I

107TH CONGRESS

1ST SESSION H. R. 863

To provide grants to ensure increased accountability for juvenile offenders.

IN THE HOUSE OF REPRESENTATIVES

MARCH 6, 2001

Mr. SMITH of Texas (for himself, Mr. SCOTT, Mr. BARR of Georgia, Mr.

CHABOT, Mr. COBLE, Mr. DELAHUNT, Mr. GOODLATTE, Mr. GREEN of

Wisconsin, Mr. HUTCHINSON, Ms. JACKSON-LEE of Texas, Mr. KELLER,

Mr. MEEHAN, and Mr. WEINER) introduced the following bill; which was

referred to the Committee on the Judiciary

A BILL

To provide grants to ensure increased accountability for

juvenile offenders.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Consequences for Juve5 nile Offenders Act of 2001’’.

6 SEC. 2. GRANT PROGRAM.

7 (a) IN GENERAL.—Part R of title I of the Omnibus

8 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

9 3796 et seq.) is amended to read as follows:
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1 ‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK

2 GRANTS

3 ‘‘SEC. 1801. PROGRAM AUTHORIZED.

4 ‘‘(a) IN GENERAL.—The Attorney General is author5 ized to provide grants to States, for use by States and

6 units of local government, and in certain cases directly to

7 specially qualified units.

8 ‘‘(b) AUTHORIZED ACTIVITIES.—Amounts paid to a

9 State or a unit of local government under this part shall

10 be used by the State or unit of local government for the

11 purpose of strengthening the juvenile justice system,

12 which includes—

13 ‘‘(1) developing, implementing, and admin14 istering graduated sanctions for juvenile offenders;

15 ‘‘(2) building, expanding, renovating, or oper16 ating temporary or permanent juvenile correction,

17 detention, or community corrections facilities;

18 ‘‘(3) hiring juvenile court judges, probation offi19 cers, and court-appointed defenders and special ad20 vocates, and funding pretrial services for juvenile of21 fenders, to promote the effective and expeditious ad22 ministration of the juvenile justice system;

23 ‘‘(4) hiring additional prosecutors, so that more

24 cases involving violent juvenile offenders can be

25 prosecuted and case backlogs reduced;
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1 ‘‘(5) providing funding to enable prosecutors to

2 address drug, gang, and youth violence problems

3 more effectively and for technology, equipment, and

4 training to assist prosecutors in identifying and ex5 pediting the prosecution of violent juvenile offenders;

6 ‘‘(6) establishing and maintaining training pro7 grams for law enforcement and other court per8 sonnel with respect to preventing and controlling ju9 venile crime;

10 ‘‘(7) establishing juvenile gun courts for the

11 prosecution and adjudication of juvenile firearms of12 fenders;

13 ‘‘(8) establishing drug court programs for juve14 nile offenders that provide continuing judicial super15 vision over juvenile offenders with substance abuse

16 problems and the integrated administration of other

17 sanctions and services for such offenders;

18 ‘‘(9) establishing and maintaining a system of

19 juvenile records designed to promote public safety;

20 ‘‘(10) establishing and maintaining interagency

21 information-sharing programs that enable the juve22 nile and criminal justice system, schools, and social

23 services agencies to make more informed decisions

24 regarding the early identification, control, super-
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1 vision, and treatment of juveniles who repeatedly

2 commit serious delinquent or criminal acts;

3 ‘‘(11) establishing and maintaining account4 ability-based programs designed to reduce recidivism

5 among juveniles who are referred by law enforce6 ment personnel or agencies;

7 ‘‘(12) establishing and maintaining programs to

8 conduct risk and need assessments of juvenile of9 fenders that facilitate the effective early intervention

10 and the provision of comprehensive services, includ11 ing mental health screening and treatment and sub12 stance abuse testing and treatment to such offend13 ers; and

14 ‘‘(13) establishing and maintaining account15 ability-based programs that are designed to enhance

16 school safety.

17 ‘‘SEC. 1802. GRANT ELIGIBILITY.

18 ‘‘(a) STATE ELIGIBILITY.—To be eligible to receive

19 a grant under this section, a State shall submit to the

20 Attorney General an application at such time, in such

21 form, and containing such assurances and information as

22 the Attorney General may require by rule, including assur23 ances that the State and any unit of local government to

24 which the State provides funding under section 1803(b),

25 has in effect (or shall have in effect, not later than 1 year
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1 after the date that the State submits such application)

2 laws, or has implemented (or shall implement, not later

3 than 1 year after the date that the State submits such

4 application) policies and programs, that provide for a sys5 tem of graduated sanctions described in subsection (c).

6 ‘‘(b) LOCAL ELIGIBILITY.—

7 ‘‘(1) SUBGRANT ELIGIBILITY.—To be eligible to

8 receive a subgrant, a unit of local government, other

9 than a specially qualified unit, shall provide such as10 surances to the State as the State shall require,

11 that, to the maximum extent applicable, the unit of

12 local government has in effect (or shall have in ef13 fect, not later than 1 year after the date that the

14 unit submits such application) laws, or has imple15 mented (or shall implement, not later than 1 year

16 after the date that the unit submits such applica17 tion) policies and programs, that provide for a sys18 tem of graduated sanctions described in subsection

19 (c).

20 ‘‘(2) SPECIAL RULE.—The requirements of

21 paragraph (1) shall apply to a specially qualified

22 unit that receives funds from the Attorney General

23 under section 1803(e), except that information that

24 is otherwise required to be submitted to the State

25 shall be submitted to the Attorney General.
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1 ‘‘(c) GRADUATED SANCTIONS.—A system of grad2 uated sanctions, which may be discretionary as provided

3 in subsection (d), shall ensure, at a minimum, that—

4 ‘‘(1) sanctions are imposed on a juvenile of5 fender for each delinquent offense;

6 ‘‘(2) sanctions escalate in intensity with each

7 subsequent, more serious delinquent offense;

8 ‘‘(3) there is sufficient flexibility to allow for in9 dividualized sanctions and services suited to the indi10 vidual juvenile offender; and

11 ‘‘(4) appropriate consideration is given to public

12 safety and victims of crime.

13 ‘‘(d) DISCRETIONARY USE OF SANCTIONS.—

14 ‘‘(1) VOLUNTARY PARTICIPATION.—A State or

15 unit of local government may be eligible to receive

16 a grant under this part if—

17 ‘‘(A) its system of graduated sanctions is

18 discretionary; and

19 ‘‘(B) it demonstrates that it has promoted

20 the use of a system of graduated sanctions by

21 taking steps to encourage implementation of

22 such a system by juvenile courts.

23 ‘‘(2) REPORTING REQUIREMENT IF GRADUATED

24 SANCTIONS NOT USED.—
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1 ‘‘(A) JUVENILE COURTS.—A State or unit

2 of local government in which the imposition of

3 graduated sanctions is discretionary shall re4 quire each juvenile court within its

5 jurisdiction—

6 ‘‘(i) which has not implemented a sys7 tem of graduated sanctions, to submit an

8 annual report that explains why such court

9 did not implement graduated sanctions;

10 and

11 ‘‘(ii) which has implemented a system

12 of graduated sanctions but has not im13 posed graduated sanctions in 1 or more

14 specific cases, to submit an annual report

15 that explains why such court did not im16 pose graduated sanctions in each such

17 case.

18 ‘‘(B) UNITS OF LOCAL GOVERNMENT.—

19 Each unit of local government, other than a

20 specially qualified unit, that has 1 or more juve21 nile courts that use a discretionary system of

22 graduated sanctions shall collect the informa23 tion reported under subparagraph (A) for sub24 mission to the State each year.
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1 ‘‘(C) STATES.—Each State and specially

2 qualified unit that has 1 or more juvenile courts

3 that use a discretionary system of graduated

4 sanctions shall collect the information reported

5 under subparagraph (A) for submission to the

6 Attorney General each year. A State shall also

7 collect and submit to the Attorney General the

8 information collected under subparagraph (B).

9 ‘‘(e) DEFINITIONS.—For purposes of this section:

10 ‘‘(1) The term ‘discretionary’ means that a sys11 tem of graduated sanctions is not required to be im12 posed by each and every juvenile court in a State or

13 unit of local government.

14 ‘‘(2) The term ‘sanctions’ means tangible, pro15 portional consequences that hold the juvenile of16 fender accountable for the offense committed. A

17 sanction may include counseling, restitution, commu18 nity service, a fine, supervised probation, or confine19 ment.

20 ‘‘SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

21 ‘‘(a) STATE ALLOCATION.—

22 ‘‘(1) IN GENERAL.—In accordance with regula23 tions promulgated pursuant to this part and except

24 as provided in paragraph (3), the Attorney General

25 shall allocate—
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1 ‘‘(A) 0.25 percent for each State; and

2 ‘‘(B) of the total funds remaining after the

3 allocation under subparagraph (A), to each

4 State, an amount which bears the same ratio to

5 the amount of remaining funds described in this

6 subparagraph as the population of people under

7 the age of 18 living in such State for the most

8 recent calendar year in which such data is

9 available bears to the population of people

10 under the age of 18 of all the States for such

11 fiscal year.

12 ‘‘(2) PROHIBITION.—No funds allocated to a

13 State under this subsection or received by a State

14 for distribution under subsection (b) may be distrib15 uted by the Attorney General or by the State in16 volved for any program other than a program con17 tained in an approved application.

18 ‘‘(3) INCREASE FOR STATE RESERVE.—

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), if a State demonstrates and certifies

21 to the Attorney General that the State’s law en22 forcement expenditures in the fiscal year pre23 ceding the date in which an application is sub24 mitted under this part is more than 25 percent

25 of the aggregate amount of law enforcement ex-
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1 penditures by the State and its eligible units of

2 local government, the percentage referred to in

3 paragraph (1)(A) shall equal the percentage de4 termined by dividing the State’s law enforce5 ment expenditures by such aggregate.

6 ‘‘(B) LAW ENFORCEMENT EXPENDITURES

7 OVER 50 PERCENT.—If the law enforcement ex8 penditures of a State exceed 50 percent of the

9 aggregate amount described in subparagraph

10 (A), the Attorney General shall consult with as

11 many units of local government in such State

12 as practicable regarding the State’s proposed

13 uses of funds.

14 ‘‘(b) LOCAL DISTRIBUTION.—

15 ‘‘(1) IN GENERAL.—Except as provided in sub16 section (a)(3), each State which receives funds under

17 subsection (a)(1) in a fiscal year shall distribute not

18 less than 75 percent of such amounts received

19 among units of local government, for the purposes

20 specified in section 1801. In making such distribu21 tion the State shall allocate to such units of local

22 government an amount which bears the same ratio

23 to the aggregate amount of such funds as—

24 ‘‘(A) the sum of—

25 ‘‘(i) the product of—
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1 ‘‘(I) three-quarters; multiplied by

2 ‘‘(II) the average law enforce3 ment expenditure for such unit of

4 local government for the 3 most re5 cent calendar years for which such

6 data is available; plus

7 ‘‘(ii) the product of—

8 ‘‘(I) one-quarter; multiplied by

9 ‘‘(II) the average annual number

10 of part 1 violent crimes in such unit

11 of local government for the 3 most re12 cent calendar years for which such

13 data is available, bears to—

14 ‘‘(B) the sum of the products determined

15 under subparagraph (A) for all such units of

16 local government in the State.

17 ‘‘(2) EXPENDITURES.—The allocation any unit

18 of local government shall receive under paragraph

19 (1) for a payment period shall not exceed 100 per20 cent of law enforcement expenditures of the unit for

21 such payment period.

22 ‘‘(3) REALLOCATION.—The amount of any unit

23 of local government’s allocation that is not available

24 to such unit by operation of paragraph (2) shall be

25 available to other units of local government that are
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1 not affected by such operation in accordance with

2 this subsection.

3 ‘‘(c) UNAVAILABILITY OF DATA FOR UNITS OF

4 LOCAL GOVERNMENT.—If the State has reason to believe

5 that the reported rate of part 1 violent crimes or law en6 forcement expenditures for a unit of local government is

7 insufficient or inaccurate, the State shall—

8 ‘‘(1) investigate the methodology used by the

9 unit to determine the accuracy of the submitted

10 data; and

11 ‘‘(2) if necessary, use the best available com12 parable data regarding the number of violent crimes

13 or law enforcement expenditures for the relevant

14 years for the unit of local government.

15 ‘‘(d) LOCAL GOVERNMENT WITH ALLOCATIONS LESS

16 THAN $5,000.—If under this section a unit of local gov17 ernment is allocated less than $5,000 for a payment pe18 riod, the amount allotted shall be expended by the State

19 on services to units of local government whose allotment

20 is less than such amount in a manner consistent with this

21 part.

22 ‘‘(e) DIRECT GRANTS TO SPECIALLY QUALIFIED

23 UNITS.—

24 ‘‘(1) IN GENERAL.—If a State does not qualify

25 or apply for funds reserved for allocation under sub-
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1 section (a) by the application deadline established by

2 the Attorney General, the Attorney General shall re3 serve not more than 75 percent of the allocation that

4 the State would have received under subsection (a)

5 for such fiscal year to provide grants to specially

6 qualified units which meet the requirements for

7 funding under section 1802.

8 ‘‘(2) AWARD BASIS.—In addition to the quali9 fication requirements for direct grants for specially

10 qualified units the Attorney General may use the av11 erage amount allocated by the States to units of

12 local government as a basis for awarding grants

13 under this section.

14 ‘‘SEC. 1804. REGULATIONS.

15 ‘‘(a) IN GENERAL.—The Attorney General shall issue

16 regulations establishing procedures under which a State

17 or unit of local government that receives funds under sec18 tion 1803 is required to provide notice to the Attorney

19 General regarding the proposed use of funds made avail20 able under this part.

21 ‘‘(b) ADVISORY BOARD.—The regulations referred to

22 in subsection (a) shall include a requirement that such eli23 gible State or unit of local government establish and con24 vene an advisory board to review the proposed uses of such
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1 funds. The board shall include representation from, if

2 appropriate—

3 ‘‘(1) the State or local police department;

4 ‘‘(2) the local sheriff’s department;

5 ‘‘(3) the State or local prosecutor’s office;

6 ‘‘(4) the State or local juvenile court;

7 ‘‘(5) the State or local probation officer;

8 ‘‘(6) the State or local educational agency;

9 ‘‘(7) a State or local social service agency; and

10 ‘‘(8) a nonprofit, religious, or community group.

11 ‘‘SEC. 1805. PAYMENT REQUIREMENTS.

12 ‘‘(a) TIMING OF PAYMENTS.—The Attorney General

13 shall pay to each State or unit of local government that

14 receives funds under section 1803 that has submitted an

15 application under this part not later than—

16 ‘‘(1) 90 days after the date that the amount is

17 available, or

18 ‘‘(2) the first day of the payment period if the

19 State has provided the Attorney General with the as20 surances required by subsection (c),

21 whichever is later.

22 ‘‘(b) REPAYMENT OF UNEXPENDED AMOUNTS.—

23 ‘‘(1) REPAYMENT REQUIRED.—From amounts

24 awarded under this part, a State or specially quali25 fied unit shall repay to the Attorney General, or a
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1 unit of local government shall repay to the State by

2 not later than 27 months after receipt of funds from

3 the Attorney General, any amount that is not ex4 pended by the State within 2 years after receipt of

5 such funds from the Attorney General.

6 ‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the

7 amount required to be repaid is not repaid, the At8 torney General shall reduce payment in future pay9 ment periods accordingly.

10 ‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts

11 received by the Attorney General as repayments

12 under this subsection shall be deposited in a des13 ignated fund for future payments to States and spe14 cially qualified units.

15 ‘‘(c) ADMINISTRATIVE COSTS.—A State or unit of

16 local government that receives funds under this part may

17 use not more than 5 percent of such funds to pay for ad18 ministrative costs.

19 ‘‘(d) NONSUPPLANTING REQUIREMENT.—Funds

20 made available under this part to States and units of local

21 government shall not be used to supplant State or local

22 funds as the case may be, but shall be used to increase

23 the amount of funds that would, in the absence of funds

24 made available under this part, be made available from

25 State or local sources, as the case may be.
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1 ‘‘(e) MATCHING FUNDS.—The Federal share of a

2 grant received under this part may not exceed 90 percent

3 of the costs of a program or proposal funded under this

4 part.

5 ‘‘SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

6 ‘‘Funds or a portion of funds allocated under this

7 part may be used by a State or unit of local government

8 that receives a grant under this part to contract with pri9 vate, nonprofit entities, or community-based organizations

10 to carry out the purposes specified under section 1801(b).

11 ‘‘SEC. 1807. ADMINISTRATIVE PROVISIONS.

12 ‘‘(a) IN GENERAL.—A State or specially qualified

13 unit that receives funds under this part shall—

14 ‘‘(1) establish a trust fund in which the govern15 ment will deposit all payments received under this

16 part;

17 ‘‘(2) use amounts in the trust fund (including

18 interest) during a period not to exceed 2 years from

19 the date the first grant payment is made to the

20 State or specially qualified unit;

21 ‘‘(3) designate an official of the State or spe22 cially qualified unit to submit reports as the Attor23 ney General reasonably requires, in addition to the

24 annual reports required under this part; and
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1 ‘‘(4) spend the funds only for the purposes

2 under section 1801(b).

3 ‘‘(b) TITLE I PROVISIONS.—Except as otherwise pro4 vided, the administrative provisions of part H shall apply

5 to this part and for purposes of this section any reference

6 in such provisions to title I shall be deemed to include

7 a reference to this part.

8 ‘‘SEC. 1808. DEFINITIONS.

9 ‘‘For purposes of this part:

10 ‘‘(1) The term ‘unit of local government’

11 means—

12 ‘‘(A) a county, township, city, or political

13 subdivision of a county, township, or city, that

14 is a unit of local government as determined by

15 the Secretary of Commerce for general statis16 tical purposes; and

17 ‘‘(B) the District of Columbia and the rec18 ognized governing body of an Indian tribe or

19 Alaskan Native village that carries out substan20 tial governmental duties and powers.

21 ‘‘(2) The term ‘specially qualified unit’ means a

22 unit of local government which may receive funds

23 under this part only in accordance with section

24 1803(e).
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1 ‘‘(3) The term ‘State’ means any State of the

2 United States, the District of Columbia, the Com3 monwealth of Puerto Rico, the Virgin Islands, Amer4 ican Samoa, Guam, and the Northern Mariana Is5 lands, except that American Samoa, Guam, and the

6 Northern Mariana Islands shall be considered as 1

7 State and that, for purposes of section 1803(a), 33

8 percent of the amounts allocated shall be allocated

9 to American Samoa, 50 percent to Guam, and 17

10 percent to the Northern Mariana Islands.

11 ‘‘(4) The term ‘juvenile’ means an individual

12 who is 17 years of age or younger.

13 ‘‘(5) The term ‘law enforcement expenditures’

14 means the expenditures associated with prosecu15 torial, legal, and judicial services, and corrections as

16 reported to the Bureau of the Census for the fiscal

17 year preceding the fiscal year for which a determina18 tion is made under this part.

19 ‘‘(6) The term ‘part 1 violent crimes’ means

20 murder and nonnegligent manslaughter, forcible

21 rape, robbery, and aggravated assault as reported to

22 the Federal Bureau of Investigation for purposes of

23 the Uniform Crime Reports.
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1 ‘‘SEC. 1809. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

3 are authorized to be appropriated to carry out this part—

4 ‘‘(1) $500,000,000 for fiscal year 2002;

5 ‘‘(2) $500,000,000 for fiscal year 2003; and

6 ‘‘(3) $500,000,000 for fiscal year 2004.

7 ‘‘(b) OVERSIGHT ACCOUNTABILITY AND ADMINIS8 TRATION.—Not more than 3 percent of the amount au9 thorized to be appropriated under subsection (a), with

10 such amounts to remain available until expended, for each

11 of the fiscal years 2002 through 2004 shall be available

12 to the Attorney General for evaluation and research re13 garding the overall effectiveness and efficiency of the pro14 visions of this part, assuring compliance with the provi15 sions of this part, and for administrative costs to carry

16 out the purposes of this part. The Attorney General shall

17 establish and execute an oversight plan for monitoring the

18 activities of grant recipients.

19 ‘‘(c) FUNDING SOURCE.—Appropriations for activi20 ties authorized in this part may be made from the Violent

21 Crime Reduction Trust Fund.’’.

22 (b) CLERICAL AMENDMENTS.—The table of contents

23 of title I of the Omnibus Crime Control and Safe Streets

24 Act of 1968 is amended by striking the item relating to

25 part R and inserting the following:
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‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK GRANTS

‘‘Sec. 1801. Program authorized.

‘‘Sec. 1802. Grant eligibility.

‘‘Sec. 1803. Allocation and distribution of funds.

‘‘Sec. 1804. Regulations.

‘‘Sec. 1805. Payment requirements.

‘‘Sec. 1806. Utilization of private sector.

‘‘Sec. 1807. Administrative provisions.

‘‘Sec. 1808. Definitions.

‘‘Sec. 1809. Authorization of appropriations.’’.

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