Juvenile Justice Reform Act of 2017
TITLE I--DECLARATION OF FINDINGS, PURPOSE, AND DEFINITIONS
(Sec. 101) The bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to revise an existing purpose area. Specifically, it requires the Department of Justice (DOJ) Office of Juvenile Justice and Delinquency Prevention (OJJDP), in disseminating information on juvenile delinquency prevention programs, to promote evidence-based programs and practices.
It also adds, as a new purpose area, support for a continuum of evidence-based or promising programs that are trauma-informed, reflect the science of adolescent development, and are designed to meet the needs of at-risk youth who come into contact with the juvenile justice system.
TITLE II--CHARLES GRASSLEY JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM
(Sec. 201) The bill requires the OJJDP, in developing objectives, priorities, strategies, and long-term plans, to take into account scientific knowledge regarding: (1) adolescent development and behavior, and (2) the effects of delinquency prevention programs and juvenile justice interventions on adolescents.
The OJJDP, in consultation with Indian tribes with a criminal justice function, must develop a policy to implement the provisions of this bill relating to Indian tribes.
(Sec. 202) It expands membership on the Coordinating Council on Juvenile Justice and Delinquency Prevention (Coordinating Council) to include the Assistant Secretary for Mental Health and Substance Use and the Secretary of the Interior.
(Sec. 203) This section modifies requirements for the OJJDP annual report on juveniles in custody. Specifically, it adds ethnicity to the list of offender characteristics and expands the categories of information that must be summarized and analyzed. It adds requirements for the annual report to describe criteria used to determine what programs qualify as evidence-based and promising programs and funding provided to Indian tribes; and to analyze and evaluate the OJJDP internal controls and the total amount of payments recouped from grantees that violate the OJJDP policies and procedures.
(Sec. 204) It increases from 2% to 5% the maximum amount of Formula Grant funds that may be used to provide technical assistance to states in complying with the core requirements and implementing a juvenile justice and delinquency plan.
It increases each state's minimum allocation under the population-based Formula Grant program from $325,000 to $400,000 if the title II appropriation is less than $75 million in a fiscal year. A state's relative population of individuals under 18 years of age must be based on the most recent Census Bureau data.
The 10% maximum amount of a state's Formula Grant allocation that can be used for planning and administration includes designation of at least one individual to coordinate and certify compliance with the core requirements.
(Sec. 205) This section modifies the required components of a state's juvenile justice and delinquency plan.
A state's annual update to the three-year plan must describe how the plan is supported by or takes account of scientific knowledge regarding adolescent development and behavior and regarding the effects of prevention programs and juvenile justice interventions. A state must post its plan or amended plan on a publicly accessible website.
The bill modifies State Advisory Group membership qualifications to include representatives of public agencies that prevent or treat mental health, substance abuse, or disabilities in adolescents; and individuals who represent victim or witness advocacy groups. It also increases from 24 years to 28 years the maximum age of youth members at the time of appointment.
It eliminates the requirement for an eligible Indian tribe to perform law enforcement functions.
A state's juvenile justice and delinquency plan must contain additional components, including plans to: provide alternatives to detention, reduce children in secure detention and corrections facilities, engage family members, use community-based services, promote evidence-based and trauma-informed programs and practices, and limit the use of restraints on pregnant juvenile offenders.
The bill modifies program areas under the Formula Grant program. It revises existing program areas to specify that: (1) alternatives to detention programs include programs for active or former gang members; (2) educational programs and support services include projects to prevent and reduce truancy; and (3) the scope of juveniles served by mentoring, counseling, and training programs includes juveniles whose parent or guardian is incarcerated in a tribal facility.
It adds new program areas to expand access to legal counsel, to inform juveniles of the opportunity and process for expunging juvenile records, to address the needs of at-risk girls, and to monitor compliance and provide technical assistance with the core requirements. The bill prioritizes funding for entities that meet the criteria for evidence-based or promising programs.
The bill modifies the core requirements with which a state must comply to receive a full allocation of funds under the Formula Grant program.
First, it revises the deinstitutionalization of status offenders core requirement, which prohibits the secure detention or confinement of a juvenile who commits a status offense (i.e., an offense that would not be a crime if committed by an adult). Specifically, use of the valid court order exception to securely detain or confine a juvenile status offender must comply with additional requirements, such as issuance of a court order and a seven-day maximum length of detention.
Second, it modifies the separation and jail removal core requirements to specify that sight or sound contact is the level of contact prohibited between juveniles and adults. Sight or sound contact means any physical, clear visual, or verbal contact that is not brief or inadvertent.
Third, it revises the disproportionate minority contact requirement to require a state to implement policy, practice, and system improvement strategies to identify and reduce racial and ethnic disparities among youth who come into contact with the juvenile justice system. It retains the prohibition against using numerical standards or quotas.
A state must provide for an effective (previously, adequate) system of monitoring compliance with the core requirements.
The OJJDP must annually conduct, and publish the results of, a compliance determination for each state that participates in the Formula Grant program.
(Sec. 206) The bill repeals the Juvenile Delinquency Prevention Block Grant program.
(Sec. 207) This section requires (currently, authorizes) the OJJDP to annually publish a plan to identify (currently, plan and identify) the purposes and goals of funded initiatives to research and evaluate juvenile justice matters. It revises and expands the list of juvenile justice matters initiatives.
The OJJDP must study the coordination of services and treatment between the juvenile justice and child welfare systems. It must describe best practices in discharge planning and assess post-confinement living arrangements of juveniles who cannot return home.
This bill directs (currently, authorizes) the OJJDP to analyze juvenile justice statistics.
The OJJDP must, with respect to juvenile recidivism data, establish a uniform collection method, establish a common measurement system, and publish cumulative data collected by states.
(Sec. 208) It requires (currently, permits) the OJJDP to provide training, technical assistance, and information dissemination.
It adds requirements for the OJJDP to provide: training to states to implement the JJDPA core requirements, current protocols and best practices for achieving monitoring compliance, and information sharing regarding evidence-based and promising programs or practices.
It adds requirements for the OJJDP to provide technical assistance to state and local governments to comply with amendments to the core requirements and state plans; and to improve recruitment, selection, training, and retention of juvenile justice professionals.
The OJJDP must disseminate best practices for the treatment of status offenders.
Finally, the OJJDP must disseminate best practices regarding legal representation of children; coordinate training and technical assistance programs for local and state juvenile detention and corrections personnel; provide training and technical assistance to relevant decision makers with respect to appropriate services and placement for youth with mental health or substance abuse needs; and provide training and technical assistance to enhance the capacity of courts, judges, and judicial personnel.
(Sec. 209) The OJJDP must, in developing guidance and procedures, consult state and local governments. It must ensure that requests for reports, compliance reports, state plan requirements, and other documentation respect confidentiality, encourage efficiency, and reduce duplication of reporting efforts.
TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
(Sec. 301) The bill revises the short title of title V of the JJDPA.
(Sec. 302) It adds definitions for the following terms: at-risk, eligible entity, delinquency prevention program, local policy board, mentoring, and state entity.
(Sec. 303) It eliminates the explicit requirement for the OJJDP to issue rules to carry out title V of the JJDPA.
(Sec. 304) This section revises the Incentive Grants for Local Delinquency Prevention Programs:
(Sec. 305) The bill creates a new section and moves, to that section, the statutory authority for grants for tribal delinquency prevention and response programs. Of the amount available for programs under title V of the JJDPA, 11% is reserved for tribal delinquency prevention and response program grants.
(Sec. 306) The Government Accountability Office must evaluate the outcomes and results of delinquency prevention programs implemented by subgrantees.
TITLE IV--MISCELLANEOUS PROVISIONS
(Sec. 401) The Government Accountability Office must evaluate OJJDP performance and audit selected grant recipients.
(Sec. 402) This section amends the JJDPA to add a new title:
The bill reauthorizes through FY2023 programs and activities: (1) under title II of the JJDPA, including the State Formula Grants program and the Challenge Grants program; and (2) under title V of the JJDPA, including the Incentive Grants for Local Delinquency Prevention Program.
Additionally, it reauthorizes through FY2020 programs and activities: (1) for missing and exploited children, under title IV of the JJDPA; and (2) for runaway and homeless youth, under title III of the JJDPA.
[115th Congress Public Law 385]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 5123]]
Public Law 115-385
115th Congress
An Act
To reauthorize and improve the Juvenile Justice and Delinquency
Prevention Act of 1974, and for other purposes. <<NOTE: Dec. 21,
2018 - [H.R. 6964]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Juvenile Justice
Reform Act of 2018. 34 USC 10101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Justice Reform Act of
2018''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Application of amendments.
TITLE I--DECLARATION OF PURPOSE AND DEFINITIONS
Sec. 101. Purposes.
Sec. 102. Definitions.
TITLE II--CHARLES GRASSLEY JUVENILE JUSTICE AND DELINQUENCY PREVENTION
PROGRAM
Sec. 201. Concentration of Federal efforts.
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 203. Annual report.
Sec. 204. Allocation of funds.
Sec. 205. State plans.
Sec. 206. Repeal of juvenile delinquency prevention block grant program.
Sec. 207. Research and evaluation; statistical analyses; information
dissemination.
Sec. 208. Training and technical assistance.
Sec. 209. Administrative authority.
TITLE III--INCENTIVE GRANTS FOR PRISON REDUCTION THROUGH OPPORTUNITIES,
MENTORING, INTERVENTION, SUPPORT, AND EDUCATION
Sec. 301. Short Title.
Sec. 302. Definitions.
Sec. 303. Duties and functions of the administrator.
Sec. 304. Grants for delinquency prevention programs.
Sec. 305. Grants for tribal delinquency prevention and response
programs.
Sec. 306. Evaluation by Government Accountability Office.
Sec. 307. Technical amendment.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Evaluation by Government Accountability Office.
Sec. 402. Authorization of appropriations; accountability and oversight.
SEC. 3. <<NOTE: 34 USC 11102 note.>> APPLICATION OF AMENDMENTS.
The amendments made by this Act shall not apply with respect to
funds appropriated for any fiscal year that begins before the date of
the enactment of this Act.
[[Page 132 STAT. 5124]]
TITLE I--DECLARATION OF PURPOSE AND DEFINITIONS
SEC. 101. PURPOSES.
Section 102 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (34 U.S.C. 11102) is amended--
(1) in paragraph (1), by inserting ``, tribal,'' after
``State'';
(2) in paragraph (2)--
(A) by inserting ``, tribal,'' after ``State''; and
(B) by striking ``and'' at the end;
(3) by amending paragraph (3) to read as follows:
``(3) to assist State, tribal, and local governments in
addressing juvenile crime through the provision of technical
assistance, research, training, evaluation, and the
dissemination of current and relevant information on effective
and evidence-based programs and practices for combating juvenile
delinquency; and''; and
(4) by adding at the end the following:
``(4) to support a continuum of evidence-based or promising
programs (including delinquency prevention, intervention, mental
health, behavioral health and substance abuse treatment, family
services, and services for children exposed to violence) that
are trauma informed, reflect the science of adolescent
development, and are designed to meet the needs of at-risk youth
and youth who come into contact with the justice system.''.
SEC. 102. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (34 U.S.C. 11103) is amended--
(1) in paragraph (8)--
(A) in subparagraph (B)(ii), by adding ``or'' at the
end;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as
subparagraph (C);
(2) in paragraph (18)--
(A) by inserting ``for purposes of title II,''
before ``the term''; and
(B) by adding at the end the
following: <<NOTE: Determination. Consultation.>>
``that has a law enforcement function, as determined by the
Secretary of the Interior in consultation with the Attorney
General;'';
(3) by amending paragraph (22) to read as follows:
``(22) the term `jail or lockup for adults' means a secure
facility that is used by a State, unit of local government, or
law enforcement authority to detain or confine adult inmates;'';
(4) by amending paragraph (25) to read as follows:
``(25) the term `sight or sound contact' means any physical,
clear visual, or verbal contact that is not brief and
inadvertent;'';
(5) by amending paragraph (26) to read as follows:
``(26) the term `adult inmate'--
``(A) means an individual who--
``(i) has reached the age of full criminal
responsibility under applicable State law; and
[[Page 132 STAT. 5125]]
``(ii) has been arrested and is in custody for
or awaiting trial on a criminal charge, or is
convicted of a criminal offense; and
``(B) does not include an individual who--
``(i) at the time of the offense, was younger
than the maximum age at which a youth can be held
in a juvenile facility under applicable State law;
and
``(ii) was committed to the care and custody
or supervision, including post-placement or parole
supervision, of a juvenile correctional agency by
a court of competent jurisdiction or by operation
of applicable State law;'';
(6) in paragraph (28), by striking ``and'' at the end;
(7) in paragraph (29), by striking the period at the end and
inserting a semicolon; and
(8) by adding at the end the following:
``(30) the term `core requirements'--
``(A) means the requirements described in paragraphs
(11), (12), (13), and (15) of section 223(a); and
``(B) does not include the data collection
requirements described in subparagraphs (A) through (K)
of section 207(1);
``(31) the term `chemical agent' means a spray or injection
used to temporarily incapacitate a person, including oleoresin
capsicum spray, tear gas, and 2-chlorobenzalmalononitrile gas;
``(32) the term `isolation'--
``(A) means any instance in which a youth is
confined alone for more than 15 minutes in a room or
cell; and
``(B) does not include--
``(i) confinement during regularly scheduled
sleeping hours;
``(ii) separation based on a treatment program
approved by a licensed medical or mental health
professional;
``(iii) confinement or separation that is
requested by the youth; or
``(iv) the separation of the youth from a
group in a nonlocked setting for the limited
purpose of calming;
``(33) the term `restraints' has the meaning given that term
in section 591 of the Public Health Service Act (42 U.S.C.
290ii);
``(34) the term `evidence-based' means a program or practice
that--
``(A) is demonstrated to be effective when
implemented with fidelity;
``(B) is based on a clearly articulated and
empirically supported theory;
``(C) has measurable outcomes relevant to juvenile
justice, including a detailed description of the
outcomes produced in a particular population, whether
urban or rural; and
``(D) has been scientifically tested and proven
effective through randomized control studies or
comparison group studies and with the ability to
replicate and scale;
``(35) the term `promising' means a program or practice
that--
[[Page 132 STAT. 5126]]
``(A) is demonstrated to be effective based on
positive outcomes relevant to juvenile justice from one
or more objective, independent, and scientifically valid
evaluations, as documented in writing to the
Administrator; and
``(B) will be evaluated through a well-designed and
rigorous study, as described in paragraph (34)(D);
``(36) the term `dangerous practice' means an act,
procedure, or program that creates an unreasonable risk of
physical injury, pain, or psychological harm to a juvenile
subjected to the act, procedure, or program;
``(37) the term `screening' means a brief process--
``(A) designed to identify youth who may have mental
health, behavioral health, substance abuse, or other
needs requiring immediate attention, intervention, and
further evaluation; and
``(B) the purpose of which is to quickly identify a
youth with possible mental health, behavioral health,
substance abuse, or other needs in need of further
assessment;
``(38) the term `assessment' includes, at a minimum, an
interview and review of available records and other pertinent
information--
``(A) by an appropriately trained professional who
is licensed or certified by the applicable State in the
mental health, behavioral health, or substance abuse
fields; and
``(B) which is designed to identify significant
mental health, behavioral health, or substance abuse
treatment needs to be addressed during a youth's
confinement;
``(39) for purposes of section 223(a)(15), the term
`contact' means the points at which a youth and the juvenile
justice system or criminal justice system officially intersect,
including interactions with a juvenile justice, juvenile court,
or law enforcement official;
``(40) the term `trauma-informed' means--
``(A) understanding the impact that exposure to
violence and trauma have on a youth's physical,
psychological, and psychosocial development;
``(B) recognizing when a youth has been exposed to
violence and trauma and is in need of help to recover
from the adverse impacts of trauma; and
``(C) responding in ways that resist
retraumatization;
``(41) the term `racial and ethnic disparity' means minority
youth populations are involved at a decision point in the
juvenile justice system at disproportionately higher rates than
non-minority youth at that decision point;
``(42) the term `status offender' means a juvenile who is
charged with or who has committed an offense that would not be
criminal if committed by an adult;
``(43) the term `rural' means an area that is not located in
a metropolitan statistical area, as defined by the Office of
Management and Budget;
``(44) the term `internal controls' means a process
implemented to provide reasonable assurance regarding the
achievement of objectives in--
``(A) effectiveness and efficiency of operations,
such as grant management practices;
``(B) reliability of reporting for internal and
external use; and
[[Page 132 STAT. 5127]]
``(C) compliance with applicable laws and
regulations, as well as recommendations of the Office of
Inspector General and the Government Accountability
Office; and
``(45) the term `tribal government' means the governing body
of an Indian Tribe.''.
TITLE II--CHARLES GRASSLEY JUVENILE JUSTICE AND DELINQUENCY PREVENTION
PROGRAM
SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.
Section 204 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (34 U.S.C. 11114) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the first sentence--
(i) by striking ``a long-term plan, and
implement'' and inserting the following: ``a long-
term plan to improve the juvenile justice system
in the United States, taking into account
scientific knowledge regarding adolescent
development and behavior and regarding the effects
of delinquency prevention programs and juvenile
justice interventions on adolescents, and shall
implement''; and
(ii) by striking ``research, and improvement
of the juvenile justice system in the United
States'' and inserting ``and research''; and
(B) <<NOTE: Time period.>> in paragraph (2)(B), by
striking ``Federal Register'' and all that follows and
inserting ``Federal Register during the 30-day period
ending on October 1 of each year.''; and
(2) in subsection (b)--
(A) by striking paragraph (7);
(B) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively;
(C) by inserting after paragraph (4), the following:
``(5) <<NOTE: Deadline. Consultation. Policy.>> not later
than 1 year after the date of enactment of the Juvenile Justice
Reform Act of 2018, in consultation with Indian Tribes, develop
a policy for the Office of Juvenile Justice and Delinquency
Prevention to collaborate with representatives of Indian Tribes
with a criminal justice function on the implementation of the
provisions of this Act relating to Indian Tribes;'';
(D) in paragraph (6), as so redesignated, by adding
``and'' at the end; and
(E) in paragraph (7), as so redesignated--
(i) by striking ``monitoring'';
(ii) by striking ``section 223(a)(15)'' and
inserting ``section 223(a)(14)''; and
(iii) by striking ``to review the adequacy of
such systems; and'' and inserting ``for monitoring
compliance.''.
[[Page 132 STAT. 5128]]
SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY
PREVENTION.
Section 206 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (34 U.S.C. 11116) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``the Assistant Secretary for
Mental Health and Substance Use, the Secretary of
the Interior,'' after ``the Secretary of Health
and Human Services,''; and
(ii) by striking ``Commissioner of Immigration
and Naturalization'' and inserting ``Assistant
Secretary for Immigration and Customs
Enforcement''; and
(B) in paragraph (2), by striking ``United States''
and inserting ``Federal Government''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``paragraphs
(12)(A), (13), and (14) of section 223(a) of this
title'' and inserting ``the core requirements''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by inserting ``, on an annual basis'' after
``collectively''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) <<NOTE: Deadline. Reports.>> not later than
120 days after the completion of the last meeting of the
Council during any fiscal year, submit to the Committee
on Education and the Workforce of the House of
Representatives and the Committee on the Judiciary of
the Senate a report that--
``(i) <<NOTE: Recommenda- tions.>> contains
the recommendations described in subparagraph (A);
``(ii) includes a detailed account of the
activities conducted by the Council during the
fiscal year, including a complete detailed
accounting of expenses incurred by the Council to
conduct operations in accordance with this
section;
``(iii) <<NOTE: Web posting.>> is published
on the websites of the Office of Juvenile Justice
and Delinquency Prevention, the Council, and the
Department of Justice; and
``(iv) is in addition to the annual report
required under section 207.''.
SEC. 203. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (34 U.S.C. 11117) is amended--
(1) in the matter preceding paragraph (1), by striking ``a
fiscal year'' and inserting ``each fiscal year'';
(2) in paragraph (1)--
(A) in subparagraph (B), by striking ``and gender''
and inserting ``, gender, and ethnicity, as such term is
defined by the Bureau of the Census,'';
(B) in subparagraph (E), by striking ``and'' at the
end;
(C) in subparagraph (F)--
(i) by inserting ``and other'' before
``disabilities,''; and
[[Page 132 STAT. 5129]]
(ii) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(G) <<NOTE: Summary.>> a summary of data from 1
month of the applicable fiscal year of the use of
restraints and isolation upon juveniles held in the
custody of secure detention and correctional facilities
operated by a State or unit of local government;
``(H) the number of status offense cases petitioned
to court, number of status offenders held in secure
detention, the findings used to justify the use of
secure detention, and the average period of time a
status offender was held in secure detention;
``(I) the number of juveniles released from custody
and the type of living arrangement to which they are
released;
``(J) the number of juveniles whose offense
originated on school grounds, during school-sponsored
off-campus activities, or due to a referral by a school
official, as collected and reported by the Department of
Education or similar State educational agency; and
``(K) the number of juveniles in the custody of
secure detention and correctional facilities operated by
a State or unit of local or tribal government who report
being pregnant.''; and
(3) by adding at the end the following:
``(5) <<NOTE: Criteria. Lists.>> A description of the
criteria used to determine what programs qualify as evidence-
based and promising programs under this title and title V and a
comprehensive list of those programs the Administrator has
determined meet such criteria in both rural and urban areas.
``(6) A description of funding provided to Indian Tribes
under this Act or for a juvenile delinquency or prevention
program under the Tribal Law and Order Act of 2010 (Public Law
111-211; 124 Stat. 2261), including direct Federal grants and
funding provided to Indian Tribes through a State or unit of
local government.
``(7) <<NOTE: Analysis. Evaluation.>> An analysis and
evaluation of the internal controls at the Office of Juvenile
Justice and Delinquency Prevention to determine if grantees are
following the requirements of the Office of Juvenile Justice and
Delinquency Prevention grant programs and what remedial action
the Office of Juvenile Justice and Delinquency Prevention has
taken to recover any grant funds that are expended in violation
of the grant programs, including instances--
``(A) in which supporting documentation was not
provided for cost reports;
``(B) where unauthorized expenditures occurred; or
``(C) where subrecipients of grant funds were not
compliant with program requirements.
``(8) <<NOTE: Analysis. Evaluation.>> An analysis and
evaluation of the total amount of payments made to grantees that
the Office of Juvenile Justice and Delinquency Prevention
recouped from grantees that were found to be in violation of
policies and procedures of the Office of Juvenile Justice and
Delinquency Prevention grant programs, including--
``(A) the full name and location of the grantee;
``(B) the violation of the program found;
[[Page 132 STAT. 5130]]
``(C) the amount of funds sought to be recouped by
the Office of Juvenile Justice and Delinquency
Prevention; and
``(D) the actual amount recouped by the Office of
Juvenile Justice and Delinquency Prevention.''.
SEC. 204. ALLOCATION OF FUNDS.
(a) Technical Assistance.--Section 221(b)(1) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (34 U.S.C. 11131(b)(1)) is
amended by striking ``2 percent'' and inserting ``5 percent''.
(b) Other Allocations.--Section 222 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11132) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``age eighteen''
and inserting ``18 years of age, based on the most
recent data available from the Bureau of the Census'';
and
(B) by striking paragraphs (2) and (3) and inserting
the following:
``(2)(A) If the aggregate amount appropriated for a fiscal year to
carry out this title is less than $75,000,000, then--
``(i) the amount allocated to each State other than a State
described in clause (ii) for that fiscal year shall be not less
than $400,000; and
``(ii) the amount allocated to the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands for that fiscal year shall be not less
than $75,000.
``(B) If the aggregate amount appropriated for a fiscal year to
carry out this title is not less than $75,000,000, then--
``(i) the amount allocated to each State other than a State
described in clause (ii) for that fiscal year shall be not less
than $600,000; and
``(ii) the amount allocated to the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands for that fiscal year shall be not less
than $100,000.'';
(2) <<NOTE: Coordination. Certification.>> in subsection
(c), by striking ``efficient administration, including
monitoring, evaluation, and one full-time staff position'' and
inserting ``effective and efficient administration of funds,
including the designation of not less than one individual who
shall coordinate efforts to achieve and sustain compliance with
the core requirements and certify whether the State is in
compliance with such requirements''; and
(3) in subsection (d), by striking ``5 per centum of the
minimum'' and inserting ``not more than 5 percent of the''.
(c) Charles Grassley Juvenile Justice and Delinquency Prevention
Program.--Part B of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11131 et seq.) is amended--
(1) in the part heading, by striking ``Federal Assistance
for State and Local Programs'' and inserting ``Charles Grassley
Juvenile Justice and Delinquency Prevention Program''; and
(2) by inserting before section 221 the following:
[[Page 132 STAT. 5131]]
``short title
``Sec. <<NOTE: 34 USC 10101 note.>> 220. This part may be cited as
the `Charles Grassley Juvenile Justice and Delinquency Prevention
Program'.''.
SEC. 205. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (34 U.S.C. 11133) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``and shall describe the status of compliance
with State plan requirements.'' and inserting ``and
shall describe how the State plan is supported by or
takes account of scientific knowledge regarding
adolescent development and behavior and regarding the
effects of delinquency prevention programs and juvenile
justice interventions on adolescents. Not
later <<NOTE: Deadline. Public information. Web
posting.>> than 60 days after the date on which a plan
or amended plan submitted under this subsection is
finalized, a State shall make the plan or amended plan
publicly available by posting the plan or amended plan
on the State's publicly available website.'';
(B) in paragraph (1), by striking ``described in
section 299(c)(1)'' and inserting ``as designated by the
chief executive officer of the State'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting
``adolescent development,'' after
``concerning'';
(II) in clause (ii)--
(aa) in subclause (III), by
striking ``mental health,
education, special education''
and inserting ``child and
adolescent mental health,
education, child and adolescent
substance abuse, special
education, services for youth
with disabilities'';
(bb) in subclause (V), by
striking ``delinquents or
potential delinquents'' and
inserting ``delinquent youth or
youth at risk of delinquency'';
(cc) in subclause (VI), by
striking ``youth workers
involved with'' and inserting
``representatives of'';
(dd) in subclause (VII), by
striking ``and'' at the end;
(ee) by striking subclause
(VIII) and inserting the
following:
``(VIII) persons, licensed or
certified by the applicable State, with
expertise and competence in preventing
and addressing mental health and
substance abuse needs in delinquent
youth and youth at risk of delinquency;
``(IX) representatives of victim or
witness advocacy groups, including at
least one individual with expertise in
addressing the challenges of sexual
abuse and exploitation and trauma,
particularly the needs of youth who
experience disproportionate levels of
sexual abuse, exploitation, and
[[Page 132 STAT. 5132]]
trauma before entering the juvenile
justice system; and
``(X) for a State in which one or
more Indian Tribes are located, an
Indian tribal representative (if such
representative is available) or other
individual with significant expertise in
tribal law enforcement and juvenile
justice in Indian tribal communities;'';
(III) in clause (iv), by striking
``24 at the time of appointment'' and
inserting ``28 at the time of initial
appointment''; and
(IV) in clause (v) by inserting
``or, if not feasible and in appropriate
circumstances, who is the parent or
guardian of someone who has been or is
currently under the jurisdiction of the
juvenile justice system'' after
``juvenile justice system'';
(ii) in subparagraph (C), by striking ``30
days'' and inserting ``45 days'';
(iii) in subparagraph (D)--
(I) in clause (i), by striking
``and'' at the end; and
(II) in clause (ii), by striking
``at least annually recommendations
regarding State compliance with the
requirements of paragraphs (11), (12),
and (13)'' and inserting ``at least
every 2 years a report and necessary
recommendations regarding State
compliance with the core requirements'';
and
(iv) in subparagraph (E)--
(I) in clause (i), by adding ``and''
at the end; and
(II) in clause (ii), by striking the
period at the end and inserting a
semicolon;
(D) in paragraph (5)(C), by striking ``Indian
tribes'' and all that follows through ``applicable to
the detention and confinement of juveniles'' and
inserting ``Indian Tribes that agree to attempt to
comply with the core requirements applicable to the
detention and confinement of juveniles'';
(E) in paragraph (7)--
(i) in subparagraph (A), by striking
``performs law enforcement functions'' and
inserting ``has jurisdiction''; and
(ii) in subparagraph (B)--
(I) in clause (iii), by striking
``and'' at the end; and
(II) by striking clause (iv) and
inserting the following:
``(iv) a plan to provide alternatives to
detention for status offenders, survivors of
commercial sexual exploitation, and others, where
appropriate, such as specialized or problem-
solving courts or diversion to home-based or
community-based services or treatment for those
youth in need of mental health, substance abuse,
or co-occurring disorder services at the time such
juveniles first come into contact with the
juvenile justice system;
[[Page 132 STAT. 5133]]
``(v) a plan to reduce the number of children
housed in secure detention and corrections
facilities who are awaiting placement in
residential treatment programs;
``(vi) a plan to engage family members, where
appropriate, in the design and delivery of
juvenile delinquency prevention and treatment
services, particularly post-placement;
``(vii) a plan to use community-based services
to respond to the needs of at-risk youth or youth
who have come into contact with the juvenile
justice system;
``(viii) a plan to promote evidence-based and
trauma-informed programs and practices; and
``(ix) <<NOTE: Deadlines.>> not later than 1
year after the date of enactment of the Juvenile
Justice Reform Act of 2018, a plan which shall be
implemented not later than 2 years after the date
of enactment of the Juvenile Justice Reform Act of
2018, to--
``(I) eliminate the use of
restraints of known pregnant juveniles
housed in secure juvenile detention and
correction facilities, during labor,
delivery, and post-partum recovery,
unless credible, reasonable grounds
exist to believe the detainee presents
an immediate and serious threat of
hurting herself, staff, or others; and
``(II) eliminate the use of
abdominal restraints, leg and ankle
restraints, wrist restraints behind the
back, and four-point restraints on known
pregnant juveniles, unless--
``(aa) credible, reasonable
grounds exist to believe the
detainee presents an immediate
and serious threat of hurting
herself, staff, or others; or
``(bb) reasonable grounds
exist to believe the detainee
presents an immediate and
credible risk of escape that
cannot be reasonably minimized
through any other method;'';
(F) in paragraph (8), by striking ``existing'' and
inserting ``evidence-based and promising'';
(G) in paragraph (9)--
(i) in the matter preceding subparagraph (A),
by inserting ``, with priority in funding given to
entities meeting the criteria for evidence-based
or promising programs'' after ``used for'';
(ii) in subparagraph (A)--
(I) in clause (i)--
(aa) by inserting ``status
offenders and other'' before
``youth who need''; and
(bb) by striking ``and'' at
the end;
(II) in clause (ii) by adding
``and'' at the end; and
(III) by inserting after clause (ii)
the following:
``(iii) for youth who need specialized
intensive and comprehensive services that address
the unique issues encountered by youth when they
become involved with gangs;'';
(iii) in subparagraph (B)(i)--
[[Page 132 STAT. 5134]]
(I) by striking ``parents and other
family members'' and inserting ``status
offenders, other youth, and the parents
and other family members of such
offenders and youth''; and
(II) by striking ``be retained'' and
inserting ``remain'';
(iv) in subparagraph (E)--
(I) in the matter preceding clause
(i), by striking ``delinquent'' and
inserting ``at-risk or delinquent
youth''; and
(II) in clause (i), by inserting ``,
including for truancy prevention and
reduction'' before the semicolon;
(v) in subparagraph (F), in the matter
preceding clause (i), by striking ``expanding''
and inserting ``programs to expand'';
(vi) by redesignating subparagraphs (G)
through (S) as subparagraphs (H) through (T),
respectively;
(vii) by inserting after subparagraph (F), the
following:
``(G) programs--
``(i) to ensure youth have access to
appropriate legal representation; and
``(ii) to expand access to publicly supported,
court-appointed legal counsel who are trained to
represent juveniles in adjudication proceedings,
except that the State may not use more than 2 percent of
the funds received under section 222 for these
purposes;'';
(viii) in subparagraph (H), as so
redesignated, by striking ``State,'' each place
the term appears and inserting ``State, tribal,'';
(ix) in subparagraph (M), as so redesignated--
(I) in clause (i)--
(aa) by inserting ``pre-
adjudication and'' before
``post-adjudication'';
(bb) by striking
``restraints'' and inserting
``alternatives''; and
(cc) by inserting
``specialized or problem-solving
courts,'' after ``(including'';
and
(II) in clause (ii)--
(aa) by striking ``by the
provision by the
Administrator''; and
(bb) by striking ``to
States'';
(x) in subparagraph (N), as so redesignated--
(I) by inserting ``and reduce the
risk of recidivism'' after ``families'';
and
(II) by striking ``so that such
juveniles may be retained in their
homes'';
(xi) in subparagraph (S), as so redesignated,
by striking ``and'' at the end;
(xii) in subparagraph (T), as so
redesignated--
(I) by inserting ``or co-occurring
disorder'' after ``mental health'';
(II) by inserting ``court-involved
or'' before ``incarcerated'';
(III) by striking ``suspected to
be'';
[[Page 132 STAT. 5135]]
(IV) by striking ``and discharge
plans'' and inserting ``provision of
treatment, and development of discharge
plans''; and
(V) by striking the period at the
end and inserting a semicolon; and
(xiii) by inserting after subparagraph (T) the
following:
``(U) programs and projects designed--
``(i) to inform juveniles of the opportunity
and process for sealing and expunging juvenile
records; and
``(ii) to assist juveniles in pursuing
juvenile record sealing and expungements for both
adjudications and arrests not followed by
adjudications;
except that the State may not use more than 2 percent of
the funds received under section 222 for these purposes;
``(V) programs that address the needs of girls in or
at risk of entering the juvenile justice system,
including pregnant girls, young mothers, survivors of
commercial sexual exploitation or domestic child sex
trafficking, girls with disabilities, and girls of
color, including girls who are members of an Indian
Tribe; and
``(W) monitoring for compliance with the core
requirements and providing training and technical
assistance on the core requirements to secure
facilities;'';
(H) by striking paragraph (11) and inserting the
following:
``(11)(A) in accordance with rules issued by the
Administrator, provide that a juvenile shall not be placed in a
secure detention facility or a secure correctional facility,
if--
``(i) the juvenile is charged with or has committed
an offense that would not be criminal if committed by an
adult, excluding--
``(I) a juvenile who is charged with or has
committed a violation of section 922(x)(2) of
title 18, United States Code, or of a similar
State law;
``(II) a juvenile who is charged with or has
committed a violation of a valid court order
issued and reviewed in accordance with paragraph
(23); and
``(III) a juvenile who is held in accordance
with the Interstate Compact on Juveniles as
enacted by the State; or
``(ii) the juvenile--
``(I) is not charged with any offense; and
``(II)(aa) is an alien; or
``(bb) is alleged to be dependent, neglected,
or abused; and
``(B) require that--
``(i) <<NOTE: Deadline.>> not later than 3 years
after the date of enactment of the Juvenile Justice
Reform Act of 2018, unless a court finds, after a
hearing and in writing, that it is in the interest of
justice, juveniles awaiting trial or other legal process
who are treated as adults for purposes of prosecution in
criminal court and housed in a secure facility--
``(I) shall not have sight or sound contact
with adult inmates; and
[[Page 132 STAT. 5136]]
``(II) except as provided in paragraph (13),
may not be held in any jail or lockup for adults;
``(ii) in determining under clause (i) whether it is
in the interest of justice to permit a juvenile to be
held in any jail or lockup for adults, or have sight or
sound contact with adult inmates, a court shall
consider--
``(I) the age of the juvenile;
``(II) the physical and mental maturity of the
juvenile;
``(III) the present mental state of the
juvenile, including whether the juvenile presents
an imminent risk of harm to the juvenile;
``(IV) the nature and circumstances of the
alleged offense;
``(V) the juvenile's history of prior
delinquent acts;
``(VI) the relative ability of the available
adult and juvenile detention facilities to not
only meet the specific needs of the juvenile but
also to protect the safety of the public as well
as other detained youth; and
``(VII) any other relevant factor; and
``(iii) <<NOTE: Determinations. Time periods.>> if
a court determines under clause (i) that it is in the
interest of justice to permit a juvenile to be held in
any jail or lockup for adults--
``(I) the court shall hold a hearing not less
frequently than once every 30 days, or in the case
of a rural jurisdiction, not less frequently than
once every 45 days, to review whether it is still
in the interest of justice to permit the juvenile
to be so held or have such sight or sound contact;
and
``(II) the juvenile shall not be held in any
jail or lockup for adults, or permitted to have
sight or sound contact with adult inmates, for
more than 180 days, unless the court, in writing,
determines there is good cause for an extension or
the juvenile expressly waives this limitation;''.
(I) in paragraph (12)(A), by striking ``contact''
and inserting ``sight or sound contact'';
(J) in paragraph (13), by striking ``contact'' each
place it appears and inserting ``sight or sound
contact'';
(K) in paragraph (14)--
(i) by striking ``adequate system'' and
inserting ``effective system'';
(ii) by inserting ``lock-ups,'' after
``monitoring jails,'';
(iii) by inserting ``and'' after ``detention
facilities,'';
(iv) by striking ``, and non-secure
facilities'';
(v) by striking ``insure'' and inserting
``ensure'';
(vi) by striking ``requirements of paragraphs
(11), (12), and (13)'' and inserting ``core
requirements''; and
(vii) by striking ``, in the opinion of the
Administrator,'';
(L) by striking paragraphs (22) and (27);
(M) by redesignating paragraph (28) as paragraph
(27);
(N) by redesignating paragraphs (15) through (21) as
paragraphs (16) through (22), respectively;
(O) by inserting after paragraph (14) the following:
[[Page 132 STAT. 5137]]
``(15) implement policy, practice, and system improvement
strategies at the State, territorial, local, and tribal levels,
as applicable, to identify and reduce racial and ethnic
disparities among youth who come into contact with the juvenile
justice system, without establishing or requiring numerical
standards or quotas, by--
``(A) establishing or designating existing
coordinating bodies, composed of juvenile justice
stakeholders, (including representatives of the
educational system) at the State, local, or tribal
levels, to advise efforts by States, units of local
government, and Indian Tribes to reduce racial and
ethnic disparities;
``(B) <<NOTE: Data analysis.>> identifying and
analyzing data on race and ethnicity at decision points
in State, local, or tribal juvenile justice systems to
determine which such points create racial and ethnic
disparities among youth who come into contact with the
juvenile justice system; and
``(C) <<NOTE: Plan.>> developing and implementing a
work plan that includes measurable objectives for
policy, practice, or other system changes, based on the
needs identified in the data collection and analysis
under subparagraph (B);'';
(P) in paragraph (16), as so redesignated, by
inserting ``ethnicity,'' after ``race,'';
(Q) in paragraph (21), as so redesignated, by
striking ``local,'' each place the term appears and
inserting ``local, tribal,'';
(R) in paragraph (23)--
(i) in subparagraphs (A), (B), and (C), by
striking ``juvenile'' each place it appears and
inserting ``status offender'';
(ii) in subparagraph (B), by striking ``and''
at the end;
(iii) in subparagraph (C)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by adding
``and'' at the end; and
(III) by adding at the end the
following:
``(iii) <<NOTE: Determination.>> if such
court determines the status offender should be
placed in a secure detention facility or
correctional facility for violating such order--
``(I) the court shall issue a
written order that--
``(aa) identifies the valid
court order that has been
violated;
``(bb) specifies the factual
basis for determining that there
is reasonable cause to believe
that the status offender has
violated such order;
``(cc) includes findings of
fact to support a determination
that there is no appropriate
less restrictive alternative
available to placing the status
offender in such a facility,
with due consideration to the
best interest of the juvenile;
``(dd) <<NOTE: Time
period.>> specifies the length
of time, not to exceed 7 days,
that the status offender may
[[Page 132 STAT. 5138]]
remain in a secure detention
facility or correctional
facility, and includes a plan
for the status offender's
release from such facility; and
``(ee) may not be renewed or
extended; and
``(II) the court may not issue a
second or subsequent order described in
subclause (I) relating to a status
offender unless the status offender
violates a valid court order after the
date on which the court issues an order
described in subclause (I); and''; and
(iv) by adding at the end the following:
``(D) <<NOTE: Time period.>> there are procedures
in place to ensure that any status offender held in a
secure detention facility or correctional facility
pursuant to a court order described in this paragraph
does not remain in custody longer than 7 days or the
length of time authorized by the court, whichever is
shorter;'';
(S) in paragraph (26)--
(i) by inserting ``and in accordance with
confidentiality concerns,'' after ``maximum extent
practicable,''; and
(ii) by striking the semicolon at the end and
inserting the following: ``, so as to provide
for--
``(A) <<NOTE: Data.>> data in child abuse or
neglect reports relating to juveniles entering the
juvenile justice system with a prior reported history of
arrest, court intake, probation and parole, juvenile
detention, and corrections; and
``(B) <<NOTE: Plan.>> a plan to use the data
described in subparagraph (A) to provide necessary
services for the treatment of such victims of child
abuse or neglect;'';
(T) in paragraph (27), as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(U) by adding at the end the following:
``(28) provide for the coordinated use of funds provided
under this title with other Federal and State funds directed at
juvenile delinquency prevention and intervention programs;
``(29) describe the policies, procedures, and training in
effect for the staff of juvenile State correctional facilities
to eliminate the use of dangerous practices, unreasonable
restraints, and unreasonable isolation, including by developing
effective behavior management techniques;
``(30) describe--
``(A) the evidence-based methods that will be used
to conduct mental health and substance abuse screening,
assessment, referral, and treatment for juveniles who--
``(i) request a screening;
``(ii) show signs of needing a screening; or
``(iii) are held for a period of more than 24
hours in a secure facility that provides for an
initial screening; and
``(B) how the State will seek, to the extent
practicable, to provide or arrange for mental health and
substance abuse disorder treatment for juveniles
determined to be in need of such treatment;
``(31) describe how reentry planning by the State for
juveniles will include--
[[Page 132 STAT. 5139]]
``(A) a written case plan based on an assessment of
needs that includes--
``(i) the pre-release and post-release plans
for the juveniles;
``(ii) the living arrangement to which the
juveniles are to be discharged; and
``(iii) any other plans developed for the
juveniles based on an individualized assessment;
and
``(B) review processes;
``(32) provide an assurance that the agency of the State
receiving funds under this title collaborates with the State
educational agency receiving assistance under part A of title I
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311 et seq.) to develop and implement a plan to ensure that, in
order to support educational progress--
``(A) the student records of adjudicated juveniles,
including electronic records if available, are
transferred in a timely manner from the educational
program in the juvenile detention or secure treatment
facility to the educational or training program into
which the juveniles will enroll;
``(B) the credits of adjudicated juveniles are
transferred; and
``(C) adjudicated juveniles receive full or partial
credit toward high school graduation for secondary
school coursework satisfactorily completed before and
during the period of time during which the juveniles are
held in custody, regardless of the local educational
agency or entity from which the credits were earned; and
``(33) describe policies and procedures to--
``(A) screen for, identify, and document in records
of the State the identification of victims of domestic
human trafficking, or those at risk of such trafficking,
upon intake; and
``(B) divert youth described in subparagraph (A) to
appropriate programs or services, to the extent
practicable.'';
(2) by amending subsection (c) to read as follows:
``(c)(1) If a State fails to comply with any of the core
requirements in any fiscal year, then--
``(A) subject to subparagraph (B), the amount allocated to
such State under section 222 for the subsequent fiscal year
shall be reduced by not less than 20 percent for each core
requirement with respect to which the failure occurs; and
``(B) the State shall be ineligible to receive any
allocation under such section for such fiscal year unless--
``(i) the State agrees to expend 50 percent of the
amount allocated to the State for such fiscal year to
achieve compliance with any such core requirement with
respect to which the State is in noncompliance; or
``(ii) <<NOTE: Determination.>> 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
[[Page 132 STAT. 5140]]
achieving full compliance with such applicable
requirements within a reasonable time.
``(2) Of the total amount of funds not allocated for a fiscal year
under paragraph (1)--
``(A) 50 percent of the unallocated funds shall be
reallocated under section 222 to States that have not failed to
comply with the core requirements; and
``(B) 50 percent of the unallocated funds shall be used by
the Administrator to provide additional training and technical
assistance to States for the purpose of promoting compliance
with the core requirements.'';
(3) in subsection (d)--
(A) by striking ``described in paragraphs (11),
(12), (13), and (22) of subsection (a)'' and inserting
``described in the core requirements''; and
(B) by striking ``the requirements under paragraphs
(11), (12), (13), and (22) of subsection (a)'' and
inserting ``the core requirements'';
(4) in subsection (f)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (E)
as subparagraphs (A) through (D), respectively; and
(5) by adding at the end the following:
``(g) Compliance Determination.--
``(1) In general.--For each fiscal year, the Administrator
shall make a determination regarding whether each State
receiving a grant under this title is in compliance or out of
compliance with respect to each of the core requirements.
``(2) Reporting.--The Administrator shall--
``(A) <<NOTE: Public information.>> issue an annual
public report--
``(i) <<NOTE: Summary.>> describing any
determination described in paragraph (1) made
during the previous year, including a summary of
the information on which the determination is
based and the actions to be taken by the
Administrator (including a description of any
reduction imposed under subsection (c)); and
``(ii) for any such determination that a State
is out of compliance with any of the core
requirements, describing the basis for the
determination; and
``(B) <<NOTE: Web posting.>> make the report
described in subparagraph (A) available on a publicly
available website.
``(3) Determinations required.--The Administrator may not--
``(A) determine that a State is `not out of
compliance', or issue any other determination not
described in paragraph (1), with respect to any core
requirement; or
``(B) otherwise fail to make the compliance
determinations required under paragraph (1).''.
SEC. 206. REPEAL OF JUVENILE DELINQUENCY PREVENTION BLOCK GRANT
PROGRAM.
Part C of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11141 et seq.) is repealed.
SEC. 207. RESEARCH AND EVALUATION; STATISTICAL ANALYSES;
INFORMATION DISSEMINATION.
Section 251 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (34 U.S.C. 11161) is amended--
[[Page 132 STAT. 5141]]
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``may'' and inserting ``shall'';
(ii) in subparagraph (A), by striking ``plan
and identify'' and inserting ``annually publish a
plan to identify''; and
(iii) in subparagraph (B)--
(I) by striking clause (iii) and
inserting the following:
``(iii) successful efforts to prevent status
offenders and first-time minor offenders from subsequent
involvement with the juvenile justice and criminal
justice systems;'';
(II) by striking clause (vii) and
inserting the following:
``(vii) the prevalence and duration of behavioral
health needs (including mental health, substance abuse,
and co-occurring disorders) among juveniles pre-
placement and post-placement in the juvenile justice
system, including an examination of the effects of
secure detention in a correctional facility;'';
(III) by redesignating clauses (ix),
(x), and (xi) as clauses (xvi), (xvii),
and (xviii), respectively; and
(IV) by inserting after clause
(viii) the following:
``(ix) training efforts and reforms that have
produced reductions in or elimination of the use of
dangerous practices;
``(x) methods to improve the recruitment, selection,
training, and retention of professional personnel who
are focused on the prevention, identification, and
treatment of delinquency;
``(xi) methods to improve the identification and
response to victims of domestic child sex trafficking
within the juvenile justice system;
``(xii) identifying positive outcome measures, such
as attainment of employment and educational degrees,
that States and units of local government should use to
evaluate the success of programs aimed at reducing
recidivism of youth who have come in contact with the
juvenile justice system or criminal justice system;
``(xiii) evaluating the impact and outcomes of the
prosecution and sentencing of juveniles as adults;
``(xiv) successful and cost-effective efforts by
States and units of local government to reduce
recidivism through policies that provide for
consideration of appropriate alternative sanctions to
incarceration of youth facing nonviolent charges, while
ensuring that public safety is preserved;''; and
(B) in paragraph (4)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``date of enactment
of this paragraph, the'' and inserting
``date of enactment of the Juvenile
Justice Reform Act of 2018, the''; and
[[Page 132 STAT. 5142]]
(II) by inserting ``in accordance
with applicable confidentiality
requirements'' after ``wards of the
State''; and
(ii) in subparagraph (D), by inserting ``and
Indian Tribes'' after ``State'';
(iii) in subparagraph (F), by striking ``and''
at the end;
(iv) in subparagraph (G), by striking the
period at the end and inserting a semicolon; and
(v) by adding at the end the following:
``(H) a description of the best practices in discharge
planning; and
``(I) an assessment of living arrangements for juveniles
who, upon release from confinement in a State correctional
facility, cannot return to the residence they occupied prior to
such confinement.'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``may'' and inserting ``shall''; and
(3) by adding at the end the following:
``(f) National Recidivism Measure <<NOTE: Consultation. Data.>> .--
The Administrator, in accordance with applicable confidentiality
requirements and in consultation with experts in the field of juvenile
justice research, recidivism, and data collection, shall--
``(1) establish a uniform method of data collection and
technology that States may use to evaluate data on juvenile
recidivism on an annual basis;
``(2) establish a common national juvenile recidivism
measurement system; and
``(3) <<NOTE: Public information.>> make cumulative
juvenile recidivism data that is collected from States available
to the public.''.
SEC. 208. TRAINING AND TECHNICAL ASSISTANCE.
Section 252 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (34 U.S.C. 11162) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``may'';
(B) in paragraph (1)--
(i) by inserting ``shall'' before ``develop
and carry out projects''; and
(ii) by striking ``and'' after the semicolon;
(C) in paragraph (2)--
(i) by inserting ``may'' before ``make grants
to and contracts with''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(3) shall provide periodic training for States regarding
implementation of the core requirements, current protocols and
best practices for achieving and monitoring compliance, and
information sharing regarding relevant Office resources on
evidence-based and promising programs or practices that promote
the purposes of this Act.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``may'';
(B) in paragraph (1)--
[[Page 132 STAT. 5143]]
(i) by inserting ``shall'' before ``develop
and implement projects'';
(ii) by inserting ``, including compliance
with the core requirements'' after ``this title'';
and
(iii) by striking ``and'' at the end;
(C) in paragraph (2)--
(i) by inserting ``may'' before ``make grants
to and contracts with''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(3) shall provide technical assistance to States and units
of local government on achieving compliance with the amendments
to the core requirements and State Plans made by the Juvenile
Justice Reform Act of 2018, including training and technical
assistance and, when appropriate, pilot or demonstration
projects intended to develop and replicate best practices for
achieving sight and sound separation in facilities or portions
of facilities that are open and available to the general public
and that may or may not contain a jail or a lock-up; and
``(4) shall provide technical assistance to States in
support of efforts to establish partnerships between a State and
a university, institution of higher education, or research
center designed to improve the recruitment, selection, training,
and retention of professional personnel in the fields of
medicine, law enforcement, the judiciary, juvenile justice,
social work and child protection, education, and other relevant
fields who are engaged in, or intend to work in, the field of
prevention, identification, and treatment of delinquency.'';
(3) in subsection (c)--
(A) by inserting ``prosecutors,'' after ``public
defenders,''; and
(B) by inserting ``status offenders and'' after
``needs of''; and
(4) by adding at the end the following:
``(d) Best Practices Regarding Legal Representation of Children.--
<<NOTE: Consultation.>> In consultation with experts in the field of
juvenile defense, the Administrator shall--
``(1) share best practices that may include sharing
standards of practice developed by recognized entities in the
profession, for attorneys representing children; and
``(2) provide a State, if it so requests, technical
assistance to implement any of the best practices shared under
paragraph (1).
``(e) Best Practices for Status Offenders.--Based on the available
research and State practices, the Administrator shall--
``(1) disseminate best practices for the treatment of status
offenders with a focus on reduced recidivism, improved long-term
outcomes, and limited usage of valid court orders to place
status offenders in secure detention; and
``(2) provide a State, on request, technical assistance to
implement any of the best practices shared under paragraph (1).
``(f) Training and Technical Assistance for Local and State Juvenile
Detention and Corrections Personnel.--The Administrator shall coordinate
training and technical assistance
[[Page 132 STAT. 5144]]
programs with juvenile detention and corrections personnel of States and
units of local government--
``(1) to promote methods for improving conditions of
juvenile confinement, including methods that are designed to
minimize the use of dangerous practices, unreasonable
restraints, and isolation and methods responsive to cultural
differences; and
``(2) to encourage alternative behavior management
techniques based on positive youth development approaches that
may include methods responsive to cultural differences.
``(g) Training and Technical Assistance To Support Mental Health or
Substance Abuse Treatment Including Home-Based or Community-Based
Care.--The Administrator shall provide training and technical
assistance, in conjunction with the appropriate public agencies, to
individuals involved in making decisions regarding the disposition and
management of cases for youth who enter the juvenile justice system
about the appropriate services and placement for youth with mental
health or substance abuse needs, including--
``(1) juvenile justice intake personnel;
``(2) probation officers;
``(3) juvenile court judges and court services personnel;
``(4) prosecutors and court-appointed counsel; and
``(5) family members of juveniles and family advocates.
``(h) Training and Technical Assistance to Support Juvenile Court
Judges and Personnel.-- <<NOTE: Consultation. Grants. Contracts.>> The
Attorney General, acting through the Office of Juvenile Justice and
Delinquency Prevention and the Office of Justice Programs in
consultation with entities in the profession, shall provide directly, or
through grants or contracts, training and technical assistance to
enhance the capacity of State and local courts, judges, and related
judicial personnel to--
``(1) improve the lives of children currently involved in or
at risk of being involved in the juvenile court system; and
``(2) carry out the requirements of this Act.
``(i) Free and Reduced Price School Lunches for Incarcerated
Juveniles.-- <<NOTE: Consultation. Guidance.>> The Attorney General, in
consultation with the Secretary of Agriculture, shall provide guidance
to States relating to existing options for school food authorities in
the States to apply for reimbursement for free or reduced price lunches
under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.) for juveniles who are incarcerated and would, if not
incarcerated, be eligible for free or reduced price lunches under that
Act.''.
SEC. 209. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delinquency Prevention Act
of 1974 (34 U.S.C. 11182) is amended--
(1) in subsection (d)--
(A) by inserting ``(1)'' before ``The
Administrator'';
(B) by striking ``, after appropriate consultation
with representatives of States and units of local
government,'';
(C) by inserting ``guidance,'' after
``regulations,''; and
(D) <<NOTE: Guidance. Procedures. Consultation.>>
by adding at the end the following: ``In developing
guidance and procedures, the Administrator shall consult
with representatives of States and units of local
government, including those individuals responsible for
administration of this Act and compliance with the core
requirements.
[[Page 132 STAT. 5145]]
``(2) The Administrator shall ensure that--
``(A) reporting, compliance reporting, State plan
requirements, and other similar documentation as may be required
from States is requested in a manner that respects
confidentiality, encourages efficiency and reduces the
duplication of reporting efforts; and
``(B) States meeting all the core requirements are
encouraged to experiment with offering innovative, data-driven
programs designed to further improve the juvenile justice
system.''; and
(2) in subsection (e), by striking ``requirements described
in paragraphs (11), (12), and (13) of section 223(a)'' and
inserting ``core requirements''.
TITLE III--INCENTIVE GRANTS FOR PRISON REDUCTION THROUGH OPPORTUNITIES,
MENTORING, INTERVENTION, SUPPORT, AND EDUCATION
SEC. 301. <<NOTE: 34 USC 10101 note.>> SHORT TITLE.
Section 501 of the Incentive Grants for Local Delinquency Prevention
Programs Act of 2002 (34 U.S.C. 11101 note) is amended--
(1) by inserting ``Youth Promise'' before ``Grants''; and
(2) by striking ``2002'' and inserting ``2018''.
SEC. 302. DEFINITIONS.
Section 502 of the Incentive Grants for Local Delinquency Prevention
Programs Act of 2002 (34 U.S.C. 11281) is amended to read as follows:
``SEC. 502. DEFINITIONS.
``In this title--
``(1) the term `at-risk' has the meaning given that term in
section 1432 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6472);
``(2) the term `eligible entity' means--
``(A) a unit of local government that is in
compliance with the requirements of part B of title II;
or
``(B) a nonprofit organization in partnership with a
unit of local government described in subparagraph (A);
``(3) the term `delinquency prevention program' means a
delinquency prevention program that is evidence-based or
promising and that may include--
``(A) alcohol and substance abuse prevention or
treatment services;
``(B) tutoring and remedial education, especially in
reading and mathematics;
``(C) child and adolescent health and mental health
services;
``(D) recreation services;
``(E) leadership and youth development activities;
``(F) the teaching that individuals are and should
be held accountable for their actions;
[[Page 132 STAT. 5146]]
``(G) assistance in the development of job training
skills;
``(H) youth mentoring programs;
``(I) after-school programs;
``(J) coordination of a continuum of services that
may include--
``(i) early childhood development services;
``(ii) voluntary home visiting programs;
``(iii) nurse-family partnership programs;
``(iv) parenting skills training;
``(v) child abuse prevention programs;
``(vi) family stabilization programs;
``(vii) child welfare services;
``(viii) family violence intervention
programs;
``(ix) adoption assistance programs;
``(x) emergency, transitional and permanent
housing assistance;
``(xi) job placement and retention training;
``(xii) summer jobs programs;
``(xiii) alternative school resources for
youth who have dropped out of school or
demonstrate chronic truancy;
``(xiv) conflict resolution skill training;
``(xv) restorative justice programs;
``(xvi) mentoring programs;
``(xvii) targeted gang prevention,
intervention and exit services;
``(xviii) training and education programs for
pregnant teens and teen parents; and
``(xix) pre-release, post-release, and reentry
services to assist detained and incarcerated youth
with transitioning back into and reentering the
community; and
``(K) other data-driven evidence-based or promising
prevention programs;
``(4) the term `local policy board', when used with respect
to an eligible entity, means a policy board that the eligible
entity will engage in the development of the eligible entity's
plan described in section 504(e)(5), and that includes--
``(A) not fewer than 15 and not more than 21
members; and
``(B) a balanced representation of--
``(i) public agencies and private nonprofit
organizations serving juveniles and their
families; and
``(ii) business and industry;
``(C) at least one representative of the faith
community, one adjudicated youth, and one parent of an
adjudicated youth; and
``(D) in the case of an eligible entity described in
paragraph (1)(B), a representative of the nonprofit
organization of the eligible entity;
``(5) <<NOTE: Time period.>> the term `mentoring' means
matching 1 adult with 1 or more youths for the purpose of
providing guidance, support, and encouragement through regularly
scheduled meetings for not less than 9 months;
[[Page 132 STAT. 5147]]
``(6) the term `State advisory group' means the advisory
group appointed by the chief executive officer of a State under
a plan described in section 223(a); and
``(7) the term `State entity' means the State agency
designated under section 223(a)(1) or the entity receiving funds
under section 223(d).''.
SEC. 303. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.
Section 503 of the Incentive Grants for Local Delinquency Prevention
Programs Act of 2002 (34 U.S.C. 11282) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
SEC. 304. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.
Section 504 of the Incentive Grants for Local Delinquency Prevention
Programs Act of 2002 (34 U.S.C. 11281 et seq.) is amended to read as
follows:
``SEC. 504. GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS.
``(a) Purpose.--The purpose of this section is to enable local
communities to address the unmet needs of at-risk or delinquent youth,
including through a continuum of delinquency prevention programs for
juveniles who have had contact with the juvenile justice system or who
are likely to have contact with the juvenile justice system.
``(b) Program Authorized.--The Administrator shall--
``(1) for each fiscal year for which less than $25,000,000
is appropriated under section 506, award grants to not fewer
than 3 State entities, but not more than 5 State entities, that
apply under subsection (c) and meet the requirements of
subsection (d); or
``(2) for each fiscal year for which $25,000,000 or more is
appropriated under section 506, award grants to not fewer than 5
State entities that apply under subsection (c) and meet the
requirements of subsection (d).
``(c) State Application.--To be eligible to receive a grant under
this section, a State entity shall submit an application to the
Administrator that includes the following:
``(1) An assurance the State entity will use--
``(A) not more than 10 percent of such grant, in the
aggregate--
``(i) for the costs incurred by the State
entity to carry out this section, except that not
more than 3 percent of such grant may be used for
such costs; and
``(ii) to provide technical assistance to
eligible entities receiving a subgrant under
subsection (e) in carrying out delinquency
prevention programs under the subgrant; and
``(B) the remainder of such grant to award subgrants
to eligible entities under subsection (e).
``(2) An assurance that such grant will supplement, and not
supplant, State and local efforts to prevent juvenile
delinquency.
[[Page 132 STAT. 5148]]
``(3) An assurance the State entity will evaluate the
capacity of eligible entities receiving a subgrant under
subsection (e) to fulfill the requirements under such
subsection.
``(4) <<NOTE: Consultation.>> An assurance that such
application was prepared after consultation with, and
participation by, the State advisory group, units of local
government, community-based organizations, and organizations
that carry out programs, projects, or activities to prevent
juvenile delinquency in the local juvenile justice system served
by the State entity.
``(d) Approval of State Applications.--In awarding grants under
this section for a fiscal year, the Administrator may not award a grant
to a State entity for a fiscal year unless--
``(1)(A) the State that will be served by the State entity
submitted a plan under section 223 for such fiscal year; and
``(B) such plan is approved by the Administrator for such
fiscal year; or
``(2) after finding good cause for a waiver, the
Administrator waives the plan required under subparagraph (A)
for such State for such fiscal year.
``(e) Subgrant Program.--
``(1) Program authorized.--
``(A) In general.--Each State entity receiving a
grant under this section shall award subgrants to
eligible entities in accordance with this subsection.
``(B) Priority.--In awarding subgrants under this
subsection, the State shall give priority to eligible
entities that demonstrate ability in--
``(i) plans for service and agency
coordination and collaboration including the
collocation of services;
``(ii) innovative ways to involve the private
nonprofit and business sector in delinquency
prevention activities;
``(iii) developing data-driven prevention
plans, employing evidence-based prevention
strategies, and conducting program evaluations to
determine impact and effectiveness;
``(iv) identifying under the plan submitted
under paragraph (5) potential savings and
efficiencies associated with successful
implementation of such plan; and
``(v) describing how such savings and
efficiencies may be used to carry out delinquency
prevention programs and be reinvested in the
continuing implementation of such programs after
the end of the subgrant period.
``(C) Subgrant program period and diversity of
projects.--
``(i) Program period.--A subgrant awarded to
an eligible entity by a State entity under this
section shall be for a period of not more than 5
years, of which the eligible entity--
``(I) may use not more than 18
months for completing the plan submitted
by the eligible entity under paragraph
(5); and
``(II) shall use the remainder of
the subgrant period, after planning
period described in subclause (I), for
the implementation of such plan.
[[Page 132 STAT. 5149]]
``(ii) Diversity of projects.--In awarding
subgrants under this subsection, a State entity
shall ensure, to the extent practicable and
applicable, that such subgrants are distributed
throughout different areas, including urban,
suburban, and rural areas.
``(2) Local application.--An eligible entity that desires a
subgrant under this subsection shall submit an application to
the State entity in the State of the eligible entity, at such
time and in such manner as determined by the State entity, and
that includes--
``(A) a description of--
``(i) the local policy board and local
partners the eligible entity will engage in the
development of the plan described in paragraph
(5);
``(ii) the unmet needs of at-risk or
delinquent youth in the community;
``(iii) available resources in the community
to meet the unmet needs identified in the needs
assessment described in paragraph (5)(A);
``(iv) potential costs to the community if the
unmet needs are not addressed;
``(B) a specific time period for the planning and
subsequent implementation of its continuum of local
delinquency prevention programs;
``(C) the steps the eligible entity will take to
implement the plan under subparagraph (A); and
``(D) a plan to continue the grant activity with
non-Federal funds, if proven successful according to the
performance evaluation process under paragraph (5)(D),
after the grant period.
``(3) Matching requirement.--An eligible entity desiring a
subgrant under this subsection shall agree to provide a 50
percent match of the amount of the subgrant that may include the
value of in-kind contributions.
``(4) Subgrant review.--
``(A) <<NOTE: Deadline. Time period.>> Review.--Not
later than the end of the second year of a subgrant
period for a subgrant awarded to an eligible entity
under this subsection and before awarding the remaining
amount of the subgrant to the eligible entity, the State
entity shall--
``(i) ensure that the eligible entity has
completed the plan submitted under paragraph (2)
and that the plan meets the requirements of such
paragraph; and
``(ii) <<NOTE: Verification.>> verify that
the eligible entity will begin the implementation
of its plan upon receiving the next installment of
its subgrant award.
``(B) Termination.--If the State entity finds
through the review conducted under subparagraph (A) that
the eligible entity has not met the requirements of
clause (i) of such subparagraph, the State entity shall
reallocate the amount remaining on the subgrant of the
eligible entity to other eligible entities receiving a
subgrant under this subsection or award the amount to an
eligible entity during the next subgrant competition
under this subsection.
``(5) Local uses of funds.--An eligible entity that receives
a subgrant under this subsection shall use the funds to
implement a plan to carry out delinquency prevention programs
[[Page 132 STAT. 5150]]
in the community served by the eligible entity in a coordinated
manner with other delinquency prevention programs or entities
serving such community, which includes--
``(A) <<NOTE: Analysis.>> an analysis of the unmet
needs of at-risk or delinquent youth in the community--
``(i) which shall include--
``(I) the available resources in the
community to meet the unmet needs; and
``(II) factors present in the
community that may contribute to
delinquency, such as homelessness, food
insecurity, teen pregnancy, youth
unemployment, family instability, lack
of educational opportunity; and
``(ii) may include an estimate--
``(I) for the most recent year for
which reliable data is available, the
amount expended by the community and
other entities for delinquency
adjudication for juveniles and the
incarceration of adult offenders for
offenses committed in such community;
and
``(II) of potential savings and
efficiencies that may be achieved
through the implementation of the plan;
``(B) <<NOTE: Time period. Strategy. Estimate.>> a
minimum 3-year comprehensive strategy to address the
unmet needs and an estimate of the amount or percentage
of non-Federal funds that are available to carry out the
strategy;
``(C) a description of how delinquency prevention
programs under the plan will be coordinated;
``(D) a description of the performance evaluation
process of the delinquency prevention programs to be
implemented under the plan, which shall include
performance measures to assess efforts to address the
unmet needs of youth in the community analyzed under
subparagraph (A);
``(E) the evidence or promising evaluation on which
such delinquency prevention programs are based; and
``(F) if such delinquency prevention programs are
proven successful according to the performance
evaluation process under subparagraph (D), a strategy to
continue such programs after the subgrant period with
non-Federal funds, including a description of how any
estimated savings or efficiencies created by the
implementation of the plan may be used to continue such
programs.''.
SEC. 305. GRANTS FOR TRIBAL DELINQUENCY PREVENTION AND RESPONSE
PROGRAMS.
The Incentive Grants for Local Delinquency Prevention Programs Act
of 2002 (34 U.S.C. 11281 et seq.) is amended by redesignating section
505 <<NOTE: 42 USC 5784.>> as section 506, and by inserting after
section 504 the following:
``SEC. 505. <<NOTE: 34 USC 11314.>> GRANTS FOR TRIBAL DELINQUENCY
PREVENTION AND RESPONSE PROGRAMS.
``(a) In General.--The Administrator shall make grants under this
section, on a competitive basis, to eligible Indian Tribes (or consortia
of Indian Tribes) as described in subsection (b)--
``(1) to support and enhance--
[[Page 132 STAT. 5151]]
``(A) tribal juvenile delinquency prevention
services; and
``(B) the ability of Indian Tribes to respond to,
and care for, at-risk or delinquent youth upon release;
and
``(2) to encourage accountability of Indian tribal
governments with respect to preventing juvenile delinquency, and
responding to, and caring for, juvenile offenders.
``(b) Eligible Indian Tribes.--To be eligible to receive a grant
under this section, an Indian Tribe or consortium of Indian Tribes shall
submit to the Administrator an application in such form as the
Administrator may require.
``(c) Considerations.--In providing grants under this section, the
Administrator shall take into consideration, with respect to the Indian
Tribe to be served, the--
``(1) juvenile delinquency rates;
``(2) school dropout rates; and
``(3) number of youth at risk of delinquency.
``(d) Availability of Funds.--Of the amount available for a fiscal
year to carry out this title, 11 percent shall be available to carry out
this section.''.
SEC. 306. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) <<NOTE: Deadline. Reports.>> Evaluation.--Not later than 2
years after the end of the 5th fiscal year for which funds are
appropriated to carry out the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002, the Comptroller General of the United
States shall conduct an evaluation of a sample of subgrantees selected
by the Comptroller General in accordance with subsection (b)) that
received funds under section 504(e) of such Act and shall submit a
report of such evaluation to the Committee on the Judiciary of the
United States Senate and the Committee on Education and the Workforce of
the United States House of Representatives.
(b) Considerations for Evaluation.--For purposes of subsection (a),
the Comptroller General shall--
(1) ensure that the sample to be evaluated is made up of
subgrantees in States that are diverse geographically and
economically; and
(2) include in such sample subgrantees that proposed
different delinquency prevention programs.
(c) Recommendations and Findings.--In conducting the evaluation
required by subsection (a), the Comptroller General shall take into
consideration whether--
(1) the delinquency prevention programs for which
subgrantees received funds under section 504(e) of Incentive
Grants for Local Delinquency Prevention Programs Act of 2002
achieved the outcomes and results anticipated by the particular
State involved;
(2) in the case of outcomes and results of delinquency
prevention programs defined by the State or a local entity,
unanticipated improved outcomes or results for juveniles
occurred;
(3) the number of subgrantees that continue after the
expenditure of such funds to provide such delinquency prevention
programs;
(4) such delinquency prevention programs replaced existing
or planned programs or activities in the State; and
[[Page 132 STAT. 5152]]
(5) the evidence-base information used to justify such
delinquency prevention programs was used with fidelity by local
entities in accordance with the approach used to find the
evidence;
SEC. 307. TECHNICAL AMENDMENT.
Title V of the Juvenile Justice and Delinquency Prevention Act of
1974 as enacted by Public Law 93-415 (88 Stat. 1133) (relating to
miscellaneous and conforming amendments) is repealed.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Evaluation <<NOTE: Deadline.>> .--Not later than 1 year after
the date of enactment of this Act, the Comptroller General of the United
States shall--
(1) <<NOTE: Analysis.>> conduct a comprehensive analysis
and evaluation regarding the performance of the Office of
Juvenile Justice and Delinquency Prevention (referred to in this
section as ``the agency''), its functions, its programs, and its
grants;
(2) <<NOTE: Audit.>> conduct a comprehensive audit and
evaluation of a selected, sample of grantees (as determined by
the Comptroller General) that receive Federal funds under grant
programs administered by the agency including a review of
internal controls (as defined in section 103 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11103), as amended by this Act) to prevent fraud, waste, and
abuse of funds by grantees; and
(3) <<NOTE: Reports.>> submit a report in accordance with
subsection (d).
(b) Considerations for Evaluation.--In conducting the analysis and
evaluation under subsection (a)(1), and in order to document the
efficiency and public benefit of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11101 et seq.), the Comptroller
General shall take into consideration--
(1) the outcome and results of the programs carried out by
the agency and those programs administered through grants by the
agency;
(2) the extent to which the agency has complied with the
Government Performance and Results Act of 1993 (Public Law 103-
62; 107 Stat. 285);
(3) the extent to which the jurisdiction of, and the
programs administered by, the agency duplicate or conflict with
the jurisdiction and programs of other agencies;
(4) the potential benefits of consolidating programs
administered by the agency with similar or duplicative programs
of other agencies, and the potential for consolidating those
programs;
(5) whether less restrictive or alternative methods exist to
carry out the functions of the agency and whether current
functions or operations are impeded or enhanced by existing
statutes, rules, and procedures;
(6) the number and types of beneficiaries or persons served
by programs carried out by the agency;
[[Page 132 STAT. 5153]]
(7) the manner with which the agency seeks public input and
input from State and local governments on the performance of the
functions of the agency;
(8) the extent to which the agency complies with section 552
of title 5, United States Code (commonly known as the Freedom of
Information Act);
(9) whether greater oversight is needed of programs
developed with grants made by the agency; and
(10) the extent to which changes are necessary in the
authorizing statutes of the agency in order for the functions of
the agency to be performed in a more efficient and effective
manner.
(c) Considerations for Audits.--In conducting the audit and
evaluation under subsection (a)(2), and in order to document the
efficiency and public benefit of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11101 et seq.), the Comptroller
General shall take into consideration--
(1) whether grantees timely file Financial Status Reports;
(2) whether grantees have sufficient internal controls to
ensure adequate oversight of grant fund received;
(3) whether disbursements were accompanied with adequate
supporting documentation (including invoices and receipts);
(4) whether expenditures were authorized;
(5) whether subrecipients of grant funds were complying with
program requirements;
(6) whether salaries and fringe benefits of personnel were
adequately supported by documentation;
(7) whether contracts were bid in accordance with program
guidelines; and
(8) whether grant funds were spent in accordance with
program goals and guidelines.
(d) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(A) submit a report regarding the evaluation
conducted under subsection (a) and audit under
subsection (b), to the Speaker of the House of
Representatives and the President pro tempore of the
Senate; and
(B) <<NOTE: Public information.>> make the report
described in subparagraph (A) available to the public.
(2) Contents.--The report submitted in accordance with
paragraph (1) shall include all audit findings determined by the
selected, statistically significant sample of grantees as
required by subsection (a)(2) and shall include the name and
location of any selected grantee as well as any findings
required by subsection (a)(2).
SEC. 402. <<NOTE: 34 USC 11321.>> AUTHORIZATION OF
APPROPRIATIONS; ACCOUNTABILITY AND
OVERSIGHT.
(a) In General.--The Juvenile Justice and Delinquency Prevention Act
of 1974 (34 U.S.C. 11101 et seq.) is amended by adding at the end the
following:
[[Page 132 STAT. 5154]]
``TITLE VI--AUTHORIZATION OF APPROPRIATIONS; ACCOUNTABILITY AND
OVERSIGHT
``SEC. 601. <<NOTE: 34 USC 11321.>> AUTHORIZATION OF
APPROPRIATIONS.
``There are authorized to be appropriated to carry out this Act,
except for titles III and IV, $176,000,000 for each of fiscal years 2019
through 2023, of which not more than $96,053,401 shall be used to carry
out title V for each such fiscal year.
``SEC. 602. <<NOTE: 34 USC 11322.>> ACCOUNTABILITY AND OVERSIGHT.
``(a) Sense of Congress.--It is the sense of Congress that, in order
to ensure that at-risk youth, and youth who come into contact with the
juvenile justice system or the criminal justice system, are treated
fairly and that the outcome of that contact is beneficial to the
Nation--
``(1) the Department of Justice, through its Office of
Juvenile Justice and Delinquency Prevention, must restore
meaningful enforcement of the core requirements in title II; and
``(2) States, which are entrusted with a fiscal stewardship
role if they accept funds under title II must exercise vigilant
oversight to ensure full compliance with the core requirements
for juveniles provided for in title II.
``(b) Accountability.--
``(1) Agency program review.--
``(A) Programmatic and financial assessment.--
``(i) In
general <<NOTE: Deadline. Evaluations.>> .--Not
later than 60 days after the date of enactment of
the Juvenile Justice Reform Act of 2018, the
Director of the Office of Audit, Assessment, and
Management of the Office of Justice Programs at
the Department of Justice (referred to in this
section as the `Director') shall--
``(I) <<NOTE: Analysis.>> conduct a
comprehensive analysis and evaluation of
the internal controls of the Office of
Juvenile Justice and Delinquency
Prevention (referred to in this section
as the `agency') to determine if States
and Indian Tribes receiving grants are
following the requirements of the agency
grant programs and what remedial action
the agency has taken to recover any
grant funds that are expended in
violation of grant programs, including
instances where--
``(aa) supporting
documentation was not provided
for cost reports;
``(bb) unauthorized
expenditures occurred; and
``(cc) subrecipients of
grant funds were not in
compliance with program
requirements;
``(II) <<NOTE: Audit.>> conduct a
comprehensive audit and evaluation of a
selected statistically significant
sample of States and Indian Tribes (as
determined by the Director) that have
received Federal funds under title II,
including a review of internal controls
to prevent fraud, waste, and abuse of
funds by grantees; and
[[Page 132 STAT. 5155]]
``(III) <<NOTE: Reports.>> submit a
report in accordance with clause (iv).
``(ii) Considerations for evaluations.--In
conducting the analysis and evaluation under
clause (i)(I), and in order to document the
efficiency and public benefit of titles II and V,
the Director shall take into consideration the
extent to which--
``(I) greater oversight is needed of
programs developed with grants made by
the agency;
``(II) changes are necessary in the
authorizing statutes of the agency in
order that the functions of the agency
can be performed in a more efficient and
effective manner; and
``(III) the agency has implemented
recommendations issued by the
Comptroller General or Office of
Inspector General relating to the grant
making and grant monitoring
responsibilities of the agency.
``(iii) Considerations for audits.--In
conducting the audit and evaluation under clause
(i)(II), and in order to document the efficiency
and public benefit of titles II and V, the
Director shall take into consideration--
``(I) whether grantees timely file
Financial Status Reports;
``(II) whether grantees have
sufficient internal controls to ensure
adequate oversight of grant funds
received;
``(III) whether grantees' assertions
of compliance with the core requirements
were accompanied with adequate
supporting documentation;
``(IV) whether expenditures were
authorized;
``(V) whether subrecipients of grant
funds were complying with program
requirements; and
``(VI) whether grant funds were
spent in accordance with the program
goals and guidelines.
``(iv) Report.--The Director shall--
``(I) submit to the Congress a
report outlining the results of the
analysis, evaluation, and audit
conducted under clause (i), including
supporting materials, to the Speaker of
the House of Representatives and the
President pro tempore of the Senate; and
``(II) <<NOTE: Web posting.>> shall
make such report available to the public
online, not later than 1 year after the
date of enactment of this section.
``(B) Analysis of internal controls.--
``(i) <<NOTE: Deadline. Evaluation. Determination.>>
In general.--Not later than 30 days after the
date of enactment of the Juvenile Justice Reform
Act of 2018, the Administrator shall initiate a
comprehensive analysis and evaluation of the
internal controls of the agency to determine
whether, and to what extent, States and Indian
Tribes that receive grants under titles II and V
are following the requirements of the grant
programs authorized under titles II and V.
[[Page 132 STAT. 5156]]
``(ii) Report.--Not later than 180 days after
the date of enactment of the Juvenile Justice
Reform Act of 2018, the Administrator shall submit
to Congress a report containing--
``(I) the findings of the analysis
and evaluation conducted under clause
(i);
``(II) a description of remedial
actions, if any, that will be taken by
the Administrator to enhance the
internal controls of the agency and
recoup funds that may have been expended
in violation of law, regulations, or
program requirements issued under titles
II and V; and
``(III) a description of--
``(aa) the analysis
conducted under clause (i);
``(bb) whether the funds
awarded under titles II and V
have been used in accordance
with law, regulations, program
guidance, and applicable plans;
and
``(cc) the extent to which
funds awarded to States and
Indian Tribes under titles II
and V enhanced the ability of
grantees to fulfill the core
requirements.
``(C) Report by the attorney general.--Not later
than 180 days after the date of enactment of the
Juvenile Justice Reform Act of 2018, the Attorney
General shall submit to the appropriate committees of
the Congress a report on the estimated amount of formula
grant funds disbursed by the agency since fiscal year
2010 that did not meet the requirements for awards of
formula grants to States under title II.
``(2) Office of inspector general performance audits.--
``(A) In general.--In order to ensure the effective
and appropriate use of grants administered under this
Act (excluding title IV) and to prevent waste, fraud,
and abuse of funds by grantees, the Inspector General of
the Department of Justice shall annually conduct audits
of grantees that receive funds under this Act.
``(B) <<NOTE: Deadline. Determination.>>
Assessment.--Not later than 1 year after the date of
enactment of the Juvenile Justice Reform Act of 2018 and
annually thereafter, the Inspector General shall conduct
a risk assessment to determine the appropriate number of
grantees to be audited under subparagraph (A) in the
year involved.
``(C) Public availability on
website <<NOTE: Summary.>> .--The Attorney General shall
make the summary of each review conducted under this
section available on the website of the Department of
Justice, subject to redaction as the Attorney General
determines necessary to protect classified and other
sensitive information.
``(D) Mandatory exclusion <<NOTE: Time period.>> .--
A recipient of grant funds under this Act (excluding
title IV) that is found to have an unresolved audit
finding shall not be eligible to receive grant funds
under this Act (excluding title IV) during the first 2
fiscal years beginning after the 12-month
[[Page 132 STAT. 5157]]
period beginning on the date on which the audit report
is issued.
``(E) <<NOTE: Time period.>> Priority.--In awarding
grants under this Act (excluding title IV), the
Administrator shall give priority to a State or Indian
Tribe that did not have an unresolved audit finding
during the 3 fiscal years prior to the date on which the
State or Indian Tribe submits an application for a grant
under this Act.
``(F) <<NOTE: Time period.>> Reimbursement.--If a
State or an Indian Tribe is awarded a grant under this
Act (excluding title IV) during the 2-fiscal-year period
in which the recipient is barred from receiving grants
under subparagraph (D), the Attorney General shall--
``(i) deposit an amount equal to the amount of
the grant funds that were improperly awarded to
the grantee into the general fund of the Treasury;
and
``(ii) seek to recoup the costs of the
repayment to the general fund under clause (i)
from the grantee that was erroneously awarded
grant funds.
``(G) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General--
``(i) that the audited State or Indian Tribe
has used grant funds for an unauthorized
expenditure or otherwise unallowable cost; and
``(ii) that is not closed or resolved during
the 12-month period beginning on the date on which
the final audit report is issued.
``(3) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph
and the grant programs described in this Act (excluding
title IV), the term `nonprofit organization' means an
organization that is described in section 501(c)(3) of
the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code.
``(B) Prohibition.--The Administrator may not award
a grant under any grant program described in this Act
(excluding title IV) to a nonprofit organization that
holds money in offshore accounts for the purpose of
avoiding paying the tax described in section 511(a) of
the Internal Revenue Code of 1986.
``(C) Disclosure.--
``(i) In general.--Each nonprofit organization
that is awarded a grant under a grant program
described in this Act (excluding title IV) and
uses the procedures prescribed in regulations to
create a rebuttable presumption of reasonableness
for the compensation of its officers, directors,
trustees, and key employees, shall disclose to the
Administrator, in the application for the grant,
the process for determining such compensation,
including--
``(I) the independent persons
involved in reviewing and approving such
compensation;
``(II) the comparability data used;
and
``(III) contemporaneous
substantiation of the deliberation and
decision.
[[Page 132 STAT. 5158]]
``(ii) Public inspection upon request.--Upon
request, the Administrator shall make the
information disclosed under clause (i) available
for public inspection.
``(4) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be
appropriated to the Department of Justice under this Act
may be used by the Attorney General, or by any
individual or organization awarded discretionary funds
through a cooperative agreement under this Act, to host
or support any expenditure for conferences that uses
more than $20,000 in funds made available to the
Department of Justice, unless the Deputy Attorney
General or such Assistant Attorney Generals, Directors,
or principal deputies as the Deputy Attorney General may
designate, provides prior written authorization that the
funds may be expended to host a conference.
``(B) <<NOTE: Cost estimate.>> Written approval.--
Written approval under subparagraph (A) shall include a
written estimate of all costs associated with the
conference, including the cost of all food and
beverages, audiovisual equipment, honoraria for
speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on Education
and the Workforce of the House of Representatives on all
conference expenditures approved under this paragraph.
``(5) Prohibition on lobbying activity.--
``(A) In general.--Amounts authorized to be
appropriated under this Act may not be utilized by any
recipient of a grant made using such amounts--
``(i) to lobby any representative of the
Department of Justice regarding the award of grant
funding; or
``(ii) to lobby any representative of a
Federal, State, local, or tribal government
regarding the award of grant funding.
``(B) <<NOTE: Determination.>> Penalty.--If the
Attorney General determines that any recipient of a
grant made using amounts authorized to be appropriated
under this Act has violated subparagraph (A), the
Attorney General shall--
``(i) require the recipient to repay the grant
in full; and
``(ii) <<NOTE: Time period.>> prohibit the
recipient to receive another grant under this Act
for not less than 5 years.
``(C) Clarification.--For purposes of this
paragraph, submitting an application for a grant under
this Act shall not be considered lobbying activity in
violation of subparagraph (A).
``(6) Annual certification <<NOTE: Effective date.>> .--
Beginning in the 1st fiscal year that begins after the effective
date of this section, the Attorney General shall submit to the
Committee on the Judiciary and the Committee on Appropriations
of the Senate, and the Committee on Education and the Workforce
and the Committee on Appropriations of the House of
Representatives, an annual certification that--
[[Page 132 STAT. 5159]]
``(A) all audits issued by the Inspector General of
the Department of Justice under paragraph (2) have been
completed and reviewed by the appropriate Assistant
Attorney General or Director;
``(B) all mandatory exclusions required under
paragraph (2)(D) have been issued;
``(C) all reimbursements required under paragraph
(2)(F)(i) have been made; and
``(D) includes a list of any grant recipients
excluded under paragraph (2) during the then preceding
fiscal year.
``(c) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this Act, the Attorney General shall
compare potential grant awards with other grants awarded under
this Act to determine if duplicate grant awards are awarded for
the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the Attorney
General shall submit to the Committee on the Judiciary of the
Senate and the Committee on Education and the Workforce of the
House of Representatives a report that includes--
``(A) <<NOTE: Lists.>> a list of all duplicate
grants awarded, including the total dollar amount of any
duplicate grants awarded; and
``(B) the reason the Attorney General awarded the
duplicative grant.
``(d) Compliance With Auditing Standards.--The Administrator shall
comply with the Generally Accepted Government Auditing Standards,
published by the General Accountability Office (commonly known as the
`Yellow Book'), in the conduct of fiscal, compliance, and programmatic
audits of States.''.
(b) Authorization of Appropriations.--Section 388(a) of the Juvenile
Justice and Delinquency Prevention Act (34 U.S.C. 11280(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``section 345 and''; and
(B) by striking ``$140,000,000 for fiscal year 2009,
and such sums as may be necessary for fiscal years 2010,
2011, 2012, and 2013'' and inserting ``$127,421,000 for
each of fiscal years 2019 through 2020'';
(2) in paragraph (3), by striking subparagraph (B) and
inserting the following:
``(B) Periodic estimate.--Of the amount authorized
to be appropriated under paragraph (1), such sums as may
be necessary shall be made available to carry out
section 345 for each of fiscal years 2019 through
2020.''; and
(3) in paragraph (4), by striking ``fiscal year 2009 and
such sums as may be necessary for fiscal years 2010, 2011, 2012,
and 2013'' and inserting ``each of fiscal years 2019 through
2020''.
[[Page 132 STAT. 5160]]
(c) Technical and Conforming Amendments.--The Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.) is amended
by striking--
(1) section 299 <<NOTE: 34 USC 11181.>> (34 U.S.C. 11171);
and
(2) section 505. <<NOTE: 42 USC 5784.>>
Approved December 21, 2018.
LEGISLATIVE HISTORY--H.R. 6964:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 164 (2018):
Sept. 28, considered and passed House.
Dec. 11, considered and passed Senate, amended.
Dec. 13, House concurred in Senate amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Dec. 21, Presidential remarks.
<all>
Passed/agreed to in House: On passage Passed without objection.(text: CR H9359-9369)
On passage Passed without objection. (text: CR H9359-9369)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 612.
Measure laid before Senate by unanimous consent. (consideration: CR S7452)
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
Passed Senate with an amendment by Voice Vote.
Message on Senate action sent to the House.
Mr. Lewis (MN) asked unanimous consent that the House agree to the Senate amendment.
Mr. Lewis (MN) asked unanimous consent to take from the Speaker's Table and agree to the Senate amendment. (consideration: CR H10175-10184)
Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to without objection.(text as House agreed to Senate Amendment: CR H10175-10184)
Enacted as Public Law 115-385
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On motion that the House agree to the Senate amendment Agreed to without objection. (text as House agreed to Senate Amendment: CR H10175-10184)
Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 115-385.
Became Public Law No: 115-385.