Sets forth prohibitions against detained juveniles having physical and sustained oral and visual contact with adult inmates. Requires the State to have in effect a policy that requires individuals who work with both such juveniles and adult inmates in collocated facilities to have been trained and certified to work with juveniles.
Extends the period of time that a juvenile may be held while awaiting an initial court appearance to up to 48 hours, excluding weekends and holidays. Allows juveniles to be held in adult facilities for not to exceed 20 days as long as the parent or guardian consents, the juvenile's counsel has the opportunity to present the juvenile's position regarding the detention, the court hears from the juvenile prior to approval of placement and there is no existing acceptable placement, the parent or legal guardian (or guardian ad litem) of the jurisdiction involved consents and it is approved in advance by the court. Requires that such placement be reviewed periodically at intervals of not more than five days for the duration of the detention or confinement.
Eliminates the need for a judge to receive a report from an "appropriate public agency" (other than a court or law enforcement agency) before the issuance of a valid court order allowing a juvenile to be held in a secure facility. Requires such agency to be promptly notified if a juvenile is held under a valid court order. Requires such agency to interview the juvenile within 24 hours of the referral and to submit an assessment to the court regarding the juvenile's immediate needs. Directs the court, after receipt of such report, to determine: (1) if the juvenile violated such order; and (2) the appropriate placement for the juvenile, pending disposition of the violation alleged.
Authorizes the use of Juvenile Delinquency Prevention Block Grants for specified purposes, including: (1) projects that provide treatment to juvenile offenders, including treatment for mental health problems and for juveniles who have experienced violence; (2) projects which provide for an assessment of, and individualized treatment plans for, incarcerated juveniles suspected to be in need of mental health services; (3) after-school programs for at-risk juveniles; (4) programs related to the establishment and maintenance of a school violence hotline; (5) programs designed to reduce the unlawful acquisition and illegal use of guns by juveniles; (6) projects that include collaboration on prenatal care for pregnant juvenile offenders; (7) programs designed to prevent animal cruelty by juveniles and to counsel juveniles who commit animal cruelty offenses; (8) programs that provide suicide prevention services for incarcerated juveniles and for juveniles leaving the incarceration system; (9) programs to establish partnerships between State educational agencies and local educational agencies for the design and implementation of character education and training programs; (10) programs that foster strong character development in at-risk juveniles and juveniles in the juvenile justice system; and (11) local programs that provide for immediate psychological evaluation and followup treatment for juveniles who bring a gun on school grounds without permission from appropriate school authorities.
Modifies State application requirements for grants to require assurances that: (1) applications were prepared after consultation with and participation by the State advisory group; and(2) such group will be afforded the opportunity to review and comment on all grant applications submitted to the State agency.
Provides for grants to Indian tribes. Specifies that if the Administrator of the Office of Juvenile Justice and Delinquency Prevention 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 to the extent deemed necessary.
Authorizes the Administrator to undertake specified activities regarding research, evaluation, technical assistance, and training, including: (1) conducting research or evaluation for the purpose of 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; (2) determining the frequency, seriousness, and incidence of drug use by youth in schools and communities in the States using specified data and 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; (3) conducting 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 juveniles who are unable to return to their family after completing their disposition in the juvenile justice system and remain wards of the State; and (4) providing training and technical assistance to mental health professionals and law enforcement personnel to address or promote the development, testing, or demonstration of promising or innovative models, programs, or delivery systems that address the needs of delinquent juveniles who are placed in secure detention or confinement or in non-secure residential placements.
Prohibits the payment of funds under such Act to a residential program (excluding a program in a private residence) unless: (1) there is in effect in the State in which such placement or care is provided a requirement that the provider may be licensed only after satisfying explicit standards of discipline that prohibit neglect and physical and mental abuse; (2) such provider is so licensed by the State; and (3) such provider satisfies the licensing standards of each other State from which such provider receives a juvenile for placement or care in accordance with the Interstate Compact on Child Placement.
Prohibits the use of funds under such Act to support the unsecured release of juveniles charged with a violent crime.
Specifies that nothing under such Act shall prevent otherwise eligible organizations from receiving grants or from modifying or affecting existing Federal or State laws related to collective bargaining rights of employees.
Permits the Administrator to receive surplus Federal property and lease it to States for use in or as facilities for delinquency prevention and treatment activities.
Specifies that materials produced, procured, or distributed both using funds appropriated to carry out such Act and for preventing hate crimes that result in acts of physical violence shall not recommend or require any action that abridges or infringes upon specified constitutionally protected rights.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1900 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1900
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to
provide quality prevention programs and accountability programs
relating to juvenile delinquency; and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2001
Mr. Greenwood (for himself and Mr. Scott) introduced the following
bill; which was referred to the Committee on Education and the
Workforce
_______________________________________________________________________
A BILL
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to
provide quality prevention programs and accountability programs
relating to juvenile delinquency; and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Juvenile Crime
Control and Delinquency Prevention Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. Name of office.
Sec. 6. Concentration of Federal effort.
Sec. 7. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 8. Annual report.
Sec. 9. Allocation.
Sec. 10. State plans.
Sec. 11. Juvenile delinquency prevention block grant program.
Sec. 12. Research; evaluation; technical assistance; training.
Sec. 13. Demonstration projects.
Sec. 14. Authorization of appropriations.
Sec. 15. Administrative authority.
Sec. 16. Use of funds.
Sec. 17. Limitation on use of funds.
Sec. 18. Rules of construction.
Sec. 19. Leasing surplus Federal property.
Sec. 20. Issuance of rules.
Sec. 21. Content of materials.
Sec. 22. Technical and conforming amendments.
Sec. 23. References.
Sec. 24. Effective date; application of amendments.
SEC. 2. FINDINGS.
Section 101 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5601) is amended to read as follows:
``findings
``Sec. 101. (a) The Congress finds the following:
``(1) There has been a dramatic increase in juvenile
delinquency, particularly violent crime committed by juveniles.
Weapons offenses and homicides are 2 of the fastest growing
crimes committed by juveniles. More than \1/2\ of juvenile
victims are killed with a firearm. Approximately \1/5\ of the
individuals arrested for committing violent crime are less than
18 years of age. The increase in both the number of youth below
the age of 15 and females arrested for violent crime is cause
for concern.
``(2) This problem should be addressed through a 2-track
common sense approach that addresses the needs of individual
juveniles and society at large by promoting--
``(A) quality prevention programs that--
``(i) work with juveniles, their families,
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, 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.
``(b) Congress must act now to reform this program by focusing on
juvenile delinquency prevention programs, as well as programs that hold
juveniles accountable for their acts. Without true reform, the criminal
justice system will not be able to overcome the challenges it will face
in the coming years when the number of juveniles is expected to
increase by 30 percent.''.
SEC. 3. PURPOSE.
Section 102 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5602) is amended to read as follows:
``purposes
``Sec. 102. The purposes of this title and title II 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.''.
SEC. 4. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (3) by striking ``to help prevent juvenile
delinquency'' and inserting ``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'',
(2) in paragraph (4) by inserting ``title I of'' before
``the Omnibus'' each place it appears,
(3) in paragraph (7) by striking ``the Trust Territory of
the Pacific Islands,'',
(4) in paragraph (9) by striking ``justice'' and inserting
``crime control'',
(5) in paragraph (12)(B) by striking ``, of any
nonoffender,'',
(6) in paragraph (13)(B) by striking ``, any non-
offender,'',
(7) in paragraph (14) by inserting ``drug trafficking,''
after ``assault,'',
(8) in paragraph (16)--
(A) in subparagraph (A) by adding ``and'' at the
end, and
(B) by striking subparagraph (C),
(9) by striking paragraph (17),
(10) in paragraph (22)--
(A) by redesignating subparagraphs (i), (ii), and
(iii) as subparagraphs (A), (B), and (C), respectively,
and
(B) by striking ``and'' at the end,
(11) in paragraph (23) by striking the period at the end
and inserting a semicolon,
(12) by redesignating paragraphs (18), (19), (20), (21),
(22), and (22) as paragraphs (17) through (22), respectively,
and
(13) by adding at the end the following:
``(23) the term `boot camp' means a residential facility
(excluding a private residence) at which there are provided--
``(A) a highly regimented schedule of discipline,
physical training, work, drill, and ceremony
characteristic of military basic training.
``(B) regular, remedial, special, and vocational
education; and
``(C) counseling and treatment for substance abuse
and other health and mental health problems;
``(24) the term `graduated sanctions' means an
accountability-based, graduated series of sanctions (including
incentives 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 `prohibited physical contact' means--
``(i) any physical contact between a
juvenile and an adult inmate; and
``(ii) proximity that provides an
opportunity for physical contact between a
juvenile and an adult inmate;
``(26) 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;
``(27) the term `co-located 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
``(28) 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.''.
SEC. 5. NAME OF OFFICE.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended--
(1) by amending the heading of part A to read as follows:
``Part A--Office of Juvenile Crime Control and Delinquency
Prevention'',
(2) in section 201(a) by striking ``Justice and Delinquency
Prevention'' and inserting ``Crime Control and Delinquency
Prevention'', and
(3) in subsections section 299A(c)(2) by striking ``Justice
and Delinquency Prevention'' and inserting ``Crime Control and
Delinquency Prevention''.
SEC. 6. CONCENTRATION OF FEDERAL EFFORT.
Section 204 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5614) is amended--
(1) in subsection (a)(1) by striking the last sentence,
(2) in subsection (b)--
(A) in paragraph (3) by striking ``and of the
prospective'' and all that follows through
``administered'',
(B) by striking paragraph (5), and
(C) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively,
(3) in subsection (c) by striking ``and reports'' and all
that follows through ``this part'', and inserting ``as may be
appropriate to prevent the duplication of efforts, and to
coordinate activities, related to the prevention of juvenile
delinquency'',
(4) by striking subsection (i), and
(5) by redesignating subsection (h) as subsection (f).
SEC. 7. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY
PREVENTION.
Section 206 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5616) is repealed.
SEC. 8. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5617) is amended--
(1) in paragraph (2)--
(A) by inserting ``and'' after ``priorities,'', and
(B) by striking ``, and recommendations of the
Council'',
(2) by striking paragraphs (4) and (5), and inserting the
following:
``(4) An evaluation of the programs funded under this title
and their effectiveness in reducing the incidence of juvenile
delinquency, particularly violent crime, committed by
juveniles.'', and
(3) by redesignating such section as section 206.
SEC. 9. ALLOCATION.
Section 222 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5632) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``amount, up to
$400,000,'' and inserting ``amount up
to $400,000'',
(II) by inserting a comma after
``1992'' the 1st place it appears,
(III) by striking ``the Trust
Territory of the Pacific Islands,'',
and
(IV) by striking ``amount, up to
$100,000,'' and inserting ``amount up
to $100,000'',
(ii) in subparagraph (B)--
(I) by striking ``(other than part
D)'',
(II) by striking ``or such greater
amount, up to $600,000'' and all that
follows through ``section 299(a) (1)
and (3)'',
(III) by striking ``the Trust
Territory of the Pacific Islands,'',
(IV) by striking ``amount, up to
$100,000,'' and inserting ``amount up
to $100,000'', and
(V) by inserting a comma after
``1992'',
(B) in paragraph (3) by striking ``allot'' and
inserting ``allocate'', and
(2) in subsection (b) by striking ``the Trust Territory of
the Pacific Islands,''.
SEC. 10. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)--
(A) in the 2nd sentence by striking ``challenge''
and all that follows through ``part E'', and inserting
``, projects, and activities'',
(B) in paragraph (3)--
(i) by striking ``, which--'' and inserting
``that--'',
(ii) in subparagraph (A)--
(I) by striking ``not less'' and
all that follows through ``33'', and
inserting ``the attorney general of the
State or such other State official who
has primary responsibility for
overseeing the enforcement of State
criminal laws, and'',
(II) by inserting ``, in
consultation with the attorney general
of the State or such other State
official who has primary responsibility
for overseeing the enforcement of State
criminal laws'' after ``State'',
(III) in clause (i) by striking
``or the administration of juvenile
justice'' and inserting ``, the
administration of juvenile justice, or
the reduction of juvenile
delinquency'',
(IV) in clause (ii) by striking
``include--'' and all that follows
through the semicolon at the end of
subclause (VIII), and inserting the
following:
``represent a multidisciplinary approach to
addressing juvenile delinquency and may
include--
``(I) individuals who represent
units of general local government, law
enforcement and juvenile justice
agencies, public agencies concerned
with the prevention and treatment of
juvenile delinquency and with the
adjudication of juveniles,
representatives of juveniles, or
nonprofit private organizations,
particularly such organizations that
serve juveniles; and
``(II) such other individuals as
the chief executive officer considers
to be appropriate; and'', and
(V) by striking clauses (iv) and
(v),
(iii) in subparagraph (C) by striking
``justice'' and inserting ``crime control'',
(iv) in subparagraph (D)--
(I) in clause (i) by inserting
``and'' at the end,
(II) in clause (ii) by striking
``paragraphs'' and all that follows
through ``part E'', and inserting
``paragraphs (11), (12), and (13)'',
and
(III) by striking clause (iii), and
(v) in subparagraph (E) by striking
``title--'' and all that follows through
``(ii)'' and inserting ``title,'',
(C) in paragraph (5)--
(i) in the matter preceding subparagraph
(A) by striking ``, other than'' and inserting
``reduced by the percentage (if any) specified
by the State under the authority of paragraph
(25) and excluding'' after ``section 222'', and
``(ii) in subparagraph (C) by striking
``paragraphs (12)(A), (13), and (14)'' and
inserting ``paragraphs (11), (12), and (13)'',
(D) by striking paragraph (6),
(E) in paragraph (7) by inserting ``, including in
rural areas'' before the semicolon at the end,
(F) in paragraph (8)--
(i) in subparagraph (A)--
(I) by striking ``for (i)'' and all
that follows through ``relevant
jurisdiction'', and inserting ``for an
analysis of juvenile delinquency
problems in, and the juvenile
delinquency control and delinquency
prevention needs (including educational
needs) of, the State'',
(II) by striking ``justice'' the
second place it appears and inserting
``crime control'', and
(III) by striking ``of the
jurisdiction; (ii)'' and all that
follows through the semicolon at the
end, and inserting ``of the State;
and'',
(ii) by amending subparagraph (B) to read
as follows:
``(B) contain--
``(i) a plan for providing needed 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 services;'', and
(iii) by striking subparagraphs (C) and
(D),
(G) by amending paragraph (9) to read as follows:
``(9) provide for the coordination and maximum utilization
of 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;'',
(H) in paragraph (10)--
(i) in subparagraph (A)--
(I) by striking ``, specifically''
and inserting ``including'',
(II) by striking clause (i), and
(III) redesignating clauses (ii)
and (iii) as clauses (i) and (ii),
respectively,
(ii) in subparagraph (C) by striking
``juvenile justice'' and inserting ``juvenile
crime control'',
(iii) by amending subparagraph (D) to read
as follows:
``(D) programs that provide treatment to juvenile
offenders who are victims of child abuse or neglect,
and to their families, in order to reduce the
likelihood that such juvenile offenders will commit
subsequent violations of law;'',
(iv) in subparagraph (E)--
(I) by redesignating clause (ii) as
clause (iii), and
(II) by striking ``juveniles,
provided'' and all that follows through
``provides; and'', and inserting the
following:
``juveniles--
``(i) to encourage juveniles to remain in
elementary and secondary schools or in
alternative learning situations;
``(ii) to provide services to assist
juveniles in making the transition to the world
of work and self-sufficiency; and'',
(v) by amending subparagraph (F) to read as
follows:
``(F) expanding 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;'',
(vi) by amending subparagraph (G) to read
as follows:
``(G) one-on-one mentoring programs that are
designed to link at-risk juveniles and juvenile
offenders, particularly juveniles residing in high-
crime areas and juveniles experiencing educational
failure, with responsible adults (such as law
enforcement officers, adults working with local
businesses, and adults working with community-based
organizations and agencies) who are properly screened
and trained;'',
(vii) in subparagraph (H) by striking
``handicapped youth'' and inserting ``juveniles
with disabilities'',
(viii) by amending subparagraph (K) to read
as follows:
``(K) boot camps for juvenile offenders;'',
(ix) by amending subparagraph (L) to read
as follows:
``(L) community-based programs and services to work
with juveniles, their parents, and other family members
during and after incarceration in order to strengthen
families so that such juveniles may be retained in
their homes;'',
(x) by amending subparagraph (N) to read as
follows:
``(N) establishing policies and systems to
incorporate relevant child protective services records
into juvenile justice records for purposes of
establishing treatment plans for juvenile offenders;'',
(xi) in subparagraph (O)--
(I) in striking ``cultural'' and
inserting ``other'', and
(II) by striking the period at the
end and inserting a semicolon, and
(xii) by adding at the end the following:
``(P) programs designed to prevent and to reduce
hate crimes committed by juveniles; and
``(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.'',
(I) by amending paragraph (12) to read as follows:
``(12) 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;'',
(J) by amending paragraph (13) to read as follows:
``(13) 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 prohibited physical
contact or sustained oral communication 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;
(K) by amending paragraph (14) to read as follows:
``(14) provide that no juvenile will be detained or
confined in any jail or lockup for adults except--
``(A) 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;
``(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
prohibited physical contact or
sustained oral communication, with
adults incarcerated because such adults
have been convicted of a crime or are
awaiting trial on criminal charges; and
``(II) there is in effect in the
State a policy that requires
individuals who work with both such
juveniles and such adults in co-located
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;
``(C) juveniles who are accused of nonstatus
offenses and who are detained in a jail or lockup that
satisfies the requirements of subparagraph (B)(i) if--
``(i) such jail or lockup--
``(I) is located outside a
metropolitan statistical area (as
defined by the Office of Management and
Budget); and
``(II) has no existing acceptable
alternative placement available;
``(ii) a parent or other legal guardian (or
guardian ad litem) of the juvenile involved, in
consultation with the counsel representing the
juvenile, consents to detaining such juvenile
in accordance with this subparagraph and has
the right to revoke such consent at any time;
``(iii) the juvenile has counsel, and the
counsel representing such juvenile--
``(I) consults with the parents of
the juvenile to determine the
appropriate placement of the juvenile;
and
``(II) has an opportunity to
present the juvenile's position
regarding the detention involved to the
court before the court approves such
detention;;
``(iv) the court has an opportunity to hear
from the juvenile before court approval of such
placement; and
``(v) detaining such juvenile in accordance
with this subparagraph is--
``(I) approved in advance by a
court with competent jurisdiction that
has determined that such placement is
in the best interest of such juvenile;
``(II) required to be reviewed
periodically and in the presence of the
juvenile, at intervals of not more than
5 days (excluding Saturdays, Sundays,
and legal holidays), by such court for
the duration of detention; and
``(III) for a period preceding the
sentencing (if any) of such juvenile,
but not to exceed a 20-day period;'',
(L) in paragraph (15)--
(i) by striking ``paragraph (12)(A),
paragraph (13), and paragraph (14)'' and
inserting ``paragraphs (11), (12), and (13)'',
and
(ii) by striking ``paragraph (12)(A) and
paragraph (13)'' and inserting ``paragraphs
(11) and (12)'',
(M) in paragraph (16) by striking ``mentally,
emotionally, or physically handicapping conditions''
and inserting ``disability'',
(N) by amending paragraph (19) to read as follows:
``(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;'',
(O) in paragraph (22) by inserting before the
semicolon, the following:
``; and that the State will not expend funds to carry out a
program referred to in subparagraph (A), (B), or (C) of
paragraph (5) 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 such recipient to
the State agency'',
(P) by amending paragraph (23) to read as follows:
``(23) 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;'',
(Q) by amending paragraph (24) to read as follows:
``(24) provide that if a juvenile is taken into custody for
violating a valid court order issued for committing a status
offense--
``(A) an appropriate public agency shall be
promptly notified that such juvenile is held in custody
for violating such order;
``(B) not later than 24 hours during which such
juvenile is so held, an authorized representative of
such agency shall interview, in person, such juvenile;
and
``(C) not later than 48 hours during which such
juvenile is so held--
``(i) such representative shall submit an
assessment to the court that issued such order,
regarding the immediate needs of such juvenile;
and
``(ii) such court shall conduct a hearing
to determine--
``(I) whether there is reasonable
cause to believe that such juvenile
violated such order; and
``(II) the appropriate placement of
such juvenile pending disposition of
the violation alleged;'',
(R) in paragraph (25) by striking the period at the
end and inserting a semicolon,
(S) by redesignating paragraphs (7) through (25) as
paragraphs (6) through (24), respectively, and
(T) by adding at the end the following:
``(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, and
``(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.'', and
(2) by amending subsection (c) to read as follows:
``(c) If a State fails to comply with any of the applicable
requirements of paragraphs (11), (12), (13), and (23) of subsection (a)
in any fiscal year beginning after September 30, 2001, then the amount
allocated to such State for the subsequent fiscal year shall be reduced
by not to exceed 12.5 percent for each such paragraph with respect to
which the failure occurs, unless the Administrator determines that the
State--
``(1) has achieved substantial compliance with such
applicable requirements with respect to which the State was not
in compliance; and
``(2) has made, through appropriate executive or
legislative action, an unequivocal commitment to achieving full
compliance with such applicable requirements within a
reasonable time.'', and
(3) in subsection (d)--
(A) by striking ``allotment'' and inserting
``allocation'', and
(B) by striking ``subsection (a) (12)(A), (13),
(14) and (23)'' each place it appears and inserting
``paragraphs (11), (12), (13), and (23) of subsection
(a)''.
SEC. 11. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended--
(1) by striking parts C, D, E, F, G, and H,
(2) by striking the 1st part I,
(3) by redesignating the 2nd part I as part F, and
(4) by inserting after part B the following:
``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) one-on-one mentoring projects that are designed to
link at-risk juveniles and juvenile offenders who did not
commit serious crime, particularly juveniles residing in high-
crime areas and juveniles experiencing educational failure,
with responsible adults (such as law enforcement officers,
adults working with local businesses, and adults working for
community-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, 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; and
``(20) 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 support, 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 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 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.
``(5) 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 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 (14) of section 241 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 Crime
Control and Delinquency Prevention Act of 2001.''.
SEC. 12. RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part C, as
added by section 11, the following:
``PART D--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING
``SEC. 251. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION
DISSEMINATION
``(a) Research and Evaluation.--(1) The Administrator may--
``(A) plan and identify, after consultation with the
Director of the National Institute of Justice, the purposes and
goals of all agreements carried out with funds provided under
this subsection; and
``(B) make agreements with the National Institute of
Justice or, subject to the approval of the Assistant Attorney
General for the Office of Justice Programs, with another
Federal agency authorized by law to 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;
``(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;
``(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; and
``(ix) 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.
``(b) Statistical Analyses..--The Administrator may--
``(1) plan and identify, after consultation with the
Director of the Bureau of Justice Statistics, the purposes and
goals of all agreements carried out with funds provided under
this subsection; and
``(2) make agreements with the Bureau of Justice
Statistics, or subject to the approval of the Assistant
Attorney General for the Office of Justice Programs, with
another Federal agency authorized by law to 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) Competitive Selection Process.--The Administrator 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.
``SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.
``(a) Training.--The Administrator may--
``(1) 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) 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.
``(b) Technical Assistance.--The Administrator may--
``(1) develop and implement projects for the purpose of
providing technical assistance to representatives and personnel
of public and private agencies and organizations, including
practitioners in juvenile justice, law enforcement, courts
(including model juvenile and family courts), corrections,
schools, and related services, in the establishment,
implementation, and operation of programs, projects, and
activities for which financial assistance is provided under
this title; and
``(2) 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.
``(c) Training and Technical Assistance to Mental Health
Professionals and Law Enforcement Personnel.--The Administrator shall
provide training and technical assistance to mental health
professionals and law enforcement personnel (including public
defenders, police officers, probation officers, judges, parole
officials, and correctional officers) to address or to promote the
development, testing, or demonstration of promising or innovative
models (including model juvenile and family courts), programs, or
delivery systems that address the needs of juveniles who are alleged or
adjudicated delinquent and who, as a result of such status, are placed
in secure detention or confinement or in nonsecure residential
placements.''.
SEC. 13. DEMONSTRATION PROJECTS.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part D, as
added by section 12, the following:
``PART E--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW
INITIATIVES AND PROGRAMS
``SEC. 261. GRANTS AND PROJECTS.
``(a) Authority To Make Grants.--The Administrator may make grants
to and contracts with States, units of general local government, Indian
tribal governments, public and private agencies, organizations, and
individuals, or combinations thereof, to carry out projects for the
development, testing, and demonstration of promising initiatives and
programs for the prevention, control, or reduction of juvenile
delinquency. The Administrator shall ensure that, to the extent
reasonable and practicable, such grants are made to achieve an
equitable geographical distribution of such projects throughout the
United States.
``(b) Use of Grants.--A grant made under subsection (a) may be used
to pay all or part of the cost of the project for which such grant is
made.
``SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.
``The Administrator may make grants to and contracts with public
and private agencies, organizations, and individuals to provide
technical assistance to States, units of general local government,
Indian tribal governments, local private entities or agencies, or any
combination thereof, to carry out the projects for which grants are
made under section 261.
``SEC. 263. ELIGIBILITY.
``To be eligible to receive a grant made under this part, a public
or private agency, Indian tribal government, organization, institution,
individual, or combination thereof shall submit an application to the
Administrator at such time, in such form, and containing such
information as the Administrator may reasonably require by rule.
``SEC. 264. REPORTS.
``Recipients of grants made under this part shall submit to the
Administrator such reports as may be reasonably requested by the
Administrator to describe progress achieved in carrying the projects
for which such grants are made.''.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5671) is amended--
(1) by striking subsection (e), and
(2) by striking subsections (a), (b), and (c), and
inserting the following:
``(a) 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 2002, 2003,
2004, and 2005.
``(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.
``(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 2002, 2003, 2004, and 2005.
``(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 2002, 2003, 2004, and 2005.''.
SEC. 15. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5672) is amended--
(1) in subsection (d) by striking ``as are consistent with
the purpose of this Act'' and inserting ``only to the extent
necessary to ensure that there is compliance with the specific
requirements of this title or to respond to requests for
clarification and guidance relating to such compliance'', and
(2) by adding at the end the following:
``(e) If a State requires by law compliance with the requirements
described in paragraphs (11), (12), and (13) of section 223(a), then
for the period such law is in effect in such State such State shall be
rebuttably presumed to satisfy such requirements.''.
SEC. 16. USE OF FUNDS.
Section 299C of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5674) is amended--
(1) in subsection (a)--
(A) by striking ``may be used for'',
(B) in paragraph (1) by inserting ``may be used
for'' after ``(1)'', and
(C) by amending paragraph (2) to read as follows:
``(2) may not be used for the cost of construction of any
facility, except not more than 15 percent of the funds received
under this title by a State for a fiscal year may be used for
the purpose of renovating or replacing juvenile facilities.'',
(2) by striking subsection (b), and
(3) by redesignating subsection (c) as subsection (b).
SEC. 17. LIMITATION ON USE OF FUNDS.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 12, is amended adding at the end the following:
``SEC. 299F. LIMITATION ON USE OF FUNDS.
``None of the funds made available to carry out this title may be
used to advocate for, or support, the unsecured release of juveniles
who are charged with a violent crime.''.
SEC. 18. RULES OF CONSTRUCTION.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 12 and amended by section 17, is amended adding at the end the
following:
``SEC. 299G. RULES OF CONSTRUCTION.
``Nothing in this title or title I shall be construed--
``(1) to prevent financial assistance from being awarded
through grants under this title to any otherwise eligible
organization; or
``(2) to modify or affect any Federal or State law relating
to collective bargaining rights of employees.''.
SEC. 19. LEASING SURPLUS FEDERAL PROPERTY.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 12 and amended by sections 17 and 18, is amended adding at the
end the following:
``SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.
``The Administrator may receive surplus Federal property (including
facilities) and may lease such property to States and units of general
local government for use in or as facilities for juvenile offenders, or
for use in or as facilities for delinquency prevention and treatment
activities.''.
SEC. 20. ISSUANCE OF RULES.
Part F of title II or the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 12 and amended by sections 17, 18, and 19, is amended adding at
the end the following:
``SEC. 299I. ISSUANCE OF RULES.
``The Administrator shall issue rules to carry out this title,
including rules that establish procedures and methods for making grants
and contracts, and distributing funds available, to carry out this
title.''.
SEC. 21. CONTENT OF MATERIALS.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by
section 12 and amended by sections 17, 18, 19, and 20, is amended by
adding at the end the following:
``SEC. 299J. CONTENT OF MATERIALS.
``Materials produced, procured, or distributed both using funds
appropriated to carry out this Act and for the purpose of preventing
hate crimes that result in acts of physical violence, shall not
recommend or require any action that abridges or infringes upon the
constitutionally protected rights of free speech, religion, or equal
protection of juveniles or of their parents or legal guardians.''.
SEC. 22. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Technical Amendments.--The Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended--
(1) in section 202(b) by striking ``prescribed for GS-18 of
the General Schedule by section 5332'' and inserting ``payable
under section 5376'',
(2) in section 221(b)(2) by striking the last sentence,
(3) in section 299D by striking subsection (d), and
(4) by striking titles IV and V, as originally enacted by
Public Law 93-415 (88 Stat. 1132-1143).
(b) Conforming Amendments.--(1) Section 5315 of title 5 of the
United States Code is amended by striking ``Office of Juvenile Justice
and Delinquency Prevention'' and inserting ``Office of Juvenile Crime
Control and Delinquency Prevention''.
(2) Section 4351(b) of title 18 of the United States Code is
amended by striking ``Office of Juvenile Justice and Delinquency
Prevention'' and inserting ``Office of Juvenile Crime Control and
Delinquency Prevention''.
(3) Subsections (a)(1) and (c) of section 3220 of title 39 of the
United States Code is amended by striking ``Office of Juvenile Justice
and Delinquency Prevention'' each place it appears and inserting
``Office of Juvenile Crime Control and Delinquency Prevention''.
(4) Section 463(f) of the Social Security Act (42 U.S.C. 663(f)) is
amended by striking ``Office of Juvenile Justice and Delinquency
Prevention'' and inserting ``Office of Juvenile Crime Control and
Delinquency Prevention''.
(5) Sections 801(a), 804, 805, and 813 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712(a), 3782,
3785, 3786, 3789i) are amended by striking ``Office of Juvenile Justice
and Delinquency Prevention'' each place it appears and inserting
``Office of Juvenile Crime Control and Delinquency Prevention''.
(6) The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et
seq.) is amended--
(A) in section 214(b)(1) by striking ``262, 293, and 296 of
subpart II of title II'' and inserting ``299B and 299E'',
(B) in section 214A(c)(1) by striking ``262, 293, and 296
of subpart II of title II'' and inserting ``299B and 299E'',
(C) in section 217(c)(1) by striking ``sections 262, 293,
and 296 of subpart II of title II'' and inserting ``sections
299B and 299E'', and
(D) in sections 217 and 222 by striking ``Office of
Juvenile Justice and Delinquency Prevention'' each place it
appears and inserting ``Office of Juvenile Crime Control and
Delinquency Prevention'', and
(E) in section 223(c) by striking ``section 262, 293, and
296'' and inserting ``sections 262, 299B, and 299E''.
(7) The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.)
is amended--
(A) in section 403(2) by striking ``Justice and Delinquency
Prevention'' and inserting ``Crime Control and Delinquency
Prevention'', and
(B) in subsections (a)(5)(E) and (b)(1)(B) of section 404
by striking ``section 313'' and inserting ``section 331''.
SEC. 23. REFERENCES.
In any Federal law (excluding this Act and the Acts amended by this
Act), Executive order, rule, regulation, order, delegation of
authority, grant, contract, suit, or document--
(1) a reference to the Office of Juvenile Justice and
Delinquency Prevention shall be deemed to include a reference
to the Office of Juvenile Crime Control and Delinquency
Prevention, and
(2) a reference to the National Institute for Juvenile
Justice and Delinquency Prevention shall be deemed to include a
reference to Office of Juvenile Crime Control and Delinquency
Prevention.
SEC. 24. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply only with respect to fiscal years beginning after September
30, 2001.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Select Education.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 41 - 2.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 107-203.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 107-203.
Placed on the Union Calendar, Calendar No. 120.
Mr. Greenwood moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H5750-5764)
DEBATE - The House proceeded with forty minutes of debate on H.R. 1900.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5750-5757)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5750-5757)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.