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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 863 Referred in Senate (RFS)]

  1st Session
                                H. R. 863

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2001

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
   To provide grants to ensure increased accountability for juvenile 
                               offenders.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consequences for Juvenile Offenders 
Act of 2001''.

SEC. 2. GRANT PROGRAM.

    Part R of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796 et seq.) is amended to read as follows:

             ``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

``SEC. 1801. PROGRAM AUTHORIZED.

    ``(a) In General.--The Attorney General is authorized to provide 
grants to States, for use by States and units of local government, and 
in certain cases directly to specially qualified units.
    ``(b) Authorized Activities.--Amounts paid to a State or a unit of 
local government under this part shall be used by the State or unit of 
local government for the purpose of strengthening the juvenile justice 
system, which includes--
            ``(1) developing, implementing, and administering graduated 
        sanctions for juvenile offenders;
            ``(2) building, expanding, renovating, or operating 
        temporary or permanent juvenile correction, detention, or 
        community corrections facilities;
            ``(3) hiring juvenile court judges, probation officers, and 
        court-appointed defenders and special advocates, and funding 
        pretrial services (including mental health screening and 
        assessment) for juvenile offenders, to promote the effective 
        and expeditious administration of the juvenile justice system;
            ``(4) hiring additional prosecutors, so that more cases 
        involving violent juvenile offenders can be prosecuted and case 
        backlogs reduced;
            ``(5) providing funding to enable prosecutors to address 
        drug, gang, and youth violence problems more effectively and 
        for technology, equipment, and training to assist prosecutors 
        in identifying and expediting the prosecution of violent 
        juvenile offenders;
            ``(6) establishing and maintaining training programs for 
        law enforcement and other court personnel with respect to 
        preventing and controlling juvenile crime;
            ``(7) establishing juvenile gun courts for the prosecution 
        and adjudication of juvenile firearms offenders;
            ``(8) establishing drug court programs for juvenile 
        offenders that provide continuing judicial supervision over 
        juvenile offenders with substance abuse problems and the 
        integrated administration of other sanctions and services for 
        such offenders;
            ``(9) establishing and maintaining a system of juvenile 
        records designed to promote public safety;
            ``(10) establishing and maintaining interagency 
        information-sharing programs that enable the juvenile and 
        criminal justice systems, schools, and social services agencies 
        to make more informed decisions regarding the early 
        identification, control, supervision, and treatment of 
        juveniles who repeatedly commit serious delinquent or criminal 
        acts;
            ``(11) establishing and maintaining accountability-based 
        programs designed to reduce recidivism among juveniles who are 
        referred by law enforcement personnel or agencies;
            ``(12) establishing and maintaining programs to conduct 
        risk and need assessments of juvenile offenders that facilitate 
        the effective early intervention and the provision of 
        comprehensive services, including mental health screening and 
        treatment and substance abuse testing and treatment to such 
        offenders;
            ``(13) establishing and maintaining accountability-based 
        programs that are designed to enhance school safety;
            ``(14) establishing and maintaining restorative justice 
        programs;
            ``(15) establishing and maintaining programs to enable 
        juvenile courts and juvenile probation officers to be more 
        effective and efficient in holding juvenile offenders 
        accountable and reducing recidivism; or
            ``(16) hiring detention and corrections personnel, and 
        establishing and maintaining training programs for such 
        personnel to improve facility practices and programming.
    ``(c) Definition.--For purposes of this section, the term 
`restorative justice program' means a program that emphasizes the moral 
accountability of an offender toward the victim and the affected 
community, and may include community reparations boards, restitution 
(in the form of monetary payment or service to the victim or, where no 
victim can be identified, service to the affected community), and 
mediation between victim and offender.

``SEC. 1802. GRANT ELIGIBILITY.

    ``(a) State Eligibility.--To be eligible to receive a grant under 
this section, a State shall submit to the Attorney General an 
application at such time, in such form, and containing such assurances 
and information as the Attorney General may require by guidelines, 
including--
            ``(1) information about--
                    ``(A) the activities proposed to be carried out 
                with such grant; and
                    ``(B) the criteria by which the State proposes to 
                assess the effectiveness of such activities on 
                achieving the purposes of this part; and
            ``(2) assurances that the State and any unit of local 
        government to which the State provides funding under section 
        1803(b), has in effect (or shall have in effect, not later than 
        1 year after the date that the State submits such application) 
        laws, or has implemented (or shall implement, not later than 1 
        year after the date that the State submits such application) 
        policies and programs, that provide for a system of graduated 
        sanctions described in subsection (c).
    ``(b) Local Eligibility.--
            ``(1) Subgrant eligibility.--To be eligible to receive a 
        subgrant, a unit of local government, other than a specially 
        qualified unit, shall provide to the State--
                    ``(A) information about--
                            ``(i) the activities proposed to be carried 
                        out with such subgrant; and
                            ``(ii) the criteria by which the unit 
                        proposes to assess the effectiveness of such 
                        activities on achieving the purposes of this 
                        part; and
                    ``(B) such assurances as the State shall require, 
                that, to the maximum extent applicable, the unit of 
                local government has in effect (or shall have in 
                effect, not later than 1 year after the date that the 
                unit submits such application) laws, or has implemented 
                (or shall implement, not later than 1 year after the 
                date that the unit submits such application) policies 
                and programs, that provide for a system of graduated 
                sanctions described in subsection (c).
            ``(2) Special rule.--The requirements of paragraph (1) 
        shall apply to a specially qualified unit that receives funds 
        from the Attorney General under section 1803(e), except that 
        information that is otherwise required to be submitted to the 
        State shall be submitted to the Attorney General.
    ``(c) Graduated Sanctions.--A system of graduated sanctions, which 
may be discretionary as provided in subsection (d), shall ensure, at a 
minimum, that--
            ``(1) sanctions are imposed on a juvenile offender for each 
        delinquent offense;
            ``(2) sanctions escalate in intensity with each subsequent, 
        more serious delinquent offense;
            ``(3) there is sufficient flexibility to allow for 
        individualized sanctions and services suited to the individual 
        juvenile offender; and
            ``(4) appropriate consideration is given to public safety 
        and victims of crime.
    ``(d) Discretionary Use of Sanctions.--
            ``(1) Voluntary participation.--A State or unit of local 
        government may be eligible to receive a grant under this part 
        if--
                    ``(A) its system of graduated sanctions is 
                discretionary; and
                    ``(B) it demonstrates that it has promoted the use 
                of a system of graduated sanctions by taking steps to 
                encourage implementation of such a system by juvenile 
                courts.
            ``(2) Reporting requirement if graduated sanctions not 
        used.--
                    ``(A) Juvenile courts.--A State or unit of local 
                government in which the imposition of graduated 
                sanctions is discretionary shall require each juvenile 
                court within its jurisdiction--
                            ``(i) which has not implemented a system of 
                        graduated sanctions, to submit an annual report 
                        that explains why such court did not implement 
                        graduated sanctions; and
                            ``(ii) which has implemented a system of 
                        graduated sanctions but has not imposed 
                        graduated sanctions in all cases, to submit an 
                        annual report that explains why such court did 
                        not impose graduated sanctions in all cases.
                    ``(B) Units of local government.--Each unit of 
                local government, other than a specially qualified 
                unit, that has 1 or more juvenile courts that use a 
                discretionary system of graduated sanctions shall 
                collect the information reported under subparagraph (A) 
                for submission to the State each year.
                    ``(C) States.--Each State and specially qualified 
                unit that has 1 or more juvenile courts that use a 
                discretionary system of graduated sanctions shall 
                collect the information reported under subparagraph (A) 
                for submission to the Attorney General each year. A 
                State shall also collect and submit to the Attorney 
                General the information collected under subparagraph 
                (B).
    ``(e) Definitions.--For purposes of this section:
            ``(1) The term `discretionary' means that a system of 
        graduated sanctions is not required to be imposed by each and 
        every juvenile court in a State or unit of local government.
            ``(2) The term `sanctions' means tangible, proportional 
        consequences that hold the juvenile offender accountable for 
        the offense committed. A sanction may include counseling, 
        restitution, community service, a fine, supervised probation, 
        or confinement.

``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) State Allocation.--
            ``(1) In general.--In accordance with regulations 
        promulgated pursuant to this part and except as provided in 
        paragraph (3), the Attorney General shall allocate--
                    ``(A) 0.50 percent for each State; and
                    ``(B) of the total funds remaining after the 
                allocation under subparagraph (A), to each State, an 
                amount which bears the same ratio to the amount of 
                remaining funds described in this subparagraph as the 
                population of people under the age of 18 living in such 
                State for the most recent calendar year in which such 
                data is available bears to the population of people 
                under the age of 18 of all the States for such fiscal 
                year.
            ``(2) Prohibition.--No funds allocated to a State under 
        this subsection or received by a State for distribution under 
        subsection (b) may be distributed by the Attorney General or by 
        the State involved for any program other than a program 
        contained in an approved application.
    ``(b) Local Distribution.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State which receives funds under subsection (a)(1) in a 
        fiscal year shall distribute among units of local government, 
        for the purposes specified in section 1801, not less than 75 
        percent of such amounts received.
            ``(2) Waiver.--If a State submits to the Attorney General 
        an application for waiver that demonstrates and certifies to 
        the Attorney General that--
                    ``(A) the State's juvenile justice expenditures in 
                the fiscal year preceding the date in which an 
                application is submitted under this part (the `State 
                percentage') is more than 25 percent of the aggregate 
                amount of juvenile justice expenditures by the State 
                and its eligible units of local government; and
                    ``(B) the State has consulted with as many units of 
                local government in such State, or organizations 
                representing such units, as practicable regarding the 
                State's calculation of expenditures under subparagraph 
                (A), the State's application for waiver under this 
                paragraph, and the State's proposed uses of funds,
        the percentage referred to in paragraph (1) shall equal the 
        percentage determined by subtracting the State percentage from 
        100 percent.
            ``(3) Allocation.--In making the distribution under 
        paragraph (1), the State shall allocate to such units of local 
        government an amount which bears the same ratio to the 
        aggregate amount of such funds as--
                    ``(A) the sum of--
                            ``(i) the product of--
                                    ``(I) three-quarters; multiplied by
                                    ``(II) the average juvenile justice 
                                expenditure for such unit of local 
                                government for the 3 most recent 
                                calendar years for which such data is 
                                available; plus
                            ``(ii) the product of--
                                    ``(I) one-quarter; multiplied by
                                    ``(II) the average annual number of 
                                part 1 violent crimes in such unit of 
                                local government for the 3 most recent 
                                calendar years for which such data is 
                                available, bears to--
                    ``(B) the sum of the products determined under 
                subparagraph (A) for all such units of local government 
                in the State.
            ``(4) Expenditures.--The allocation any unit of local 
        government shall receive under paragraph (3) for a payment 
        period shall not exceed 100 percent of juvenile justice 
        expenditures of the unit for such payment period.
            ``(5) Reallocation.--The amount of any unit of local 
        government's allocation that is not available to such unit by 
        operation of paragraph (4) shall be available to other units of 
        local government that are not affected by such operation in 
        accordance with this subsection.
    ``(c) Unavailability of Data for Units of Local Government.--If the 
State has reason to believe that the reported rate of part 1 violent 
crimes or juvenile justice expenditures for a unit of local government 
is insufficient or inaccurate, the State shall--
            ``(1) investigate the methodology used by the unit to 
        determine the accuracy of the submitted data; and
            ``(2) if necessary, use the best available comparable data 
        regarding the number of violent crimes or juvenile justice 
        expenditures for the relevant years for the unit of local 
        government.
    ``(d) Local Government With Allocations Less Than $10,000.--If 
under this section a unit of local government is allocated less than 
$10,000 for a payment period, the amount allotted shall be expended by 
the State on services to units of local government whose allotment is 
less than such amount in a manner consistent with this part.
    ``(e) Direct Grants to Specially Qualified Units.--
            ``(1) In general.--If a State does not qualify or apply for 
        funds reserved for allocation under subsection (a) by the 
        application deadline established by the Attorney General, the 
        Attorney General shall reserve not more than 75 percent of the 
        allocation that the State would have received under subsection 
        (a) for such fiscal year to provide grants to specially 
        qualified units which meet the requirements for funding under 
        section 1802.
            ``(2) Award basis.--In addition to the qualification 
        requirements for direct grants for specially qualified units 
        the Attorney General may use the average amount allocated by 
        the States to units of local government as a basis for awarding 
        grants under this section.

``SEC. 1804. GUIDELINES.

    ``(a) In General.--The Attorney General shall issue guidelines 
establishing procedures under which a State or specially qualified unit 
of local government that receives funds under section 1803 is required 
to provide notice to the Attorney General regarding the proposed use of 
funds made available under this part.
    ``(b) Advisory Board.--The guidelines referred to in subsection (a) 
shall include a requirement that such eligible State or unit of local 
government establish and convene an advisory board to review the 
proposed uses of such funds. The board shall include representation 
from, if appropriate--
            ``(1) the State or local police department;
            ``(2) the local sheriff's department;
            ``(3) the State or local prosecutor's office;
            ``(4) the State or local juvenile court;
            ``(5) the State or local probation office;
            ``(6) the State or local educational agency;
            ``(7) a State or local social service agency;
            ``(8) a nonprofit, nongovernmental victim advocacy 
        organization; and
            ``(9) a nonprofit, religious, or community group.

``SEC. 1805. PAYMENT REQUIREMENTS.

    ``(a) Timing of Payments.--The Attorney General shall pay, to each 
State or specially qualified unit of local government that receives 
funds under section 1803 that has submitted an application under this 
part, the amount awarded to such State or unit not later than the later 
of the following two dates:
            ``(1) 180 days after the date that the amount is available.
            ``(2) The first day of the payment period if the State has 
        provided the Attorney General with the assurances required by 
        subsection (c).
    ``(b) Repayment of Unexpended Amounts.--
            ``(1) Repayment required.--From amounts awarded under this 
        part, a State or specially qualified unit shall repay to the 
        Attorney General, before the expiration of the 36-month period 
        beginning on the date of the award, any amount that is not 
        expended by such State or unit.
            ``(2) Extension.--The Attorney General may adopt policies 
        and procedures providing for a one-time extension, by not more 
        than 12 months, of the period referred to in paragraph (1).
            ``(3) Penalty for failure to repay.--If the amount required 
        to be repaid is not repaid, the Attorney General shall reduce 
        payment in future payment periods accordingly.
            ``(4) Deposit of amounts repaid.--Amounts received by the 
        Attorney General as repayments under this subsection shall be 
        deposited in a designated fund for future payments to States 
        and specially qualified units.
    ``(c) Administrative Costs.--A State or unit of local government 
that receives funds under this part may use not more than 5 percent of 
such funds to pay for administrative costs.
    ``(d) Nonsupplanting Requirement.--Funds made available under this 
part to States and units of local government shall not be used to 
supplant State or local funds as the case may be, but shall be used to 
increase the amount of funds that would, in the absence of funds made 
available under this part, be made available from State or local 
sources, as the case may be.
    ``(e) Matching Funds.--
            ``(1) In general.--The Federal share of a grant received 
        under this part may not exceed 90 percent of the total program 
        costs.
            ``(2) Construction of facilities.--Notwithstanding 
        paragraph (1), with respect to the cost of constructing 
        juvenile detention or correctional facilities, the Federal 
        share of a grant received under this part may not exceed 50 
        percent of approved cost.

``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

    ``Funds or a portion of funds allocated under this part may be used 
by a State or unit of local government that receives a grant under this 
part to contract with private, nonprofit entities, or community-based 
organizations to carry out the purposes specified under section 
1801(b).

``SEC. 1807. ADMINISTRATIVE PROVISIONS.

    ``(a) In General.--A State or specially qualified unit that 
receives funds under this part shall--
            ``(1) establish a trust fund in which the government will 
        deposit all payments received under this part;
            ``(2) use amounts in the trust fund (including interest) 
        during the period specified in section 1805(b)(1) and any 
        extension of that period under section 1805(b)(2);
            ``(3) designate an official of the State or specially 
        qualified unit to submit reports as the Attorney General 
        reasonably requires, in addition to the annual reports required 
        under this part; and
            ``(4) spend the funds only for the purpose of strengthening 
        the juvenile justice system.
    ``(b) Title I Provisions.--Except as otherwise provided, the 
administrative provisions of part H shall apply to this part and for 
purposes of this section any reference in such provisions to title I 
shall be deemed to include a reference to this part.

``SEC. 1808. ASSESSMENT REPORTS.

    ``(a) Reports to Attorney General.--
            ``(1) In general.--Except as provided in paragraph (4), for 
        each fiscal year for which a grant or subgrant is awarded under 
        this part, each State or specially qualified unit of local 
        government that receives such a grant shall submit to the 
        Attorney General a grant report, and each unit of local 
        government that receives such a subgrant shall submit to the 
        State a subgrant report, at such time and in such manner as the 
        Attorney General may reasonably require.
            ``(2) grant report.--Each grant report required by 
        paragraph (1) shall include--
                    ``(A) a summary of the activities carried out with 
                such grant;
                    ``(B) if such activities included any subgrant, a 
                summary of the activities carried out with each such 
                subgrant; and
                    ``(C) an assessment of the effectiveness of such 
                activities on achieving the purposes of this part.
            ``(3) subgrant report.--Each subgrant report required by 
        paragraph (1) shall include--
                    ``(A) a summary of the activities carried out with 
                such subgrant; and
                    ``(B) an assessment of the effectiveness of such 
                activities on achieving the purposes of this part.
            ``(4) Waivers.--The Attorney General may waive the 
        requirement of an assessment in paragraph (2)(C) for a State or 
        specially qualified unit of local government, or in paragraph 
        (3)(B) for a unit of local government, if the Attorney General 
        determines that--
                    ``(A) the nature of the activities are such that 
                assessing their effectiveness would not be practical or 
                insightful;
                    ``(B) the amount of the grant or subgrant is such 
                that carrying out the assessment would not be an 
                effective use of those amounts; or
                    ``(C) the resources available to the State or unit 
                are such that carrying out the assessment would pose a 
                financial hardship on the State or unit.
    ``(b) Reports to Congress.--Not later than 90 days after the last 
day of each fiscal year for which 1 or more grants are awarded under 
this part, the Attorney General shall submit to the Congress a report, 
which shall include--
            ``(1) a summary of the information provided under 
        subsection (a);
            ``(2) an assessment by the Attorney General of the grant 
        program carried out under this part; and
            ``(3) such other information as the Attorney General 
        considers appropriate.

``SEC. 1809. TRIBAL GRANT PROGRAM.

    ``(a) In General.--From the amount made available under section 
1811(b), the Attorney General shall make grants to Indian tribes, or 
consortia of such tribes, for programs to strengthen tribal juvenile 
justice systems and to hold tribal youth accountable.
    ``(b) Eligibility.--To be eligible to receive grant amounts under 
this section, an Indian tribe or consortia of such tribes--
            ``(1) must carry out tribal juvenile justice functions; and
            ``(2) shall submit to the Attorney General an application 
        at such time, in such form, and containing such assurances and 
        information as the Attorney General may require by guidelines.
    ``(c) Competitive Awards.--The Attorney General shall award grants 
under this section on a competitive basis.
    ``(d) Guidelines.--In issuing guidelines to carry out this section, 
the Attorney General shall ensure that the application for, award of, 
and use of grant amounts under this section are consistent with the 
purposes and requirements of this part.
    ``(e) Definition.--For purposes of this section, the term `Indian 
tribe' has the meaning given such term in section 102 of the Federally 
Recognized Indian Tribe List Act of 1994 (42 U.S.C. 479a).

``SEC. 1810. DEFINITIONS.

    ``For purposes of this part:
            ``(1) The term `unit of local government' means--
                    ``(A) a county, township, city, or political 
                subdivision of a county, township, or city, that is a 
                unit of local government as determined by the Secretary 
                of Commerce for general statistical purposes;
                    ``(B) any law enforcement district or judicial 
                enforcement district that--
                            ``(i) is established under applicable State 
                        law; and
                            ``(ii) has the authority, in a manner 
                        independent of other State entities, to 
                        establish a budget and raise revenues; and
                    ``(C) the District of Columbia and the recognized 
                governing body of an Indian tribe or Alaskan Native 
                village that carries out substantial governmental 
                duties and powers.
            ``(2) The term `specially qualified unit' means a unit of 
        local government which may receive funds under this part only 
        in accordance with section 1803(e).
            ``(3) The term `State' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands, except that--
                    ``(A) the Virgin Islands, American Samoa, Guam, and 
                the Northern Mariana Islands (the `partial States') 
                shall collectively be considered as 1 State; and
                    ``(B) for purposes of section 1803(a), the amount 
                allocated to a partial State shall bear the same 
                proportion to the amount collectively allocated to the 
                partial States as the population of the partial State 
                bears to the collective population of the partial 
                States.
            ``(4) The term `juvenile' means an individual who is 17 
        years of age or younger.
            ``(5) The term `juvenile justice expenditures' means 
        expenditures in connection with the juvenile justice system, 
        including expenditures in connection with such system to carry 
        out--
                    ``(A) activities specified in section 1801(b); and
                    ``(B) other activities associated with 
                prosecutorial and judicial services and corrections as 
                reported to the Bureau of the Census for the fiscal 
                year preceding the fiscal year for which a 
                determination is made under this part.
            ``(6) The term `part 1 violent crimes' means murder and 
        nonnegligent manslaughter, forcible rape, robbery, and 
        aggravated assault as reported to the Federal Bureau of 
        Investigation for purposes of the Uniform Crime Reports.

``SEC. 1811. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this part--
            ``(1) $500,000,000 for fiscal year 2002;
            ``(2) $500,000,000 for fiscal year 2003; and
            ``(3) $500,000,000 for fiscal year 2004.
    ``(b) Tribal Set-Aside.--Of the amount appropriated pursuant to 
subsection (a), 2 percent shall be made available for grants under 
section 1809.
    ``(c) Oversight Accountability and Administration.--Of the amount 
authorized to be appropriated under subsection (a), there shall be 
available to the Attorney General, for each of the fiscal years 2002 
through 2004 (as applicable), to remain available until expended--
            ``(1) not more than 2 percent of that amount, for research, 
        evaluation, and demonstration consistent with this part;
            ``(2) not more than 2 percent of that amount, for training 
        and technical assistance; and
            ``(3) not more than 1 percent, for administrative costs to 
        carry out the purposes of this part.
The Attorney General shall establish and execute an oversight plan for 
monitoring the activities of grant recipients.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 shall take effect on the first day 
of the first fiscal year that begins after the date of the enactment of 
this Act.

SEC. 4. TRANSITION OF JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANTS 
              PROGRAM.

    For each grant made from amounts made available for the Juvenile 
Accountability Incentive Block Grants program (as described under the 
heading ``VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW 
ENFORCEMENT ASSISTANCE'' in the Department of Justice Appropriations 
Act, 2000 (as enacted by Public Law 106-113; 113 Stat. 1537-14)), the 
grant award shall remain available to the grant recipient for not more 
than 36 months after the date of reciept of the grant.

            Passed the House of Representatives October 16, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```