Juvenile Justice and Delinquency
Prevention Act of 2002
SUBCHAPTER I-GENERALLY
[Title I]
JUVENILE JUSTICE AND DELINQUENCY PREVENTION
ACT OF 2002
42 U.S.C. 5601 [Sec. 101.] Findings 1
42 U.S.C. 5602 [Sec. 102.] Purpose of this title
and title II 3
42 U.S.C. 5603 [Sec. 103.] Definitions 3
PROGRAMS AND OFFICES
SUBCHAPTER II
JUVENILE JUSTICE AND DELINQUENCY PREVENTION OFFICE
PART A
[Title II]
42 U.S.C. 5611 [Sec. 201.] Establishment 8
42 U.S.C. 5612 [Sec. 202.] Personnel 9
42 U.S.C. 5613 [Sec. 203.] Voluntary and uncompensated
services 9
42 U.S.C. 5614 [Sec. 204.] Concentration of Federal
efforts 10
42 U.S.C. 5615 [Sec. 205.] Joint funding; non-Federal
share requirements 12
42 U.S.C. 5616 [Sec. 206.] Coordinating Council
on Juvenile Justice and Delinquency Prevention 12
42 U.S.C. 5617 [Sec. 207.] Annual report 15
SUBCHAPTER II-PROGRAMS AND OFFICES
PART B-FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS
[Title II]
42 U.S.C. 5631 [Sec.221.] Authority to make grants
and contracts 16
42 U.S.C. 5632 [Sec. 222.] Allocation of funds 16
42 U.S.C. 5633 [Sec. 223.] State plans 18
SUBCHAPTER II-PROGRAMS AND OFFICES
PART C - JUVENILE DELINQUENCY PREVENTION BLOCK GRANT
PROGRAM
[Title II]
42 U.S.C. 5651 [Sec. 241.] Authority to make
grants 32
42 U.S.C. 5652 [Sec. 242.] Allocation 36
42 U.S.C. 5653 [Sec. 243.] Eligibility of States 37
42 U.S.C. 5654 [Sec. 244.] Grants for local projects 38
42 U.S.C. 5655 [Sec. 245.] Eligibility of entities 39
42 U.S.C. 5656 [Sec. 246.] Grants to Indian tribes 39
SUBCHAPTER II-PROGRAMS AND OFFICES
PART D - RESEARCH; EVALUATION; TECHNICAL ASSISTANCE;
TRAINING
[Title II]
42 U.S.C. 5661 [Sec. 251.] Research and evaluation;
Statistical analyses; Information dissemination 42
42 U.S.C. 5662 [Sec. 252.] Training and technical
assistance 45
SUBCHAPTER II-PROGRAMS AND OFFICES
PART E - DEVELOPING, TESTING AND DEMONSTRATING PROMISING
NEW INITIATIVES AND PROGRAMS
[Title II]
42 U.S.C. 5665 [Sec. 261.] Grants and projects 46
42 U.S.C. 5666 [Sec. 262.] Grants for technical
assistance 46
42 U.S.C. 5667 [Sec. 263.] Eligibility 46
42 U.S.C. 5668 [Sec. 264.] Reports 47
SUBCHAPTER II-PROGRAMS AND OFFICES
PART J-GENERAL AND ADMINISTRATIVE PROVISIONS
[Title II]
42 U.S.C. 5671 [Sec. 299.] Authorization of appropriations 47
42 U.S.C. 5672 [Sec. 299A.] Administrative authority 48
42 U.S.C. 5673 [Sec. 299B.] Withholding 49
42 U.S.C. 5674 [Sec. 299C.] Use of funds 49
42 U.S.C. 5675 [Sec. 299D.] Payments 50
42 U.S.C. 5676 [Sec. 299E.] Confidentiality of
program records 51
42 U.S.C. 5677 [Sec. 299F.] Limitations on use
of funds 51
42 U.S.C. 5678 [Sec. 299G.] Rules of construction 51
42 U.S.C. 5679 [Sec. 299H] Leasing surplus Federal
properly 51
42 U.S.C. 5680 [Sec. 299I] Issuance of rules 51
42 U.S.C. 5681 [Sec. 299J.] Content of materials 52
SUBCHAPTER I-GENERALLY
[Title I]
Juvenile Justice and Delinquency Prevention
Act of 2002
42 U.S.C. 5601 [Sec. 101.] Findings
(a) The Congress finds the following:
(1) Although the juvenile violent crime arrest rate in 1999 was
the lowest in the decade, there remains a consensus that the number
of crimes and the rate of offending by juveniles nationwide is
still too high.
(2) According to the Office of Juvenile Justice and Delinquency
Prevention, allowing 1 youth to leave school for a life of crime
and of drug abuse costs society $1,700,000 to $2,300,000 annually.
(3) One in every 6 individuals (16.2 percent) arrested for committing
violent crime in 1999 was less than 18 years of age. In 1999, juveniles
accounted for 9 percent of murder arrests, 17 percent of forcible
rape arrests, 25 percent of robbery arrest, 14 percent of aggravated
assault arrests, and 24 percent of weapons arrests.
(4) More than 1/2 of juvenile murder victims are killed with
firearms. Of the nearly 1,800 murder victims less than 18 years
of age, 17 percent of the victims less than 13 years of age were
murdered with a firearm, and 81 percent of the victims 13 years
of age or older were killed with a firearm.
(5) Juveniles accounted for 13 percent of all drug abuse violation
arrests in 1999. Between 1990 and 1999, juvenile arrests for drug
abuse violations rose 132 percent.
(6) Over the last 3 decades, youth gang problems have increased
nationwide. In the 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 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.
42 U.S.C. 5602 [Sec. 102.] Purpose of this subchapter
and subchapter II of this subchapter are--
(1) to support State and local programs that prevent juvenile
involvement in delinquent behavior;
(2) to assist State and local governments in promoting public
safety by encouraging accountability for acts of juvenile delinquency;
and
(3) to assist State and local governments in addressing juvenile
crime through the provision of technical assistance, research,
training, evaluation, and the dissemination of information on effective
programs for combating juvenile delinquency.'.
42 U.S.C.
5603 [Sec. 103.] Definitions
For purposes of this chapter-
(1) the term "community based" facility, program, or service
means a small, open group home or other suitable place located
near the juvenile's home or family and programs of community supervision
and service which maintain community and consumer participation
in the planning operation, and evaluation of their programs which
may include, but are not limited to, medical, educational, vocational,
social, and psychological guidance, training, special education,
counseling, alcoholism treatment, drug treatment, and other rehabilitative
services;
(2) the term "Federal juvenile delinquency program" means any
juvenile delinquency program which is conducted, directly, or indirectly,
or is assisted by any Federal department or agency, including any
program funded under this chapter;
(3) the term "juvenile delinquency program" means any program
or activity related to juvenile delinquency prevention, control,
diversion, treatment, rehabilitation, planning, education, training,
and research, including drug and alcohol abuse programs; the improvement
of the juvenile justice system; and any program or activity designed
to reduce known rick factors for juvenile delinquent behavior,
provides activities that build on protective factors for, and develop
competencies in, juveniles to prevent, and reduce the rate of,
delinquent juvenile behavior;
(4) (A) the term "Bureau of Justice Assistance" means the bureau
established by section 3741 of this title;
(B) the term "Office of Justice Programs" means the office established
by section 3711 of this title;
(C) the term "National Institute of Justice" means the institute
established by section 3722(a) of this title; and
(D) the term "Bureau of Justice Statistics" means the bureau
established by section 3732(a) of this title;
(5) the term "Administrator" means the agency head designated
by section 5611(b) of this title;
(6) the term "law enforcement and criminal justice" means any
activity pertaining to crime prevention, control, or reduction
or the enforcement of the criminal law, including, but not limited
to police efforts to prevent, control, or reduce crime or to apprehend
criminals, activities of courts having criminal jurisdiction and
related agencies (including prosecutorial and defender services),
activities of corrections, probation, or parole authorities, and
programs relating to the prevention, control, or reduction of juvenile
delinquency or narcotic addiction;
(7) the term "State" means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands;
(8) the term "unit of local government" means-
(A) any city, county, township, town, borough, parish, village,
or other general purpose political subdivision of a State;
(B) any law enforcement district or judicial enforcement district
that-
(i) is established under applicable State law; and
(ii) has the authority to, in a manner independent of other State
entities, establish a budget and raise revenues;
(C) an Indian Tribe that performs law enforcement functions,
as determined by the Secretary of the Interior; or
(D) for the purposes of assistance eligibility, any agency of
the government of the District of Columbia or the Federal Government
that performs law enforcement functions in and for-
(i) the District of Columbia; or
(ii) any Trust Territory of the United States;
(9) the term "combination" as applied to States or units of local
government means any grouping or joining together of such States
or units for the purpose of preparing, developing, or implementing
a juvenile justice and delinquency prevention plan;
(10) the term "construction" means acquisition, expansion, remodeling,
and alteration of existing buildings, and initial equipment of
any such buildings, or any combination of such activities (including
architects' fees but not the cost of acquisition of land for buildings);
(11) the term "public agency" means any State, unit of local
government, combination of such States or units, or any department,
agency, or instrumentality of any of the foregoing;
(12) the term "secure detention facility" means any public or
private residential facility which--
(A) includes construction fixtures designed to physically restrict
the movements and activities of juveniles or other individuals
held in lawful custody in such facility; and
(B) is used for the temporary placement of any juvenile who is
accused of having committed an offense or of any other individual
accused of having committed a criminal offense;
(13) the term "secure correctional facility" means any public
or private residential facility which-
(A) includes construction fixtures designed to physically restrict
the movements and activities of juveniles or other individuals
held in lawful custody in such facility; and
(B) is used for the placement, after adjudication and disposition,
of any juvenile who has been adjudicated as having committed an
offense or any other individual convicted of a criminal offense;
(14) the term "serious crime" means criminal homicide, forcible
rape or other sex offenses punishable as a felony, mayhem, kidnapping,
aggravated assault, drug trafficking, robbery, larceny or theft
punishable as a felony, motor vehicle theft, burglary or breaking
and entering, extortion accompanied by threats of violence, and
arson punishable as a felony;
(15) the term "treatment" includes but is not limited to medical,
educational, special education, social, psychological, and vocational
services, corrective and preventive guidance and training, and
other rehabilitative services designed to protect the public, including
services designed to benefit addicts and other users by eliminating
their dependence on alcohol or other addictive or nonaddictive
drugs or by controlling their dependence and susceptibility to
addiction or use;
(16) the term "valid court order" means a court order given by
a juvenile court judge to a juvenile-
(A) who was brought before the court and made subject to such
order; and
(B) who received, before the issuance of such order, the full
due process rights guaranteed to such juvenile by the Constitution
of the United States;
(17) the term "Council" means the Coordinating Council on Juvenile
Justice and Delinquency Prevention established in section 5616(a)(1)
of this title;
(18) the term "Indian Tribe"(1) means-
(A) a federally recognized Indian tribe; or
(B) an Alaskan Native organization;
(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;
(23) the term "nonprofit organization" means an organization
described in section 501(c)(3) of Title 26 that is exempt from
taxation under section 501(a) of Title 26;
(24) the term "graduated sanctions" means an accountability-based,
graduated series of sanctions (including incentives, treatment,
and services) applicable to juveniles within the juvenile justice
system to hold such juveniles accountable for their actions and
to protect communities from the effects of juvenile delinquency
by providing appropriate sanctions for every act for which a juvenile
is adjudicated delinquent, by inducing their law-abiding behavior,
and by preventing their subsequent involvement with the juvenile
justice system;
(25) the term "contact" 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 charge offense;
(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.
PROGRAMS AND OFFICES
SUBCHAPTER II
JUVENILE JUSTICE AND DELINQUENCY PREVENTION OFFICE
PART A
[Title II]
42
U.S.C. 5611 [Sec. 201.] Establishment
(a) Placement within Department of Justice under general authority
of Attorney General
There is hereby established an Office of Juvenile Justice and
Delinquency Prevention (hereinafter in this division referred to
as the "Office") within the Department of Justice under the general
authority of the Attorney General.
(b) Administrator; head, appointment, authorities, etc.
The Office shall be headed by an Administrator (hereinafter in
this subchapter referred to as the "Administrator") appointed by
the President, by and with the advice and consent of the Senate,
from among individuals who have had experience in juvenile justice
programs. The Administrator is authorized to prescribe regulations
consistent with this chapter to award, administer, modify, extend,
terminate, monitor, evaluate, reject, or deny all grants and contracts
from, and applications for, funds made available under this subchapter.
The Administrator shall have the same reporting relationship with
the Attorney General as the directors of other offices and bureaus
within the Office of Justice Programs have.
(c) Deputy Administrator; appointment, functions, etc.
There shall be in the Office a Deputy Administrator who shall
be appointed by the Attorney General. The Deputy Administrator
shall perform such functions as the Administrator may from time
to time assign or delegate and shall act as the Administrator during
the absence or disability of the Administrator.
42 U.S.C.
5612 [Sec. 202.] Personnel
(a) Selection; employment; compensation
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 the Administrator
and to prescribe their functions.
(b) Special personnel
The Administrator is authorized to select, appoint, and employ
not to exceed three officers and to fix their compensation at rates
not to exceed the rate now or hereafter payable under section 5376
of Title 5.
(c) Personnel from other agencies
Upon the request of the Administrator, the head of any Federal
agency is authorized to detail, on a reimbursable basis, any of
its personnel to the Administrator to assist the Administrator
in carrying out the functions of the Administrator under this subchapter.
(d) Experts and consultants
The Administrator may obtain services as authorized by section
3109 of Title 5, at rates not to exceed the rate now or hereafter
payable under section 5376 of Title 5.
42
U.S.C. 5613 [Sec. 203.] Voluntary and uncompensated
services
The Administrator is authorized to accept and employ, in carrying
out the provisions of this chapter, voluntary and uncompensated
services notwithstanding the provisions of section 1342 of Title
31.
42
U.S.C. 5614 [Sec. 204.] Concentration of Federal
efforts
(a) Implementation of policy by Administrator; consultation with
Council and Advisory Committee
(1) The Administrator shall develop objectives, priorities, and
a long-term plan, and implement overall policy and a strategy to
carry out such plan, for all Federal juvenile delinquency programs
and activities relating to prevention, diversion, training, treatment,
rehabilitation, evaluation, research, and improvement of the juvenile
justice system in the United States. In carrying out the functions
of the Administrator, the Administrator shall consult with the
Council.
(2) (A) The plan described in paragraph (1) shall--
(i) contain specific goals and criteria for making grants and
contracts, for conducting research, and for carrying out other
activities under this subchapter; and
(ii) provide for coordinating the administration programs and
activities under this subchapter with the administration of all
other Federal juvenile delinquency programs and activities, including
proposals for joint funding to be coordinated by the Administrator.
(B) The Administrator shall review the plan described in paragraph
(1) annually, revise the plan as the Administrator considers appropriate,
and publish the plan in the Federal Register--
(i) not later than 240 days after November 4, 1992, in the case
of the initial plan required by paragraph (1); and
(ii) except as provided in clause (i), in the 30-day period ending
on October 1 of each year.
(b) Duties of Administrator
In carrying out the purposes of this chapter, the Administrator
shall--
(1) advise the President through the Attorney General as to all
matters relating to federally assisted juvenile delinquency programs
and Federal policies regarding juvenile delinquency;
(2) assist operating agencies which have direct responsibilities
for the prevention and treatment of juvenile delinquency in the
development and promulgation of regulations, guidelines, requirements,
criteria, standards, procedures, and budget requests in accordance
with the policies, priorities, and objectives the Administrator
establishes;
(3) conduct and support evaluations and studies of the performance
and results achieved by Federal juvenile delinquency programs and
activities; and
(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;
- (A) develop for each fiscal year, and publish annually in
the Federal Register for public comment, a proposed comprehensive
plan describing the particular activities which the Administrator
intends to carry out under parts D and E of this subchapter in
such fiscal year, specifying in detail those activities designed
to satisfy the requirements of parts D and E of this subchapter;
and
(B) taking into consideration comments received during the 45-day
period beginning on the date the proposed plan is published, develop
and publish a final plan, before December 31 of such fiscal year,
describing the particular activities which the Administrator intends
to carry out under parts D and E of this subchapter in such fiscal
year, specifying in detail those activities designed to satisfy
the requirements of parts D and E of this subchapter;
(6) provide for the auditing of monitoring systems required under
section 5633(a)(15) of this title to review the adequacy of such
systems; and
(7) not later than 1 year after the date of the enactment of
this paragraph, issue model standards for providing health care
to incarcerated juveniles.
(c) Information, reports, studies, and surveys from other agencies
The Administrator may require, through appropriate authority,
Federal departments and agencies engaged in any activity involving
any Federal juvenile delinquency program to provide the Administrator
with such information as may be appropriate to prevent the duplication
of efforts, and to coordinate activities, related to the prevention
of juvenile delinquency.
(d) Delegation of functions
The Administrator shall have the sole authority to delegate any
of the functions of the Administrator under this Act.
(e) Utilization of services and facilities of other agencies;
reimbursement
The Administrator is authorized to utilize the services and facilities
of any agency of the Federal Government and of any other public
agency or institution in accordance with appropriate agreements,
and to pay for such services either in advance or by way of reimbursement
as may be agreed upon.
(f ) coordination of functions of Administrator and Secretary
of Health and Human Services
All functions of the Administrator under this subchapter shall
be coordinated as appropriate with the functions of the Secretary
of Health and Human Services under subchapter III of this chapter.
42
U.S.C. 5615 [Sec. 205.] Joint funding; Non-Federal
share requirements
Notwithstanding any other provision of law, where funds are made
available by more than one Federal agency to be used by any agency,
organization, institution, or individual to carry out a Federal
juvenile delinquency program or activity, any one of the Federal
agencies providing funds may be requested by the Administrator
to act for all in administering the funds advanced whenever the
Administrator finds the program or activity to be exceptionally
effective or for which the Administrator finds exceptional need.
In such cases, a single non-Federal share requirement may be established
according to the proportion of funds advanced by each Federal agency,
and the Administrator may order any such agency to waive any technical
grant or contract requirement (as defined in such regulations)
which is inconsistent with the similar requirement of the administering
agency or which the administering agency does not impose.
42
U.S.C. 5616 [Sec. 206.] Coordinating Council on
Juvenile Justice and Delinquency Prevention
(a) Establishment; membership
(1) There is hereby established, as an independent organization
in the executive branch of the Federal Government a Coordinating
Council on Juvenile Justice and Delinquency Prevention composed
of the Attorney General, the Secretary of Health and Human Services,
the Secretary of Labor, the Secretary of Education, the Secretary
of Housing and Urban Development, the Administrator of the Office
of Juvenile Justice and Delinquency Prevention, the Director of
the Office of National Drug Control Policy, the Chief Executive
Officer of the Corporation for National and Community Service,
the Commissioner of Immigration and Naturalization, such other
officers of Federal agencies who hold significant decision making
authority as the President may designate, and individuals appointed
under paragraph (2).
(2) (A) Nine members shall be appointed, without regard to political
affiliation, to the Council in accordance with this paragraph from
among individuals who are practitioners in the field of juvenile
justice and who are not officers or employees of the United States.
- (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.
- (i) Of the members appointed under each of clauses (i),
(ii), and (iii)--
(I) 1 shall be appointed for a term of 1 year;
(II) 1 shall be appointed for a term of 2 years; and
(III) 1 shall be appointed for a term of 3 years;
as designated at the time of appointment.
(ii) Except as provided in clause (iii), a vacancy arising during
the term for which an appointment is made may be filled only for
the remainder of such term.
(iii) After the expiration of the term for which a member is
appointed, such member may continue to serve until a successor
is appointed.
(b) Chairman and Vice Chairman
The Attorney General shall serve as Chairman of the Council.
The Administrator of the Office of Juvenile Justice and Delinquency
Prevention shall serve as Vice Chairman of the Council. The Vice
Chairman shall act as Chairman in the absence of the Chairman.
(c) Functions
(1) The function of the Council shall be to coordinate all Federal
juvenile delinquency programs (in cooperation with State and local
juvenile justice programs) all Federal programs and activities
that detain or care for unaccompanied juveniles, and all Federal
programs relating to missing and exploited children. The Council
shall examine how the separate programs can be coordinated among
Federal, State, and local governments to better serve at-risk children
and juveniles and shall make recommendations to the President,
and to the Congress, at least annually with respect to the coordination
of overall policy and development of objectives and priorities
for all Federal juvenile delinquency programs and activities and
all Federal programs and activities that detain or care for unaccompanied
juveniles. The Council shall review the programs and practices
of Federal agencies and report on the degree to which Federal agency
funds are used for purposes which are consistent or inconsistent
with the mandates of paragraphs (12)(A), (13), and (14) of section
5633(a) of this title. The Council shall review, and make recommendations
with respect to, any joint funding proposal undertaken by the Office
of Juvenile Justice and Delinquency Prevention and any agency represented
on the Council. The Council shall review the reasons why Federal
agencies take juveniles into custody and shall make recommendations
regarding how to improve Federal practices and facilities for holding
juveniles in custody.
(2) In addition to performing their functions as members of the
Council, the members appointed under subsection (a)(2) of this
section shall collectively--
(A) make recommendations regarding the development of the objectives,
priorities, and the long-term plan, and the implementation of overall
policy and the strategy to carry out such plan, referred to in
section 5614(a)(1) of this title; and
(B) not later than 180 days after November 4, 1992, 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.
(d) Meetings
The Council shall meet at least quarterly.
e) Appointment of personnel or staff support by Administrator
The Administrator shall, with the approval of the Council, appoint
such personnel or staff support as the Administrator considers
necessary to carry out the purposes of this subchapter.
(f) Expenses of Council members; reimbursement
Members appointed under subsection (a)(2) of this section shall
serve without compensation. Members of the Council shall be reimbursed
for travel, subsistence, and other necessary expenses incurred
by them in carrying out the duties of the Council.
(g) Authorization of appropriations
Of sums available to carry out this part, not more than $200,000
shall be available to carry out this section.
42
U.S.C. 5617 [Sec. 207.] Annual report
Not later than 180 days after the end of a fiscal year, the Administrator
shall submit to the President, the Speaker of the House of Representatives,
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 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 disabilities, failing performance, grade retention,
and dropping out of school.
(2) A description of the activities for which funds are expended
under this part, including the objectives, priorities, accomplishments,
and recommendations of the Council.
(3) A description, based on the most recent data available, of
the extent to which each State complies with section 5633 of this
title and with the plan submitted under such section by the State
for such fiscal year.
(4) An evaluation of the programs funded under this title and
their effectiveness in reducing the incidence of juvenile delinquency,
particularly violent crime, committed by juveniles.
SUBCHAPTER
II-PROGRAMS AND OFFICES
PART B-FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS
[Title II]
42
U.S.C. 5631 [Sec.221.] Authority to make grants
and contracts
(a) In general
The Administrator is authorized to make grants to States and
units of local government or combinations thereof to assist them
in planning, establishing, operating, coordinating, and evaluating
projects directly or through grants and contracts with public and
private agencies for the development of more effective education,
training, research, prevention, diversion, treatment, and rehabilitation
programs in the area of juvenile delinquency and programs to improve
the juvenile justice system.
(b) Technical assistance
(1) With not to exceed 2 percent of the funds available in a
fiscal year to carry out this part, the Administrator shall make
grants to and enter into contracts with public and private agencies,
organizations, and individuals to provide technical assistance
to States, units of general local governments (and combinations
thereof), and local private agencies to facilitate compliance with
section 5633 of this title and implementation of the State plan
approved under section 5633(c) of this title.
(2) Grants and contracts may be made under paragraph (1) only
to public and private agencies, organizations, and individuals
that have experience in providing such technical assistance.
42
U.S.C. 5632 [Sec. 222.] Allocation of funds
(a) Time; basis; amounts
(1) Subject to paragraph (2) and in accordance with regulations
promulgated under this part, funds shall be allocated annually
among the States on the basis of relative population of people
under age eighteen.
- (A) Subject to paragraph (3), if the aggregate amount appropriated
for a fiscal year to carry out this subchapter is less than $75,000,000,
then the amount allocated to each State for such fiscal year
shall be not less than $325,000, or such greater amount up to
$400,000, as is available to be allocated without reducing the
amount of any State or territory's allocation below the amount
allocated for fiscal year 2000 except that the amount allocated
to the Virgin Islands of the United States, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands shall be
not less than $75,000, or such greater amount up to $100,000,
as is available to be allocated without reducing the amount of
any State or territory's allocation below the amount allocated
for fiscal year 2000, each.
(B) Subject to paragraph (3), if the aggregate amount appropriated
for a fiscal year to carry out this subchapter equals or exceeds
$75,000,000, then the amount allocated to each State for such fiscal
year shall be not less than $600,000, except that the amount allocated
to the Virgin Islands of the United States, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands shall be not
less than $100,000, or such greater amount up to $100,000, as is
available to be allocated without reducing the amount of any State
or territory's allocation below the amount allocated for fiscal
year 2000 each.
(3) If, as a result of paragraph (2), the amount allocated to
a State for a fiscal year would be less than the amount allocated
to such State for fiscal year 2000, then the amounts allocated
to satisfy the requirements of such paragraph shall be reduced
pro rata to the extent necessary to allocate to such State for
the fiscal year the amount allocated to such State for fiscal year
2000.
(b) Reallocation of unobligated funds
If any amount so allocated remains unobligated at the end of
the fiscal year, such funds shall be reallocated in a manner equitable
and consistent with the purpose of this part. Any amount so reallocated
shall be in addition to the amounts already allocated and available
to the State, the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands for the same period.
(c) Use of allocated funds for development, etc., of State plans;
limitations; matching requirements
In accordance with regulations promulgated under this part, a
portion of any allocation to any State under this part shall be
available to develop a State plan or for other pre-award activities
associated with such State plan, and to pay that portion of the
expenditures which are necessary for efficient administration,
including monitoring, evaluation, and one full-time staff position.
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) Minimum annual allocation for assistance of advisory group
In accordance with regulations promulgated under this part, 5
per centum of the minimum annual allocation to any State under
this part shall be available to assist the advisory group established
under section 5633(a)(3) of this title.
42 U.S.C.
5633 [Sec. 223.] State plans
(a) Requirements
In order to receive formula grants under this part, a State shall
submit a plan for carrying out its purposes applicable to a 3-year
period. Such plan shall be amended annually to include new programs,
projects, and activities. The State shall submit annual performance
reports to the Administrator which shall describe progress in implementing
programs contained in the original plan, and shall describe the
status of compliance with State plan requirements. In accordance
with regulations which the Administrator shall prescribe, such
plan shall--
(1) designate the State agency described in section 5671(c)(1)
of this title as the sole agency for supervising the preparation
and administration of the plan;
(2) contain satisfactory evidence that the State agency designated
in accordance with paragraph (1) has or will have authority, by
legislation if necessary, to implement such plan in conformity
with this part;
(3) provide for an advisory group, that-
(A) shall consist of not less than 15 and not more than 33 members
appointed by the chief executive officer of the State-
(i) which members have training, experience, or special knowledge
concerning the prevention and treatment of juvenile delinquency,
the administration of juvenile justice, or the reduction of juvenile
delinquency;
(ii) which members include--
(I) at least 1 locally elected official representing general
purpose local government;
(II) representatives of law enforcement and juvenile justice
agencies, including juvenile and family court judges, prosecutors,
counsel for children and youth, and probation workers;
(III) representatives of public agencies concerned with delinquency
prevention or treatment, such as welfare, social services, mental
health, education, special education, recreation, and youth services;
(IV) representatives of private nonprofit organizations, including
persons with a special focus on preserving and strengthening families,
parent groups and parent self-help groups, youth development, delinquency
prevention and treatment, neglected or dependent children, the
quality of juvenile justice, education, and social services for
children;
(V) volunteers who work with delinquents or potential delinquents;
(VI) youth workers involved with programs that are alternatives
to incarceration, including programs providing organized recreation
activities;
(VII) persons with special experience and competence in addressing
problems related to school violence and vandalism and alternatives
to suspension and expulsion; and
(VIII) persons with special experience and competence in addressing
problems related to learning disabilities, emotional difficulties,
child abuse and neglect, and youth violence;
(iii) a majority of which members (including the chairperson)
shall not be full-time employees of the Federal, State, or local
government;
(iv) at least one-fifth of which members shall be under the age
of 24 at the time of appointment; and
(v) at least 3 members who have been or are currently under the
jurisdiction of the juvenile justice system;
(B) shall participate in the development and review of the State's
juvenile justice plan prior to submission to the supervisory board
for final action;
(C) shall be afforded the opportunity to review and comment,
not later than 30 days after their submission to the advisory group,
on all juvenile justice and delinquency prevention grant applications
submitted to the State agency designated under paragraph (1);
(D) shall, consistent with this subchapter--
(i) advise the State agency designated under paragraph (1) and
its supervisory board; and
(ii) submit to the chief executive officer and the legislature
of the State at least annually recommendations regarding State
compliance with the requirements of paragraphs (11), (12), and
(13); and
(iii) contact and seek regular input from juveniles currently
under the jurisdiction of the juvenile justice system; and
(E) may, consistent with this subchapter--
(i) advise on State supervisory board and local criminal justice
advisory board composition;(2)
(ii) review progress and accomplishments of projects funded under
the State plan.
(4) provide for the active consultation with and participation
of units of local government or combinations thereof in the development
of a State plan which adequately takes into account the needs and
requests of units of local government, except that nothing in the
plan requirements, or any regulations promulgated to carry out
such requirements, shall be construed to prohibit or impede the
State from making grants to, or entering into contracts with, local
private agencies or the advisory group;
(5) unless the provisions of this paragraph are waived at the
discretion of the Administrator for any State in which the services
for delinquent or other youth are organized primarily on a statewide
basis, provide that at least 66 2/3 per centum of funds received
by the State under section 5632 of this title, reduced by the percentage
(if any) specified by the State under the authority of paragraph
(25) and excluding funds made available to the State advisory group
under section 5632(d) of this title, shall be expended--
(A) through programs of units of local government or combinations
thereof, to the extent such programs are consistent with the State
plan;
(B) through programs of local private agencies, to the extent
such programs are consistent with the State plan, except that direct
funding of any local private agency by a State shall be permitted
only if such agency requests such funding after it has applied
for and been denied funding by any unit of local government or
combination thereof; and
(C) to provide funds for programs of Indian tribes that perform
law enforcement functions (as determined by the Secretary of the
Interior) and that agree to attempt to comply with the requirements
specified in paragraphs (11), (12), and (13), applicable to the
detention and confinement of juveniles, 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,(3)
(6) provide for an equitable distribution of the assistance received
under section 5632 of this title within the State, including in
rural areas;
- (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), 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;
(B) contain--
(i) a plan for providing needed gender-specific services for
the prevention and treatment of juvenile delinquency;
(ii) a plan for providing needed services for the prevention
and treatment of juvenile delinquency in rural areas; and
(iii) 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;
(8) provide for coordination and maximum utilization of existing
juvenile delinquency programs, programs operated by public and
private agencies and
organizations, and other related programs (such as education,
special education, recreation, health, and welfare programs) in
the State;
(9) provide that not less than 75 percent of the funds available
to the State under section 5632 of this title, other than funds
made available to the State advisory group under section 5632(d)
of this title, whether expended directly by the State, by the unit
of local government, or by a combination thereof, or through grants
and contracts with public or private nonprofit agencies, shall
be used for--
(A) community-based alternatives (including home-based alternatives)
to incarceration and institutionalization including-
(i) for youth who need temporary placement: crisis intervention,
shelter, and after-care; and
(ii) for youth who need residential placement: a continuum of
foster care or group home alternatives that provide access to a
comprehensive array of services;
(B) community-based programs and services to work with--
(i) parents and other family members to strengthen families,
including parent self-help groups, so that juveniles may be retained
in their homes;
(ii) juveniles during their incarceration, and with their families,
to ensure the safe return of such juveniles to their homes and
to strengthen the families; and
(iii) parents with limited English-speaking ability, particularly
in areas where there is a large population of families with limited-English
speaking ability;
(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 the victims of child abuse or neglect, and to their families,
in order to reduce the likelihood that such juvenile offenders
will commit subsequent violations of law;
(E) educational programs or supportive services for delinquent
or other juveniles -
(i) to encourage juveniles to remain in elementary or secondary
schools or in alternative learning situations;
(ii) to provide services to assist juveniles in making the transition
to the world of work and self-sufficiency; and
(iii) 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) 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) 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 of legal guardian who is or was incarcerated in a
Federal, State, or local correctional facility or who is otherwise
under the jurisdiction of a Federal, State, or local criminal justice
system, particularly juveniles residing in low-income and high-crime
areas and juveniles experiencing educational failure, with responsible
individuals (such as law enforcement officials, Department of Defense
personnel, individuals working with local businesses, and individuals
working with community-based and faith-based organizations or agencies)
who are properly screened and trained.
(H) programs designed to develop and implement projects relating
to juvenile delinquency and learning disabilities, including on-the-job
training programs to assist community services, law enforcement,
and juvenile justice personnel to more effectively recognize and
provide for learning disabled and other juveniles with disabilities;
(I) 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) programs and projects designed to provide for the treatment
of youths' dependence on or abuse of alcohol or other addictive
or nonaddictive drugs;
(K) 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) programs that, in recognition of varying degrees of the seriousness
of delinquent behavior and the corresponding gradations in the
responses of the juvenile justice system in response to that behavior,
are designed to--
(i) encourage courts to develop and implement a continuum of
post- adjudication restraints that bridge the gap between traditional
probation and confinement in a correctional setting (including
expanded use of probation, mediation, restitution, community service,
treatment, home detention, intensive supervision, electronic monitoring,
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(4)
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) community-based programs and services to work with juveniles,
their parents, and other family members during and after incarceration
in order to strengthen families so that juveniles may be retained
in their homes;
(N) 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) programs designed to prevent and to reduce hate crimes committed
by juveniles;
(P) 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) community-based programs that provide follow-up post-placement
services to adjudicated juveniles, to promote successful reintegration
into the community;
(R) projects designed to develop and implement programs to protect
the rights of juveniles affected by the juvenile justice system;
and
(S) programs designed to provide mental health services for incarcerated
juveniles suspected to be in need of such services, including assessment,
development of individualized treatment plans, and discharge plans.
(10) provide for the development of an adequate research, training,
and evaluation capacity within the State;
(11) shall, in accordance with rules issued by the Administrator,
provide that -
(A) juveniles who are charged with or who have committed an offense
that would not be criminal if committed by an adult, excluding
-
(i) juveniles who are charged with or who have committed a violation
of section 922(x)(2) of title 18, 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.
(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 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 shall be detained or confined in
any jail or lockup for adults except -
(A) juveniles who are accused of nonstatus offenses who are detained
in such jail or lock-up 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 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 such 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 with adult inmates; and
(II) there is in effect in the State a policy that requires individuals
who work with both such juveniles and such adult 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 48 hours) delay
is excusable; or
(III) is located where conditions of safety exist (such as severely
adverse, life-threatening weather conditions that do not allow
for reasonably safe travel), in which case the time for an appearance
may be delayed until 24 hours after the time that such conditions
allow for reasonably safe travel;
(14) provide for an adequate system of monitoring jails, detention
facilities, correctional facilities, and non-secure facilities
to insure that the requirements of paragraph (11), paragraph (12),
and paragraph (13) are met, and for annual reporting of the results
of such monitoring to the Administrator, except that such reporting
requirements shall not apply in the case of a State which is in
compliance with the other requirements of this paragraph, which
is in compliance with the requirements in paragraph (11) and paragraph
(13), 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) provide assurance that youth in the juvenile justice system
are treated equitably on the basis of gender, race, family income,
and disability.
(16) provide assurance that consideration will be given to and
that assistance will be available for approaches designed to strengthen
the families of delinquent and other youth to prevent juvenile
delinquency (which approaches should include the involvement of
grandparents or other extended family members when possible and
appropriate and the provision of family counseling during the incarceration
of juvenile family members and coordination of family services
when appropriate and feasible);
(17) provide for procedures to be established for protecting
the rights of recipients of services and for assuring appropriate
privacy with regard to records relating to such services provided
to any individual under the State plan;
(18) provide assurances that-
(A) any assistance provided under this Act will not cause the
displacement (including 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) provide for such fiscal control and fund accounting procedures
necessary to assure prudent use, proper disbursement, and accurate
accounting of funds received under this subchapter;
(20) provide reasonable assurance that Federal funds made available
under this part for any period will be so used as to supplement
and increase (but not supplant) the level of the State, local,
and other non-Federal funds that would in the absence of such Federal
funds be made available for the programs described in this part,
and will in no event replace such State, local, and other non-Federal
funds;
(21) 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 is held in custody for violating such order;
(B) not later than 24 hours during which such juvenile is so
held, an authorized representative of such agency shall interview,
in person, such juvenile; and
(C) not later than 48 hours during which such juveniles is so
held -
(i) such representative shall submit an assessment to the court
that issued such order, regarding the immediate needs of such juvenile;
and
(ii) such court shall conduct a hearing to determine -
(I) whether there is reasonable cause to believe that such juvenile
violated such order; and
(II) the appropriate placement of such juvenile pending disposition
of the violation alleged;
(24) provide an assurance that if the State receives under section
5632 of this title for any fiscal year an amount that exceeds 105
percent of the amount the State received under such section for
fiscal year 2000, all of such excess shall be expended through
or for programs that are part of a comprehensive and coordinated
community system of services;
(25) 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,
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;
(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) 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).
(b) Approval by State agency
The State agency designated under subsection (a)(1) of this section,
after receiving and considering the advice and recommendations
of the advisory group referred to in subsection (a) of this section,
shall approve the State plan and any modification thereof prior
to submission to the Administrator.
(c) 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.
d) Nonsubmission or nonqualification of plan; expenditure of
allotted funds; availability of reallocated funds
In the event that any State chooses not to submit a plan, fails
to submit a plan, or submits a plan or any modification thereof,
which the Administrator, after reasonable notice and opportunity
for hearing, in accordance with sections 3783, 3784, and 3785 of
this title, determines does not meet the requirements of this section,
the Administrator shall endeavor to make that State's allocation
under the provisions of section 5632(a) of this title, excluding
funds the Administrator shall make available to satisfy the requirement
specified in section 5632(d) of this title, available to local
public and private nonprofit agencies within such State for use
in carrying out activities of the kinds described in paragraphs
(11), (12), (13) and (22) of subsection (a). The Administrator
shall make funds which remain available after disbursements are
made by the Administrator under the preceding sentence, and any
other unobligated funds, available on an equitable basis and to
those States that have achieved full compliance with the requirements
under paragraphs (11), (12), (13) and (22) of subsection (a).
(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) disseminating information, data, standards, advanced techniques,
and program models;
(C) reviewing Federal policies regarding juvenile justice and
delinquency prevention;
(D) advising the Administrator with respect to particular functions
or aspects of the work of the Office; and
(E) advising the President and Congress with regard to State
perspectives on the operation of the Office and Federal legislation
pertaining to juvenile justice and delinquency prevention.
SUBCHAPTER II-PROGRAMS AND OFFICES
PART C-JUVENILE
DELINQUENCY PREVENTION BLOCK GRANT PROGRAM
[Title II]
42 U.S.C. 5651 [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
5652(b) of this title, to carry out projects of the kinds described
in subsection (a).
42. U.S.C. 5652 [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 5656(a) of this title, 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.
42. U.S.C. 5653 [Sec. 243.] Eligibility of States
(a) Application- To be eligible to receive a grant under section
5651 of this title, 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
5654 of this title that receives an initial grant under section
5654 of this title 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 5651 of this title 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 5633 of this
title 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.
42 U.S.C. 5654 [Sec. 244.] Grants for local projects.
(a) Grants by States- Using a grant received under section 5651
of this title, 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 5651 of this title.
(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.
42 U.S.C. 5655 [Sec. 245.] Eligibility of entities.
(a) Eligibility- Except as provided in subsection (b), to be
eligible to receive a grant under section 5654 of this title, 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 5651(a) of this title 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 5654 of this title 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.
42 U.S.C. 5656 [Sec. 246.] Grants to Indian tribes.
(a) Eligibility-
(1) Application- To be eligible to receive a grant under section
5651(b) of this title, an Indian tribe shall submit to the Administrator
an application in accordance with this section, in such form and
containing such information as the Administrator may require by
rule.
(2) Plans- Such application shall include a plan for conducting
programs, projects, and activities described in section 5651(a)
of this title, which plan shall--
(A) provide evidence that the applicant Indian tribe performs
law enforcement functions (as determined by the Secretary of the
Interior);
(B) 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 5633(a)
of this title (excluding any requirement relating to consultation
with a State advisory group) and with the requirements specified
in section 222(c); and
( | 
