benefit
from additional research and development;
(B) any geographic or demographic targets;
(C) the types of partnerships with other
public or private entities that might be
pertinent and prioritized; and
(D) any classes of crime and delinquency
prevention and intervention strategies that
should not be given priority because of a pre-
existing base of knowledge that would benefit
less from additional research and development.
(g) Final Report on the Results of Innovative Crime
Prevention and Intervention Strategies.--
(1) In general.--Following the close of the 3-year
period for the evaluation of an innovative strategy
under section 405, the Commission shall collect the
results of the evaluation and shall submit a public
report to the President, the Attorney General,
Congress, the chief executive of each State, and the
attorney general of each State describing each strategy
funded under section 405 and the results of the
strategy. The report under this paragraph shall be
submitted not later than 5 years after the date of the
selection of the chairperson of the Commission.
(2) Collection of information and evidence regarding
recipients.--The collection of information and evidence
by the Commission regarding each recipient of a
contract, cooperative agreement, or grant under section
405 shall be carried out by--
(A) ongoing communications with the grant
administrator at the National Institute of
Justice and other appropriate officers at other
components of the Department of Justice;
(B) visits by representatives of the
Commission (including at least 1 member of the
Commission) to the site where the recipient of
a contract, cooperative agreement, or grant is
carrying out the strategy funded under section
405, at least once in the second and once in
the third year of the contract, cooperative
agreement, or grant;
(C) a review of the data generated by the
study monitoring the effectiveness of the
strategy; and
(D) other means as necessary.
(3) Matters included.--The report submitted under
paragraph (1) shall include a review of each strategy
carried out with a contract, cooperative agreement, or
grant under section 405, detailing--
(A) the type of crime or delinquency
prevention or intervention strategy;
(B) where the activities under the strategy
were carried out, including geographic and
demographic targets;
(C) any partnerships with public or private
entities through the course of the period of
the contract, cooperative agreement, or grant;
(D) the type and design of the effectiveness
study conducted under section 405(b)(4) or
section 405(c)(2)(C) for that strategy;
(E) the results of the effectiveness study
conducted under section 405(b)(4) or section
405(c)(2)(C) for that strategy;
(F) lessons learned regarding implementation
of that strategy or of the effectiveness study
conducted under section 405(b)(4) or section
405(c)(2)(C), including recommendations
regarding which types of environments might
best be suited for successful replication; and
(G) recommendations regarding the need for
further research and development of the
strategy.
(h) Personnel Matters.--
(1) Travel expenses.--The members of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of
service for the Commission.
(2) Compensation of members.--Members of the
Commission shall serve without compensation.
(3) Staff.--
(A) In general.--The chairperson of the
Commission may, without regard to the civil
service laws and regulations, appoint and
terminate an executive director and such other
additional personnel as may be necessary to
enable the Commission to perform its duties.
The employment of an executive director shall
be subject to confirmation by the Commission.
(B) Compensation.--The chairperson of the
Commission may fix the compensation of the
executive director and other personnel without
regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United
States Code, relating to classification of
positions and General Schedule pay rates,
except that the rate of pay for the executive
director and other personnel may not exceed the
rate payable for level V of the Executive
Schedule under section 5316 of such title.
(4) Detail of federal employees.--With the
affirmative vote of \2/3\ of the members of the
Commission, any Federal Government employee, with the
approval of the head of the appropriate Federal agency,
may be detailed to the Commission without
reimbursement, and such detail shall be without
interruption or loss of civil service status, benefits,
or privileges.
(i) Contracts for Research.--
(1) National institute of justice.--With a \2/3\
affirmative vote of the members of the Commission, the
Commission may select nongovernmental researchers and
experts to assist the Commission in carrying out its
duties under this title. The National Institute of
Justice shall contract with the researchers and experts
selected by the Commission to provide funding in
exchange for their services.
(2) Other organizations.--Nothing in this subsection
shall be construed to limit the ability of the
Commission to enter into contracts with other entities
or organizations for research necessary to carry out
the duties of the Commission under this section.
(j) Authorization of Appropriations.--There are authorized
to be appropriated $5,000,000 to carry out this section.
(k) Termination.--The Commission shall terminate on the
date that is 30 days after the date on which the Commission
submits the last report required by this section.
(l) Exemption.--The Commission shall be exempt from the
Federal Advisory Committee Act.
SEC. 405. INNOVATIVE CRIME PREVENTION AND INTERVENTION STRATEGIES.
(a) In General.--The Attorney General may fund the
implementation and evaluation of innovative crime or
delinquency prevention or intervention strategies though
coordinated initiatives, as described in subsection (b),
through grants authorized under subsection (c), or a
combination of the coordinated initiatives and grants.
(b) Coordinated Initiatives.--
(1) In general.--The Attorney General, acting through
the Director of the National Institute of Justice, may
coordinate efforts between the National Institute of
Justice and other appropriate components of the
Department of Justice to implement and rigorously
evaluate innovative crime or delinquency prevention or
intervention strategies.
(2) Selection of strategies.--The Director of the
National Institute of Justice, in consultation with the
heads of other appropriate components of the Department
of Justice, shall identify innovative crime or
delinquency prevention or intervention strategies that
would best benefit from additional funding and
evaluation, taking into consideration the
recommendations of the Commission under section 404(f).
(3) Program office role.--The head of any appropriate
component of the Department of Justice, as determined
by the Attorney General, may provide incentives under a
contract, cooperative agreement, or grant entered into
or made by the component, including a competitive
preference priority and providing additional funds, for
a public or private entity to--
(A) implement a strategy identified under
paragraph (2); or
(B) participate in the evaluation under
paragraph (4) of the strategies identified
under paragraph (2).
(4) National institute of justice evaluation.--
(A) In general.--The Director of the National
Institute of Justice may enter into or make
contracts, cooperative agreements, or grants to
conduct a rigorous study of the effectiveness
of each strategy relating to which an incentive
is provided under paragraph (3).
(B) Amount and duration.--A contract,
cooperative agreement, or grant under
subparagraph (A) shall be for not more than
$700,000, and shall be for a period of not more
than 3 years.
(C) Methodology of study.--Each study
conducted under subparagraph (A) shall use a
study design that is likely to produce rigorous
evidence of the effectiveness of the strategy
and, where feasible, measure outcomes using
available administrative data, such as police
arrest records, so as to minimize the costs of
the study.
(c) Grants Authorized.--
(1) In general.--The Director of the National
Institute of Justice may make grants to public and
private entities to fund the implementation and
evaluation of innovative crime or delinquency
prevention or intervention strategies. The purpose of
grants under this subsection shall be to provide funds
for all expenses related to the implementation of such
a strategy and to conduct a rigorous study on the
effectiveness of that strategy.
(2) Grant distribution.--
(A) Period.--A grant under this subsection
shall be made for a period of not more than 3
years.
(B) Amount.--The amount of each grant under
this subsection--
(i) shall be sufficient to ensure
that rigorous evaluations may be
performed; and
(ii) shall not exceed $2,000,000.
(C) Evaluation set-aside.--
(i) In general.--A grantee shall use
not less than $300,000 and not more
than $700,000 of the funds from a grant
under this subsection for a rigorous
study of the effectiveness of the
strategy during the 3-year period of
the grant for that strategy.
(ii) Methodology of study.--
(I) In general.--Each study
conducted under clause (i)
shall use an evaluator and a
study design approved by the
employee of the National
Institute of Justice hired or
assigned under subsection (e)
and, where feasible, measure
outcomes using available
administrative data, such as
police arrest records, so as to
minimize the costs of the
study.
(II) Criteria.--The employee
of the National Institute of
Justice hired or assigned under
subsection (e) shall approve--
(aa) an evaluator
that has successfully
carried out multiple
studies producing
rigorous evidence of
effectiveness; and
(bb) a proposed study
design that is likely
to produce rigorous
evidence of the
effectiveness of the
strategy.
(III) Approval.--Before a
grant is awarded under this
subsection, the evaluator and
study design of a grantee shall
be approved by the employee of
the National Institute of
Justice hired or assigned under
subsection (e).
(D) Date of award.--Not later than 6 months
after the date of receiving recommendations
relating to a subcategory from the Commission
under section 404(f), the Director of the
National Institute of Justice shall award all
grants under this subsection relating to that
subcategory.
(E) Type of grants.--One-third of the grants
made under this subsection shall be made in
each subcategory. In distributing grants, the
recommendations of the Commission under section
404(f) shall be considered.
(d) Authorization of Appropriations.--There are authorized
to be appropriated $18,000,000 to carry out subsections (b) and
(c).
(e) Dedicated Staff.--
(1) In general.--The Director of the National
Institute of Justice shall hire or assign a full-time
employee to oversee the contracts, cooperative
agreements, and grants under this section.
(2) Study oversight.--The employee of the National
Institute of Justice hired or assigned under paragraph
(1) shall be responsible for ensuring that recipients
of a contract, cooperative agreement, or grant under
this section adhere to the study design approved before
the contract, cooperative agreement, or grant was
entered into or awarded.
(3) Liaison.--The employee of the National Institute
of Justice hired or assigned under paragraph (1) may be
used as a liaison between the Commission and the
recipients of a contract, cooperative agreement, or
grant under this section. The employee shall be
responsible for ensuring timely cooperation with
Commission requests.
(4) Authorization of appropriations.--There are
authorized to be appropriated $150,000 for each of
fiscal years 2010 through 2014 to carry out this
subsection.
(f) Applications.--A public or private entity desiring a
contract, cooperative agreement, or grant under this section
shall submit an application at such time, in such manner, and
accompanied by such information as the Director of the National
Institute of Justice or other appropriate component of the
Department of Justice may reasonably require.
(g) Cooperation With the Commission.--A person entering
into a contract or cooperative agreement or receiving a grant
under this section shall cooperate with the Commission in
providing the Commission with full information on the progress
of the strategy being carried out with a contract, cooperative
agreement, or grant under this section, including--
(1) hosting visits by the members of the Commission
to the site where the activities under the strategy are
being carried out;
(2) providing pertinent information on the logistics
of establishing the strategy for which the contract,
cooperative agreement, or grant under this section was
received, including details on partnerships, selection
of participants, and any efforts to publicize the
strategy; and
(3) responding to any specific inquiries that may be
made by the Commission.
SEC. 406. FUNDING.
Section 524(c) of title 28, United States Code, is amended
by adding at the end the following:
``(12) For the first full fiscal year after the date
of enactment of the PRECAUTION Act, and each fiscal
year thereafter through the end of the fifth full
fiscal year after such date of enactment, there is
appropriated to the Attorney General from the Fund
$4,750,000 to carry out the PRECAUTION Act.''.
* * * * * * *
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. EVALUATION BY GENERAL ACCOUNTING OFFICE.
(a) Evaluation.--Not later than October 1, 2010, the
Comptroller General of the United States shall--
(1) conduct a comprehensive analysis and evaluation
regarding the performance of the Office of Juvenile
Justice Delinquency and Prevention (referred to in this
section as ``the agency''), its functions, its
programs, and its grants;
(2) conduct a comprehensive audit and evaluation of a
selected, statistically significant sample of grantees
(as determined by the Comptroller General) that receive
Federal funds under grant programs administered by the
Office of Juvenile Justice Delinquency and Prevention
including a review of internal controls to prevent
fraud, waste, and abuse of funds by grantees; and
(3) submit a report in accordance with subsection
(d).
(b) Considerations for Evaluation.--In conducting the
analysis and evaluation under subsection (a)(1), and in order
to document the efficiency and public benefit of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.), excluding the Runaway and Homeless Youth Act (42
U.S.C. 5701 et seq.) and the Missing Children's Assistance Act
(42 U.S.C. 5771 et seq.), the Comptroller General shall take
into consideration--
(1) the extent to which the jurisdiction of, and the
programs administered by, the agency duplicate or
conflict with the jurisdiction and programs of other
agencies;
(2) the potential benefits of consolidating programs
administered by the agency with similar or duplicative
programs of other agencies; and the potential for
consolidating those programs;
(3) whether present functions or operations are
impeded or enhanced by existing statutes, rules and
procedures;
(4) the number and types of beneficiaries or persons
served by programs carried out by the agency;
(5) the manner with which the agency seeks public
input and input from State and local Governments on the
performance of the functions of the agency;
(6) the extent to which the agency complies with
section 552 of title 5, United States Code (commonly
known as the Freedom of Information Act);
(7) whether greater oversight is needed of programs
developed with grants made by the agency; and
(8) the extent to which changes are necessary in the
authorizing statutes of the agency in order that the
functions of the agency can be performed in a more
efficient and effective manner.
(c) Considerations for Audits.--In conducting the audit and
evaluation under subsection (a)(2), and in order to document
the efficiency and public benefit of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.),
excluding the Runaway and Homeless Youth Act (42 U.S.C. 5701 et
seq.) and the Missing Children's Assistance Act (42 U.S.C. 5771
et seq.), the Comptroller General shall take into
consideration--
(1) whether grantees timely file Financial Status
Reports;
(2) whether grantees have sufficient internal
controls to ensure adequate oversight of grant fund
received;
(3) whether disbursements were accompanied with
adequate supporting documentation (including invoices
and receipts);
(4) whether expenditures were authorized;
(5) whether subrecipients of grant funds were
complying with program requirements;
(6) whether salaries and fringe benefits of personnel
were adequately supported by documentation;
(7) whether contracts were bid in accordance with
program guidelines; and
(8) whether grant funds were spent in accordance with
program goals and guidelines.
(d) Report.--
(1) In general.--The Comptroller General of the
United States shall submit a report regarding the
evaluation conducted under subsection (a) and audit
under subsection (b), together with supporting
materials, to the Speaker of the House of
Representatives and the President pro tempore of the
Senate, and be made available to the public, not later
than October 1, 2011.
(2) Contents.--The report submitted in accordance
with paragraph (1) shall include all audit findings
determined by the selected, statistically significant
sample of grantees as required by subsection (a)(2) and
shall include the name and location of any selected
grantee as well as any findings required by subsection
(a)(2).
* * * * * * *
TITLE 18--CRIMINAL PROCEDURE
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
Sec. 3154. Functions and powers relating to pretrial services
Pretrial services functions shall include the following:
(1) Collect, verify, and report to the judicial
officer, prior to the pretrial release hearing,
information pertaining to the pretrial release of each
individual charged with an offense, including
information relating to any danger that the release of
such person may pose to any other person or the
community, and, where appropriate, include a
recommendation as to whether such individual should be
released or detained and, if release is recommended,
recommend appropriate conditions of release; except
that a district court may direct that information not
be collected, verified, or reported under this
paragraph on individuals charged with Class A
misdemeanors as defined in section 3559(a)(6) of this
title.
(2) Review and modify the reports and recommendations
specified in paragraph (1) of this section for persons
seeking release pursuant to section 3145 of this
chapter.
(3) Supervise persons released into its custody under
this chapter.
(4) Operate or contract for the operation of
appropriate facilities for the custody or care of
persons released under this chapter including
residential halfway houses, addict and alcoholic
treatment centers, and counseling services, and
contract with any appropriate public or private agency
or person, or expend funds, to monitor and provide
treatment as well as nontreatment services to any such
persons released in the community, including equipment
and emergency housing, corrective and preventative
guidance and training, and other services reasonably
deemed necessary to protect the public and ensure that
such persons appear in court as required.
(5) Inform the court and the United States attorney
of all apparent violations of pretrial release
conditions, arrests of persons released to the custody
of providers of pretrial services or under the
supervision of providers of pretrial services, and any
danger that any such person may come to pose to any
other person or the community, and recommend
appropriate modifications of release conditions.
(6) Serve as coordinator for other local agencies
which serve or are eligible to serve as custodians
under this chapter and advise the court as to the
eligibility, availability, and capacity of such
agencies.
(7) Assist persons released under this chapter in
securing any necessary employment, medical, legal, or
social services.
(8) Prepare, in cooperation with the United States
marshal and the United States attorney such pretrial
detention reports as are required by the provisions of
the Federal Rules of Criminal Procedure relating to the
supervision of detention pending trial.
(9) Develop and implement a system to monitor and
evaluate bail activities, provide information to
judicial officers on the results of bail decisions, and
prepare periodic reports to assist in the improvement
of the bail process.
(10) To the extent provided for in an agreement
between a chief pretrial services officer in districts
in which pretrial services are established under
section 3152(b) of this title, or the chief probation
officer in all other districts, and the United States
attorney, collect, verify, and prepare reports for the
United States attorney's office of information
pertaining to the pretrial diversion of any individual
who is or may be charged with an offense, and perform
such other duties as may be required under any such
agreement.
(11) Make contracts, to such extent and in such
amounts as are provided in appropriation Acts, for the
carrying out of any pretrial services functions.
(12)(A) As directed by the court and to the degree
required by the regimen of care or treatment ordered by
the court as a condition of release, keep informed as
to the conduct and provide supervision of a person
conditionally released under the provisions of section
4243 or 4246 of this title, and report such person's
conduct and condition to the court ordering release and
the Attorney General or his designee.
(B) Any violation of the conditions of release shall
immediately be reported to the court and the Attorney
General or his designee.
(13) If approved by the district court, be authorized
to carry firearms under such rules and regulations as
the Director of the Administrative Office of the United
States Courts may prescribe.
(14) Perform, in a manner appropriate for juveniles,
any of the functions identified in this section with
respect to juveniles awaiting adjudication, trial, or
disposition under chapter 403 of this title who are not
detained.
[(14)](15) Perform such other functions as specified
under this chapter.