II

104TH CONGRESS

2D SESSION S. 2062

To amend the Juvenile Justice and Delinquency Prevention Act of 1974,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 10, 1996

Mr. DOMENICI introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To amend the Juvenile Justice and Delinquency Prevention

Act of 1974, and for other purposes.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Juvenile Justice Modernization Act of 1996’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I—REFORM OF EXISTING PROGRAMS

Sec. 101. Findings and purpose.

Sec. 102. Definitions.
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Sec. 103. Youth violence reduction.

Sec. 104. Annual report.

Sec. 105. Block grants for State and local programs.

Sec. 106. Allocation.

Sec. 107. State plans.

Sec. 108. Repeals.

TITLE II—INCENTIVE GRANTS FOR ACCOUNTABILITY-BASED

REFORMS

Sec. 201. Incentive grants for accountability-based reforms.

TITLE III—GENERAL PROVISIONS

Sec. 301. Authorization of appropriations.

Sec. 302. Technical and conforming amendments.

Sec. 303. Effective date; applicability of amendments.

1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) the Nation’s juvenile justice system is in

4 trouble—facilities are dangerously overcrowded, field

5 staff is overworked, and a growing number of chil6 dren are breaking the law;

7 (2) a redesigned juvenile corrections program

8 for the next century should be based on 4 prin9 ciples—accountability for offenders and their fami10 lies, restitution for victims, community-based preven11 tion, and community involvement;

12 (3) existing programs have not adequately re13 sponded to the particular problems of juvenile

14 delinquents in the 1990’s;

15 (4) State and local communities, which experi16 ence directly the devastating failure of the juvenile

17 justice system, do not presently have sufficient re-
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1 sources to deal comprehensively with the problems of

2 juvenile crime and delinquency;

3 (5) limited State and local resources are being

4 unnecessarily wasted complying with overly technical

5 Federal requirements for ‘‘sight and sound’’ separa6 tion currently in effect under the 1974 Act. Prohib7 iting the commingling of adults and juvenile popu8 lations would achieve this important purpose without

9 imposing an undue burden on State and local gov10 ernments;

11 (6) limited State and local resources are being

12 unnecessarily wasted complying with the overly re13 strictive Federal mandate that no juveniles be de14 tained or confined in any jail or lockup for adults.

15 This mandate is particularly burdensome for rural

16 communities;

17 (7) the juvenile justice system should give addi18 tional attention to the problem of juveniles who com19 mit serious crimes, with particular attention given to

20 the area of sentencing;

21 (8) the term ‘‘prevention’’ in the context of this

22 Act means both ensuring that families have a great23 er chance to raise their children so that those chil24 dren do not engage in criminal or delinquent activi25 ties, and preventing children who have engaged in
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1 those activities from becoming permanently en2 trenched in the juvenile justice system;

3 (9) in 1992 alone, there were over 110,000 ju4 venile arrests for violent crimes, and 16.64 times

5 that number of juvenile arrests for property and

6 other crimes;

7 (10) in 1994, males ages 14 through 24 con8 stituted only 8 percent of the population but ac9 counted for more than 25 percent of all homicide

10 victims and nearly half of all convicted murderers;

11 (11) in a survey of 250 judges, 93 percent of

12 those judges stated that juvenile offenders should be

13 fingerprinted, 85 percent stated that juvenile crimi14 nal records should be made available to adult au15 thorities, and 40 percent stated that the minimum

16 age for facing murder charges should be 14 or 15;

17 (12) studies indicate that good parenting skills,

18 including normative development, monitoring, and

19 discipline, clearly affects whether children will be20 come delinquent, and adequate supervision of free21 time activities, whereabouts, and peer interaction is

22 critical to ensure that children do not drift into de23 linquency;

24 (13) 20 years ago, less than half of our Na25 tion’s cities reported gang activity, while a genera-
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1 tion later, reasonable estimates indicate that there

2 are now more than 500,000 gang members in more

3 than 16,000 gangs on the streets of our cities, and

4 there were more than 580,000 gang crimes in 1993;

5 (14) while the premise of adult corrections is

6 that incarceration prevents the offender from com7 mitting additional crimes and punishes the offender

8 by depriving the offender of freedom, the premise of

9 juvenile corrections and this Act is that, unlike

10 adults, children have a significant potential to

11 change and become productive, law-abiding members

12 of society if the juvenile justice system is premised

13 upon accountability, consistent imposition of sanc14 tions and graduated sanctions imposed so that every

15 wrongful Act has a penalty;

16 (15) the high incidence of delinquency in the

17 United States today results in an enormous annual

18 cost and an immeasurable loss of human life, per19 sonal security, and wasted human resources; and

20 (16) juvenile delinquency constitutes a growing

21 threat to the national welfare, requiring immediate

22 and comprehensive action by the Federal Govern23 ment to reduce and eliminate this threat.
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1 TITLE I—REFORM OF EXISTING

2 PROGRAMS

3 SEC. 101. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—Section 101 of the Juvenile Justice

5 and Delinquency Prevention Act of 1974 (42 U.S.C. 5601)

6 is amended—

7 (1) by striking subsection (a); and

8 (2) in subsection (b)—

9 (A) by striking ‘‘(b)’’; and

10 (B) by striking ‘‘Federal Government’’ and

11 inserting ‘‘Federal, State, and local govern12 ments’’.

13 (b) PURPOSE.—Section 102 of the Juvenile Justice

14 and Delinquency Prevention Act of 1974 (42 U.S.C. 5602)

15 is amended to read as follows:

16 ‘‘SEC. 102. PURPOSES.

17 ‘‘The purposes of this title and title II are—

18 ‘‘(1) to assist State and local governments in

19 promoting public safety by supporting juvenile delin20 quency prevention and control activities;

21 ‘‘(2) to encourage and promote programs de22 signed to keep in school juvenile delinquents expelled

23 or suspended for disciplinary reasons;

24 ‘‘(3) to assist State and local governments in

25 promoting public safety by encouraging accountabil-
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1 ity through the imposition of meaningful sanctions

2 for acts of juvenile delinquency;

3 ‘‘(4) to assist State and local governments in

4 promoting public safety by improving the extent, ac5 curacy, availability and usefulness of juvenile court

6 and law enforcement records and the openness of

7 the juvenile justice system;

8 ‘‘(5) to assist State and local governments in

9 promoting public safety by encouraging the identi10 fication of violent and hardcore juveniles and trans11 ferring such juveniles out of the jurisdiction of the

12 juvenile justice system and into the jurisdiction of

13 adult criminal court;

14 ‘‘(6) to assist State and local governments in

15 promoting public safety by providing resources to

16 States to build or expand juvenile detention facili17 ties;

18 ‘‘(7) to provide for the evaluation of federally

19 assisted juvenile crime control programs, and train20 ing necessary for the establishment and operation of

21 such programs;

22 ‘‘(8) to ensure the dissemination of information

23 regarding juvenile crime control programs by provid24 ing a national clearinghouse; and
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1 ‘‘(9) to provide technical assistance to public

2 and private nonprofit juvenile justice and delin3 quency prevention programs.’’.

4 SEC. 102. DEFINITIONS.

5 Section 103 of the Juvenile Justice and Delinquency

6 Prevention Act of 1974 (42 U.S.C. 5603) is amended—

7 (1) in paragraph (3), by inserting ‘‘punish8 ment,’’ after ‘‘control,’’;

9 (2) in paragraph (22)(iii), by striking ‘‘and’’ at

10 the end;

11 (3) in paragraph (23), by striking the period at

12 the end and inserting a semicolon; and

13 (4) by adding at the end the following new

14 paragraphs:

15 ‘‘(24) the term ‘serious violent crime’ means—

16 ‘‘(A) murder or nonnegligent man17 slaughter, or robbery; or

18 ‘‘(B) aggravated assault committed with

19 the use of a firearm, kidnaping, felony aggra20 vated battery, assault with intent to commit a

21 serious violent crime, and vehicular homicide

22 committed while under the influence of an in23 toxicating liquor or controlled substance; and
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1 ‘‘(25) the term ‘serious habitual offender’

2 means a juvenile who meets one or more of the fol3 lowing criteria:

4 ‘‘(A) Arrest for a capital, life, or first de5 gree aggravated sexual offense.

6 ‘‘(B) Not less than 5 arrests, with 3 ar7 rests chargeable as felonies and at least 3 ar8 rests occurring within the preceding 12 months.

9 ‘‘(C) Not less than 10 arrests, with 2 ar10 rests chargeable as felonies and at least 3 ar11 rests occurring within the preceding 12 months.

12 ‘‘(D) Not less than 10 arrests, with 8 or

13 more arrests for misdemeanor crimes involving

14 theft, assault, battery, narcotics possession or

15 distribution, or possession of weapons, and at

16 least 3 arrests occurring within the preceding

17 12 months.’’.

18 SEC. 103. YOUTH VIOLENCE REDUCTION.

19 (a) OFFICE OF YOUTH VIOLENCE REDUCTION.—Sec20 tion 201 of the Juvenile Justice and Delinquency Preven21 tion Act of 1974 (42 U.S.C. 5611) is amended—

22 (1) by striking ‘‘Office of Juvenile Justice and

23 Delinquency Prevention’’ and inserting ‘‘Office of

24 Youth Violence Reduction’’; and
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1 (2) by striking subsections (b) and (c) and in2 serting the following:

3 ‘‘(b) ADMINISTRATOR.—The Office shall be headed

4 by an Administrator (hereafter in this title referred to as

5 the ‘Administrator’) who—

6 ‘‘(1) shall—

7 ‘‘(A) be a career appointee (as that term

8 is defined in section 3132(a)(4) of title 5, Unit9 ed States Code) serving at the pleasure of the

10 Attorney General and having experience in juve11 nile justice programs; and

12 ‘‘(B) report to the head of the Office of

13 Justice Programs; and

14 ‘‘(2) may prescribe regulations consistent with

15 this Act to award, administer, modify, extend, termi16 nate, monitor, evaluate, reject, or deny all grants

17 and contracts from, and applications for, funds

18 made available under this title.’’.

19 (b) CONCENTRATION OF FEDERAL EFFORTS.—Sec20 tion 204 of the Juvenile Justice and Delinquency Preven21 tion Act of 1974 (42 U.S.C. 5614) is amended—

22 (1) in subsection (a)(1)—

23 (A) in the first sentence, by inserting be24 fore ‘‘diversion’’ the following: ‘‘punishment’’;
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1 (B) in the first sentence, by inserting be2 fore the period the following: ‘‘, and shall sub3 mit such plan to the Congress’’; and

4 (C) by striking the second sentence;

5 (2) in subsection (b)—

6 (A) in paragraph (1), by adding ‘‘and’’ at

7 the end; and

8 (B) by striking paragraphs (2) through (7)

9 and inserting the following:

10 ‘‘(2) reduce duplication among Federal juvenile

11 delinquency programs and activities conducted by

12 Federal departments and agencies.’’;

13 (3) by redesignating subsection (h) as sub14 section (f); and

15 (4) by striking subsection (i).

16 (c) COORDINATING COUNCIL ON YOUTH VIOLENCE

17 REDUCTION.—Section 206 of the Juvenile Justice and

18 Delinquency Prevention Act of 1974 (42 U.S.C. 5616) is

19 amended—

20 (1) in the section heading, by striking ‘‘JUVE21 NILE JUSTICE AND DELINQUENCY PREVENTION’’

22 and inserting ‘‘YOUTH VIOLENCE REDUCTION’’; and

23 (2) by striking ‘‘Justice and Delinquency Pre24 vention’’ each place that term appears and inserting

25 ‘‘Youth Violence Reduction’’.
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1 SEC. 104. ANNUAL REPORT.

2 Not later than 180 days after the end of a fiscal year,

3 the Administrator shall submit to the President, the

4 Speaker of the House of Representatives, the President

5 pro tempore of the Senate, and the Governor of each State

6 a report that contains the following with respect to such

7 fiscal year:

8 (1) SUMMARY AND ANALYSIS.—A detailed sum9 mary and analysis of the most recent data available

10 regarding the number of juveniles taken into cus11 tody, the rate at which juveniles are taken into cus12 tody, the number of repeat offenders, the number of

13 juveniles using weapons, the number of juvenile and

14 adults victims and the trends demonstrated by the

15 data required by subparagraphs (A), (B), and (C).

16 Such summary and analysis shall set out the infor17 mation required by subparagraphs (A), (B), (C), and

18 (D) separately for juvenile nonoffenders, juvenile

19 status offenders, and other juvenile offenders. Such

20 summary and analysis shall separately address with

21 respect to each category of juveniles specified in the

22 preceding sentence—

23 (A) the types of offenses with which the ju24 veniles are charged, data on serious violent

25 crimes committed by juveniles and data on seri26 ous habitual offenders;
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1 (B) the race and gender of the juveniles

2 and their victims;

3 (C) the ages of the juveniles and their vic4 tims;

5 (D) the types of facilities used to hold the

6 juveniles (including juveniles treated as adults

7 for purposes of prosecution) in custody, includ8 ing secure detention facilities, secure correc9 tional facilities, jails, and lockups;

10 (E) the number of juveniles who died while

11 in custody and the circumstances under which

12 they died;

13 (F) the educational status of juveniles, in14 cluding information relating to learning disabil15 ities, failing performance, grade retention, and

16 dropping out of school;

17 (G) the number of juveniles who are sub18 stance abusers; and

19 (H) information on juveniles fathering or

20 giving birth to illegitimate children and whether

21 these juveniles have assumed financial respon22 sibility for their children.

23 (2) ACTIVITIES FUNDED.—A description of the

24 activities for which funds are expended under this

25 part.
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1 (3) STATE COMPLIANCE.—A description based

2 on the most recent data available of the extent to

3 which each State complies with section 223 and with

4 the plan submitted under such section by the State

5 for such fiscal year.

6 (4) SUMMARY AND EXPLANATION.—A summary

7 of each program or activity for which assistance is

8 provided under part C or D, an evaluation of the re9 sults of such program or activity, and a determina10 tion of the feasibility and advisability of replacing

11 such program or activity in other locations.

12 (5) EXEMPLARY PROGRAMS AND PRACTICES.—

13 A description of selected exemplary delinquency pre14 vention programs and accountability based youth vi15 olence reduction practices.

16 SEC. 105. BLOCK GRANTS FOR STATE AND LOCAL PRO17 GRAMS.

18 Section 221 of the Juvenile Justice and Delinquency

19 Prevention Act of 1974 (42 U.S.C. 5631) is amended—

20 (1) in subsection (a), by inserting before the pe21 riod at the end the following: ‘‘, including initiatives

22 for holding juveniles accountable for any act for

23 which they are adjudicated delinquent, increasing

24 public awareness of juvenile proceedings, and im25 proving the content, accuracy, availability, and use-
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1 fulness of juvenile court and law enforcement

2 records (including fingerprints and photographs)

3 and education programs such as funding for ex4 tended hours for libraries and recreational programs

5 which benefit all juveniles’’;

6 (2) in subsection (b)—

7 (A) by striking paragraph (1) and insert8 ing the following:

9 ‘‘(1) Of amounts made available to carry out this part

10 in any fiscal year, $10,000,000 or 1 percent (whichever

11 is greater) may be used by the Administrator—

12 ‘‘(A) to establish and maintain a clearinghouse

13 to disseminate to the States information on juvenile

14 delinquency prevention, treatment, and control; and

15 ‘‘(B) to provide training and technical assist16 ance to States to improve the administration of the

17 juvenile justice system.’’; and

18 (B) in paragraph (2), by striking the last

19 sentence.

20 SEC. 106. ALLOCATION.

21 Section 222 of the Juvenile Justice and Delinquency

22 Prevention Act of 1974 (42 U.S.C. 5632) is amended to

23 read as follows:

24 ‘‘SEC. 222. ALLOCATION OF FUNDS.

25 ‘‘(a) ALLOCATION AND DISTRIBUTION OF FUNDS.—
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1 ‘‘(1) IN GENERAL.—Of the total amount made

2 available to carry out this part for each fiscal year,

3 the Administrator shall allocate to each State the

4 sum of—

5 ‘‘(A) an amount that bears the same rela6 tion to one-third of such total as the number of

7 juveniles in the State bears to the number of

8 juveniles in all States;

9 ‘‘(B) an amount that bears the same rela10 tion to one-third of such total as the number of

11 juveniles from families with incomes below the

12 poverty line in the State bears to the number

13 of such juveniles in all States; and

14 ‘‘(C) an amount that bears the same rela15 tion to one-third of such total as the average

16 annual number of part 1 violent crimes re17 ported by the State to the Federal Bureau of

18 Investigation for the 3 most recent calendar

19 years for which such data are available, bears

20 to the number of part 1 violent crimes reported

21 by all States to the Federal Bureau of Inves22 tigation for such years.

23 ‘‘(2) MINIMUM REQUIREMENT.—Each State

24 shall receive not less than 0.35 percent of one-third
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1 of the total amount appropriated to carry out this

2 part for each fiscal year.

3 ‘‘(3) UNAVAILABILITY OF INFORMATION.—For

4 purposes of this subsection, if data regarding the

5 measures governing allocation of funds under para6 graphs (1) and (2) in any State are unavailable or

7 substantially inaccurate, the Administrator and the

8 State shall utilize the best available comparable data

9 for the purposes of allocation of any funds under

10 this part.

11 ‘‘(b) AVAILABILITY.—Any amounts made available to

12 carry out this section shall remain available until ex13 pended.’’.

14 SEC. 107. STATE PLANS.

15 Section 223 of the Juvenile Justice and Delinquency

16 Prevention Act of 1974 (42 U.S.C. 5633) is amended—

17 (1) in subsection (a)—

18 (A) by striking the second sentence;

19 (B) in paragraph (5) by striking ‘‘, other

20 than’’ and all that follows through ‘‘section

21 222(d),’’; and

22 (C) by striking paragraph (14) and insert23 ing the following:

24 ‘‘(14) provide assurances that, in each secure

25 facility located in the State (including any jail or
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1 lockup for adults), there is no commingling in the

2 same cell or community room of, or any other regu3 lar contact between—

4 ‘‘(A) any juvenile detained or confined for

5 any period of time in that facility; and

6 ‘‘(B) any adult offender detained or con7 fined for any period of time in that facility.’’;

8 (D) by striking paragraphs (3), (8), (9),

9 (10), (12), (13), (15), (17), (18), (19), (24),

10 and (25); and

11 (E) by redesignating paragraphs (4), (5),

12 (6), (7), (11), (14), (16), (20), (21), (22), and

13 (23) as paragraphs (3), (4), (5), (6), (7), (8),

14 (9), (10), (11), (12), and (13), respectively; and

15 (2) by striking subsections (c) and (d).

16 SEC. 108. REPEALS.

17 The Juvenile Justice and Delinquency Prevention Act

18 of 1974 (42 U.S.C. 5601 et seq.) is amended—

19 (1) in title II—

20 (A) by striking parts C, E, F, G, and H;

21 (B) by striking part I, as added by Public

22 Law 102–586; and

23 (C) by amending the heading of part I, as

24 in effect immediately before the date of enact-
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1 ment of Public Law 102–586, to read as fol2 lows:

3 ‘‘PART E—GENERAL AND ADMINISTRATIVE

4 PROVISIONS’’; and

5 (2) by striking title V, as added by Public Law

6 102–586.

7 TITLE II—INCENTIVE GRANTS

8 FOR ACCOUNTABILITY-BASED

9 REFORMS

10 SEC. 201. INCENTIVE GRANTS FOR ACCOUNTABILITY11 BASED REFORMS.

12 Title II of the Juvenile Justice and Delinquency Pre13 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

14 by inserting after part B the following:

15 ‘‘PART C—INCENTIVE GRANTS FOR ACCOUNTABILITY16 BASED REFORMS

17 ‘‘SEC. 241. AUTHORIZATION OF GRANTS.

18 ‘‘The Administrator shall provide juvenile delinquent

19 accountability grants under section 242 to eligible States

20 to carry out the purposes of this title.

21 ‘‘SEC. 242. ACCOUNTABILITY-BASED INCENTIVE GRANTS.

22 ‘‘(a) ELIGIBILITY FOR GRANT.—To be eligible to re23 ceive a grant under section 241, a State shall submit to

24 the Administrator an application at such time, in such

25 form, and containing such assurances and information as
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1 the Administrator may require by rule, including assur2 ances that the State has in effect (or will have in effect

3 not later than 1 year after the date on which the State

4 submits such application) laws, or has implemented (or

5 will implement not later than 1 year after the date on

6 which the State submits such application)—

7 ‘‘(1) policies and programs that ensure that ju8 veniles who commit an act after attaining 14 years

9 of age that would be a serious violent crime if com10 mitted by an adult are treated as adults for pur11 poses of prosecution;

12 ‘‘(2) graduated sanctions for juvenile offenders,

13 ensuring a sanction for every delinquent or criminal

14 act, ensuring that the sanction is of increasing se15 verity based on the nature of the act, and escalating

16 the sanction with each subsequent delinquent or

17 criminal act; and

18 ‘‘(3) a system of records relating to any adju19 dication of juveniles less than 15 years of age who

20 are adjudicated delinquent for conduct that if com21 mitted by an adult would constitute a serious violent

22 crime. Such records shall be—

23 ‘‘(A) equivalent to the records that would

24 be kept of adults arrested for such conduct, in25 cluding fingerprints and photographs;
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1 ‘‘(B) submitted to the Federal Bureau of

2 Investigation in the same manner as adult

3 records are so submitted;

4 ‘‘(C) retained for a period of time that is

5 equal to the period of time records are retained

6 for adults; and

7 ‘‘(D) available to law enforcement agen8 cies, the courts, and school officials (and such

9 school officials shall be subject to the same

10 standards and penalties that law enforcement

11 and juvenile justice system employees are sub12 ject to under Federal and State law, for han13 dling and disclosing such information).

14 ‘‘(b) ADDITIONAL AMOUNT BASED ON ACCOUNT15 ABILITY-BASED YOUTH VIOLENCE REDUCTION PRAC16 TICES.—A State that receives a grant under subsection

17 (a) is eligible to receive an additional amount of funds

18 added to such grant if such State demonstrates that the

19 State has in effect, or will have in effect, not later than

20 1 year after the deadline established by the Administrator

21 for the submitting of applications under subsection (a) for

22 the fiscal year at issue, not less than 5 of the following

23 practices:

24 ‘‘(1) VICTIMS’ RIGHTS.—Increased victims’

25 rights, including the right to a final conclusion free
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1 from unreasonable delay, and the right to be notified

2 of any release or escape of an offender who commit3 ted a crime against a particular victim.

4 ‘‘(2) VICTIM RESTITUTION.—Mandatory victim

5 restitution.

6 ‘‘(3) ACCESS TO PROCEEDINGS.—Public access

7 to juvenile court proceedings.

8 ‘‘(4) PARENTAL RESPONSIBILITY.—Juvenile

9 curfews and parental civil liability for serious acts

10 committed by juveniles released to the custody of

11 their parents by the court.

12 ‘‘(5) ZERO TOLERANCE FOR DEADBEAT JUVE13 NILE PARENTS.—Require as condition of parole

14 that—

15 ‘‘(A) juvenile offenders who are parents

16 demonstrate parental responsibility by working

17 and paying child support; and

18 ‘‘(B) juveniles attend and successfully com19 plete school or pursue vocational training.

20 ‘‘(6) SERIOUS HABITUAL OFFENDERS COM21 PREHENSIVE ACTION PROGRAM (SHOCAP).—A multi22 disciplinary, interagency management, information

23 and monitoring system for the early identification,

24 control, supervision, and treatment of the most seri25 ous juvenile offenders.
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1 ‘‘(7) COMMUNITY-WIDE PARTNERSHIPS.—Com2 munity-wide partnerships involving county, munici3 pal government, school districts, appropriate State

4 agencies, and nonprofit organizations to administer

5 a unified approach to juvenile delinquency.

6 ‘‘(8) ZERO TOLERANCE FOR TRUANCY.—School

7 districts should implement programs to curb truancy

8 and implement certain and swift punishments for

9 truancy, including parental notification of every ab10 sence, mandatory Saturday school makeup sessions

11 for truants or weekends in jail for truants and de12 nial of participation or attendance at extracurricular

13 activities by truants.

14 ‘‘(9) ALTERNATIVE SCHOOLING.—A require15 ment that, as a condition of receiving any State

16 funding provided to school districts in accordance

17 with a formula allocation based on the number of

18 children enrolled in school in the school district, each

19 school district shall establish one or more alternative

20 schools or classrooms for juvenile offenders or juve21 niles who are expelled or suspended for disciplinary

22 reasons and shall require that such juveniles attend

23 the alternative schools or classrooms. Any juvenile

24 who refuses to attend such alternative school or

25 classroom shall be immediately detained pending a
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1 hearing. If a student is transferred from a regular

2 school to an alternative school for juvenile offenders

3 or juveniles who are expelled or suspended for dis4 ciplinary reasons such State funding shall also be

5 transferred to the alternative school.

6 ‘‘(10) JUDICIAL JURISDICTION.—A system

7 under which municipal and magistrate courts have—

8 ‘‘(A) jurisdiction over minor delinquency

9 offenses such as truancy, curfew violations, and

10 vandalism; and

11 ‘‘(B) short term detention authority for

12 habitual minor delinquent behavior.

13 ‘‘(11) ELIMINATION OF CERTAIN INEFFECTIVE

14 PENALTIES.—Eliminate ‘counsel and release’ or

15 ‘refer and release’ as a penalty for juveniles with re16 spect to the second or subsequent offense for which

17 the juvenile is referred to a juvenile probation offi18 cer.

19 ‘‘(12) REPORT BACK ORDERS.—A system of ‘re20 port back’ orders whenever juveniles are placed on

21 probation, so that after a period of time (not to ex22 ceed 2 months) the juvenile appears before and ad23 vises the judge of the progress of the juvenile in

24 meeting certain goals.
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1 ‘‘(13) PENALTIES FOR USE OF FIREARM.—

2 Mandatory penalties for the use of a firearm during

3 a violent crime or a drug felony.

4 ‘‘(14) STREET GANGS.—Make it illegal to en5 gage in criminal conduct as a member of a street

6 gang and impose severe penalties for terrorism by

7 criminal street gangs.

8 ‘‘(15) CHARACTER COUNTS.—Character edu9 cation and training for juvenile offenders.

10 ‘‘(16) MENTORING.—Mentoring programs for

11 at-risk youth.

12 ‘‘(17) DRUG COURTS AND COMMUNITY-ORI13 ENTED POLICING STRATEGIES.—Courts for juveniles

14 charged with drug offenses and community-oriented

15 policing strategies.

16 ‘‘SEC. 243. FORMULAS FOR GRANTS.

17 ‘‘The amount made available for any fiscal year for

18 grants under section 241 shall be allocated among the

19 States proportionately on the basis of the number of resi20 dents of such States who are less than 18 years of age,

21 in accordance with the following:

22 ‘‘(1) 50 percent shall be allocated among the

23 States that meet the requirements of section 242(a).
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1 ‘‘(2) 50 percent shall be allocated among the

2 States that meet the requirements of subsections (a)

3 and (b) of section 242.

4 ‘‘SEC. 244. ACCOUNTABILITY.

5 ‘‘A State that receives a grant under section 241 shall

6 use accounting, audit, and fiscal procedures that conform

7 to guidelines prescribed by the Administrator, and shall

8 ensure that any funds used to carry out section 241 shall

9 represent the best value for the State at the lowest pos10 sible cost and employ the best available technology.

11 ‘‘SEC. 245. LIMITATION ON USE OF FUNDS.

12 ‘‘(a) NONSUPPLANTING REQUIREMENT.—Funds

13 made available under section 241 shall not be used to sup14 plant State funds, but shall be used to increase the

15 amount of funds that would, in the absence of Federal

16 funds, be made available from State sources.

17 ‘‘(b) ADMINISTRATIVE AND RELATED COSTS.—Not

18 more than 2 percent of the funds appropriated under sec19 tion 291(c) for a fiscal year shall be available to the Ad20 ministrator for such fiscal year for purposes of—

21 ‘‘(1) research and evaluation, including assess22 ment of the effect on public safety and other effects

23 of the expansion of correctional capacity and sen24 tencing reforms implemented pursuant to this part;

25 and
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1 ‘‘(2) technical assistance relating to the use of

2 grants made under section 241, and development

3 and implementation of policies, programs, and prac4 tices described in section 242.

5 ‘‘(c) CARRYOVER OF APPROPRIATIONS.—Funds ap6 propriated under section 291(c) shall remain available

7 until expended.

8 ‘‘(d) MATCHING FUNDS.—The Federal share of a

9 grant received under this part may not exceed 90 percent

10 of the costs of a proposal as described in an application

11 approved under this part.’’.

12 TITLE III—GENERAL

13 PROVISIONS

14 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

15 Section 299 of the Juvenile Justice and Delinquency

16 Prevention Act of 1974 (42 U.S.C. 5671) is amended to

17 read as follows:

18 ‘‘SEC. 291. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘(a) OFFICE OF YOUTH VIOLENCE REDUCTION.—

20 There are authorized to be appropriated for each of fiscal

21 years 1997, 1998, 1999, 2000, and 2001 such sums as

22 may be necessary to carry out part A.

23 ‘‘(b) BLOCK GRANTS FOR STATE AND LOCAL PRO24 GRAMS.—There is authorized to be appropriated to carry
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1 out part B $250,000,000 for each of fiscal years 1997,

2 1998, 1999, 2000, and 2001.

3 ‘‘(c) INCENTIVE GRANTS FOR ACCOUNTABILITY4 BASED REFORMS.—There is authorized to be appro5 priated to carry out part C $250,000,000 for each of fiscal

6 years 1997, 1998, 1999, 2000, and 2001.

7 ‘‘(d) SOURCE OF APPROPRIATIONS.—Funds author8 ized by this section to be appropriated may be appro9 priated from the Violent Crime Reduction Trust Fund.’’.

10 SEC. 302. TECHNICAL AND CONFORMING AMENDMENTS.

11 (a) JUVENILE JUSTICE AND DELINQUENCY PREVEN12 TION ACT OF 1974.—The Juvenile Justice and Delin13 quency Prevention Act of 1974 (42 U.S.C. et seq.) is

14 amended—

15 (1) in part A, by striking the part designation

16 and the part heading and inserting the following:

17 ‘‘OFFICE OF YOUTH VIOLENCE REDUCTION’’;

18 (2) in section 217(a), by striking ‘‘Office of Ju19 venile Justice and Delinquency Prevention’’ and in20 serting ‘‘Office of Youth Violence Reduction’’;

21 (3) in part B, in the part heading, by striking

22 ‘‘FEDERAL ASSISTANCE’’ and inserting ‘‘BLOCK

23 GRANTS’’;
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1 (4) in section 222, by striking ‘‘Office of Juve2 nile Justice and Delinquency Prevention’’ and in3 serting ‘‘Office of Youth Violence Reduction’’;

4 (5) in section 299A, by striking ‘‘this Act’’ each

5 place that term appears and inserting ‘‘this title’’;

6 (6) by striking section 299C;

7 (7) in section 299D—

8 (A) in subsection (b), by striking ‘‘Except

9 as provided in the second sentence of section

10 222(c), financial’’ and inserting ‘‘Financial’’;

11 and

12 (B) by striking subsection (d);

13 (8) by redesignating sections 299A, 299B, and

14 299D as sections 292, 293, and 294, respectively;

15 (9) in section 385(c), by striking ‘‘Office of Ju16 venile Justice and Delinquency Prevention’’ and in17 serting ‘‘Office of Youth Violence Reduction’’; and

18 (10) in section 403(2), by striking ‘‘Office of

19 Juvenile Justice and Delinquency Prevention’’ and

20 inserting ‘‘Office of Youth Violence Reduction’’.

21 (b) TITLE 5.—Section 5315 of subchapter II of chap22 ter 53 of title 5, United States Code, is amended by strik23 ing ‘‘Office of Juvenile Justice and Delinquency Preven24 tion’’ and inserting ‘‘Office of Youth Violence Reduction’’.
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1 (c) TITLE 18.—Section 4351(b) of title 18, United

2 States Code, is amended by striking ‘‘Office of Juvenile

3 Justice and Delinquency Prevention’’ and inserting ‘‘Of4 fice of Youth Violence Reduction’’.

5 (d) TITLE 39.—Section 3220 of title 39, United

6 States Code, is amended by striking ‘‘Office of Juvenile

7 Justice and Delinquency Prevention’’ each place that term

8 appears and inserting ‘‘Office of Youth Violence Reduc9 tion’’.

10 (e) SOCIAL SECURITY ACT.—Section 463(f) of the

11 Social Security Act (42 U.S.C. 663(f)) is amended by

12 striking ‘‘Office of Juvenile Justice and Delinquency Pre13 vention’’ and inserting ‘‘Office of Youth Violence Reduc14 tion’’.

15 (f) OMNIBUS CRIME CONTROL AND SAFE STREETS

16 ACT OF 1968.—The Omnibus Crime Control and Safe

17 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amend18 ed—

19 (1) in section 102(a)(5), by striking ‘‘Office of

20 Juvenile Justice and Delinquency Prevention’’ and

21 inserting ‘‘Office of Youth Violence Reduction’’;

22 (2) in section 801, by striking ‘‘Office of Juve23 nile Justice and Delinquency Prevention’’ each place

24 that term appears and inserting ‘‘Office of Youth

25 Violence Reduction’’;
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1 (3) in section 804, by striking ‘‘Office of Juve2 nile Justice and Delinquency Prevention’’ each place

3 that term appears and inserting ‘‘Office of Youth

4 Violence Reduction’’;

5 (4) in section 805, by striking ‘‘Office of Juve6 nile Justice and Delinquency Prevention’’ and in7 serting ‘‘Office of Youth Violence Reduction’’;

8 (5) in section 813, by striking ‘‘Office of Juve9 nile Justice and Delinquency Prevention’’ and in10 serting ‘‘Office of Youth Violence Reduction’’;

11 (6) in section 1701(a), by striking ‘‘Office of

12 Juvenile Justice and Delinquency Prevention’’ and

13 inserting ‘‘Office of Youth Violence Reduction’’; and

14 (7) in section 2501(a)(2), by striking ‘‘Office of

15 Juvenile Justice and Delinquency Prevention’’ and

16 inserting ‘‘Office of Youth Violence Reduction’’.

17 (g) VICTIMS OF CHILD ABUSE ACT.—Sections 217

18 and 222 of the Victims of Child Abuse Act (42 U.S.C.

19 13013, 13022) are amended by striking ‘‘Office of Juve20 nile Justice and Delinquency Prevention’’ each place that

21 term appears and inserting ‘‘Office of Youth Violence Re22 duction’’.

23 (h) NATIONAL CHILD PROTECTION ACT OF 1993.—

24 Section 2(f) of the National Child Protection Act of 1993

25 (42 U.S.C. 5119(f)) is amended by striking ‘‘Office of Ju-
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1 venile Justice and Delinquency Prevention’’ and inserting

2 ‘‘Office of Youth Violence Reduction’’.

3 (i) OTHER REFERENCES.—Any reference in any Fed4 eral law, Executive order, rule, regulation, or delegation

5 of authority, or any document of or relating to the Office

6 of Juvenile Justice and Delinquency Prevention estab7 lished under section 201 of the Juvenile Justice and Delin8 quency Prevention Act of 1974, as in effect on the day

9 before the date of enactment of this Act, shall be deemed

10 to refer to the Office of Youth Violence Reduction estab11 lished under section 201 of the Juvenile Justice and Delin12 quency Prevention Act of 1974, as amended by this Act.

13 SEC. 303. EFFECTIVE DATE; APPLICABILITY OF AMEND14 MENTS.

15 (a) EFFECTIVE DATE.—Except as provided in sub16 section (b), this Act and the amendments made by this

17 Act shall take effect on the first day of the first fiscal

18 year beginning after the date of enactment of this Act.

19 (b) APPLICABILITY OF AMENDMENTS.—The amend20 ments made by this Act shall not apply with respect to

21 any fiscal year beginning before the effective date of this

22 Act.

Æ