[House Report 114-763]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-763
======================================================================
SUPPORTING YOUTH OPPORTUNITY AND PREVENTING DELINQUENCY ACT OF 2016
_______
September 20, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Kline, from the Committee on Education and the Workforce, submitted
the following
R E P O R T
[To accompany H.R. 5963]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 5963) to reauthorize and improve the
Juvenile Justice and Delinquency Prevention Act of 1974, and
for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Youth Opportunity and
Preventing Delinquency Act of 2016''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--DECLARATION OF FINDINGS, PURPOSE, AND DEFINITIONS
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
Sec. 201. Concentration of Federal efforts.
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 203. Annual report.
Sec. 204. Allocation of funds.
Sec. 205. State plans.
Sec. 206. Repeal of juvenile delinquency prevention block grant
program.
Sec. 207. Research and evaluation; statistical analyses; information
dissemination.
Sec. 208. Training and technical assistance.
Sec. 209. Authorization of appropriations.
Sec. 210. Administrative authority.
TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
Sec. 301. Short Title.
Sec. 302. Definitions.
Sec. 303. Duties and functions of the administrator.
Sec. 304. Grants for delinquency prevention programs.
Sec. 305. Grants for tribal delinquency prevention and response
programs.
Sec. 306. Authorization of appropriations.
Sec. 307. Technical amendment.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Evaluation by Government Accountability Office.
Sec. 402. Accountability and oversight.
TITLE I--DECLARATION OF FINDINGS, PURPOSE, AND DEFINITIONS
SEC. 101. FINDINGS.
Section 101(a)(9) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5601(a)(9)) is amended by inserting ``,
including offenders who enter the juvenile justice system as the result
of sexual abuse, exploitation, and trauma,'' after ``young juvenile
offenders''.
SEC. 102. PURPOSES.
Section 102 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5602) is amended--
(1) in paragraph (1), by inserting ``, tribal,'' after
``State'';
(2) in paragraph (2)--
(A) by inserting ``, tribal,'' after ``State''; and
(B) by striking ``and'' at the end;
(3) by amending paragraph (3) to read as follows:
``(3) to assist State, tribal, and local governments in
addressing juvenile crime through the provision of technical
assistance, research, training, evaluation, and the
dissemination of current and relevant information on effective
and evidence-based programs and practices for combating
juvenile delinquency; and''; and
(4) by adding at the end the following:
``(4) to support a continuum of evidence-based or promising
programs (including delinquency prevention, intervention,
mental health, behavioral health and substance abuse treatment,
family services, and services for children exposed to violence)
that are trauma informed, reflect the science of adolescent
development, and are designed to meet the needs of at-risk
youth and youth who come into contact with the justice
system.''.
SEC. 103. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (8)--
(A) in subparagraph (B)(ii), by adding ``or'' at the
end;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as subparagraph
(C);
(2) in paragraph (18) by adding at the end the following:
``that has a law enforcement function, as determined by the
Secretary of the Interior in consultation with the Attorney
General;''.
(3) by amending paragraph (22) to read as follows:
``(22) the term `jail or lockup for adults' means a secure
facility that is used by a State, unit of local government, or
law enforcement authority to detain or confine adult
inmates;'';
(4) by amending paragraph (25) to read as follows:
``(25) the term `sight or sound contact' means any physical,
clear visual, or verbal contact that is not brief and
inadvertent;'';
(5) by amending paragraph (26) to read as follows:
``(26) the term `adult inmate'--
``(A) means an individual who--
``(i) has reached the age of full criminal
responsibility under applicable State law; and
``(ii) has been arrested and is in custody
for or awaiting trial on a criminal charge, or
is convicted of a criminal 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
or supervision, including post-placement or
parole supervision, of a juvenile correctional
agency by a court of competent jurisdiction or
by operation of applicable State law;'';
(6) in paragraph (28), by striking ``and'' at the end;
(7) in paragraph (29), by striking the period at the end and
inserting a semicolon; and
(8) by adding at the end the following:
``(30) the term `core requirements'--
``(A) means the requirements described in paragraphs
(11), (12), (13), and (15) of section 223(a); and
``(B) does not include the data collection
requirements described in subparagraphs (A) through (K)
of section 207(1);
``(31) the term `chemical agent' means a spray or injection
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 10 minutes in a room or cell; and
``(B) does not include--
``(i) confinement during regularly scheduled
sleeping hours;
``(ii) separation based on a treatment
program approved by a licensed medical or
mental health professional;
``(iii) confinement or separation that is
requested by the youth; or
``(iv) the separation of the youth from a
group in a nonlocked setting for the limited
purpose of calming;
``(33) the term `restraints' 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--
``(A) is demonstrated to be effective when
implemented with fidelity;
``(B) is based on a clearly articulated and
empirically supported theory;
``(C) has measurable outcomes relevant to juvenile
justice, including a detailed description of the
outcomes produced in a particular population, whether
urban or rural; and
``(D) has been scientifically tested and proven
effective through randomized control studies or
comparison group studies and with the ability to
replicate and scale;
``(35) the term `promising' means a program or practice
that--
``(A) is demonstrated to be effective based on
positive outcomes relevant to juvenile justice from 1
or more objective, independent, and scientifically
valid evaluations, as documented in writing to the
Administrator; and
``(B) will be evaluated through a well-designed and
rigorous study, as described in paragraph (34)(D);
``(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, behavioral health, substance abuse, or other
needs requiring immediate attention, intervention, and
further evaluation; and
``(B) the purpose of which is to quickly identify a
youth with possible mental health, behavioral health,
substance abuse, or other needs 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 an appropriately trained professional who is
licensed or certified by the applicable State in the
mental health, behavioral health, or substance abuse
fields; and
``(B) which is designed to identify significant
mental health, behavioral health, or substance abuse
treatment needs to be addressed during a youth's
confinement;
``(39) for purposes of section 223(a)(15), the term `contact'
means the points at which a youth and the juvenile justice
system or criminal justice system officially intersect,
including interactions with a juvenile justice, juvenile court,
or law enforcement official;
``(40) the term `trauma-informed' means--
``(A) understanding the impact that exposure to
violence and trauma have on a youth's physical,
psychological, and psychosocial development;
``(B) recognizing when a youth has been exposed to
violence and trauma and is in need of help to recover
from the adverse impacts of trauma; and
``(C) responding in ways that resist
retraumatization;
``(41) the term `racial and ethnic disparity' means minority
youth populations are involved at a decision point in the
juvenile justice system at higher rates, incrementally or
cumulatively, than non-minority youth at that decision point;
``(42) the term `status offender' means a juvenile who is
charged with or who has committed an offense that would not be
criminal if committed by an adult;
``(43) the term `rural' means an area that is not located in
a metropolitan statistical area, as defined by the Office of
Management and Budget;
``(44) the term `internal controls' means a process
implemented to provide reasonable assurance regarding the
achievement of objectives in--
``(A) effectiveness and efficiency of operations,
such as grant management practices;
``(B) reliability of reporting for internal and
external use; and
``(C) compliance with applicable laws and
regulations, as well as recommendations of the Office
of Inspector General and the Government Accountability
Office; and
``(45) the term `tribal government' means the governing body
of an Indian tribe.''.
TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.
Section 204 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5614) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the first sentence--
(i) by striking ``a long-term plan, and
implement'' and inserting the following: ``a
long-term plan to improve the juvenile justice
system in the United States, taking into
account scientific knowledge regarding
adolescent development and behavior and
regarding the effects of delinquency prevention
programs and juvenile justice interventions on
adolescents, and shall implement''; and
(ii) by striking ``research, and improvement
of the juvenile justice system in the United
States'' and inserting ``and research''; and
(B) in paragraph (2)(B), by striking ``Federal
Register'' and all that follows and inserting ``Federal
Register during the 30-day period ending on October 1
of each year.''; and
(2) in subsection (b)--
(A) by striking paragraph (7);
(B) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively;
(C) by inserting after paragraph (4), the following:
``(5) not later than 1 year after the date of enactment of
the Supporting Youth Opportunity and Preventing Delinquency Act
of 2016, in consultation with Indian tribes, develop a policy
for the Office of Juvenile Justice and Delinquency Prevention
to collaborate with representatives of Indian tribes with a
criminal justice function on the implementation of the
provisions of this Act relating to Indian tribes;'';
(D) in paragraph (6), as so redesignated, by adding
``and'' at the end; and
(E) in paragraph (7), as so redesignated--
(i) by striking ``monitoring'';
(ii) by striking ``section 223(a)(15)'' and
inserting ``section 223(a)(16)''; and
(iii) by striking ``to review the adequacy of
such systems; and'' and inserting ``for
monitoring compliance.''.
SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY
PREVENTION.
Section 206 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5616) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``the Administrator of the
Substance Abuse and Mental Health Services
Administration, the Secretary of the
Interior,'' after ``the Secretary of Health and
Human Services,''; and
(ii) by striking ``Commissioner of
Immigration and Naturalization'' and inserting
``Assistant Secretary for Immigration and
Customs Enforcement''; and
(B) in paragraph (2), by striking ``United States''
and inserting ``Federal Government''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``paragraphs
(12)(A), (13), and (14) of section 223(a) of this
title'' and inserting ``the core requirements''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by inserting ``, on an annual basis'' after
``collectively''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) not later than 120 days after the completion of
the last meeting of the Council during any fiscal year,
submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
the Judiciary of the Senate a report that--
``(i) contains the recommendations described
in subparagraph (A);
``(ii) includes a detailed account of the
activities conducted by the Council during the
fiscal year, including a complete detailed
accounting of expenses incurred by the Council
to conduct operations in accordance with this
section;
``(iii) is published on the Web sites of the
Office of Juvenile Justice and Delinquency
Prevention, the Council, and the Department of
Justice; and
``(iv) is in addition to the annual report
required under section 207.''.
SEC. 203. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5617) is amended--
(1) in the matter preceding paragraph (1), by striking ``a
fiscal year'' and inserting ``each fiscal year'';
(2) in paragraph (1)--
(A) in subparagraph (B), by striking ``and gender''
and inserting ``, gender, and ethnicity, as such term
is defined by the Bureau of the Census,'';
(B) in subparagraph (E), by striking ``and'' at the
end;
(C) in subparagraph (F)--
(i) by inserting ``and other'' before
``disabilities,''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(G) a summary of data from 1 month of the
applicable fiscal year of the use of restraints and
isolation upon juveniles held in the custody of secure
detention and correctional facilities operated by a
State or unit of local government;
``(H) the number of status offense cases petitioned
to court, number of status offenders held in secure
detention, the findings used to justify the use of
secure detention, and the average period of time a
status offender was held in secure detention;
``(I) the number of juveniles released from custody
and the type of living arrangement to which they are
released;
``(J) the number of juveniles whose offense
originated on school grounds, during school-sponsored
off-campus activities, or due to a referral by a school
official, as collected and reported by the Department
of Education or similar State educational agency; and
``(K) the number of juveniles in the custody of
secure detention and correctional facilities operated
by a State or unit of local government who report being
pregnant.''; and
(3) by adding at the end the following:
``(5) A description of the criteria used to determine what
programs qualify as evidence-based and promising programs under
this title and title V and a comprehensive list of those
programs the Administrator has determined meet such criteria in
both rural and urban areas.
``(6) A description of funding provided to Indian tribes
under this Act or for a juvenile delinquency or prevention
program under the Tribal Law and Order Act of 2010 (Public Law
111-211; 124 Stat. 2261), 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
the Office of Juvenile Justice and Delinquency Prevention to
determine if grantees are following the requirements of the
Office of Juvenile Justice and Delinquency Prevention grant
programs and what remedial action the 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--
``(A) in which supporting documentation was not
provided for cost reports;
``(B) where unauthorized expenditures occurred; or
``(C) 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 the Office of Juvenile Justice
and Delinquency Prevention recouped from grantees that were
found to be in violation of policies and procedures of the
Office of Juvenile Justice and Delinquency Prevention grant
programs, including--
``(A) the full name and location of the grantee;
``(B) the violation of the program found;
``(C) the amount of funds sought to be recouped by
the Office of Juvenile Justice and Delinquency
Prevention; and
``(D) the actual amount recouped by the Office of
Juvenile Justice and Delinquency Prevention.''.
SEC. 204. ALLOCATION OF FUNDS.
(a) Technical Assistance.--Section 221(b)(1) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5631(b)(1)) is
amended by striking ``2 percent'' and inserting ``5 percent''.
(b) Other Allocations.--Section 222 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``age eighteen''
and inserting ``18 years of age, based on the most
recent data available from the Bureau of the Census'';
and
(B) by striking paragraphs (2) and (3) and inserting
the following:
``(2)(A) If the aggregate amount appropriated for a fiscal year to
carry out this title is less than $75,000,000, then--
``(i) the amount allocated to each State other than a State
described in clause (ii) for that fiscal year shall be not less
than $400,000; and
``(ii) the amount allocated to the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands for that fiscal year shall be not less
than $75,000.
``(B) If the aggregate amount appropriated for a fiscal year to carry
out this title is not less than $75,000,000, then--
``(i) the amount allocated to each State other than a State
described in clause (ii) for that fiscal year shall be not less
than $600,000; and
``(ii) the amount allocated to the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands for that fiscal year shall be not less
than $100,000.'';
(2) in subsection (c), by striking ``efficient
administration, including monitoring, evaluation, and one full-
time staff position'' and inserting ``effective and efficient
administration of funds, including the designation of not less
than 1 individual who shall coordinate efforts to achieve and
sustain compliance with the core requirements and certify
whether the State is in compliance with such requirements'';
and
(3) in subsection (d), by striking ``5 per centum of the
minimum'' and inserting ``not more than 5 percent of the''.
SEC. 205. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``and shall describe the status of compliance
with State plan requirements.'' and inserting ``and
shall describe how the State plan is supported by or
takes account of scientific knowledge regarding
adolescent development and behavior and regarding the
effects of delinquency prevention programs and juvenile
justice interventions on adolescents. Not later than 60
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 the State's
publicly available website.'';
(B) in paragraph (1), by striking ``described in
section 299(c)(1)'' and inserting ``as designated by
the chief executive officer of the State'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting
``adolescent development,'' after
``concerning'';
(II) in clause (ii)--
(aa) in subclause (II), by
inserting ``publicly supported
court-appointed legal counsel
with experience representing
juveniles in delinquency
proceedings,'' after
``youth,'';
(bb) in subclause (III), by
striking ``mental health,
education, special education''
and inserting ``child and
adolescent mental health,
education, child and adolescent
substance abuse, special
education, services for youth
with disabilities'';
(cc) in subclause (V), by
striking ``delinquents or
potential delinquents'' and
inserting ``delinquent youth or
youth at risk of delinquency'';
(dd) in subclause (VI), by
striking ``youth workers
involved with'' and inserting
``representatives of'';
(ee) in subclause (VII), by
striking ``and'' at the end;
(ff) by striking subclause
(VIII) and inserting the
following:
``(VIII) persons, licensed or
certified by the applicable State, with
expertise and competence in preventing
and addressing mental health and
substance abuse needs in delinquent
youth and youth at risk of delinquency;
``(IX) representatives of victim or
witness advocacy groups, including at
least 1 individual with expertise in
addressing the challenges of sexual
abuse and exploitation and trauma,
particularly the needs of special
populations who experience
disproportionate levels of sexual
abuse, exploitation, and trauma before
entering the juvenile justice system;
and
``(X) for a State in which 1 or more
Indian tribes are located, an Indian
tribal representative or other
individual with significant expertise
in tribal law enforcement and juvenile
justice in Indian tribal
communities;'';
(III) in clause (iv), by striking
``24 at the time of appointment'' and
inserting ``28 at the time of initial
appointment''; and
(IV) in clause (v) by inserting ``or,
if not feasible and in appropriate
circumstances, who is the parent or
guardian of someone who has been or is
currently under the jurisdiction of the
juvenile justice system'' after
``juvenile justice system'';
(ii) in subparagraph (C), by striking ``30
days'' and inserting ``45 days''; and
(iii) in subparagraph (D)--
(I) in clause (i), by striking
``and'' at the end; and
(II) in clause (ii), by striking ``at
least annually recommendations
regarding State compliance with the
requirements of paragraphs (11), (12),
and (13)'' and inserting ``at least
every 2 years a report and necessary
recommendations regarding State
compliance with the core
requirements''; and
(iv) in subparagraph (E)--
(I) in clause (i), by adding ``and''
at the end; and
(II) in clause (ii), by striking the
period at the end and inserting a
semicolon;
(D) in paragraph (5)(C), by striking ``Indian
tribes'' and all that follows through ``applicable to
the detention and confinement of juveniles'' and
inserting ``Indian tribes that agree to attempt to
comply with the core requirements applicable to the
detention and confinement of juveniles'';
(E) in paragraph (7)--
(i) in subparagraph (A), by striking
``performs law enforcement functions'' and
inserting ``has jurisdiction''; and
(ii) in subparagraph (B)--
(I) in clause (iii), by striking
``and'' at the end; and
(II) by striking clause (iv) and
inserting the following:
``(iv) a plan to provide alternatives to
detention for status offenders, survivors of
commercial sexual exploitation, and others,
where appropriate, such as specialized or
problem-solving courts or diversion to home-
based or community-based services or treatment
for those youth in need of mental health,
substance abuse, or co-occurring disorder
services at the time such juveniles first come
into contact with the juvenile justice system;
``(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, where
appropriate, in the design and delivery of
juvenile delinquency prevention and treatment
services, particularly post-placement;
``(vii) a plan to use community-based
services to respond to the needs of at-risk
youth or youth who have come into contact with
the juvenile justice system;
``(viii) a plan to promote evidence-based and
trauma-informed programs and practices; and
``(ix) not later than 1 year after the date
of enactment of the Supporting Youth
Opportunity and Preventing Delinquency Act of
2016, a plan, which shall be implemented not
later than 2 years after the date of enactment
of the Supporting Youth Opportunity and
Preventing Delinquency Act of 2016, to--
``(I) eliminate the use of restraints
of known pregnant juveniles housed in
secure juvenile detention and
correction facilities, during labor,
delivery, and post-partum recovery,
unless credible, reasonable grounds
exist to believe the detainee presents
an immediate and serious threat of
hurting herself, staff, or others; and
``(II) eliminate the use of abdominal
restraints, leg and ankle restraints,
wrist restraints behind the back, and
four-point restraints on known pregnant
juveniles, unless--
``(aa) credible, reasonable
grounds exist to believe the
detainee presents an immediate
and serious threat of hurting
herself, staff, or others; or
``(bb) reasonable grounds
exist to believe the detainee
presents an immediate and
credible risk of escape that
cannot be reasonably minimized
through any other method;'';
(F) in paragraph (8), by striking ``existing'' and
inserting ``evidence-based and promising'';
(G) in paragraph (9)--
(i) in the matter preceding subparagraph (A),
by inserting ``, with priority in funding given
to entities meeting the criteria for evidence-
based or promising programs'' after ``used
for'';
(ii) in subparagraph (A)--
(I) in clause (i)--
(aa) by inserting ``status
offenders and other'' before
``youth who need''; and
(bb) by striking ``and'' at
the end;
(II) in clause (ii) by adding ``and''
at the end; and
(III) by inserting after clause (ii)
the following:
``(iii) for youth who are active or former
gang members, specialized intensive and
comprehensive services that address the unique
issues encountered by youth when they become
involved with gangs;'';
(iii) in subparagraph (B)(i)--
(I) by striking ``parents and other
family members'' and inserting ``status
offenders, other youth, and the parents
and other family members of such
offenders and youth''; and
(II) by striking ``be retained'' and
inserting ``remain'';
(iv) in subparagraph (E)--
(I) in the matter preceding clause
(i), by striking ``delinquent'' and
inserting ``at-risk or delinquent
youth''; and
(II) in clause (i), by inserting ``,
including for truancy prevention and
reduction'' before the semicolon;
(v) in subparagraph (F), in the matter
preceding clause (i), by striking ``expanding''
and inserting ``programs to expand'';
(vi) by redesignating subparagraphs (G)
through (S) as subparagraphs (H) through (T),
respectively;
(vii) by inserting after subparagraph (F),
the following:
``(G) programs--
``(i) to ensure youth have access to
appropriate legal representation; and
``(ii) to expand access to publicly
supported, court-appointed legal counsel who
are trained to represent juveniles in
adjudication proceedings,
except that the State may not use more than 2 percent
of the funds received under section 222 for these
purposes;'';
(viii) in subparagraph (H), as so
redesignated, by striking ``State,'' each place
the term appears and inserting ``State,
tribal,'';
(ix) in subparagraph (M), as so
redesignated--
(I) in clause (i)--
(aa) by inserting ``pre-
adjudication and'' before
``post-adjudication'';
(bb) by striking
``restraints'' and inserting
``alternatives''; and
(cc) by inserting
``specialized or problem-
solving courts,'' after
``(including''; and
(II) in clause (ii)--
(aa) by striking ``by the
provision by the
Administrator''; and
(bb) by striking ``to
States'';
(x) in subparagraph (N), as redesignated--
(I) by inserting ``and reduce the
risk of recidivism'' after
``families''; and
(II) by striking ``so that such
juveniles may be retained in their
homes'';
(xi) in subparagraph (S), as so redesignated,
by striking ``and'' at the end;
(xii) in subparagraph (T), as so
redesignated--
(I) by inserting ``or co-occurring
disorder'' after ``mental health'';
(II) by inserting ``court-involved
or'' before ``incarcerated'';
(III) by striking ``suspected to
be'';
(IV) by striking ``and discharge
plans'' and inserting ``provision of
treatment, and development of discharge
plans''; and
(V) by striking the period at the end
and inserting a semicolon; and
(xiii) by inserting after subparagraph (T)
the following:
``(U) programs and projects designed--
``(i) to inform juveniles of the opportunity
and process for sealing and expunging juvenile
records; and
``(ii) to assist juveniles in pursuing
juvenile record sealing and expungements for
both adjudications and arrests not followed by
adjudications;
except that the State may not use more than 2 percent
of the funds received under section 222 for these
purposes;
``(V) programs that address the needs of girls in or
at risk of entering the juvenile justice system,
including pregnant girls, young mothers, victims of
sexual abuse, survivors of commercial sexual
exploitation or domestic child sex trafficking, girls
with disabilities, and girls of color, including girls
who are members of an Indian tribe; and
``(W) monitoring for compliance with the core
requirements and providing training and technical
assistance on the core requirements to secure
facilities;'';
(H) by striking paragraph (11) and inserting the
following:
``(11)(A) in accordance with rules issued by the
Administrator, provide that a juvenile shall not be placed in a
secure detention facility or a secure correctional facility,
if--
``(i) the juvenile is charged with or has committed
an offense that would not be criminal if committed by
an adult, excluding--
``(I) a juvenile who is charged with or has
committed a violation of section 922(x)(2) of
title 18, United States Code, or of a similar
State law;
``(II) a juvenile who is charged with or has
committed a violation of a valid court order
issued and reviewed in accordance with
paragraph (23); and
``(III) a juvenile who is held in accordance
with the Interstate Compact on Juveniles as
enacted by the State; or
``(ii) the juvenile--
``(I) is not charged with any offense; and
``(II)(aa) is an alien; or
``(bb) is alleged to be dependent, neglected,
or abused; and
``(B) require that--
``(i) not later than 3 years after the date of
enactment of the Supporting Youth Opportunity and
Preventing Delinquency Act of 2016, 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 or sound contact
with adult inmates; and
``(II) except as provided in paragraph (13),
may not be held in any jail or lockup for
adults;
``(ii) 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 or 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 not
only meet the specific needs of the juvenile
but also to protect the safety of the public as
well as other detained youth; and
``(VII) any other relevant factor; and
``(iii) 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--
``(I) the court shall hold a hearing not less
frequently than once every 30 days, or in the
case of a rural jurisdiction, not less
frequently than once every 45 days, to review
whether it is still in the interest of justice
to permit the juvenile to be so held or have
such sight or sound contact; and
``(II) the juvenile shall not be held in any
jail or lockup for adults, or permitted to have
sight or 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;''.
(I) in paragraph (12)(A), by striking ``contact'' and
inserting ``sight or sound contact'';
(J) in paragraph (13), by striking ``contact'' each
place it appears and inserting ``sight or sound
contact'';
(K) in paragraph (14)--
(i) by striking ``adequate system'' and
inserting ``effective system'';
(ii) by inserting ``lock-ups,'' after
``monitoring jails,'';
(iii) by inserting ``and'' after ``detention
facilities,'';
(iv) by striking ``, and non-secure
facilities'';
(v) by striking ``insure'' and inserting
``ensure'';
(vi) by striking ``requirements of paragraphs
(11), (12), and (13)'' and inserting ``core
requirements''; and
(vii) by striking ``, in the opinion of the
Administrator,'';
(L) by striking paragraphs (22) and (27);
(M) by redesignating paragraph (28) as paragraph
(27);
(N) by redesignating paragraphs (15) through (21) as
paragraphs (16) through (22), respectively;
(O) by inserting after paragraph (14) the following:
``(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 or designating existing
coordinating bodies, composed of juvenile justice
stakeholders, (including representatives of the
educational system) at the State, local, or tribal
levels, to advise efforts by States, units of local
government, and Indian tribes to reduce racial and
ethnic disparities;
``(B) identifying and analyzing data on race and
ethnicity at all decision points in State, local, or
tribal juvenile justice systems to determine which key
points create racial and ethnic disparities among youth
who come into contact with the juvenile justice system;
and
``(C) 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 subparagraph
(B);'';
(P) in paragraph (16), as so redesignated, by
inserting ``ethnicity,'' after ``race,'';
(Q) in paragraph (21), as so redesignated, by
striking ``local,'' each place the term appears and
inserting ``local, tribal,'';
(R) in paragraph (23)--
(i) in subparagraphs (A), (B), and (C), by
striking ``juvenile'' each place it appears and
inserting ``status offender'';
(ii) in subparagraph (B), by striking ``and''
at the end;
(iii) in subparagraph (C)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by adding
``and'' at the end; and
(III) by adding at the end the
following:
``(iii) if such court determines the status
offender 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 status
offender 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 status
offender 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 status offender may
remain in a secure detention
facility or correctional
facility, and includes a plan
for the status offender'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 status
offender unless the status offender
violates a valid court order after the
date on which the court issues an order
described in subclause (I);''; and
(iv) by adding at the end the following:
``(D) there are procedures in place to ensure that
any status offender 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 September 30, 2020 (with a 1-
year extension for each additional fiscal year that a
State can demonstrate hardship, as determined by the
State, and submits in writing evidence of such hardship
to the Administrator which shall be considered approved
unless the Administrator justifies to the State in
writing that the hardship does not qualify for an
exemption), the State will eliminate the use of valid
court orders to provide secure confinement of status
offenders, except that juveniles may be held in secure
confinement in accordance with the Interstate Compact
for Juveniles if the judge issues a written order
that--
``(i) specifies the factual basis to believe
that the State has the authority to detain the
juvenile under the terms of the Interstate
Compact for Juveniles;
``(ii) 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;
``(iii) specifies the length of time a
juvenile may remain in secure confinement, not
to exceed 15 days, and includes a plan for the
return of the juvenile to the home State of the
juvenile; and
``(iv) may not be renewed or extended;'';
(S) in paragraph (26)--
(i) by inserting ``and in accordance with
confidentiality concerns,'' after ``maximum
extent practicable,''; and
(ii) by striking the semicolon at the end and
inserting the following: ``, so as to provide
for--
``(A) data in child abuse or neglect reports relating
to juveniles entering the juvenile justice system with
a prior reported history of 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 such victims of child abuse or neglect;'';
(T) in paragraph (27), as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(U) by adding at the end the following:
``(28) provide for the coordinated use of funds provided
under this title with other Federal and State funds directed at
juvenile delinquency prevention and intervention programs;
``(29) describe the policies, procedures, and training in
effect for the staff of juvenile State correctional facilities
to eliminate the use of dangerous practices, unreasonable
restraints, and unreasonable isolation, including by developing
effective behavior management techniques;
``(30) describe--
``(A) the evidence-based methods that will be used to
conduct mental health and substance abuse screening,
assessment, referral, and treatment for juveniles who--
``(i) request a screening;
``(ii) show signs of needing a screening; or
``(iii) are held for a period of more than 24
hours in a secure facility that provides for an
initial screening; and
``(B) how the State will seek, to the extent
practicable, to provide or arrange for mental health
and substance abuse disorder treatment for juveniles
determined to be in need of such treatment;
``(31) describe how reentry planning by the State for
juveniles will include--
``(A) a written case plan based on an assessment of
needs that includes--
``(i) the pre-release and post-release plans
for the juveniles;
``(ii) the living arrangement to which the
juveniles are to be discharged; and
``(iii) any other plans developed for the
juveniles based on an individualized
assessment; and
``(B) review processes;
``(32) provide an assurance that the agency of the State
receiving funds under this title collaborates with the State
educational agency receiving assistance under part A of title I
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) to develop and implement a plan to ensure
that, in order to support educational progress--
``(A) the student records of adjudicated juveniles,
including electronic records if available, are
transferred in a timely manner from the educational
program in the juvenile detention or secure treatment
facility to the educational or training program into
which the juveniles will enroll;
``(B) the credits of adjudicated juveniles are
transferred; and
``(C) adjudicated juveniles receive full or partial
credit toward high school graduation for secondary
school coursework satisfactorily completed before and
during the period of time during which the juveniles
are held in custody, regardless of the local
educational agency or entity from which the credits
were earned; and
``(33) describe policies and procedures to--
``(A) screen for, identify, and document in records
of the State the identification of victims of domestic
human trafficking, or those at risk of such
trafficking, upon intake; and
``(B) divert youth described in subparagraph (A) to
appropriate programs or services, to the extent
practicable.'';
(2) by amending subsection (c) to read as follows:
``(c)(1) If a State fails to comply with any of the core requirements
in any fiscal year, then--
``(A) subject to subparagraph (B), the amount allocated to
such State under section 222 for the subsequent fiscal year
shall be reduced by not less than 20 percent for each core
requirement with respect to which the failure occurs; and
``(B) the State shall be ineligible to receive any allocation
under such section for such fiscal year unless--
``(i) the State agrees to expend 50 percent of the
amount allocated to the State for such fiscal year to
achieve compliance with any such core requirement with
respect to which the State is in noncompliance; or
``(ii) 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 or legislative action, an unequivocal
commitment to achieving full compliance with
such applicable requirements within a
reasonable time.
``(2) Of the total amount of funds not allocated for a fiscal year
under paragraph (1)--
``(A) 50 percent of the unallocated funds shall be
reallocated under section 222 to States that have not failed to
comply with the core requirements; and
``(B) 50 percent of the unallocated funds shall be used by
the Administrator to provide additional training and technical
assistance to States for the purpose of promoting compliance
with the core requirements.'';
(3) in subsection (d)--
(A) by striking ``described in paragraphs (11), (12),
(13), and (22) of subsection (a)'' and inserting
``described in the core requirements''; and
(B) by striking ``the requirements under paragraphs
(11), (12), (13), and (22) of subsection (a)'' and
inserting ``the core requirements'';
(4) in subsection (f)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively; and
(5) by adding at the end the following:
``(g) Compliance Determination.--
``(1) In general.--For each fiscal year, the Administrator
shall make a determination regarding whether each State
receiving a grant under this title is in compliance or out of
compliance with respect to each of 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.
``(3) Determinations required.--The Administrator may not--
``(A) determine that a State is `not out of
compliance', or issue any other determination not
described in paragraph (1), with respect to any core
requirement; or
``(B) otherwise fail to make the compliance
determinations required under paragraph (1).''.
SEC. 206. REPEAL OF JUVENILE DELINQUENCY PREVENTION BLOCK GRANT
PROGRAM.
Part C of title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5651 et seq.) is repealed.
SEC. 207. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION
DISSEMINATION.
Section 251 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5661) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``may'' and inserting ``shall'';
(ii) in subparagraph (A), by striking ``plan
and identify'' and inserting ``annually publish
a plan to identify''; and
(iii) in subparagraph (B)--
(I) by striking clause (iii) and
inserting the following:
``(iii) successful efforts to prevent status
offenders and first-time minor offenders from
subsequent involvement with the juvenile justice and
criminal justice systems;'';
(II) by striking clause (vii) and
inserting the following:
``(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 in the juvenile justice
system, including an examination of the effects of
secure confinement;'';
(III) by redesignating clauses (ix),
(x), and (xi) as clauses (xv), (xvi),
and (xvii), respectively; and
(IV) by inserting after clause (viii)
the following:
``(ix) training efforts and reforms that have
produced reductions in or elimination of the use of
dangerous practices;
``(x) methods to improve the recruitment, selection,
training, and retention of professional personnel who
are focused on the prevention, identification, and
treatment of delinquency;
``(xi) methods to improve the identification and
response to victims of domestic child sex trafficking
within the juvenile justice system;
``(xii) identifying positive outcome measures, such
as attainment of employment and educational degrees,
that States and units of local government should use to
evaluate the success of programs aimed at reducing
recidivism of youth who have come in contact with the
juvenile justice system or criminal justice system;
``(xiii) evaluating the impact and outcomes of the
prosecution and sentencing of juveniles as adults;
``(xiv) successful and cost-effective efforts by
States and units of local government to reduce
recidivism through policies that provide for
consideration of appropriate alternative sanctions to
incarceration of youth facing nonviolent charges, while
ensuring that public safety is preserved;''; and
(B) in paragraph (4)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``date of enactment
of this paragraph, the'' and inserting
``date of enactment of the Supporting
Youth Opportunity and Preventing
Delinquency Act of 2016, the''; and
(II) by inserting ``in accordance
with relevant confidentiality
requirements'' after ``wards of the
State''; and
(ii) in subparagraph (D), by inserting ``and
Indian tribes'' after ``State'';
(iii) in subparagraph (F), by striking
``and'' at the end;
(iv) in subparagraph (G), by striking the
period at the end and inserting a semicolon;
and
(v) by adding at the end the following:
``(H) a description of the best practices in discharge
planning; and
``(I) an assessment of living arrangements for juveniles who,
upon release from confinement in a State correctional facility,
cannot return to the residence they occupied prior to such
confinement.'';
(2) in subsection (b), in the matter preceding paragraph (1),
by striking ``may'' and inserting ``shall''; and
(3) by adding at the end the following:
``(f) National Recidivism Measure.--The Administrator, in accordance
with applicable confidentiality requirements and in consultation with
experts in the field of juvenile justice research, recidivism, and data
collection, shall--
``(1) establish a uniform method of data collection and
technology that States may 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. 208. TRAINING AND TECHNICAL ASSISTANCE.
Section 252 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5662) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``may'';
(B) in paragraph (1)--
(i) by inserting ``shall'' before ``develop
and carry out projects''; and
(ii) by striking ``and'' after the semicolon;
(C) in paragraph (2)--
(i) by inserting ``may'' before ``make grants
to and contracts with''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(3) shall provide periodic training for States regarding
implementation of the core requirements, current protocols and
best practices for achieving and monitoring compliance, and
information sharing regarding relevant Office resources on
evidence-based and promising programs or practices that promote
the purposes of this Act.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``may'';
(B) in paragraph (1)--
(i) by inserting ``shall'' before ``develop
and implement projects'';
(ii) by inserting ``, including compliance
with the core requirements'' after ``this
title''; and
(iii) by striking ``and'' at the end;
(C) in paragraph (2)--
(i) by inserting ``may'' before ``make grants
to and contracts with''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(3) shall provide technical assistance to States and units
of local government on achieving compliance with the amendments
to the core requirements and State Plans made by the Supporting
Youth Opportunity and Preventing Delinquency Act of 2016,
including training and technical assistance and, when
appropriate, pilot or demonstration projects intended to
develop and replicate best practices for achieving sight and
sound separation in facilities or portions of facilities that
are open and available to the general public and that may or
may not contain a jail or a lock-up; and
``(4) shall provide technical assistance to States in support
of efforts to establish 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, the 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.'';
(3) in subsection (c)--
(A) by inserting ``prosecutors,'' after ``public
defenders,''; and
(B) by inserting ``status offenders and'' after
``needs of''; and
(4) by adding at the end the following:
``(d) Best Practices Regarding Legal Representation of Children.--In
consultation with experts in the field of juvenile defense, the
Administrator shall--
``(1) share best practices, which may include sharing
standards of practice developed by recognized entities in the
profession, for attorneys representing children; and
``(2) provide a State, if it so requests, technical
assistance to implement any of the best practices shared under
paragraph (1).
``(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--
``(1) to promote methods for improving conditions of juvenile
confinement, including methods that are designed to minimize
the use of dangerous practices, unreasonable restraints, and
isolation and methods responsive to cultural differences; and
``(2) to encourage alternative behavior management techniques
based on positive youth development approaches, which may
include policies and procedures to train personnel to be
culturally competent.
``(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 and
management 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.
``(g) Training and Technical Assistance to Support Juvenile Court
Judges and Personnel.--The Attorney General, acting through the Office
of Juvenile Justice and Delinquency Prevention and the Office of
Justice Programs, shall provide training and technical assistance, in
conjunction with the appropriate public agencies, to enhance the
capacity of State and local courts, judges, and related judicial
personnel to--
``(1) improve the lives of children currently involved in or
at risk of being involved in the juvenile court system; and
``(2) carry out the requirements of this Act.
``(h) Free and Reduced Price School Lunches for Incarcerated
Juveniles.--The Attorney General, in consultation with the Secretary of
Agriculture, shall provide guidance to States relating to existing
options for school food authorities in the States to apply for
reimbursement for free or reduced price lunches under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) for
juveniles who are incarcerated and would, if not incarcerated, be
eligible for free or reduced price lunches under that Act.''.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5672) is amended--
(1) by striking subsections (b) and (c), and redesignating
subsection (d) as subsection (b);
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``(Excluding Parts C and E)'';
(B) by striking paragraph (1) and inserting the
following:
``(1) There are authorized to be appropriated to carry out this
title--
``(A) $76,125,000 for fiscal year 2018;
``(B) $76,125,000 for fiscal year 2019;
``(C) $77,266,875 for fiscal year 2020;
``(D) $78,425,878 for fiscal year 2021; and
``(E) $79,602,266 for fiscal year 2022.''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``(other than parts C and E)''; and
(ii) in subparagraph (C), by striking ``part
D'' and inserting ``parts D and E''.
SEC. 210. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5672) is amended--
(1) in subsection (d)--
(A) by inserting ``(1)'' before ``The
Administrator'';
(B) by striking ``, after appropriate consultation
with representatives of States and units of local
government,'';
(C) by inserting ``guidance,'' after
``regulations,''; and
(D) by adding at the end the following: ``In
developing guidance and procedures, the Administrator
shall consult with representatives of States and units
of local government, including those individuals
responsible for administration of this Act and
compliance with the core requirements.
``(2) The Administrator shall ensure that--
``(A) reporting, compliance reporting, State plan
requirements, and other similar documentation as may be
required from States is requested in a manner that respects
confidentiality, encourages efficiency and reduces the
duplication of reporting efforts; and
``(B) States meeting all the core requirements are encouraged
to experiment with offering innovative, data-driven programs
designed to further improve the juvenile justice system.''; and
(2) in subsection (e), by striking ``requirements described
in paragraphs (11), (12), and (13) of section 223(a)'' and
inserting ``core requirements''.
TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
SEC. 301. SHORT TITLE.
Section 501 of the Incentive Grants for Local Delinquency Prevention
Programs Act of 2002 (42 U.S.C. 5601 note) is amended--
(1) by inserting ``Youth Promise'' before ``Incentive
Grants''; and
(2) by striking ``2002'' and inserting ``2016''.
SEC. 302. DEFINITIONS.
Section 502 of the Incentive Grants for Local Delinquency Prevention
Programs Act of 2002 (42 U.S.C. 5781) is amended to read as follows:
``SEC. 502. DEFINITIONS.
``In this title--
``(1) the term `eligible entity' means--
``(A) a unit of local government that is in
compliance with the requirements of part B of title II;
or
``(B) a nonprofit organization in partnership with a
unit of local government described in subparagraph (A);
``(2) the term `local policy board', when used with respect
to an eligible entity, means a policy board that the eligible
entity will engage in the development of the eligible entity's
plan described in section 504(e)(5), and that includes--
``(A) not fewer than 15 and not more than 21 members;
and
``(B) a balanced representation of--
``(i) public agencies and private nonprofit
organizations serving juveniles and their
families; and
``(ii) business and industry;
``(C) at least one representative of the faith
community, one adjudicated youth, and one parent of an
adjudicated youth; and
``(D) in the case of an eligible entity described in
paragraph (1)(B), a representative of the nonprofit
organization of the eligible entity;
``(3) the term `mentoring' means matching 1 adult with 1 or
more youths for the purpose of providing guidance, support, and
encouragement through regularly scheduled meetings for not less
than 9 months;
``(4) the term `juvenile delinquency program' means a
juvenile delinquency program that is evidence-based or
promising and that may include--
``(A) alcohol and substance abuse prevention
services;
``(B) tutoring and remedial education, especially in
reading and mathematics;
``(C) child and adolescent health and mental health
services;
``(D) recreation services;
``(E) leadership and youth development activities;
``(F) the teaching that individuals are and should be
held accountable for their actions;
``(G) assistance in the development of job training
skills;
``(H) youth mentoring programs;
``(I) after-school programs;
``(J) coordination of a continuum of services, which
may include--
``(i) early childhood development services;
``(ii) voluntary home visiting programs;
``(iii) nurse-family partnership programs;
``(iv) parenting skills training;
``(v) child abuse prevention programs;
``(vi) family stabilization programs;
``(vii) child welfare services;
``(viii) family violence intervention
programs;
``(ix) adoption assistance programs;
``(x) emergency, transitional and permanent
housing assistance;
``(xi) job placement and retention training;
``(xii) summer jobs programs;
``(xiii) alternative school resources for
youth who have dropped out of school or
demonstrate chronic truancy;
``(xiv) conflict resolution skill training;
``(xv) restorative justice programs;
``(xvi) mentoring programs;
``(xvii) targeted gang prevention,
intervention and exit services;
``(xviii) training and education programs for
pregnant teens and teen parents; and
``(xix) pre-release, post-release, and
reentry services to assist detained and
incarcerated youth with transitioning back into
and reentering the community; and
``(K) other data-driven evidence-based or promising
prevention programs;
``(5) the term `State advisory group' means the advisory
group appointed by the chief executive officer of a State under
a plan described in section 223(a); and
``(6) the term `State entity' means the State agency
designated under section 223(a)(1) or the entity receiving
funds under section 223(d).''.
SEC. 303. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.
Section 503 of the Incentive Grants for Local Delinquency Prevention
Programs Act of 2002 (42 U.S.C. 5782) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) through (4) as paragraphs
(1) through (3), respectively.
SEC. 304. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.
Section 504 of the Incentive Grants for Local Delinquency Prevention
Programs Act of 2002 (42 U.S.C. 5781 et seq.) is amended to read as
follows:
``SEC. 504. GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS.
``(a) Purpose.--The purpose of this section is to enable local
communities to address the unmet needs of youth who are involved in, or
are at risk of involvement in, juvenile delinquency or gang activity,
including through a continuum of delinquency prevention programs for
juveniles who have had contact with the juvenile justice system or who
are likely to have contact with the juvenile justice system.
``(b) Program Authorized.--The Administrator shall--
``(1) for each fiscal year for which less than $25,000,000 is
appropriated under section 506, award grants to not fewer than
3 State entities, but not more than 5 State entities, that
apply under subsection (c) and meet the requirements of
subsection (d); or
``(2) for each fiscal year for which $25,000,000 or more is
appropriated under section 506, award grants to not fewer than
5 State entities that apply under subsection (c) and meet the
requirements of subsection (d).
``(c) State Application.--To be eligible to receive a grant under
this section, a State entity shall submit an application to the
Administrator, which includes the following:
``(1) An assurance the State entity will use--
``(A) not more than 10 percent of such grant, in the
aggregate--
``(i) for the costs incurred by the State
entity to carry out this section, except that
not more than 3 percent of such grant may be
used for such costs; and
``(ii) to provide technical assistance to
eligible entities receiving a subgrant under
subsection (e) in carrying out juvenile
delinquency programs under the subgrant; and
``(B) the remainder of such grant to award subgrants
to eligible entities under subsection (e).
``(2) An assurance that such grant will supplement, and not
supplant, State and local efforts to prevent juvenile
delinquency.
``(3) An assurance the State entity will evaluate the
capacity of eligible entities receiving a subgrant under
subsection (e) to fulfill the requirements under such
subsection.
``(4) An assurance that such application was prepared after
consultation with, and participation by, the State advisory
group, units of local government, community-based
organizations, and organizations that carry out programs,
projects, or activities to prevent juvenile delinquency in the
local juvenile justice system served by the State entity.
``(d) Approval of State Applications.--In awarding grants under this
section for a fiscal year, the Administrator may not award a grant to a
State entity for a fiscal year unless--
``(1)(A) the State that will be served by the State entity
submitted a plan under section 223 for such fiscal year; and
``(B) such plan is approved by the Administrator for such
fiscal year; or
``(2) after finding good cause for a waiver, the
Administrator waives the plan required under subparagraph (A)
for such State for such fiscal year.
``(e) Subgrant Program.--
``(1) Program authorized.--
``(A) In general.--Each State entity receiving a
grant under this section shall award subgrants to
eligible entities in accordance with this subsection.
``(B) Priority.--In awarding subgrants under this
subsection, the State entity shall give priority to
eligible entities that demonstrate ability in--
``(i) plans for service and agency
coordination and collaboration including the
collocation of services;
``(ii) innovative ways to involve the private
nonprofit and business sector in delinquency
prevention activities;
``(iii) developing data-driven prevention
plans, employing evidence-based prevention
strategies, and conducting program evaluations
to determine impact and effectiveness;
``(iv) identifying under the plan submitted
under paragraph (5) potential savings and
efficiencies associated with successful
implementation of such plan; and
``(v) describing how such savings and
efficiencies may be used to carry out
delinquency prevention programs and be
reinvested in the continuing implementation of
such programs after the end of the subgrant
period.
``(C) Subgrant program period and diversity of
projects.--
``(i) Program period.--A subgrant awarded to
an eligible entity by a State entity under this
section shall be for a period of not more than
5 years, of which the eligible entity--
``(I) may use not more than 18 months
for completing the plan submitted by
the eligible entity under paragraph
(5); and
``(II) shall use the remainder of the
subgrant period, after planning period
described in subclause (I), for the
implementation of such plan.
``(ii) Diversity of projects.--In awarding
subgrants under this subsection, a State entity
shall ensure, to the extent practicable and
applicable, that such subgrants are distributed
throughout different areas, including urban,
suburban, and rural areas.
``(2) Local application.--An eligible entity that desires a
subgrant under this subsection shall submit an application to
the State entity in the State of the eligible entity, at such
time and in such manner as determined by the State entity, and
that includes--
``(A) a description of--
``(i) the local policy board and local
partners the eligible entity will engage in the
development of the plan described in paragraph
(5);
``(ii) the unmet needs of youth in the
community who are or have been involved in, or
are at risk of being involved in juvenile
delinquency or gang activity;
``(iii) available resources in the community
to meet the unmet needs identified in the needs
assessment described in paragraph (5)(A);
``(iv) potential costs to the community if
the unmet needs are not addressed;
``(B) a specific time period for the planning and
subsequent implementation of its continuum of local
delinquency prevention programs;
``(C) the steps the eligible entity will take to
implement the plan under subparagraph (A); and
``(D) a plan to continue the grant activity with non-
Federal funds, if proven successful according to the
performance evaluation process under paragraph (5)(D),
after the grant period.
``(3) Matching requirement.--An eligible entity desiring a
subgrant under this subsection shall agree to provide a 50
percent match of the amount of the subgrant, which may include
the value of in-kind contributions.
``(4) Subgrant review.--
``(A) Review.--Not later than the end of the second
year of a subgrant period for a subgrant awarded to an
eligible entity under this subsection and before
awarding the remaining amount of the subgrant to the
eligible entity, the State entity shall--
``(i) ensure that the eligible entity has
completed the plan submitted under paragraph
(2) and that the plan meets the requirements of
such paragraph; and
``(ii) verify that the eligible entity will
begin the implementation of its plan upon
receiving the next installment of its subgrant
award.
``(B) Termination.--If the State entity finds through
the review conducted under subparagraph (A) that the
eligible entity has not met the requirements of clause
(i) of such subparagraph, the State entity shall
reallocate the amount remaining on the subgrant of the
eligible entity to other eligible entities receiving a
subgrant under this subsection or award the amount to
an eligible entity during the next subgrant competition
under this subsection.
``(5) Local uses of funds.--An eligible entity that receives
a subgrant under this subsection shall use the funds to
implement a plan to carry out delinquency prevention programs
in the community served by the eligible entity in a coordinated
manner with other delinquency prevention programs or entities
serving such community, which includes--
``(A) an analysis of the unmet needs of youth in the
community who are or have been, or are at risk of
being, involved in juvenile delinquency or gang
activity--
``(i) which shall include--
``(I) the available resources in the
community to meet the unmet needs; and
``(II) factors present in the
community that may contribute to
delinquency, such as homelessness, food
insecurity, teen pregnancy, youth
unemployment, family instability, lack
of educational opportunity; and
``(ii) may include an estimate--
``(I) for the most recent year for
which reliable data is available, the
amount expended by the community and
other entities for delinquency
adjudication for juveniles and the
incarceration of adult offenders for
offenses committed in such community;
and
``(II) of potential savings and
efficiencies that may be achieved
through the implementation of the plan;
``(B) a minimum 3-year comprehensive strategy to
address the unmet needs and an estimate of the amount
or percentage of non-Federal funds that are available
to carry out the strategy;
``(C) a description of how delinquency prevention
programs under the plan will be coordinated;
``(D) a description of the performance evaluation
process of the delinquency prevention programs to be
implemented under the plan, which shall include
performance measures to assess efforts to address the
unmet needs of youth in the community analyzed under
subparagraph (A);
``(E) the evidence or promising evaluation on which
such delinquency prevention programs are based; and
``(F) if such delinquency prevention programs are
proven successful according to the performance
evaluation process under subparagraph (D), a strategy
to continue such programs after the subgrant period
with non-Federal funds, including a description of how
any estimated savings or efficiencies created by the
implementation of the plan may be used to continue such
programs.''.
SEC. 305. GRANTS FOR TRIBAL DELINQUENCY PREVENTION AND RESPONSE
PROGRAMS.
The Incentive Grants for Local Delinquency Prevention Programs Act of
2002 (42 U.S.C. 5781 et seq.) is amended by redesignating section 505
as section 506 and by inserting after section 504 the following:
``SEC. 505. GRANTS FOR TRIBAL DELINQUENCY PREVENTION AND RESPONSE
PROGRAMS.
``(a) In General.--The Administrator shall make grants under this
section, on a competitive basis, to eligible Indian tribes (or
consortia of Indian tribes) as described in subsection (b)--
``(1) to support and enhance--
``(A) tribal juvenile delinquency prevention
services; and
``(B) the ability of Indian tribes to respond to, and
care for, juvenile offenders; and
``(2) to encourage accountability of Indian tribal
governments with respect to preventing juvenile delinquency,
and responding to, and caring for, juvenile offenders.
``(b) Eligible Indian Tribes.--To be eligible to receive a grant
under this section, an Indian tribe or consortium of Indian tribes
shall submit to the Administrator an application in such form as the
Administrator may require.
``(c) Considerations.--In providing grants under this section, the
Administrator shall take into consideration, with respect to the Indian
tribe to be served, the--
``(1) juvenile delinquency rates;
``(2) school dropout rates; and
``(3) number of youth at risk of delinquency.
``(d) Availability of Funds.--Of the amount appropriated for a fiscal
year to carry out this title, 11 percent shall be available to carry
out this section.''.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
Section 506, as redesignated by section 305, is amended to read as
follows:
``SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title--
``(1) $91,857,500 for fiscal year 2018;
``(2) $91,857,500 for fiscal year 2019;
``(3) $93,235,362 for fiscal year 2020;
``(4) $94,633,892 for fiscal year 2021; and
``(5) $96,053,401 for fiscal year 2022.''.
SEC. 307. TECHNICAL AMENDMENT.
Title V of the Juvenile Justice and Delinquency Prevention Act of
1974 as enacted by Public Law 93-415 (88 Stat. 1133) (relating to
miscellaneous and conforming amendments) is repealed.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Evaluation.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall--
(1) conduct a comprehensive analysis and evaluation regarding
the performance of the Office of Juvenile Justice and
Delinquency 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, sample of grantees (as determined by the Comptroller
General) that receive Federal funds under grant programs
administered by the agency including a review of internal
controls (as defined in section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603), as amended
by this Act) 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 outcome and results of the programs carried out by
the agency and those programs administered through grants by
the agency;
(2) the extent to which the agency has complied with the
Government Performance and Results Act of 1993 (Public Law 103-
62; 107 Stat. 285);
(3) 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;
(4) 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;
(5) whether less restrictive or alternative methods exist to
carry out the functions of the agency and whether current
functions or operations are impeded or enhanced by existing
statutes, rules, and procedures;
(6) the number and types of beneficiaries or persons served
by programs carried out by the agency;
(7) 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;
(8) the extent to which the agency complies with section 552
of title 5, United States Code (commonly known as the Freedom
of Information Act);
(9) whether greater oversight is needed of programs developed
with grants made by the agency; and
(10) the extent to which changes are necessary in the
authorizing statutes of the agency in order for the functions
of the agency to 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.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(A) submit a report regarding the evaluation
conducted under subsection (a) and audit under
subsection (b), to the Speaker of the House of
Representatives and the President pro tempore of the
Senate; and
(B) make the report described in subparagraph (A)
available to the public.
(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).
SEC. 402. ACCOUNTABILITY AND OVERSIGHT.
(a) In General.--The Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end the
following:
``TITLE VI--ACCOUNTABILITY AND OVERSIGHT
``SEC. 601. ACCOUNTABILITY AND OVERSIGHT.
``(a) Sense of Congress.--It is the sense of Congress that, in order
to ensure that at-risk youth, and youth who come into contact with the
juvenile justice system or the criminal justice system, are treated
fairly and that the outcome of that contact is beneficial to the
Nation--
``(1) the Department of Justice, through its Office of
Juvenile Justice and Delinquency Prevention, must restore
meaningful enforcement of the core requirements in title II;
and
``(2) States, which are entrusted with a fiscal stewardship
role if they accept funds under title II must exercise vigilant
oversight to ensure full compliance with the core requirements
for juveniles provided for in title II.
``(b) Accountability.--
``(1) Agency program review.--
``(A) Programmatic and financial assessment.--
``(i) In general.--Not later than 60 days
after the date of enactment of the Supporting
Youth Opportunity and Preventing Delinquency
Act of 2016, the Director of the Office of
Audit, Assessment, and Management of the Office
of Justice Programs at the Department of
Justice (referred to in this section as the
`Director') shall--
``(I) conduct a comprehensive
analysis and evaluation of the internal
controls of the Office of Juvenile
Justice and Delinquency Prevention
(referred to in this section as the
`agency') to determine if States and
Indian tribes receiving grants are
following the requirements of the
agency grant programs and what remedial
action the agency has taken to recover
any grant funds that are expended in
violation of grant programs, including
instances where--
``(aa) supporting
documentation was not provided
for cost reports;
``(bb) unauthorized
expenditures occurred; and
``(cc) subrecipients of grant
funds were not in compliance
with program requirements;
``(II) conduct a comprehensive audit
and evaluation of a selected
statistically significant sample of
States and Indian tribes (as determined
by the Director) that have received
Federal funds under title II, including
a review of internal controls to
prevent fraud, waste, and abuse of
funds by grantees; and
``(III) submit a report in accordance
with clause (iv).
``(ii) Considerations for evaluations.--In
conducting the analysis and evaluation under
clause (i)(I), and in order to document the
efficiency and public benefit of titles II and
V, the Director shall take into consideration
the extent to which--
``(I) greater oversight is needed of
programs developed with grants made by
the agency;
``(II) 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; and
``(III) the agency has implemented
recommendations issued by the
Comptroller General or Office of
Inspector General relating to the grant
making and grant monitoring
responsibilities of the agency.
``(iii) Considerations for audits.--In
conducting the audit and evaluation under
clause (i)(II), and in order to document the
efficiency and public benefit of titles II and
V, the Director shall take into consideration--
``(I) whether grantees timely file
Financial Status Reports;
``(II) whether grantees have
sufficient internal controls to ensure
adequate oversight of grant funds
received;
``(III) whether grantees' assertions
of compliance with the core
requirements were accompanied with
adequate supporting documentation;
``(IV) whether expenditures were
authorized;
``(V) whether subrecipients of grant
funds were complying with program
requirements; and
``(VI) whether grant funds were spent
in accordance with the program goals
and guidelines.
``(iv) Report.--The Director shall--
``(I) submit to the Congress a report
outlining the results of the analysis,
evaluation, and audit conducted under
clause (i), including supporting
materials, to the Speaker of the House
of Representatives and the President
pro tempore of the Senate; and
``(II) shall make such report
available to the public online, not
later than 1 year after the date of
enactment of this section.
``(B) Analysis of internal controls.--
``(i) In general.--Not later than 30 days
after the date of enactment of the Supporting
Youth Opportunity and Preventing Delinquency
Act of 2016, the Administrator shall initiate a
comprehensive analysis and evaluation of the
internal controls of the agency to determine
whether, and to what extent, States and Indian
tribes that receive grants under titles II and
V are following the requirements of the grant
programs authorized under titles II and V.
``(ii) Report.--Not later than 180 days after
the date of enactment of the Supporting Youth
Opportunity and Preventing Delinquency Act of
2016, the Administrator shall submit to
Congress a report containing--
``(I) the findings of the analysis
and evaluation conducted under clause
(i);
``(II) a description of remedial
actions, if any, that will be taken by
the Administrator to enhance the
internal controls of the agency and
recoup funds that may have been
expended in violation of law,
regulations, or program requirements
issued under titles II and V; and
``(III) a description of--
``(aa) the analysis conducted
under clause (i);
``(bb) whether the funds
awarded under titles II and V
have been used in accordance
with law, regulations, program
guidance, and applicable plans;
and
``(cc) the extent to which
funds awarded to States and
Indian tribes under titles II
and V enhanced the ability of
grantees to fulfill the core
requirements.
``(C) Report by the attorney general.--Not later than
180 days after the date of enactment of the Supporting
Youth Opportunity and Preventing Delinquency Act of
2016, the Attorney General shall submit to the
appropriate committees of the Congress a report on the
estimated amount of formula grant funds disbursed by
the agency since fiscal year 2010 that did not meet the
requirements for awards of formula grants to States
under title II.
``(2) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be
appropriated to the Department of Justice under this
Act may be used by the Attorney General, or by any
individual or organization awarded discretionary funds
through a cooperative agreement under this Act, to host
or support any expenditure for conferences that uses
more than $20,000 in funds made available to the
Department of Justice, unless the Deputy Attorney
General or such Assistant Attorney Generals, Directors,
or principal deputies as the Deputy Attorney General
may designate, provides prior written authorization
that the funds may be expended to host a conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food and beverages, audiovisual equipment,
honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on Education
and the Workforce of the House of Representatives on
all conference expenditures approved under this
paragraph.
``(3) Prohibition on lobbying activity.--
``(A) In general.--Amounts authorized to be
appropriated under this Act may not be utilized by any
recipient of a grant made using such amounts--
``(i) to lobby any representative of the
Department of Justice regarding the award of
grant funding; or
``(ii) to lobby any representative of a
Federal, State, local, or tribal government
regarding the award of grant funding.
``(B) Penalty.--If the Attorney General determines
that any recipient of a grant made using amounts
authorized to be appropriated under this Act has
violated subparagraph (A), the Attorney General shall--
``(i) require the recipient to repay the
grant in full; and
``(ii) prohibit the recipient to receive
another grant under this Act for not less than
5 years.
``(C) Clarification.--For purposes of this paragraph,
submitting an application for a grant under this Act
shall not be considered lobbying activity in violation
of subparagraph (A).
``(c) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a grant
to an applicant under this Act, the Attorney General shall
compare potential grant awards with other grants awarded under
this Act to determine if duplicate grant awards are awarded for
the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the Attorney
General shall submit to the Committee on the Judiciary of the
Senate and the Committee on Education and the Workforce of the
House of Representatives a report that includes--
``(A) a list of all duplicate grants awarded,
including the total dollar amount of any duplicate
grants awarded; and
``(B) the reason the Attorney General awarded the
duplicative grant.
``(d) Compliance With Auditing Standards.--The Administrator shall
comply with the Generally Accepted Government Auditing Standards,
published by the General Accountability Office (commonly known as the
`Yellow Book'), in the conduct of fiscal, compliance, and programmatic
audits of States.''.
(b) Technical and Conforming Amendment.--
(1) In general.--The Juvenile Justice and Delinquency
Prevention Act of 1974 is amended by striking paragraphs (6)
and (7) of section 407 (42 U.S.C. 5776a).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the 1st day of the 1st fiscal year that
begins after the date of enactment of this Act.
(3) Savings clause.--In the case of an entity that is barred
from receiving grant funds under paragraph (7)(B)(ii) of
section 407 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5776a), the amendment made by paragraph
(1) of this subsection shall not affect the applicability to
the entity, or to the Attorney General with respect to the
entity, of paragraph (7) of such section 407, as in effect on
the day before the effective date of the amendment made by
paragraph (1).
Purpose
H.R. 5963, the Supporting Youth Opportunity and Preventing
Delinquency Act of 2016 reauthorizes the Juvenile Justice and
Delinquency Prevention Act (JJDPA), which supports state and
local efforts to address the needs of at-risk youth and
juvenile offenders. JJDPA provides both core protections for
youth in the juvenile justice system and federal assistance to
encourage innovative and evidence-based approaches in the
delivery of services to youth. By incentivizing delinquency
prevention and practices based in research on adolescent
development, JJDPA fosters the growth and holistic
rehabilitation of at-risk youth and juvenile offenders at the
state and local levels.
Committee Action
H.R. 5963 reflects work by the Committee on Education and
the Workforce (Committee) in the 114th Congress to reauthorize
JJDPA. The bill builds upon the Committee's ongoing efforts to
examine federal programs, improve efficiency, and focus on
long-term sustainable success for all Americans.
114TH CONGRESS
First Session--Hearings
On October 8, 2015, the Committee held a hearing in
Washington, D.C., on ``Reviewing the Juvenile Justice System
and How it Serves At-Risk Youth.'' The purpose of the hearing
was to examine the juvenile justice system and federal, state,
and local efforts to serve at-risk youth and juvenile
offenders. Testifying before the Committee were Mr. Derek
Cohen, Deputy Director, Center for Effective Justice, Texas
Public Policy Foundation, Austin, Texas; Mr. Sloane Baxter,
Youth Advocate, Washington, D.C.; The Honorable Steven Teske,
Chief Judge, Clayton County Juvenile Court, Jonesboro, Georgia;
and Dr. Tim Goldsmith, Chief Clinical Officer, Youth Villages,
Memphis, Tennessee.
Second Session--Legislative Action
On September 8, 2016, Rep. Carlos Curbelo (R-FL) and
Ranking Member Robert C. ``Bobby'' Scott (D-VA), along with
Chairman John Kline (R-MN) and Reps. Susan Davis (D-CA), Earl
``Buddy'' Carter (R-GA), and Frederica Wilson (D-FL),
introduced H.R. 5963, the Supporting Youth Opportunity and
Preventing Delinquency Act of 2016. The bill reauthorized and
reformed federal juvenile justice programs to focus on long-
term success for at-risk youth and juvenile offenders,
prioritized effective services, and provided accountability for
federal funds.
On September 14, 2016, the Committee considered H.R. 5963,
the Supporting Youth Opportunity and Preventing Delinquency Act
of 2016, in legislative session and reported the bill
favorably, as amended, to the U.S. House of Representatives by
voice vote. There were two amendments offered:
Amendment in the Nature of a Substitute: Rep.
Curbelo offered an amendment in the nature of a substitute. The
amendment (1) updated the definition of ``Indian tribe'' to
include Alaska Natives; (2) added ``victims of sexual abuse''
to the categories of girls for whom states may consider
creating specific programs; (3) added ``after-school programs''
to the definition of juvenile delinquency program; and (4) made
other technical and clarifying changes. The amendment was
adopted by voice vote.
Amendment 1: Rep. Jared Polis (D-CO) offered an
amendment to prohibit corporal punishment in public schools.
The amendment was withdrawn.
Rep. David P. Roe (R-TN) offered a motion to report the
bill as amended. The motion was adopted by voice vote.
Summary
The first juvenile court was established in Illinois in
1899, and by 1925, nearly every state had established a
juvenile court system. The capacity to rehabilitate, rather
than punish, children became the focus of the system. As a
result, there continues to be significant procedural and
substantive differences between juvenile and adult courts.
In 1974, Congress passed JJDPA to formalize the federal
government's efforts to improve the state juvenile justice
systems. To receive grants, states must adhere to core
protections regarding the treatment of children in the juvenile
justice system. It authorized formula and competitive grants to
assist states in the administration of their juvenile justice
systems and to help states prevent youth from entering the
system. Finally, it authorized the Office of Juvenile Justice
Delinquency Prevention (OJJDP) to oversee federal juvenile
justice programs.
While JJDPA was reauthorized through the 21st Century
Department of Justice Appropriations Authorization Act in 2002,
many of the programs expired in Fiscal Years 2007 and 2008, but
they have continued to receive appropriations. In the 2002
reauthorization, Congress continued federal support of state
and local initiatives to administer juvenile justice systems
and combat juvenile delinquency. Congress placed a focus on the
education and rehabilitation needs of, and services for, at-
risk youth and offenders. At its core, JJDPA encourages every
state to have a juvenile justice system that is focused on
providing a healthy intervention in the life of delinquent
youth and supports state and local efforts to deliver effective
delinquency prevention services. These activities should serve
to limit juveniles' contact with the juvenile justice system or
keep children at-risk of involvement with the juvenile justice
system from entering the system at all.
H.R. 5963 continues these efforts by providing states and
local entities with flexibility to offer juveniles and at-risk
youth important services to help them address their offenses
and acquire skills that will foster growth and reintegration
into society. Further, the bill strengthens protections for
juveniles in secure confinement to ensure their safety.
Specifically, the legislation improves current law in the
following areas:
Prioritizing evidence-based strategies in juvenile systems and
delinquency prevention
The Administrator of OJJDP (the Administrator)
coordinates the federal government's activities relating to the
treatment of juvenile offenders and develops objectives,
priorities, strategies, and long-term plans concerning juvenile
offenders. In order to properly and successfully meet the needs
of these juveniles, H.R. 5963 requires the Administrator to
prioritize evidence-based and promising strategies and to use
current, reliable data to reduce juvenile delinquency. Placing
priority on programs and strategies proven to work ensures the
Administrator focuses on solutions for addressing juvenile
delinquency based in science and research and designed to yield
the best results for juveniles.
Improving the protection of youth in the Juvenile Justice System
JJDPA provides protections for juveniles in the
juvenile justice system designed to reinforce the distinct
differences between the juvenile and adult justice systems.
H.R. 5963 updates each of these core protections, increasing
the chances that a juvenile's time in secure detention is
productive and results in rehabilitation and growth.
Under current law, the ``jail removal'' core
protection prohibits youth under the jurisdiction of a juvenile
court from being held in adult jails. H.R. 5963 furthers the
goal of this protection by requiring a judge to determine
whether it is in the ``interest of justice'' for the youth
awaiting trial in an adult criminal court to be held in an
adult facility.
Current law promotes the deinstitutionalization of
status offenders (DSO) by prohibiting juveniles charged with
status offenses--crimes that would not be crimes if committed
by an adult (e.g., drinking, truancy)--from being placed in a
secure detention facility. There are two exceptions to this
requirement under JJDPA: (1) if the youth violates a valid
court order (VCO) or (2) if a youth is being held by the
interstate compact on juveniles.\1\ H.R. 5963 eliminates the
blanket VCO exception, replacing it with a phase out and
hardship exemptions awarded through OJJDP. If a VCO is used,
H.R. 5963 provides additional safeguards for status offenders
in locked facilities, including limits on how long status
offenders may be detained and requirements for periodic
hearings to determine if the detention is still necessary.
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\1\The interstate compact on juveniles is an agreement between the
states that regulates the interstate movement of children who are under
court supervision or who have run away from home and left their state
of residence.
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Current law also includes the disproportionate
minority contact (DMC) core protection that directs states to
assess and address the disproportionate contact of minority
youth at all points in the juvenile justice system--from arrest
to detention to confinement. H.R. 5963 updates the DMC core
requirement by requiring states to collect data at all points
in the juvenile justice system, so the state can analyze the
key decision points where racial and ethnic disparities are
created or increased.
Increasing oversight of Federal activities
To ensure the federal interest in juvenile justice
is conducted and administered properly, H.R. 5963 updates the
purpose, duties, and panel for the Coordinating Council on
Juvenile Justice and Delinquency Prevention (the Council). The
Council serves as an independent entity that coordinates all
federal juvenile delinquency programs and activities. The
Council is also required to review the programs and practices
conducted by federal agencies relating to juvenile justice and
report on the degree to which those programs and practices are
consistent with the core requirements outlined in the state
plans. With proper oversight, the federal efforts for
addressing juvenile delinquency will result in positive
outcomes.
H.R. 5963 updates the information included in the
Administrator's annual report to Congress and requires
information on the treatment of juveniles and their
circumstances prior to and after release. In addition, the
annual report now must provide information on whether state and
local programs receiving funding are considered promising and
if they are built upon current, reliable evidence. These
updates will provide a more accurate and transparent accounting
of juvenile justice efforts occurring across the country.
Ensuring effective state and local services and programs for juveniles
and at-risk youth
To ensure states and local entities receiving
funding provide evidence-based and promising services to
juveniles, H.R. 5963 ensures the state advisory group assisting
each state in developing its juvenile justice plan be
knowledgeable and active in the multiple disciplines required
to successfully provide juvenile justice and delinquency
prevention services.
The bill updates requirements in the state plan to
ensure vulnerable juvenile populations receive the services
they need. Such services include identifying alternatives to
detention; screening for human trafficking victims; and
providing appropriate accommodations for pregnant juveniles.
Additionally, H.R. 5963 encourages state agencies to
collaborate on providing youth a smooth transition out of the
juvenile justice system, specifically in the areas of education
and reentry as well as family engagement and community-based
services and strategies.
Research and evaluation of juvenile justice
H.R. 5963 requires the Administrator to issue an
annual plan for research and evaluation in order to better
understand juveniles, their experiences and needs, with
emphasis on reentry, mental and behavioral health, and the
conditions in secure confinement settings. In addition, H.R.
5963 adds new areas for research, including identifying
successful methods used to recruit and retain personnel in the
juvenile justice system; examining the effects of involvement
with the juvenile justice system; and identifying successful,
cost effective efforts to reduce recidivism. H.R. 5963 also
requires the Administrator to study the barriers faced by
states and Indian tribes providing services to juveniles,
provide a description of best practices in discharge planning,
and provide an assessment of living arrangements for juveniles
who cannot return to their homes. The information ascertained
from the research and study will help efforts in understanding
how best to serve at-risk youth.
Technical assistance and training for states and local entities
H.R. 5963 requires the Administrator to provide
technical assistance and training to help states properly
administer and comply with the requirements of the Act. H.R.
5963 also requires the Administrator to issue best practices
regarding legal representation of children and provide
technical assistance to the states if requested. This will help
ensure juveniles receive appropriate representation during
court proceedings and individuals who work with juveniles have
access to the training and resources needed to meet the unique
needs of this population.
Support for state and local initiatives
H.R. 5963 restructures the existing local
delinquency prevention grant program to allow localities to
better assess and respond to the unmet needs within the
community. Eligible states award five-year grants to local
communities to deliver a continuum of evidenced-based
prevention and intervention programs to at-risk youth, with a
focus on community engagement and coordination among existing
efforts and programs. The engagement and coordination are
designed to ensure the cost-saving potential of these programs
is realized and to increase the chances they will continue
after federal funding is no longer available. This
comprehensive assessment and response will help states and
local communities improve public safety and meet unique needs
in a systematic way that offers opportunities for long-term
success for at-risk and delinquent youth.
Program accountability within Federal efforts
H.R. 5963 requires accountability and oversight to
be conducted by DOJ relating to audits, states and tribal
compliance with the legislative requirements, and internal
controls at OJJDP. This accountability is necessary to prevent
waste, fraud, and abuse within the system. Additionally, H.R.
5963 encourages meaningful enforcement of the core requirements
and state compliance with federal law through a Sense of
Congress reinforcing the importance of federal oversight for
taxpayer dollars.
Committee Views
Introduction
Helping juvenile offenders and at-risk youth reject a life
of crime and violence requires more than a detention facility
or incarceration. Successful juvenile justice systems rely on
collaboration among community leaders, parents, guardians, and
teachers to prevent youth from starting down a path of
delinquency and entering the system; responsive juvenile courts
focused on intervening and making a difference in children's
lives if they do become delinquent; and--only when necessary--
appropriate detention facilities that encourage a juvenile's
rehabilitation, education, and reintegration into society. With
this focus, the Committee worked with stakeholders, including
young people who have been in the system, to draft legislation
that would assist, not hamper, the action of the states and
local entities as they work to combat and address juvenile
delinquency within their communities.
H.R. 5963, the Supporting Youth Opportunity and Preventing
Delinquency Act of 2016, will help states, parents, teachers,
and community members come together to prevent more children
from becoming delinquent, intervene in the lives of those that
do, and provide secure, safe, and nurturing environments for
juvenile offenders to restore ownership and purpose to their
lives. H.R. 5963 reemphasizes the belief that juvenile justice
is rooted not in punishment but rehabilitation. Decades of
research into adolescent behavior show that with the right
support services young offenders can change their life
trajectories.
In order to provide more young people that chance, H.R 5963
prioritizes the use of promising programs and strategies that
are based on research and proven effective with at-risk youth
and juvenile offenders to help ensure that widely-used
resources have the greatest impact. It provides states and
local communities more flexibility to address the unique needs
and circumstances of every child. In addition to a renewed
focus on what works, the bill strives to ensure that federal
agencies focused on juvenile delinquency are working in
collaboration by updating the membership of the established
Coordinating Council on Juvenile Justice and Delinquency
Prevention (Council). Bringing diverse perspectives to the
table to coordinate federal efforts means more opportunities
for these young people who often face a variety of challenges
and needs that may not be met by a single entity. Updating the
required contents of the Council's annual report to Congress
allows for better information about whether federal efforts are
meeting the intended purposes.
Annual report
Accurate information on state juvenile systems is necessary
for effective oversight and administration of federal
resources. Under JJDPA, the Administrator is required to submit
to Congress and the President an annual report providing in-
depth statistical information and analysis of the juvenile
justice system. This information informs policymakers and
provides practitioners with feedback useful to how state
systems are administered.
The Supporting Youth Opportunity and Preventing Delinquency
Act of 2016 updates the requirements of the annual report to
ensure that Congress continues to have the pertinent
information needed to advance effective juvenile justice
policy.
Since the last reauthorization of JJDPA, many trends have
emerged nationwide regarding the number and types of juveniles
entering the system, the offenses they commit, and their
disposition and treatment. For example, data reported by OJJDP
shows that while the male arrest rate for aggravated assault
reached its lowest level since at least 1980, the female arrest
rate for aggravated assault in 2014 was 14 percent above its
1980 low-point.\2\ Statistics like these demonstrate that while
juvenile crime is falling nationwide, more girls are entering
the juvenile justice system now than in the past.
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\2\OJJDP Statistical Briefing Book. Online. Available: http://
www.ojjdp.gov/ojstatbb/crime/JAR_Display.asp?ID=qa05235. December 13,
2015.
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The bill requires better information around girls in the
juvenile justice system to ensure we have an accurate
reflection of the population, including their rates of
pregnancy. Additionally, annual report provisions in H.R. 5963
require data on the usage of restraints and other conditions of
confinement. The bill requires reporting on the characteristics
of juvenile cases involving status offenses. H.R. 5963 will
also phase-out the VCO exception to the DSO, and the Committee
believes information around the use of VCOs will aid in the
phase-out of this practice. Reliable information on the number
of status offense cases petitioned to court, the 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 will
improve transparency as well as ensure young people are placed
in the best possible setting. Also it is the view of the
Committee that institutionalization of a status offender as a
result of a failure to remit a fee, fine, or any other cost
assessed by the juvenile justice system arising from the
underlying status offense is often not in the interest of
justice and hinders a status offender's ability to be
successful in society.
Additionally, H.R. 5963 requires the Administrator's annual
report to provide data on the number of juveniles whose
offenses originated on school grounds, occurred during school
activities, or were referred by school officials. This
information will help policymakers determine whether school-
based referrals serve as the predominant point of entry for
many children, particularly low-income and minority children,
into the juvenile justice system, as research has suggested.\3\
The escalation of a school-based offense into a juvenile
delinquency case can be the start of a child's descent into the
adult criminal justice system, contributing to what the Federal
Advisory Committee on Juvenile Justice refers to as the
``school to prison pipeline.''\4\ In a recent report, the
Children's Defense Fund cites a number of factors that resulted
in its estimate that African-American boys born in the year
2000 had a 1 in 3 chance of going to prison in their
lifetimes.\5\
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\3\E.g., National Academy of Science, Reforming Juvenile Justice 82
(2013).
\4\Federal Advisory Committee on Juvenile Justice Annual Report.
Online. Available: http://www.facjj.org/annualreports/00-
facjj%20annual%20report-final%20508.pdf. November 2010.
\5\ Children's Defense Fund, America's Cradle to Prison Pipeline 16
(2007). Available at http://www.childrensdefense.org/library/data/
cradle-prison-pipeline-report-2007-full-lowres.pdf.
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Data providing a comprehensive look at the characteristics
of the juvenile justice system is the first step in helping
policymakers better understand what services are needed, if
gaps in services exist, or if policies have unintended
consequences resulting in poor outcomes for youth. With better
data, intervention and prevention services can keep more young
people from becoming involved with the system and provide young
people the support they need after release from secure
confinement or community-based programming to improve their
chances at success.
State plans
JJDPA requires states seeking federal funding for their
juvenile justice systems to submit to the Administrator a plan
outlining their juvenile justice efforts. Included in this plan
are designations for what state agency will have jurisdiction
over the state's system and the makeup of the state's group of
advisors (state advisory group or SAG) that will bring their
expertise to the creation of the plan. While each state looks
to JJDPA in developing its plan, the plan itself is a creation
of state and local officials and reflects the state's
priorities in juvenile justice.
Each young person has unique challenges that are best met
by those closest to him or her. A program that achieves
positive results with the young people of New York City may not
be as successful in assisting those living in rural Oklahoma,
and vice versa. States have distinct challenges and different
perspectives, and JJDPA allows those differences to flourish
while providing clear protections for juveniles and
requirements for states to address in their plans. The
Committee believes this balance in federal policy encourages
state and local innovation to address the circumstances facing
the young people in their community while protecting the
ability for those children to succeed. Helping at-risk youth
make decisions that improve their future requires commitment
from their community, their state, and the federal government.
Part of that help requires flexibility for state and local
governments to address the needs of this population, and H.R.
5963 includes provisions to protect that flexibility to support
local innovation.
The Supporting Youth Opportunity and Preventing Delinquency
Act of 2016 emphasizes that states in developing their plans
should attempt to use relevant data relating to adolescent
development and juvenile delinquency, so their juvenile justice
systems have the greatest chances of being efficient and
effective. In juvenile justice, states have truly been the
laboratories of democracy, and in the 14 years since JJDPA was
last reauthorized, several states have developed, implemented,
evaluated, and expanded successful approaches to juvenile
justice.\6\ While the work of these states varied, H.R. 5963
recognizes there is a core framework of ideas these states have
implemented successfully. They include reserving secure
detention as a disposition for only the most severe cases;
placing lower-level offenders in community-based alternatives
to secure detention; prioritizing mental and behavioral
services; recognizing that delinquent behavior can often be a
response to sexual abuse, exploitation, and other traumas; and
using assessment and screening tools to determine effective
allocations of services. Over the last decade, states have
consistently shown that these reforms can be implemented at
lower public costs, while maintaining public safety.
---------------------------------------------------------------------------
\6\See, e.g., Adam Gelb, West Virginia's 2015 Juvenile Justice
Reform, The Pew Charitable Trusts, May 12, 2016, available at: http://
www.pewtrusts.org/en/research-and-analysis/issue-briefs/2016/05/west-
virginias-2015-juvenile-justice-reform, Jim Shuler, Juvenile Justice
Reforms [Georgia] Spotlighted in 2014, (January 21, 2014), https://
georgia.gov/blog/2014-01-24/juvenile-justice-reforms-spotlighted-2014,
Richard Mendel, Juvenile Justice Reform in Connecticut: How
Collaboration and Commitment Have Improved Public Safety and Outcomes
for Youth, Justice Policy Institute, 2013 available at http://
www.justicepolicy.org/uploads/justicepolicy/documents/
jpi_juvenile_justice_reform_in_ct.pdf, Marc Levin, The Texas Model,
Comprehensive Juvenile Justice Reform: Cutting Costs, Saving Lives,
Texas Public Policy Foundation, 2011 available at http://
www.texaspolicy.com/library/doclib/2011-09-PB43-TexasModel-
JuvenileJustice-CEJ-MarcLevinJeanetteMoll-online.pdf, Richard Mendel,
The Missouri Model: Reinventing the Practice of Rehabilitating Youthful
Offenders, Annie E. Casey Foundation, 2010, available at http://
www.aecf.org/m/resourcedoc/aecf-MissouriModelFullreport-2010.pdf.
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As more states implement reforms, we will see success and
failure. However, H.R. 5963 recognizes the evidence has grown
enough to incentivize more states to adopt these commonsense
reforms, and it allows states that have reformed their systems
to innovate even further in the delivery of services and
administration of justice.
Without the proper information, it is difficult to develop,
create, or administer effective programs. This foundation is
necessary to inform actions, make logical choices, and proceed
with the expectation of success. However, this cannot happen if
knowledgeable individuals involved in the field are not engaged
in creating the goals. They are most familiar with the children
and the system; therefore, their input is essential to the
thoughtful development of the goals in the state plans. This is
a critical way communities and local stakeholders can be
engaged in helping address juveniles' needs at the local level.
For example, Mr. Sloane Baxter, a youth activist from
Washington, D.C., testified before the Committee about his
firsthand experience in the juvenile justice system. At 14
years old, Mr. Baxter, in retaliation to family problems at
home, tried to steal a car. After being apprehended by the
police, Mr. Baxter was placed on probation. As he explained,
``There was no positive intervention with me at this point.
Probation monitored me but didn't do anything to implement help
or assistance in my circumstances.\7\
---------------------------------------------------------------------------
\7\Full Committee hearing entitled ``Reviewing the Juvenile Justice
System and How it Serves At-Risk Youth'' on October 8, 2015. Testimony
from Mr. Sloane Baxter, Youth Advocate, Washington, D.C. U.S. House of
Representatives, Committee on Education and the Workforce, Washington,
D.C.
---------------------------------------------------------------------------
Mr. Baxter continued to explain that he was placed in a
detention facility that was an arena for fights and
unsupervised actions. At 15 years-old, Mr. Baxter was facing
depression and did not see hope for his future. However, Boys
Town, an organization that provides at-risk youth and families
with services to help them succeed, interviewed Mr. Baxter for
a spot within their program. He explained,
``I didn't know what to expect, but when I arrived,
it was so different from the institutional, locked
facilities where I had been. Boys Town was the first
place that I had went where I felt that people actually
cared about what they did and they actually cared about
what I did.
``It was a positive, non-hostile environment. The
expectations to learn and succeed were clear. It was a
family-oriented atmosphere.''\8\
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\8\Ibid.
Today, because of the alternative interventions he
received, Mr. Baxter has been continuously employed for four
years and has begun his own home improvement business. He is
self-reliant and has cultivated a relationship with his
parents. This was all possible due to the positive
reinforcement and guidance he received through an alternative,
community-based setting.
Research and evaluation, statistical analyses, and information
dissemination
Recognizing the positive impact of reliable, up-to-date
information, the Supporting Youth Opportunity and Preventing
Delinquency Act of 2016 requires the Administrator annually to
support new research, evaluations, statistical analyses, and
information dissemination on topics related to improving the
juvenile system. The Administrator is required to review
recidivism; health needs; possible ways to reduce dangerous
practices; recruiting, training, and retaining qualified and
quality personnel that know how to work with juveniles; and
changes in victim treatment and response. The Administrator is
also required to identify positive outcomes and the cost-
effective efforts to reduce recidivism and to evaluate the
impact of trying juveniles as adults.
Training and technical assistance and accountability/oversight
To successfully adhere to program requirements at the state
and local level, states and grant recipients need technical
assistance. This focus relates directly to the original intent
of JJDPA to assist state and local efforts in preventing
juvenile delinquency. The more states and local entities are
able to innovate, the more programs and initiatives on the
local level will succeed in positively addressing juvenile
justice. To ensure continuous growth, the Supporting Youth
Opportunity and Preventing Delinquency Act of 2016 requires
oversight and accountability, particularly in relation to the
adherence to the core requirements. For example, the bill
requires a Government Accountability Office review of the
internal controls at OJJDP to ensure the appropriate grant
management structures are in place. Additionally, the Committee
recognizes training can bridge cultural gaps between local and
state juvenile detention and corrections personnel and the
communities of youth they serve. By allowing for policies and
procedures that are responsive to cultural differences and
provide for cultural competency, the bill provides for training
that will be more effective and result in a better
administration of facilities and safer environments for youth
and personnel. Effective training outlined in H.R. 5963 will
ensure states properly guide their initiatives toward reforming
juvenile justice systems.
Youth promise incentive grants for local delinquency prevention
programs
While reform of state juvenile justice facilities is timely
and necessary, the Committee believes if states and localities
wait until a youth has committed a detainable offense to begin
offering support, they have missed many opportunities to change
the course of that child's life. Primary prevention and
intervention programs have the potential to stop the youth from
becoming involved initially with the juvenile or criminal
justice system. Research and evidence show that a continuum of
comprehensive, evidenced-based prevention and intervention
programs for youth identified as being at risk of delinquent
behavior, and for those already involved, can greatly reduce
juvenile delinquency, crime, and save money as compared to law
enforcement, corrections, and social welfare expenditures.
By restructuring the Title V Delinquency Prevention Grant
Program, H.R. 5963 includes provisions long championed by
members of Congress to help address the many challenges facing
at-risk youth. Those efforts included targeting reforms for
young people who are at-risk of becoming involved, or who are
involved, in gangs or the criminal justice system, to redirect
them toward productive and law-abiding alternatives. Title III
of H.R. 5963 is modeled on the Youth PROMISE Act and provides
states and localities with competitive grants to implement
continuums of locally-tailored, evidence-based and promising
delinquency prevention and intervention programs.
Conclusion
H.R. 5963 prioritizes what works; provides flexibility for
states and local communities to meet the needs of delinquent
and at-risk youth; and improves accountability of juvenile
justice programs at all levels. Ultimately, this bill will help
more children acquire the skills and knowledge to hold
themselves accountable for their actions, grow into productive
members of society, and seize opportunities to work toward a
brighter future.
Section-by-Section
Section 1--Short title
Lists the short title of the Act as the ``Supporting Youth
Opportunity and Preventing Delinquency Act of 2016.''
Section 2--Table of contents
Lays out the table of contents for the Act.
TITLE I--DECLARATION OF FINDINGS, PURPOSE, AND DEFINITIONS
Section 101--Findings
Updates the findings of the Act.
Section 102--Purposes
Updates the purposes of the Act.
Section 103--Definitions
Updates and provides the definitions for the Act.
TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
Section 201--Concentration of Federal Efforts
Clarifies the Administrator (the Administrator) of the
Office of Juvenile Justice and Delinquency Prevention (OJJDP)
must develop and issue a long-term plan to improve juvenile
justice systems in the country. The plan must reflect the
latest scientific knowledge regarding adolescent development
and behavior and consider the effects prevention and
intervention programs have on adolescents.
Section 202--Coordinating Council on Juvenile Justice and Delinquency
Prevention
Updates the panel, procedures, rules, and purpose for the
Coordinating Council on Juvenile Justice and Delinquency
Prevention (the Council). The primary function of the Council
is to coordinate all federal juvenile delinquency programs or
activities that detain or care for delinquent youth or youth at
risk of delinquency. Updates the reviews required of the
Council.
Section 203--Annual report
Updates the timeline for the submission of the annual
report by the Administrator. The report must contain a detailed
summary and analysis regarding the current landscape of the
juvenile justice system in the country. Updates the
requirements in the report to include specific information
related to juveniles, juvenile cases, and the internal controls
at OJJDP.
Section 204--Allocation of funds
Limits the amount of technical assistance grants to 5
percent of the total funds made available for state formula
grants.
Updates the formula for state grants to be based on the
most recent census data for the state population under 18 years
of age. Updates the ratios for appropriated and allocated funds
to states and select territories.\9\
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\9\United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
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Section 205--State plans
Makes changes to the state plan to include a description of
how the state plan is supported by or takes into account
scientific knowledge regarding adolescent development and
requires the plan to be made public after submission. Updates
the state advisory group to include publicly-supported, court-
appointed legal counsel; Indian tribes in states that have
Indian tribes; victim advocacy groups; and parents of juveniles
currently involved in the juvenile justice system, as
appropriate.
Updates the state plan to include alternatives to detention
for status offenders and juveniles who have been induced to
perform commercial sex acts and plans to reduce the number of
children housed in secure detention and corrections facilities.
The plan also includes descriptions on how states will engage
family members, use community-based services, and promote
evidence-based and trauma-informed programs and practices. The
plan also requires a description of how the state will
eliminate the use of restraints on known pregnant juveniles
during labor, delivery, and recovery.
Updates the plan to include a review when a juvenile may be
placed in an adult facility or in contact with adult inmates to
ensure it is in the interest of justice and requires regular
periodic reviews if a juvenile stays in an adult facility or in
sight and sound contact with adult inmates. Also updates the
plan to ensure there is a system to monitor facilities, that
states are examining key decision points in the system that
contribute to disproportionate minority contact, and phases out
the use of the valid court order exception for status offenders
by September 30, 2020, with a one-year hardship exemption for
each year a state can prove hardship in removing this
exception. Further updates the plan to include descriptions of
reentry planning, mental health and substance abuse services,
coordination of funding, identification of human trafficking
survivors, training for personnel working with juveniles, and
an assurance that the state juvenile justice agency will work
with the state educational agency to ensure continuity of
education services.
Adds new uses of funds under state grants and requires a
priority for evidence-based or promising programs. The uses of
funds now include programs that provide community-based
services for former or active gang members and access to
appropriate legal representation; inform juveniles of the
opportunity and process for sealing and expungements of
records; address the needs of girls at risk of entering the
system, including human trafficking survivors; provide services
for youths whose parents or guardians are or were incarcerated
or under federal jurisdiction; and provide monitoring and
training for compliance with the core requirements.
Updates the Administrator's responsibilities in determining
state compliance with the core requirements to ensure a
determination is made each fiscal year and improves the
transparency of the determination as well as action taken.
Section 206--Repeal of juvenile delinquency prevention block grant
program
Repeals a grant program for local delinquency prevention
programs that has never been funded.
Section 207--Research and evaluation; statistical analyses; information
dissemination
Requires the Administrator to annually publish a plan for
research and evaluation of issues in juvenile justice and
juvenile justice programs. The section adds new research to be
considered, including (1) successful efforts to prevent reentry
for first-time offenders; (2) behavioral health needs among
juveniles; (3) training efforts and reforms that result in the
reduction or elimination of dangerous practices; (4) methods to
improve recruitment, selection, and retention of personnel who
work in the juvenile justice system; (5) reforms in sex
trafficking identification and response; (6) identifying
positive outcome measures to evaluate success; (7) the effects
of prosecution and sentencing of juveniles as adults; and (8)
successful and cost-effective efforts to reduce recidivism.
Requires the Administrator to conduct a study no later than
one year after enactment that analyzes the barriers faced by
states and Indian tribes providing services to juveniles, a
description of best practices in discharge planning, and an
assessment of living arrangements for juveniles who cannot
return home. Requires the Administrator to develop a metric to
determine recidivism rates that states may use.
Section 208--Training and technical assistance
Updates the requirement that the Administrator provide
training and technical assistance to public and private
agencies in order to help them successfully meet the
requirements of the Act.
Section 209--Authorization of appropriations
Authorizes appropriations for Title II.
Section 210--Administrative authority
Updates the administrative authority to ensure the
Administrator requests information in a manner that respects
confidentiality, encourages efficiency, and reduces duplicative
reporting. Also requires the Administrator to ensure states
meeting the core requirements are encouraged to attempt
innovative, data-driven programs designed to improve the
states' juvenile justice systems.
TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
Section 301--Title
States the short title as ``Youth Promise Incentive Grants
for Local Delinquency Prevention Programs Act of 2016.''
Section 302--Definitions
Adds definitions for state entity, mentoring, eligible
entities for local grants, local policy board, and juvenile
delinquency program.
Section 303--Duties and functions of the Administrator
Strikes the explicit requirement that the Administrator
issue regulations for this Title.
Section 304--Grants for Delinquency Prevention Programs
Lists the purpose of this section as helping local
communities address the unmet needs of youth involved in or at
risk of being involved in juvenile delinquency or gang
activity, which includes a continuum of evidence-based or
promising prevention programs and activities. Also specifies
the number of states eligible to receive an award depending on
the appropriated amount.
Updates the state application to limit the amount a state
can spend on administrative costs, prohibits grants from
supplanting state and local efforts in preventing juvenile
delinquency, requires states to properly evaluate subgrantees
capacity to carry out the duties for receiving the grants, and
requires the application be prepared in consultation with those
in the field. States must submit state plans under Title II to
be eligible for this program; however, the Administrator can
waive that requirement for due cause.
States that receive grants under this section are
authorized to make subgrants to local entities for a five-year
grant period of which no more than 18 months can be used for
planning. Eligible local entities applying for a subgrant must
analyze the unmet needs of youth in the community in terms of
delinquency prevention, develop a minimum three-year
comprehensive strategy to address the unmet needs with a
description of the delinquency prevention programs to be used
and how they are to be coordinated, and potential savings and
efficiencies that may be achieved as a result of the
implementation. The plan must also describe how the continuum
of services will be evaluated, the evidence on which they will
be based, and how they plan to continue the program after the
period of federal investment.
Section 305--Grants for Tribal Delinquency Prevention and Response
Programs
Moves the existing grant program for Indian tribes to its
own section and makes minor updates to reflect the terminology
used in juvenile justice.
Section 306--Authorization of appropriations
Authorizes appropriations for the Title.
Section 307--Technical and conforming amendment
Makes a technical and conforming change.
TITLE IV--MISCELLANEOUS PROVISIONS
Section 401--Evaluation by Government Accountability Office
Requires an evaluation by the Government Accountability
Office no later than one year after enactment of the
performance of OJJDP and its grantees to prevent waste, fraud,
and abuse.
Section 402--Accountability and oversight
Sense of Congress
Adds a sense of Congress that states OJJDP should
meaningfully enforce the core requirements and states should
exercise oversight of compliance with the core requirements.
Accountability
Adds an accountability section that requires the Director
of the Office of Audit, Assessment, and Management of the
Office of Justice Programs at the Department of Justice (DOJ)
within 60 days of enactment to conduct oversight relating to
states' and tribes' compliance with agency grant program
requirements, review and audit internal controls of OJJDP, and
use the information provided to determine additional oversight
where needed and the circumstances relating to the audits. The
Director is required to submit the report to Congress and make
it available to the public.
Requires the Administrator within 30 days after enactment
to evaluate and analyze whether states and tribes are following
the requirements of the grant programs authorized under this
Act. Within 180 days after enactment, the Administrator is to
submit the findings and needed actions to Congress.
Requires the Attorney General to submit a report on the
estimated amount of grant funds disbursed since 2010 that
failed to meet the requirements for awards no later than 180
days after enactment.
Prohibits the use of funds for conference expenditures
above $20,000 without written approval by DOJ and prohibits
using funds for lobbying activity.
Requires the U.S. Attorney General to compare potential
grant awards with other grants awarded to prevent duplication,
and if duplication occurs, submit to the Committee on the
Judiciary of the Senate and the Committee on Education and the
Workforce of the House of Representatives that information and
reasons for duplicative grants.
Explanation of Amendments
The amendments, including the amendment in the nature of a
substitute, are explained in the body of this report.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. H.R. 5963 reauthorizes the Juvenile Justice and
Delinquency Prevention Act (JJDPA), which supports state and
local efforts to address the needs of at-risk youth and
juvenile offenders.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. This issue is addressed in the CBO letter.
Earmark Statement
H.R. 5963 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of House Rule XXI.
Roll Call Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against. No roll call votes were taken.
Statement of General Performance Goals and Objectives
In accordance with clause (3)(c) of House rule XIII, the
goal of H.R. 5963 is to support state and local efforts to
address the needs of at-risk youth and juvenile offenders.
Duplication of Federal Programs
No provision of H.R. 5963 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The committee estimates that enacting H.R. 5963 does not
specifically direct the completion of any specific rule makings
within the meaning of 5 U.S.C. 551.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the committee's oversight findings and recommendations are
reflected in the body of this report.
New Budget Authority and CBO Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the committee has received
the following estimate for H.R. 5963 from the Director of the
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 19, 2016.
Hon. John Kline,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5963, the
Supporting Youth Opportunity and Preventing Delinquency Act of
2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 5963--Supporting Youth Opportunity and Preventing Delinquency Act
of 2016
Summary: H.R. 5963 would authorize the appropriation of
about $855 million over the 2018-2022 period, mostly for the
Department of Justice to make grants to state, local, and
tribal governments for programs aimed at reducing juvenile
delinquency and improving the juvenile justice system.
CBO estimates that implementing H.R. 5963 would cost about
$340 million over the 2017-2021 period, assuming appropriation
of the authorized amounts. The remaining $515 million would be
spent after 2021. Pay-as-you-go procedures do not apply to this
legislation because enacting it would not affect direct
spending or revenues.
CBO estimates that enacting the legislation would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
H.R. 5963 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effects of H.R. 5963 are shown in the following
table. The costs of this legislation fall within budget
function 750 (administration of justice).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 0 168 168 171 173 680
Estimated Outlays....................................... 0 20 67 109 144 340
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
amounts authorized in the bill will be appropriated by the
start of each fiscal year and that outlays will follow the
historical rate of spending for this program.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 5963
contains no intergovernmental or private-sector mandates as
defined in UMRA. State, local, and tribal governments could
benefit from authorized appropriations for juvenile justice
programs. Any costs to those governments would be incurred
voluntarily as a condition of receiving federal assistance.
Previous CBO estimate: On August 31, 2015, CBO transmitted
a cost estimate for S. 1169, the Juvenile Justice and
Delinquency Prevention Reauthorization Act of 2015, as ordered
reported by the Senate Committee on the Judiciary on July 23,
2015. That bill would authorize the appropriation of $833
million over the 2016-2020 period for the Department of Justice
to make similar grants and CBO estimated that implementing the
legislation would cost about $500 million over the 2016-2020
period. Differences in those estimates reflect differences in
the authorized amounts and the time period for those
authorizations.
Estimate prepared by: Federal costs: Mark Grabowicz; Impact
on state, local, and tribal governments: Rachel Austin; Impact
on the private sector: Paige Piper/Bach.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 5963.
However, clause 3(d)(2)(B) of that rule provides that this
requirement does not apply when the committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974
* * * * * * *
TITLE I--FINDINGS AND DECLARATION OF PURPOSE
findings
Sec. 101. (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 1970's, 19 States reported
youth gang problems. By the late 1990's, 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, including offenders who enter
the juvenile justice system as the result of sexual
abuse, exploitation, and trauma, 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.
purposes
Sec. 102. The purposes of this title and title II are--
(1) to support State, tribal, and local programs that
prevent juvenile involvement in delinquent behavior;
(2) to assist State, tribal, 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.]
(3) to assist State, tribal, and local governments in
addressing juvenile crime through the provision of
technical assistance, research, training, evaluation,
and the dissemination of current and relevant
information on effective and evidence-based programs
and practices for combating juvenile delinquency; and
(4) to support a continuum of evidence-based or
promising programs (including delinquency prevention,
intervention, mental health, behavioral health and
substance abuse treatment, family services, and
services for children exposed to violence) that are
trauma informed, reflect the science of adolescent
development, and are designed to meet the needs of at-
risk youth and youth who come into contact with the
justice system.
definitions
Sec. 103. For purposes of this Act--
(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 Act;
(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 401 of title I
of the Omnibus Crime Control and Safe Streets Act of
1968;
(B) the term ``Office of Justice Programs'' means the
office established by section 101 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968;
(C) the term ``National Institute of Justice'' means
the institute established by section 202(a) of title I
of the Omnibus Crime Control and Safe Streets Act of
1968; and
(D) the term ``Bureau of Justice Statistics'' means
the bureau established by section 302(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968;
(5) the term ``Administrator'' means the agency head
designated by section 201(b);
(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; or
[(C) an Indian Tribe that performs law
enforcement functions, as determined by the
Secretary of the Interior; or]
[(D)] (C) 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;
(17) the term ``Council'' means the Coordinating
Council on Juvenile Justice and Delinquency Prevention
established in section 206(a)(1);
(18) the term ``Indian tribe'' means--
(A) a federally recognized Indian tribe; or
(B) an Alaskan Native organization;
that has a law enforcement function, as determined by
the Secretary of the Interior in consultation with the
Attorney General;
(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;]
(22) the term ``jail or lockup for adults'' means a
secure facility that is used by a State, unit of local
government, or law enforcement authority to detain or
confine adult inmates;
(23) the term ``nonprofit organization'' means an
organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 that is exempt from
taxation under section 501(a) of the Internal Revenue
Code of 1986;
(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'' 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;]
(25) the term ``sight or sound contact'' means any
physical, clear visual, or verbal contact that is not
brief and inadvertent;
(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 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 or supervision, including post-
placement or parole supervision, 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''--
(A) means the requirements described in
paragraphs (11), (12), (13), and (15) of
section 223(a); and
(B) does not include the data collection
requirements described in subparagraphs (A)
through (K) of section 207(1);
(31) the term ``chemical agent'' means a spray or
injection 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 10 minutes in a
room or cell; and
(B) does not include--
(i) confinement during regularly
scheduled sleeping hours;
(ii) separation based on a treatment
program approved by a licensed medical
or mental health professional;
(iii) confinement or separation that
is requested by the youth; or
(iv) the separation of the youth from
a group in a nonlocked setting for the
limited purpose of calming;
(33) the term ``restraints'' 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--
(A) is demonstrated to be effective when
implemented with fidelity;
(B) is based on a clearly articulated and
empirically supported theory;
(C) has measurable outcomes relevant to
juvenile justice, including a detailed
description of the outcomes produced in a
particular population, whether urban or rural;
and
(D) has been scientifically tested and proven
effective through randomized control studies or
comparison group studies and with the ability
to replicate and scale;
(35) the term ``promising'' means a program or
practice that--
(A) is demonstrated to be effective based on
positive outcomes relevant to juvenile justice
from 1 or more objective, independent, and
scientifically valid evaluations, as documented
in writing to the Administrator; and
(B) will be evaluated through a well-designed
and rigorous study, as described in paragraph
(34)(D);
(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, behavioral health, substance
abuse, or other needs requiring immediate
attention, intervention, and further
evaluation; and
(B) the purpose of which is to quickly
identify a youth with possible mental health,
behavioral health, substance abuse, or other
needs 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 an appropriately trained professional
who is licensed or certified by the applicable
State in the mental health, behavioral health,
or substance abuse fields; and
(B) which is designed to identify significant
mental health, behavioral health, or substance
abuse treatment needs to be addressed during a
youth's confinement;
(39) for purposes of section 223(a)(15), the term
``contact'' means the points at which a youth and the
juvenile justice system or criminal justice system
officially intersect, including interactions with a
juvenile justice, juvenile court, or law enforcement
official;
(40) the term ``trauma-informed'' means--
(A) understanding the impact that exposure to
violence and trauma have on a youth's physical,
psychological, and psychosocial development;
(B) recognizing when a youth has been exposed
to violence and trauma and is in need of help
to recover from the adverse impacts of trauma;
and
(C) responding in ways that resist
retraumatization;
(41) the term ``racial and ethnic disparity'' means
minority youth populations are involved at a decision
point in the juvenile justice system at higher rates,
incrementally or cumulatively, than non-minority youth
at that decision point;
(42) the term ``status offender'' means a juvenile
who is charged with or who has committed an offense
that would not be criminal if committed by an adult;
(43) the term ``rural'' means an area that is not
located in a metropolitan statistical area, as defined
by the Office of Management and Budget;
(44) the term ``internal controls'' means a process
implemented to provide reasonable assurance regarding
the achievement of objectives in--
(A) effectiveness and efficiency of
operations, such as grant management practices;
(B) reliability of reporting for internal and
external use; and
(C) compliance with applicable laws and
regulations, as well as recommendations of the
Office of Inspector General and the Government
Accountability Office; and
(45) the term ``tribal government'' means the
governing body of an Indian tribe.
TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
Part A--Juvenile Justice and Delinquency Prevention Office
* * * * * * *
concentration of federal efforts
Sec. 204. (a)(1) The Administrator shall develop objectives,
priorities, and [a long-term plan, and implement] a long-term
plan to improve the juvenile justice system in the United
States, taking into account scientific knowledge regarding
adolescent development and behavior and regarding the effects
of delinquency prevention programs and juvenile justice
interventions on adolescents, and shall 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] and research. 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 title; and
(ii) provide for coordinating the administration
programs and activities under this title 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--] Federal Register during the 30-day period ending on
October 1 of each year.
[(i) not later than 240 days after the date of
enactment of this paragraph, 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) In carrying out the purposes of this Act, the
Administrator shall--
(1) advise the President through the Attorney General
as to all matters relating to federally assisted
juvenile deliquency 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) not later than 1 year after the date of enactment
of the Supporting Youth Opportunity and Preventing
Delinquency Act of 2016, in consultation with Indian
tribes, develop a policy for the Office of Juvenile
Justice and Delinquency Prevention to collaborate with
representatives of Indian tribes with a criminal
justice function on the implementation of the
provisions of this Act relating to Indian tribes;
[(5)] (6)(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 in such fiscal year,
specifying in detail those activities designed to
satisfy the requirements of parts D and E; 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
in such fiscal year, specifying in detail those
activities designed to satisfy the requirements of
parts D and E; and
[(6)] (7) provide for the auditing of [monitoring]
systems required under [section 223(a)(15)] section
223(a)(16) [to review the adequacy of such systems;
and] for monitoring compliance.
[(7) not later than 1 year after the date of the
enactment of this paragraph, issue model standards for
providing mental health care to incarcerated
juveniles.]
(c) The Administrator may require, through appropriate
authority, Federal departments and agencies engaged in any
activity involving any Federal juvenile delinquency program to
provide the Administrator with such information as may be
appropriate to prevent the duplication of efforts, and to
coordinate activities, related to the prevention of juvenile
delinquency.
(d) The Administrator shall have the sole authority to
delegate any of the functions of the Administrator under this
Act.
(e) 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) All functions of the Administrator under this title shall
be coordinated as appropriate with the functions of the
Secretary of Health and Human Services under title III of this
Act.
* * * * * * *
coordinating council on juvenile justice and delinquency prevention
Sec. 206. (a)(1) There is hereby established, as an
independent organization in the executive branch of the Federal
Government a Coordinating Council on Juvenile Justice and
Delinquency Prevention composed of the Attorney General, the
Secretary of Health and Human Services, the Administrator of
the Substance Abuse and Mental Health Services Administration,
the Secretary of the Interior, 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) Ten members shall be appointed, without regard to
political affiliation, to the Council in accordance with this
paragraph from among individuals who are practitioners in the
field of juvenile justice and who are not officers or employees
of the [United States] Federal Government.
(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.
(iv) One member shall be appointed by the Chairman of
the Committee on Indian Affairs of the Senate, in
consultation with the Vice Chairman of that Committee
and the Chairman and Ranking Member of the Committee on
Natural Resources of the House of Representatives.
(C)(i) Of the members appointed under each of clauses (i),
(ii), and (iii)--
(I) 1 shall be appointed for a term of 1 year;
(II) 1 shall be appointed for a term of 2 years; and
(III) 1 shall be appointed for a term of 3 years;
as designated at the time of appointment.
(ii) Except as provided in clause (iii), a vacancy arising
during the term for which an appointment is made may be filled
only for the remainder of such term.
(iii) After the expiration of the term for which a member is
appointed, such member may continue to serve until a successor
is appointed.
(b) The Attorney General shall serve as Chairman of the
Council. The Administrator of the Office of Juvenile Justice
and Delinquency Prevention shall serve as Vice Chairman of the
Council. The Vice Chairman shall act as Chairman in the absence
of the Chairman.
(c)(1) The function of the Council shall be to coordinate all
Federal juvenile delinquency programs (in cooperation with
State and local juvenile justice programs) all Federal programs
and activities that detain or care for unaccompanied juveniles,
and all Federal programs relating to missing and exploited
children. The Council shall examine how the separate programs
can be coordinated among Federal, State, and local governments
to better serve at-risk children and juveniles and shall make
recommendations to the President and to the Congress at least
annually with respect to the coordination of overall policy and
development of objectives and priorities for all Federal
juvenile delinquency programs and activities and all Federal
programs and activities that detain or care for unaccompanied
juveniles. The Council shall review the programs and practices
of Federal agencies and report on the degree to which Federal
agency funds are used for purposes which are consistent or
inconsistent with the mandates of [paragraphs (12)(A), (13),
and (14) of section 223(a) of this title] the 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)
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
204(a)(1); and
[(B) not later than 180 days after the date of the
enactment of this paragraph, submit such
recommendations to the Administrator, the Chairman of
the Committee on Education and the Workforce of the
House of Representatives, and the Chairman of the
Committee on the Judiciary of the Senate.]
(B) not later than 120 days after the completion of
the last meeting of the Council during any fiscal year,
submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
the Judiciary of the Senate a report that--
(i) contains the recommendations described in
subparagraph (A);
(ii) includes a detailed account of the
activities conducted by the Council during the
fiscal year, including a complete detailed
accounting of expenses incurred by the Council
to conduct operations in accordance with this
section;
(iii) is published on the Web sites of the
Office of Juvenile Justice and Delinquency
Prevention, the Council, and the Department of
Justice; and
(iv) is in addition to the annual report
required under section 207.
(d) The Council shall meet at least quarterly.
(e) The Administrator shall, with the approval of the
Council, appoint such personnel or staff support as the
Administrator considers necessary to carry out the purposes of
this title.
(f) Members appointed under subsection (a)(2) shall serve
without compensation. Members of the Council shall be
reimbursed for travel, subsistence, and other necessary
expenses incurred by them in carrying out the duties of the
Council.
(g) Of sums available to carry out this part, not more than
$200,000 shall be available to carry out this section.
annual report
Sec. 207. 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 [and gender], gender, and
ethnicity, as such term is defined by the
Bureau of the Census, 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 status offense cases
petitioned to court, number of status offenders
held in secure detention, the findings used to
justify the use of secure detention, and the
average period of time a status offender was
held in secure detention;
(I) the number of juveniles released from
custody and the type of living arrangement to
which they are released;
(J) the number of juveniles whose offense
originated on school grounds, during school-
sponsored off-campus activities, or due to a
referral by a school official, as collected and
reported by the Department of Education or
similar State educational agency; and
(K) the number of juveniles in the custody of
secure detention and correctional facilities
operated by a State or unit of local government
who report being pregnant.
(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 223 and with the plan submitted under such
section by the State for such fiscal year.
(4) An evaluation of the programs funded under this
title 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 in both rural and
urban areas.
(6) A description of funding provided to Indian
tribes under this Act or for a juvenile delinquency or
prevention program under the Tribal Law and Order Act
of 2010 (Public Law 111-211; 124 Stat. 2261), 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 the Office of Juvenile Justice and
Delinquency Prevention to determine if grantees are
following the requirements of the Office of Juvenile
Justice and Delinquency Prevention grant programs and
what remedial action the 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--
(A) in which supporting documentation was not
provided for cost reports;
(B) where unauthorized expenditures occurred;
or
(C) 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 the Office of Juvenile
Justice and Delinquency Prevention recouped from
grantees that were found to be in violation of policies
and procedures of the Office of Juvenile Justice and
Delinquency Prevention grant programs, including--
(A) the full name and location of the
grantee;
(B) the violation of the program found;
(C) the amount of funds sought to be recouped
by the Office of Juvenile Justice and
Delinquency Prevention; and
(D) the actual amount recouped by the Office
of Juvenile Justice and Delinquency Prevention.
Part B--Federal Assistance for State and Local Programs
authority to make grants and contracts
Sec. 221. (a) 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)(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 223 and
implementation of the State plan approved under section 223(c).
(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.
allocation
Sec. 222. (a)(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 data available from the Bureau of the
Census.
[(2)(A) Subject to paragraph (3), if the aggregate amount
appropriated for a fiscal year to carry out this title 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 title 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.]
(2)(A) If the aggregate amount appropriated for a fiscal year
to carry out this title is less than $75,000,000, then--
(i) the amount allocated to each State other than a
State described in clause (ii) for that fiscal year
shall be not less than $400,000; and
(ii) the amount allocated to the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands for that fiscal year shall
be not less than $75,000.
(B) If the aggregate amount appropriated for a fiscal year to
carry out this title is not less than $75,000,000, then--
(i) the amount allocated to each State other than a
State described in clause (ii) for that fiscal year
shall be not less than $600,000; and
(ii) the amount allocated to the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands for that fiscal year shall
be not less than $100,000.
(b) If any amount so allocated remains unobligated at the end
of the fiscal year, such funds shall be reallocated in a manner
equitable and consistent with the purpose of this part. Any
amount so reallocated shall be in addition to the amounts
already allocated and available to the State, the Virgin
Islands, American Samoa, Guam, and the Commonwealth of the
Northern Mariana Islands for the same period.
(c) 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 of funds, including the designation of not less
than 1 individual who shall coordinate efforts to achieve and
sustain compliance with the core requirements and certify
whether the State is in compliance with such 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) 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 223(a)(3) of this Act.
state plans
Sec. 223. (a) In order to receive formula grants under this
part, a State shall submit a plan for carrying out its purposes
applicable to a 3-year period. Such plan shall be amended
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.] and
shall describe how the State plan is supported by or takes
account of scientific knowledge regarding adolescent
development and behavior and regarding the effects of
delinquency prevention programs and juvenile justice
interventions on adolescents. Not later than 60 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
the State's publicly available website. In accordance with
regulations which the Administrator shall prescribe, such plan
shall--
(1) designate the State agency [described in section
299(c)(1)] as designated by the chief executive officer
of the State 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 adolescent development, 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 with
experience representing
juveniles in delinquency
proceedings, and probation
workers;
(III) representatives of
public agencies concerned with
delinquency prevention or
treatment, such as welfare,
social services, [mental
health, education, special
education] child and adolescent
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;
(VI) [youth workers involved
with] representatives of
programs that are alternatives
to incarceration, including
programs providing organized
recreation activities;
(VII) persons with special
experience and competence in
addressing problems related to
school violence and vandalism
and alternatives to suspension
and expulsion; [and]
[(VIII) persons with special
experience and competence in
addressing problems related to
learning disabilities,
emotional difficulties, child
abuse and neglect, and youth
violence;]
(VIII) persons, licensed or
certified by the applicable
State, with expertise and
competence in preventing and
addressing mental health and
substance abuse needs in
delinquent youth and youth at
risk of delinquency;
(IX) representatives of
victim or witness advocacy
groups, including at least 1
individual with expertise in
addressing the challenges of
sexual abuse and exploitation
and trauma, particularly the
needs of special populations
who experience disproportionate
levels of sexual abuse,
exploitation, and trauma before
entering the juvenile justice
system; and
(X) for a State in which 1 or
more Indian tribes are located,
an Indian tribal representative
or other individual with
significant expertise in tribal
law enforcement and juvenile
justice in Indian tribal
communities;
(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] 28 at the
time of initial appointment; and
(v) at least 3 members who have been
or are currently under the jurisdiction
of the juvenile justice system or, if
not feasible and in appropriate
circumstances, who is the parent or
guardian of someone who has been or is
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] 45
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 title--
(i) advise the State agency
designated under paragraph (1) and its
supervisory board; [and]
(ii) submit to the chief executive
officer and the legislature of the
State [at least annually
recommendations regarding State
compliance with the requirements of
paragraphs (11), (12), and (13)] at
least every 2 years a report and
necessary recommendations regarding
State compliance with the 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 title--
(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 222 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
222(d), 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 222 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] 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;
(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 for status offenders, survivors of
commercial sexual exploitation, and others,
where appropriate, such as specialized or
problem-solving courts or diversion to home-
based or community-based services or treatment
for those youth in need of mental health,
substance abuse, or co-occurring disorder
services at the time such juveniles first come
into contact with the juvenile justice system;
(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, where
appropriate, in the design and delivery of
juvenile delinquency prevention and treatment
services, particularly post-placement;
(vii) a plan to use community-based services
to respond to the needs of at-risk youth or
youth who have come into contact with the
juvenile justice system;
(viii) a plan to promote evidence-based and
trauma-informed programs and practices; and
(ix) not later than 1 year after the date of
enactment of the Supporting Youth Opportunity
and Preventing Delinquency Act of 2016, a plan,
which shall be implemented not later than 2
years after the date of enactment of the
Supporting Youth Opportunity and Preventing
Delinquency Act of 2016, to--
(I) eliminate the use of restraints
of known pregnant juveniles housed in
secure juvenile detention and
correction facilities, during labor,
delivery, and post-partum recovery,
unless credible, reasonable grounds
exist to believe the detainee presents
an immediate and serious threat of
hurting herself, staff, or others; and
(II) eliminate the use of abdominal
restraints, leg and ankle restraints,
wrist restraints behind the back, and
four-point restraints on known pregnant
juveniles, unless--
(aa) credible, reasonable
grounds exist to believe the
detainee presents an immediate
and serious threat of hurting
herself, staff, or others; or
(bb) reasonable grounds exist
to believe the detainee
presents an immediate and
credible risk of escape that
cannot be reasonably minimized
through any other method;
(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 222, other
than funds made available to the State advisory group
under section 222(d), whether expended directly by the
State, by the unit of local government, or by a
combination thereof, or through grants and contracts
with public or private nonprofit agencies, shall be
used for, with priority in funding given to entities
meeting the criteria for evidence-based or promising
programs--
(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; and
(iii) for youth who are active or
former gang members, specialized
intensive and comprehensive services
that address the unique issues
encountered by youth when they become
involved with gangs;
(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) educational programs or supportive
services for [delinquent] at-risk or delinquent
youth or other juveniles--
(i) to encourage juveniles to remain
in elementary and secondary schools or
in alternative learning situations,
including for truancy prevention and
reduction;
(ii) to provide services to assist
juveniles in making the transition to
the world of work and self-sufficiency;
and
(iii) 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) [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;
(G) programs--
(i) to ensure youth have access to
appropriate legal representation; and
(ii) to expand access to publicly
supported, court-appointed legal
counsel who are trained to represent
juveniles in adjudication proceedings,
except that the State may not use more than 2
percent of the funds received under section 222
for these purposes;
[(G)] (H) 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,] State,
tribal, or local correctional facility or who
is otherwise under the jurisdiction of a
Federal, [State,] State, tribal, 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)] (I) 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)] (J) 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)] (K) programs and projects designed to
provide for the treatment of youths' dependence
on or abuse of alcohol or other addictive or
nonaddictive drugs;
[(K)] (L) programs for positive youth
development that assist delinquent and other
at-risk youth in obtaining--
(i) a sense of safety and structure;
(ii) a sense of belonging and
membership;
(iii) a sense of self-worth and
social contribution;
(iv) a sense of independence and
control over one's life; and
(v) a sense of closeness in
interpersonal relationships;
[(L)] (M) programs that, in recognition of
varying degrees of the seriousness of
delinquent behavior and the corresponding
gradations in the responses of the juvenile
justice system in response to that behavior,
are designed to--
(i) encourage courts to develop and
implement a continuum of pre-
adjudication and post-adjudication
[restraints] alternatives that bridge
the gap between traditional probation
and confinement in a correctional
setting (including specialized or
problem-solving courts, 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)] (N) community-based programs and
services to work with juveniles, their parents,
and other family members during and after
incarceration in order to strengthen families
and reduce the risk of recidivism [so that such
juveniles may be retained in their homes];
[(N)] (O) programs (including referral to
literacy programs and social service programs)
to assist families with limited English-
speaking ability that include delinquent
juveniles to overcome language and other
barriers that may prevent the complete
treatment of such juveniles and the
preservation of their families;
[(O)] (P) programs designed to prevent and to
reduce hate crimes committed by juveniles;
[(P)] (Q) 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)] (R) community-based programs that
provide follow-up post-placement services to
adjudicated juveniles, to promote successful
reintegration into the community;
[(R)] (S) projects designed to develop and
implement programs to protect the rights of
juveniles affected by the juvenile justice
system; [and]
[(S)] (T) programs designed to provide mental
health or co-occurring disorder services for
court-involved or incarcerated juveniles
[suspected to be] in need of such services,
including assessment, development of
individualized treatment plans, [and discharge
plans] provision of treatment, and development
of discharge plans [.];
(U) programs and projects designed--
(i) to inform juveniles of the
opportunity and process for sealing and
expunging juvenile records; and
(ii) to assist juveniles in pursuing
juvenile record sealing and
expungements for both adjudications and
arrests not followed by adjudications;
except that the State may not use more than 2
percent of the funds received under section 222
for these purposes;
(V) programs that address the needs of girls
in or at risk of entering the juvenile justice
system, including pregnant girls, young
mothers, victims of sexual abuse, survivors of
commercial sexual exploitation or domestic
child sex trafficking, girls with disabilities,
and girls of color, including girls who are
members of an Indian tribe; and
(W) monitoring for compliance with the core
requirements and providing training and
technical assistance on the core requirements
to secure facilities;
(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, United
States Code, 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;]
(11)(A) in accordance with rules issued by the
Administrator, provide that a juvenile shall not be
placed in a secure detention facility or a secure
correctional facility, if--
(i) the juvenile is charged with or has
committed an offense that would not be criminal
if committed by an adult, excluding--
(I) a juvenile who is charged with or
has committed a violation of section
922(x)(2) of title 18, United States
Code, or of a similar State law;
(II) a juvenile who is charged with
or has committed a violation of a valid
court order issued and reviewed in
accordance with paragraph (23); and
(III) a juvenile who is held in
accordance with the Interstate Compact
on Juveniles as enacted by the State;
or
(ii) the juvenile--
(I) is not charged with any offense;
and
(II)(aa) is an alien; or
(bb) is alleged to be dependent,
neglected, or abused; and
(B) require that--
(i) not later than 3 years after the date of
enactment of the Supporting Youth Opportunity
and Preventing Delinquency Act of 2016, 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 or sound
contact with adult inmates; and
(II) except as provided in paragraph
(13), may not be held in any jail or
lockup for adults;
(ii) 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 or 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 not only meet the
specific needs of the juvenile but also
to protect the safety of the public as
well as other detained youth; and
(VII) any other relevant factor; and
(iii) 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--
(I) the court shall hold a hearing
not less frequently than once every 30
days, or in the case of a rural
jurisdiction, not less frequently than
once every 45 days, to review whether
it is still in the interest of justice
to permit the juvenile to be so held or
have such sight or sound contact; and
(II) the juvenile shall not be held
in any jail or lockup for adults, or
permitted to have sight or 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;
(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 or 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 or 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 or 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) provide for an [adequate system] effective
system of monitoring jails, lock-ups, detention
facilities, and correctional facilities[, and non-
secure facilities] to [insure] ensure that the
[requirements of paragraphs (11), (12), and (13) ] core
requirements are met, and for annual reporting of the
results of such monitoring to the Administrator, except
that such reporting requirements shall not apply in the
case of a State which is in compliance with the other
requirements of this paragraph, which is in compliance
with the requirements in 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) 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 or designating existing
coordinating bodies, composed of juvenile
justice stakeholders, (including
representatives of the educational system) at
the State, local, or tribal levels, to advise
efforts by States, units of local government,
and Indian tribes to reduce racial and ethnic
disparities;
(B) identifying and analyzing data on race
and ethnicity at all decision points in State,
local, or tribal juvenile justice systems to
determine which key points create racial and
ethnic disparities among youth who come into
contact with the juvenile justice system; and
(C) 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 subparagraph (B);
[(15)] (16) provide assurance that youth in the
juvenile justice system are treated equitably on the
basis of gender, race, ethnicity, family income, and
disability;
[(16)] (17) 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)] (18) 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)] (19) provide assurances that--
(A) any assistance provided under this Act
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 Act 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)] (20) provide for such fiscal control and fund
accounting procedures necessary to assure prudent use,
proper disbursement, and accurate accounting of funds
received under this title;
[(20)] (21) provide reasonable assurances that
Federal funds made available under this part for any
period will be so used as to supplement and increase
(but not supplant) the level of the State, [local,]
local, tribal, 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,] local, tribal, and
other non-Federal funds;
[(21)] (22) 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) 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] status
offender is held in custody for violating such
order;
(B) not later than 24 hours during which such
[juvenile] status offender is so held, an
authorized representative of such agency shall
interview, in person, such [juvenile] status
offender; [and]
(C) not later than 48 hours during which such
[juvenile] status offender is so held--
(i) such representative shall submit
an assessment to the court that issued
such order, regarding the immediate
needs of such [juvenile] status
offender; [and]
(ii) such court shall conduct a
hearing to determine--
(I) whether there is
reasonable cause to believe
that such [juvenile] status
offender violated such order;
and
(II) the appropriate
placement of such [juvenile]
status offender pending
disposition of the violation
alleged; and
(iii) if such court determines the
status offender 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 status
offender 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 status offender 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
status offender may
remain in a secure
detention facility or
correctional facility,
and includes a plan for
the status offender'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 status offender
unless the status offender
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 status offender 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 September 30, 2020 (with a
1-year extension for each additional fiscal
year that a State can demonstrate hardship, as
determined by the State, and submits in writing
evidence of such hardship to the Administrator
which shall be considered approved unless the
Administrator justifies to the State in writing
that the hardship does not qualify for an
exemption), the State will eliminate the use of
valid court orders to provide secure
confinement of status offenders, except that
juveniles may be held in secure confinement in
accordance with the Interstate Compact for
Juveniles if the judge issues a written order
that--
(i) specifies the factual basis to
believe that the State has the
authority to detain the juvenile under
the terms of the Interstate Compact for
Juveniles;
(ii) 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;
(iii) specifies the length of time a
juvenile may remain in secure
confinement, not to exceed 15 days, and
includes a plan for the return of the
juvenile to the home State of the
juvenile; and
(iv) may not be renewed or extended;
(24) provide an assurance that if the State receives
under section 222 for any fiscal year an amount that
exceeds 105 percent of the amount the State received
under such section for fiscal year 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) specify a percentage (if any), not to exceed 5
percent, of funds received by the State under section
222 (other than funds made available to the State
advisory group under section 222(d)) 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) 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) data in child abuse or neglect reports
relating to juveniles entering the juvenile
justice system with a prior reported history of
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 such victims of child
abuse or neglect;
[(27) establish policies 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)] (27) provide assurances that juvenile
offenders whose placement is funded through section 472
of the Social Security Act (42 U.S.C. 672) receive the
protections specified in section 471 of such Act (42
U.S.C. 671), including a case plan and case plan review
as defined in section 475 of such Act (42 U.S.C.
675)[.];
(28) provide for the coordinated use of funds
provided under this title with other Federal and State
funds directed at juvenile delinquency prevention and
intervention programs;
(29) describe the policies, procedures, and training
in effect for the staff of juvenile State correctional
facilities to eliminate the use of dangerous practices,
unreasonable restraints, and unreasonable isolation,
including by developing effective behavior management
techniques;
(30) describe--
(A) the evidence-based methods that will be
used to conduct mental health and substance
abuse screening, assessment, referral, and
treatment for juveniles who--
(i) request a screening;
(ii) show signs of needing a
screening; or
(iii) are held for a period of more
than 24 hours in a secure facility that
provides for an initial screening; and
(B) how the State will seek, to the extent
practicable, to provide or arrange for mental
health and substance abuse disorder treatment
for juveniles determined to be in need of such
treatment;
(31) describe how reentry planning by the State for
juveniles will include--
(A) a written case plan based on an
assessment of needs that includes--
(i) the pre-release and post-release
plans for the juveniles;
(ii) the living arrangement to which
the juveniles are to be discharged; and
(iii) any other plans developed for
the juveniles based on an
individualized assessment; and
(B) review processes;
(32) provide an assurance that the agency of the
State receiving funds under this title collaborates
with the State educational agency receiving assistance
under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) to
develop and implement a plan to ensure that, in order
to support educational progress--
(A) the student records of adjudicated
juveniles, including electronic records if
available, are transferred in a timely manner
from the educational program in the juvenile
detention or secure treatment facility to the
educational or training program into which the
juveniles will enroll;
(B) the credits of adjudicated juveniles are
transferred; and
(C) adjudicated juveniles receive full or
partial credit toward high school graduation
for secondary school coursework satisfactorily
completed before and during the period of time
during which the juveniles are held in custody,
regardless of the local educational agency or
entity from which the credits were earned; and
(33) describe policies and procedures to--
(A) screen for, identify, and document in
records of the State the identification of
victims of domestic human trafficking, or those
at risk of such trafficking, upon intake; and
(B) divert youth described in subparagraph
(A) to appropriate programs or services, to the
extent practicable.
(b) The State agency designated under subsection (a)(1),
after receiving and considering the advice and recommendations
of the advisory group referred to in subsection (a), shall
approve the State plan and any modification thereof prior to
submission to the Administrator.
[(c) If a State fails to comply with any of the applicable
requirements of paragraphs (11), (12), (13), and (22) of
subsection (a) in any fiscal year beginning after September 30,
2001, then--
[(1) subject to paragraph (2), the amount allocated
to such State under section 222 for the subsequent
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 or legislative action, an
unequivocal commitment to achieving
full compliance with such applicable
requirements within a reasonable time.]
(c)(1) If a State fails to comply with any of the core
requirements in any fiscal year, then--
(A) subject to subparagraph (B), the amount allocated
to such State under section 222 for the subsequent
fiscal year shall be reduced by not less than 20
percent for each core requirement with respect to which
the failure occurs; and
(B) the State shall be ineligible to receive any
allocation under such section for such fiscal year
unless--
(i) the State agrees to expend 50 percent of
the amount allocated to the State for such
fiscal year to achieve compliance with any such
core requirement with respect to which the
State is in noncompliance; or
(ii) 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 or legislative action, an
unequivocal commitment to achieving
full compliance with such applicable
requirements within a reasonable time.
(2) Of the total amount of funds not allocated for a fiscal
year under paragraph (1)--
(A) 50 percent of the unallocated funds shall be
reallocated under section 222 to States that have not
failed to comply with the core requirements; and
(B) 50 percent of the unallocated funds shall be used
by the Administrator to provide additional training and
technical assistance to States for the purpose of
promoting compliance with the core requirements.
(d) In the event that any State chooses not to submit a plan,
fails to submit a plan, or submits a plan or any modification
thereof, which the Administrator, after reasonable notice and
opportunity for hearing, in accordance with sections 802, 803,
and 804 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, determines does not meet the requirements
of this section, the Administrator shall endeavor to make that
State's allocation under the provisions of section 222(a),
excluding funds the Administrator shall make available to
satisfy the requirement specified in section 222(d), available
to local public and private non-profit agencies within such
State for use in carrying out activities of the kinds
[described in paragraphs (11), (12), (13), and (22) of
subsection (a)] described in the core requirements. The
Administrator shall make funds which remain available after
disbursements are made by the Administrator under the preceding
sentence, and any other unobligated funds, available on an
equitable basis to those States that have achieved full
compliance with [the requirements under paragraphs (11), (12),
(13), and (22) of subsection (a)] the core requirements.
(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) and permit the State
advisory group appointed under subsection (a)(3) 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)
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)] (A) disseminating information, data,
standards, advanced techniques, and program
models;
[(C)] (B) reviewing Federal policies
regarding juvenile justice and delinquency
prevention;
[(D)] (C) advising the Administrator with
respect to particular functions or aspects of
the work of the Office; and
[(E)] (D) 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.
(g) Compliance Determination.--
(1) In general.--For each fiscal year, the
Administrator shall make a determination regarding
whether each State receiving a grant under this title
is in compliance or out of compliance with respect to
each of 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.
(3) Determinations required.--The Administrator may
not--
(A) determine that a State is ``not out of
compliance'', or issue any other determination
not described in paragraph (1), with respect to
any core requirement; or
(B) otherwise fail to make the compliance
determinations required under paragraph (1).
[PART C--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM
[SEC. 241. AUTHORITY TO MAKE GRANTS.
[(a) Grants to Eligible States.--The Administrator may make
grants to eligible States, from funds allocated under section
242, 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 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 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;
[(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, 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) 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 242(b), to carry out projects of the kinds
described in subsection (a).
[SEC. 242. ALLOCATION.
[(a) Allocation Among Eligible States.--Subject to subsection
(b), funds appropriated to carry out this part shall be
allocated among eligible States proportionately based on the
population that is less than 18 years of age in the eligible
States.
[(b) Allocation Among Indian Tribes Collectively.--Before
allocating funds under subsection (a) among eligible States,
the Administrator shall allocate among eligible Indian tribes
as determined under section 246(a), an aggregate amount equal
to the amount such tribes would be allocated under subsection
(a), and without regard to this subsection, if such tribes were
treated collectively as an eligible State.
[SEC. 243. ELIGIBILITY OF STATES.
[(a) Application.--To be eligible to receive a grant under
section 241, a State shall submit to the Administrator an
application that contains the following:
[(1) An assurance that the State will use--
[(A) not more than 5 percent of such grant,
in the aggregate, for--
[(i) the costs incurred by the State
to carry out this part; and
[(ii) to evaluate, and provide
technical assistance relating to,
projects and activities carried out
with funds provided under this part;
and
[(B) the remainder of such grant to make
grants under section 244.
[(2) An assurance that, and a detailed description of
how, such grant will supplement, and not supplant State
and local efforts to prevent juvenile delinquency.
[(3) An assurance that such application was prepared
after consultation with and participation by the State
advisory group, community-based organizations, and
organizations in the local juvenile justice system,
that carry out programs, projects, or activities to
prevent juvenile delinquency.
[(4) An assurance that the State advisory group will
be afforded the opportunity to review and comment on
all grant applications submitted to the State agency.
[(5) An assurance that each eligible entity described
in section 244 that receives an initial grant under
section 244 to carry out a project or activity shall
also receive an assurance from the State that such
entity will receive from the State, for the subsequent
fiscal year to carry out such project or activity, a
grant under such section in an amount that is
proportional, based on such initial grant and on the
amount of the grant received under section 241 by the
State for such subsequent fiscal year, but that does
not exceed the amount specified for such subsequent
fiscal year in such application as approved by the
State.
[(6) Such other information and assurances as the
Administrator may reasonably require by rule.
[(b) Approval of Applications.--
[(1) Approval required.--Subject to paragraph (2),
the Administrator shall approve an application, and
amendments to such application submitted in subsequent
fiscal years, that satisfy the requirements of
subsection (a).
[(2) Limitation.--The Administrator may not approve
such application (including amendments to such
application) for a fiscal year unless--
[(A)(i) the State submitted a plan under
section 223 for such fiscal year; and
[(ii) such plan is approved by the
Administrator for such fiscal year; or
[(B) the Administrator waives the application
of subparagraph (A) to such State for such
fiscal year, after finding good cause for such
a waiver.
[SEC. 244. GRANTS FOR LOCAL PROJECTS.
[(a) Grants by States.--Using a grant received under section
241, a State may make grants to eligible entities whose
applications are received by the State, and reviewed by the
State advisory group, to carry out projects and activities
described in section 241.
[(b) Special Consideration.--For purposes of making grants
under subsection (a), the State shall give special
consideration to eligible entities that--
[(1) propose to carry out such projects in
geographical areas in which there is--
[(A) a disproportionately high level of
serious crime committed by juveniles; or
[(B) a recent rapid increase in the number of
nonstatus offenses committed by juveniles;
[(2)(A) agreed to carry out such projects or
activities that are multidisciplinary and involve more
than 2 private nonprofit agencies, organizations, and
institutions that have experience dealing with
juveniles; or
[(B) represent communities that have a comprehensive
plan designed to identify at-risk juveniles and to
prevent or reduce the rate of juvenile delinquency, and
that involve other entities operated by individuals who
have a demonstrated history of involvement in
activities designed to prevent juvenile delinquency;
and
[(3) the amount of resources (in cash or in kind)
such entities will provide to carry out such projects
and activities.
[SEC. 245. ELIGIBILITY OF ENTITIES.
[(a) Eligibility.--Except as provided in subsection (b), to
be eligible to receive a grant under section 244, a unit of
general purpose local government, acting jointly with not fewer
than 2 private nonprofit agencies, organizations, and
institutions that have experience dealing with juveniles, shall
submit to the State an application that contains the following:
[(1) An assurance that such applicant will use such
grant, and each such grant received for the subsequent
fiscal year, to carry out throughout a 2-year period a
project or activity described in reasonable detail, and
of a kind described in one or more of paragraphs (1)
through (25) of section 241(a) as specified in, such
application.
[(2) A statement of the particular goals such project
or activity is designed to achieve, and the methods
such entity will use to achieve, and assess the
achievement of, each of such goals.
[(3) A statement identifying the research (if any)
such entity relied on in preparing such application.
[(b) Limitation.--If an eligible entity that receives a grant
under section 244 to carry out a project or activity for a 2-
year period, and receives technical assistance from the State
or the Administrator after requesting such technical assistance
(if any), fails to demonstrate, before the expiration of such
2-year period, that such project or such activity has achieved
substantial success in achieving the goals specified in the
application submitted by such entity to receive such grants,
then such entity shall not be eligible to receive any
subsequent grant under such section to continue to carry out
such project or activity.
[SEC. 246. GRANTS TO INDIAN TRIBES.
[(a) Eligibility.--
[(1) Application.--To be eligible to receive a grant
under section 241(b), 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 241(a), which plan shall--
[(A) provide evidence that the applicant
Indian tribe performs law enforcement functions
(as determined by the Secretary of the
Interior);
[(B) 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) 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); and
[(D) comply with the requirements specified
in section 223(a) (excluding any requirement
relating to consultation with a State advisory
group) and with the requirements specified in
section 222(c); and
[(E) 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 241(b).
[(b) Factors for Consideration.--For the purpose of selecting
eligible applicants to receive grants under section 241(b), 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) 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 5(f)(1) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450c(f)(1)), relating to the submission of a single-agency
audit report required by chapter 75 of title 31, United States
Code.
[(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 the date of the enactment of the Juvenile
Justice and Delinquency Prevention Act of 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.]
PART D--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING
SEC. 251. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION
DISSEMINATION.
(a) Research and Evaluation.--(1) The Administrator [may]
shall--
(A) [plan and identify] annually publish a 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 juvenile
justice and criminal justice systems;
(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 in the juvenile justice system,
including an examination of the effects of
secure 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 who are focused on the
prevention, identification, and treatment of
delinquency;
(xi) methods to improve the identification
and response to victims of domestic child sex
trafficking within the juvenile justice system;
(xii) identifying positive outcome measures,
such as attainment of employment and
educational degrees, that States and units of
local government should use to evaluate the
success of programs aimed at reducing
recidivism of youth who have come in contact
with the juvenile justice system or criminal
justice system;
(xiii) evaluating the impact and outcomes of
the prosecution and sentencing of juveniles as
adults;
(xiv) successful and cost-effective efforts
by States and units of local government to
reduce recidivism through policies that provide
for consideration of appropriate alternative
sanctions to incarceration of youth facing
nonviolent charges, while ensuring that public
safety is preserved;
[(ix)] (xv) 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)] (xvi) 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)] (xvii) other purposes consistent with
the purposes of this title and title I.
(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, the] date of enactment of the Supporting Youth
Opportunity and Preventing Delinquency Act of 2016, 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 in accordance with relevant
confidentiality requirements. 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 and Indian tribes 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, upon release from confinement in a State
correctional facility, cannot return to the residence
they occupied prior to such confinement.
(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
title and title I.
(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).
(d) Implementation of Agreements.--A Federal agency that
makes an agreement under subsections (a)(1)(B) and (b)(2) 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 title.
(f) National Recidivism Measure.--The Administrator, in
accordance with applicable confidentiality requirements and in
consultation with experts in the field of juvenile justice
research, recidivism, and data collection, shall--
(1) establish a uniform method of data collection and
technology that States may 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. 252. 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 102; [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 102[.]; and
(3) shall provide periodic training for States
regarding implementation of the core requirements,
current protocols and best practices for achieving and
monitoring compliance, and information sharing
regarding relevant Office resources on evidence-based
and promising programs or practices that promote the
purposes of this Act.
(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, including compliance with
the core requirements; [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 to the core requirements and State Plans
made by the Supporting Youth Opportunity and Preventing
Delinquency Act of 2016, including training and
technical assistance and, when appropriate, pilot or
demonstration projects intended to develop and
replicate best practices for achieving sight and sound
separation in facilities or portions of facilities that
are open and available to the general public and that
may or may not contain a jail or a lock-up; and
(4) shall provide technical assistance to States in
support of efforts to establish 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, the 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, prosecutors, 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 status offenders and
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) Best Practices Regarding Legal Representation of
Children.--In consultation with experts in the field of
juvenile defense, the Administrator shall--
(1) share best practices, which may include sharing
standards of practice developed by recognized entities
in the profession, for attorneys representing children;
and
(2) provide a State, if it so requests, technical
assistance to implement any of the best practices
shared under paragraph (1).
(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--
(1) to promote methods for improving conditions of
juvenile confinement, including methods that are
designed to minimize the use of dangerous practices,
unreasonable restraints, and isolation and methods
responsive to cultural differences; and
(2) to encourage alternative behavior management
techniques based on positive youth development
approaches, which may include policies and procedures
to train personnel to be culturally competent.
(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 and management 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.
(g) Training and Technical Assistance to Support Juvenile
Court Judges and Personnel.--The Attorney General, acting
through the Office of Juvenile Justice and Delinquency
Prevention and the Office of Justice Programs, shall provide
training and technical assistance, in conjunction with the
appropriate public agencies, to enhance the capacity of State
and local courts, judges, and related judicial personnel to--
(1) improve the lives of children currently involved
in or at risk of being involved in the juvenile court
system; and
(2) carry out the requirements of this Act.
(h) Free and Reduced Price School Lunches for Incarcerated
Juveniles.--The Attorney General, in consultation with the
Secretary of Agriculture, shall provide guidance to States
relating to existing options for school food authorities in the
States to apply for reimbursement for free or reduced price
lunches under the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.) for juveniles who are incarcerated and
would, if not incarcerated, be eligible for free or reduced
price lunches under that Act.
* * * * * * *
Part F--General and Administrative Provisions
authorization of appropriations
Sec. 299. (a) Authorization of Appropriations for Title II
[(Excluding Parts C and E)].--[(1) There are authorized to be
appropriated to carry out this title such sums as may be
appropriate for fiscal years 2003, 2004, 2005, 2006, and 2007.]
(1) There are authorized to be appropriated to carry out this
title--
(A) $76,125,000 for fiscal year 2018;
(B) $76,125,000 for fiscal year 2019;
(C) $77,266,875 for fiscal year 2020;
(D) $78,425,878 for fiscal year 2021; and
(E) $79,602,266 for fiscal year 2022.
(2) Of such sums as are appropriated for a fiscal year to
carry out this title [(other than parts C and E)]--
(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] parts D and E.
[(b) Authorization of Appropriations for Part C.--There are
authorized to be appropriated to carry out part C such sums as
may be necessary for fiscal years 2003, 2004, 2005, 2006, and
2007.
[(c) Authorization of Appropriations for Part E.--There are
authorized to be appropriated to carry out part E, and
authorized to remain available until expended, such sums as may
be necessary for fiscal years 2003, 2004, 2005, 2006, and
2007.]
[(d)] (b) No funds appropriated to carry out the purposes of
this title may be used for any bio-medical 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).
administrative authority
Sec. 299A. (a) The Office shall be administered by the
Administrator under the general authority of the Attorney
General.
(b) Sections 809(c), 811(a), 811(b), 811(c), 812(a), 812(b),
and 812(d) of the Omnibus Crime Control and Safe Streets Act of
1968, as so designated by the operation of the amendments made
by the Justice Assistance Act of 1984, shall apply with respect
to the administration of and compliance with this Act, except
that for purposes of this Act--
(1) 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 title'' as it appears in such
sections shall be deemed to be a reference to this Act.
(c) Sections 801(a), 801(c), and 806 of the Omnibus Crime
Control and Safe Streets Act of 1968, as so designated by the
operation of the amendments made by the Justice Assistance Act
of 1984, shall apply with respect to the administration of and
compliance with this Act, except that for purposes of this
Act--
(1) any reference to the Attorney General, the
Assistant Attorney General who heads the Office of
Justice Programs, the Director of the National
Institute of Justice, the Director of the Bureau of
Justice Statistics, or the Director of the Bureau of
Justice Assistance shall be deemed to be a reference to
the Administrator;
(2) any reference to the Office of Justice Programs,
the Bureau of Justice Assistance, the National
Institute of Justice, or the Bureau of Justice
Statistics shall be deemed to be a reference to the
Office of Juvenile Justice and Delinquency Prevention;
and
(3) the term ``this title'' as it appears in such
sections shall be deemed to be a reference to this Act.
(d) (1) The Administrator is authorized[, after appropriate
consultation with representatives of States and units of local
government,] to establish such rules, regulations, guidance,
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 title or to respond to requests for clarification and
guidance relating to such compliance. In developing guidance
and procedures, the Administrator shall consult with
representatives of States and units of local government,
including those individuals responsible for administration of
this Act and compliance with the core requirements.
(2) The Administrator shall ensure that--
(A) reporting, compliance reporting, State plan
requirements, and other similar documentation as may be
required from States is requested in a manner that
respects confidentiality, encourages efficiency and
reduces the duplication of reporting efforts; and
(B) States meeting all the core requirements are
encouraged to experiment with offering innovative,
data-driven programs designed to further improve the
juvenile justice system.
(e) If a State requires by law compliance with the
[requirements described in paragraphs (11), (12), and (13) of
section 223(a)] core requirements, then for the period such law
is in effect in such State such State shall be rebuttably
presumed to satisfy such requirements.
* * * * * * *
TITLE IV--MISSING CHILDREN
* * * * * * *
SEC. 407. OVERSIGHT AND ACCOUNTABILITY.
All grants awarded by the Department of Justice that are
authorized under this title shall be subject to the following:
(1) Audit requirement.--For 2 of the fiscal years in
the period of fiscal years 2014 through 2018, the
Inspector General of the Department of Justice shall
conduct audits of the recipient of grants under this
title to prevent waste, fraud, and abuse by the
grantee.
(2) Mandatory exclusion.--If the recipient of grant
funds under this title is found to have an unresolved
audit finding, then that entity shall not be eligible
to receive grant funds under this title during the 2
fiscal years beginning after the 12-month period
described in paragraph (4).
(3) Repayment of grant funds.--If an entity is
awarded grant funds under this title during the 2-
fiscal-year period in which the entity is barred from
receiving grants under paragraph (2), the Attorney
General shall--
(A) deposit an amount equal to the grant
funds that were improperly awarded to the
grantee into the General Fund of the Treasury;
and
(B) seek to recoup the costs of the repayment
to the fund from the grant recipient that was
erroneously awarded grant funds.
(4) Defined term.--In this section, the term
``unresolved audit finding'' means an audit report
finding in the final report of the Inspector General of
the Department of Justice that the grantee has utilized
grant funds for an unauthorized expenditure or
otherwise unallowable cost that is not closed or
resolved within a 12-month period beginning on the date
when the final audit report is issued.
(5) Nonprofit organization requirements.--
(A) Definition.--For purposes of this section
and the grant programs described in this title,
the term ``nonprofit'', relating to an entity,
means the entity is described in section
501(c)(3) of the Internal Revenue Code of 1986
and is exempt from taxation under section
501(a) of such Code.
(B) Prohibition.--The Attorney General shall
not award a grant under any grant program
described in this title to a nonprofit
organization that holds money in off-shore
accounts for the purpose of avoiding paying the
tax described in section 511(a) of the Internal
Revenue Code of 1986.
(C) Disclosure.--Each nonprofit organization
that is awarded a grant under this title and
uses the procedures prescribed in regulations
under section 53.4958-6 of title 26 of the Code
of Federal Regulations to create a rebuttable
presumption of reasonableness of the
compensation for its officers, directors,
trustees and key employees, shall disclose to
the Attorney General the process for
determining such compensation, including the
independent persons involved in reviewing and
approving such compensation, the comparability
data used, and contemporaneous substantiation
of the deliberation and decision. Upon request,
the Attorney General shall make the information
available for public inspection.
[(6) Conference expenditures.--
[(A) Limitation.--No amounts authorized to be
appropriated under this title may be used to
host or support any expenditure for conferences
that uses more than $20,000 unless the Deputy
Attorney General or the appropriate Assistant
Attorney General, Director, or principal deputy
director as the Deputy Attorney General may
designate, provides prior written authorization
that the funds may be expended to host a
conference.
[(B) Written approval.--Written approval
under subparagraph (A) shall include a written
estimate of all costs associated with the
conference, including the cost of all food and
beverages, audio/visual equipment, honoraria
for speakers, and any entertainment.
[(C) Report.--The Deputy Attorney General
shall submit an annual report to the Committee
on the Judiciary of the Senate, the Committee
on the Judiciary of the House of
Representatives, and the Committee on Education
and the Workforce of the House of
Representatives on all conference expenditures
approved by operation of this paragraph.
[(7) Prohibition on lobbying activity.--
[(A) In general.--Amounts authorized to be
appropriated under this title may not be
utilized by any grant recipient to--
[(i) lobby any representative of the
Department of Justice regarding the
award of any grant funding; or
[(ii) lobby any representative of a
Federal, State, local, or tribal
government regarding the award of grant
funding.
[(B) Penalty.--If the Attorney General
determines that any recipient of a grant under
this title has violated subparagraph (A), the
Attorney General shall--
[(i) require the grant recipient to
repay the grant in full; and
[(ii) prohibit the grant recipient
from receiving another grant under this
title for not less than 5 years.
[(C) Clarification.--For purposes of this
paragraph, submitting an application for a
grant under this title shall not be considered
lobbying activity in violation of subparagraph
(A).]
* * * * * * *
[TITLE V--MISCELLANEOUS AND CONFORMING AMENDMENTS
[Part A--Amendments to the Federal Juvenile Delinquency Act
[Sec. 501. Section 5031 of title 18, United States Code, is
amended to read as follows:
[``Sec. 5031. Definitions
[``For the purposes of this chapter, a `juvenile' is a
person who has not attained his eighteenth birthday, or for the
purpose of proceedings and disposition under this chapter for
an alleged act of juvenile delinquency, a person who has not
attained his twenty-first birthday, and `juvenile delinquency'
is the violation of a law of the United States committed by a
person prior to his eighteenth birthday which would have been a
crime if committed by an adult.''
[DELINQUENCY PROCEEDINGS IN DISTRICT COURTS
[Sec. 502. Section 5032 of title 18, United States Code, is
amended to read as follows:
[``Sec. 5032. Delinquency proceedings in district courts; transfer for
criminal prosecution
[``A juvenile alleged to have committed an act of juvenile
delinquency shall not be proceeded against in any court of the
United States unless the Attorney General, after investigation,
certifies to an appropriate district court of the United States
that the juvenile court or other appropriate court of a State
(1) does not have jurisdiction or refuses to assume
jurisdiction over said juvenile with respect to such alleged
act of juvenile delinquency, or (2) does not have available
programs and services adequate for the needs of juveniles.
[``If the Attorney General does not so certify, such
juvenile shall be surrendered to the appropriate legal
authorities of such State.
[``If an alleged juvenile delinquent is not surrendered to
the authorities of a State or the District of Columbia pursuant
to this section, any proceedings against him shall be in an
appropriate district court of the United States. For such
purposes, the court may be convened at any time and place
within the district, in chambers or otherwise. The Attorney
General shall proceed by information, and no criminal
prosecution shall be instituted for the alleged act of juvenile
delinquency except as provided below.
[``A juvenile who is alleged to have committed an act of
juvenile delinquency and who is not surrendered to State
authorities shall be proceeded against under this chapter
unless he has requested in writing upon advice of counsel to be
proceeded against as an adult, except that, with respect to a
juvenile sixteen years and older alleged to have committed an
act after his sixteenth birthday which if committed by an adult
would be a felony punishable by a maximum penalty of ten years
imprisonment or more, life imprisonment, or death, criminal
prosecution on the basis of the alleged act may be begun by
motion to transfer of the Attorney General in the appropriate
district court of the United States, if such court finds, after
hearing, such transfer would be in the interest of justice.
[``Evidence of the following factors shall be considered,
and findings with regard to each factor shall be made in the
record, in assessing whether a transfer would be in the
interest of justice: the age and social background of the
juvenile; the nature of the alleged offense; the extent and
nature of the juvenile's prior delinquency record; the
juvenile's present intellectual development and psychological
maturity; the nature of past treatment efforts and the
juvenile's response to such efforts; the availability of
programs designed to treat the juvenile's behavioral problems.
[``Reasonable notice of the transfer hearing shall be given
to the juvenile, his parents, guardian, or custodian and to his
counsel. The juvenile shall be assisted by counsel during the
transfer hearing, and at every other critical stage of the
proceedings.
[``Once a juvenile has entered a plea of guilty or the
proceeding has reached the stage that evidence has begun to be
taken with respect to a crime or an alleged act of juvenile
delinquency subsequent criminal prosecution or juvenile
proceedings based upon such alleged act of delinquency shall be
barred.
[``Statements made by a juvenile prior to or during a
transfer hearing under this section shall not be admissible at
subsequent criminal prosecutions.''
[CUSTODY
[Sec. 503. Section 5083 of title 18, United States Code is
amended to read as follows:
[``Sec. 5033. Custody prior to appearance before magistrate
[``Whenever a juvenile is taken into custody for an alleged
act of juvenile delinquency, the arresting officer shall
immediately advise such juvenile of his legal rights, in
language comprehensive to a juvenile, and shall immediately
notify the Attorney General and the juvenile's parents,
guardian, or custodian of such custody. The arresting officer
shall also notify the parents, guardian, or custodian of the
rights of the juvenile and of the nature of the alleged
offense.
[``The juvenile shall be taken before a magistrate
forthwith. In no event shall the juvenile be detained for
longer than a reasonable period of time before being brought
before a magistrate.''
[DUTIES OF MAGISTRATE
[Sec. 504. Section 5034 of title 18, United States Code, is
amended to read as follows:
[``Sec. 5034. Duties of magistrate
[``The magistrate shall insure that the juvenile is
represented by counsel before proceeding with critical stages
of the proceedings. Counsel shall be assigned to represent a
juvenile when the juvenile and his parents, guardian, or
custodian are financially unable to obtain adequate
representation. In cases where the juvenile and his parents,
guardian, or custodian are financially able to obtain adequate
representation but have not retained counsel, the magistrate
may assign counsel and order the payment of reasonable
attorney's fees or may direct the juvenile, his parents,
guardian, or custodian to retain private counsel within a
specified period of time.
[``The magistrate may appoint a guardian ad litem if a
parent or guardian of the juvenile is not present, or if the
magistrate has reason to believe that the parents or guardian
will not cooperate with the juvenile in preparing for trial, or
that the interests of the parents or guardian and those of the
juvenile are adverse.
[``If the juvenile has not been discharged before his
initial appearance before the magistrate, the magistrate shall
release the juvenile to his parents, guardian, custodian, or
other responsible party (including, but not limited to, the
director of a shelter-care facility upon their promise to bring
such juvenile before the appropriate court when requested by
such court unless the magistrate determines, after hearing, at
which the juvenile is represented by counsel, that the
detention of such juvenile is required to secure his timely
appearance before the appropriate court or to insure his safety
or that of others.''
[DETENTION
[Sec. 505. Section 5035 of this title is amended to read as
follows:
[``Sec. 5035. Detention prior to disposition
[``A juvenile alleged to be delinquent may be detained only
in a juvenile facility or such other suitable place as the
Attorney General may designate. Whenever possible, detention
shall be in a foster home or community based facility located
in or near his home community. The Attorney General shall not
cause any juvenile alleged to be delinquent to be detained or
confined in any institution in which the juvenile has regular
contact with adult persons convicted of a crime or awaiting
trial on criminal charges. Insofar as possible, alleged
delinquents shall be kept separate from adjudicated
delinquents. Every juvenile in custody shall be provided with
adequate food, heat, light, sanitary facilities, bedding,
clothing, recreation, education, and medical care, including
necessary psychiatric, psychological, or other care and
treatment.''
[SPEEDY TRIAL
[Sec. 506. Section 5036 of this title is amended to read as
follows:
[``Sec. 5036. Speedy trial
[``If an alleged delinquent who is in detention pending
trial is not brought to trial within thirty days from the date
upon which such detention was begun, the information shall be
dismissed on motion of the alleged delinquent or at the
direction of the court, unless the Attorney General shows that
additional delay was caused by the juvenile or his counsel, or
consented to by the juvenile and his counsel, or would be in
the interest of justice in the particular case. Delays
attributable solely to court calendar congestion may not be
considered in the interest of justice. Except in extraordinary
circumstance, an information dismissed under this section may
not be reinstituted.''
[DISPOSITION
[Sec. 507. Section 5037 is amended to read as follows:
[``Sec. 5037. Dispositional hearing
[``(a) If a juvenile is adjudicated delinquent, a separate
dispositional hearing shall be held no later than twenty court
days after trial unless the court has ordered further study in
accordance with subsection (c). Copies of the presentence
report shall be provided to the attorneys for both the juvenile
and the Government a reasonable time in advance of the hearing.
[``(b) The court may suspend the adjudication of
delinquency or the disposition of the delinquent on such
conditions as it deems proper, place him on probation, or
commit him to the custody of the Attorney General. Probation,
commitment, or commitment in accordance with subsection (c)
shall not extend beyond the juvenile's twenty-first birthday or
the maximum term which could have been imposed on an adult
convicted of the same offense, whichever is sooner, unless the
juvenile has attained his nineteenth birthday at the time of
disposition, in which case probation, commitment, or commitment
in accordance with subsection (c) shall not exceed the lesser
of two years or the maximum term which could have been imposed
on an adult convicted of the same offense.
[``(c) If the court desires more detailed information
concerning an alleged or adjudicated delinquent, it may commit
him, after notice and hearing at which the juvenile is
represented by counsel, to the custody of the Attorney General
for observation and study by an appropriate agency. Such
observation and study shall be conducted on an outpatient
basis, unless the court determines that inpatient observation
and study are necessary to obtain the desired information. In
the case of an alleged juvenile delinquent, inpatient study may
be ordered only with the consent of the juvenile and his
attorney. The agency shall make a complete study of the alleged
or adjudicated delinquent to ascertain his personal traits, his
capabilities, his background, any previous delinquency or
criminal experience, any mental or physical defect, and any
other relevant factors. The Attorney General shall submit to
the court and the attorneys for the juvenile and the Government
the results of the study within thirty days after the
commitment of the juvenile, unless the court grants additional
time.''
[JUVENILE RECORDS
[Sec. 508. Section 5038 is added, to read as follows:
[``Sec. 5038. Use of juvenile records
[``(a) Throughout the juvenile delinquency proceeding the
court shall safeguard the records from disclosure. Upon the
completion of any juvenile delinquency proceeding whether or
not there is an adjudication the district court shall order the
entire file and record of such proceeding sealed. After such
sealing, the court shall not release these records except to
the extent necessary to meet the following circumstances:
[``(1) inquiries received from another court of law;
[``(2) inquiries from an agency preparing a
presentence report for another court;
[``(3) inquiries from law enforcement agencies where
the request for information is related to the
investigation of a crime or a position within that
agency;
[``(4) inquiries, in writing, from the director of a
treatment agency or the director of a facility to which
the juvenile has been committed by the court; and
[``(5) inquiries from an agency considering the
person for a position immediately and directly
affecting the national security.
Unless otherwise authorized by this section, information about
the sealed record may not be released when the request for
information is related to an application for employment,
license, bonding, or any civil right or privilege. Responses to
such inquiries shall not be different from responses made about
persons who have never been involved in a delinquency
proceeding.
[``(b) District courts exercising jurisdiction over any
juvenile shall inform the juvenile, and his parent or guardian,
in writing in clear and nontechnical language, of rights
relating to the sealing of his juvenile record.
[``(c) During the course of any juvenile delinquency
proceeding, all information and records relating to the
proceeding, which are obtained or prepared in the discharge of
an official duty by an employee of the court or an employee of
any other governmental agency, shall not be disclosed directly
or indirectly to anyone other than the judge, counsel for the
juvenile and the government, or others entitled under this
section to receive sealed records.
[``(d) Unless a juvenile who is taken into custody is
prosecuted as an adult--
[``(1) neither the fingerprints nor a photograph
shall be taken without the written consent of the
judge; and
[``(2) neither the name nor picture of any juvenile
shall be made public by any medium of public
information in connection with a juvenile delinquency
proceeding.''
[COMMITMENT
[Sec. 509. Section 5039 is added, to read as follows:
[``Sec. 5039. Commitment
[``No juvenile committed to the custody of the Attorney
General may be placed or retained in an adult jail or
correctional institution in which he has regular contact with
adults incarcerated because they have been convicted of a crime
or are awaiting trial on criminal charges.
[``Every juvenile who has been committed shall be provided
with adequate food, heat, light, sanitary facilities, bedding,
clothing, recreation, counseling, education, training, and
medical care including necessary psychiatric, psychological, or
other care and treatment.
[``Whenever possible, the Attorney General shall commit a
juvenile to a foster home or community-based facility located
in or near his home community.''
[SUPPORT
[Sec. 510. Section 5040 is added, to read as follows.
[``Sec. 5040. Support
[``The Attorney General may contract with any public or
private agency or individual and such community-based
facilities as halfway houses and foster homes for the
observation and study and the custody and care of juveniles in
his custody. For these purposes, the Attorney General may
promulgate such regulations as are necessary and may use the
appropriation for `support of United States prisoners' or such
other appropriations as he may designate.''
[PAROLE
[Sec. 511. Section 5041 is added to read as follows:
[Sec. 5041. Parole
[``The Board of Parole shall release from custody, on such
conditions as it deems necessary, each juvenile delinquent who
has been committed, as soon as the Board is satisfied that he
is likely to remain at liberty without violating the law and
when such release would be in the interest of justice.''
[REVOCATION
[Sec. 512. Section 5042 is added to read as follows.
[``Sec. 5042. Revocation of parole or probation
[``Any juvenile parolee or probationer shall be accorded
notice and a hearing with counsel before his parole or
probation can be revoked.''
[Sec. 513. The table of sections of chapter 403 of this
title is amended to read as follows:
[``Sec.
[``5031. Definitions.
[``5032. Delinquency proceedings in district courts; transfer for
criminal prosecution.
[``5033. Custody prior to appearance before magistrate.
[``5034. Duties of magistrate.
[``5035. Detention prior to disposition.
[``5036. Speedy trial.
[``5037. Dispositional hearing.
[``5038. Use of juvenile records.
[``5039. Commitment.
[``5040. Support.
[``5041. Parole.
[``5042. Revocation of parole or probation.''.
[Part B--National Institute of Corrections
[Sec. 521. Title 18, United States Code, is amended by
adding a new chapter 319 to read as follows:
[``CHAPTER 319.--NATIONAL INSTITUTE OF CORRECTIONS
[``Sec. 4351. (a) There is hereby established within the
Bureau of Prisons a National Institute of Corrections.
[``(b) The overall policy and operations of the National
Institute of Corrections shall be under the supervision of an
Advisory Board. The Board shall consist of sixteen members. The
following six individuals shall serve as members of the
Commission ex officio: the Director of the Federal Bureau of
Prisons or his designee, the Administrator of the Law
Enforcement Assistance Administration or his designee, Chairman
of the United States Parole Board or his designee, the Director
of the Federal Judicial Center or his designee, the Deputy
Assistant Administrator for the National Institute for Juvenile
Justice and Delinquency Prevention or his designee, and the
Assistant Secretary for Human Development of the Department of
Health, Education, and Welfare or his designee.
[``(c) The remaining ten members of the Board shall be
selected as follows:
[``(1) Five shall be appointed initially by the
Attorney General of the United States for staggered
terms; one member shall serve for one year, one member
for two years, and three members for three years. Upon
the expiration of each member's term, the Attorney
General shall appoint successors who will each serve
for a term of three years. Each member selected shall
be qualified as a practitioner (Federal, State, or
local) in the field of corrections, probation, or
parole.
[``(2) Five shall be appointed initially by the
Attorney General of the United States for staggered
terms, one member shall serve for one year, three
members for two years, and one member for three
years.'' Upon the expiration of each member's term the
Attorney General shall appoint successors who will each
serve for a term of three years. Each member selected
shall be from the private sector, such as business,
labor, and education, having demonstrated an active
interest in corrections, probation, or parole.
[``(d) The members of the Board shall not, by reason of
such membership, be deemed officers or employees of the United
States. Members of the Commission who are full-time officers or
employees of the United States shall serve without additional
compensation, but shall be reimbersed for travel, subsistence,
and other necessary expenses incurred in the performance of the
duties vested in the Board. Other members of the Board shall,
while attending meetings of the Board or while engaged in
duties related to such meetings or in other activities of the
Commission pursuant to this title, be entitled to receive
compensation at the rate not to exceed the daily equivalent of
the rate authorized for GS-18 by section 5332 of title 5,
United States Code, including travel-time, and while away from
their homes or regular places of business may be allowed travel
expenses, including per diem in lieu of subsistence equal to
that authorized by section 5703 of title 5, United States Code,
for persons in the Government service employed intermittently.
[``(e) The Board shall elect a chairman from among its
members who shall serve for a term of one year. The members of
the Board shall also elect one or more members as a vice-
chairman.
[``(f) The Board is authorized to appoint, without regard
to the civil service laws, technical, or other advisory
committees to advise the Institute with respect to the
administration of this title as it deems appropriate. Members
of these committees not otherwise employed by the United
States, while engaged in advising the Institute or attending
meetings of the committees, shall be entitled to receive
compensation at the rate fixed by the Board but not to exceed
the daily equivalent of the rate authorized for GS-18 by
section 5332 of title 5, United States Code, and while away
from their homes or regular places of business may be allowed
travel expenses, including per diem in lieu of subsistence
equal to that authorized by section 5703 of title 5, United
States Code, for persons in the Government service employed
intermittently.
[``(g) The Board is authorized to delegate its powers under
this title to such persons as it deems appropriate.
[``(h) The Institute shall be under the supervision of an
officer to be known as the Director, who shall be appointed by
the Attorney General after consultation with the Board. The
Director shall have authority to supervise the organization,
employees, enrollees, financial affairs, and all other
operations of the Institute and may employ such staff, faculty,
and administrative personnel, subject to the civil service and
classification laws, as are necessary to the functioning of the
Institute. The Director shall have the power to acquire and
hold real and personal property for the Institute and may
receive gifts, donations, and trusts on behalf of the
Institute. The Director shall also have the power to appoint
such technical or other advisory councils comprised of
consultants to guide and advise the Board. The Director is
authorized to delegate his powers under this title to such
persons as he deems appropriate.
[``Sec. 4352. (a) In addition to the other powers, express
and implied, the National Institute of Corrections shall have
authority--
[``(1) to receive from or make grants to and enter
into contracts with Federal, State, and general units
of local government, public and private agencies,
educational institutions, organizations, and
individuals to carry out the purposes of this chapter;
[``(2) to serve as a clearinghouse and information
center for the collection, preparation, and
dissemination of information on corrections, including,
but not limited to, programs for prevention of crime
and recidivism, training of corrections personnel, and
rehabilitation and treatment of criminal and juvenile
offenders;
[``(3) to assist and serve in a consulting capacity
to Federal, State, and local courts, departments, and
agencies in the development, maintenance, and
coordination of programs, facilities, and services,
training, treatment, and rehabilitation with respect to
criminal and juvenile offenders;
[``(4) to encourage and assist Federal, State, and
local government programs and services, and programs
and services of other public and private agencies,
institutions, and organizations in their efforts to
develop and implement improved corrections programs;
[``(5) to devise and conduct, in various geographical
locations, seminars, workshops, and training programs
for law enforcement officers, judges, and judicial
personnel, probation and parole personnel, correctional
personnel, welfare workers, and other persons,
including lay ex-offenders, and paraprofessional
personnel, connected with the treatment and
rehabilitation of criminal and juvenile offenders;
[``(6) to develop technical training teams to aid in
the development of seminars, workshops, and training
programs within the several States and with the State
and local agencies which work with prisoners, parolees,
probationers, and other offenders;
[``(7) to conduct, encourage, and coordinate research
relating to corrections, including the causes,
prevention, diagnosis, and treatment of criminal
offenders;
[``(8) to formulate and disseminate correctional
policy, goals, standards, and recommendations for
Federal, State, and local correctional agencies,
organizations, institutions, and personnel;
[``(9) to conduct evaluation programs which study the
effectiveness of new approaches, techniques, systems,
programs, and devices employed to improve the
corrections system;
[``(10) to receive from any Federal department or
agency such statistics, data, program reports, and
other material as the Institute deems necessary to
carry out its functions. Each such department or agency
is authorized to cooperate with the Institute and
shall, to the maximum extent practicable, consult with
and furnish information to the Institute;
[``(11) to arrange with and reimburse the heads of
Federal departments and agencies for the use of
personnel, facilities, or equipment of such departments
and agencies;
[``(12) to confer with and avail itself of the
assistance, services, records, and facilities of State
and local governments or other public or private
agencies, organizations, or individuals;
[``(13) to enter into contracts with public or
private agencies, organizations, or individuals, for
the performance of any of the functions of the
Institute; and
[``(14) to procure the services of experts and
consultants in accordance with section 3109 of title 5
of the United States Code, at rates of compensation not
to exceed the daily equivalent of the rate authorized
for GS-18 by section 5332 of title 5 of the United
States Code.
[``(b) The Institute shall on or before the 31st day of
December of each year submit an annual report for the preceding
fiscal year to the President and to the Congress. The report
shall include a comprehensive and detailed report of the
Institute's operations, activities, financial condition, and
accomplishments under this title and may include such
recommendations related to corrections as the Institute deems
appropriate.
[``(c) Each recipient of assistance under this shall keep
such records as the Institute shall prescribe, including
records which fully disclose the amount and disposition by such
recipient of the proceeds of such assistance, the total cost of
the project or undertaking in connection with which such
assistance is given or used, and the amount of that portion of
the cost of the project or undertaking supplied by other
sources, and such other records as will facilitate an effective
audit.
[``(d) The Institute, and the Comptroller General of the
United States, or any of their duly authorized representatives,
shall have access for purposes of audit and examinations to any
books, documents, papers, and records of the recipients that
are pertinent to the grants received under this chapter.
[``(e) The provision of this section shall apply to all
recipients of assistance under this title, whether by direct
grant or contract from the Institute or by subgrant or
subcontract from primary grantees or contractors of the
Institute.
[``Sec. 4353. There is hereby authorized to be appropriated
such funds as may be required to carry out the purposes of this
chapter.''
[PART C--CONFORMING AMENDMENTS
[Sec. 541. (a) The section titled ``Declaration and
Purpose'' in title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (82 Stat. 197; 84 Stat. 1881;
87 Stat. 197), is amended by inserting immediately after the
second paragraph thereof the following new paragraph:
[``Congress finds further that the high incidence of
delinquency in the United States today results in enormous
annual cost and immeasurable loss in human life, personal
security, and wasted human resources, and that juvenile
delinquency constitutes a growing threat to the national
welfare requiring immediate and comprehensive action by the
Federal Government to reduce and prevent delinquency.''.
[(b) Such section is further amended by adding at the end
thereof the following new paragraph:
[``It is therefore the further declared policy of Congress
to provide the necessary resources, leadership, and
coordination to (1) develop and implement effective methods of
preventing and reducing juvenile delinquency; (2) to develop
and conduct effective programs to prevent delinquency, to
divert juveniles from the traditional juvenile justice system
and to provide critically needed alternatives to
institutionalization; (3) to improve the quality of juvenile
justice in the United States; and (4) to increase the capacity
of State and local governments and public and private agencies
to conduct effective juvenile justice and delinquency
prevention and rehabilitation programs and to provide research,
evaluation, and training services in the field of juvenile
justice and delinquency prevention.''.
[Sec. 542. The third sentence of section 203(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 as
amended (82 Stat. 197; 84 Stat. 1881; 87 Stat. 197), is amended
to read as follows: ``The State planning agency and any
regional planning units within the State shall, within their
respective jurisdictions, be representative of the law
enforcement and criminal justice agencies including agencies
directly related to the prevention and control of juvenile
delinquency, units of general local government, and public
agencies maintaining programs to reduce and control crime, and
shall include representatives of citizens, professional, and
community organizations including organizations directly
related to delinquency prevention.''.
[Sec. 543. Section 303(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by adding after
the first sentence the following: ``In order to receive formula
grants under the Juvenile Justice and Delinquency Prevention
Act of 1974 a State shall submit a plan for carrying out the
purposes of that Act in accordance with this section and
section 223 of that Act.''.
[Sec. 544. Section 520 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by (1)
inserting ``(a)'' after ``Sec. 520.'' and (2) by inserting at
the end thereof the following:
[``(b) In addition to the funds appropriated under section
261(a) of the Juvenile Justice and Delinquency Prevention Act
of 1974, the Administration shall expend from other Law
Enforcement Assistance Administration appropriations, other
than the appropriations for administration, at least the same
level of financial assistance for juvenile delinquency programs
as was expended by the Administration during fiscal year
1972.''.
[Sec. 545. Part F of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by adding at the end
thereof the following new sections:
[Sec. 526. The Administrator is authorized to accept and
employ, in carrying out the provisions of this Act, voluntary
and uncompensated services notwithstanding the provisions of
section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).
[Sec. 527. All programs concerned with juvenile delinquency
and administered by the Administration shall be administered or
subject to the policy direction of the office established by
section 201(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974.
[Sec. 528. (a) The Administrator is authorized to select,
employ, and fix the compensation of such officers and
employees, including attorneys, as are necessary to perform the
functions vested in him and to prescribe their functions.
[``(b) Notwithstanding the provisions of section 5108 of
title 5, United States Code, and without prejudice with respect
to the number of positions otherwise placed in the
Administration under such section 5108, the Administrator may
place three positions in GS-16, GS-17, and GS-18 under section
5332 of such title 5.'']
TITLE V--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
SEC. 501. SHORT TITLE.
This title may be cited as the `` Incentive Grants for Local
Delinquency Prevention Programs Act of [2002] 2016''.
[SEC. 502. DEFINITION.
[In this title, the term ``State advisory group'' means the
advisory group appointed by the chief executive officer of a
State under a plan described in section 223(a).]
SEC. 502. DEFINITIONS.
In this title--
(1) the term ``eligible entity'' means--
(A) a unit of local government that is in
compliance with the requirements of part B of
title II; or
(B) a nonprofit organization in partnership
with a unit of local government described in
subparagraph (A);
(2) the term ``local policy board'', when used with
respect to an eligible entity, means a policy board
that the eligible entity will engage in the development
of the eligible entity's plan described in section
504(e)(5), and that includes--
(A) not fewer than 15 and not more than 21
members; and
(B) a balanced representation of--
(i) public agencies and private
nonprofit organizations serving
juveniles and their families; and
(ii) business and industry;
(C) at least one representative of the faith
community, one adjudicated youth, and one
parent of an adjudicated youth; and
(D) in the case of an eligible entity
described in paragraph (1)(B), a representative
of the nonprofit organization of the eligible
entity;
(3) the term ``mentoring'' means matching 1 adult
with 1 or more youths for the purpose of providing
guidance, support, and encouragement through regularly
scheduled meetings for not less than 9 months;
(4) the term ``juvenile delinquency program'' means a
juvenile delinquency program that is evidence-based or
promising and that may include--
(A) alcohol and substance abuse prevention
services;
(B) tutoring and remedial education,
especially in reading and mathematics;
(C) child and adolescent health and mental
health services;
(D) recreation services;
(E) leadership and youth development
activities;
(F) the teaching that individuals are and
should be held accountable for their actions;
(G) assistance in the development of job
training skills;
(H) youth mentoring programs;
(I) after-school programs;
(J) coordination of a continuum of services,
which may include--
(i) early childhood development
services;
(ii) voluntary home visiting
programs;
(iii) nurse-family partnership
programs;
(iv) parenting skills training;
(v) child abuse prevention programs;
(vi) family stabilization programs;
(vii) child welfare services;
(viii) family violence intervention
programs;
(ix) adoption assistance programs;
(x) emergency, transitional and
permanent housing assistance;
(xi) job placement and retention
training;
(xii) summer jobs programs;
(xiii) alternative school resources
for youth who have dropped out of
school or demonstrate chronic truancy;
(xiv) conflict resolution skill
training;
(xv) restorative justice programs;
(xvi) mentoring programs;
(xvii) targeted gang prevention,
intervention and exit services;
(xviii) training and education
programs for pregnant teens and teen
parents; and
(xix) pre-release, post-release, and
reentry services to assist detained and
incarcerated youth with transitioning
back into and reentering the community;
and
(K) other data-driven evidence-based or
promising prevention programs;
(5) the term ``State advisory group'' means the
advisory group appointed by the chief executive officer
of a State under a plan described in section 223(a);
and
(6) the term ``State entity'' means the State agency
designated under section 223(a)(1) or the entity
receiving funds under section 223(d).
SEC. 503. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.
The Administrator shall--
[(1) issue such rules as are necessary or appropriate
to carry out this title;]
[(2)] (1) 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)] (2) provide adequate staff and resources
necessary to properly carry out this title; and
[(4)] (3) 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 title;
(B) describing procedures followed to
disseminate grant activity products and
research findings;
(C) describing activities conducted to
develop policy and to coordinate Federal agency
and interagency efforts related to delinquency
prevention; and
(D) identifying successful approaches and
making recommendations for future activities to
be conducted under this title.
[SEC. 504. 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),
or to federally recognized Indian tribe or consortia of
federally recognized Indian tribes under subsection (d), 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.
[(b) Eligibility.--The requirements of this subsection are
met with respect to a unit of general local government if--
[(1) the unit is in compliance with the requirements
of part B of title II;
[(2) the unit has submitted to the State advisory
group a 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 title; 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.
[(d) Grants for Tribal Delinquency Prevention and Response
Programs.--
[(1) In general.--The Administrator shall make grants
under this section, on a competitive basis, to eligible
Indian tribes or consortia of Indian tribes, as
described in paragraph (2)--
[(A) to support and enhance--
[(i) tribal juvenile delinquency
prevention services; and
[(ii) the ability of Indian tribes to
respond to, and care for, juvenile
offenders; and
[(B) to encourage accountability of Indian
tribal governments with respect to preventing
juvenile delinquency and responding to, and
caring for, juvenile offenders.
[(2) Eligible indian tribes.--To be eligible to
receive a grant under this subsection, an Indian tribe
or consortium of Indian tribes shall submit to the
Administrator an application in such form and
containing such information as the Administrator may
require.
[(3) Considerations.--In providing grants under this
subsection, the Administrator shall take into
consideration, with respect to the Indian tribe to be
served, the--
[(A) juvenile crime rates;
[(B) dropout rates; and
[(C) number of at-risk youth.
[(4) Authorization of appropriations.--There is
authorized to be appropriated $25,000,000 for each of
fiscal years 2011 through 2015.]
SEC. 504. GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS.
(a) Purpose.--The purpose of this section is to enable local
communities to address the unmet needs of youth who are
involved in, or are at risk of involvement in, juvenile
delinquency or gang activity, including through a continuum of
delinquency prevention programs for juveniles who have had
contact with the juvenile justice system or who are likely to
have contact with the juvenile justice system.
(b) Program Authorized.--The Administrator shall--
(1) for each fiscal year for which less than
$25,000,000 is appropriated under section 506, award
grants to not fewer than 3 State entities, but not more
than 5 State entities, that apply under subsection (c)
and meet the requirements of subsection (d); or
(2) for each fiscal year for which $25,000,000 or
more is appropriated under section 506, award grants to
not fewer than 5 State entities that apply under
subsection (c) and meet the requirements of subsection
(d).
(c) State Application.--To be eligible to receive a grant
under this section, a State entity shall submit an application
to the Administrator, which includes the following:
(1) An assurance the State entity will use--
(A) not more than 10 percent of such grant,
in the aggregate--
(i) for the costs incurred by the
State entity to carry out this section,
except that not more than 3 percent of
such grant may be used for such costs;
and
(ii) to provide technical assistance
to eligible entities receiving a
subgrant under subsection (e) in
carrying out juvenile delinquency
programs under the subgrant; and
(B) the remainder of such grant to award
subgrants to eligible entities under subsection
(e).
(2) An assurance that such grant will supplement, and
not supplant, State and local efforts to prevent
juvenile delinquency.
(3) An assurance the State entity will evaluate the
capacity of eligible entities receiving a subgrant
under subsection (e) to fulfill the requirements under
such subsection.
(4) An assurance that such application was prepared
after consultation with, and participation by, the
State advisory group, units of local government,
community-based organizations, and organizations that
carry out programs, projects, or activities to prevent
juvenile delinquency in the local juvenile justice
system served by the State entity.
(d) Approval of State Applications.--In awarding grants
under this section for a fiscal year, the Administrator may not
award a grant to a State entity for a fiscal year unless--
(1)(A) the State that will be served by the State
entity submitted a plan under section 223 for such
fiscal year; and
(B) such plan is approved by the Administrator for
such fiscal year; or
(2) after finding good cause for a waiver, the
Administrator waives the plan required under
subparagraph (A) for such State for such fiscal year.
(e) Subgrant Program.--
(1) Program authorized.--
(A) In general.--Each State entity receiving
a grant under this section shall award
subgrants to eligible entities in accordance
with this subsection.
(B) Priority.--In awarding subgrants under
this subsection, the State entity shall give
priority to eligible entities that demonstrate
ability in--
(i) plans for service and agency
coordination and collaboration
including the collocation of services;
(ii) innovative ways to involve the
private nonprofit and business sector
in delinquency prevention activities;
(iii) developing data-driven
prevention plans, employing evidence-
based prevention strategies, and
conducting program evaluations to
determine impact and effectiveness;
(iv) identifying under the plan
submitted under paragraph (5) potential
savings and efficiencies associated
with successful implementation of such
plan; and
(v) describing how such savings and
efficiencies may be used to carry out
delinquency prevention programs and be
reinvested in the continuing
implementation of such programs after
the end of the subgrant period.
(C) Subgrant program period and diversity of
projects.--
(i) Program period.--A subgrant
awarded to an eligible entity by a
State entity under this section shall
be for a period of not more than 5
years, of which the eligible entity--
(I) may use not more than 18
months for completing the plan
submitted by the eligible
entity under paragraph (5); and
(II) shall use the remainder
of the subgrant period, after
planning period described in
subclause (I), for the
implementation of such plan.
(ii) Diversity of projects.--In
awarding subgrants under this
subsection, a State entity shall
ensure, to the extent practicable and
applicable, that such subgrants are
distributed throughout different areas,
including urban, suburban, and rural
areas.
(2) Local application.--An eligible entity that
desires a subgrant under this subsection shall submit
an application to the State entity in the State of the
eligible entity, at such time and in such manner as
determined by the State entity, and that includes--
(A) a description of--
(i) the local policy board and local
partners the eligible entity will
engage in the development of the plan
described in paragraph (5);
(ii) the unmet needs of youth in the
community who are or have been involved
in, or are at risk of being involved in
juvenile delinquency or gang activity;
(iii) available resources in the
community to meet the unmet needs
identified in the needs assessment
described in paragraph (5)(A);
(iv) potential costs to the community
if the unmet needs are not addressed;
(B) a specific time period for the planning
and subsequent implementation of its continuum
of local delinquency prevention programs;
(C) the steps the eligible entity will take
to implement the plan under subparagraph (A);
and
(D) a plan to continue the grant activity
with non-Federal funds, if proven successful
according to the performance evaluation process
under paragraph (5)(D), after the grant period.
(3) Matching requirement.--An eligible entity
desiring a subgrant under this subsection shall agree
to provide a 50 percent match of the amount of the
subgrant, which may include the value of in-kind
contributions.
(4) Subgrant review.--
(A) Review.--Not later than the end of the
second year of a subgrant period for a subgrant
awarded to an eligible entity under this
subsection and before awarding the remaining
amount of the subgrant to the eligible entity,
the State entity shall--
(i) ensure that the eligible entity
has completed the plan submitted under
paragraph (2) and that the plan meets
the requirements of such paragraph; and
(ii) verify that the eligible entity
will begin the implementation of its
plan upon receiving the next
installment of its subgrant award.
(B) Termination.--If the State entity finds
through the review conducted under subparagraph
(A) that the eligible entity has not met the
requirements of clause (i) of such
subparagraph, the State entity shall reallocate
the amount remaining on the subgrant of the
eligible entity to other eligible entities
receiving a subgrant under this subsection or
award the amount to an eligible entity during
the next subgrant competition under this
subsection.
(5) Local uses of funds.--An eligible entity that
receives a subgrant under this subsection shall use the
funds to implement a plan to carry out delinquency
prevention programs in the community served by the
eligible entity in a coordinated manner with other
delinquency prevention programs or entities serving
such community, which includes--
(A) an analysis of the unmet needs of youth
in the community who are or have been, or are
at risk of being, involved in juvenile
delinquency or gang activity--
(i) which shall include--
(I) the available resources
in the community to meet the
unmet needs; and
(II) factors present in the
community that may contribute
to delinquency, such as
homelessness, food insecurity,
teen pregnancy, youth
unemployment, family
instability, lack of
educational opportunity; and
(ii) may include an estimate--
(I) for the most recent year
for which reliable data is
available, the amount expended
by the community and other
entities for delinquency
adjudication for juveniles and
the incarceration of adult
offenders for offenses
committed in such community;
and
(II) of potential savings and
efficiencies that may be
achieved through the
implementation of the plan;
(B) a minimum 3-year comprehensive strategy
to address the unmet needs and an estimate of
the amount or percentage of non-Federal funds
that are available to carry out the strategy;
(C) a description of how delinquency
prevention programs under the plan will be
coordinated;
(D) a description of the performance
evaluation process of the delinquency
prevention programs to be implemented under the
plan, which shall include performance measures
to assess efforts to address the unmet needs of
youth in the community analyzed under
subparagraph (A);
(E) the evidence or promising evaluation on
which such delinquency prevention programs are
based; and
(F) if such delinquency prevention programs
are proven successful according to the
performance evaluation process under
subparagraph (D), a strategy to continue such
programs after the subgrant period with non-
Federal funds, including a description of how
any estimated savings or efficiencies created
by the implementation of the plan may be used
to continue such programs.
SEC. 505. GRANTS FOR TRIBAL DELINQUENCY PREVENTION AND RESPONSE
PROGRAMS.
(a) In General.--The Administrator shall make grants under
this section, on a competitive basis, to eligible Indian tribes
(or consortia of Indian tribes) as described in subsection
(b)--
(1) to support and enhance--
(A) tribal juvenile delinquency prevention
services; and
(B) the ability of Indian tribes to respond
to, and care for, juvenile offenders; and
(2) to encourage accountability of Indian tribal
governments with respect to preventing juvenile
delinquency, and responding to, and caring for,
juvenile offenders.
(b) Eligible Indian Tribes.--To be eligible to receive a
grant under this section, an Indian tribe or consortium of
Indian tribes shall submit to the Administrator an application
in such form as the Administrator may require.
(c) Considerations.--In providing grants under this section,
the Administrator shall take into consideration, with respect
to the Indian tribe to be served, the--
(1) juvenile delinquency rates;
(2) school dropout rates; and
(3) number of youth at risk of delinquency.
(d) Availability of Funds.--Of the amount appropriated for a
fiscal year to carry out this title, 11 percent shall be
available to carry out this section.
[SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
title such sums as may be necessary for fiscal years 2004,
2005, 2006, 2007, and 2008.]
SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title--
(1) $91,857,500 for fiscal year 2018;
(2) $91,857,500 for fiscal year 2019;
(3) $93,235,362 for fiscal year 2020;
(4) $94,633,892 for fiscal year 2021; and
(5) $96,053,401 for fiscal year 2022.
TITLE VI--ACCOUNTABILITY AND OVERSIGHT
SEC. 601. ACCOUNTABILITY AND OVERSIGHT.
(a) Sense of Congress.--It is the sense of Congress that, in
order to ensure that at-risk youth, and youth who come into
contact with the juvenile justice system or the criminal
justice system, are treated fairly and that the outcome of that
contact is beneficial to the Nation--
(1) the Department of Justice, through its Office of
Juvenile Justice and Delinquency Prevention, must
restore meaningful enforcement of the core requirements
in title II; and
(2) States, which are entrusted with a fiscal
stewardship role if they accept funds under title II
must exercise vigilant oversight to ensure full
compliance with the core requirements for juveniles
provided for in title II.
(b) Accountability.--
(1) Agency program review.--
(A) Programmatic and financial assessment.--
(i) In general.--Not later than 60
days after the date of enactment of the
Supporting Youth Opportunity and
Preventing Delinquency Act of 2016, the
Director of the Office of Audit,
Assessment, and Management of the
Office of Justice Programs at the
Department of Justice (referred to in
this section as the ``Director'')
shall--
(I) conduct a comprehensive
analysis and evaluation of the
internal controls of the Office
of Juvenile Justice and
Delinquency Prevention
(referred to in this section as
the ``agency'') to determine if
States and Indian tribes
receiving grants are following
the requirements of the agency
grant programs and what
remedial action the agency has
taken to recover any grant
funds that are expended in
violation of grant programs,
including instances where--
(aa) supporting
documentation was not
provided for cost
reports;
(bb) unauthorized
expenditures occurred;
and
(cc) subrecipients of
grant funds were not in
compliance with program
requirements;
(II) conduct a comprehensive
audit and evaluation of a
selected statistically
significant sample of States
and Indian tribes (as
determined by the Director)
that have received Federal
funds under title II, including
a review of internal controls
to prevent fraud, waste, and
abuse of funds by grantees; and
(III) submit a report in
accordance with clause (iv).
(ii) Considerations for
evaluations.--In conducting the
analysis and evaluation under clause
(i)(I), and in order to document the
efficiency and public benefit of titles
II and V, the Director shall take into
consideration the extent to which--
(I) greater oversight is
needed of programs developed
with grants made by the agency;
(II) 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; and
(III) the agency has
implemented recommendations
issued by the Comptroller
General or Office of Inspector
General relating to the grant
making and grant monitoring
responsibilities of the agency.
(iii) Considerations for audits.--In
conducting the audit and evaluation
under clause (i)(II), and in order to
document the efficiency and public
benefit of titles II and V, the
Director shall take into
consideration--
(I) whether grantees timely
file Financial Status Reports;
(II) whether grantees have
sufficient internal controls to
ensure adequate oversight of
grant funds received;
(III) whether grantees'
assertions of compliance with
the core requirements were
accompanied with adequate
supporting documentation;
(IV) whether expenditures
were authorized;
(V) whether subrecipients of
grant funds were complying with
program requirements; and
(VI) whether grant funds were
spent in accordance with the
program goals and guidelines.
(iv) Report.--The Director shall--
(I) submit to the Congress a
report outlining the results of
the analysis, evaluation, and
audit conducted under clause
(i), including supporting
materials, to the Speaker of
the House of Representatives
and the President pro tempore
of the Senate; and
(II) shall make such report
available to the public online,
not later than 1 year after the
date of enactment of this
section.
(B) Analysis of internal controls.--
(i) In general.--Not later than 30
days after the date of enactment of the
Supporting Youth Opportunity and
Preventing Delinquency Act of 2016, the
Administrator shall initiate a
comprehensive analysis and evaluation
of the internal controls of the agency
to determine whether, and to what
extent, States and Indian tribes that
receive grants under titles II and V
are following the requirements of the
grant programs authorized under titles
II and V.
(ii) Report.--Not later than 180 days
after the date of enactment of the
Supporting Youth Opportunity and
Preventing Delinquency Act of 2016, the
Administrator shall submit to Congress
a report containing--
(I) the findings of the
analysis and evaluation
conducted under clause (i);
(II) a description of
remedial actions, if any, that
will be taken by the
Administrator to enhance the
internal controls of the agency
and recoup funds that may have
been expended in violation of
law, regulations, or program
requirements issued under
titles II and V; and
(III) a description of--
(aa) the analysis
conducted under clause
(i);
(bb) whether the
funds awarded under
titles II and V have
been used in accordance
with law, regulations,
program guidance, and
applicable plans; and
(cc) the extent to
which funds awarded to
States and Indian
tribes under titles II
and V enhanced the
ability of grantees to
fulfill the core
requirements.
(C) Report by the attorney general.--Not
later than 180 days after the date of enactment
of the Supporting Youth Opportunity and
Preventing Delinquency Act of 2016, the
Attorney General shall submit to the
appropriate committees of the Congress a report
on the estimated amount of formula grant funds
disbursed by the agency since fiscal year 2010
that did not meet the requirements for awards
of formula grants to States under title II.
(2) Conference expenditures.--
(A) Limitation.--No amounts authorized to be
appropriated to the Department of Justice under
this Act may be used by the Attorney General,
or by any individual or organization awarded
discretionary funds through a cooperative
agreement under this Act, to host or support
any expenditure for conferences that uses more
than $20,000 in funds made available to the
Department of Justice, unless the Deputy
Attorney General or such Assistant Attorney
Generals, Directors, or principal deputies as
the Deputy Attorney General may designate,
provides prior written authorization that the
funds may be expended to host a conference.
(B) Written approval.--Written approval under
subparagraph (A) shall include a written
estimate of all costs associated with the
conference, including the cost of all food and
beverages, audiovisual equipment, honoraria for
speakers, and entertainment.
(C) Report.--The Deputy Attorney General
shall submit an annual report to the Committee
on the Judiciary of the Senate and the
Committee on Education and the Workforce of the
House of Representatives on all conference
expenditures approved under this paragraph.
(3) Prohibition on lobbying activity.--
(A) In general.--Amounts authorized to be
appropriated under this Act may not be utilized
by any recipient of a grant made using such
amounts--
(i) to lobby any representative of
the Department of Justice regarding the
award of grant funding; or
(ii) to lobby any representative of a
Federal, State, local, or tribal
government regarding the award of grant
funding.
(B) Penalty.--If the Attorney General
determines that any recipient of a grant made
using amounts authorized to be appropriated
under this Act has violated subparagraph (A),
the Attorney General shall--
(i) require the recipient to repay
the grant in full; and
(ii) prohibit the recipient to
receive another grant under this Act
for not less than 5 years.
(C) Clarification.--For purposes of this
paragraph, submitting an application for a
grant under this Act shall not be considered
lobbying activity in violation of subparagraph
(A).
(c) Preventing Duplicative Grants.--
(1) In general.--Before the Attorney General awards a
grant to an applicant under this Act, the Attorney
General shall compare potential grant awards with other
grants awarded under this Act to determine if duplicate
grant awards are awarded for the same purpose.
(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on Education
and the Workforce of the House of Representatives a
report that includes--
(A) a list of all duplicate grants awarded,
including the total dollar amount of any
duplicate grants awarded; and
(B) the reason the Attorney General awarded
the duplicative grant.
(d) Compliance with Auditing Standards.--The Administrator
shall comply with the Generally Accepted Government Auditing
Standards, published by the General Accountability Office
(commonly known as the ``Yellow Book''), in the conduct of
fiscal, compliance, and programmatic audits of States.
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