89–010 

Calendar No. 243 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–280 

JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

REAUTHORIZATION ACT OF 2009 

AUGUST 5, 2010.—Ordered to be printed 

Mr. LEAHY, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany S. 678] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to which was referred the bill 

(S. 678), to reauthorize and improve the Juvenile Justice and Delinquency Prevention Act of 1974, and for other purposes, having 

considered the same, reports favorably thereon, with an amendment, and recommends that the bill, as amended, do pass. 

CONTENTS 

Page 

I. Background and Purpose of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009 ........................................................ 2 

II. History of the Bill and Committee Consideration ....................................... 7 

III. Section-by-Section Summary of the Bill ...................................................... 9 

IV. Congressional Budget Office Cost Estimate ................................................ 15 

V. Regulatory Impact Evaluation ...................................................................... 17 

VI. Conclusion ...................................................................................................... 17 

VII. Minority Views ............................................................................................... 18 

VIII. Changes to Existing Law Made by the Bill, as Reported ........................... 27 


smartinez on DSKB9S0YB1PROD with REPORTS
2 

1Sharon Cohen, ‘‘Prosecuting Kids as Adults: Some States Ponder Changes,’’ Associated Press, 

Dec. 1, 2007. 

I. BACKGROUND AND PURPOSE OF THE JUVENILE JUSTICE AND

DELINQUENCY REAUTHORIZATION ACT OF 2009 

A. BACKGROUND AND NEED FOR THE LEGISLATION

The Juvenile Justice and Delinquency Prevention Reauthorization Act (JJDPA or ‘‘the Act’’) sets out Federal policy and standards 

and authorizes key Federal resources for States to improve their 

juvenile justice systems and for communities to develop programs 

to prevent juveniles from entering the juvenile justice system in 

the first place. For this reauthorization, the Committee has reexamined Federal juvenile justice policy in light of new studies and 

evidence that have emerged since the last reauthorization in 2002. 

In setting new Federal standards and refining existing ones, the 

Committee has also been guided by changes that States have been 

making to their own juvenile justice systems. As one commentator 

noted on the critical issue of whether to place juveniles in adult 

jails: 

States are rethinking and, in some cases, retooling juvenile sentencing laws. They’re responding to new research 

on the adolescent brain, and studies that indicate teens 

sent to adult court end up worse off than those who are 

not: They get in trouble more often, they do it faster and 

the offenses are more serious.1

Building on the States’ juvenile justice experiences, this bill 

makes several changes to the Act that reinforce what has been 

working in State juvenile justice systems, and changes what has 

not been working. It seeks to ensure that communities and State 

juvenile justice systems have the resources they need to prevent juvenile crime, to deal effectively with juvenile offenders in the system, and to ensure their successful reintegration into their communities. One principal goal of this reauthorization is to foster a return to the strong support for State and local law enforcement that 

Congress showed in the 1990s, as demonstrated by the Community 

Oriented Policing Services (COPS) Program and other key grant 

programs that contributed to historic declines in violent crime. Declining funding for these programs in recent years has contributed 

to a reversal of that trend and to recent increases in crime rates. 

Though rates of juvenile crime have continued to decrease, effective 

prevention programs have faced significant cuts in Federal support, 

creating a dangerous vacuum. This bill aims to reverse this trend 

and to help our communities implement programs proven to help 

juveniles turn their lives around. 

A careful examination of how to keep juveniles from entering or 

reentering the criminal justice system not only makes our communities safer by reducing the number of juveniles who go on to lives 

of crime as adults, but it also ensures that juveniles will lead safer 

and more fulfilling lives. For example, a recent study by the Centers for Disease Control and Prevention, led by an independent 

Task Force on Community Preventive Services, determined that 

children who are prosecuted as adults commit more crimes, and 

more serious crimes, when they are released than children with 


smartinez on DSKB9S0YB1PROD with REPORTS
3 

2 Robert Hahn, Ph.D., et al., ‘‘Effects on Violence of Laws Facilitating the Transfer of Youth 

from the Juvenile to the Adult Justice System: A Report on the Recommendations of Task Force 

on Community Preventive Services,’’ Centers for Disease Control and Prevention, Morbidity and 

Mortality Weekly Report (November 30, 2007), available at http://www.cdc.gov/mmwr/preview/ 

mmwrhtml/rr5609a1.htm. 3 Richard E. Redding, ‘‘Juvenile Transfer Laws: An Effective Deterrent to Delinquency?’’, Office of Juvenile Justice and Delinquency Prevention Office of Justice Programs Juvenile Justice 

Bulletin, Aug. 2008. 

similar histories who are kept in the juvenile justice system.2 Additionally, in August 2008, the Office of Juvenile Justice and Delinquency Prevention (OJJDP) at the U.S. Department of Justice released a bulletin on the transfer of youth to adult court.3 The 

OJJDP Bulletin found that laws making it easier to transfer youth 

to the adult criminal court system do not prevent youth from engaging in future criminal behavior and that youth transferred to 

the adult system are more likely to be rearrested and to reoffend 

than youth who committed similar crimes, but were retained in the 

juvenile justice system. After years of pressure to try more and 

more children as adults and to send them to adult jails and prisons, the Committee has considered carefully with this reauthorization whether that policy is working in the face of strong evidence 

to the contrary, and the fact that many States are moving toward 

reducing the number of youth tried as adults. This reauthorization 

takes steps to ensure that juveniles in States participating in 

JJDPA programs are not held pretrial in adult jails and lock-ups 

unless a judge finds, after carefully weighing all relevant factors, 

that it is in the interest of justice to incarcerate the youth in an 

adult facility. It makes these and other changes with appropriate 

respect for and deference to the varied policy choices, needs, and 

fiscal realities of the States. 

The Committee understands the importance of holding criminals 

accountable for their crimes. It also recognizes the importance of 

boosting support for State and local law enforcement and of balancing strong law enforcement with prevention programs aimed at 

keeping juveniles out of the criminal justice system. This reauthorization recognizes that some problems persist throughout the Nation’s juvenile justice systems, including disturbing episodes of mistreatment of children and the continuing disproportionate representation of youth of color in the juvenile justice system. It takes 

strong steps to address these concerns, and to encourage both the 

Office of Juvenile Justice and Delinquency Programs (OJJDP) at 

the Department of Justice and the States that receive Federal 

funds under the Act to search for ways to solve these troubling patterns and disparities and continue to build upon past successes. 

B. SIGNIFICANT CHANGES IN THIS REAUTHORIZATION

This bipartisan bill will strengthen the JJDPA by increasing 

Federal support to States for juvenile crime reduction and for improvement of State juvenile justice systems, and by encouraging 

important reforms. Among its most significant changes from the 

last reauthorization are increases in Federal funding for prevention, intervention and treatment programs designed to reduce the 

incidence of juvenile crime. These include increased funding for 

critical title V prevention programs to discourage juvenile contact 

with the justice system, such as after-school care and mentoring; 

increased funding to assist States in achieving and maintaining 


smartinez on DSKB9S0YB1PROD with REPORTS
4 

4See, e.g., Juvenile Detention Alternatives Initiative, Detention Reform Brief 1: Detention Reform: A Cost-Saving Approach, Annie E. Casey Foundation, available at http://www.aecf.org/ 

upload/PublicationFiles/jdailfacts1.pdf. (2007); and Cohen, Mark A. and Piquero, Alex R., New 

Evidence on the Monetary Value of Saving a High Risk Youth, Vanderbilt Law and Economics 

Research Paper No. 08–07, available at SSRN: http://ssrn.com/abstract=1077214. (December 

2007). 5Stephen Bates Billick, (Past) Chairman of the American Psychiatric Association Corresponding Committee on Juvenile Justice Issues, Letter to the Editor, New York Times, Dec. 4, 

2007. 6The bill also encourages States to provide more services to juvenile inmates with disabilities—a problem recently highlighted in a New York Times editorial. See ‘‘Writing Off Disabled 

Children,’’ Editorial, The New York Times, Aug. 9, 2008 (noting that Texas public education deficiencies in treating students with disabilities leads to higher numbers of disabled children in 

the State juvenile justice system). 7Marion Wright Edelman, ‘‘Juveniles Don’t Belong in Adult Prisons,’’ Children’s Defense 

Fund, Child Watch Column, Aug. 1, 2008. 8Puzzanchera, C., Sladky, A. and Kang, W. (2008). ‘‘Easy Access to Juvenile Populations: 

1990–2007.’’ Online. Available: http://www.ojjdp.ncjrs.gov/ojstatbb/ezapop/; Sickmund, Melissa, 

Sladky, T.J., and Kang, Wei. (2008) ‘‘Census of Juveniles in Residential Placement Databook.’’ 

Online. Available: http://www.ojjdp.ncjrs.gov/ojstatbb/cjrp/; West, H., Sabol, W. (2009) ‘‘Prison Inmates at Midyear 2008—Statistical Tables.’’ Online. Available: http://bjs.ojp.usdoj.gov/content/ 

pub/pdf/pim08st.pdf. 

compliance with the JJDPA’s goals and particularly its core requirements; and the promotion of evidence-based and promising 

practices to ensure that Federal dollars have maximum impact. 

While these initiatives are not inexpensive if fully funded, they 

should save money in the long term by decreasing juvenile recidivism, reducing the number of children that enter the juvenile justice system and the adult criminal justice system, and increasing 

the number of children that become productive members of society.4

This bill also encourages States to make critical new improvements to their juvenile justice systems. For example, the bill places 

significant new emphasis on the crucial issues of mental health 

and substance abuse, including expanding the allowable use of 

grant funds for mental health and substance abuse training and 

treatment, encouraging States to focus more on identifying and 

meeting youths’ mental health and substance abuse needs, and providing new incentive grants for these purposes. A recent letter to 

the editor of the New York Times aptly summed up the dangers of 

leaving children in need of mental health care untreated: ‘‘children 

with psychiatric disorders were twice as likely to be involved in the 

criminal justice system as young adults than children with no disorder . . . [y]et less than half of children with multiple psychiatric 

disorders receive any mental health services.’’ 5 This bill seeks to 

fill this gap by providing new directives to States, together with 

new authorizations to implement these directives.6

The reauthorization encourages States to continue working toward reducing racial and ethnic disparities in the juvenile justice 

systems. Marian Wright Edelman, President of the Children’s Defense Fund, has noted that ‘‘Black and Latino teens end up in adult 

facilities in numbers disproportionately higher than their representation in the general population.’’ 7 In 2008, approximately 70% of 

the youth incarcerated in juvenile facilities and adult jails and prisons were Black or Latino even though they make up only 30% of 

the general youth population.8 In their landmark report, And Justice for Some, the National Council on Crime and Delinquency recognized that youth of color face a ‘‘cumulative disadvantage’’ in the 

justice system (where the disparities grow deeper as youth continue 


smartinez on DSKB9S0YB1PROD with REPORTS
5 

9 And Justice for Some: Differential Treatment of Youth of Color in the Justice System (January 2007), The National Council on Crime and Delinquency. Retrieved from: www.nccdcrc.org/ 

nccd/pubs/2007janljusticelforlsome.pdf. 10 In this reauthorization, the Committee defines ‘‘restraints’’ and ‘‘dangerous practices.’’ The 

term ‘‘unreasonable restraints’’ means the excessive use of restraints or the use of restraints not 

reasonably calculated to meet legitimate correctional needs in managing juvenile detention facilities. Examples of ‘‘dangerous practices’’ would include, but not be limited to: hogtying; the 

use of four- or five-point restraints; choking; the use of belly belts or belly chains on pregnant 

females; sexual misconduct; the use of psychotropic medication without adherence to appropriate 

medical standards regarding dosage or for purposes unrelated to medical treatment such as coercion, punishment or convenience; and the unreasonable use of restraints on a female who is 

in labor, is delivering a baby, or is in post-delivery recuperation. The Committee does not intend 

to prevent correctional officers from using reasonable physical force or, in exceptional circumstances, chemical agents as a matter of last resort, in order to meet legitimate correctional 

needs in managing juvenile detention facilities, nor does the Committee intend to prevent correctional officers from using other reasonable techniques that are necessary to protect the safety 

of inmates, officers, or staff. 11 Allen J. Beck, Ph.D., et al., Sexual Victimization in Juvenile Facilities Reported by Youth, 

2008–09, Bureau of Justice Statistics, Special Report, January 2010, at 1, 3. 12 And Justice for Some: Differential Treatment of Youth of Color in the Justice System (January 2007), The National Council on Crime and Delinquency. (January, 2007). 13 National Prison Rape Elimination Commission Report (June 2009), at 18. 

through the justice system).9 Since many data systems fail to 

disaggregate ethnicity from race, data on the extent to which young 

people of color are overrepresented in the juvenile justice system 

are generally underreported. The bill seeks to address this troubling trend by asking States to take concrete steps to reduce these 

disparities. 

The bill further encourages States to devise strategies to eliminate the incidence of dangerous practices, unreasonable restraints, 

and isolation of juveniles through the increased use of training and 

best practices.10 A recent study by the Bureau of Justice Statistics, 

entitled Sexual Victimization in Juvenile Facilities Reported by 

Youth, 2008–09, found that 10.3% of youth in state juvenile facilities and large non-state facilities reported experiencing sexual victimization by facility staff, and another 2.6% reported sexual victimization by another youth within the past year.11

This legislation also places commonsense limits on the pretrial 

detention of juveniles in adult jails and lock-ups and the detention 

of juveniles for status offenses. Many national organizations, including the American Correctional Association, the Council of Juvenile Correctional Administrators, the American Jail Association, 

and the National Association of Counties have policies against placing youth in adult jails. Youth held in adult jails and lock-ups are 

at great risk of physical and sexual abuse and 19 times more likely 

to commit suicide than youth held in juvenile facilities.12 Indeed, 

the National Prison Rape Elimination Commission recently found 

that ‘‘more than any other group of incarcerated persons, youth incarcerated with adults are probably at the highest risk for sexual 

abuse’’ and recommended that youth be housed separately from 

adults.13 Adult facilities are also generally less well-equipped to 

meet the educational and other specialized needs of youth. Under 

this bill, juveniles charged as adults may not be placed in a jail or 

lockup or have any contact with adult inmates without a hearing. 

A judge must consider meaningful factors and make detailed written findings to ensure that such placement is ‘‘in the interest of 

justice.’’ This process is intended to ensure that the particular 

needs of juveniles are taken into account and that youth are not 

unduly exposed to the risks of being housed with adults. Similarly, 

the bill ensures that ‘‘status offenders’’—juveniles arrested for offenses that would not be criminal if committed by adults (e.g., runVerDate Mar 15 2010 06:33 Aug 12, 2010 Jkt 089010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR280.XXX SR280

smartinez on DSKB9S0YB1PROD with REPORTS
6 

14William E. Copeland, Ph.D., et al., Childhood Psychiatric Disorders and Young Adult Crime: 

A Prospective, Population-Based Study, 164 American Journal of Psychiatry, 1668–75, November 2007. 15Kathleen R. Skowyra et al., Mental Health Screening within Juvenile Justice: The Next 

Frontier, National Center for Mental Health and Juvenile Justice (2008). 16Federal Advisory Committee on Juvenile Justice, ‘‘Annual Report 2007’’, Aug. 2007, at 9. 

aways, truants)—are not placed in secure detention unless specific 

findings are made by a judge; establishes strict time limits on the 

length of detention; and calls on States to eliminate within three 

years the use of valid court orders to place status offenders in secure detention. 

Recent research also demonstrates that a large number of youth 

involved in the juvenile justice system are in need of mental health 

services. The American Journal of Psychiatry has published a report finding that children with psychiatric disorders were twice as 

likely to be involved with the criminal justice system as those without a disorder.14 According to the most recent statistics from the 

National Center for Mental Health and Juvenile Justice, approximately 65 to 70 percent of youth placed in the juvenile justice system can be diagnosed with a mental health disorder, and one in 

five of these youths have severe mental health problems.15 Moreover, in the most recent report from the Federal Advisory Committee on Juvenile Justice, 30 States identified mental health 

treatment for youth in the juvenile justice system to be a major 

concern.16 The number of children with mental health issues detained in juvenile facilities is truly disturbing and a meaningful response is long overdue. The bill, as amended, authorizes important 

grants to support State efforts to conduct a mental health screening for detained juveniles within 24 hours of detention, the period 

when juveniles are at the highest risk of suicide. These provisions 

receive the strong support of the American Academy of Pediatrics, 

Human Rights Watch and the Mental Health Liaison Group, representing more than 50 national, professional, research, voluntary, 

health, consumer, family and citizen advocacy organizations concerned about mental health and addiction disorders. 

Finally, the bill reaffirms and strengthens the Federal-State 

partnership. It supports States’ efforts to comply with JJDPA core 

requirements by making funds withheld due to noncompliance 

available to States as improvement grants meant to enable States 

to become compliant. It also strengthens research and technical assistance by the OJJDP to encourage States to adopt best practices, 

encourages agencies to look for community-based alternatives, expands training and technical assistance to ensure that the most effective programs and practices are implemented around the country, and increases transparency by making State plans and OJJDP 

decisionmaking publicly available. 

This bipartisan bill enjoys the support of numerous law enforcement and children’s advocacy groups, including the Children’s Defense Fund, the National Juvenile Justice & Delinquency Prevention Coalition, the National Juvenile Justice Network, Fight Crime: 

Invest in Kids, the American Legion, the National Association of 

Counties, the Coalition for Juvenile Justice, and the Council of Juvenile Correctional Administrators. 


smartinez on DSKB9S0YB1PROD with REPORTS
7 

17Testimony of Anne Marie Ambrose, Reauthorization of the Juvenile Justice and Delinquency Prevention Act: Protecting Our Children and Our Communities, Before the Senate 

Comm. on the Judiciary, 110th Cong. (2007), available at http://judiciary.senate.gov/hearings/ 

testimony.cfm?id=3043&witlid=6804. 18Testimony of Shay Bilchik, Reauthorization of the Juvenile Justice and Delinquency Prevention Act: Protecting Our Children and Our Communities, Before the Senate Comm. on the Judiciary, 110th Cong. (2007), available at http://judiciary.senate.gov/hearings/testimony.cfm? 

id=3043&witlid=6802. 19Testimony of Richard Miranda, Reauthorization of the Juvenile Justice and Delinquency 

Prevention Act: Protecting Our Children and Our Communities, Before the Senate Comm. on 

the Judiciary, 110th Cong. (2007), available at http://judiciary.senate.gov/hearings/testimony.cfm? id=3043&witlid=6805. 20Transcript of Hearing at 41, Reauthorization of the Juvenile Justice and Delinquency Prevention Act: Protecting Our Children and Our Communities, Before the Senate Comm. on the 

Judiciary, 110th Cong. (2007). 

II. HISTORY OF THE BILL AND COMMITTEE CONSIDERATION

A. INTRODUCTION OF THE BILL

Senators Leahy, Specter, Kohl, and Durbin introduced S. 678, 

the Juvenile Justice and Delinquency Prevention Reauthorization 

Act of 2009, on March 24, 2009. The bill was referred to the Committee on the Judiciary. Since the bill’s introduction, Senators 

Cardin, Collins, Franken, Snowe, Merkley, Burris, and Landrieu 

have joined as cosponsors. 

B. COMMITTEE CONSIDERATION

On December 5, 2007, Senator Leahy chaired a Committee hearing on ‘‘Reauthorization of the Juvenile Justice and Delinquency 

Prevention Act: Protecting Our Children and Our Communities.’’ 

The witnesses were Anne Marie Ambrose, Director of Child Welfare and Juvenile Justice Services, Pennsylvania Department of 

Public Welfare; Shay Bilchik, Founder and Director, Center for Juvenile Justice Reform, Georgetown University Public Policy Institute; J. Robert Flores, Administrator, Office of Juvenile Justice and 

Delinquency Prevention, Office of Justice Programs, Department of 

Justice; Richard Miranda, Chief of Police for the City of Tucson, 

Arizona; and Deirdre Wilson Garton, Chair of the State Advisory 

Group for the State of Wisconsin. 

Anne Marie Ambrose emphasized in her testimony that ‘‘devastating cuts in Federal funding over the past few years have 

forced the [State Advisory Committee for Pennsylvania] to reevaluate our work and focus even more on prevention as well as on sustainability of the programs.’’ 17 Shay Bilchik, the former head of 

OJJDP, viewed ‘‘the recent uptick in juvenile arrests as a possible 

warning that we cannot safely continue to reduce our commitment 

to effective programming for at-risk and system involved juveniles 

if we are to sustain our progress and provide services at a level 

needed to give every youth the chance to succeed and become a productive and law-abiding citizen.’’ 18 Tucson Chief of Police Richard 

Miranda emphasized the need to clarify the disproportionate minority representation provisions of the JJDPA because the current 

standards are ‘‘vague.’’ 19 He added, ‘‘I just can’t arrest away our 

problems. There have to be other alternatives, there have to be 

other processes to get these kids on the right track.’’ 20

Deirdre Wilson Garton urged the Committee to ‘‘substantially increase the training and technical assistance provided to States and 

communities that will help them embrace evidence-based delinquency prevention programs and intervention programs that 


smartinez on DSKB9S0YB1PROD with REPORTS
8 

21Testimony of Deirdre Wilson Garton, Reauthorization of the Juvenile Justice and Delinquency Prevention Act: Protecting Our Children and Our Communities, Before the Senate 

Comm. on the Judiciary, 110th Cong. (2007), available at http://judiciary.senate.gov/hearings/ 

testimony.cfm?id=3043&witlid=6803. 22Testimony of J. Robert Flores, Reauthorization of the Juvenile Justice and Delinquency Prevention Act: Protecting Our Children and Our Communities, Before the Senate Comm. on the 

Judiciary, 110th Cong. (2007), available at http://judiciary.senate.gov/hearings/testimony.cfm? 

id=3043&witlid=6801. 

work.’’ 21 And J. Robert Flores, then the head of OJJDP, acknowledged that ‘‘much remains to be done to prevent, intervene in, and 

treat delinquent behavior.’’ 22

On December 17, 2009, the Committee on the Judiciary considered S. 678. Senator Leahy offered an amendment, in the nature 

of a substitute, which was adopted by unanimous consent. This 

amendment made a number of changes to clarify and strengthen 

the bill. 

Senator Feingold offered an amendment to include in the bill the 

Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods Act of 2009 (PRECAUTION Act), which creates a commission to evaluate evidencebased crime prevention and intervention strategies and develop 

recommendations for federal priorities in crime prevention, research and development. The amendment was accepted by voice 

vote. 

Senator Durbin offered an amendment to authorize competitive 

funding to community-based organizations that provide an integrated continuum of services and programs to prevent, control, or 

reduce juvenile delinquency. The amendment was accepted by voice 

vote. 

Senator Grassley offered an amendment to require an audit of 

OJJDP as well as grantees that receive funding from OJJDP. This 

amendment was accepted on a roll call vote, with opposing Senators expressing concerns that the proposed audit appeared to duplicate oversight requirements already in the bill, to unnecessarily 

tax scarce State resources, and to inappropriately question the existence of key juvenile justice programs. The vote record is as follows: 

Tally: 10 Yeas, 9 Nays 

Yeas (10): Kohl (D–WI), Whitehouse (D–RI), Klobuchar (D–MN), 

Sessions (R–AL), Hatch (R–UT), Grassley (R–IA), Kyl (R–AZ), 

Graham (R–SC), Cornyn (R–TX), Coburn (R–OK). 

Nays (9): Feinstein (D–CA), Feingold (D–WI), Specter (D–PA), 

Schumer (D–NY), Durbin (D–IL), Cardin (D–MD), Kaufman (D– 

DE), Franken (D–MN), Leahy (D–VT). 

Senator Sessions offered an amendment that would have made 

it easier to prosecute youth under the age of 18 as adults in Federal courts. Under current Federal transfer law, an adult court 

judge determines on a case-by-case basis whether it is ‘‘in the interest of justice’’ to charge a youth in adult court. However, this 

amendment would have given prosecutors—instead of judges—the 

unreviewable discretion to decide whether to prosecute youth as 

adults for certain Federal crimes, including attempting or conspiring to commit these crimes and any related crimes. 

This amendment was rejected on a roll call vote, with opposing 

Senators expressing concerns that judicial review is a critical comVerDate Mar 15 2010 06:33 Aug 12, 2010 Jkt 089010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR280.XXX SR280

smartinez on DSKB9S0YB1PROD with REPORTS
9 

23 Committee amendments are described separately in Section II.B, supra. 

ponent in making a decision to prosecute youth as adults. The vote 

record is as follows: 

Tally: 6 Yeas, 13 Nays 

Yeas (6): Schumer (D–NY), Sessions (R–AL), Kyl (R–AZ), Graham 

(R–SC), Cornyn (R–TX), Coburn (R–OK). 

Nays (13): Kohl (D–WI), Feinstein (D–CA), Feingold (D–WI), 

Specter (D–PA), Durbin (D–IL), Cardin (D–MD), Whitehouse (D– 

RI), Klobuchar (D–MN), Kaufman (D–DE), Franken (D–MN), 

Hatch (R–UT), Grassley (R–IA), Leahy (D–VT). 

The Committee then voted to report the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009, as amended, favorably to the Senate. The Committee proceeded by roll call vote 

as follows: 

Tally: 12 Yeas, 7 Nays 

Yeas (12): Kohl (D–WI), Feingold (D–WI), Specter (D–PA), Schumer (D–NY), Durbin (D–IL), Cardin (D–MD), Whitehouse (D–RI), 

Klobuchar (D–MN), Kaufman (D–DE), Franken (D–MN), Grassley 

(R–IA), Leahy (D–VT). 

Nays (7): Feinstein (D–CA), Sessions (R–AL), Hatch (R–UT), Kyl 

(R–AZ), Graham (R–SC), Cornyn (R–TX), Coburn (R–OK). 

C. ADMINISTRATION VIEWS

On April 15, 2010, in a letter from Assistant Attorney General 

Ronald Weich to Chairman Leahy, the Department of Justice indicated that it ‘‘strongly supports’’ reauthorization of the Juvenile 

Justice and Delinquency Prevention Act, and the key improvements made by this bill. 

III. SECTION-BY-SECTION SUMMARY OF THE BILL 23

Section 1. Short title 

This section cites the short title of the Act as the ‘‘Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009.’’ 

Section 2. Table of contents 

This section provides the table of contents for the Act. 

Section 101. Findings 

This section contains congressional findings supporting the need 

for reauthorization. 

Section 102. Purposes 

This section contains the Act’s purposes, including a new purpose 

to support a continuum of programs including delinquency prevention, intervention, mental health and substance abuse treatment, 

and aftercare, to address the needs of at-risk youth and youth who 

come into contact with the justice system. 

Section 103. Definitions 

This section amends certain existing definitions, and adds several new definitions. The term ‘‘adult inmate’’ is amended to give 

States the authority to retain youth who are placed in juvenile facilities after they reach the maximum age of extended jurisdiction. 


smartinez on DSKB9S0YB1PROD with REPORTS
10 

The section also defines the following terms for the first time: ‘‘core 

requirements;’’ ‘‘chemical agent;’’ ‘‘isolation;’’ ‘‘restraint;’’ ‘‘evidence 

based;’’ ‘‘promising;’’ and ‘‘dangerous practice.’’ 

Section 201. Concentration of Federal efforts 

This section clarifies the date on which the Administrator must 

issue the annual plan for coordinating Federal juvenile justice efforts. 

Section 202. Coordinating Council on Juvenile Justice and Delinquency Prevention 

This section provides for the addition of several members to the 

Coordinating Council on Juvenile Justice and Delinquency Prevention, including individuals from the mental health fields. 

Section 203. Annual report 

This section modifies several existing reporting requirements in 

the OJJDP Administrator’s annual report, including requiring data 

on conditions of confinement (isolation and restraints), incarceration of pregnant juveniles, release from custody, and status offenders. 

This section also requires that the Administrator include a description of the criteria used to determine what programs qualify 

as evidence-based and promising programs under JJDPA titles II 

and V, and a comprehensive list of those programs that have been 

determined to meet the criteria, as well as a description of funding 

provided to Indian tribes under this Act. 

Section 204. Allocation of funds 

This section clarifies that funds should be allocated to States 

under the Juvenile Justice and Delinquency Prevention Act 

(JJDPA) based on the most recent census data available. 

This section authorizes the reinvestment of funds withheld due 

to noncompliance with one or more of the core requirements as an 

‘‘incentive grant’’ aimed at helping States to regain compliance. It 

also requires that the Administrator provide support and technical 

assistance to the States in achieving and maintaining compliance 

with the Act. 

Section 205. State plans 

This section makes a number of changes to the information that 

participating States must include in their State plans. 

Specifically, this section requires States to publicly disclose their 

State plan online within 30 days of its approval by the Administrator. 

This section changes the composition of the State advisory group 

to include volunteers who work with delinquent youth or youth at 

risk of delinquency, including volunteers who work with youth of 

color, the State’s Runaway and Homeless Youth Act executive director, persons with expertise and competence in preventing and 

addressing mental health or substance abuse problems in juvenile 

delinquents and those at risk of delinquency, and representatives 

of victim or witness advocacy groups. 

This section requires States to inform stakeholders about the 

State’s plan and compliance with the core requirements. In addiVerDate Mar 15 2010 06:33 Aug 12, 2010 Jkt 089010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR280.XXX SR280

smartinez on DSKB9S0YB1PROD with REPORTS
11 

tion, the plan must also provide alternatives to detention, including 

diversion to home-based detention or community-based services or 

treatment for those youth in need of mental health, substance 

abuse, or co-occurring disorder services at the time the juvenile 

first came into contact with the juvenile justice system. And it 

must include a plan to reduce the number of children housed in 

secure detention and corrections facilities who are awaiting placement in residential treatment programs, a plan to encourage inclusion of family members in the design and delivery of juvenile delinquency prevention and treatment services, particularly post-placement, and a plan to use community-based services to address the 

needs of at-risk youth or youth who have come into contact with 

the juvenile justice system. 

This section ensures that States advisory groups use JJDPA 

funds for the provision of training, technical assistance and consultation with State and local juvenile justice and child welfare 

agencies to develop coordinated dependence and delinquency system plans for early intervention and treatment of youth who have 

a history of abuse, as well as those juveniles who have prior involvement with the juvenile justice system. JJDPA funds must also 

be used for programs to improve the recruitment, selection, training, and retention of professional personnel in the fields of medicine, law enforcement, 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. The funds must also go toward 

expanding access to publicly supported, court-appointed legal counsel and enhancing capacity for the competent representation of 

every child. 

This section encourages the use of community-based alternatives 

to secure detention. 

This section expands the jail removal and sight and sound requirements to keep youth awaiting trial in adult criminal court out 

of adult lock-ups and jails under certain circumstances. The section 

requires that a youth be placed in a juvenile facility unless a judge 

determines it is in the ‘‘interest of justice’’ for the youth to be held 

in an adult facility. The interest of justice shall be determined by 

looking at a variety of factors, including the age, physical and mental maturity of the juvenile, the nature and circumstances of the 

alleged offense, the relative ability of the available adult jails and 

lock ups and juvenile detention facilities to meet the specific needs 

of the juvenile, and the protection of the public among other relevant considerations. The procedural protections for juveniles 

charged as adults who are placed by judges in adult jails or lockups pre-trial are strengthened by, among other new protections, requiring the court to hold a review hearing at least every 30 days, 

if it determines that it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults or have contact with 

adult inmates. The juvenile may not be held for more than 180 

days unless the court, in writing, determines that there is a good 

cause exception. 

This section updates the Disproportionate Minority Contact core 

requirement by providing additional direction to States and localities on how to identify and reduce racial and ethnic disparities 

among youth who come into contact with the juvenile justice sysVerDate Mar 15 2010 06:33 Aug 12, 2010 Jkt 089010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR280.XXX SR280

smartinez on DSKB9S0YB1PROD with REPORTS
12 

tem and by mandating that community-based services are both culturally and linguistically competent. 

This section updates the Valid Court Order exception by ensuring that ‘‘status offenders’’—juveniles arrested for offenses that 

would not be criminal if committed by adults—are not placed in secure detention for longer than seven days, and that the order may 

not be renewed or extended. If a juvenile is taken into custody for 

violating a valid court order issued for committing a status offense, 

this section requires the court to identify the court order violation, 

specify the factual basis for the violation, and provide findings of 

fact that support a determination that there is no appropriate less 

restrictive alternative available with due consideration of the juvenile’s best interests. This section also requires states to eliminate 

within three years the use of valid court orders to provide secure 

detention of status offenders, and provides for one-year extensions 

of time for States that can demonstrate hardship. 

This section encourages States to ensure that records are shared 

between the juvenile justice system and the child welfare system 

for youth who have been abused or neglected. 

This section requires that the plan address mental health and 

substance abuse screening, assessment, referral, and treatment for 

juveniles in the juvenile justice system. The plan must also include 

development of policies and procedures, as well as training for 

staff, to eliminate the use of dangerous practices and unreasonable 

restraints and isolation. The plan should include development of effective behavior management techniques. 

This section creates new procedural safeguards to improve juvenile reentry services. The safeguards include, but are not limited 

to: a written case plan for each juvenile that describes pre-release 

and post-release programs; living arrangements after discharge 

and post-release support such as behavioral health care; and, as 

appropriate, a hearing that details the discharge plan for the juvenile that shall take place no earlier than 30 days before the scheduled release. 

This section requires States who are out of compliance with the 

Act to submit a report to the Administrator detailing the reasons 

for non-compliance and a plan to regain compliance. The report 

must be posted on a publicly available website. The Administrator 

must issue a public report detailing the determination of compliance and post it on a publicly available website. 

Under current law, OJJDP is empowered to take action against 

States that fail to comply with a core requirement ‘‘in the subsequent fiscal year.’’ This section strikes that limitation, and allows 

OJJDP to take action in the current fiscal year, if appropriate. 

Section 206. Authority to make grants 

This section amends the Administrator’s grant-making authority 

to add truancy prevention and reduction activities to the list of 

after-school programs that provide at-risk juveniles and juveniles 

in the system with a range of age-appropriate activities. Also added 

to the list are projects that support the establishment of 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. 


smartinez on DSKB9S0YB1PROD with REPORTS
13 

Section 207. Grants to Indian Tribes 

This section eliminates the requirement that an Indian tribe applying for a grant under the JJDPA be required to provide evidence 

that the applicant Indian tribe performs law enforcement functions 

(as determined by the Secretary of the Interior). 

Section 208. Research and evaluation; statistical analyses; information dissemination 

This section requires the Administrator to provide an annual 

written and publicly available plan to identify the purposes and 

goals of all programs carried out with funds. It also requires the 

Administrator to conduct research or evaluation relating to the 

prevalence and duration of behavioral needs, including mental 

health, substance abuse, and co-occurring disorders, among juveniles pre-placement and post-placement when held in the custody 

of secure detention and corrections facilities, including an examination of the effects of confinement. The research shall also include 

training efforts and reforms that have produced reductions in or 

elimination of the use of dangerous practices. Finally, the report 

shall include a description of the best practices in discharge planning and an assessment of living arrangements for juveniles who 

cannot return to the homes of the juveniles. 

This section requires the development of a National Recidivism 

Measure. It requires the Administrator to establish a uniform 

method of data collection and technology used to evaluate data on 

juvenile recidivism, establish a common national juvenile recidivism measure, and make cumulative juvenile recidivism data that 

is collected from States available to the public. 

This section also requires the Administrator to assess the effectiveness of the practice of treating juveniles as adults for purposes 

in criminal court and submit the findings and conclusions of the assessment to Congress and the President as well as to the public, 

and to conduct a study of adjudicated juveniles who have reintegrated into the community and publish a report on the outcomes. 

Section 209. Training and technical assistance 

This section compels the Administrator to, among other requirements, make publicly available his or her decision-making with respect to grants to States, provide for the development and promulgation of standards of practice for attorneys representing children, 

and ensure the adoption of these standards. 

The Administrator must also coordinate training and technical 

assistance programs with juvenile detention and corrections personnel of States and units of local government to promote evidencebased and promising methods for improving conditions of juvenile 

confinement, including those that are designed to minimize the use 

of dangerous practices, unreasonable restraints, and isolation, and 

to promote positive behavioral management techniques. 

Section 210. Incentive grants for state and local programs 

This section creates a new incentive grant program and sets 

forth activities that may receive incentive grant funding and the 

means by which States may apply for the grants. Permissible uses 

of incentive grant funds include increasing the use of evidencebased or promising prevention programs; improving the recruitVerDate Mar 15 2010 06:33 Aug 12, 2010 Jkt 089010 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\SR280.XXX SR280

smartinez on DSKB9S0YB1PROD with REPORTS
14 

ment, selection, training and retention of professional personnel; 

and the establishment of a partnership between juvenile justice 

agencies of a State or unit of local government and mental health 

authorities of State or unit of local government to enhance mental 

health and substance abuse services for juveniles. At least one-half 

of the funds allocated under this program must be authorized for 

evidence-based or promising programs, as those terms are now defined. 

Section 212. Authorization of appropriations 

This section sets authorization levels for the JJDPA title II pro- grams as follows: (A) $245,900,000 for fiscal year 2011; (B) 

$295,100,000 for fiscal year 2012; (C) $344,300,000 for fiscal year 

2013; (D) $393,500,000 for fiscal year 2014; and (E) $442,700,000 

for fiscal year 2015. 

This section also sets authorization levels for the new incentive 

grants program at $80,000,000 for each of fiscal years 2011, 2012, 

2013, 2014, and 2015. Of the sums appropriated for a fiscal year 

to carry out the incentive grants program, at least 40% of the funds 

shall be used for programs that are carrying out an activity described in subparagraph (C), (D), or (E) of section 271(b)(1). 

Section 213. Administrative authority 

This section strikes the word ‘‘requirements’’ as described in 

paragraphs (11), (12), and (13) of section 223(a), and replaces it 

with ‘‘core requirements.’’ 

Section 214. Authority for Federal pretrial services with respect to 

juveniles 

This section allows for Federal pretrial services to provide the 

same services to any juveniles assigned to them that they provide 

to adults. 

Section 215. Technical and conforming amendments 

This section makes several technical and conforming amendments. 

Section 301. Definitions 

This section adds a definition for the term ‘‘mentoring.’’ 

Section 302. Grants for delinquency prevention programs 

This section adds mentoring as an allowable use of JJDPA title 

V delinquency prevention programs. 

Section 303. Authorization of appropriations 

This section sets authorization levels for the JJDPA title V programs as follows: (1) $322,800,000 for fiscal year 2011; (2) 

$373,400,000 for fiscal year 2012; (3) $424,000,000 for fiscal year 

2013; (4) $474,600,000 for fiscal year 2014; and (5) $525,200,000 for 

fiscal year 2015. 


smartinez on DSKB9S0YB1PROD with REPORTS
15 

1Different time periods are relevant for enforcing pay-as-you-go rules. CBO estimates that enacting S. 678 would increase direct spending by $14 million over the 2010–2014 period, and by 

$24 million over the 2010–2019 period. 

Section 304. Technical and conforming amendments 

This section makes several technical and conforming amendments. 

IV. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

The Committee sets forth, with respect to the bill, S. 678, the following estimate and comparison prepared by the Director of the 

Congressional Budget Office under section 402 of the Congressional 

Budget Act of 1974: 

JANUARY 26, 2010. 

Hon. PATRICK J. LEAHY, 

Chairman, Committee on the Judiciary, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 678, the Juvenile Justice 

and Delinquency Prevention Reauthorization Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 678—Juvenile Justice and Delinquency Prevention Act of 2009 

Summary: S. 678 would authorize the appropriation of about 

$4.3 billion over the 2011–2015 period, mostly for the Department 

of Justice (DOJ) to make grants to state and local governments for 

programs to reduce juvenile delinquency and improve the juvenile 

justice system. In addition, the bill would authorize the appropriation of such sums as necessary for each fiscal year over the 2011– 

2015 period for juvenile delinquency block grants and state challenge grants. The bill also would appropriate $4.75 million annually over the 2011–2015 period from the DOJ Assets Forfeiture 

Fund for innovative crime and delinquency prevention programs 

and for a commission on public safety. 

Assuming appropriation of the necessary amounts, CBO estimates that implementing S. 678 would have discretionary costs of 

about $2.7 billion over the 2011–2015 period and another $2.1 billion in subsequent years. In addition, we estimate that enacting 

the legislation would increase direct spending by $19 million over 

the 2011–2015 period and by $24 million over the 2011–2020 period.1 Enacting the bill would not affect revenues. 

S. 678 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 678 is shown in the following table. The costs 

of this legislation fall within budget functions 750 (administration 

of justice) and 800 (general government). 


smartinez on DSKB9S0YB1PROD with REPORTS
16 

By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2011–2015 2011–2020 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Programs with Specified Funding Levels: 

Authorization Level ........................... 695 772 871 956 1,051 4,345 4,345 

Estimated Outlays ............................ 88 288 497 686 867 2,426 4,345 

Other Programs: 

Estimated Authorization Level .......... 95 97 100 103 106 499 499 

Estimated Outlays ............................ 12 38 62 83 100 295 499 

Total Changes: 

Estimated Authorization Level 790 868 971 1,059 1,157 4,844 4,844 

Estimated Outlays ................... 100 326 559 769 966 2,721 4,844 

CHANGES IN DIRECT SPENDING 

Spending from Assets Forfeiture Fund: 

Estimated Budget Authority ............. 5 5 5 5 5 24 24 

Estimated Outlays ............................ 1 3 5 5 5 19 24 

Note: Numbers may not sum to totals because of rounding. 

Basis of estimate: CBO assumes that S. 678 will be enacted during fiscal year 2010, that the authorized and estimated amounts 

will be appropriated near the start of each fiscal year and that 

spending will follow the historical spending patterns for those activities. 

Spending subject to appropriation 

CBO estimates that S. 678 would authorize the appropriation of 

about $4.8 billion over the 2011–2015 period for the juvenile justice 

and delinquency prevention programs covered by the bill. That 

total includes $4.3 billion specified in the bill for various programs 

and an estimated $500 million for juvenile justice block grants and 

state challenge grants. CBO estimated the cost of the block grants 

and challenge grants by adjusting the amounts appropriated for 

those programs for 2010 (about $91 million) for anticipated inflation. 

S. 678 also would direct the Government Accountability Office to 

conduct an evaluation and audit of the activities of the DOJ Office 

of Juvenile Justice Delinquency and Prevention. We estimate that 

the evaluation and audit would cost about $1 million. 

Direct spending 

For the first full fiscal year after the bill’s enactment and for 

each of the subsequent four fiscal years, S. 678 would appropriate 

$4.75 million from the Assets Forfeiture Fund for innovative crime 

and delinquency prevention programs and for a commission on 

public safety. CBO estimates that this provision would increase direct spending by about $24 million over the 2011–2017 period. 

Intergovernmental and private-sector mandates: S. 678 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Mark Grabowicz; Impact on state, local, 

and tribal Governments: Melissa Merrell; Impact on the private 

sector: Paige Piper/Bach. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 


smartinez on DSKB9S0YB1PROD with REPORTS
17 

V. REGULATORY IMPACT EVALUATION

In compliance with rule XXVI of the Standing Rules of the Senate, the Committee finds that no significant regulatory impact will 

result from the enactment of S. 678. 

VI. CONCLUSION

This legislation seeks to move the country in new directions to 

protect our communities and give our children the chance they 

need to grow up to be productive members of society. But the Committee was careful to do so with full respect for the discretion due 

to law enforcement and judges, with deference to States, and with 

a regard for difficult fiscal realities. 


smartinez on DSKB9S0YB1PROD with REPORTS
(18) 

1Office of the Inspector General, United States Dep’t of Justice, Top Mgmt. and Performance 

Challenges in the Dep’t of Justice (2007) available at http://www.usdoj.gov/oig/challenges/2007/ 

(last visited Sept. 5, 2008). 2 Id. 

3Office of the Inspector General, United States Dep’t of Justice, Top Mgmt. and Performance 

Challenges in the Dep’t of Justice (2008) available at http://www.justice.gov/oig/challenges/2008/ 

index.htm (last visited July 21, 2010). 

VII. MINORITY VIEWS

MINORITY VIEWS FROM SENATORS COBURN, KYL, AND 

SESSIONS 

The Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009 (S. 678) does not include any major reforms that 

address problems with grant management by the Office of Juvenile 

Justice and Delinquency Prevention (OJJDP). Together with the increased spending authorizations contained in S. 678, this reauthorization misses the mark when it comes to reforming grant management and ensuring that taxpayer dollars that are provided to juvenile justice grantees are free from fraud, waste, or abuse. 

The Department of Justice Office of the Inspector General (DOJ 

Inspector General) has labeled grant management as one of the top 

management and performance challenges at the Justice Department every year since 2000. For example, in 2007, the DOJ Inspector General found that ‘‘Department components that award grants 

still lack adequate financial and programmatic oversight of their 

varied grant programs . . . raising questions about how effectively 

these grant funds are being spent.’’ 1 The DOJ Inspector General 

also stated, ‘‘OIG audits continue to identify a variety of management concerns regarding the Department’s oversight of its grant 

programs, including problems in the grant closeout process, improper use of grant funds, difficulties in meeting grant objectives, 

and poor performance measurement of grant effectiveness.’’ 2

These findings have not improved in the last two years. In 2008, 

the DOJ Inspector General noted, ‘‘[f]or at least the past 8 years, 

the OIG has identified grant management as a significant challenge for the Department, not only in terms of making timely 

awards of grant funds, but also in maintaining proper oversight 

over grantees to ensure the funds are used as intended.’’ 3 In its 

2009 report, the DOJ Inspector General stated, ‘‘[i]n April 2009, 

the OIG released a report which also found significant deficiencies 

in how OJP’s Office of Juvenile Justice and Delinquency Prevention 

(OJJDP) awarded over $113 million in discretionary grants in FY 

2007. Our review found that OJJDP allocated $74 million of the 

$113 million it awarded that year for non-competitive grants or ‘‘invitational awards’ to 17 organizations after officials from the Office 


smartinez on DSKB9S0YB1PROD with REPORTS
19 

4Office of the Inspector General, United States Dep’t of Justice, Top Mgmt. and Performance 

Challenges in the Dep’t of Justice (2009) available at http://www.justice.gov/oig/challenges/ 

2009lchallenges.pdf#7 (last visited July 21, 2010). 5 Id. 

6Letter to Attorney General Mukasey from Senators Leahy, Specter, Mikulski, Kohl and Feinstein on the reauthorization of JJDPA, June 27, 2008. 

of the Attorney General, the White House, and Congress contacted 

OJP to lobby for non-competitive awards to certain organizations.’’ 4

‘‘With respect to the competitive awards OJJDP made in FY 

2007, we also found that OJJDP skipped several steps in its peer 

review process that are critical to ensuring that objective criteria 

are applied uniformly to all the applicants during the peer review 

process.’’ 5 In June 2008, Senators Leahy, Specter, Mikulski, Kohl 

and Feinstein sent a letter to Attorney General Mukasey noting 

the DOJ needed to provide information ‘‘in order to ensure that 

Congress has the information it needs to perform effective oversight of OJJDP, and to better inform the reauthorization of the 

JJDPA. . . .’’ 6 Yet, this letter was sent less than two weeks after 

Senator Leahy introduced the 2008 Juvenile Justice and Delinquency Prevention Act (JJDPA) Reauthorization. 

Before any legislation moves forward, bill sponsors should delay 

consideration of the bill until this committee has an opportunity to 

conduct further hearings on grant management and oversight of all 

DOJ divisions, specifically OJJDP. Although the Attorney General 

answered this 2008 letter, such response occurred only days before 

the 2008 markup, and included over 10,000 pages. 

Furthermore, even though this committee held a hearing in December 2007 addressing potential legislation reauthorizing the 

JJDPA, that hearing occurred prior to any allegations of misconduct within OJJDP and before discovering the additional problems identified by the DOJ Inspector General over the last two 

years. Thus, there have been no hearings to address the most recent problems within OJJDP. The audits and findings by the OIG 

should be addressed through hearings concentrating on grant management problems and solutions, and establishing metrics and 

standards for awarding grants before any further funding is provided to any division of the DOJ. Such hearings should especially 

occur before we pass S. 678, a large spending bill specifically funding OJJDP, which has already proven it cannot responsibly manage and award federal grants. If we authorize new spending, we 

should at least ensure the programs are working. While some important grant programs do exist, if we do not ensure proper controls exist, it is a recipe for disaster. 

In addition to the Department-wide problems associated with 

grant management, the DOJ Inspector General has conducted audits of individual grantees that receive funding from OJJDP under 

the JJDPA. These audits reveal a series of problems associated 

with grant management and performance and are evidence of the 

need for a comprehensive evaluation of OJJDP grant recipients. 

For example, a series of audit reports entered into the Committee 

hearing record at the July 31, 2008 mark-up show that grantees 

across the country from California to Florida had serious errors 

and failures in complying with program requirements. These audits 

found problems such as unauthorized expenditures by grantees, undocumented expenditures, unallowable costs, inadequate supVerDate Mar 15 2010 06:33 Aug 12, 2010 Jkt 089010 PO 00000 Frm 00019 Fmt 6604 Sfmt 6604 E:\HR\OC\SR280.XXX SR280

smartinez on DSKB9S0YB1PROD with REPORTS
20 

7Finklea, Kristin, Congressional Research Service, ‘‘Juvenile Justice: Legislative History and 

Current Legislative Issues,’’ January 14, 2010, RL33947, p. 21. 8 Id. at 20. 9 Id. at 21. 10 Id. at 22. 11 Id. 12 Id. at 20. 

porting documentation, untimely submission of documentations, 

subgrantees failure to comply with audit requirements, failure to 

follow competitive bidding requirements, programs failing to accomplish goals, and failure to provide support for staff salaries and 

fringe benefits. These are serious program failures that need to be 

corrected so that taxpayer dollars are not lost to fraud, waste, and 

abuse. 

Another significant problem with OJJDP’s grant management is 

the significant duplication of JJDPA grant programs with each 

other and with other federal agencies’ juvenile justice grant programs. The Congressional Research Service (CRS) states, ‘‘overlap 

exists within the federal government concerning programs that 

offer services for juveniles.’’ 7 For example, ‘‘[t]he State Formula 

Grant and the Delinquency Prevention Block Grant programs . . . 

both feature a wide array of purpose areas elucidated in legislative 

language that are largely similar.’’ 8 In addition, the Delinquency 

Prevention Block Grant, Challenge (Demonstration) Grants and 

Title V Incentive Grants ‘‘all include language allowing OJJDP to 

provide funding for additional programs not included in the specific 

purpose areas identified.’’ 9

Furthermore, grant programs authorized by JJDPA overlap programs in other federal agencies. CRS asserts that evidence shows 

there is a relationship between child abuse/mistreatment and juvenile delinquency, which ‘‘has led to duplication of efforts within 

many federal agencies and what may sometimes be a considerable 

overlap in the funding opportunities available to states and local 

entities.’’ 10 Youth violence programs are an example of agency 

funding overlap. Youth violence federal funding is available at the 

DOJ, and the Departments of Health and Human Services, Education, Labor and Agriculture. ‘‘There are a multitude of federal 

programs throughout the government that deal with youth violence’s causes, its effects and its ramifications. The amount of coordination that is occurring between the departments on these 

issues remains an open question.’’ 11 Before more funding is authorized for OJJDP, it is imperative that coordination among agencies 

occurs in order to streamline juvenile justice programs and make 

them more effective. Yet, none of these duplication issues are addressed in this reauthorization legislation. 

This bill, as amended, contains an overwhelming $4.3 billion in 

authorizations without offsets, and there is a history of tension between authorizations and appropriations for juvenile justice programs. According to CRS, ‘‘the current disconnect between the authorization and the appropriation could present a significant challenge for OJJDP.’’ 12 Even early juvenile justice legislation in the 

1970s was plagued with problems of delay and inefficiency. Specifically, ‘‘less than a third of the $150 million authorized for FY1968– 

1971 was appropriated. Furthermore, only half of the funds that 


smartinez on DSKB9S0YB1PROD with REPORTS
21 

13 Id. at 6 (quoting U.S. Congress, House Committee on Education and Labor, Juvenile Justice 

and Delinquency Prevention Amendments of 1977, H.Rept. 95–313, pp. 35–36.) 14 Id. at 31. 15 Id. at 20; see also Finklea, Kristin, Congressional Research Service, ‘‘Juvenile Justice Funding Trends,’’ January 8, 2010, p. 4–5. 16Finklea, supra note 7, at 1. 17 Id. at 4. 

were appropriated were actually expended. The funds were generally spent on underfunded, unrelated and scattered projects.’’ 13

More recently, the 2002 reauthorization of the JJDPA also reauthorized OJJDP, ‘‘which had remained unauthorized since FY1997, 

but which had been appropriated annually through FY2007.’’ 14 The 

2002 reauthorization of the JJDPA created the Juvenile Delinquency Prevention Block Grant by eliminating six smaller grants 

to combine them into this one large block grant. However, according to CRS, ‘‘the annual appropriation for OJJDP continues to adhere to the previous structure, and funds have been appropriated 

in each subsequent fiscal year for some of the grant programs that 

were repealed in 2002.’’ 15

We concur with what Senator Grassley noted at the July 31, 

2008 markup, when he stated: ‘‘I also have some reservations that 

this Committee is delegating away its authority to the Appropriations Committee by authorizing new spending without an offset. If 

we continue to authorize money for every program, the appropriators will have more say over policy than we do here at the Judiciary Committee. We need to give the appropriators sound instructions on what to fund.’’ Appropriators already often go beyond a 

bill’s authorization language when deciding which programs to 

fund and in what amount. As noted above, appropriators continued 

to fund several individual grants despite the fact that they were repealed and combined into one large grant in 2002. If this Committee becomes complicit in such behavior by not addressing these 

issues, we will no longer correctly function as the oversight authority for the DOJ. 

Moreover, juvenile justice is primarily a state responsibility. CRS 

accurately states, ‘‘[a]dministering justice to juvenile offenders has 

largely been the domain of the states . . . there is no federal juvenile justice system.’’ 16 In fact, the first major federal legislation for 

juveniles in 1938 left the state juvenile justice systems as the ‘‘preferred method for juveniles arrested for violating federal laws.’’ 17

Mr. Flores, former Administrator of OJJDP, testified at the December 5, 2007 hearing that ‘‘private, city, state and non-profit agencies and officials are committing funds and resources to expand 

this effort in their cities.’’ OJJDP already ‘‘supports collaboration at 

the state and local levels.’’ Thus, state and local governments and 

non-profit organizations already have the ability to support juvenile justice efforts. 

Although the federal government has traditionally respected juvenile justice as within the states’ domain, it started down a slippery slope of providing increasingly large amounts of federal funds 

to state juvenile justice systems beginning in the 1960s. Over time, 

those federal funds have been spread thin among a variety of grant 

programs and purposes. Thus, by assuming greater responsibility, 

the federal government may actually be hurting efforts to reform 

the juvenile justice system and rehabilitate juvenile offenders. 


smartinez on DSKB9S0YB1PROD with REPORTS
22 

Since the states are ultimately tasked with implementing these 

programs, they should become greater sources of funding, in order 

to ensure the long-term success of these programs. States, in fact, 

may actually be in the best position to consistently fund juvenile 

justice programs. 

While we seriously question the constitutionality of supplying 

federal funds to states and other local grantees for the bill’s purposes, since many are already in place, we believe the states and 

other grantees should participate significantly in funding services 

for juveniles in their communities. The only way state and local 

grantees can ensure fiscal vitality in the future is to reduce their 

dependence on federal funding. This can be accomplished by requiring the grantee to match the federal portion of any juvenile justice 

grants funded under JJDPA. 

In addition, as a grantee invests additional funds into its services, it is more likely to remain truly committed to developing new 

and innovative strategies to help juveniles caught up in the criminal justice system. The easiest way to ensure this occurs is to require the federal government to provide no more than 50% of the 

grant amount. 

No doubt juvenile justice grantees want future funding to be consistent. With our federal debt at $13.2 trillion and skyrocketing by 

the day, coupled with Congress’ inability to control and reduce federal spending on lower priorities, grantees should be very concerned about availability of future federal funding. Requiring 

grantees to match federal funds in these grants will ensure more 

fiscal stability for them in the future. The ever fluctuating federal 

budget will only serve to decrease the states’ confidence in the consistency of juvenile justice funding. 

Nowhere in the Constitution is the federal government tasked 

with providing states and localities with basic funding for their juvenile justice systems. Although it is important to ensure our youth 

avoid contact with the juvenile justice system, it is not a federal 

responsibility. Thus, at the very least, grantees should share equally when the federal government provides funding to support what 

are very clearly state responsibilities. 

The original JJDPA has been around for over 30 years with the 

last reauthorization occurring in 2002. While the JJDPA has laudable goals and has helped to create a national policy for the way 

juvenile offenders are treated, this does not mean that Congress 

should not require a comprehensive evaluation of the program prior 

to or as part of any significant reauthorization. The selected audits 

conducted by the DOJ Inspector General raise serious questions 

that need to be addressed by Congress. S. 678 authorizes billions 

of dollars in new spending that is not offset by any reduction in 

spending authorized by the committee in other areas. As such, the 

committee continues to authorize new spending without critically 

reviewing programs or making the tough decisions about where to 

reduce authorized funding for an offset. The end result of continued 

authorizations is a loss of control by the authorizing committee, 

placing the Appropriations Committee in a position to set policy by 

choosing which programs to fund and which to ignore. It is our 

opinion that any significant reauthorization should address the 


smartinez on DSKB9S0YB1PROD with REPORTS
23 

problems highlighted by the DOJ Inspector General before authorizing billions of dollars in new spending of taxpayer dollars. 

We look forward to participating in hearings that will address all 

aspects of federal funding and the grant-making process within the 

DOJ. Although we believe juvenile justice is a state issue, we believe that—to the extent Congress chooses to fund it—we can and 

should find the most fiscally-responsible way to disburse the 

money, and that we should do so by identifying and offsetting lower 

priority programs within the DOJ. 

TOM COBURN. 

JON KYL. 

JEFF SESSIONS. 


smartinez on DSKB9S0YB1PROD with REPORTS
(24) 

1 42 U.S.C. § 5616(c) (2006). 

MINORITY VIEWS FROM SENATOR GRASSLEY 

While I voted to report the Juvenile Justice and Delinquency 

Prevention Reauthorization Act of 2009 (S. 678) out of Committee, 

I still have serious concerns about the legislation. I continue to 

share the concerns of my colleagues that have written separately 

regarding the lack of significant reforms in this bill related to the 

Department of Justice’s management of grant programs, particularly in the Office of Juvenile Justice and Delinquency Prevention 

(OJJDP). I also share their concerns about the increased spending 

authorizations that the underlying bill contains. I write separately 

to discuss these concerns and to explain the importance of the 

amendments I authored that were incorporated into S. 678, in addition to an amendment I authored that was adopted by the Committee during the mark-up of S. 678. 

My Republican colleagues have written at length, separately, 

highlighting the problems the Inspector General has found with 

grant management at the Department. I share all of the concerns 

expressed by my colleagues in their minority supplemental views 

regarding grants management. I would simply add that given the 

billions of dollars in additional spending authorized by this bill, serious consideration needs to be given by this Committee to introducing comprehensive legislation to increase accountability, transparency, and oversight of grants issued by the Department of Justice in all grant programs, not just those authorized by the JJDPA. 

The bill does include some provisions that will help bring some 

accountability to the grant program managed by OJJDP. Specifically, it includes three provisions that I offered as amendments to 

similar legislation during the 110th Congress that will help to provide additional oversight of OJJDP and the grant programs authorized. The first provision that was incorporated into the bill requires 

the Coordinating Council on Juvenile Justice to provide a detailed 

accounting of activities conducted by the council during the fiscal 

year, including a review of expenses. The Coordinating Council was 

created in the original Juvenile Justice and Delinquency Prevention Act of 1974 and is headed by the Attorney General and includes a number of Cabinet level Secretaries. The Council is tasked 

with coordinating ‘‘all Federal juvenile delinquency programs (in 

cooperation with State and local juvenile justice programs.’’ 1 The 

1992 legislation updating the JJDPA required that the Coordinating Council provide their recommendations to Congress. However, this report was limited to the recommendations only and not 

an accounting of the $200,000 that were authorized to fund the Coordinating Council. My amendment that was incorporated will require the Coordinating Council to account for how these taxpayer 


smartinez on DSKB9S0YB1PROD with REPORTS
25 

funds are spent so that Congress can determine if the costs are 

truly necessary. 

Two additional provisions I previously offered as amendments to 

similar legislation in the 110th Congress were also adopted. These 

two amendments require OJJDP to include new information in 

their annual report to Congress. Specifically, OJJDP must: (1) report on internal controls that exist to ensure that grantees follow 

grant program requirements, (2) provide an analysis of payments 

made to grantees who violated grant program rules and determine 

if OJJDP ever recovered the funds that were inappropriately spent. 

These amendments help to enhance the annual report submitted by 

OJJDP to Congress; however, they are not a substitute for a comprehensive evaluation to be conducted by a disinterested auditor. 

The Committee also voted 10–9 to adopt on an amendment I authored that was designed to further strengthen accountability and 

oversight of OJJDP and the grantees who are awarded federal 

funding under the JJDPA. The amendment requires a top-to-bottom review of OJJDP and an audit and evaluation of a statistically 

significant sample of grantees who received funds under the 

JJDPA. 

The amendment provides guidance to the GAO by setting forth 

eight considerations to examine when conducting the evaluation of 

OJJDP. These eight considerations were designed to help the 

Comptroller General critically examine OJJDP to determine: (1) 

whether there is conflict or duplication between the JJDPA and 

other programs administered by DOJ or other agencies, (2) whether 

there are potential benefits of consolidating programs with duplicate missions, (3) whether operations are impeded or enhanced by 

existing statutes, (4) the number and type of beneficiaries or persons served by the program, (5) the manner with which the agency 

seeks public input and input from State and local governments, (6) 

the extent to which the agency complies with the Freedom of Information Act, (7) whether greater oversight is needed, and (8) the extent to which changes are necessary in the authorizing statutes of 

the agency to bring efficiency to the program. The purpose of adding these specific considerations was to help GAO structure the 

audit and evaluation in a manner that would provide Congress 

with as much information as possibly assess whether the concerns 

regarding grant management and performance raised by the DOJ 

Inspector General continue to exist in grants managed by OJJDP. 

The amendment also requires GAO to conduct an audit of a statistically significant sample of OJJDP grantees. This audit was included in the amendment in an effort to collect a larger sample of 

information from OJJDP grantees and to verify the results of the 

individual audits conducted by the DOJ Inspector General. The 

previous audits conducted by the DOJ Inspector General pointed to 

significant problems on the part of OJJDP grantees in meeting the 

requirements of the grant program and in appropriately spending 

grant monies. If the problems outlined by the individual audits extend to a larger portion of OJJDP grantees, it is possible that hundreds of millions of dollars could be at risk of waste, fraud, or 

abuse. The amendment required GAO to complete both audits and 

evaluations and issue reports to Congress no later than October 1, 

2011. 


smartinez on DSKB9S0YB1PROD with REPORTS
26 

Unfortunately, a number of my colleagues opposed this straightforward amendment. Those who opposed the amendment cited concerns that the amendment would duplicate oversight requirements 

already in the bill, unduly burden scarce state resources, and question the existence of key juvenile justice programs. These concerns 

are without merit; the current bill only requires annual reporting 

to Congress by OJJDP and not by an independent auditor such as 

GAO. While the annual report submitted to Congress by OJJDP is 

necessary, it does not provide the type of critical analysis that an 

independent auditor can bring, given the inherent conflict of interest of OJJDP in painting the best picture of their agency and their 

performance to Congress. Further, the annual report required by 

the reauthorization does not include considerations that will help 

Congress obtain the necessary information to determine if the 

agency is in fact meeting its mission and stated goals of the 

JJDPA. It is my view that a critical, objective analysis of the program by an independent auditor such as GAO or the Comptroller 

General is necessary given the documented problems with grant 

management and grantee performance, as well as the significant 

increase to program authorizations included in this bill. 

Finally, I note that according to the Congressional Budget Office (CBO) this bill authorizes $4.3 billion in new spending that is not 

offset with a corresponding reduction in authorizations. At the 

mark-up, I outlined my serious concerns with this extraordinary increase in spending authorized by this Committee. Absent a corresponding offset, this increase in spending sends an unclear signal 

to the Appropriations Committee regarding what programs to 

prioritize funding for. By failing to include an offset to this increase, we are delegating away our authority to legislate to the Appropriations Committee. If we continue to authorize money for 

every program, without attention to the budgetary limits we face, 

the Appropriators will have more say over policy than this Committee. Moving forward, we need to be cognizant of this and send 

clearer signals to the Appropriations Committee. 

CHUCK GRASSLEY. 


smartinez on DSKB9S0YB1PROD with REPORTS
27 

VIII. CHANGES TO EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 678, as reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new matter is printed in italic, and 

existing law in which no change is proposed is shown in roman): 

UNITED STATES CODE 

TITLE 42—THE PUBLIC HEALTH AND WELFARE 

* * * * * * * 

CHAPTER 72—JUVENILE JUSTICE AND DELINQUENCY 

PREVENTION 

Subchapter I—Generally 

ø§ 5601. Findings 

ø(a) The Congress finds the following: 

ø(1) Although the juvenile violent crime arrest rate in 1999 

was the lowest in the decade, there remains a consensus that 

the number of crimes and the rate of offending by juveniles nationwide is still too high. 

ø(2) According to the Office of Juvenile Justice and Delinquency Prevention, allowing 1 youth to leave school for a life 

of crime and of drug abuse costs society $1,700,000 to 

$2,300,000 annually. 

ø(3) One in every 6 individuals (16.2 percent) arrested for 

committing violent crime in 1999 was less than 18 years of 

age. In 1999, juveniles accounted for 9 percent of murder arrests, 17 percent of forcible rape arrests, 25 percent of robbery 

arrest, 14 percent of aggravated assault arrests, and 24 percent of weapons arrests. 

ø(4) More than 1⁄2 of juvenile murder victims are killed with 

firearms. Of the nearly 1,800 murder victims less than 18 

years of age, 17 percent of the victims less than 13 years of age 

were murdered with a firearm, and 81 percent of the victims 

13 years of age or older were killed with a firearm. 

ø(5) Juveniles accounted for 13 percent of all drug abuse violation arrests in 1999. Between 1990 and 1999, juvenile arrests 

for drug abuse violations rose 132 percent. 

ø(6) Over the last 3 decades, youth gang problems have increased nationwide. In the 1970s, 19 States reported youth 

gang problems. By the late 1990s, all 50 States and the District of Columbia reported gang problems. For the same period, 

the number of cities reporting youth gang problems grew 843 

percent, and the number of counties reporting gang problems 

increased more than 1,000 percent. 

ø(7) According to a national crime survey of individuals 12 

years of age or older during 1999, those 12 to 19 years old are 

victims of violent crime at higher rates than individuals in all 


smartinez on DSKB9S0YB1PROD with REPORTS
28 

other age groups. Only 30.8 percent of these violent victimizations were reported by youth to police in 1999. 

ø(8) One-fifth of juveniles 16 years of age who had been arrested were first arrested before attaining 12 years of age. Juveniles who are known to the juvenile justice system before attaining 13 years of age are responsible for a disproportionate 

share of serious crimes and violence. 

ø(9) The increase in the arrest rates for girls and young juvenile offenders has changed the composition of violent offenders 

entering the juvenile justice system. 

ø(10) These problems should be addressed through a 2-track 

common sense approach that addresses the needs of individual 

juveniles and society at large by promoting— 

ø(A) quality prevention programs that— 

ø(i) work with juveniles, their families, local public 

agencies, and community-based organizations, and 

take into consideration such factors as whether or not 

juveniles have been the victims of family violence (including child abuse and neglect); and 

ø(ii) are designed to reduce risks and develop competencies in at-risk juveniles that will prevent, and reduce the rate of, violent delinquent behavior; and 

ø(B) programs that assist in holding juveniles accountable for their actions and in developing the competencies 

necessary to become responsible and productive members 

of their communities, including a system of graduated 

sanctions to respond to each delinquent act, requiring juveniles to make restitution, or perform community service, 

for the damage caused by their delinquent acts, and methods for increasing victim satisfaction with respect to the 

penalties imposed on juveniles for their acts. 

ø(11) Coordinated juvenile justice and delinquency prevention projects that meet the needs of juveniles through the collaboration of the many local service systems juveniles encounter can help prevent juveniles from becoming delinquent and 

help delinquent youth return to a productive life. 

ø(b) Congress must act now to reform this program by focusing 

on juvenile delinquency prevention programs, as well as programs 

that hold juveniles accountable for their acts and which provide opportunities for competency development. Without true reform, the 

juvenile justice system will not be able to overcome the challenges 

it will face in the coming years when the number of juveniles is expected to increase by 18 percent between 2000 and 2030.¿ 

SEC. 101. FINDINGS. 

Congress finds the following: 

(1) A growing body of adolescent development research supports the use of developmentally appropriate services and sanctions for youth in the juvenile justice system and those at risk 

for delinquent behavior to help prevent youth crime and to successfully intervene with youth who have already entered the system. 

(2) Research has shown that targeted investments to redirect 

offending juveniles onto a different path are cost effective and 

can help reduce juvenile recidivism and adult crime. 


smartinez on DSKB9S0YB1PROD with REPORTS
29 

(3) Minorities are disproportionately represented in the juvenile justice system. 

(4) Between 1990 and 2004, the number of youth in adult 

jails increased by 208 percent. 

(5) Every day in the United States, an average of 7,500 youth 

are incarcerated in adult jails. 

(6) Youth who have been previously tried as adults are, on 

average, 34 percent more likely to commit crimes than youth retained in the juvenile justice system. 

(7) Research has shown that every dollar spent on evidence based programs can yield up to $13 in cost savings. 

(8) Each child prevented from engaging in repeat criminal of- fenses can save the community $1,700,000 to $3,400,000. 

(9) Youth are 19 times more likely to commit suicide in jail 

than youth in the general population and 36 times more likely 

to commit suicide in an adult jail than in a juvenile detention 

facility. 

(10) Seventy percent of youth in detention are held for nonviolent charges, and more than 2⁄3 are charged with property offenses, public order offenses, technical probation violations, or 

status offenses, such as truancy, running away, or breaking 

curfew. 

(11) The prevalence of mental disorders among youth in juvenile justice systems is 2 to 3 times higher than among youth in 

the general population. 

(12) Eighty percent of juveniles in juvenile justice systems 

have a nexus to substance abuse. 

(13) The proportion of girls entering the justice system has increased steadily over the past several decades, rising from 20 

percent in 1980 to 29 percent in 2003. 

§ 5602. Purpose 

The purposes of this subchapter and subchapter II of this chapter 

are— 

(1) to support State and local programs that prevent juvenile 

involvement in delinquent behavior; 

(2) to assist State and local governments in promoting public 

safety by encouraging accountability for acts of juvenile delinquency; øand¿ 

(3) to assist State and local governments in addressing juvenile crime through the provision of technical assistance, research, training, evaluation, and the dissemination of information on effective programs for combating juvenile 

delinquencyø.¿; and 

(4) to support a continuum of programs (including 

delinquency prevention, intervention, mental health and substance abuse treatment, and aftercare) to address the needs of 

at-risk youth and youth who come into contact with the justice 

system. 

§ 5603. Definitions 

For purposes of this chapter— 

(1) the term ‘‘community based’’ facility, program, or service 

means a small, open group home or other suitable place located 


smartinez on DSKB9S0YB1PROD with REPORTS
30 

near the juvenile’s home or family and programs of community 

supervision and service which maintain community and consumer participation in the planning operation, and evaluation 

of their programs which may include, but are not limited to, 

medical, educational, vocational, social, and psychological guidance, training, special education, counseling, alcoholism treatment, drug treatment, and other rehabilitative services; 

(2) the term ‘‘Federal juvenile delinquency program’’ means 

any juvenile delinquency program which is conducted, directly, 

or indirectly, or is assisted by any Federal department or agency, including any program funded under this chapter; 

(3) the term ‘‘juvenile delinquency program’’ means any program or activity related to juvenile delinquency prevention, 

control, diversion, treatment, rehabilitation, planning, education, training, and research, including drug and alcohol abuse 

programs; the improvement of the juvenile justice system; and 

any program or activity designed to reduce known risk factors 

for juvenile delinquent behavior, provides activities that build 

on protective factors for, and develop competencies in, juveniles 

to prevent, and reduce the rate of, delinquent juvenile behavior; 

(4)(A) the term ‘‘Bureau of Justice Assistance’’ means the bureau established by section 3741 of this title; 

(B) the term ‘‘Office of Justice Programs’’ means the office established by section 3711 of this title; 

(C) the term ‘‘National Institute of Justice’’ means the institute established by section 3722(a) of this title; and 

(D) the term ‘‘Bureau of Justice Statistics’’ means the bureau 

established by section 3732(a) of this title; 

(5) the term ‘‘Administrator’’ means the agency head designated by section 5611(b) of this title; 

(6) the term ‘‘law enforcement and criminal justice’’ means 

any activity pertaining to crime prevention, control, or reduction or the enforcement of the criminal law, including, but not 

limited to police efforts to prevent, control, or reduce crime or 

to apprehend criminals, activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services), activities of corrections, probation, or parole 

authorities, and programs relating to the prevention, control, 

or reduction of juvenile delinquency or narcotic addiction; 

(7) the term ‘‘State’’ means any State of the United States, 

the District of Columbia, the Commonwealth of Puerto Rico, 

the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; 

(8) the term ‘‘unit of local government’’ means— 

(A) any city, county, township, town, borough, parish, 

village, or other general purpose political subdivision of a 

State; 

(B) any law enforcement district or judicial enforcement 

district that— 

(i) is established under applicable State law; and 

(ii) has the authority to, in a manner independent of 

other State entities, establish a budget and raise revenues; 


smartinez on DSKB9S0YB1PROD with REPORTS
31 

ø(C) an Indian Tribe that performs law enforcement 

functions, as determined by the Secretary of the Interior; 

or¿ (C) an Indian tribe; or 

(D) for the purposes of assistance eligibility, any agency 

of the government of the District of Columbia or the Federal Government that performs law enforcement functions 

in and for— 

(i) the District of Columbia; or 

(ii) any Trust Territory of the United States; 

(9) the term ‘‘combination’’ as applied to States or units of 

local government means any grouping or joining together of 

such States or units for the purpose of preparing, developing, 

or implementing a juvenile justice and delinquency prevention 

plan; 

(10) the term ‘‘construction’’ means acquisition, expansion, 

remodeling, and alteration of existing buildings, and initial 

equipment of any such buildings, or any combination of such 

activities (including architects’ fees but not the cost of acquisition of land for buildings); 

(11) the term ‘‘public agency’’ means any State, unit of local 

government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing; 

(12) the term ‘‘secure detention facility’’ means any public or 

private residential facility which— 

(A) includes construction fixtures designed to physically 

restrict the movements and activities of juveniles or other 

individuals held in lawful custody in such facility; and 

(B) is used for the temporary placement of any juvenile 

who is accused of having committed an offense, or of any 

other individual accused of having committed a criminal 

offense; 

(13) the term ‘‘secure correctional facility’’ means any public 

or private residential facility which— 

(A) includes construction fixtures designed to physically 

restrict the movements and activities of juveniles or other 

individuals held in lawful custody in such facility; and 

(B) is used for the placement, after adjudication and disposition, of any juvenile who has been adjudicated as having committed an offense or any other individual convicted 

of a criminal offense; 

(14) the term ‘‘serious crime’’ means criminal homicide, forcible rape or other sex offenses punishable as a felony, mayhem, 

kidnapping, aggravated assault, drug trafficking, robbery, larceny or theft punishable as a felony, motor vehicle theft, burglary or breaking and entering, extortion accompanied by 

threats of violence, and arson punishable as a felony; 

(15) the term ‘‘treatment’’ includes but is not limited to medical, educational, special education, social, psychological, and 

vocational services, corrective and preventive guidance and 

training, and other rehabilitative services designed to protect 

the public, including services designed to benefit addicts and 

other users by eliminating their dependence on alcohol or other 

addictive or nonaddictive drugs or by controlling their dependence and susceptibility to addiction or use; 


smartinez on DSKB9S0YB1PROD with REPORTS
32 

(16) the term ‘‘valid court order’’ means a court order given 

by a juvenile court judge to a juvenile— 

(A) who was brought before the court and made subject 

to such order; and 

(B) who received, before the issuance of such order, the 

full due process rights guaranteed to such juvenile by the 

Constitution of the United States; 

(C) Repealed. Pub. L. 107–273, Div. C, Title II, 

§ 12204(7)(B), Nov. 2, 2002, 116 Stat. 1871 

(17) the term ‘‘Council’’ means the Coordinating Council on 

Juvenile Justice and Delinquency Prevention established in 

section 5616(a)(1) of this title; 

ø(18) the term ‘‘Indian Tribe’’ means— 

ø(A) a federally recognized Indian tribe; or 

ø(B) an Alaskan Native organization;¿ 

(18) the term ‘‘Indian tribe’’ has the meaning given that term 

in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); 

(19) the term ‘‘comprehensive and coordinated system of 

services’’ means a system that— 

(A) ensures that services and funding for the prevention 

and treatment of juvenile delinquency are consistent with 

policy goals of preserving families and providing appropriate services in the least restrictive environment so as to 

simultaneously protect juveniles and maintain public safety; 

(B) identifies, and intervenes early for the benefit of, 

young children who are at risk of developing emotional or 

behavioral problems because of physical or mental stress 

or abuse, and for the benefit of their families; 

(C) increases interagency collaboration and family involvement in the prevention and treatment of juvenile delinquency; and 

(D) encourages private and public partnerships in the 

delivery of services for the prevention and treatment of juvenile delinquency; 

(20) the term ‘‘gender-specific services’’ means services designed to address needs unique to the gender of the individual 

to whom such services are provided; 

(21) the term ‘‘home-based alternative services’’ means services provided to a juvenile in the home of the juvenile as an 

alternative to incarcerating the juvenile, and includes home detention; 

(22) the term ‘‘jail or lockup for adults’’ means a locked facility that is used by a State, unit of local government, or any law 

enforcement authority to detain øor confine adults— 

ø(A) pending the filing of a charge of violating a criminal 

law; 

ø(B) awaiting trial on a criminal charge; or 

ø(C) convicted of violating a criminal law;¿ or confine 

adult inmates; 

(23) the term ‘‘nonprofit organization’’ means an organization 

described in section 501(c)(3) of Title 26 that is exempt from 

taxation under section 501(a) of Title 26; 


smartinez on DSKB9S0YB1PROD with REPORTS
33 

(24) the term ‘‘graduated sanctions’’ means an accountabilitybased, graduated series of sanctions (including incentives, 

treatment, and services) applicable to juveniles within the juvenile justice system to hold such juveniles accountable for 

their actions and to protect communities from the effects of juvenile delinquency by providing appropriate sanctions for every 

act for which a juvenile is adjudicated delinquent, by inducing 

their law-abiding behavior, and by preventing their subsequent 

involvement with the juvenile justice system; 

(25) the term ‘‘øcontact¿ sight and sound contact’’ means the 

degree of interaction allowed between juvenile offenders in a 

secure custody status and incarcerated adults under section 

31.303(d)(1)(i) of title 28, Code of Federal Regulations, as in effect on December 10, 1996; 

ø(26) the term ‘‘adult inmate’’ means an individual who— 

ø(A) has reached the age of full criminal responsibility 

under applicable State law; and 

ø(B) has been arrested and is in custody for or awaiting 

trial on a criminal charge, or is convicted of a criminal offense;¿ 

(26) the term ‘‘adult inmate’’— 

(A) means an individual who— 

(i) has reached the age of full criminal responsibility 

under applicable State law; and 

(ii) has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a 

criminal charge offense; and 

(B) does not include an individual who— 

(i) at the time of the time of the offense, was younger 

than the maximum age at which a youth can be held 

in a juvenile facility under applicable State law; and 

(ii) was committed to the care and custody of a juvenile correctional agency by a court of competent jurisdiction or by operation of applicable State law; 

(27) the term ‘‘violent crime’’ means— 

(A) murder or nonnegligent manslaughter, forcible rape, 

or robbery, or 

(B) aggravated assault committed with the use of a firearm; 

(28) the term ‘‘collocated facilities’’ means facilities that are 

located in the same building, or are part of a related complex 

of buildings located on the same grounds; øand¿ 

(29) the term ‘‘related complex of buildings’’ means 2 or more 

buildings that share— 

(A) physical features, such as walls and fences, or services beyond mechanical services (heating, air conditioning, 

water and sewer); or 

(B) the specialized services that are allowable under section 31.303(e)(3)(i)(C)(3) of title 28 of the Code of Federal 

Regulations, as in effect on December 10, 1996ø.¿; 

(30) the term ‘‘core requirements’’ means the requirements described in paragraphs (11), (12), (13), and (15) of section 223(a); 


smartinez on DSKB9S0YB1PROD with REPORTS
34 

(31) the term ‘‘chemical agent’’ means a spray 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 confinement during regularly scheduled sleeping hours, or for not more than 1 hour during 

any 24-hour period in the room or cell in which the youth 

usually sleeps, protective confinement (for injured youths or 

youths whose safety is threatened), separation based on an 

approved treatment program, confinement that is requested 

by the youth, or the separation of the youth from a group 

in a non-locked setting for the purpose of calming; 

(33) the term ‘‘restraint’’ 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 is demonstrated to be effective and that— 

(A) is based on a clearly articulated and empirically supported theory; 

(B) has measurable outcomes, including a detailed description of what outcomes were produced in a particular 

population; and 

(C) has been scientifically tested, optimally through randomized control studies or comparison group studies; 

(35) the term ‘‘promising’’ means a program or practice that 

is demonstrated to be effective based on positive outcomes from 

1 or more objective evaluations, as documented in writing to the 

Administrator; 

(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 or substance abuse needs requiring immediate attention, intervention, and further evaluation; and 

(B) the purpose of which is to quickly identify a youth 

with a possible mental health or substance abuse need 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 a mental health or substance abuse professional 

who meets the criteria of the applicable State for licensing 

and education in the mental health or substance abuse 

field; and 

(B) which is designed to identify significant mental 

health or substance abuse treatment needs to be addressed 

during a youth’s confinement; and 

(39) the term ‘‘contact’’ means the point at which a youth 

interacts with the juvenile justice system or criminal justice system, including interaction with a juvenile justice, juvenile court, 


smartinez on DSKB9S0YB1PROD with REPORTS
35 

or law enforcement official, and including brief, sustained, or 

repeated interaction. 

* * * * * * * 

Subchapter II—Programs and Offices 

PART A—JUVENILE JUSTICE AND DELINQUENCY 

PREVENTION OFFICE 

* * * * * * * 

§ 5614. Concentration of Federal efforts 

(a) IMPLEMENTATION OF POLICY BY ADMINISTRATOR; CONSULTA- TION WITH COUNCIL AND ADVISORY COMMITTEE.— (1) The Administrator shall develop objectives, priorities, and 

a long-term plan, and implement overall policy and a strategy 

to carry out such plan, for all Federal juvenile delinquency programs and activities relating to prevention, diversion, training, 

treatment, rehabilitation, evaluation, research, and improvement of the juvenile justice system in the United States. In 

carrying out the functions of the Administrator, the Administrator shall consult with the Council. 

(2)(A) The plan described in paragraph (1) shall— 

(i) contain specific goals and criteria for making grants 

and contracts, for conducting research, and for carrying 

out other activities under this subchapter; and 

(ii) provide for coordinating the administration programs 

and activities under this subchapter with the administration of all other Federal juvenile delinquency programs 

and activities, including proposals for joint funding to be 

coordinated by the Administrator. 

(B) The Administrator shall review the plan described in 

paragraph (1) annually, revise the plan as the Administrator 

considers appropriate, and publish the plan in the Federal 

Register— 

(i) not later than ø240 days after November 4, 1992¿ 

July 2, 2010, in the case of the initial plan required by 

paragraph (1); and 

(ii) except as provided in clause (i), in the 30-day period 

ending on October 1 of each year. 

(b) DUTIES OF ADMINISTRATOR.—In carrying out the purposes of 

this chapter, the Administrator shall— 

(1) advise the President through the Attorney General as to 

all matters relating to federally assisted juvenile delinquency 

programs and Federal policies regarding juvenile delinquency; 

(2) assist operating agencies which have direct responsibilities for the prevention and treatment of juvenile delinquency 

in the development and promulgation of regulations, guidelines, requirements, criteria, standards, procedures, and budget 

requests in accordance with the policies, priorities, and objectives the Administrator establishes; 

(3) conduct and support evaluations and studies of the performance and results achieved by Federal juvenile delinquency 

programs and activities; 


smartinez on DSKB9S0YB1PROD with REPORTS
36 

(4) implement Federal juvenile delinquency programs and 

activities among Federal departments and agencies and between Federal juvenile delinquency programs and activities 

and other Federal programs and activities which the Administrator determines may have an important bearing on the success of the entire Federal juvenile delinquency effort; 

(5)(A) develop for each fiscal year, and publish annually in 

the Federal Register for public comment, a proposed comprehensive plan describing the particular activities which the 

Administrator intends to carry out under parts D and E of this 

subchapter in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts D and E of 

this subchapter; and 

(B) taking into consideration comments received during the 

45-day period beginning on the date the proposed plan is published, develop and publish a final plan, before December 31 of 

such fiscal year, describing the particular activities which the 

Administrator intends to carry out under parts D and E of this 

subchapter in such fiscal year, specifying in detail those activities designed to satisfy the requirements of parts D and E of 

this subchapter; 

(6) provide for the auditing of monitoring systems required 

under section 5633(a)ø(15)¿(16) of this title to review the adequacy of such systems; and 

(7) not later than 1 year after November 2, 2002, issue model 

standards for providing mental health care to incarcerated juveniles. 

(c) INFORMATION, REPORTS, STUDIES, AND SURVEYS FROM OTHER

AGENCIES.—The Administrator may require, through appropriate 

authority, Federal departments and agencies engaged in any activity involving any Federal juvenile delinquency program to provide 

the Administrator with such information ‘‘as may be appropriate to 

prevent the duplication of efforts, and to coordinate activities, related to the prevention of juvenile delinquency’’. 

(d) DELEGATION OF FUNCTIONS.—The Administrator shall have 

the sole authority to delegate any of the functions of the Administrator under this chapter. 

(e) UTILIZATION OF SERVICES AND FACILITIES OF OTHER AGENCIES; REIMBURSEMENT.—The Administrator is authorized to utilize 

the services and facilities of any agency of the Federal Government 

and of any other public agency or institution in accordance with appropriate agreements, and to pay for such services either in advance or by way of reimbursement as may be agreed upon. 

(f) COORDINATION OF FUNCTIONS OF ADMINISTRATOR AND SECRETARY OF HEALTH AND HUMAN SERVICES.—All functions of the Administrator under this subchapter shall be coordinated as appropriate with the functions of the Secretary of Health and Human 

Services under subchapter III of this chapter. 

* * * * * * * 

§ 5616. Coordinating Council on Juvenile Justice and Delinquency Prevention 

(a) ESTABLISHMENT; MEMBERSHIP.— 


smartinez on DSKB9S0YB1PROD with REPORTS
37 

(1) There is hereby established, as an independent organization in the executive branch of the Federal Government a Coordinating Council on Juvenile Justice and Delinquency Prevention composed of the Attorney General, the Secretary of 

Health and Human Services, the Administrator of the Substance Abuse and Mental Health Services Administration, the 

Secretary of Defense, the Secretary of Agriculture, the Secretary 

of Labor, the Secretary of Education, the Secretary of Housing 

and Urban Development, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, the Director of the 

Office of National Drug Control Policy, the Chief Executive Officer of the Corporation for National and Community Service, 

the øCommissioner of Immigration and Naturalization¿ Assistant Secretary for Immigration and Customs Enforcement, such 

other officers of Federal agencies who hold significant decisionmaking authority as the President may designate, and individuals appointed under paragraph (2). 

(2)(A) Nine members shall be appointed, without regard to 

political affiliation, to the Council in accordance with this paragraph from among individuals who are practitioners in the 

field of juvenile justice (including at least 1 representative from 

the mental health fields) and who are not officers or employees 

of the United States. 

(B)(i) Three members shall be appointed by the Speaker of 

the House of Representatives, after consultation with the minority leader of the House of Representatives. 

(ii) Three members shall be appointed by the majority leader 

of the Senate, after consultation with the minority leader of 

the Senate. 

(iii) Three members shall be appointed by the President. 

(C)(i) Of the members appointed under each of clauses (i), 

(ii), and (iii)— 

(I) 1 shall be appointed for a term of 1 year; 

(II) 1 shall be appointed for a term of 2 years; and 

(III) 1 shall be appointed for a term of 3 years; 

as designated at the time of appointment. 

(ii) Except as provided in clause (iii), a vacancy arising during the term for which an appointment is made may be filled 

only for the remainder of such term. 

(iii) After the expiration of the term for which a member is 

appointed, such member may continue to serve until a successor is appointed. 

(b) CHAIRMAN AND VICE CHAIRMAN.—The Attorney General shall 

serve as Chairman of the Council. The Administrator of the Office 

of Juvenile Justice and Delinquency Prevention shall serve as Vice 

Chairman of the Council. The Vice Chairman shall act as Chairman in the absence of the Chairman. 

(c) FUNCTIONS.— 

(1) The function of the Council shall be to coordinate all Federal juvenile delinquency programs (in cooperation with State 

and local juvenile justice programs) all Federal programs and 

activities that detain or care for unaccompanied juveniles, and 

all Federal programs relating to missing and exploited children. The Council shall examine how the separate programs 


smartinez on DSKB9S0YB1PROD with REPORTS
38 

can be coordinated among Federal, State, and local governments to better serve at-risk children and juveniles and shall 

make recommendations to the President, and to the Congress, 

at least annually with respect to the coordination of overall 

policy and development of objectives and priorities for all Federal juvenile delinquency programs and activities and all Federal programs and activities that detain or care for unaccompanied juveniles. The Council shall review the programs and 

practices of Federal agencies and report on the degree to which 

Federal agency funds are used for purposes which are consistent or inconsistent with the mandates of øparagraphs 

(12)(A), (13), and (14) of section 5633(a) of this title¿ the core 

requirements. The Council shall review, and make recommendations with respect to, any joint funding proposal undertaken 

by the Office of Juvenile Justice and Delinquency Prevention 

and any agency represented on the Council. The Council shall 

review the reasons why Federal agencies take juveniles into 

custody and shall make recommendations regarding how to improve Federal practices and facilities for holding juveniles in 

custody. 

(2) In addition to performing their functions as members of 

the Council, the members appointed under subsection (a)(2) of 

this section shall collectively, on an annual basis— (A) make recommendations regarding the development 

of the objectives, priorities, and the long-term plan, and 

the implementation of overall policy and the strategy to 

carry out such plan, referred to in section 5614(a)(1) of this 

title; øand¿ 

(B) not later than ø180 days after November 4, 1992¿ 

May 3, 2010, submit such recommendations to the Administrator, the Chairman of the øCommittee on Education 

and the Workforce¿ Committee on Education and Labor of 

the House of Representatives, and the Chairman of the 

Committee on the Judiciary of the Senateø.¿; and 

(C) not later than 120 days after the completion of the 

last meeting in any fiscal year, submit to Congress a report 

regarding the recommendations described in subparagraph 

(A), which shall— 

(i) include a detailed account of the activities conducted by the Council during the fiscal year, including 

a complete detailed accounting of expenses incurred by 

the Coordinating Council to conduct operations in accordance with this section; 

(ii) be published on the websites of the Department 

of Justice and the Coordinating Council; and 

(iii) be in addition to the annual report required by 

section 207. 

(d) MEETINGS.—The Council shall meet at least quarterly. 

(e) APPOINTMENT OF PERSONNEL OR STAFF SUPPORT BY ADMINIS- TRATOR.—The Administrator shall, with the approval of the Council, appoint such personnel or staff support as the Administrator 

considers necessary to carry out the purposes of this subchapter. 

(f) EXPENSES OF COUNCIL MEMBERS; REIMBURSEMENT.—Members 

appointed under subsection (a)(2) of this section shall serve without 


smartinez on DSKB9S0YB1PROD with REPORTS
39 

compensation. Members of the Council shall be reimbursed for 

travel, subsistence, and other necessary expenses incurred by them 

in carrying out the duties of the Council. 

(g) AUTHORIZATION OF APPROPRIATIONS.—Of sums available to 

carry out this part, not more than $200,000 shall be available to 

carry out this section. 

§ 5617. Annual report 

Not later than 180 days after the end of øa fiscal year¿ each fiscal year, the Administrator shall submit to the President, the 

Speaker of the House of Representatives, and the President pro 

tempore of the Senate a report that contains the following with respect to such fiscal year: 

(1) A detailed summary and analysis of the most recent data 

available regarding the number of juveniles taken into custody, 

the rate at which juveniles are taken into custody, and the 

trends demonstrated by the data required by subparagraphs 

(A), (B), and (C). Such summary and analysis shall set out the 

information required by subparagraphs (A), (B), (C), and (D) 

separately for juvenile nonoffenders, juvenile status offenders, 

and other juvenile offenders. Such summary and analysis shall 

separately address with respect to each category of juveniles 

specified in the preceding sentence— 

(A) the types of offenses with which the juveniles are 

charged; 

(B) the race, ethnicity, and gender of the juveniles; 

(C) the ages of the juveniles; 

(D) the types of facilities used to hold the juveniles (including juveniles treated as adults for purposes of prosecution) in custody, including secure detention facilities, secure correctional facilities, jails, and lockups; 

(E) the number of juveniles who died while in custody 

and the circumstances under which they died; øand¿ 

(F) the educational status of juveniles, including information relating to learning and other disabilities, failing 

performance, grade retention, and dropping out of 

schoolø.¿; 

(G) a summary of data from 1 month of the applicable 

fiscal year of the use of restraints and isolation upon juveniles held in the custody of secure detention and correctional facilities operated by a State or unit of local government; 

(H) the number of juveniles released from custody and 

the type of living arrangement to which each such juvenile 

was released; 

(I) the number of status offense cases petitioned to court 

(including a breakdown by type of offense and disposition), 

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; and 

(J) the number of pregnant juveniles held in the custody 

of secure detention and correctional facilities operated by a 

State or unit of local government. 


smartinez on DSKB9S0YB1PROD with REPORTS
40 

(2) A description of the activities for which funds are expended under this part, including the objectives, priorities, accomplishments, and recommendations of the Council. 

(3) A description, based on the most recent data available, of 

the extent to which each State complies with section 5633 of 

this title and with the plan submitted under such section by 

the State for such fiscal year. 

(4) An evaluation of the programs funded under this subchapter and their effectiveness in reducing the incidence of juvenile delinquency, particularly violent crime, committed by juveniles. 

(5) A description of the criteria used to determine what programs qualify as evidence based and promising programs 

under this title and title V and a comprehensive list of those 

programs the Administrator has determined meet such criteria. 

(6) A description of funding provided to Indian tribes under 

this Act, including direct Federal grants and funding provided 

to Indian tribes through a State or unit of local government. 

(7) An analysis and evaluation of the internal controls at Office of Juvenile Justice and Delinquency Prevention to determine if grantees are following the requirements of Office of Juvenile Justice and Delinquency Prevention grant programs and 

what remedial action 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 where supporting documentation was not provided for 

cost reports, where unauthorized expenditures occurred, and 

where subrecipients of grant funds were not compliant with program requirements. 

(8) An analysis and evaluation of the total amount of payments made to grantees that were recouped by the Office of Juvenile Justice and Delinquency Prevention from grantees that 

were found to be in violation of policies and procedures of the 

Office of Juvenile Justice and Delinquency Prevention grant 

programs. This analysis shall include the full name and location of the grantee, the violation of the program found, the 

amount of funds sought to be recouped by the Office of Juvenile 

Justice and Delinquency Prevention, and the actual amount recouped by the Office of Juvenile Justice and Delinquency Prevention. 

* * * * * * * 

§ 5631. Authority to make grants and contracts 

(a) IN GENERAL.—The Administrator is authorized to make 

grants to States and units of local government or combinations 

thereof to assist them in planning, establishing, operating, coordinating, and evaluating projects directly or through grants and contracts with public and private agencies for the development of more 

effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system. 

(b) TECHNICAL ASSISTANCE.— 


smartinez on DSKB9S0YB1PROD with REPORTS
41 

(1) With not to exceed ø2 percent¿ 5 percent of the funds 

available in a fiscal year to carry out this part, the Administrator shall make grants to and enter into contracts with 

public and private agencies, organizations, and individuals to 

provide technical assistance to States, units of general local 

governments (and combinations thereof), and local private 

agencies to facilitate compliance with section 5633 of this title 

and implementation of the State plan approved under section 

5633(c) of this title. 

(2) Grants and contracts may be made under paragraph (1) 

only to public and private agencies, organizations, and individuals that have experience in providing such technical assistance. 

§ 5632. Allocation of funds 

(a) TIME; BASIS; AMOUNTS.— 

(1) Subject to paragraph (2) and in accordance with regulations promulgated under this part, funds shall be allocated annually among the States on the basis of relative population of 

people under øage eighteen¿ 18 years of age, based on the most 

recent census data to monitor any significant changes in the relative population of people under 18 years of age occurring in 

the States. 

(2)(A) Subject to paragraph (3), if the aggregate amount appropriated for a fiscal year to carry out this subchapter is less 

than $75,000,000, then the amount allocated to each State for 

such fiscal year shall be not less than $325,000, or such greater amount up to $400,000 as is available to be allocated without reducing the amount of any State or territory’s allocation 

below the amount allocated for fiscal year 2000 except that the 

amount allocated to the Virgin Islands of the United States, 

Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be not less than $75,000, or such 

greater amount up to $100,000 as is available to be allocated 

without reducing the amount of any State or territory’s allocation below the amount allocated for fiscal year 2000, each. 

(B) Subject to paragraph (3), if the aggregate amount appropriated for a fiscal year to carry out this subchapter equals or 

exceeds $75,000,000, then the amount allocated to each State 

for such fiscal year shall be not less than $600,000, except that 

the amount allocated to the Virgin Islands of the United 

States, Guam, American Samoa, and the Commonwealth of the 

Northern Mariana Islands shall be not less than $100,000, or 

such greater amount up to $100,000 as is available to be allocated without reducing the amount of any State or territory’s 

allocation below the amount allocated for fiscal year 2000 each. 

(3) If, as a result of paragraph (2), the amount allocated to 

a State for a fiscal year would be less than the amount allocated to such State for fiscal year 2000, then the amounts allocated to satisfy the requirements of such paragraph shall be 

reduced pro rata to the extent necessary to allocate to such 

State for the fiscal year the amount allocated to such State for 

fiscal year 2000. 


smartinez on DSKB9S0YB1PROD with REPORTS
42 

(b) REALLOCATION OF UNOBLIGATED FUNDS.—If any amount so 

allocated remains unobligated at the end of the fiscal year, such 

funds shall be reallocated in a manner equitable and consistent 

with the purpose of this part. Any amount so reallocated shall be 

in addition to the amounts already allocated and available to the 

State, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands for the same period. 

(c)(1) If any amount allocated under subsection (a) is withheld 

from a State due to noncompliance with the core requirements, the 

funds shall be reallocated for an improvement grant designed to assist the State in achieving compliance with the core requirements. 

(2) The Administrator shall condition a grant described in paragraph (1) on— 

(A) the State, with the approval of the Administrator, developing specific action steps designed to restore compliance with 

the core requirements; and 

(B) submitting to the Administrator semiannually a report on 

progress toward implementing the specific action steps developed under subparagraph (A). 

(3) The Administrator shall provide appropriate and effective 

technical assistance directly or through an agreement with a contractor to assist a State receiving a grant described in paragraph 

(1) in achieving compliance with the core requirements. 

ø(c)¿(d) USE OF ALLOCATED FUNDS FOR DEVELOPMENT, ETC., OF

STATE PLANS; LIMITATIONS; MATCHING REQUIREMENTS.—In accordance with regulations promulgated under this part, a portion of 

any allocation to any State under this part shall be available to develop a State plan or for other pre-award activities associated with 

such State plan, and to pay that portion of the expenditures which 

are necessary for øefficient administration, including monitoring, 

evaluation, and one full-time staff position¿ effective and efficient 

administration, including the designation of at least 1 person to coordinate efforts to achieve and sustain compliance with the core requirements. Not more than 10 percent of the total annual allocation 

of such State shall be available for such purposes except that any 

amount expended or obligated by such State, or by units of local 

government or any combination thereof, from amounts made available under this subsection shall be matched (in an amount equal 

to any such amount so expended or obligated) by such State, or by 

such units or combinations, from State or local funds, as the case 

may be. The State shall make available needed funds for planning 

and administration to units of local government or combinations 

thereof within the State on an equitable basis. 

ø(d)¿(e) MINIMUM ANNUAL ALLOCATION FOR ASSISTANCE OF ADVISORY GROUP.—In accordance with regulations promulgated under 

this part, ø5 per centum of the minimum¿ not more than 5 percent 

of the annual allocation to any State under this part shall be available to assist the advisory group established under section 

5633(a)(3) of this title. 

§ 5633. State plans 

(a) REQUIREMENTS.—In order to receive formula grants under 

this part, a State shall submit a plan for carrying out its purposes 

applicable to a 3-year period. Such plan shall be amended annually 


smartinez on DSKB9S0YB1PROD with REPORTS
43 

to include new programs, projects, and activities. The State shall 

submit annual performance reports to the Administrator which 

shall describe progress in implementing programs contained in the 

original plan, and shall describe the status of compliance with 

State plan requirements. Not later than 30 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 a publicly available website. In accordance with regulations which the Administrator shall prescribe, such plan shall— 

(1) designate the State agency described in section 5671(c)(1) 

of this title as the sole agency for supervising the preparation 

and administration of the plan; 

(2) contain satisfactory evidence that the State agency designated in accordance with paragraph (1) has or will have authority, by legislation if necessary, to implement such plan in 

conformity with this part; 

(3) provide for an advisory group, that— 

(A) shall consist of not less than 15 and not more than 

33 members appointed by the chief executive officer of the 

State— 

(i) which members have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency, the administration of juvenile justice, or the reduction of juvenile delinquency; 

(ii) which members include— 

(I) at least 1 locally elected official representing 

general purpose local government; 

(II) representatives of law enforcement and juvenile justice agencies, including juvenile and 

family court judges, prosecutors, øcounsel for children and youth¿ publicly supported court-appointed legal counsel for children and you charged 

in delinquency matters, and probation workers; 

(III) representatives of public agencies concerned with delinquency prevention or treatment, 

such as welfare, social services, ømental health, 

education, special education¿ children’s mental 

health, education, child and adolescent substance 

abuse, special education, services for youth with 

disabilities, recreation, and youth services; 

(IV) representatives of private nonprofit organizations, including persons with a special focus on 

preserving and strengthening families, parent 

groups and parent self-help groups, youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, education, and social services for children; 

(V) volunteers who work with ødelinquents or 

potential delinquents¿ delinquent youth or youth 

at risk of delinquency, including volunteers who 

work with youth of color; 


smartinez on DSKB9S0YB1PROD with REPORTS
44 

(VI) youth workers involved with programs that 

are alternatives to incarceration, including programs providing organized recreation activities; 

(VII) persons with special experience and competence in addressing problems related to school 

violence and vandalism and alternatives to suspension and expulsion; øand¿ 

(VIII) the executive director or the designee of the 

executive director of a public or nonprofit entity 

that is located in the State and receiving a grant 

under part A of title III; 

(IX) persons with expertise and competence in 

preventing and addressing mental health or substance abuse needs in juvenile delinquents and 

those at-risk of delinquency; 

(X) representatives of victim or witness advocacy 

groups; and 

ø(VIII)¿(XI) persons with special experience and 

competence in addressing problems related to 

learning ødisabilities¿ and other disabilities, truancy reduction or school failure, emotional difficulties, child abuse and neglect, and youth violence; 

(iii) a majority of which members (including the 

chairperson) shall not be full-time employees of the 

Federal, State, or local government; 

(iv) at least one-fifth of which members shall be 

under the age of 24 at the time of appointment; and 

(v) at least 3 members who have been or are currently under the jurisdiction of the juvenile justice system; 

(B) shall participate in the development and review of 

the State’s juvenile justice plan prior to submission to the 

supervisory board for final action; 

(C) shall be afforded the opportunity to review and comment, not later than 30 days after their submission to the 

advisory group, on all juvenile justice and delinquency prevention grant applications submitted to the State agency 

designated under paragraph (1); 

(D) shall, consistent with this subchapter— 

(i) advise the State agency designated under paragraph (1) and its supervisory board; and 

(ii) submit to the chief executive officer and the legislature of the State at least annually recommendations regarding State compliance with the ørequirements of paragraphs (11), (12), and (13)¿ core requirements; and 

(iii) contact and seek regular input from juveniles 

currently under the jurisdiction of the juvenile justice 

system; and 

(E) may, consistent with this subchapter— 

(i) advise on State supervisory board and local criminal justice advisory board composition; and 

(ii) review progress and accomplishments of projects 

funded under the State plan. 


smartinez on DSKB9S0YB1PROD with REPORTS
45 

(4) provide for the active consultation with and participation 

of units of local government or combinations thereof in the development of a State plan which adequately takes into account 

the needs and requests of units of local government, except 

that nothing in the plan requirements, or any regulations promulgated to carry out such requirements, shall be construed to 

prohibit or impede the State from making grants to, or entering into contracts with, local private agencies or the advisory 

group; 

(5) unless the provisions of this paragraph are waived at the 

discretion of the Administrator for any State in which the services for delinquent or other youth are organized primarily on 

a statewide basis, provide that at least 662⁄3 per centum of 

funds received by the State under section 5632 of this title reduced by the percentage (if any) specified by the State under 

the authority of paragraph (25) and excluding funds made 

available to the State advisory group under øsection 5632(d)¿ 

section 5632(e) of this title, shall be expended— 

(A) through programs of units of local government or 

combinations thereof, to the extent such programs are consistent with the State plan; 

(B) through programs of local private agencies, to the extent such programs are consistent with the State plan, except that direct funding of any local private agency by a 

State shall be permitted only if such agency requests such 

funding after it has applied for and been denied funding 

by any unit of local government or combination thereof; 

and 

(C) to provide funds for programs of øIndian tribes that 

perform law enforcement functions (as determined by the 

Secretary of the Interior) and that agree to attempt to 

comply with the requirements specified in paragraphs (11), 

(12), and (13), applicable to the detention and confinement 

of juveniles¿ Indian tribes that agree to attempt to comply 

with the core requirements applicable to the detention and 

confinement of juveniles, an amount that bears the same 

ratio to the aggregate amount to be expended through programs referred to in subparagraphs (A) and (B) as the population under 18 years of age in the geographical areas in 

which such tribes perform such functions bears to the 

State population under 18 years of age, 

(6) provide for an equitable distribution of the assistance received under section 5632 of this title within the State, including in rural areas; 

(7)(A) provide for an analysis of juvenile delinquency problems in, and the juvenile delinquency control and delinquency 

prevention needs (including educational needs) of, the State 

ø(including any geographical area in which an Indian tribe 

performs law enforcement functions)¿ (including any geographical area of which an Indian tribe has jurisdiction), a description of the services to be provided, and a description of 

performance goals and priorities, including a specific statement 

of the manner in which programs are expected to meet the 

identified juvenile crime problems (including the joining of 


smartinez on DSKB9S0YB1PROD with REPORTS
46 

gangs that commit crimes) and juvenile justice and delinquency prevention needs (including educational needs) of the 

State; and 

(B) contain— 

ø(i) an analysis of gender-specific services for the prevention and treatment of juvenile delinquency, including 

the types of such services available and the need for such 

services;¿ 

(i) a plan for ensuring that the chief executive officer of 

the State, State legislature, and all appropriate public 

agencies in the State with responsibility for provision of 

services to children, youth and families are informed of the 

requirements of the State plan and compliance with the 

core requirements; 

(ii) a plan for providing needed gender-specific services 

for the prevention and treatment of juvenile delinquency; 

(iii) a plan for providing needed services for the prevention and treatment of juvenile delinquency in rural areas; 

øand¿ 

ø(iv) a plan for providing needed mental health services 

to juveniles in the juvenile justice system, including information on how such plan is being implemented and how 

such services will be targeted to those juveniles in such 

system who are in greatest need of such services;¿ 

(iv) a plan to provide alternatives to detention, including 

diversion to home-based or community-based services that 

are culturally and linguistically competent or treatment for 

those youth in need of mental health, substance abuse, or 

co-occurring disorder services at the time such juveniles 

first come into contact with the juvenile justice system; 

(v) a plan to reduce the number of children housed in secure detention and corrections facilities who are awaiting 

placement in residential treatment programs; 

(vi) a plan to engage family members in the design and 

delivery of juvenile delinquency prevention and treatment 

services, particularly post-placement; and 

(vii) a plan to use community-based services to address 

the needs of at-risk youth or youth who have come into contact with the juvenile justice system; 

(8) provide for the coordination and maximum utilization of 

øexisting¿ evidence based and promising juvenile delinquency 

programs, programs operated by public and private agencies 

and organizations, and other related programs (such as education, special education, recreation, health, and welfare programs) in the State; 

(9) provide that not less than 75 percent of the funds available to the State under section 5632 of this title, other than 

funds made available to the State advisory group under øsection 5632(d)¿ section 5632(e) of this title, whether expended directly by the State, by the unit of local government, or by a 

combination thereof, or through grants and contracts with public or private nonprofit agencies, shall be used for— 


smartinez on DSKB9S0YB1PROD with REPORTS
47 

(A) community-based alternatives (including home-based 

alternatives) to incarceration and institutionalization, including— 

(i) for status offenders and other youth who need 

temporary placement: crisis intervention, shelter, and 

after-care; and 

(ii) for youth who need residential placement: a continuum of foster care or group home alternatives that 

provide access to a comprehensive array of services; 

(B) community-based programs and services to work 

with— 

(i) øparents and other family members¿ status offenders, other youth, and the parents and other family 

members of such offenders and youth to strengthen 

families, including parent self-help groups, so that juveniles may øbe retained¿ remain in their homes; 

(ii) juveniles during their incarceration, and with 

their families, to ensure the safe return of such juveniles to their homes and to strengthen the families; 

and 

(iii) parents with limited English-speaking ability, 

particularly in areas where there is a large population 

of families with limited-English speaking ability; 

(C) comprehensive juvenile justice and delinquency prevention programs that meet the needs of youth through 

the collaboration of the many local systems before which 

a youth may appear, including schools, courts, law enforcement agencies, child protection agencies, mental health 

agencies, welfare services, health care agencies, and private nonprofit agencies offering youth services; 

(D) programs that provide treatment to juvenile offenders who are victims of child abuse or neglect, and to their 

families, in order to reduce the likelihood that such juvenile offenders will commit subsequent violations of law; 

(E) providing training and technical assistance to, and 

consultation with, juvenile justice and child welfare agencies of States and units of local government to develop coordinated plans for early intervention and treatment of 

youth who have a history of abuse and juveniles who have 

prior involvement with the juvenile justice system; 

ø(E)¿(F) educational programs or supportive services for 

delinquent or other juveniles— 

(i) to encourage juveniles to remain in elementary 

and secondary schools or in alternative learning situations; 

(ii) to provide services to assist juveniles in making 

the transition to the world of work and self-sufficiency; 

and 

(iii) to enhance coordination with the local schools 

that such juveniles would otherwise attend, to ensure 

that— 

(I) the instruction that juveniles receive outside 

school is closely aligned with the instruction provided in school; and 


smartinez on DSKB9S0YB1PROD with REPORTS
48 

(II) information regarding any learning problems identified in such alternative learning situations are communicated to the schools; 

ø(F)¿(G) øexpanding¿ programs to expand the use of probation officers— 

(i) particularly for the purpose of permitting nonviolent juvenile offenders (including status offenders) 

to remain at home with their families as an alternative to incarceration or institutionalization; and 

(ii) to ensure that juveniles follow the terms of their 

probation; 

(H) programs to improve the recruitment, selection, training, and retention of professional personnel in the fields of 

medicine, law enforcement, 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; 

(I) expanding access to publicly supported, court-appointed legal counsel and enhancing capacity for the competent representation of every child; 

ø(G)¿(J) counseling, training, and mentoring programs, 

which may be in support of academic tutoring, vocational 

and technical training, and drug and violence prevention 

counseling, that are designed to link at-risk juveniles, juvenile offenders, or juveniles who have a parent or legal 

guardian who is or was incarcerated in a Federal, State, 

or local correctional facility or who is otherwise under the 

jurisdiction of a Federal, State, or local criminal justice 

system, particularly juveniles residing in low-income and 

high-crime areas and juveniles experiencing educational 

failure, with responsible individuals (such as law enforcement officials, Department of Defense personnel, individuals working with local businesses, and individuals working with community-based and faith-based organizations 

and agencies) who are properly screened and trained; 

ø(H)¿(K) programs designed to develop and implement 

projects relating to juvenile delinquency and learning disabilities, including on-the-job training programs to assist 

community services, law enforcement, and juvenile justice 

personnel to more effectively recognize and provide for 

learning disabled and other juveniles with disabilities; 

ø(I)¿(L) projects designed both to deter involvement in illegal activities and to promote involvement in lawful activities on the part of gangs whose membership is substantially composed of youth; 

ø(J)¿(M) programs and projects designed to provide for 

the treatment of youths’ dependence on or abuse of alcohol 

or other addictive or nonaddictive drugs; 

ø(K)¿(N) programs for positive youth development that 

assist delinquent and other at-risk youth in obtaining— 

(i) a sense of safety and structure; 

(ii) a sense of belonging and membership; 

(iii) a sense of self-worth and social contribution; 


smartinez on DSKB9S0YB1PROD with REPORTS
49 

(iv) a sense of independence and control over one’s 

life; and 

(v) a sense of closeness in interpersonal relationships; 

ø(L)¿(O) programs that, in recognition of varying degrees 

of the seriousness of delinquent behavior and the corresponding gradations in the responses of the juvenile justice system in response to that behavior, are designed to— 

(i) encourage courts to develop and implement a continuum of post-adjudication ørestraints¿ alternatives 

that bridge the gap between traditional probation and 

confinement in a correctional setting (including expanded use of probation, mediation, restitution, community service, treatment, home detention, intensive 

supervision, electronic monitoring, and similar programs, and secure community-based treatment facilities linked to other support services such as health, 

mental health, education (remedial and special), job 

training, and recreation); and 

(ii) assist in the provision øby the provision¿ by the 

Administrator of information and technical assistance, 

including technology transfer, to States in the design 

and utilization of risk assessment mechanisms to aid 

juvenile justice personnel in determining appropriate 

sanctions for delinquent behavior; 

ø(M)¿(P) community-based programs and services to 

work with juveniles, their parents, and other family members during and after incarceration in order to strengthen 

families so that such juveniles may be retained in their 

homes; 

ø(N)¿(Q) programs (including referral to literacy programs and social service programs) to assist families with 

limited English-speaking ability that include delinquent 

juveniles to overcome language and other barriers that 

may prevent the complete treatment of such juveniles and 

the preservation of their families; 

ø(O)¿(R) programs designed to prevent and reduce hate 

crimes committed by juveniles; 

ø(P)¿(S) after-school programs that provide at-risk juveniles and juveniles in the juvenile justice system with a 

range of age-appropriate activities, including tutoring, 

mentoring, and other educational and enrichment activities; 

ø(Q)¿(T) community-based programs that provide followup post-placement services to adjudicated juveniles, to promote successful reintegration into the community; 

ø(R)¿(U) projects designed to develop and implement 

programs to protect the rights of juveniles affected by the 

juvenile justice system; and 

ø(S)¿(V) programs designed to provide mental health 

services for incarcerated juveniles suspected to be in need 

of such services, including assessment, development of individualized treatment plans, and discharge plansø.¿; 


smartinez on DSKB9S0YB1PROD with REPORTS
50 

(10) provide for the development of an adequate research, 

training, and evaluation capacity within the State; 

(11) shall, in accordance with rules issued by the Administrator, provide that— 

(A) juveniles who are charged with or who have committed an offense that would not be criminal if committed 

by an adult, excluding— 

(i) juveniles who are charged with or who have committed a violation of section 922(x)(2) of Title 18 or of 

a similar State law; 

(ii) juveniles who are charged with or who have committed a violation of a valid court order; and 

(iii) juveniles who are held in accordance with the 

Interstate Compact on Juveniles as enacted by the 

State; 

shall not be placed in secure detention facilities or secure 

correctional facilities; øand¿ 

(B) juveniles— 

(i) who are not charged with any offense; and 

(ii) who are— 

(I) aliens; or 

(II) alleged to be dependent, neglected, or 

abused; 

shall not be placed in secure detention facilities or secure correctional facilities; and 

(C) encourage the use of community-based alternatives to 

secure detention, including programs of public and nonprofit entities receiving a grant under part A of title III; 

(12) provide that— 

(A) juveniles alleged to be or found to be delinquent or 

juveniles within the purview of paragraph (11) will not be 

detained or confined in any institution in which they have 

øcontact¿ sight and sound contact with adult inmates; and 

(B) there is in effect in the State a policy that requires 

individuals who work with both such juveniles and such 

adult inmates, including in collocated facilities, have been 

trained and certified to work with juveniles; 

(13) provide that no juvenile will be detained or confined in 

any jail or lockup for adults except— 

(A) juveniles who are accused of nonstatus offenses and 

who are detained in such jail or lockup for a period not to 

exceed 6 hours— 

(i) for processing or release; 

(ii) while awaiting transfer to a juvenile facility; or 

(iii) in which period such juveniles make a court appearance; 

and only if such juveniles do not have øcontact¿ sight and 

sound contact with adult inmates and only if there is in effect in the State a policy that requires individuals who 

work with both such juveniles and adult inmates in collocated facilities have been trained and certified to work 

with juveniles; 

(B) juveniles who are accused of nonstatus offenses, who 

are awaiting an initial court appearance that will occur 


smartinez on DSKB9S0YB1PROD with REPORTS
51 

within 48 hours after being taken into custody (excluding 

Saturdays, Sundays, and legal holidays), and who are detained in a jail or lockup— 

(i) in which— 

(I) such juveniles do not have øcontact¿ sight 

and sound contact with adult inmates; and 

(II) there is in effect in the State a policy that 

requires individuals who work with both such juveniles and adults inmates in collocated facilities 

have been trained and certified to work with juveniles; and 

(ii) that— 

(I) is located outside a metropolitan statistical 

area (as defined by the Office of Management and 

Budget) and has no existing acceptable alternative 

placement available; 

(II) is located where conditions of distance to be 

traveled or the lack of highway, road, or transportation do not allow for court appearances within 

48 hours (excluding Saturdays, Sundays, and legal 

holidays) so that a brief (not to exceed an additional 48 hours) delay is excusable; or 

(III) is located where conditions of safety exist 

(such as severe adverse, life-threatening weather 

conditions that do not allow for reasonably safe 

travel), in which case the time for an appearance 

may be delayed until 24 hours after the time that 

such conditions allow for reasonable safe travel; 

(14) require that— 

(A) not later than 3 years after the date of enactment of 

the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009, 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 and sound contact with adult 

inmates; and 

(ii) except as provided in paragraph (13), may not be 

held in any jail or lockup for adults; 

(B) in determining under subparagraph (A) whether it is 

in the interest of justice to permit a juvenile to be held in 

any jail or lockup for adults, or have sight and 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; 


smartinez on DSKB9S0YB1PROD with REPORTS
52 

(vi) the relative ability of the available adult and juvenile detention facilities to meet the specific needs of 

the juvenile and to protect the public; 

(vii) whether placement in a juvenile facility will better serve the long-term interests of the juvenile and be 

more likely to prevent recidivism; 

(viii) the availability of programs designed to treat 

the juvenile’s behavioral problems; and 

(ix) any other relevant factor; and 

(C) if a court determines under subparagraph (A) that it 

is in the interest of justice to permit a juvenile to be held 

in any jail or lockup for adults, or have sight and sound 

contact with adult inmates— 

(i) the court shall hold a hearing not less frequently 

than once every 30 days to review whether it is still in 

the interest of justice to permit the juvenile to be so 

held or have such sight and sound contact; and 

(ii) the juvenile shall not be held in any jail or lockup for adults, or permitted to have sight and 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; 

(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 coordinating bodies, composed of juvenile 

justice stakeholders at the State, local, or tribal levels, to 

oversee and monitor efforts by States, units of local government, and Indian tribes to reduce racial and ethnic disparities; 

(B) identifying and analyzing key decision points in 

State, local, or tribal juvenile justice systems to determine 

which points create racial and ethnic disparities among 

youth who come into contact with the juvenile justice system; 

(C) developing and implementing data collection and 

analysis systems to identify where racial and ethnic disparities exist in the juvenile justice system and to track and 

analyze such disparities; 

(D) 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 subparagraphs (B) and (C); 

and 

(E) publicly reporting, on an annual basis, the efforts 

made in accordance with subparagraphs (B), (C), and (D); 

ø(14)¿(16) provide for an øadequate system¿ effective system 

of monitoring jails, detention facilities, correctional facilities, 

and non-secure facilities to insure that the ørequirements of 

paragraphs (11), (12), and (13) are met, and for annual reportVerDate Mar 15 2010 06:33 Aug 12, 2010 Jkt 089010 PO 00000 Frm 00052 Fmt 6604 Sfmt 6602 E:\HR\OC\SR280.XXX SR280

smartinez on DSKB9S0YB1PROD with REPORTS
53 

ing of the results of such monitoring to the Administrator¿ the 

core requirements are met, and for annual reporting to the Administrator of such plan, including the results of such monitoring and all related enforcement and educational activities, 

except that such reporting requirements shall not apply in the 

case of a State which is in compliance with the other requirements of this paragraph, which is in compliance with the requirements in paragraphs (11) and (12), and which has enacted 

legislation which conforms to such requirements and which 

containsø, in the opinion of the Administrator,¿ sufficient enforcement mechanisms to ensure that such legislation will be 

administered effectively; 

ø(15)¿(17) provide assurance that youth in the juvenile justice system are treated equitably on the basis of gender, race, 

ethnicity, family income, and disability; 

ø(16)¿(18) provide assurance that consideration will be given 

to and that assistance will be available for approaches designed to strengthen the families of delinquent and other youth 

to prevent juvenile delinquency (which approaches should include the involvement of grandparents or other extended family members when possible and appropriate and the provision 

of family counseling during the incarceration of juvenile family 

members and coordination of family services when appropriate 

and feasible); 

ø(17)¿(19) provide for procedures to be established for protecting the rights of recipients of services and for assuring appropriate privacy with regard to records relating to such services provided to any individual under the State plan; 

ø(18)¿(20) provide assurances that— 

(A) any assistance provided under this chapter will not 

cause the displacement (including a partial displacement, 

such as a reduction in the hours of nonovertime work, 

wages, or employment benefits) of any currently employed 

employee; 

(B) activities assisted under this chapter will not impair 

an existing collective bargaining relationship, contract for 

services, or collective bargaining agreement; and 

(C) no such activity that would be inconsistent with the 

terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization involved; 

ø(19)¿(21) provide for such fiscal control and fund accounting 

procedures necessary to assure prudent use, proper disbursement, and accurate accounting of funds received under this 

subchapter; 

ø(20)¿(22) provide reasonable assurance that Federal funds 

made available under this part for any period will be so used 

as to supplement and increase (but not supplant) the level of 

the State, local, and other non-Federal funds that would in the 

absence of such Federal funds be made available for the programs described in this part, and will in no event replace such 

State, local, and other non-Federal funds; 

ø(21)¿(23) provide that the State agency designated under 

paragraph (1) will— 


smartinez on DSKB9S0YB1PROD with REPORTS
54 

(A) to the extent practicable give priority in funding to 

programs and activities that are based on rigorous, systematic, and objective research that is scientifically based; 

(B) from time to time, but not less than annually, review 

its plan and submit to the Administrator an analysis and 

evaluation of the effectiveness of the programs and activities carried out under the plan, and any modifications in 

the plan, including the survey of State and local needs, 

that it considers necessary; and 

(C) not expend funds to carry out a program if the recipient of funds who carried out such program during the preceding 2-year period fails to demonstrate, before the expiration of such 2-year period, that such program achieved 

substantial success in achieving the goals specified in the 

application submitted by such recipient to the State agency; 

ø(22) address juvenile delinquency prevention efforts and 

system improvement efforts designed to reduce, without establishing or requiring numerical standards or quotas, the disproportionate number of juvenile members of minority groups, 

who come into contact with the juvenile justice system;¿ 

ø(23)¿(24) provide that if a juvenile is taken into custody for 

violating a valid court order issued for committing a status offense— 

(A) an appropriate public agency shall be promptly notified that such juvenile is held in custody for violating such 

order; 

(B) not later than 24 hours during which such juvenile 

is so held, an authorized representative of such agency 

shall interview, in person, such juvenile; øand¿ 

(C) not later than 48 hours during which such juvenile 

is so held— 

(i) such representative shall submit an assessment 

to the court that issued such order, regarding the immediate needs of such juvenile; øand¿ 

(ii) such court shall conduct a hearing to determine— 

(I) whether there is reasonable cause to believe 

that such juvenile violated such order; and 

(II) the appropriate placement of such juvenile 

pending disposition of the violation alleged; and 

(iii) if such court determines the juvenile 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 juvenile 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 


smartinez on DSKB9S0YB1PROD with REPORTS
55 

juvenile in such a facility, with due consideration to the best interest of the juvenile; 

(dd) specifies the length of time, not to exceed 7 days, that the juvenile may remain in 

a secure detention facility or correctional facility, and includes a plan for the juvenile’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 

juvenile, unless the juvenile violates a valid court 

order after the date on which the court issues an 

order described in subclause (I); 

(D) there are procedures in place to ensure that any juvenile held in a secure detention facility or correctional facility pursuant to a court order described in this paragraph 

does not remain in custody longer than 7 days or the length 

of time authorized by the court, whichever is shorter; and 

(E) not later than 3 years after the date of enactment of 

the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009 with a 1-year extension for each additional year that the State can demonstrate hardship as determined by the Administrator, the State will eliminate the 

use of valid court orders to provide secure lockup of status 

offenders; 

ø(24)¿(25) provide an assurance that if the State receives 

under section 5632 of this title for any fiscal year an amount 

that exceeds 105 percent of the amount the State received 

under such section for fiscal year 2000, all of such excess shall 

be expended through or for programs that are part of a comprehensive and coordinated community system of services; 

ø(25)¿(26) specify a percentage (if any), not to exceed 5 percent, of funds received by the State under section 5632 of this 

title (other than funds made available to the State advisory 

group under øsection 5632(d)¿ section 5632(e) of this title) that 

the State will reserve for expenditure by the State to provide 

incentive grants to units of general local government that reduce the caseload of probation officers within such units; 

ø(26)¿(27) provide that the State, to the maximum extent 

practicable, and in accordance with confidentiality concerns, 

will implement a system to ensure that if a juvenile is before 

a court in the juvenile justice system, public child welfare 

records (including child protective services records) relating to 

such juvenile that are on file in the geographical area under 

the jurisdiction of such court will be made known to such 

courtø;¿, so as to provide for— 

(A) a compilation of data reflecting information on juveniles entering the juvenile justice system with a prior reported history as victims of child abuse or neglect through 

arrest, court intake, probation and parole, juvenile detention, and corrections; and 

(B) a plan to use the data described in subparagraph (A) 

to provide necessary services for the treatment of victims of 


smartinez on DSKB9S0YB1PROD with REPORTS
56 

child abuse and neglect who have entered, or are at risk of 

entering, the juvenile justice system; 

ø(27)¿(28) øestablish policies¿ establish protocols, policies, 

procedures, and systems to incorporate relevant child protective services records into juvenile justice records for purposes 

of establishing and implementing treatment plans for juvenile 

offenders; øand¿ 

ø(28)¿(29) provide assurances that juvenile offenders whose 

placement is funded through section 672 of this title receive 

the protections specified in section 671 of this title, including 

a case plan and case plan review as defined in section 675 of 

this titleø.¿; 

(30) provide for the coordinated use of funds provided under 

this Act with other Federal and State funds directed at juvenile 

delinquency prevention and intervention programs; 

(31) develop policies and procedures, and provide training for 

facility staff to eliminate the use of dangerous practices, unreasonable restraints, and unreasonable isolation, including by developing effective behavior management techniques; 

(32) describe— 

(A) how the State will ensure that mental health and 

substance abuse screening, assessment, referral, and treatment for juveniles in the juvenile justice system includes efforts to implement an evidence-based mental health and 

substance abuse disorder screening and assessment program for all juveniles held in a secure facility for a period 

of more than 24 hours that provides for 1 or more initial 

screenings and, if an initial screening of a juvenile demonstrates a need, further assessment; 

(B) the method to be used by the State to provide screening and, where needed, assessment, referral, and treatment 

for youth who request or show signs of needing mental 

health or substance abuse screening, assessment, referral, 

or treatment during the period after the initial screening 

that the youth is incarcerated; 

(C) the method to be used by the State to provide or arrange for mental health and substance abuse disorder 

treatment for juveniles determined to be in need of such 

treatment; and 

(D) the policies of the State designed to develop and implement comprehensive collaborative State or local plans to 

meet the service needs of juveniles with mental health or 

substance abuse needs who come into contact with the justice system and the families of the juveniles; 

(33) provide procedural safeguards to adjudicated juveniles, 

including— 

(A) a written case plan for each juvenile, based on an assessment of the needs of the juvenile and developed and updated in consultation with the juvenile, the family of the juvenile, and, if appropriate, counsel for the juvenile, that— 

(i) describes the pre-release and post-release programs and reentry services that will be provided to the 

juvenile; 


smartinez on DSKB9S0YB1PROD with REPORTS
57 

(ii) describes the living arrangement to which the juvenile is to be discharged; and 

(iii) establishes a plan for the enrollment of the juvenile in post-release health care, behavioral health care, 

educational, vocational, training, family support, public assistance, and legal services programs, as appropriate; 

(B) as appropriate, a hearing that— 

(i) shall take place in a family or juvenile court or 

another court (including a tribal court) of competent 

jurisdiction, or by an administrative body appointed or 

approved by the court, not earlier than 30 days before 

the date on which the juvenile is scheduled to be released, and at which the juvenile would be represented 

by counsel; and 

(ii) shall determine the discharge plan for the juvenile, including a determination of whether a safe, appropriate, and permanent living arrangement has been 

secured for the juvenile and whether enrollment in 

health care, behavioral health care, educational, vocational, training, family support, public assistance and 

legal services, as appropriate, has been arranged for 

the juvenile; and 

(C) policies to ensure that discharge planning and procedures— 

(i) are accomplished in a timely fashion prior to the 

release from custody of each adjudicated juvenile; and 

(ii) do not delay the release from custody of the juvenile; and 

(34) provide a description of the use by the State of funds for 

reentry and aftercare services for juveniles released from the juvenile justice system. 

(b) APPROVAL BY STATE AGENCY.—The State agency designated 

under subsection (a)(1) of this section, after receiving and considering the advice and recommendations of the advisory group referred to in subsection (a) of this section, shall approve the State 

plan and any modification thereof prior to submission to the Administrator. 

(c) COMPLIANCE WITH STATUTORY REQUIREMENTS.—If a State 

fails to comply with any of the øapplicable requirements of paragraphs (11), (12), (13), and (22) of subsection (a)¿ core requirements 

of this section in any fiscal year beginning after September 30, 

ø2001¿ 2010, then— 

(1) subject to paragraph (2), the amount allocated to such 

State under section 5632 of this title for øthe subsequent fiscal 

year¿ that fiscal year shall be reduced by not less than 20 percent for each such paragraph with respect to which the failure 

occursø, and¿; 

(2) the State shall be ineligible to receive any allocation 

under such section for such fiscal year unless— 

(A) the State agrees to expend 50 percent of the amount 

allocated to the State for such fiscal year to achieve compliance with any such paragraph with respect to which the 

State is in noncompliance; or 


smartinez on DSKB9S0YB1PROD with REPORTS
58 

(B) the Administrator determines that the State— 

(i) has achieved substantial compliance with such 

applicable requirements with respect to which the 

State was not in compliance; and 

(ii) has made, through appropriate executive, administrative, or legislative action, an unequivocal commitment to achieving full compliance with such applicable 

requirements within a reasonable timeø.¿, as specified 

in section 222(c); and 

(3) the State shall submit to the Administrator a report detailing the reasons for noncompliance with the core requirements, including the plan of the State to regain full compliance, 

and the State shall make publicly available such report, not 

later than 30 days after the date on which the Administrator 

approves the report, by posting the report on a publicly available website. 

(d) NONSUBMISSION OR NONQUALIFICATION OF PLAN; EXPENDITURE OF ALLOTTED FUNDS; AVAILABILITY OF REALLOCATED

FUNDS.—In the event that any State chooses not to submit a plan, 

fails to submit a plan, or submits a plan or any modification thereof, which the Administrator, after reasonable notice and opportunity for hearing, in accordance with sections 3783, 3784, and 

3785 of this title, determines does not meet the requirements of 

this section, the Administrator shall endeavor to make that State’s 

allocation under the provisions of section 5632(a) of this title, excluding funds the Administrator shall make available to satisfy the 

requirement specified in øsection 5632(d)¿ section 222(e) of this 

title, available to local public and private nonprofit agencies within 

such State for use in carrying out activities of the kinds ødescribed 

in paragraphs (11), (12), (13), and (22) of subsection (a)¿ described 

in the core requirements of this section. The Administrator shall 

make funds which remain available after disbursements are made 

by the Administrator under the preceding sentence, and any other 

unobligated funds, available on an equitable basis and to those 

States that have achieved full compliance with øthe requirements 

under paragraphs (11), (12), (13), and (22) of subsection (a)¿ the 

core requirements of this section. 

(e) Notwithstanding any other provision of law, the Administrator shall establish appropriate administrative and supervisory 

board membership requirements for a State agency designated 

under subsection (a)(1) of this section and permit the State advisory group appointed under subsection (a)(3) of this section to operate as the supervisory board for such agency, at the discretion of 

the chief executive officer of the State. 

ø(f) TECHNICAL ASSISTANCE.— 

ø(1) IN GENERAL.—The Administrator shall provide technical 

and financial assistance to an eligible organization composed of 

member representatives of the State advisory groups appointed 

under subsection (a)(3) of this section to assist such organization to carry out the functions specified in paragraph (2). 

ø(2) ASSISTANCE.—To be eligible to receive such assistance, 

such organization shall agree to carry out activities that include— 


smartinez on DSKB9S0YB1PROD with REPORTS
59 

ø(A) conducting an annual conference of such member 

representatives for purposes relating to the activities of 

such State advisory groups; 

ø(B) disseminating information, data, standards, advanced techniques, and program models; 

ø(C) reviewing Federal policies regarding juvenile justice 

and delinquency prevention; 

ø(D) advising the Administrator with respect to particular functions or aspects of the work of the Office; and 

ø(E) advising the President and Congress with regard to 

State perspectives on the operation of the Office and Federal legislation pertaining to juvenile justice and delinquency prevention.¿ 

(f) COMPLIANCE DETERMINATION.— (1) IN GENERAL.—Not later than 60 days after the date of receipt of information indicating that a State may be out of compliance with any of the core requirements, the Administrator 

shall determine whether the State is in compliance with the 

core requirements. 

(2) REPORTING.—The Administrator shall— 

(A) issue an annual public report— 

(i) describing any determination described in paragraph (1) made during the previous year, including a 

summary of the information on which the determination is based and the actions to be taken by the Administrator (including a description of any reduction imposed under subsection (c)); and 

(ii) for any such determination that a State is out of 

compliance with any of the core requirements, describing the basis for the determination; and 

(B) make the report described in subparagraph (A) available on a publicly available website. 

(g) TECHNICAL ASSISTANCE.— (1) ORGANIZATION OF STATE ADVISORY GROUP MEMBER REPRESENTATIVES.—The Administrator shall provide technical and 

financial assistance to an agency, institution, or organization to 

assist in carrying out the activities described in paragraph (3). 

The functions and activities of an agency, institution, or organization under this subsection shall not be subject to the Federal 

Advisory Committee Act. 

(2) COMPOSITION.—To be eligible to receive assistance under 

this subsection, an agency, institution, or organization shall— 

(A) be governed by individuals who— 

(i) have been appointed by a chief executive of a State 

to serve as a member of a State advisory group established under subsection (a)(3); and 

(ii) are elected to serve as a governing officer of such 

an agency, institution, or organization by a majority of 

the member Chairs (or the designees of the member 

Chairs) of all State advisory groups established under 

subsection (a)(3); 

(B) include member representatives— 

(i) from a majority of the State advisory groups established under subsection (a)(3); and 


smartinez on DSKB9S0YB1PROD with REPORTS
60 

(ii) who are representative of regionally and demographically diverse State jurisdictions; and 

(C) annually seek advice from the Chairs (or the designees of the member Chairs) of each State advisory group 

established under subsection (a)(3) to implement the advisory functions specified in subparagraphs (D) and (E) of 

paragraph (3) of this subsection. 

(3) ACTIVITIES.—To be eligible to receive assistance under this 

subsection, an agency, institution, or organization shall agree 

to— 

(A) conduct an annual conference of the member representatives of the State advisory groups established under 

subsection (a)(3) for purposes relating to the activities of 

such State advisory groups; 

(B) disseminate information, data, standards, advanced 

techniques, and program models; 

(C) review Federal policies regarding juvenile justice and 

delinquency prevention; 

(D) advise the Administrator regarding particular functions or aspects of the work of the Office; and 

(E) advise the President and Congress regarding State 

perspectives on the operation of the Office and Federal legislation relating to juvenile justice and delinquency prevention. 

* * * * * * * 

§ 5651. Authority to make grants 

(a) GRANTS TO ELIGIBLE STATES.—The Administrator may make 

grants to eligible States, from funds allocated under section 5652 

of this title, for the purpose of providing financial assistance to eligible entities to carry out projects designed to prevent juvenile delinquency, including— 

(1) projects that provide treatment (including treatment for 

mental health problems) to status offenders, juvenile offenders, 

and juveniles who are at risk of becoming juvenile offenders, 

who are victims of child abuse or neglect or who have experienced violence in their homes, at school, or in the community, 

and to their families, in order to reduce the likelihood that 

such juveniles will commit violations of law; 

(2) educational projects or supportive services for delinquent 

or other juveniles— 

(A) to encourage juveniles to remain in elementary and 

secondary schools or in alternative learning situations in 

educational settings; 

(B) to provide services to assist juveniles in making the 

transition to the world of work and self-sufficiency; 

(C) to assist in identifying learning difficulties (including 

learning disabilities); 

(D) to prevent unwarranted and arbitrary suspensions 

and expulsions; 

(E) to encourage new approaches and techniques with 

respect to the prevention of school violence and vandalism; 


smartinez on DSKB9S0YB1PROD with REPORTS
61 

(F) which assist law enforcement personnel and juvenile 

justice personnel to more effectively recognize and provide 

for learning-disabled and other juveniles with disabilities; 

(G) which develop locally coordinated policies and programs among education, juvenile justice, and social service 

agencies; or 

(H) to provide services to juveniles with serious mental 

and emotional disturbances (SED) in need of mental 

health services; 

(3) projects which expand the use of probation officers— 

(A) particularly for the purpose of permitting nonviolent 

juvenile offenders (including status offenders) to remain at 

home with their families as an alternative to incarceration 

or institutionalization; and 

(B) to ensure that juveniles follow the terms of their probation; 

(4) counseling, training, and mentoring programs, which may 

be in support of academic tutoring, vocational and technical 

training, and drug and violence prevention counseling, that are 

designed to link at-risk juveniles, juvenile offenders, or juveniles who have a parent or legal guardian who is or was incarcerated in a Federal, State, or local correctional facility or who 

is otherwise under the jurisdiction of a Federal, State, or local 

criminal justice system, particularly juveniles residing in lowincome and high-crime areas and juveniles experiencing educational failure, with responsible individuals (such as law enforcement officers, Department of Defense personnel, individuals working with local businesses, and individuals working 

with community-based and faith-based organizations and agencies) who are properly screened and trained; 

(5) community-based projects and services (including literacy 

and social service programs) which work with øjuvenile offenders and juveniles¿ status offenders, juvenile offenders, and juveniles who are at risk of becoming juvenile offenders, including 

those from families with limited English-speaking proficiency, 

their parents, their siblings, and other family members during 

and after incarceration of the juvenile offenders, in order to 

strengthen families, to allow juvenile offenders to be retained 

in their homes, and to prevent the involvement of other juvenile family members in delinquent activities; 

(6) projects designed to provide for the treatment (including 

mental health services) of juveniles for dependence on or abuse 

of alcohol, drugs, or other harmful substances; 

(7) projects which leverage funds to provide scholarships for 

postsecondary education and training for low-income juveniles 

who reside in neighborhoods with high rates of poverty, violence, and drug-related crimes; 

(8) projects which provide for an initial intake screening of 

each juvenile taken into custody— 

(A) to determine the likelihood that such juvenile will 

commit a subsequent offense; and 

(B) to provide appropriate interventions (including mental health services) to prevent such juvenile from committing subsequent offenses; 


smartinez on DSKB9S0YB1PROD with REPORTS
62 

(9) projects (including school- or community-based projects) 

that are designed to prevent, and reduce the rate of, the participation of juveniles in gangs that commit crimes (particularly violent crimes), that unlawfully use firearms and other 

weapons, or that unlawfully traffic in drugs and that involve, 

to the extent practicable, families and other community members (including law enforcement personnel and members of the 

business community) in the activities conducted under such 

projects; 

(10) comprehensive juvenile justice and delinquency prevention projects that meet the needs of juveniles through the collaboration of the many local service systems juveniles encounter, including schools, courts, law enforcement agencies, child 

protection agencies, mental health agencies, welfare services, 

health care agencies (including collaboration on appropriate 

prenatal care for pregnant juvenile offenders), private nonprofit agencies, and public recreation agencies offering services 

to juveniles, including juveniles with disabilities; 

(11) to develop, implement, and support, in conjunction with 

public and private agencies, organizations, and businesses, 

projects for the employment of juveniles and referral to job 

training programs (including referral to Federal job training 

programs); 

(12) delinquency prevention activities which involve youth 

clubs, sports, recreation and parks, peer counseling and teaching, the arts, leadership development, community service, volunteer service, before- and after-school programs, violence prevention activities, mediation skills training, camping, environmental education, ethnic or cultural enrichment, tutoring, and 

academic enrichment; 

(13) to establish policies and systems to incorporate relevant 

child protective services records into juvenile justice records for 

purposes of establishing treatment plans for juvenile offenders; 

(14) programs that encourage social competencies, problemsolving skills, and communication skills, youth leadership, and 

civic involvement; 

(15) programs that focus on the needs of young girls at-risk 

of delinquency or status offenses; 

(16) projects which provide for— 

(A) an assessment by a qualified mental health professional of incarcerated juveniles who are suspected to be in 

need of mental health services; 

(B) the development of an individualized treatment plan 

for those incarcerated juveniles determined to be in need 

of such services; 

(C) the inclusion of a discharge plan for incarcerated juveniles receiving mental health services that addresses 

aftercare services; and 

(D) all juveniles receiving psychotropic medications to be 

under the care of a licensed mental health professional; 

(17) after-school programs that provide at-risk juveniles and 

juveniles in the juvenile justice system with a range of age-appropriate activities, including tutoring, mentoring, truancy preVerDate Mar 15 2010 06:33 Aug 12, 2010 Jkt 089010 PO 00000 Frm 00062 Fmt 6604 Sfmt 6602 E:\HR\OC\SR280.XXX SR280

smartinez on DSKB9S0YB1PROD with REPORTS
63 

vention and reduction, and other educational and enrichment 

activities; 

(18) programs related to the establishment and maintenance 

of a school violence hotline, based on a public-private partnership, that students and parents can use to report suspicious, 

violent, or threatening behavior to local school and law enforcement authorities; 

(19) programs (excluding programs to purchase guns from juveniles) designed to reduce the unlawful acquisition and illegal 

use of guns by juveniles, including partnerships between law 

enforcement agencies, health professionals, school officials, 

firearms manufacturers, consumer groups, faith-based groups 

and community organizations; 

(20) programs designed to prevent animal cruelty by juveniles and to counsel juveniles who commit animal cruelty offenses, including partnerships among law enforcement agencies, animal control officers, social services agencies, and school 

officials; 

(21) programs that provide suicide prevention services for incarcerated juveniles and for juveniles leaving the incarceration 

system; 

(22) programs to establish partnerships between State educational agencies and local educational agencies for the design 

and implementation of character education and training programs that reflect the values of parents, teachers, and local 

communities, and incorporate elements of good character, including honesty, citizenship, courage, justice, respect, personal 

responsibility, and trustworthiness; 

(23) programs that foster strong character development in 

at-risk juveniles and juveniles in the juvenile justice system; 

(24) local programs that provide for immediate psychological 

evaluation and follow-up treatment (including evaluation and 

treatment during a mandatory holding period for not less than 

24 hours) for juveniles who bring a gun on school grounds 

without permission from appropriate school authorities; øand¿ 

(25) projects that support the establishment of 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, 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; and 

ø(25)¿(26) other activities that are likely to prevent juvenile 

delinquency. 

(b) GRANTS TO ELIGIBLE INDIAN TRIBES.—The Administrator may 

make grants to eligible Indian tribes from funds allocated under 

section 5652(b) of this title, to carry out projects of the kinds described in subsection (a) of this section. 

* * * * * * * 

§ 5656. Grants to Indian tribes 

(a) ELIGIBILITY.— 


smartinez on DSKB9S0YB1PROD with REPORTS
64 

(1) APPLICATION.—To be eligible to receive a grant under section 5651(b) of this title, an Indian tribe shall submit to the 

Administrator an application in accordance with this section, 

in such form and containing such information as the Administrator may require by rule. 

(2) PLANS.—Such application shall include a plan for conducting programs, projects, and activities described in section 

5651(a) of this title, which plan shall— 

ø(A) provide evidence that the applicant Indian tribe 

performs law enforcement functions (as determined by the 

Secretary of the Interior);¿ 

ø(B)¿(A) identify the juvenile justice and delinquency 

problems and juvenile delinquency prevention needs to be 

addressed by activities conducted with funds provided by 

the grant for which such application is submitted, by the 

Indian tribe in the geographical area under the jurisdiction of the Indian tribe; 

ø(C)¿(B) provide for fiscal control and accounting procedures that— 

(i) are necessary to ensure the prudent use, proper 

disbursement, and accounting of grants received by 

applicants under this section; and 

(ii) are consistent with the requirement specified in 

øsubparagraph (B)¿ subparagraph (A); and 

ø(D)¿(C) comply with the requirements specified in section 5633(a) of this title (excluding any requirement relating to consultation with a State advisory group) and with 

the requirements specified in section 5632[(c)](d) of this 

title; and 

ø(E)¿(D) contain such other information, and be subject 

to such additional requirements, as the Administrator may 

reasonably require by rule to ensure the effectiveness of 

the projects for which grants are made under section 

5651(b) of this title. 

(b) FACTORS FOR CONSIDERATION.—For the purpose of selecting 

eligible applicants to receive grants under section 5651(b) of this 

title, the Administrator shall consider— 

(1) the resources that are available to each applicant Indian 

tribe that will assist, and be coordinated with, the overall juvenile justice system of the Indian tribe; and 

(2) with respect to each such applicant— 

(A) the juvenile population; and 

(B) the population and the entities that will be served by 

projects proposed to be carried out with the grant for 

which the application is submitted. 

(c) GRANT PROCESS.— 

(1) SELECTION OF GRANT RECIPIENTS.— 

(A) SELECTION REQUIREMENTS.—Except as provided in 

paragraph (2), the Administrator shall— 

(i) make grants under this section on a competitive 

basis; and 

(ii) specify in writing to each applicant selected to 

receive a grant under this section, the terms and conditions on which such grant is made to such applicant. 


smartinez on DSKB9S0YB1PROD with REPORTS
65 

(B) PERIOD OF GRANT.—A grant made under this section 

shall be available for expenditure during a 2-year period. 

(2) EXCEPTION.—If— 

(A) in the 2-year period for which a grant made under 

this section shall be expended, the recipient of such grant 

applies to receive a subsequent grant under this section; 

and 

(B) the Administrator determines that such recipient 

performed during the year preceding the 2-year period for 

which such recipient applies to receive such subsequent 

grant satisfactorily and in accordance with the terms and 

conditions applicable to the grant received; 

then the Administrator may waive the application of the competition-based requirement specified in paragraph (1)(A)(i) and 

may allow the applicant to incorporate by reference in the current application the text of the plan contained in the recipient’s 

most recent application previously approved under this section. 

(3) AUTHORITY TO MODIFY APPLICATION PROCESS FOR SUBSE- QUENT GRANTS.—The Administrator may modify by rule the 

operation of subsection (a) of this section with respect to the 

submission and contents of applications for subsequent grants 

described in paragraph (2). 

(d) REPORTING REQUIREMENT.—Each Indian tribe that receives a 

grant under this section shall be subject to the fiscal accountability 

provisions of section 450(f)(1) of Title 25, relating to the submission 

of a single-agency audit report required by chapter 75 of Title 31. 

(e) MATCHING REQUIREMENT.— (1) Funds appropriated for the activities of any agency of an 

Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be 

used to provide the non-Federal share of any program or 

project with a matching requirement funded under this section. 

(2) Paragraph (1) shall not apply with respect to funds appropriated before November 2, 2002. 

(3) If the Administrator determines that an Indian tribe does 

not have sufficient funds available to meet the non-Federal 

share of the cost of any program or activity to be funded under 

the grant, the Administrator may increase the Federal share 

of the cost thereof to the extent the Administrator deems necessary. 

* * * * * * * 

§ 5661. Research and evaluation; statistical analyses; information dissemination 

(a) RESEARCH AND EVALUATION.— 

(1) The Administrator ømay¿ shall— 

(A) øplan and identify¿ annually provide a written and 

publicly available plan to identify the purposes and goals 

of all agreements carried out with funds provided under 

this subsection; and 

(B) conduct research or evaluation in juvenile justice 

matters, for the purpose of providing research and evaluation relating to— 


smartinez on DSKB9S0YB1PROD with REPORTS
66 

(i) the prevention, reduction, and control of juvenile 

delinquency and serious crime committed by juveniles; 

(ii) the link between juvenile delinquency and the 

incarceration of members of the families of juveniles; 

ø(iii) successful efforts to prevent first-time minor 

offenders from committing subsequent involvement in 

serious crime;¿ 

(iii) successful efforts to prevent status offenders and 

first-time minor offenders from subsequent involvement 

with the criminal justice system; 

(iv) successful efforts to prevent recidivism; 

(v) the juvenile justice system; 

(vi) juvenile violence; 

ø(vii) appropriate mental health services for juveniles and youth at risk of participating in delinquent 

activities;¿ 

(vii) the prevalence and duration of behavioral 

health needs (including mental health, substance 

abuse, and co-occurring disorders) among juveniles 

pre-placement and post-placement when held in the 

custody of secure detention and corrections facilities, 

including an examination of the effects of confinement; 

(viii) reducing the proportion of juveniles detained or 

confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of 

minority groups; 

(ix) training efforts and reforms that have produced 

reductions in or elimination of the use of dangerous 

practices; 

(x) methods to improve the recruitment, selection, 

training, and retention of professional personnel in the 

fields of medicine, law enforcement, 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; 

ø(ix)¿(xi) evaluating services, treatment, and 

aftercare placement of juveniles who were under the 

care of the State child protection system before their 

placement in the juvenile justice system; 

ø(x)¿(xii) determining— 

(I) the frequency, seriousness, and incidence of 

drug use by youth in schools and communities in 

the States using, if appropriate, data submitted by 

the States pursuant to this subparagraph and 

subsection (b); and 

(II) the frequency, degree of harm, and morbidity of violent incidents, particularly firearm-related injuries and fatalities, by youth in schools 

and communities in the States, including information with respect to— 

(aa) the relationship between victims and 

perpetrators; 


smartinez on DSKB9S0YB1PROD with REPORTS
67 

(bb) demographic characteristics of victims 

and perpetrators; and 

(cc) the type of weapons used in incidents, 

as classified in the Uniform Crime Reports of 

the Federal Bureau of Investigation; and 

ø(xi)¿(xiii) other purposes consistent with the purposes of this subchapter and subchapter I of this chapter. 

(2) The Administrator shall ensure that an equitable amount 

of funds available to carry out paragraph (1)(B) is used for research and evaluation relating to the prevention of juvenile delinquency. 

(3) Nothing in this subsection shall be construed to permit 

the development of a national database of personally identifiable information on individuals involved in studies, or in datacollection efforts, carried out under paragraph (1)(B)(x). 

(4) Not later than 1 year after the date of enactment of this 

paragraph and not later than 1 year after the date of enactment 

of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009, the administrator shall conduct a study 

with respect to juveniles who, prior to placement in the juvenile justice system, were under the care or custody of the State 

child welfare system, and to juveniles who are unable to return 

to their family after completing their disposition in the juvenile 

justice system and who remain wards of the State. Such study 

shall include— 

(A) the number of juveniles in each category; 

(B) the extent to which State juvenile justice systems 

and child welfare systems are coordinating services and 

treatment for such juveniles; 

(C) the Federal and local sources of funds used for placements and post-placement services; 

(D) barriers faced by State in providing services to these 

juveniles; 

(E) the types of post-placement services used; 

(F) the frequency of case plans and case plan reviews; 

øand¿ 

(G) the extent to which case plans identify and address 

permanency and placement barriers and treatment 

plansø.¿; 

(H) a description of the best practices in discharge planning; and 

(I) an assessment of living arrangements for juveniles 

who cannot return to the homes of the juveniles. 

(b) STATISTICAL ANALYSES.—The Administrator ømay¿ shall— 

(1) plan and identify the purposes and goals of all agreements carried out with funds provided under this subsection; 

and 

(2) undertake statistical work in juvenile justice matters, for 

the purpose of providing for the collection, analysis, and dissemination of statistical data and information relating to juvenile delinquency and serious crimes committed by juveniles, to 

the juvenile justice system, to juvenile violence, and to other 


smartinez on DSKB9S0YB1PROD with REPORTS
68 

purposes consistent with the purposes of this subchapter and 

subchapter I of this chapter. 

(c) GRANT AUTHORITY AND COMPETITIVE SELECTION PROCESS.— The Administrator may make grants and enter into contracts with 

public or private agencies, organizations, or individuals and shall 

use a competitive process, established by rule by the Administrator, to carry out subsections (a) and (b) of this section. 

(d) IMPLEMENTATION OF AGREEMENTS.—A Federal agency that 

makes an agreement under subsections (a)(1)(B) and (b)(2) of this 

section with the Administrator may carry out such agreement directly or by making grants to or contracts with public and private 

agencies, institutions, and organizations. 

(e) INFORMATION DISSEMINATION.—The Administrator may— 

(1) review reports and data relating to the juvenile justice 

system in the United States and in foreign nations (as appropriate), collect data and information from studies and research 

into all aspects of juvenile delinquency (including the causes, 

prevention, and treatment of juvenile delinquency) and serious 

crimes committed by juveniles; 

(2) establish and operate, directly or by contract, a clearinghouse and information center for the preparation, publication, 

and dissemination of information relating to juvenile delinquency, including State and local prevention and treatment 

programs, plans, resources, and training and technical assistance programs; and 

(3) make grants and contracts with public and private agencies, institutions, and organizations, for the purpose of disseminating information to representatives and personnel of public 

and private agencies, including practitioners in juvenile justice, 

law enforcement, the courts, corrections, schools, and related 

services, in the establishment, implementation, and operation 

of projects and activities for which financial assistance is provided under this subchapter. 

(f) NATIONAL RECIDIVISM MEASURE.—The Administrator, in consultation with experts in the field of juvenile justice research, recidivism, and date collection, shall— 

(1) establish a uniform method of data collection and technology that States shall use to evaluate data on juvenile recidivism on an annual basis; 

(2) establish a common national juvenile recidivism measurement system; and 

(3) make cumulative juvenile recidivism data that is collected 

from States available to the public. 

§ 5662. Training and technical assistance 

(a) TRAINING.—The Administrator ømay¿— 

(1) shall develop and carry out projects for the purpose of 

training representatives and personnel of public and private 

agencies, including practitioners in juvenile justice, law enforcement, courts (including model juvenile and family courts), 

corrections, schools, and related services, to carry out the purposes specified in section 5602 of this title; and 

(2) may make grants to and contracts with public and private agencies, institutions, and organizations for the purpose of 


smartinez on DSKB9S0YB1PROD with REPORTS
69 

training representatives and personnel of public and private 

agencies, including practitioners in juvenile justice, law enforcement, courts (including model juvenile and family courts), 

corrections, schools, and related services, to carry out the purposes specified in section 5602 of this title. 

(b) TECHNICAL ASSISTANCE.—The Administrator ømay¿— (1) shall develop and implement projects for the purpose of 

providing technical assistance to representatives and personnel 

of public and private agencies and organizations, including 

practitioners in juvenile justice, law enforcement, courts (including model juvenile and family courts), corrections, schools, 

and related services, in the establishment, implementation, 

and operation of programs, projects, and activities for which financial assistance is provided under this title; øand¿ 

(2) may make grants to and contracts with public and private agencies, institutions, and organizations, for the purpose 

of providing technical assistance to representatives and personnel of public and private agencies, including practitioners in 

juvenile justice, law enforcement, courts (including model juvenile and family courts), corrections, schools, and related services, in the establishment, implementation, and operation of 

programs, projects, and activities for which financial assistance 

is provided under this titleø.¿; 

(3) shall provide technical assistance to States and units of 

local government on achieving compliance with the amendments made by the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009; and 

(4) shall provide technical assistance to States in support of 

efforts to establish partnerships between the 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, judiciary, juvenile justice, social work and child protection, education, and other relevant fields who are engaged in, 

or intend to work in, the field of prevention, identification, and 

treatment of delinquency. 

(c) TRAINING AND TECHNICAL ASSISTANCE TO MENTAL HEALTH

PROFESSIONALS AND LAW ENFORCEMENT PERSONNEL.—The Administrator shall provide training and technical assistance to mental 

health professionals and law enforcement personnel (including public defenders, police officers, probation officers, judges, parole officials, and correctional officers) to address or to promote the development, testing, or demonstration of promising or innovative models (including model juvenile and family courts), programs, or delivery systems that address the needs of juveniles who are alleged or 

adjudicated delinquent and who, as a result of such status, are 

placed in secure detention or confinement or in nonsecure residential placements. 

(d) TECHNICAL ASSISTANCE TO STATES REGARDING LEGAL REP- RESENTATION OF CHILDREN.—The Administrator shall develop and 

issue standards of practice for attorneys representing children, and 

ensure that the standards are adapted for use in States. 

(e) TRAINING AND TECHNICAL ASSISTANCE FOR LOCAL AND STATE

JUVENILE DETENTION AND CORRECTIONS PERSONNEL.—The AdminVerDate Mar 15 2010 06:33 Aug 12, 2010 Jkt 089010 PO 00000 Frm 00069 Fmt 6604 Sfmt 6603 E:\HR\OC\SR280.XXX SR280

smartinez on DSKB9S0YB1PROD with REPORTS
70 

istrator shall coordinate training and technical assistance programs 

with juvenile detention and corrections personnel of States and 

units of local government to— 

(1) promote methods for improving conditions of juvenile confinement, including those that are designed to minimize the use 

of dangerous practices, unreasonable restraints, and isolation; 

and 

(2) encourage alternative behavior management techniques. 

(f) TRAINING AND TECHNICAL ASSISTANCE TO SUPPORT MENTAL

HEALTH OR SUBSTANCE ABUSE TREATMENT INCLUDING HOMEBASED 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 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. 

* * * * * * * 

§ 5665. Grants and projects 

(a) AUTHORITY TO MAKE GRANTS.—The Administrator may make 

grants to and contracts with States, units of general local government, Indian tribal governments, public and private agencies, organizations, and individuals, or combinations thereof, to carry out 

projects for the development, testing, and demonstration of promising initiatives and programs for the prevention, control, or reduction of juvenile delinquency. The Administrator shall ensure that, 

to the extent reasonable and practicable, such grants are made to 

achieve an equitable geographical distribution of such projects 

throughout the United States. 

(b) USE OF GRANTS.—A grant made under subsection (a) of this 

section may be used to pay all or part of the cost of the project for 

which such grant is made. 

(c) GRANTS FOR YOUTH AND FAMILY SERVING ORGANIZATIONS.— 

(1) IN GENERAL.—The Administrator, using a competitive 

process, may make grants to and enter contracts with qualified 

youth and family serving organizations, or combinations thereof, to provide an integrated continuum of services and programs 

for the prevention, control, or reduction of juvenile delinquency. 

(2) DEFINITIONS.—In this subsection— 

(A) the term ‘‘integrated continuum of services and programs’’ means a variety of services and programs for youth 

at risk of becoming juvenile offenders and families of such 

youth, with each service or program— 

(i) sharing a well-defined set of procedures and practices that are applied similarly in different situations 

and programs; 

(ii) being replicable and producing results that can 

be observed, tracked, and measured; 


smartinez on DSKB9S0YB1PROD with REPORTS
71 

(iii) sharing a common theory and philosophy of 

care; 

(iv) operating in a manner that allows youth and 

families to move across different service levels and expect and experience the same teaching methods, language, expectations, and outcome goals from caregivers 

and other providers; and 

(v) allowing each youth and family to maintain and 

build on the success achieved at a previous level of 

service; and 

(B) the term ‘‘qualified youth and family serving organization’’ means a private, nonprofit youth and family serving organization that— 

(i) provides an integrated continuum of programs 

and services for youth at risk of becoming juvenile offenders and the families of such youth in areas affected 

by poverty and violence; 

(ii) serves a large percentage of eligible youth at risk 

of becoming juvenile offenders and provides evidencebased, or evidence-informed, services and programs; 

(iii) teaches social and independent living skills for 

youth and families, builds healthy relationships between youth and families, and promotes self-government and self-determination for all youth and families 

served; and 

(iv) is successful in balancing public funds with private donations and maximizing community involvement. 

* * * * * * * 

Subchapter II—Programs and Offices 

* * * * * * * 

PART F—INCENTIVE GRANTS FOR STATE AND LOCAL 

PROGRAMS 

SEC. 271. INCENTIVE GRANTS. 

(a) INCENTIVE GRANT FUNDS.—The Administrator may make incentive grants to a State, unit of local government, or combination 

of States and local governments to assist a State, unit of local government, or combination thereof in carrying out an activity identified in subsection (b)(1). 

(b) USE OF FUNDS.— 

(1) IN GENERAL.—An incentive grant made by the Administrator under this section may be used to— 

(A) increase the use of evidence based or promising prevention and intervention programs; 

(B) improve the recruitment, selection, training, and retention of professional personnel (including in the fields of 

medicine, law enforcement, judiciary, juvenile justice, social 

work, and child prevention) who are engaged in, or intend 

to work in, the field of prevention, intervention, and treatment of juveniles to reduce delinquency; 


smartinez on DSKB9S0YB1PROD with REPORTS
72 

(C) establish or support a partnership between juvenile 

justice agencies of a State or unit of local government and 

mental health authorities of State or unit of local government to establish and implement programs to ensure there 

are adequate mental health and substance abuse screening, 

assessment, referral, treatment, and after-care services for 

juveniles who come into contact with the justice system 

by— 

(i) carrying out programs that divert from incarceration juveniles who come into contact with the justice 

system (including facilities contracted for operation by 

State or local juvenile authorities) and have mental 

health or substance abuse needs— 

(I) when such juveniles are at imminent risk of 

being taken into custody; 

(II) at the time such juveniles are initially taken 

into custody; 

(III) after such juveniles are charged with an offense or act of juvenile delinquency; 

(IV) after such juveniles are adjudicated delinquent and before case disposition; and 

(V) after such juveniles are committed to secure 

placement; or 

(ii) improving treatment of juveniles with mental 

health needs by working to ensure— 

(I) that— 

(aa) initial mental health screening is— 

(AA) completed for a juvenile immediately upon entering the juvenile justice 

system or a juvenile facility; and 

(BB) conducted by qualified health and 

mental health professionals or by staff 

who have been trained by qualified 

health, mental health, and substance 

abuse professionals; and 

(bb) in the case of screening, results that indicate possible need for mental health or substance abuse services are reviewed by qualified 

mental health or substance abuse treatment 

professionals not later than 24 hours after the 

screening; 

(II) that a juvenile who suffers from an acute 

mental disorder, is suicidal, or is in need of medical attention due to intoxication is— 

(aa) placed in or immediately transferred to 

an appropriate medical or mental health facility; and 

(bb) only admitted to a secure correctional 

facility with written medical clearance; 

(III) that— 

(aa) for a juvenile identified by a screening 

as needing a mental health assessment, the 

mental health assessment and any indicated 


smartinez on DSKB9S0YB1PROD with REPORTS
73 

comprehensive evaluation or individualized 

treatment plan are written and implemented— 

(AA) not later than 2 weeks after the 

date on which the juvenile enters the juvenile justice system; or 

(BB) if a juvenile is entering a secure facility, not later than 1 week after the date 

on which the juvenile enters the juvenile 

justice system; and 

(bb) the assessments described in item (aa) 

are completed by qualified health, mental 

health, and substance abuse professionals; 

(IV) that— 

(aa) if the need for treatment is indicated by 

the assessment of a juvenile, the juvenile is referred to or treated by a qualified professional; 

(bb) a juvenile who is receiving treatment for 

a mental health or substance abuse need on 

the date of the assessment continues to receive 

treatment; 

(cc) treatment of a juvenile continues until a 

qualified mental health professional determines that the juvenile is no longer in need of 

treatment; and 

(dd) treatment plans for juveniles are reevaluated at least every 30 days; 

(V) that— 

(aa) discharge plans are prepared for an incarcerated juvenile when the juvenile enters 

the correctional facility in order to integrate 

the juvenile back into the family and the community; 

(bb) discharge plans for an incarcerated juvenile are updated, in consultation with the 

family or guardian of a juvenile, before the juvenile leaves the facility; and 

(cc) discharge plans address the provision of 

aftercare services; 

(VI) that any juvenile in the juvenile justice system receiving psychotropic medications is— 

(aa) under the care of a licensed psychiatrist; and 

(bb) monitored regularly by trained staff to 

evaluate the efficacy and side effects of the 

psychotropic medications; and 

(VII) that specialized treatment and services are 

continually available to a juvenile in the juvenile 

justice system who has— 

(aa) a history of mental health needs or 

treatment; 

(bb) a documented history of sexual offenses 

or sexual abuse, as a victim or perpetrator; 


smartinez on DSKB9S0YB1PROD with REPORTS
74 

(cc) substance abuse needs or a health problem, learning disability, or history of family 

abuse or violence; or 

(dd) developmental disabilities; 

(D) provide training, in conjunction with the public or 

private agency that provides mental health services, to individuals involved in making decisions involving youth who 

enter the juvenile justice system (including intake personnel, law enforcement, prosecutors, juvenile court judges, 

public defenders, mental health and substance abuse service providers and administrators, probation officers, and 

parents) that focuses on— 

(i) the availability of screening and assessment tools 

and the effective use of such tools; 

(ii) the purpose, benefits, and need to increase availability of mental health or substance abuse treatment 

programs (including home-based and community-based 

programs) available to juveniles within the jurisdiction 

of the recipient; 

(iii) the availability of public and private services 

available to juveniles to pay for mental health or substance abuse treatment programs; or 

(iv) the appropriate use of effective home-based and 

community-based alternatives to juvenile justice or 

mental health system institutional placement; and 

(E) develop comprehensive collaborative plans to address 

the service needs of juveniles with mental health or substance abuse disorders who are at risk of coming into contact with the juvenile justice system that— 

(i) revise and improve the delivery of intensive homebased and community-based services to juveniles who 

have been in contact with or who are at risk of coming 

into contact with the justice system; 

(ii) determine how the service needs of juveniles with 

mental health or substance abuse disorders who come 

into contact with the juvenile justice system will be furnished from the initial detention stage until after discharge in order for these juveniles to avoid further contact with the justice system; 

(iii) demonstrate that the State or unit of local government has entered into appropriate agreements with 

all entities responsible for providing services under the 

plan, such as the agency of the State or unit of local 

government charged with administering juvenile justice programs, the agency of the State or unit of local 

government charged with providing mental health 

services, the agency of the State or unit of local government charged with providing substance abuse treatment services, the educational agency of the State or 

unit of local government, the child welfare system of 

the State or local government, and private nonprofit 

community-based organizations; 


smartinez on DSKB9S0YB1PROD with REPORTS
75 

(iv) ensure that the State or unit of local government 

has in effect any laws necessary for services to be delivered in accordance with the plan; 

(v) establish a network of individuals (or incorporates an existing network) to provide coordination 

between mental health service providers, substance 

abuse service providers, probation and parole officers, 

judges, corrections personnel, law enforcement personnel, State and local educational agency personnel, 

parents and families, and other appropriate parties regarding effective treatment of juveniles with mental 

health or substance abuse disorders; 

(vi) provide for cross-system training among law enforcement personnel, corrections personnel, State and 

local educational agency personnel, mental health service providers, and substance abuse service providers to 

enhance collaboration among systems; 

(vii) provide for coordinated and effective aftercare 

programs for juveniles who have been diagnosed with 

a mental health or substance abuse disorder and who 

are discharged from home-based care, communitybased care, any other treatment program, secure detention facilities, secure correctional facilities, or jail; 

(viii) provide for the purchase of technical assistance 

to support the implementation of the plan; 

(ix) estimate the costs of implementing the plan and 

proposes funding sources sufficient to meet the nonFederal funding requirements for implementation of 

the plan under subsection (c)(2)(E); 

(x) describe the methodology to be used to identify juveniles at risk of coming into contact with the juvenile 

justice system; 

(xi) provide a written plan to ensure that all training 

and services provided under the plan will be culturally 

and linguistically competent; and 

(xii) describe the outcome measures and benchmarks 

that will be used to evaluate the progress and effectiveness of the plan. 

(2) COORDINATION AND ADMINISTRATION.—A State or unit of 

local government receiving a grant under this section shall ensure that— 

(A) the use of the grant under this section is developed 

as part of the State plan required under section 223(a); and 

(B) not more than 5 percent of the amount received under 

this section is used for administration of the grant under 

this section. 

(c) APPLICATION.— 

(1) IN GENERAL.—A State or unit of local government desiring 

a grant under this section shall submit an application at such 

time, in such manner, and containing such information as the 

Administrator may prescribe. 

(2) CONTENTS.—In accordance with guidelines that shall be 

established by the Administrator, each application for incentive 

grant funding under this section shall— 


smartinez on DSKB9S0YB1PROD with REPORTS
76 

(A) describe any activity or program the funding would 

be used for and how the activity or program is designed to 

carry out 1 or more of the activities described in subsection 

(b); 

(B) if any of the funds provided under the grant would 

be used for evidence based or promising prevention or intervention programs, include a detailed description of the 

studies, findings, or practice knowledge that support the assertion that such programs qualify as evidence based or 

promising; 

(C) for any program for which funds provided under the 

grant would be used that is not evidence based or promising, include a detailed description of any studies, findings, or practice knowledge which support the effectiveness 

of the program; 

(D) if the funds provided under the grant will be used for 

an activity described in subsection (b)(1)(D), include a certification that the State or unit of local government— 

(i) will work with public or private entities in the 

area to administer the training funded under subsection (b)(1)(D), to ensure that such training is comprehensive, constructive, linguistically and culturally 

competent, and of a high quality; 

(ii) is committed to a goal of increasing the diversion 

of juveniles coming under its jurisdiction into appropriate home-based or community-based care when the 

interest of the juvenile and public safety allow; 

(iii) intends to use amounts provided under a grant 

under this section for an activity described in subsection (b)(1)(D) to further such goal; and 

(iv) has a plan to demonstrate, using appropriate 

benchmarks, the progress of the agency in meeting such 

goal; and 

(E) if the funds provided under the grant will be used for 

an activity described in subsection (b)(1)(D), include a certification that not less than 25 percent of the total cost of 

the training described in subsection (b)(1)(D) that is conducted with the grant under this section will be contributed 

by non-Federal sources. 

(d) REQUIREMENTS FOR GRANTS TO ESTABLISH PARTNERSHIPS.— 

(1) MANDATORY REPORTING.—A State or unit of local government receiving a grant for an activity described in subsection 

(b)(1)(C) shall keep records of the incidence and types of mental 

health and substance abuse disorders in their juvenile justice 

populations, the range and scope of services provided, and barriers to service. The State or unit of local government shall submit an analysis of this information yearly to the Administrator. 

(2) STAFF RATIOS FOR CORRECTIONAL FACILITIES.—A State or 

unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that a secure correctional facility operated by or on behalf of that State or unit of 

local government— 

(A) has a minimum ratio of not fewer than 1 mental 

health and substance abuse counselor for every 50 juveVerDate Mar 15 2010 06:33 Aug 12, 2010 Jkt 089010 PO 00000 Frm 00076 Fmt 6604 Sfmt 6603 E:\HR\OC\SR280.XXX SR280

smartinez on DSKB9S0YB1PROD with REPORTS
77 

niles, who shall be professionally trained and certified or 

licensed; 

(B) has a minimum ratio of not fewer than 1 clinical psychologist for every 100 juveniles; and 

(C) has a minimum ratio of not fewer than 1 licensed 

psychiatrist for every 100 juveniles receiving psychiatric 

care. 

(3) LIMITATION ON ISOLATION.—A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that— 

(A) isolation is used only for immediate and short-term 

security or safety reasons; 

(B) no juvenile is placed in isolation without approval of 

the facility superintendent or chief medical officer or their 

official staff designee; 

(C) all instances in which a juvenile is placed in isolation 

are documented in the file of a juvenile along with the justification; 

(D) a juvenile is in isolation only the amount of time necessary to achieve security and safety of the juvenile and 

staff; 

(E) staff monitor each juvenile in isolation once every 15 

minutes and conduct a professional review of the need for 

isolation at least every 4 hours; and 

(F) any juvenile held in isolation for 24 hours is examined by a physician or licensed psychologist. 

(4) MEDICAL AND MENTAL HEALTH EMERGENCIES.—A State or 

unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that a correctional 

facility operated by or on behalf of that State or unit of local 

government has written policies and procedures on suicide prevention. All staff working in a correctional facility operated by 

or on behalf of a State or unit of local government receiving a 

grant for an activity described in subsection (b)(1)(C) shall be 

trained and certified annually in suicide prevention. A correctional facility operated by or on behalf of a State or unit of local 

government receiving a grant for an activity described in subsection (b)(1)(C) shall have a written arrangement with a hospital or other facility for providing emergency medical and 

mental health care. Physical and mental health services shall 

be available to an incarcerated juvenile 24 hours per day, 7 

days per week. 

(5) IDEA AND REHABILITATION ACT.—A State or unit of local 

government receiving a grant for an activity described in subsection (b)(1)(C) shall require that all juvenile facilities operated 

by or on behalf of the State or unit of local government abide 

by all mandatory requirements and timelines set forth under 

the Individuals with Disabilities Education Act (20 U.S.C. 1400 

et seq.) and section 504 of the Rehabilitation Act of 1973 (29 

U.S.C. 794). 

(6) FISCAL RESPONSIBILITY.—A State or unit of local government receiving a grant for an activity described in subsection 

(b)(1)(C) shall provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, propVerDate Mar 15 2010 06:33 Aug 12, 2010 Jkt 089010 PO 00000 Frm 00077 Fmt 6604 Sfmt 6603 E:\HR\OC\SR280.XXX SR280

smartinez on DSKB9S0YB1PROD with REPORTS
78 

er disbursement, and accurate accounting of funds received 

under this section that are used for an activity described in subsection (b)(1)(C). 

§ 5671. Authorization of appropriations 

(a) AUTHORIZATION OF APPROPRIATIONS FOR SUBCHAPTER II OF

THIS CHAPTER (EXCLUDING øPARTS C AND E¿ PARTS C, E, AND

F).— 

(1) There are authorized to be appropriated to carry out 

øthis subchapter such sums as may be appropriate for fiscal 

years 2003, 2004, 2005, 2006, and 2007.¿ this subchapter— 

(A) $245,900,000 for fiscal year 2011; 

(B) $295,100,000 for fiscal year 2012; 

(C) $344,300,000 for fiscal year 2013; 

(D) $393,500,000 for fiscal year 2014; and 

(E) $442,700,000 for fiscal year 2015. 

(2) Of such sums as are appropriated for a fiscal year to 

carry out this subchapter (other than øparts C and E¿ parts 

C, E, and F)— 

(A) not more than 5 percent shall be available to carry 

out part A; 

(B) not less than 80 percent shall be available to carry 

out part B; and 

(C) not more than 15 percent shall be available to carry 

out part D. 

(b) AUTHORIZATION OF APPROPRIATIONS FOR PART C OF THIS SUBCHAPTER.—There are authorized to be appropriated to carry out 

part C of this subchapter such sums as may be necessary for øfiscal 

years 2003, 2004, 2005, 2006, and 2007¿ fiscal years 2011, 2012, 

2013, 2014, and 2015. 

(c) AUTHORIZATION OF APPROPRIATIONS FOR PART E OF THIS SUBCHAPTER.—There are authorized to be appropriated to carry out 

part E (other than section 216(c)) of this subchapter, and authorized to remain available until expended, such sums as may be necessary for øfiscal years 2003, 2004, 2005, 2006, and 2007¿ fiscal 

years 2010, 2011, 2012, 2013, and 2014. 

(d) AUTHORIZATION OF APPROPRIATIONS FOR PART E, SECTION

261(c).—There are authorized to be appropriated to carry out section 

261(c), and authorized to remain available until expended— 

(1) $23,000,000 for each of fiscal years 2011, 2012, and 2013; 

(2) $8,000,000 for fiscal year 2014; and 

(3) $3,000,000 for fiscal year 2015. 

(e) AUTHORIZATION OF APPROPRIATIONS FOR PART F.— 

(1) IN GENERAL.—There are authorized to be appropriated to 

carry out part F, and authorized to remain available until expended, $80,000,000 for each of fiscal years 2011, 2012, 2013, 

2014, and 2015. 

(2) ALLOCATION.—Of the sums that are appropriated for a fiscal year to carry out part F— 

(A) not less than 40 percent shall be used to fund programs that are carrying out an activity described in subparagraph (C), (D), or (E) of section 271(b)(1); and 


smartinez on DSKB9S0YB1PROD with REPORTS
79 

(B) not less than 50 percent shall be used to fund programs that are carrying out an activity described in subparagraph (A) of that section. 

ø(d)¿(f) EXPERIMENTATION ON INDIVIDUALS; PROHIBITION; ‘‘BE- HAVIOR CONTROL’’ DEFINED.—No funds appropriated to carry out 

the purposes of this subchapter may be used for any biomedical or 

behavior control experimentation on individuals or any research involving such experimentation. For the purpose of this subsection, 

the term ‘‘behavior control’’ refers to experimentation or research 

employing methods which involve a substantial risk of physical or 

psychological harm to the individual subject and which are intended to modify or alter criminal and other anti-social behavior, 

including aversive conditioning therapy, drug therapy or chemotherapy (except as part of routine clinical care), physical therapy 

of mental disorders, electroconvulsive therapy, or physical punishment. The term does not apply to a limited class of programs generally recognized as involving no such risk, including methadone 

maintenance and certain alcohol treatment programs, psychological 

counseling, parent training, behavior contracting, survival skills 

training, restitution, or community service, if safeguards are established for the informed consent of subjects (including parents or 

guardians of minors). 

(e) REPEALED. Pub. L. 107–273, DIV. C, TITLE II, § 12213(1), NOV. 2, 2002, 166 STAT. 1891.— 

§ 5672. Administrative authority 

(a) AUTHORITY OF ADMINISTRATOR.—The Office shall be administered by the Administrator under the general authority of the Attorney General. 

(b) CERTAIN CRIME CONTROL PROVISIONS APPLICABLE.—Sections 

3789d(c), 3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b), and 

3789g(d) of this title, shall apply with respect to the administration 

of and compliance with this chapter, except that for purposes of 

this chapter— 

(1) any reference to the Office of Justice Programs in such 

sections shall be deemed to be a reference to the Assistant Attorney General who heads the Office of Justice Programs; and 

(2) the term ‘‘this chapter’’ as it appears in such sections 

shall be deemed to be a reference to this chapter. 

(c) CERTAIN OTHER CRIME CONTROL PROVISIONS APPLICABLE.— 

Sections 3782(a), 3782(c), and 3787 of this title shall apply with respect to the administration of and compliance with this chapter, except that for purposes of this chapter— 

(1) any reference to the Attorney General, the Assistant Attorney General who heads the Office of Justice Programs, the 

Director of the National Institute of Justice, the Director of the 

Bureau of Justice Statistics, or the Director of the Bureau of 

Justice Assistance shall be deemed to be a reference to the Administrator; 

(2) any reference to the Office of Justice Programs, the Bureau of Justice Assistance, the National Institute of Justice, or 

the Bureau of Justice Statistics shall be deemed to be a reference to the Office of Juvenile Justice and Delinquency Prevention; and 


smartinez on DSKB9S0YB1PROD with REPORTS
80 

(3) the term ‘‘this chapter’’ as it appears in such sections 

shall be deemed to be a reference to this chapter. 

(d) RULES, REGULATIONS, AND PROCEDURES.—The Administrator 

is authorized, after appropriate consultation with representatives 

of States and units of local government, to establish such rules, 

regulations, and procedures as are necessary for the exercise of the 

functions of the Office and only to the extent necessary to ensure 

that there is compliance with the specific requirements of this subchapter or to respond to requests for clarification and guidance relating to such compliance. 

(e) If a State requires by law compliance with the ørequirements 

described in paragraphs (11), (12), and (13) of section 5633(a)¿ core 

requirements of this title, then for the period such law is in effect 

in such State such State shall be rebuttably presumed to satisfy 

such requirements. 

* * * * * * * 

§ 5675. Payments 

(a) IN GENERAL.—Payments under this subchapter, pursuant to 

a grant or contract, may be made (after necessary adjustment, in 

the case of grants, on account of previously made overpayments or 

underpayments) in advance or by way of reimbursement, in such 

installments and on such conditions as the Administrator may determine. 

(b) PERCENTAGE OF APPROVED COSTS.—Except as provided in the 

second sentence of section 5632ø(c)¿(d) of this title, financial assistance extended under this subchapter shall be 100 per centum of 

the approved costs of the program or activity involved. 

(c) INCREASE OF GRANTS TO INDIAN TRIBES; WAIVER OF LIABILITY.— 

(1) In the case of a grant under this subchapter to an Indian 

tribe, if the Administrator determines that the tribe does not 

have sufficient funds available to meet the local share of the 

cost of any program or activity to be funded under the grant, 

the Administrator may increase the Federal share of the cost 

thereof to the extent the Administrator deems necessary. 

(2) If a State does not have an adequate forum to enforce 

grant provisions imposing any liability on Indian tribes, the 

Administrator may waive State liability attributable to the liability of such tribes and may pursue such legal remedies as 

are necessary. 

* * * * * * * 

§ 5781. øDefinition¿ Definitions 

In øthis subchapter, the term¿ this subchapter— 

(1) the term ‘‘mentoring’’ means matching 1 adult with 1 or 

more youths (not to exceed 4 youths) for the purpose of providing guidance, support, and encouragement aimed at developing the character of the youths, where the adult and youths 

meet regularly for not less than 4 hours each month for not less 

than a 9-month period; and 


smartinez on DSKB9S0YB1PROD with REPORTS
81 

(2) the term ‘‘State advisory group’’ means the advisory group 

appointed by the chief executive officer of a State under a plan 

described in section 5633(a) of this title. 

§ 5782. Duties and functions of the administrator 

The Administrator shall— 

(1) issue such rules as are necessary or appropriate to carry 

out this subchapter; 

(2) make such arrangements as are necessary and appropriate to facilitate coordination and policy development among 

all activities funded through the Department of Justice relating to delinquency prevention (including the preparation of an 

annual comprehensive plan for facilitating such coordination 

and policy development); 

(3) provide adequate staff and resources necessary to properly carry out this subchapter; and 

(4) not later than 180 days after the end of each fiscal year, 

submit a report to the chairman of the Committee on Education and the Workforce of the House of Representatives and 

the chairman of the Committee on the Judiciary of the Senate— 

(A) describing activities and accomplishments of grant 

activities funded under this subchapter; 

(B) describing procedures followed to disseminate grant 

activity products and research findings; 

(C) describing activities conducted to develop policy and 

to coordinate Federal agency and interagency efforts related to delinquency prevention; and 

(D) identifying successful approaches and making recommendations for future activities to be conducted under 

this subchapter. 

§ 5783. Grants for delinquency prevention programs 

(a) PURPOSES.—The Administrator may make grants to a State, 

to be transmitted through the State advisory group to units of local 

government that meet the requirements of subsection (b) of this 

section, for delinquency prevention programs and activities for juveniles who have had contact with the juvenile justice system or 

who are likely to have contact with the juvenile justice system, including the provision to juveniles and their families of— 

(1) alcohol and substance abuse prevention services; 

(2) tutoring and remedial education, especially in reading 

and mathematics; 

(3) child and adolescent health and mental health services; 

(4) recreation services; 

(5) leadership and youth development activities; 

(6) the teaching that people are and should be held accountable for their actions; 

(7) assistance in the development of job training skills; 

øand¿ 

(8) other data-driven evidence based prevention programsø.¿; 

and 

(9) Mentoring programs. 


smartinez on DSKB9S0YB1PROD with REPORTS
82 

(b) ELIGIBILITY.—The requirements of this subsection are met 

with respect to a unit of general local government if— 

(1) the unit is in compliance with the requirements of part 

B of subchapter II of this chapter; 

(2) the unit has submitted to the State advisory group a minimum 3-year comprehensive plan outlining the unit’s local 

front end plans for investment for delinquency prevention and 

early intervention activities; 

(3) the unit has included in its application to the Administrator for formula grant funds a summary of the minimum 3– 

year comprehensive plan described in paragraph (2); 

(4) pursuant to its minimum 3-year comprehensive plan, the 

unit has appointed a local policy board of not fewer than 15 

and not more than 21 members, with balanced representation 

of public agencies and private nonprofit organizations serving 

juveniles, their families, and business and industry; 

(5) the unit has, in order to aid in the prevention of delinquency, included in its application a plan for the coordination 

of services to at-risk juveniles and their families, including 

such programs as nutrition, energy assistance, and housing; 

(6) the local policy board is empowered to make all recommendations for distribution of funds and evaluation of activities funded under this subchapter; and 

(7) the unit or State has agreed to provide a 50 percent 

match of the amount of the grant, including the value of inkind contributions, to fund the activity. 

(c) PRIORITY.—In considering grant applications under this section, the Administrator shall give priority to applicants that demonstrate ability in— 

(1) plans for service and agency coordination and collaboration including the colocation of services; 

(2) innovative ways to involve the private nonprofit and business sector in delinquency prevention activities; 

(3) developing or enhancing a statewide subsidy program to 

local governments that is dedicated to early intervention and 

delinquency prevention; 

(4) coordinating and collaborating with programs established 

in local communities for delinquency prevention under part C 

of this subtitle; and (5) developing data-driven prevention 

plans, employing evidence-based prevention strategies, and 

conducting program evaluations to determine impact and effectiveness. 

§ 5784. Authorization of appropriations 

øThere are authorized to be appropriated to carry out this subchapter such sums as may be necessary for fiscal years 2004, 2005, 

2006, 2007, and 2008.¿ 

There are authorized to be appropriated to carry out this title— 

(1) $322,800,000 for fiscal year 2011; 

(2) $373,400,000 for fiscal year 2012; 

(3) $424,000,000 for fiscal year 2013; 

(4) $474,600,000 for fiscal year 2014; and 


smartinez on DSKB9S0YB1PROD with REPORTS
83 

(5) $525,200,000 for fiscal year 2015. 

* * * * * * * 

TITLE IV—PRECAUTION ACT 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our 

Neighborhoods Act of 2009’’ or the ‘‘PRECAUTION Act’’. 

SEC. 402. PURPOSES. 

The purposes of this title are to— 

(1) establish a commitment on the part of the Federal Government to provide leadership on successful crime prevention and 

intervention strategies; 

(2) further the integration of crime prevention and intervention strategies into traditional law enforcement practices of 

State and local law enforcement offices around the country; 

(3) develop a plain-language, implementation-focused assessment of those current crime and delinquency prevention and 

intervention strategies that are supported by rigorous evidence; 

(4) provide additional resources to the National Institute of 

Justice to administer grants, contracts, and cooperative agreements for research and development for promising crime prevention and intervention strategies; 

(5) develop recommendations for Federal priorities for crime 

and delinquency prevention and intervention research, development, and funding that may augment important Federal grant 

programs, including the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of 

the Omnibus Crime Control and Safe Streets Act of 1968 (42 

U.S.C. 3750 et seq.), grant programs administered by the Office 

of Community Oriented Policing Services of the Department of 

Justice, grant programs administered by the Office of Safe and 

Drug-Free Schools of the Department of Education, and other 

similar programs; and 

(6) reduce the costs that rising violent crime imposes on interstate commerce. 

SEC. 403. DEFINITIONS. 

In this title, the following definitions shall apply: 

(1) COMMISSION.—The term ‘‘Commission’’ means the National Commission on Public Safety Through Crime Prevention 

established under section 404(a). 

(2) RIGOROUS EVIDENCE.—The term ‘‘rigorous evidence’’ 

means evidence generated by scientifically valid forms of outcome evaluation, particularly randomized trials (where practicable). 

(3) SUBCATEGORY.—The term ‘‘subcategory’’ means 1 of the 

following categories: 

(A) Family and community settings (including public 

health-based strategies). 

(B) Law enforcement settings (including probation-based 

strategies). 


smartinez on DSKB9S0YB1PROD with REPORTS
84 

(C) School settings (including antigang and general 

antiviolence strategies). 

(4) TOP-TIER.—The term ‘‘top-tier’’ means any strategy supported by rigorous evidence of the sizable, sustained benefits to 

participants in the strategy or to society. 

SEC. 404. NATIONAL COMMISSION ON PUBLIC SAFETY THROUGH 

CRIME PREVENTION. 

(a) ESTABLISHMENT.—There is established a commission to be 

known as the National Commission on Public Safety Through 

Crime Prevention. 

(b) MEMBERS.— 

(1) IN GENERAL.—The Commission shall be composed of 9 

members, of whom— 

(A) 3 shall be appointed by the President, 1 of whom 

shall be the Assistant Attorney General for the Office of 

Justice Programs or a representative of such Assistant Attorney General; 

(B) 2 shall be appointed by the Speaker of the House of 

Representatives, unless the Speaker is of the same party as 

the President, in which case 1 shall be appointed by the 

Speaker of the House of Representatives and 1 shall be appointed by the minority leader of the House of Representatives; 

(C) 1 shall be appointed by the minority leader of the 

House of Representatives (in addition to any appointment 

made under subparagraph (B)); 

(D) 2 shall be appointed by the majority leader of the 

Senate, unless the majority leader is of the same party as 

the President, in which case 1 shall be appointed by the 

majority leader of the Senate and 1 shall be appointed by 

the minority leader of the Senate; and 

(E) 1 shall be appointed by the minority leader of the 

Senate (in addition to any appointment made under subparagraph (D)). 

(2) PERSONS ELIGIBLE.— 

(A) IN GENERAL.—Each member of the Commission shall 

be an individual who has knowledge or expertise in matters 

to be studied by the Commission. 

(B) REQUIRED REPRESENTATIVES.—At least— 

(i) 2 members of the Commission shall be respected 

social scientists with experience implementing or interpreting rigorous, outcome-based trials; and 

(ii) 2 members of the Commission shall be law enforcement practitioners. 

(3) CONSULTATION REQUIRED.—The President, the Speaker of 

the House of Representatives, the minority leader of the House 

of Representatives, and the majority leader and minority leader 

of the Senate shall consult prior to the appointment of the members of the Commission to achieve, to the maximum extent possible, fair and equitable representation of various points of view 

with respect to the matters to be studied by the Commission. 

(4) TERM.—Each member shall be appointed for the life of the 

Commission. 


smartinez on DSKB9S0YB1PROD with REPORTS
85 

(5) TIME FOR INITIAL APPOINTMENTS.—The appointment of 

the members shall be made not later than 60 days after the 

date of enactment of this Act. 

(6) VACANCIES.—A vacancy in the Commission shall be filled 

in the manner in which the original appointment was made, 

and shall be made not later than 60 days after the date on 

which the vacancy occurred. 

(7) EX OFFICIO MEMBERS.—The Director of the National Institute of Justice, the Director of the Office of Juvenile Justice and 

Delinquency Prevention, the Director of the Community Capacity Development Office, the Director of the Bureau of Justice 

Statistics, the Director of the Bureau of Justice Assistance, and 

the Director of Community Oriented Policing Services (or a representative of each such director) shall each serve in an ex officio capacity on the Commission to provide advice and information to the Commission. 

(c) OPERATION.— 

(1) CHAIRPERSON.—At the initial meeting of the Commission, 

the members of the Commission shall elect a chairperson from 

among its voting members, by a vote of 2⁄3 of the members of 

the Commission. The chairperson shall retain this position for 

the life of the Commission. If the chairperson leaves the Commission, a new chairperson shall be selected, by a vote of 2⁄3 of 

the members of the Commission. 

(2) MEETINGS.—The Commission shall meet at the call of the 

chairperson. The initial meeting of the Commission shall take 

place not later than 30 days after the date on which all the 

members of the Commission have been appointed. 

(3) QUORUM.—A majority of the members of the Commission 

shall constitute a quorum to conduct business, and the Commission may establish a lesser quorum for conducting hearings 

scheduled by the Commission. 

(4) RULES.—The Commission may establish by majority vote 

any other rules for the conduct of Commission business, if such 

rules are not inconsistent with this title or other applicable law. 

(d) PUBLIC HEARINGS.— 

(1) IN GENERAL.—The Commission shall hold public hearings. The Commission may hold such hearings, sit and act at 

such times and places, take such testimony, and receive such 

evidence as the Commission considers advisable to carry out its 

duties under this section. 

(2) FOCUS OF HEARINGS.—The Commission shall hold at least 

3 separate public hearings, each of which shall focus on 1 of the 

subcategories. 

(3) WITNESS EXPENSES.—Witnesses requested to appear before 

the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The 

per diem and mileage allowances for witnesses shall be paid 

from funds appropriated to the Commission. 

(e) COMPREHENSIVE STUDY OF EVIDENCE-BASED CRIME PREVENTION AND INTERVENTION STRATEGIES.— 

(1) IN GENERAL.—The Commission shall carry out a comprehensive study of the effectiveness of crime and delinquency 


smartinez on DSKB9S0YB1PROD with REPORTS
86 

prevention and intervention strategies, organized around the 3 

subcategories. 

(2) MATTERS INCLUDED.—The study under paragraph (1) 

shall include— 

(A) a review of research on the general effectiveness of incorporating crime prevention and intervention strategies 

into an overall law enforcement plan; 

(B) an evaluation of how to more effectively communicate 

the wealth of social science research to practitioners; 

(C) a review of evidence regarding the effectiveness of specific crime prevention and intervention strategies, focusing 

on those strategies supported by rigorous evidence; 

(D) an identification of— 

(i) promising areas for further research and development; and 

(ii) other areas representing gaps in the body of 

knowledge that would benefit from additional research 

and development; 

(E) an assessment of the best practices for implementing 

prevention and intervention strategies; 

(F) an assessment of the best practices for gathering rigorous evidence regarding the implementation of intervention and prevention strategies; and 

(G) an assessment of those top-tier strategies best suited 

for duplication efforts in a range of settings across the 

country. 

(3) INITIAL REPORT ON TOP-TIER CRIME PREVENTION AND

INTERVENTION STRATEGIES.— (A) DISTRIBUTION.—Not later than 18 months after the 

date on which all members of the Commission have been 

appointed, the Commission shall submit a public report on 

the study carried out under this subsection to— 

(i) the President; 

(ii) Congress; 

(iii) the Attorney General; 

(iv) the Chief Federal Public Defender of each district; 

(v) the chief executive of each State; 

(vi) the Director of the Administrative Office of the 

Courts of each State; 

(vii) the Director of the Administrative Office of the 

United States Courts; and 

(viii) the attorney general of each State. 

(B) CONTENTS.—The report under subparagraph (A) 

shall include— 

(i) the findings and conclusions of the Commission; 

(ii) a summary of the top-tier strategies, including— 

(I) a review of the rigorous evidence supporting 

the designation of each strategy as top-tier; 

(II) a brief outline of the keys to successful implementation for each strategy; and 

(III) a list of references and other information on 

where further information on each strategy can be 

found; 


smartinez on DSKB9S0YB1PROD with REPORTS
87 

(iii) recommended protocols for implementing crime 

and delinquency prevention and intervention strategies 

generally; 

(iv) recommended protocols for evaluating the effectiveness of crime and delinquency prevention and intervention strategies; and 

(v) a summary of the materials relied upon by the 

Commission in preparation of the report. 

(C) CONSULTATION WITH OUTSIDE AUTHORITIES.—In developing the recommended protocols for implementation 

and rigorous evaluation of top-tier crime and delinquency 

prevention and intervention strategies under this paragraph, the Commission shall consult with the Committee 

on Law and Justice at the National Academy of Science 

and with national associations representing the law enforcement and social science professions, including the National Sheriffs’ Association, the Police Executive Research 

Forum, the International Association of Chiefs of Police, the 

Consortium of Social Science Associations, and the American Society of Criminology. 

(f) RECOMMENDATIONS REGARDING INNOVATIVE CRIME PREVEN- TION AND INTERVENTION STRATEGIES.— (1) SUBMISSION.— (A) IN GENERAL.—Not later than 30 days after the date 

of the final hearing under subsection (d) relating to a subcategory, the Commission shall provide the Director of the 

National Institute of Justice and the Attorney General with 

recommendations on qualifying considerations relating to 

that subcategory for selecting recipients of contracts, cooperative agreements, and grants under section 405. 

(B) DEADLINE.—Not later than 13 months after the date 

on which all members of the Commission have been appointed, the Commission shall provide all recommendations 

required under this subsection. 

(2) MATTERS INCLUDED.—The recommendations provided 

under paragraph (1) shall include recommendations relating 

to— 

(A) the types of strategies for the applicable subcategory 

that would best benefit from additional research and development; 

(B) any geographic or demographic targets; 

(C) the types of partnerships with other public or private 

entities that might be pertinent and prioritized; and 

(D) any classes of crime and delinquency prevention and 

intervention strategies that should not be given priority because of a pre-existing base of knowledge that would benefit 

less from additional research and development. 

(g) FINAL REPORT ON THE RESULTS OF INNOVATIVE CRIME PREVENTION AND INTERVENTION STRATEGIES.— (1) IN GENERAL.—Following the close of the 3-year period for 

the evaluation of an innovative strategy under section 405, the 

Commission shall collect the results of the evaluation and shall 

submit a public report to the President, the Attorney General, 

Congress, the chief executive of each State, and the attorney 


smartinez on DSKB9S0YB1PROD with REPORTS
88 

general of each State describing each strategy funded under section 405 and the results of the strategy. The report under this 

paragraph shall be submitted not later than 5 years after the 

date of the selection of the chairperson of the Commission. 

(2) COLLECTION OF INFORMATION AND EVIDENCE REGARDING

RECIPIENTS.—The collection of information and evidence by the 

Commission regarding each recipient of a contract, cooperative 

agreement, or grant under section 405 shall be carried out by— 

(A) ongoing communications with the grant administrator at the National Institute of Justice and other appropriate officers at other components of the Department of 

Justice; 

(B) visits by representatives of the Commission (including 

at least 1 member of the Commission) to the site where the 

recipient of a contract, cooperative agreement, or grant is 

carrying out the strategy funded under section 405, at least 

once in the second and once in the third year of the contract, cooperative agreement, or grant; 

(C) a review of the data generated by the study monitoring the effectiveness of the strategy; and 

(D) other means as necessary. 

(3) MATTERS INCLUDED.—The report submitted under paragraph (1) shall include a review of each strategy carried out 

with a contract, cooperative agreement, or grant under section 

405, detailing— 

(A) the type of crime or delinquency prevention or intervention strategy; 

(B) where the activities under the strategy were carried 

out, including geographic and demographic targets; 

(C) any partnerships with public or private entities 

through the course of the period of the contract, cooperative 

agreement, or grant; 

(D) the type and design of the effectiveness study conducted under section 405(b)(4) or section 405(c)(2)(C) for 

that strategy; 

(E) the results of the effectiveness study conducted under 

section 405(b)(4) or section 405(c)(2)(C) for that strategy; 

(F) lessons learned regarding implementation of that 

strategy or of the effectiveness study conducted under section 405(b)(4) or section 405(c)(2)(C), including recommendations regarding which types of environments might best 

be suited for successful replication; and 

(G) recommendations regarding the need for further research and development of the strategy. 

(h) PERSONNEL MATTERS.— 

(1) TRAVEL EXPENSES.—The members of the Commission 

shall be allowed travel expenses, including per diem in lieu of 

subsistence, at rates authorized for employees of agencies under 

subchapter I of chapter 57 of title 5, United States Code, while 

away from their homes or regular places of business in the performance of service for the Commission. 

(2) COMPENSATION OF MEMBERS.—Members of the Commission shall serve without compensation. 

(3) STAFF.— 


smartinez on DSKB9S0YB1PROD with REPORTS
89 

(A) IN GENERAL.—The chairperson of the Commission 

may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such 

other additional personnel as may be necessary to enable 

the Commission to perform its duties. The employment of 

an executive director shall be subject to confirmation by the 

Commission. 

(B) COMPENSATION.—The chairperson of the Commission 

may fix the compensation of the executive director and 

other personnel without regard to the provisions of chapter 

51 and subchapter III of chapter 53 of title 5, United States 

Code, relating to classification of positions and General 

Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate 

payable for level V of the Executive Schedule under section 

5316 of such title. 

(4) DETAIL OF FEDERAL EMPLOYEES.—With the affirmative 

vote of 2⁄3 of the members of the Commission, any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. 

(i) CONTRACTS FOR RESEARCH.— 

(1) NATIONAL INSTITUTE OF JUSTICE.—With a 2⁄3 affirmative 

vote of the members of the Commission, the Commission may 

select nongovernmental researchers and experts to assist the 

Commission in carrying out its duties under this title. The National Institute of Justice shall contract with the researchers 

and experts selected by the Commission to provide funding in 

exchange for their services. 

(2) OTHER ORGANIZATIONS.—Nothing in this subsection shall 

be construed to limit the ability of the Commission to enter into 

contracts with other entities or organizations for research necessary to carry out the duties of the Commission under this section. 

(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $5,000,000 to carry out this section. 

(k) TERMINATION.—The Commission shall terminate on the date 

that is 30 days after the date on which the Commission submits the 

last report required by this section. 

(l) EXEMPTION.—The Commission shall be exempt from the Federal Advisory Committee Act. 

SEC. 405. INNOVATIVE CRIME PREVENTION AND INTERVENTION 

STRATEGIES. 

(a) IN GENERAL.—The Attorney General may fund the implementation and evaluation of innovative crime or delinquency prevention 

or intervention strategies though coordinated initiatives, as described in subsection (b), through grants authorized under subsection (c), or a combination of the coordinated initiatives and grants. 

(b) COORDINATED INITIATIVES.— 

(1) IN GENERAL.—The Attorney General, acting through the 

Director of the National Institute of Justice, may coordinate efforts between the National Institute of Justice and other appropriate components of the Department of Justice to implement 


smartinez on DSKB9S0YB1PROD with REPORTS
90 

and rigorously evaluate innovative crime or delinquency prevention or intervention strategies. 

(2) SELECTION OF STRATEGIES.—The Director of the National 

Institute of Justice, in consultation with the heads of other appropriate components of the Department of Justice, shall identify innovative crime or delinquency prevention or intervention 

strategies that would best benefit from additional funding and 

evaluation, taking into consideration the recommendations of 

the Commission under section 404(f). 

(3) PROGRAM OFFICE ROLE.—The head of any appropriate 

component of the Department of Justice, as determined by the 

Attorney General, may provide incentives under a contract, cooperative agreement, or grant entered into or made by the component, including a competitive preference priority and providing additional funds, for a public or private entity to— 

(A) implement a strategy identified under paragraph (2); 

or 

(B) participate in the evaluation under paragraph (4) of 

the strategies identified under paragraph (2). 

(4) NATIONAL INSTITUTE OF JUSTICE EVALUATION.— (A) IN GENERAL.—The Director of the National Institute 

of Justice may enter into or make contracts, cooperative 

agreements, or grants to conduct a rigorous study of the effectiveness of each strategy relating to which an incentive 

is provided under paragraph (3). 

(B) AMOUNT AND DURATION.—A contract, cooperative 

agreement, or grant under subparagraph (A) shall be for 

not more than $700,000, and shall be for a period of not 

more than 3 years. 

(C) METHODOLOGY OF STUDY.—Each study conducted 

under subparagraph (A) shall use a study design that is 

likely to produce rigorous evidence of the effectiveness of the 

strategy and, where feasible, measure outcomes using available administrative data, such as police arrest records, so 

as to minimize the costs of the study. 

(c) GRANTS AUTHORIZED.— (1) IN GENERAL.—The Director of the National Institute of 

Justice may make grants to public and private entities to fund 

the implementation and evaluation of innovative crime or delinquency prevention or intervention strategies. The purpose of 

grants under this subsection shall be to provide funds for all expenses related to the implementation of such a strategy and to 

conduct a rigorous study on the effectiveness of that strategy. 

(2) GRANT DISTRIBUTION.— 

(A) PERIOD.—A grant under this subsection shall be 

made for a period of not more than 3 years. 

(B) AMOUNT.—The amount of each grant under this subsection— 

(i) shall be sufficient to ensure that rigorous evaluations may be performed; and (ii) shall not exceed $2,000,000. 

(C) EVALUATION SET-ASIDE.— (i) IN GENERAL.—A grantee shall use not less than 

$300,000 and not more than $700,000 of the funds 


smartinez on DSKB9S0YB1PROD with REPORTS
91 

from a grant under this subsection for a rigorous study 

of the effectiveness of the strategy during the 3-year period of the grant for that strategy. 

(ii) METHODOLOGY OF STUDY.— (I) IN GENERAL.—Each study conducted under 

clause (i) shall use an evaluator and a study design approved by the employee of the National Institute of Justice hired or assigned under subsection (e) and, where feasible, measure outcomes 

using available administrative data, such as police 

arrest records, so as to minimize the costs of the 

study. 

(II) CRITERIA.—The employee of the National Institute of Justice hired or assigned under subsection (e) shall approve— 

(aa) an evaluator that has successfully carried out multiple studies producing rigorous 

evidence of effectiveness; and 

(bb) a proposed study design that is likely to 

produce rigorous evidence of the effectiveness 

of the strategy. 

(III) APPROVAL.—Before a grant is awarded 

under this subsection, the evaluator and study design of a grantee shall be approved by the employee of the National Institute of Justice hired or 

assigned under subsection (e). 

(D) DATE OF AWARD.—Not later than 6 months after the 

date of receiving recommendations relating to a subcategory 

from the Commission under section 404(f), the Director of 

the National Institute of Justice shall award all grants 

under this subsection relating to that subcategory. 

(E) TYPE OF GRANTS.—One-third of the grants made 

under this subsection shall be made in each subcategory. In 

distributing grants, the recommendations of the Commission under section 404(f) shall be considered. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $18,000,000 to carry out subsections (b) and (c). 

(e) DEDICATED STAFF.— (1) IN GENERAL.—The Director of the National Institute of 

Justice shall hire or assign a full-time employee to oversee the 

contracts, cooperative agreements, and grants under this section. 

(2) STUDY OVERSIGHT.—The employee of the National Institute of Justice hired or assigned under paragraph (1) shall be 

responsible for ensuring that recipients of a contract, cooperative agreement, or grant under this section adhere to the study 

design approved before the contract, cooperative agreement, or 

grant was entered into or awarded. 

(3) LIAISON.—The employee of the National Institute of Justice hired or assigned under paragraph (1) may be used as a 

liaison between the Commission and the recipients of a contract, cooperative agreement, or grant under this section. The 

employee shall be responsible for ensuring timely cooperation 

with Commission requests. 


smartinez on DSKB9S0YB1PROD with REPORTS
92 

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $150,000 for each of fiscal years 2010 

through 2014 to carry out this subsection. 

(f) APPLICATIONS.—A public or private entity desiring a contract, 

cooperative agreement, or grant under this section shall submit an 

application at such time, in such manner, and accompanied by such 

information as the Director of the National Institute of Justice or 

other appropriate component of the Department of Justice may reasonably require. 

(g) COOPERATION WITH THE COMMISSION.—A person entering into 

a contract or cooperative agreement or receiving a grant under this 

section shall cooperate with the Commission in providing the Commission with full information on the progress of the strategy being 

carried out with a contract, cooperative agreement, or grant under 

this section, including— 

(1) hosting visits by the members of the Commission to the 

site where the activities under the strategy are being carried 

out; 

(2) providing pertinent information on the logistics of establishing the strategy for which the contract, cooperative agreement, or grant under this section was received, including details on partnerships, selection of participants, and any efforts 

to publicize the strategy; and 

(3) responding to any specific inquiries that may be made by 

the Commission. 

SEC. 406. FUNDING. 

Section 524(c) of title 28, United States Code, is amended by adding at the end the following: 

‘‘(12) For the first full fiscal year after the date of enactment 

of the PRECAUTION Act, and each fiscal year thereafter 

through the end of the fifth full fiscal year after such date of 

enactment, there is appropriated to the Attorney General from 

the Fund $4,750,000 to carry out the PRECAUTION Act.’’. 

* * * * * * * 

TITLE V—MISCELLANEOUS PROVISIONS 

SEC. 501. EVALUATION BY GENERAL ACCOUNTING OFFICE. 

(a) EVALUATION.—Not later than October 1, 2010, the Comptroller 

General of the United States shall— 

(1) conduct a comprehensive analysis and evaluation regarding the performance of the Office of Juvenile Justice Delinquency and Prevention (referred to in this section as ‘‘the agency’’), its functions, its programs, and its grants; 

(2) conduct a comprehensive audit and evaluation of a selected, statistically significant sample of grantees (as determined by the Comptroller General) that receive Federal funds 

under grant programs administered by the Office of Juvenile 

Justice Delinquency and Prevention including a review of internal controls to prevent fraud, waste, and abuse of funds by 

grantees; and 

(3) submit a report in accordance with subsection (d). 


smartinez on DSKB9S0YB1PROD with REPORTS
93 

(b) CONSIDERATIONS FOR EVALUATION.—In conducting the analysis and evaluation under subsection (a)(1), and in order to document the efficiency and public benefit of the Juvenile Justice and 

Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.), excluding the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) 

and the Missing Children’s Assistance Act (42 U.S.C. 5771 et seq.), 

the Comptroller General shall take into consideration— 

(1) the extent to which the jurisdiction of, and the programs 

administered by, the agency duplicate or conflict with the jurisdiction and programs of other agencies; 

(2) 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; 

(3) whether present functions or operations are impeded or 

enhanced by existing statutes, rules and procedures; 

(4) the number and types of beneficiaries or persons served by 

programs carried out by the agency; 

(5) 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; 

(6) the extent to which the agency complies with section 552 

of title 5, United States Code (commonly known as the Freedom 

of Information Act); 

(7) whether greater oversight is needed of programs developed 

with grants made by the agency; and 

(8) the extent to which 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. 

(c) CONSIDERATIONS FOR AUDITS.—In conducting the audit and 

evaluation under subsection (a)(2), and in order to document the efficiency and public benefit of the Juvenile Justice and Delinquency 

Prevention Act of 1974 (42 U.S.C. 5601 et seq.), excluding the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) and the 

Missing Children’s Assistance Act (42 U.S.C. 5771 et seq.), the 

Comptroller General shall take into consideration— 

(1) whether grantees timely file Financial Status Reports; 

(2) whether grantees have sufficient internal controls to ensure adequate oversight of grant fund received; 

(3) whether disbursements were accompanied with adequate 

supporting documentation (including invoices and receipts); 

(4) whether expenditures were authorized; 

(5) whether subrecipients of grant funds were complying with 

program requirements; 

(6) whether salaries and fringe benefits of personnel were adequately supported by documentation; 

(7) whether contracts were bid in accordance with program 

guidelines; and 

(8) whether grant funds were spent in accordance with program goals and guidelines. 

(d) REPORT.— (1) IN GENERAL.—The Comptroller General of the United 

States shall submit a report regarding the evaluation conducted 


smartinez on DSKB9S0YB1PROD with REPORTS
94 

under subsection (a) and audit under subsection (b), together 

with supporting materials, to the Speaker of the House of Representatives and the President pro tempore of the Senate, and 

be made available to the public, not later than October 1, 2011. 

(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). 

* * * * * * * 

TITLE 18—CRIMINAL PROCEDURE 

CHAPTER 207—RELEASE AND DETENTION PENDING 

JUDICIAL PROCEEDINGS 

§ 3154. Functions and powers relating to pretrial services 

Pretrial services functions shall include the following: 

(1) Collect, verify, and report to the judicial officer, prior to 

the pretrial release hearing, information pertaining to the pretrial release of each individual charged with an offense, including information relating to any danger that the release of such 

person may pose to any other person or the community, and, 

where appropriate, include a recommendation as to whether 

such individual should be released or detained and, if release 

is recommended, recommend appropriate conditions of release; 

except that a district court may direct that information not be 

collected, verified, or reported under this paragraph on individuals charged with Class A misdemeanors as defined in section 

3559(a)(6) of this title. 

(2) Review and modify the reports and recommendations 

specified in paragraph (1) of this section for persons seeking release pursuant to section 3145 of this chapter. 

(3) Supervise persons released into its custody under this 

chapter. 

(4) Operate or contract for the operation of appropriate facilities for the custody or care of persons released under this chapter including residential halfway houses, addict and alcoholic 

treatment centers, and counseling services, and contract with 

any appropriate public or private agency or person, or expend 

funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, 

including equipment and emergency housing, corrective and 

preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that 

such persons appear in court as required. 

(5) Inform the court and the United States attorney of all apparent violations of pretrial release conditions, arrests of persons released to the custody of providers of pretrial services or 

under the supervision of providers of pretrial services, and any 

danger that any such person may come to pose to any other 


smartinez on DSKB9S0YB1PROD with REPORTS
95 

person or the community, and recommend appropriate modifications of release conditions. 

(6) Serve as coordinator for other local agencies which serve 

or are eligible to serve as custodians under this chapter and 

advise the court as to the eligibility, availability, and capacity 

of such agencies. 

(7) Assist persons released under this chapter in securing 

any necessary employment, medical, legal, or social services. 

(8) Prepare, in cooperation with the United States marshal 

and the United States attorney such pretrial detention reports 

as are required by the provisions of the Federal Rules of Criminal Procedure relating to the supervision of detention pending 

trial. 

(9) Develop and implement a system to monitor and evaluate 

bail activities, provide information to judicial officers on the results of bail decisions, and prepare periodic reports to assist in 

the improvement of the bail process. 

(10) To the extent provided for in an agreement between a 

chief pretrial services officer in districts in which pretrial services are established under section 3152(b) of this title, or the 

chief probation officer in all other districts, and the United 

States attorney, collect, verify, and prepare reports for the 

United States attorney’s office of information pertaining to the 

pretrial diversion of any individual who is or may be charged 

with an offense, and perform such other duties as may be required under any such agreement. 

(11) Make contracts, to such extent and in such amounts as 

are provided in appropriation Acts, for the carrying out of any 

pretrial services functions. 

(12)(A) As directed by the court and to the degree required 

by the regimen of care or treatment ordered by the court as a 

condition of release, keep informed as to the conduct and provide supervision of a person conditionally released under the 

provisions of section 4243 or 4246 of this title, and report such 

person’s conduct and condition to the court ordering release 

and the Attorney General or his designee. 

(B) Any violation of the conditions of release shall immediately be reported to the court and the Attorney General or 

his designee. 

(13) If approved by the district court, be authorized to carry 

firearms under such rules and regulations as the Director of 

the Administrative Office of the United States Courts may prescribe. 

(14) Perform, in a manner appropriate for juveniles, any of 

the functions identified in this section with respect to juveniles 

awaiting adjudication, trial, or disposition under chapter 403 

of this title who are not detained. 

ø(14)¿(15) Perform such other functions as specified under 

this chapter. 

Æ 


smartinez on DSKB9S0YB1PROD with REPORTS