To amend the Juvenile Justice and Delinquency Prevention Act of 1974 with respect to juveniles who have committed offenses, and for other purposes.

Summary: Juvenile Justice Improvement Act of 2008 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to: (1) revise and add definitions under such Act relating to the treatment of juveniles held in custody while awaiting trial for criminal offenses; (2) require state plans under such Act to separate juveniles from the adult prison population, eliminate the use of dangerous practices used for holding juveniles in custody, and provide training of prison staff on techniques for effective behavior management of juvenile offenders; (3) provide incentive grants to states to adopt programs for the mental health treatment needs of juveniles in custody and for the placement of such juveniles in the least restrictive detention or correctional settings; and (4) prohibit the placement of juveniles who have not been charged with adult criminal offenses in secure detention or correctional facilities.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Juvenile Justice Improvement Act of 
2008''.

SEC. 2. DEFINITIONS.

    Section 103 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5603) is amended--
            (1) in paragraph (25) by inserting ``, including sight or 
        sound,'' after ``incarceration'',
            (2) by amending paragraph (26) to read as follows:
            ``(26) the term `adult inmate' means an individual who--
                    ``(A) has reached the age of full criminal 
                responsibility under applicable State law; and
                    ``(B) has been arrested and is in custody for or 
                awaiting trial on a criminal charge, or is convicted of 
                a criminal charge offense; excluding individuals who 
                are--
                            ``(i) younger than the age of full criminal 
                        responsibility under applicable State law at 
                        the time of the criminal charge offense; or
                            ``(ii) younger than the maximum age of 
                        extended juvenile jurisdiction applicable under 
                        State law; and
                            ``(iii) have been committed to the care and 
                        custody of a juvenile correctional facility by 
                        a court of competent jurisdiction or by 
                        operation of State law.'',
            (3) in paragraph (28) by striking ``; and'' at the end,
            (4) in paragraph (29) by striking the period at the end and 
        inserting a semicolon, and
            (5) by adding at the end the following:
            ``(30) the term `restraint' means a chemical or medical 
        agent, physical force technique, or mechanical device that 
        restricts movement;
            ``(31) the term `chemical agent' means a spray used to 
        temporarily incapacitate a person, such as oleoresin capsicum 
        spray, tear gas, or 2-chlorobenzalmalononitrile gas (CS gas);
            ``(32) the term `seclusion' means any instance in which a 
        youth is confined alone for more than 15 minutes, including in 
        an unlocked or locked room, specialized unit or other area of 
        isolation, segregation, or room time;
            ``(33) the term `evidence based' means a program that is 
        demonstrated with relative evidence, normed and validated for a 
        diverse population, to be either--
                    ``(A) exemplary, such that it is implemented with a 
                high degree of fidelity and demonstrates robust 
                empirical findings using a reputable conceptual 
                framework and an experimental evaluation design of the 
                highest quality (a random assignment control trial); or
                    ``(B) effective, such that it is implemented with 
                sufficient fidelity that it demonstrates adequate 
                empirical findings using a sound conceptual framework 
                and a quasi-experimental evaluation design of high 
                quality (comparison group without random assignment 
                control group);
            ``(34) the term `promising' means a program that 
        demonstrates effectiveness using reasonable, limited findings, 
        and that has underway a more appropriate evaluation that meets 
        the criteria set forth in paragraph (33)(A) for determining 
        evidence-based programs; and
            ``(35) 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, and it includes the use of chemical 
        agents; choking; blows to the head; twisting body parts against 
        joints or other techniques that rely on infliction of pain to 
        secure compliance; restraint to fixed objects; restraint in any 
        manner that creates risk of asphyxiation; use of belly belts or 
        chains on pregnant girls; use of four-point or five-point 
        restraints, straightjackets or restraint chairs, except for 
        medical or mental health purposes specifically related to the 
        safety of the youth, and under the direct supervision of 
        medical or mental health personnel, use of psychotropic 
        medication without adherence to professional standards 
        regarding dosage, or for purposes of coercion, punishment, or 
        convenience of staff; and use of physical force, chemical 
        agents, or mechanical restraints for purposes of coercion, 
        retaliation, punishment, or convenience of staff; and 
        prolonged, forced physical exercise.''.

SEC. 3. STATE PLAN.

    Section 223(a) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5633(a)) is amended--
            (1) in paragraph (8) by striking ``existing'' and inserting 
        ``proven effective'',
            (2) in paragraph (9)(L)(i) by striking ``restraints'' and 
        inserting ``requirements'',
            (3) in paragraph (27) by striking ``and'' at the end,
            (4) in paragraph (28) by striking the period at the end and 
        inserting a semicolon, and
            (5) by adding at the end the following:
            ``(29) provide that, within 4 years of the date of 
        enactment of this paragraph, juveniles treated as adults for 
        purposes of prosecution in criminal court and juveniles 
        prosecuted as adults in criminal court may not be held in a 
        jail or lockup for adults while such juveniles are awaiting 
        trial on a criminal charge;
            ``(30) provide that, within 4 years of the date of 
        enactment of this paragraph, juveniles treated as adults for 
        purposes of prosecution in criminal court and juveniles 
        prosecuted as adults in criminal court may not be within sight 
        or sound contact of adult inmates when held in the custody of 
        the criminal court awaiting trial or other legal process; and
            ``(31) provide that the State will--
                    ``(A) develop policies and procedures to eliminate 
                the State-supported use of dangerous practices with 
                juveniles in the custody of State or local secure 
                detention and correctional facilities and residential 
                treatment centers;
                    ``(B) increase the State's efforts to operate 
                facilities and programs that are safe for youth and 
                staff, through effective behavior management systems 
                that clearly communicate incentives and sanctions to 
                increase appropriate behavior and decrease 
                inappropriate behavior, and which are implemented 
                through a continuum of responses that begin with verbal 
                de-escalation and that only allow for use of the most 
                punitive responses as a last resort;
                    ``(C) increase the State's efforts to provide 
                training for facility staff on effective techniques for 
                effective behavior management, de-escalation and crisis 
                intervention, adolescent development, safe physical 
                control techniques, developmental disabilities, mental 
                health disorders, and cultural competence; and
                    ``(D) increase the State's efforts to develop 
                engaging, effective programming, and establish safe 
                staffing levels in secure detention and correctional 
                facilities.''.

SEC. 4. PROMOTING ALTERNATIVES TO INCARCERATION.

    Section 222 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5632) is amended by adding at the end the following:
    ``(e) Incentive Grants.--
            ``(1) Incentive grants funds.--The Administrator shall make 
        grants totaling at least 5 percent of the funds appropriated 
        for this part in each fiscal year as incentive grants to 
        States. The Administrator shall make such incentive grants 
        consistent with the provisions of subsection (a), and shall 
        condition such grants upon--
                    ``(A) the State's support for evidence-based or 
                promising programs, prioritizing programs that address 
                the mental health treatment needs of juveniles;
                    ``(B) the State's support of reforms that reduce or 
                eliminate the State-supported use of dangerous 
                practices;
                    ``(C) the State's support for reforms that ensure 
                that seclusion in secure detention or correctional 
                facilities is limited to situations in which seclusion 
                is the least restrictive measure sufficient to address 
                a youth's danger to self or others, used only for the 
                amount of time necessary and is terminated when there 
                is no longer an immediate danger to the youth or 
                others, or imposed only after applicable due process; 
                and
                    ``(D) the demonstration by the State of an 
                improvement of public safety and rehabilitation of 
                delinquent and at-risk youths.
            ``(2) The State shall make the demonstration required by 
        paragraph (1)(D) by using accurate and reliable data reported 
        annually showing both--
                    ``(A) a reduction in either recidivism or offenses 
                by youths under age 18, using arrest data; and
                    ``(B) either--
                            ``(i) an increase in the use of least 
                        restrictive placement for juveniles as 
                        appropriate for community safety;
                            ``(ii) an increase in the safety of youths 
                        in the delinquency or criminal justice system; 
                        or
                            ``(iii) a decrease in racial and ethnic 
                        disparities in the delinquency system.''.

SEC. 5. REMOVING THE VALID COURT ORDER EXCEPTION FOR STATUS OFFENDERS.

    Section 223(a)(11) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5633(a)(11)) is amended--
            (1) by striking ``shall'', and
            (2) by amending subparagraph (A) to read as follows:
                    ``(A) juveniles who are charged with or who have 
                committed an offense that would not be criminal if 
                committed by an adult, excluding juveniles who are 
                charged with or who have committed a violation of 
                section 922(x)(2) of title 18, United States Code, or 
                of a similar State law, shall not be placed in secure 
                detention facilities or secure correctional facilities; 
                and''.