I 

111TH CONGRESS 

2D SESSION H. R. 6029 

To reauthorize and improve the Juvenile Justice and Delinquency Prevention 

Act of 1974, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Mr. ELLISON (for himself and Mr. SCOTT of Virginia) introduced the following 

bill; which was referred to the Committee on Education and Labor, and 

in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reauthorize and improve 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. 

4 This Act may be cited as the ‘‘Juvenile Justice and 

5 Delinquency Prevention Reauthorization Act of 2010’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—FINDINGS AND DECLARATION OF PURPOSE 


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Sec. 101. Findings. 

Sec. 102. Purposes. 

Sec. 103. Definitions. 

TITLE II—JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

Sec. 201. Concentration of Federal efforts. 

Sec. 202. Coordinating Council on Juvenile Justice and Delinquency Prevention. 

Sec. 203. Annual report. 

Sec. 204. Allocation of funds. 

Sec. 205. State plans. 

Sec. 206. Authority to make grants. 

Sec. 207. Grants to Indian tribes. 

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

Sec. 209. Training and technical assistance. 

Sec. 210. Grants for youth and family serving organizations. 

Sec. 211. Incentive grants for State and local programs. 

Sec. 212. Authorization of appropriations. 

Sec. 213. Administrative authority. 

Sec. 214. Authority for Federal pretrial services with respect to juveniles. 

Sec. 215. Technical and conforming amendments. 

TITLE III—INCENTIVE GRANTS FOR LOCAL DELINQUENCY 

PREVENTION PROGRAMS 

Sec. 301. Definitions. 

Sec. 302. Grants for delinquency prevention programs. 

Sec. 303. Authorization of appropriations. 

Sec. 304. Technical and conforming amendment. 

TITLE IV—PRECAUTION ACT 

Sec. 401. Short title. 

Sec. 402. Purposes. 

Sec. 403. Definitions. 

Sec. 404. National Commission on Public Safety Through Crime Prevention. 

Sec. 405. Innovative crime prevention and intervention strategies. 

Sec. 406. Funding. 

TITLE V—MISCELLANEOUS PROVISIONS 

Sec. 501. Evaluation by General Accounting Office. 

1 TITLE I—FINDINGS AND 

2 DECLARATION OF PURPOSE 

3 SEC. 101. FINDINGS. 

4 Section 101 of the Juvenile Justice and Delinquency 

5 Prevention Act of 1974 (42 U.S.C. 5601) is amended to 

6 read as follows: 


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1 ‘‘SEC. 101. FINDINGS. 

2 ‘‘Congress finds the following: 

3 ‘‘(1) A growing body of adolescent development 

4 research supports the use of developmentally appro5 priate services and sanctions for youth in the juve6 nile justice system and those at risk for delinquent 

7 behavior to help prevent youth crime and to success8 fully intervene with youth who have already entered 

9 the system. 

10 ‘‘(2) Research has shown that targeted invest11 ments to redirect offending juveniles onto a different 

12 path are cost effective and can help reduce juvenile 

13 recidivism and adult crime. 

14 ‘‘(3) Detention of youth who are arrested for 

15 nonviolent crime in secure facilities is not an effec16 tive way to enhance public safety. Youth who are de17 tained in secure facilities are almost 5 times more 

18 likely to be rearrested than youth who have com19 mitted the same offense and have not been detained. 

20 ‘‘(4) African-American and other youth of color 

21 are disproportionately represented in the juvenile 

22 justice system. In 2003, African-American youth 

23 constituted 16 percent of the adolescent population 

24 of the United States, but constituted 28 percent of 

25 youth arrested, 37 percent of youth securely de26 tained before adjudication, 30 percent of youth adjuVerDate Mar 15 2010 23:51 Aug 03, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6029.IH H6029

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1 dicated in juvenile court, 35 percent of youth judi2 cially waived to adult criminal court, 38 percent of 

3 youth sent to residential placement, and 58 percent 

4 of youth admitted to State prisons. 

5 ‘‘(5) African-American and other youth of color 

6 are treated more harshly than White youth, even 

7 when charged with the same type of offense. Afri8 can-American and other youth of color are dis9 proportionately more likely than White youth to be 

10 arrested, referred to juvenile court, detained before 

11 adjudication, petitioned, judicially waived to adult 

12 court, ordered to residential placement, admitted to 

13 locked State public facilities, spend longer periods of 

14 time incarcerated, and admitted to State prisons, 

15 even for the same type of offense. 

16 ‘‘(6) Youth of color charged with low-level of17 fenses, technical violations, and minor misbehavior 

18 unnecessarily enter and move more deeply into the 

19 juvenile justice system. Youth of color constitute 69 

20 percent of the youth held in secure detention. In 

21 2006, only 21 percent of the youth in secure deten22 tion were charged with serious violent crimes, while 

23 10 percent were charged with simple assaults and 

24 other offenses against persons, and 28 percent were 

25 charged with status offenses (offenses that are only 


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1 a crime if committed by a minor) and technical vio2 lations of probation or court orders. 

3 ‘‘(7) Comprehensive, collaborative, data-driven 

4 efforts and objective risk assessment instruments are 

5 necessary to achieve significant reductions in the 

6 number and percentage of youth of color at the key 

7 decision points of the juvenile justice system, as 

8 identified by the Office of Juvenile Justice and De9 linquency Prevention, including arrest, referral, in10 formal processing, detention, petition, adjudication, 

11 probation, placement, and transfer to adult court. 

12 Comprehensive, collaborative, data-driven efforts are 

13 also necessary to implement effective, gender-specific 

14 alternatives to detention. Jurisdictions that have 

15 made such efforts have enhanced the fairness of 

16 their juvenile justice systems. 

17 ‘‘(8) Juvenile detention is a crucial decision 

18 point in the juvenile justice process. Juvenile deten19 tion is the ‘gateway’ to processing and treatment of 

20 youth by the courts, probation, and State juvenile 

21 justice agencies. An estimated 400,000 youth are 

22 held in secure detention each year. Approximately 

23 26,000 are held each night. 

24 ‘‘(9) Unnecessary and inappropriate detention 

25 has significant negative consequences for youth of 


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1 color and other youth in the juvenile justice system. 

2 Research shows that youth who are incarcerated are 

3 less likely to complete high school, find employment, 

4 and form stable families, and are more likely to be 

5 rearrested and to abuse drugs and alcohol. 

6 ‘‘(10) Detention populations have been reduced 

7 by 35 percent in 78 jurisdictions that have followed 

8 comprehensive detention reform based upon national 

9 best practices. In 24 of those jurisdictions, detention 

10 populations were reduced by more than 50 percent. 

11 ‘‘(11) Comprehensive detention reform based on 

12 national best practices does not jeopardize public 

13 safety. Jurisdictions that have followed such com14 prehensive detention reform have seen reductions in 

15 the number of arrests of juveniles for serious of16 fenses. In some jurisdictions the reductions have ex17 ceeded 40 percent. 

18 ‘‘(12) Jurisdictions that have followed com19 prehensive detention reform based on national best 

20 practices have achieved substantial savings for tax21 payers. Twenty-seven jurisdictions that have followed 

22 such comprehensive detention reform have closed de23 tention units or entire facilities as a result of smaller 

24 detention populations, reducing the total number of 

25 detention beds in those 27 jurisdictions by 978 beds. 


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1 ‘‘(13) Between 1990 and 2004, the number of 

2 youth in adult jails increased by 208 percent. 

3 ‘‘(14) Every day in the United States, an aver4 age of 7,500 youth are incarcerated in adult jails. 

5 ‘‘(15) Youth who have been previously tried as 

6 adults are, on average, 34 percent more likely to 

7 commit crimes than youth retained in the juvenile 

8 justice system. 

9 ‘‘(16) Research has shown that every dollar 

10 spent on evidence-based programs can yield up to 

11 $13 in cost savings. 

12 ‘‘(17) Each child prevented from engaging in 

13 repeat criminal offenses can save the community 

14 $1,700,000 to $3,400,000. 

15 ‘‘(18) Youth are 19 times more likely to commit 

16 suicide in jail than youth in the general population 

17 and 36 times more likely to commit suicide in an 

18 adult jail than in a juvenile detention facility. 

19 ‘‘(19) Seventy percent of youth in detention are 

held for nonviolent charges, and more than 2 20 ⁄3 are 

21 charged with property offenses, public order of22 fenses, technical probation violations, or status of23 fenses, such as truancy, running away, or breaking 

24 curfew. 


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1 ‘‘(20) The prevalence of mental disorders 

2 among youth in juvenile justice systems is 2 to 3 

3 times higher than among youth in the general popu4 lation. 

5 ‘‘(21) Eighty percent of juveniles in juvenile 

6 justice systems have a nexus to substance abuse. 

7 ‘‘(22) The proportion of females entering the 

8 justice system has increased steadily over the past 

9 several decades, rising from 20 percent in 1980 to 

10 29 percent in 2007. Most of the girls entering the 

11 system, up to 73 percent, have histories of physical 

12 and sexual victimization, and their entry into the 

13 criminal and juvenile justice system is often pre14 ceded by their sexual and physical victimization. Fe15 males are disproportionately arrested for status of16 fenses, such as running away from violent and tur17 bulent home situations. In 2003, while females rep18 resented 15 percent of all juvenile offenders in cus19 tody, they represented 40 percent of status offenders 

20 in custody. Recent statistics also show that female 

21 status offenders are held in custody twice as long as 

22 male status offenders.’’. 

23 SEC. 102. PURPOSES. 

24 (a) PURPOSES.—The purposes of this Act are— 


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1 (1) to reduce recidivism by reiterating that the 

2 original purpose of the Juvenile Justice and Delin3 quency Prevention Act of 1974 was to provide for 

4 education and rehabilitation of youth involved with 

5 the juvenile justice system, not punishment alone; 

6 (2) to provide alternatives to detention for 

7 youth involved in the juvenile justice system; 

8 (3) to support effective State and local efforts 

9 to reduce the disproportionate numbers of youth of 

10 color involved in the juvenile justice system; 

11 (4) to support State and local efforts to provide 

12 effective gender-specific prevention, treatment, and 

13 intervention for youth involved in, or at risk of be14 coming involved in, the juvenile justice system; and 

15 (5) to support State and local efforts to achieve 

16 comprehensive detention reform based upon national 

17 best practices and evidence-based models that reduce 

18 recidivism, including reduction in the detention of 

19 youth of color and female youth who are awaiting 

20 adjudication hearings. 

21 (b) AMENDMENTS.—Section 102 of the Juvenile Jus22 tice and Delinquency Prevention Act of 1974 (42 U.S.C. 

23 5602) is amended— 

24 (1) in paragraph (2), by striking ‘‘and’’ at the 

25 end; 


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1 (2) in paragraph (3), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(4) to support a continuum of programs (in5 cluding delinquency prevention, intervention, mental 

6 health and substance abuse treatment, and 

7 aftercare) to address the needs of at-risk youth and 

8 youth who come into contact with the justice sys9 tem.’’. 

10 SEC. 103. DEFINITIONS. 

11 Section 103 of the Juvenile Justice and Delinquency 

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

13 (1) in paragraph (8), by amending subpara14 graph (C) to read as follows: 

15 ‘‘(C) an Indian tribe; or’’; 

16 (2) by amending paragraph (18) to read as fol17 lows: 

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

19 given that term in section 4 of the Indian Self-De20 termination and Education Assistance Act (25 

21 U.S.C. 450b);’’; 

22 (3) in paragraph (22), by striking ‘‘or confine 

23 adults’’ and all that follows and inserting ‘‘or con24 fine adult inmates;’’; 


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1 (4) by amending paragraph (26) to read as fol2 lows: 

3 ‘‘(26) the term ‘adult inmate’— 

4 ‘‘(A) means an individual who— 

5 ‘‘(i) has reached the age of full crimi6 nal responsibility under applicable State 

7 law; and 

8 ‘‘(ii) has been arrested and is in cus9 tody for or awaiting trial on a criminal 

10 charge, or is convicted of a criminal charge 

11 offense; and 

12 ‘‘(B) does not include an individual who— 

13 ‘‘(i) at the time of the time of the of14 fense, was younger than the maximum age 

15 at which a youth can be held in a juvenile 

16 facility under applicable State law; and 

17 ‘‘(ii) was committed to the care and 

18 custody of a juvenile correctional agency by 

19 a court of competent jurisdiction or by op20 eration of applicable State law;’’; 

21 (5) in paragraph (28), by striking ‘‘and’’ at the 

22 end; 

23 (6) in paragraph (29), by striking the period at 

24 the end and inserting a semicolon; and 

25 (7) by adding at the end the following: 


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1 ‘‘(30) the term ‘core requirements’ means the 

2 requirements described in paragraphs (11), (12), 

3 (13), (14), and (15) of section 223(a); 

4 ‘‘(31) the term ‘chemical agent’ means a spray 

5 used to temporarily incapacitate a person, including 

6 oleoresin capsicum spray, tear gas, and 2- 

7 chlorobenzalmalononitrile gas; 

8 ‘‘(32) the term ‘isolation’— 

9 ‘‘(A) means any instance in which a youth 

10 is confined alone for more than 15 minutes in 

11 a room or cell; and 

12 ‘‘(B) does not include confinement during 

13 regularly scheduled sleeping hours, or for not 

14 more than 1 hour during any 24-hour period in 

15 the room or cell in which the youth usually 

16 sleeps, protective confinement (for injured 

17 youths or youths whose safety is threatened), 

18 separation based on an approved treatment pro19 gram, confinement that is requested by the 

20 youth, or the separation of the youth from a 

21 group in a non-locked setting for the purpose of 

22 calming; 

23 ‘‘(33) the term ‘restraint’ has the meaning 

24 given that term in section 591 of the Public Health 

25 Service Act (42 U.S.C. 290ii); 


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1 ‘‘(34) the term ‘evidence-based’ means a pro2 gram or practice that is demonstrated to be effective 

3 and that— 

4 ‘‘(A) is based on a clearly articulated and 

5 empirically supported theory; 

6 ‘‘(B) has measurable outcomes, including a 

7 detailed description of what outcomes were pro8 duced in a particular population; and 

9 ‘‘(C) has been scientifically tested, opti10 mally through randomized control studies or 

11 comparison group studies; 

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

13 practice that is demonstrated to be effective based 

14 on positive outcomes from 1 or more objective eval15 uations, as documented in writing to the Adminis16 trator; 

17 ‘‘(36) the term ‘dangerous practice’ means an 

18 act, procedure, or program that creates an unreason19 able risk of physical injury, pain, or psychological 

20 harm to a juvenile subjected to the act, procedure, 

21 or program; 

22 ‘‘(37) the term ‘screening’ means a brief proc23 ess— 

24 ‘‘(A) designed to identify youth who may 

25 have mental health or substance abuse needs 


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1 requiring immediate attention, intervention, and 

2 further evaluation; and 

3 ‘‘(B) the purpose of which is to quickly 

4 identify a youth with a possible mental health 

5 or substance abuse need in need of further as6 sessment; 

7 ‘‘(38) the term ‘assessment’ includes, at a min8 imum, an interview and review of available records 

9 and other pertinent information— 

10 ‘‘(A) by a mental health or substance 

11 abuse professional who meets the criteria of the 

12 applicable State for licensing and education in 

13 the mental health or substance abuse field; and 

14 ‘‘(B) which is designed to identify signifi15 cant mental health or substance abuse treat16 ment needs to be addressed during a youth’s 

17 confinement; 

18 ‘‘(39) the term ‘contact with the juvenile justice 

19 system’ means the point at which a youth interacts 

20 with the juvenile justice system or criminal justice 

21 system, including interaction with a juvenile justice, 

22 juvenile court, or law enforcement official, and in23 cluding brief, sustained, or repeated interaction; 

24 ‘‘(40) the term ‘gender-specific services’ means 

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1 force training, or direct services targeted to address 

2 needs unique to the gender of the juveniles being 

3 served, which may include— 

4 ‘‘(A) treatment for trauma, domestic vio5 lence, dating violence, sexual assault, child 

6 abuse, and witnessing domestic violence; 

7 ‘‘(B) alternatives to detention and incar8 ceration; 

9 ‘‘(C) mental and physical health screening 

10 and services; 

11 ‘‘(D) education and services related to 

12 health, pregnancy, and parenting; 

13 ‘‘(E) training and vocational programs in 

14 high-demand, high-wage fields that are non15 traditional fields for juveniles of the gender 

16 being served; 

17 ‘‘(F) substance abuse screening and pre18 vention; 

19 ‘‘(G) methods used to protect safety and 

20 security in programs; 

21 ‘‘(H) programs that foster positive rela22 tionships of juveniles with the peers, family, 

23 and community of such juveniles; and 

24 ‘‘(I) policies to reduce gender bias in pre25 adjudication and post-adjudication placement, 


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1 particularly with respect to placement of female 

2 juvenile offenders when there are a lack of gen3 der-specific, community-based placement op4 tions; and 

5 ‘‘(41) the term ‘comprehensive detention reform 

6 based upon national best practices’ means a collabo7 rative, data-driven, interrelated set of changes to ju8 venile justice policy, practice, and programming de9 signed to safely eliminate unnecessary and inappro10 priate reliance on secure detention of juveniles 

11 that— 

12 ‘‘(A) may include— 

13 ‘‘(i) participation of non-traditional 

14 stakeholders (such as communities of color 

15 and children and families impacted by the 

16 juvenile justice system); and 

17 ‘‘(ii) other strategies and practices re18 quired of States participating in the Juve19 nile Detention Alternatives Initiative spon20 sored by the Annie E. Casey Foundation; 

21 and 

22 ‘‘(B) at a minimum, utilizes all of the fol23 lowing strategies: 

24 ‘‘(i) Collaborating among juvenile jus25 tice agencies, other governmental entities, 


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1 and community organizations for planning 

2 and policymaking related to detention of 

3 juveniles. 

4 ‘‘(ii) Using data to analyze system 

5 processes, develop interventions, and mon6 itor reforms related to detention of juve7 niles. 

8 ‘‘(iii) Developing objective juvenile de9 tention admissions criteria and instru10 ments. 

11 ‘‘(iv) Establishing new or enhanced al12 ternatives to secure detention, particularly 

13 alternatives that permit juveniles to remain 

14 in their local communities. 

15 ‘‘(v) Instituting case processing re16 forms to expedite the flow of cases through 

17 the juvenile justice system. 

18 ‘‘(vi) Identifying special populations of 

19 youth in contact with the juvenile justice 

20 system, including probation violators and 

21 youth awaiting out-of-home placement 

22 after adjudication, who may not need to be 

23 securely confined. 

24 ‘‘(vii) Reducing racial, ethnic, and 

25 gender disparities in the juvenile justice 


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1 system, including overrepresentation of 

2 youth of color in such system, and unnec3 essary entry and further progression of 

4 such youth deeper into such system. 

5 ‘‘(viii) Improving conditions of con6 finement for youth who are held in secure 

7 detention.’’. 

8 TITLE II—JUVENILE JUSTICE 

9 AND DELINQUENCY PREVEN10 TION 

11 SEC. 201. CONCENTRATION OF FEDERAL EFFORTS. 

12 Section 204(a)(2)(B)(i) of the Juvenile Justice and 

13 Delinquency Prevention Act of 1974 (42 U.S.C. 

14 5614(a)(2)(B)(i)) is amended by striking ‘‘240 days after 

15 the date of enactment of this paragraph’’ and inserting 

16 ‘‘July 2, 2010’’. 

17 SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE 

18 AND DELINQUENCY PREVENTION. 

19 Section 206 of the Juvenile Justice and Delinquency 

20 Prevention Act of 1974 (42 U.S.C. 5616) is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1)— 

23 (i) by inserting ‘‘the Administrator of 

24 the Substance Abuse and Mental Health 

25 Services Administration, the Secretary of 


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1 Defense, the Secretary of Agriculture,’’ 

2 after ‘‘the Secretary of Health and Human 

3 Services,’’; and 

4 (ii) by striking ‘‘Commissioner of Im5 migration and Naturalization’’ and insert6 ing ‘‘Assistant Secretary for Immigration 

7 and Customs Enforcement’’; and 

8 (B) in paragraph (2)(A), by inserting ‘‘(in9 cluding at least 1 representative from the men10 tal health fields)’’ after ‘‘field of juvenile jus11 tice’’; and 

12 (2) in subsection (c)— 

13 (A) in paragraph (1), by striking ‘‘para14 graphs (12)(A), (13), and (14) of section 

15 223(a) of this title’’ and inserting ‘‘the core re16 quirements’’; and 

17 (B) in paragraph (2)— 

18 (i) in the matter preceding subpara19 graph (A), by inserting ‘‘, on an annual 

20 basis’’ after ‘‘collectively’’; 

21 (ii) in subparagraph (A), by striking 

22 ‘‘and’’ at the end; 

23 (iii) in subparagraph (B), 

24 (I) by striking ‘‘180 days after 

25 the date of the enactment of this 


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1 paragraph’’ and inserting ‘‘May 3, 

2 2010’’; 

3 (II) by striking ‘‘Committee on 

4 Education and the Workforce’’ and 

5 inserting ‘‘Committee on Education 

6 and Labor’’; and 

7 (III) by striking the period and 

8 inserting ‘‘; and’’; and 

9 (iv) by adding at the end the fol10 lowing: 

11 ‘‘(C) not later than 120 days after the comple12 tion of the last meeting in any fiscal year, submit to 

13 Congress a report regarding the recommendations 

14 described in subparagraph (A), which shall— 

15 ‘‘(i) include a detailed account of the ac16 tivities conducted by the Council during the fis17 cal year, including a complete detailed account18 ing of expenses incurred by the Coordinating 

19 Council to conduct operations in accordance 

20 with this section; 

21 ‘‘(ii) be published on the websites of the 

22 Department of Justice and the Coordinating 

23 Council; and 

24 ‘‘(iii) be in addition to the annual report 

25 required by section 207.’’. 


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1 SEC. 203. ANNUAL REPORT. 

2 Section 207 of the Juvenile Justice and Delinquency 

3 Prevention Act of 1974 (42 U.S.C. 5617) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 striking ‘‘a fiscal year’’ and inserting ‘‘each fiscal 

6 year’’; 

7 (2) in paragraph (1)— 

8 (A) in subparagraph (B), by inserting ‘‘, 

9 ethnicity,’’ after ‘‘race’’; 

10 (B) in subparagraph (E), by striking 

11 ‘‘and’’ at the end; 

12 (C) in subparagraph (F)— 

13 (i) by inserting ‘‘and other’’ before 

14 ‘‘disabilities,’’; and 

15 (ii) by striking the period at the end 

16 and inserting a semicolon; and 

17 (D) by adding at the end the following: 

18 ‘‘(G) a summary of data from 1 month of 

19 the applicable fiscal year of the use of restraints 

20 and isolation upon juveniles held in the custody 

21 of secure detention and correctional facilities 

22 operated by a State or unit of local government; 

23 ‘‘(H) the number of juveniles released from 

24 custody and the type of living arrangement to 

25 which each such juvenile was released; 


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1 ‘‘(I) the number of status offense cases pe2 titioned to court (including a breakdown by 

3 type of offense and disposition), number of sta4 tus offenders held in secure detention, the find5 ings used to justify the use of secure detention, 

6 and the average period of time a status of7 fender was held in secure detention; and 

8 ‘‘(J) the number of pregnant juveniles held 

9 in the custody of secure detention and correc10 tional facilities operated by a State or unit of 

11 local government.’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(5) A description of the criteria used to deter14 mine what programs qualify as evidence-based and 

15 promising programs under this title and title V and 

16 a comprehensive list of those programs the Adminis17 trator has determined meet such criteria. 

18 ‘‘(6) A description of funding provided to In19 dian tribes under this Act, including direct Federal 

20 grants and funding provided to Indian tribes 

21 through a State or unit of local government. 

22 ‘‘(7) An analysis and evaluation of the internal 

23 controls at Office of Juvenile Justice and Delin24 quency Prevention to determine if grantees are fol25 lowing the requirements of Office of Juvenile Justice 


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1 and Delinquency Prevention grant programs and 

2 what remedial action Office of Juvenile Justice and 

3 Delinquency Prevention has taken to recover any 

4 grant funds that are expended in violation of the 

5 grant programs, including instances where sup6 porting documentation was not provided for cost re7 ports, where unauthorized expenditures occurred, 

8 and where subrecipients of grant funds were not 

9 compliant with program requirements. 

10 ‘‘(8) An analysis and evaluation of the total 

11 amount of payments made to grantees that were re12 couped by the Office of Juvenile Justice and Delin13 quency Prevention from grantees that were found to 

14 be in violation of policies and procedures of the Of15 fice of Juvenile Justice and Delinquency Prevention 

16 grant programs. This analysis shall include the full 

17 name and location of the grantee, the violation of 

18 the program found, the amount of funds sought to 

19 be recouped by the Office of Juvenile Justice and 

20 Delinquency Prevention, and the actual amount re21 couped by the Office of Juvenile Justice and Delin22 quency Prevention.’’. 

23 SEC. 204. ALLOCATION OF FUNDS. 

24 (a) TECHNICAL ASSISTANCE.—Section 221(b)(1) of 

25 the Juvenile Justice and Delinquency Prevention Act of 


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1 1974 (42 U.S.C. 5631(b)(1)) is amended by striking ‘‘2 

2 percent’’ and inserting ‘‘5 percent’’. 

3 (b) OTHER ALLOCATIONS.—Section 222 of the Juve4 nile Justice and Delinquency Prevention Act of 1974 (42 

5 U.S.C. 5632) is amended— 

6 (1) in subsection (a)(1), by striking ‘‘age eight7 een.’’ and inserting ‘‘18 years of age, based on the 

8 most recent census data to monitor any significant 

9 changes in the relative population of people under 

10 18 years of age occurring in the States.’’; 

11 (2) by redesignating subsections (c) and (d) as 

12 subsections (d) and (e), respectively; 

13 (3) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c)(1) If any amount allocated under subsection (a) 

16 is withheld from a State due to noncompliance with the 

17 core requirements, the funds shall be reallocated for an 

18 improvement grant designed to assist the State in achiev19 ing compliance with the core requirements. 

20 ‘‘(2) The Administrator shall condition a grant de21 scribed in paragraph (1) on— 

22 ‘‘(A) the State, with the approval of the Admin23 istrator, developing specific action steps designed to 

24 restore compliance with the core requirements; and 


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1 ‘‘(B) submitting to the Administrator semi2 annually a report on progress toward implementing 

3 the specific action steps developed under subpara4 graph (A). 

5 ‘‘(3) The Administrator shall provide appropriate and 

6 effective technical assistance directly or through an agree7 ment with a contractor to assist a State receiving a grant 

8 described in paragraph (1) in achieving compliance with 

9 the core requirements.’’; 

10 (4) in subsection (d), as so redesignated, by 

11 striking ‘‘efficient administration, including moni12 toring, evaluation, and one full-time staff position’’ 

13 and inserting ‘‘effective and efficient administration, 

14 including the designation of at least 1 person to co15 ordinate efforts to achieve and sustain compliance 

16 with the core requirements’’; and 

17 (5) in subsection (e), as so redesignated, by 

18 striking ‘‘5 per centum of the minimum’’ and insert19 ing ‘‘not more than 5 percent of the’’. 

20 SEC. 205. STATE PLANS. 

21 Section 223 of the Juvenile Justice and Delinquency 

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

23 (1) in subsection (a)— 

24 (A) in the matter preceding paragraph (1), 

25 by inserting ‘‘Not later than 30 days after the 


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1 date on which a plan or amended plan sub2 mitted under this subsection is finalized, a 

3 State shall make the plan or amended plan pub4 licly available by posting the plan or amended 

5 plan on a publicly available website.’’ after 

6 ‘‘compliance with State plan requirements.’’; 

7 (B) in paragraph (3)— 

8 (i) in subparagraph (A)(ii)— 

9 (I) in subclause (II), by striking 

10 ‘‘counsel for children and youth’’ and 

11 inserting ‘‘publicly supported court12 appointed legal counsel for children 

13 and youth charged in delinquency 

14 matters’’; 

15 (II) in subclause (III), by strik16 ing ‘‘mental health, education, special 

17 education’’ and inserting ‘‘children’s 

18 mental health, education, child and 

19 adolescent substance abuse, special 

20 education, services for youth with dis21 abilities’’; 

22 (III) in subclause (IV), by insert23 ing ‘‘youth violence,’’ before ‘‘youth 

24 development’’; 


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1 (IV) in subclause (V), by striking 

2 ‘‘delinquents or potential delinquents’’ 

3 and inserting ‘‘delinquent youth or 

4 youth at risk of delinquency, including 

5 volunteers who work with youth of 

6 color’’; 

7 (V) in subclause (VII), by strik8 ing ‘‘and’’ at the end; 

9 (VI) by redesignating subclause 

10 (VIII) as subclause (XII); 

11 (VII) by inserting after subclause 

12 (VII) the following: 

13 ‘‘(VIII) the executive director or 

14 the designee of the executive director 

15 of a public or nonprofit entity that is 

16 located in the State and receiving a 

17 grant under part A of title III; 

18 ‘‘(IX) persons with expertise and 

19 competence in preventing and ad20 dressing mental health or substance 

21 abuse needs in juvenile delinquents 

22 and those at-risk of delinquency; 

23 ‘‘(X) representatives of victim or 

24 witness advocacy groups; 


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1 ‘‘(XI) individuals with special ex2 pertise or competence in addressing 

3 the needs of female youth or imple4 menting gender-specific juvenile serv5 ices; and’’; and 

6 (VIII) in subclause (XII), as so 

7 redesignated— 

8 (aa) by striking ‘‘disabil9 ities’’ and inserting ‘‘and other 

10 disabilities, truancy reduction or 

11 school failure’’; and 

12 (bb) by striking ‘‘and youth 

13 violence’’ and inserting ‘‘domestic 

14 violence, sexual assault, or other 

15 sexual victimization’’; 

16 (ii) in subparagraph (D)(ii), by strik17 ing ‘‘requirements of paragraphs (11), 

18 (12), and (13)’’ and inserting ‘‘core re19 quirements’’; and 

20 (iii) in subparagraph (E)(i), by adding 

21 ‘‘and’’ at the end; 

22 (C) in paragraph (5)— 

23 (i) in the matter preceding subpara24 graph (A), by striking ‘‘section 222(d)’’ 

25 and inserting ‘‘section 222(e)’’; and 


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1 (ii) in subparagraph (C), by striking 

2 ‘‘Indian tribes’’ and all that follows 

3 through ‘‘applicable to the detention and 

4 confinement of juveniles’’ and inserting 

5 ‘‘Indian tribes that agree to attempt to 

6 comply with the core requirements applica7 ble to the detention and confinement of ju8 veniles’’; 

9 (D) in paragraph (7)(B)— 

10 (i) by striking clause (i) and inserting 

11 the following: 

12 ‘‘(i) a plan for ensuring that the chief ex13 ecutive officer of the State, State legislature, 

14 and all appropriate public agencies in the State 

15 with responsibility for provision of services to 

16 children, youth and families are informed of the 

17 requirements of the State plan and compliance 

18 with the core requirements;’’; 

19 (ii) in clause (ii), by inserting ‘‘, in20 cluding identifiable needs related to phys21 ical and sexual victimization’’ after ‘‘delin22 quency’’; 

23 (iii) in clause (iii), by striking ‘‘and’’ 

24 at the end; and 


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1 (iv) by striking clause (iv) and insert2 ing the following: 

3 ‘‘(iv) a plan to provide alternatives to de4 tention, including diversion to home-based or 

5 community-based services that are culturally 

6 and linguistically competent or treatment for 

7 those youth in need of mental health, substance 

8 abuse, or co-occurring disorder services at the 

9 time such juveniles first come into contact with 

10 the juvenile justice system; 

11 ‘‘(v) a plan to reduce the number of chil12 dren housed in secure detention and corrections 

13 facilities who are awaiting placement in residen14 tial treatment programs; 

15 ‘‘(vi) a plan to engage family members in 

16 the design and delivery of juvenile delinquency 

17 prevention and treatment services, particularly 

18 post-placement; and 

19 ‘‘(vii) a plan for providing easily accessible, 

20 community-based and operated, culturally, lin21 guistically, and developmentally competent serv22 ices to youth at risk or in contact with the juve23 nile justice system;’’; 


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1 (E) in paragraph (8), by striking ‘‘exist2 ing’’ and inserting ‘‘evidence-based and prom3 ising’’; 

4 (F) in paragraph (9)— 

5 (i) in the matter preceding subpara6 graph (A), by striking ‘‘section 222(d)’’ 

7 and inserting ‘‘section 222(e)’’; 

8 (ii) in subparagraph (A)(i), by insert9 ing ‘‘status offenders and other’’ before 

10 ‘‘youth who need’’; 

11 (iii) in subparagraph (B)(i)— 

12 (I) by striking ‘‘parents and 

13 other family members’’ and inserting 

14 ‘‘status offenders, other youth, and 

15 the parents and other family members 

16 of such offenders and youth’’; and 

17 (II) by striking ‘‘be retained’’ 

18 and inserting ‘‘remain’’; 

19 (iv) in subparagraph (D), by inserting 

20 ‘‘or physical or sexual violence’’ after 

21 ‘‘child abuse or neglect’’; 

22 (v) by redesignating subparagraphs 

23 (G) through (S) as subparagraphs (J) 

24 through (V), respectively; 


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1 (vi) by redesignating subparagraphs 

2 (E) and (F) as subparagraphs (F) and 

3 (G), respectively; 

4 (vii) by inserting after subparagraph 

5 (D) the following: 

6 ‘‘(E) providing training and technical as7 sistance to, and consultation with, juvenile jus8 tice and child welfare agencies of States and 

9 units of local government to develop coordinated 

10 plans for early intervention and treatment of 

11 youth who have a history of abuse and juveniles 

12 who have prior involvement with the juvenile 

13 justice system;’’; 

14 (viii) in subparagraph (G), as so re15 designated, by striking ‘‘expanding’’ and 

16 inserting ‘‘programs to expand’’; 

17 (ix) by inserting after subparagraph 

18 (G), as so redesignated, the following: 

19 ‘‘(H) programs to improve the recruitment, 

20 selection, training, and retention of professional 

21 personnel in the fields of medicine, law enforce22 ment, judiciary, juvenile justice, social work and 

23 child protection, education, and other relevant 

24 fields who are engaged in, or intend to work in, 


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1 the field of prevention, identification, and treat2 ment of delinquency; 

3 ‘‘(I) expanding access to publicly sup4 ported, court-appointed legal counsel and en5 hancing capacity for the competent representa6 tion of every child;’’; 

7 (x) in subparagraph (O), as so redes8 ignated— 

9 (I) in clause (i), by striking ‘‘re10 straints’’ and inserting ‘‘alternatives’’; 

11 and 

12 (II) in clause (ii), by striking ‘‘by 

13 the provision’’; and 

14 (xi) in subparagraph (V), as so redes15 ignated, by striking the period at the end 

16 and inserting a semicolon; 

17 (G) in paragraph (11)— 

18 (i) in subparagraph (A), by striking 

19 ‘‘and’’ at the end; 

20 (ii) in subparagraph (B), by adding 

21 ‘‘and’’ at the end; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(C) encourage the use of community25 based alternatives to secure detention, including 


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1 programs of public and nonprofit entities re2 ceiving a grant under part A of title III;’’; 

3 (H) by striking paragraph (22); 

4 (I) by redesignating paragraphs (23) 

5 through (28) as paragraphs (24) through (29), 

6 respectively; 

7 (J) by redesignating paragraphs (14) 

8 through (21) as paragraphs (16) through (23), 

9 respectively; 

10 (K) by inserting after paragraph (13) the 

11 following: 

12 ‘‘(14) require that— 

13 ‘‘(A) not later than 3 years after the date 

14 of enactment of the Juvenile Justice and Delin15 quency Prevention Reauthorization Act of 2010, 

16 unless a court finds, after a hearing and in 

17 writing, that it is in the interest of justice, juve18 niles awaiting trial or other legal process who 

19 are treated as adults for purposes of prosecu20 tion in criminal court and housed in a secure 

21 facility— 

22 ‘‘(i) shall not have contact with adult 

23 inmates; and 


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1 ‘‘(ii) except as provided in paragraph 

2 (13), may not be held in any jail or lockup 

3 for adults; 

4 ‘‘(B) in determining under subparagraph 

5 (A) whether it is in the interest of justice to 

6 permit a juvenile to be held in any jail or lock7 up for adults, or have contact with adult in8 mates, a court shall consider— 

9 ‘‘(i) the age of the juvenile; 

10 ‘‘(ii) the physical and mental maturity 

11 of the juvenile; 

12 ‘‘(iii) the present mental state of the 

13 juvenile, including whether the juvenile 

14 presents an imminent risk of harm to the 

15 juvenile; 

16 ‘‘(iv) the nature and circumstances of 

17 the alleged offense; 

18 ‘‘(v) the juvenile’s history of prior de19 linquent acts; 

20 ‘‘(vi) the relative ability of the avail21 able adult and juvenile detention facilities 

22 to meet the specific needs of the juvenile 

23 and to protect the public; 

24 ‘‘(vii) whether placement in a juvenile 

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1 terests of the juvenile and be more likely to 

2 prevent recidivism; 

3 ‘‘(viii) the availability of programs de4 signed to treat the juvenile’s behavioral 

5 problems; and 

6 ‘‘(ix) any other relevant factor; and 

7 ‘‘(C) if a court determines under subpara8 graph (A) that it is in the interest of justice to 

9 permit a juvenile to be held in any jail or lock10 up for adults, or have contact with adult in11 mates— 

12 ‘‘(i) the court shall hold a hearing not 

13 less frequently than once every 30 days to 

14 review whether it is still in the interest of 

15 justice to permit the juvenile to be so held 

16 or have such contact; and 

17 ‘‘(ii) the juvenile shall not be held in 

18 any jail or lockup for adults, or permitted 

19 to have contact with adult inmates, for 

20 more than 180 days, unless the court, in 

21 writing, determines there is good cause for 

22 an extension or the juvenile expressly 

23 waives this limitation; 

24 ‘‘(15) provide for juvenile justice policy, prac25 tice, and system improvement strategies at the 


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1 State, territory, local, and tribal levels, as applicable, 

2 to identify and reduce racial, ethnic, and gender dis3 parities among youth who come into contact with the 

4 juvenile justice system (without establishing or re5 quiring numerical standards or quotas) by— 

6 ‘‘(A) establishing coordinating bodies com7 posed of juvenile justice stakeholders at the 

8 State, territory, local, or tribal levels, to oversee 

9 and monitor efforts by States, territories, units 

10 of local government, and Indian tribes to reduce 

11 racial, ethnic, and gender disparities; 

12 ‘‘(B) identifying and analyzing in State, 

13 territory, local, or tribal juvenile justice systems 

14 key decision points of arrest, referral, informal 

15 resolution, detention, petition, adjudication, 

16 probation, and placement and transfer to the 

17 adult criminal justice system to determine 

18 which points create racial, ethnic, and gender 

19 disparities among youth who come into contact 

20 with the juvenile justice system; 

21 ‘‘(C) developing and implementing data 

22 collection and analysis systems to identify 

23 where racial, ethnic, and gender disparities 

24 exist in the juvenile justice system and to track 

25 and analyze such disparities; 


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1 ‘‘(D) developing and implementing a plan 

2 of action that includes measurable objectives for 

3 policy, practice, or other system changes to re4 duce racial, ethnic, and gender disparities, 

5 based on the needs identified in the data collec6 tion and analysis under subparagraph (B); and 

7 ‘‘(E) publicly reporting, on an annual 

8 basis, the efforts made in accordance with sub9 paragraphs (B), (C), and (D);’’; 

10 (L) in paragraph (16), as so redesig11 nated— 

12 (i) by striking ‘‘adequate system’’ and 

13 inserting ‘‘effective system’’; 

14 (ii) by striking ‘‘requirements of para15 graph (11),’’ and all that follows through 

16 ‘‘monitoring to the Administrator’’ and in17 serting ‘‘the core requirements are met, 

18 and for annual reporting to the Adminis19 trator of such plan, including the results of 

20 such monitoring and all related enforce21 ment and educational activities’’; and 

22 (iii) by striking ‘‘, in the opinion of 

23 the Administrator,’’; 

24 (M) in paragraph (17), as so redesignated, 

25 by striking ‘‘family income,’’ and inserting 


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1 ‘‘ethnicity, family income, sexual orientation, 

2 gender identity,’’; 

3 (N) in paragraph (24), as so redesig4 nated— 

5 (i) in subparagraph (B), by striking 

6 ‘‘and’’ at the end; 

7 (ii) in subparagraph (C)— 

8 (I) in clause (i), by striking 

9 ‘‘and’’ at the end; 

10 (II) in clause (ii), by adding 

11 ‘‘and’’ at the end; and 

12 (III) by adding at the end the 

13 following: 

14 ‘‘(iii) if such court determines the ju15 venile should be placed in a secure deten16 tion facility or correctional facility for vio17 lating such order— 

18 ‘‘(I) the court shall issue a writ19 ten order that— 

20 ‘‘(aa) identifies the valid 

21 court order that has been vio22 lated; 

23 ‘‘(bb) specifies the factual 

24 basis for determining that there 

25 is reasonable cause to believe 


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1 that the juvenile has violated 

2 such order; 

3 ‘‘(cc) includes findings of 

4 fact to support a determination 

5 that there is no appropriate less 

6 restrictive alternative available to 

7 placing the juvenile in such a fa8 cility, with due consideration to 

9 the best interest of the juvenile; 

10 ‘‘(dd) specifies the length of 

11 time, not to exceed 7 days, that 

12 the juvenile may remain in a se13 cure detention facility or correc14 tional facility, and includes a 

15 plan for the juvenile’s release 

16 from such facility; and 

17 ‘‘(ee) may not be renewed or 

18 extended; and 

19 ‘‘(II) the court may not issue a 

20 second or subsequent order described 

21 in subclause (I) relating to a juvenile, 

22 unless the juvenile violates a valid 

23 court order after the date on which 

24 the court issues an order described in 

25 subclause (I);’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(D) there are procedures in place to en4 sure that any juvenile held in a secure detention 

5 facility or correctional facility pursuant to a 

6 court order described in this paragraph does 

7 not remain in custody longer than 7 days or the 

8 length of time authorized by the court, which 

9 ever is shorter; and 

10 ‘‘(E) not later than 3 years after the date 

11 of enactment of the Juvenile Justice and Delin12 quency Prevention Reauthorization Act of 2010, 

13 with not more than one 1-year extension if the 

14 State can demonstrate hardship as determined 

15 by the Administrator, the State will eliminate 

16 the use of valid court orders to provide secure 

17 lockup of status offenders;’’; 

18 (O) in paragraph (26), as so redesignated, 

19 by striking ‘‘section 222(d)’’ and inserting ‘‘sec20 tion 222(e)’’; 

21 (P) in paragraph (27), as so redesig22 nated— 

23 (i) by inserting ‘‘and in accordance 

24 with confidentiality concerns,’’ after ‘‘max25 imum extent practicable,’’; and 


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1 (ii) by striking the semicolon at the 

2 end and inserting the following: ‘‘, so as to 

3 provide for— 

4 ‘‘(A) a compilation of data reflecting infor5 mation on juveniles entering the juvenile justice 

6 system with a prior reported history as victims 

7 of child abuse or neglect through arrest, court 

8 intake, probation and parole, juvenile detention, 

9 and corrections; and 

10 ‘‘(B) a plan to use the data described in 

11 subparagraph (A) to provide necessary services 

12 for the treatment of victims of child abuse and 

13 neglect who have entered, or are at risk of en14 tering, the juvenile justice system;’’; 

15 (Q) in paragraph (28), as so redesig16 nated— 

17 (i) by striking ‘‘establish policies’’ and 

18 inserting ‘‘establish protocols, policies, pro19 cedures,’’; and 

20 (ii) by striking ‘‘and’’ at the end; 

21 (R) in paragraph (29), as so redesignated, 

22 by striking the period at the end and inserting 

23 a semicolon; and 

24 (S) by adding at the end the following: 


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1 ‘‘(30) provide for the coordinated use of funds 

2 provided under this Act with other Federal and 

3 State funds directed at juvenile delinquency preven4 tion and intervention programs; 

5 ‘‘(31) develop policies and procedures, and pro6 vide training for facility staff to eliminate the use of 

7 dangerous practices, unreasonable restraints, and 

8 unreasonable isolation, including by developing effec9 tive behavior management techniques; 

10 ‘‘(32) describe— 

11 ‘‘(A) how the State will ensure that mental 

12 health and substance abuse screening, assess13 ment, referral, and treatment for juveniles in 

14 the juvenile justice system includes efforts to 

15 implement an evidence-based mental health and 

16 substance abuse disorder screening and assess17 ment program for all juveniles held in a secure 

18 facility for a period of more than 24 hours that 

19 provides for 1 or more initial screenings and, if 

20 an initial screening of a juvenile demonstrates 

21 a need, further assessment; 

22 ‘‘(B) the method to be used by the State 

23 to provide screening and, where needed, assess24 ment, referral, and treatment for youth who re25 quest or show signs of needing mental health or 


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1 substance abuse screening, assessment, referral, 

2 or treatment during the period after the initial 

3 screening that the youth is incarcerated; 

4 ‘‘(C) the method to be used by the State 

5 to provide or arrange for mental health and 

6 substance abuse disorder treatment for juve7 niles determined to be in need of such treat8 ment; and 

9 ‘‘(D) the policies of the State designed to 

10 develop and implement comprehensive collabo11 rative State or local plans to meet the service 

12 needs of juveniles with mental health or sub13 stance abuse needs who come into contact with 

14 the justice system and the families of the juve15 niles; 

16 ‘‘(33) provide procedural safeguards to adju17 dicated juveniles, including— 

18 ‘‘(A) a written case plan for each juvenile, 

19 based on an assessment of the needs of the ju20 venile and developed and updated in consulta21 tion with the juvenile, the family of the juvenile, 

22 and, if appropriate, counsel for the juvenile, 

23 that— 


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1 ‘‘(i) describes the pre-release and 

2 post-release programs and reentry services 

3 that will be provided to the juvenile; 

4 ‘‘(ii) describes the living arrangement 

5 to which the juvenile is to be discharged; 

6 and 

7 ‘‘(iii) establishes a plan for the enroll8 ment of the juvenile in post-release health 

9 care, behavioral health care, educational, 

10 vocational, training, family support, preg11 nancy and parenting support, public assist12 ance, and legal services programs, as ap13 propriate; 

14 ‘‘(B) as appropriate, a hearing that— 

15 ‘‘(i) shall take place in a family or ju16 venile court or another court (including a 

17 tribal court) of competent jurisdiction, or 

18 by an administrative body appointed or ap19 proved by the court, not earlier than 30 

20 days before the date on which the juvenile 

21 is scheduled to be released, and at which 

22 the juvenile shall be represented by coun23 sel; and 

24 ‘‘(ii) shall determine the discharge 

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1 mination of whether a safe, appropriate, 

2 and permanent living arrangement has 

3 been secured for the juvenile and whether 

4 enrollment in health care, behavioral health 

5 care, educational, vocational, training, fam6 ily support, pregnancy and parenting sup7 port, public assistance, and legal services 

8 programs, as appropriate, has been ar9 ranged for the juvenile; and 

10 ‘‘(C) policies to ensure that discharge plan11 ning and procedures— 

12 ‘‘(i) are accomplished in a timely fash13 ion prior to the release from custody of 

14 each adjudicated juvenile; and 

15 ‘‘(ii) do not delay the release from 

16 custody of the juvenile; and 

17 ‘‘(34) provide a description of the use by the 

18 State of funds for reentry and aftercare services for 

19 juveniles released from the juvenile justice system.’’; 

20 (2) in subsection (c)— 

21 (A) in the matter preceding paragraph 

22 (1)— 

23 (i) by striking ‘‘applicable require24 ments of paragraphs (11), (12), (13), and 


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1 (22) of subsection (a)’’ and inserting ‘‘core 

2 requirements’’; and 

3 (ii) by striking ‘‘2001, then’’ and in4 serting ‘‘2010’’; 

5 (B) in paragraph (1)— 

6 (i) by striking ‘‘the subsequent fiscal 

7 year’’ and inserting ‘‘that fiscal year’’; and 

8 (ii) by striking ‘‘, and’’ at the end and 

9 inserting a semicolon; 

10 (C) in paragraph (2)(B)(ii)— 

11 (i) by inserting ‘‘, administrative,’’ 

12 after ‘‘appropriate executive’’; and 

13 (ii) by striking the period at the end 

14 and inserting ‘‘, as specified in section 

15 222(c); and’’; and 

16 (D) by adding at the end the following: 

17 ‘‘(3) the State shall submit to the Adminis18 trator a report detailing the reasons for noncompli19 ance with the core requirements, including the plan 

20 of the State to regain full compliance, and the State 

21 shall make publicly available such report, not later 

22 than 30 days after the date on which the Adminis23 trator approves the report, by posting the report on 

24 a publicly available website.’’; 

25 (3) in subsection (d)— 


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1 (A) by striking ‘‘section 222(d)’’ and in2 serting ‘‘section 222(e)’’; 

3 (B) by striking ‘‘described in paragraphs 

4 (11), (12), (13), and (22) of subsection (a)’’ 

5 and inserting ‘‘described in the core require6 ments’’; and 

7 (C) by striking ‘‘the requirements under 

8 paragraphs (11), (12), (13), and (22) of sub9 section (a)’’ and inserting ‘‘the core require10 ments’’; and 

11 (4) by striking subsection (f) and inserting the 

12 following: 

13 ‘‘(f) COMPLIANCE DETERMINATION.— 

14 ‘‘(1) IN GENERAL.—Not later than 60 days 

15 after the date of receipt of information indicating 

16 that a State may be out of compliance with any of 

17 the core requirements, the Administrator shall deter18 mine whether the State is in compliance with the 

19 core requirements. 

20 ‘‘(2) REPORTING.—The Administrator shall— 

21 ‘‘(A) issue an annual public report— 

22 ‘‘(i) describing any determination de23 scribed in paragraph (1) made during the 

24 previous year, including a summary of the 

25 information on which the determination is 


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1 based and the actions to be taken by the 

2 Administrator (including a description of 

3 any reduction imposed under subsection 

4 (c)); and 

5 ‘‘(ii) for any such determination that 

6 a State is out of compliance with any of 

7 the core requirements, describing the basis 

8 for the determination; and 

9 ‘‘(B) make the report described in sub10 paragraph (A) available on a publicly available 

11 website. 

12 ‘‘(g) TECHNICAL ASSISTANCE.— 

13 ‘‘(1) ORGANIZATION OF STATE ADVISORY

14 GROUP MEMBER REPRESENTATIVES.—The Adminis15 trator shall provide technical and financial assist16 ance to an agency, institution, or organization to as17 sist in carrying out the activities described in para18 graph (3). The functions and activities of an agency, 

19 institution, or organization under this subsection 

20 shall not be subject to the Federal Advisory Com21 mittee Act. 

22 ‘‘(2) COMPOSITION.—To be eligible to receive 

23 assistance under this subsection, an agency, institu24 tion, or organization shall— 

25 ‘‘(A) be governed by individuals who— 


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1 ‘‘(i) have been appointed by a chief 

2 executive of a State to serve as a member 

3 of a State advisory group established 

4 under subsection (a)(3); and 

5 ‘‘(ii) are elected to serve as a gov6 erning officer of such an agency, institu7 tion, or organization by a majority of the 

8 member Chairs (or the designees of the 

9 member Chairs) of all State advisory 

10 groups established under subsection (a)(3); 

11 ‘‘(B) include member representatives— 

12 ‘‘(i) from a majority of the State advi13 sory groups established under subsection 

14 (a)(3); and 

15 ‘‘(ii) who are representative of region16 ally and demographically diverse State ju17 risdictions; and 

18 ‘‘(C) annually seek advice from the Chairs 

19 (or the designees of the member Chairs) of each 

20 State advisory group established under sub21 section (a)(3) to implement the advisory func22 tions specified in subparagraphs (D) and (E) of 

23 paragraph (3) of this subsection. 


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1 ‘‘(3) ACTIVITIES.—To be eligible to receive as2 sistance under this subsection, an agency, institu3 tion, or organization shall agree to— 

4 ‘‘(A) conduct an annual conference of the 

5 member representatives of the State advisory 

6 groups established under subsection (a)(3) for 

7 purposes relating to the activities of such State 

8 advisory groups; 

9 ‘‘(B) disseminate information, data, stand10 ards, advanced techniques, and program mod11 els; 

12 ‘‘(C) review Federal policies regarding ju13 venile justice and delinquency prevention; 

14 ‘‘(D) advise the Administrator regarding 

15 particular functions or aspects of the work of 

16 the Office; and 

17 ‘‘(E) advise the President and Congress re18 garding State perspectives on the operation of 

19 the Office and Federal legislation relating to ju20 venile justice and delinquency prevention.’’. 

21 SEC. 206. AUTHORITY TO MAKE GRANTS. 

22 Section 241(a) of the Juvenile Justice and Delin23 quency Prevention Act of 1974 (42 U.S.C. 5651(a)) is 

24 amended— 


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1 (1) in paragraph (1), by inserting ‘‘status of2 fenders,’’ before ‘‘juvenile offenders, and juveniles’’; 

3 (2) in paragraph (5), by striking ‘‘juvenile of4 fenders and juveniles’’ and inserting ‘‘status offend5 ers, juvenile offenders, and juveniles’’; 

6 (3) in paragraph (10), by inserting ‘‘, including 

7 juveniles with disabilities’’ before the semicolon; 

8 (4) in paragraph (17), by inserting ‘‘truancy 

9 prevention and reduction,’’ after ‘‘mentoring,’’; 

10 (5) in paragraph (24), by striking ‘‘and’’ at the 

11 end; 

12 (6) by redesignating paragraph (25) as para13 graph (26); and 

14 (7) by inserting after paragraph (24) the fol15 lowing: 

16 ‘‘(25) projects that support the establishment of 

17 partnerships between a State and a university, insti18 tution of higher education, or research center de19 signed to improve the recruitment, selection, train20 ing, and retention of professional personnel in the 

21 fields of medicine, law enforcement, judiciary, juve22 nile justice, social work and child protection, edu23 cation, and other relevant fields who are engaged in, 

24 or intend to work in, the field of prevention, identi25 fication, and treatment of delinquency; and’’. 


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1 SEC. 207. GRANTS TO INDIAN TRIBES. 

2 (a) IN GENERAL.—Section 246(a)(2) of the Juvenile 

3 Justice and Delinquency Prevention Act of 1974 (42 

4 U.S.C. 5656(a)(2)) is amended— 

5 (1) by striking subparagraph (A); 

6 (2) by redesignating subparagraphs (B) 

7 through (E) as subparagraphs (A) through (D), re8 spectively; and 

9 (3) in subparagraph (B)(ii), as so redesignated, 

10 by striking ‘‘subparagraph (B)’’ and inserting ‘‘sub11 paragraph (A)’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

13 Section 223(a)(7)(A) of the Juvenile Justice and Delin14 quency Prevention Act of 1974 (42 U.S.C. 5633(a)(7)(A)) 

15 is amended by striking ‘‘(including any geographical area 

16 in which an Indian tribe performs law enforcement func17 tions)’’ and inserting ‘‘(including any geographical area of 

18 which an Indian tribe has jurisdiction)’’. 

19 SEC. 208. RESEARCH AND EVALUATION; STATISTICAL 

20 ANALYSES; INFORMATION DISSEMINATION. 

21 (a) IN GENERAL.—Section 251 of the Juvenile Jus22 tice and Delinquency Prevention Act of 1974 (42 U.S.C. 

23 5661) is amended— 

24 (1) in subsection (a)— 

25 (A) in paragraph (1)— 


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1 (i) in the matter proceeding subpara2 graph (A), by striking ‘‘may’’ and inserting 

3 ‘‘shall’’; 

4 (ii) in subparagraph (A), by striking 

5 ‘‘plan and identify’’ and inserting ‘‘annu6 ally provide a written and publicly avail7 able plan to identify’’; and 

8 (iii) in subparagraph (B)— 

9 (I) by amending clause (iii) to 

10 read as follows: 

11 ‘‘(iii) successful efforts to prevent status 

12 offenders and first-time minor offenders from 

13 subsequent involvement with the criminal jus14 tice system;’’; 

15 (II) by amending clause (vii) to 

16 read as follows: 

17 ‘‘(vii) the prevalence and duration of be18 havioral health needs (including mental health, 

19 substance abuse, and co-occurring disorders) 

20 among juveniles pre-placement and post-place21 ment when held in the custody of secure deten22 tion and corrections facilities, including an ex23 amination of the effects of confinement;’’; 


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1 (III) by redesignating clauses 

2 (ix), (x), and (xi) as clauses (xi), (xii), 

3 and (xiii), respectively; and 

4 (IV) by inserting after clause 

5 (viii) the following: 

6 ‘‘(ix) training efforts and reforms that 

7 have produced reductions in or elimination of 

8 the use of dangerous practices; 

9 ‘‘(x) methods to improve the recruitment, 

10 selection, training, and retention of professional 

11 personnel in the fields of medicine, law enforce12 ment, judiciary, juvenile justice, social work and 

13 child protection, education, and other relevant 

14 fields who are engaged in, or intend to work in, 

15 the field of prevention, identification, and treat16 ment of delinquency;’’; 

17 (B) in paragraph (4)— 

18 (i) in the matter preceding subpara19 graph (A), by inserting ‘‘and not later than 

20 1 year after the date of enactment of the 

21 Juvenile Justice and Delinquency Preven22 tion Reauthorization Act of 2010’’ after 

23 ‘‘date of enactment of this paragraph’’; 

24 (ii) in subparagraph (F), by striking 

25 ‘‘and’’ at the end; 


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1 (iii) in subparagraph (G), by striking 

2 the period at the end and inserting a semi3 colon; and 

4 (iv) by adding at the end the fol5 lowing: 

6 ‘‘(H) a description of the best practices in dis7 charge planning; and 

8 ‘‘(I) an assessment of living arrangements for 

9 juveniles who cannot return to the homes of the ju10 veniles.’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(5) Not later than 3 years after the date of 

13 enactment of this paragraph, the Administrator 

14 shall— 

15 ‘‘(A) complete a study with respect to 

16 meeting the needs of female youth and of youth 

17 with a prior history of sexual or physical victim18 ization, which shall include— 

19 ‘‘(i) identifying screening and assess20 ment tools that have a favorable gender21 based performance rating and that effec22 tively identify histories of child abuse, sex23 ual assault, dating violence, other sexual 

24 victimization, and witnessing domestic vio25 lence; 


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1 ‘‘(ii) identifying links between expo2 sure to violence and abuse (including do3 mestic violence, dating violence, and sexual 

4 assault) and behaviors that bring youth 

5 into contact with the juvenile justice sys6 tem that could assist with the goal of de7 veloping better services and care for youth 

8 who are exposed to such violence and 

9 abuse and who come into contact with the 

10 juvenile justice system; 

11 ‘‘(iii) assessing whether the provision 

12 of educational and recreational programs 

13 for female youth is equitable compared to 

14 the provision of such programs for males; 

15 and 

16 ‘‘(iv) identifying and evaluating gen17 der-specific care and practices for juvenile 

18 offenders, including— 

19 ‘‘(I) care and practices related to 

20 hygiene needs, pregnancy and sexual 

21 health, access to family (including 

22 children of offenders), and the provi23 sion of services and treatment for cur24 rent and past physical or sexual vic25 timization; 


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1 ‘‘(II) the availability of equal ac2 cess for males and females to pro3 grams and services, including opportu4 nities for physical exercise; and 

5 ‘‘(III) practices related to gen6 der-responsive training for staff, su7 pervision of female youth by female 

8 staff, restraint and isolation practices; 

9 and protection from abuse while in in10 stitutions; and 

11 ‘‘(v) evaluating prevention, treatment, 

12 or rehabilitation programs for female youth 

13 that are promising or research-based with 

14 the goal of identifying a set of evidence15 based programs for such youth; and 

16 ‘‘(B) submit to Congress and the President 

17 a report on the results of the study carried out 

18 under subparagraph (A), including rec19 ommendations on the following: 

20 ‘‘(i) A standard set of screening and 

21 assessment tools described in subpara22 graph (A)(i), based on the study of tools 

23 conducted under such subparagraph, that 

24 may be used to screen and assess juvenile 

25 offenders. 


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1 ‘‘(ii) Appropriate training for per2 sonnel working with female juveniles who 

3 are victims of sexual violence. 

4 ‘‘(iii) Referral to services or treat5 ment. 

6 ‘‘(iv) Cross-agency collaboration. 

7 ‘‘(v) Issues related to confidentiality. 

8 ‘‘(vi) Standards for gender-specific 

9 care and practices for juvenile offenders, 

10 based on the study of such care and prac11 tices conducted under subparagraph 

12 (A)(iv).’’; 

13 (2) in subsection (b), in the matter preceding 

14 paragraph (1), by striking ‘‘may’’ and inserting 

15 ‘‘shall’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(f) NATIONAL RECIDIVISM MEASURE.—The Admin18 istrator, in consultation with experts in the field of juve19 nile justice research, recidivism, and data collection, 

20 shall— 

21 ‘‘(1) establish a uniform method of data collec22 tion and technology that States shall use to evaluate 

23 data on juvenile recidivism on an annual basis; 

24 ‘‘(2) establish a common national juvenile re25 cidivism measurement system; and 


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1 ‘‘(3) make cumulative juvenile recidivism data 

2 that is collected from States available to the pub3 lic.’’. 

4 (b) STUDIES.— 

5 (1) ASSESSMENT OF TREATING JUVENILES AS

6 ADULTS.—The Administrator shall— 

7 (A) not later than 3 years after the date 

8 of enactment of this Act, assess the effective9 ness of the practice of treating youth under 18 

10 years of age as adults for purposes of prosecu11 tion in criminal court; and 

12 (B) not later than 42 months after the 

13 date of enactment of this Act, submit to Con14 gress and the President, and make publicly 

15 available, a report on the findings and conclu16 sions of the assessment under subparagraph 

17 (A) and any recommended changes in law iden18 tified as a result of the assessment under sub19 paragraph (A). 

20 (2) OUTCOME STUDY OF FORMER JUVENILE

21 OFFENDERS.—The Administrator shall conduct a 

22 study of adjudicated juveniles and publish a report 

23 on the outcomes for juveniles who have reintegrated 

24 into the community, which shall include information 

25 on the outcomes relating to family reunification, 


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1 housing, education, employment, health care, behav2 ioral health care, and repeat offending. 

3 (3) DISABILITIES.—Not later than 2 years 

4 after the date of enactment of this Act, the Adminis5 trator shall conduct a study that addresses the prev6 alence of disability and various types of disabilities 

7 in the juvenile justice population. 

8 (4) DEFINITION OF ADMINISTRATOR.—In this 

9 subsection, the term ‘‘Administrator’’ means the 

10 head of the Office of Juvenile Justice and Delin11 quency Prevention. 

12 SEC. 209. TRAINING AND TECHNICAL ASSISTANCE. 

13 Section 252 of the Juvenile Justice and Delinquency 

14 Prevention Act of 1974 (42 U.S.C. 5662) is amended— 

15 (1) in subsection (a)— 

16 (A) in the matter preceding paragraph (1), 

17 by striking ‘‘may’’; 

18 (B) in paragraph (1), by inserting ‘‘shall’’ 

19 before ‘‘develop and carry out projects’’; and 

20 (C) in paragraph (2), by inserting ‘‘may’’ 

21 before ‘‘make grants to and contracts with’’; 

22 (2) in subsection (b)— 

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘may’’; 

25 (B) in paragraph (1)— 


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1 (i) by inserting ‘‘shall’’ before ‘‘de2 velop and implement projects’’; and 

3 (ii) by striking ‘‘and’’ at the end; 

4 (C) in paragraph (2)— 

5 (i) by inserting ‘‘may’’ before ‘‘make 

6 grants to and contracts with’’; and 

7 (ii) by striking the period at the end 

8 and inserting a semicolon; and 

9 (D) by adding at the end the following: 

10 ‘‘(3) shall provide technical assistance to States 

11 and units of local government on achieving compli12 ance with the amendments made by the Juvenile 

13 Justice and Delinquency Prevention Reauthorization 

14 Act of 2010; and 

15 ‘‘(4) shall provide technical assistance to States 

16 in support of efforts to establish partnerships be17 tween the State and an institution of higher edu18 cation or research center designed to improve the re19 cruitment, selection, training, and retention of pro20 fessional personnel in the fields of medicine, law en21 forcement, judiciary, juvenile justice, social work and 

22 child protection, education, and other relevant fields 

23 who are engaged in, or intend to work in, the field 

24 of prevention, identification, and treatment of delin25 quency.’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(d) TECHNICAL ASSISTANCE TO STATES REGARD3 ING LEGAL REPRESENTATION OF CHILDREN.—The Ad4 ministrator shall develop and issue standards of practice 

5 for attorneys representing children, and ensure that the 

6 standards are adapted for use in States. 

7 ‘‘(e) TRAINING AND TECHNICAL ASSISTANCE FOR

8 LOCAL AND STATE JUVENILE DETENTION AND CORREC9 TIONS PERSONNEL.—The Administrator shall coordinate 

10 training and technical assistance programs with juvenile 

11 detention and corrections personnel of States and units 

12 of local government to— 

13 ‘‘(1) promote methods for improving conditions 

14 of juvenile confinement, including those that are de15 signed to minimize the use of dangerous practices, 

16 unreasonable restraints, and isolation; and 

17 ‘‘(2) encourage alternative behavior manage18 ment techniques. 

19 ‘‘(f) TRAINING AND TECHNICAL ASSISTANCE TO

20 SUPPORT MENTAL HEALTH OR SUBSTANCE ABUSE

21 TREATMENT INCLUDING HOME-BASED OR COMMUNITY22 BASED CARE.—The Administrator shall provide training 

23 and technical assistance, in conjunction with the appro24 priate public agencies, to individuals involved in making 

25 decisions regarding the disposition of cases for youth who 


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1 enter the juvenile justice system about the appropriate 

2 services and placement for youth with mental health or 

3 substance abuse needs, including— 

4 ‘‘(1) juvenile justice intake personnel; 

5 ‘‘(2) probation officers; 

6 ‘‘(3) juvenile court judges and court services 

7 personnel; 

8 ‘‘(4) prosecutors and court-appointed counsel; 

9 and 

10 ‘‘(5) family members of juveniles and family ad11 vocates. 

12 ‘‘(g) TRAINING TO MEET THE NEEDS OF FEMALE

13 YOUTH IN CONTACT WITH THE JUVENILE JUSTICE SYS14 TEM.—The Administrator shall provide training to law en15 forcement, juvenile court judges, attorneys, and staff who 

16 work with youth in detention related to— 

17 ‘‘(1) the benefits and availability of community18 based alternatives to incarceration, especially for 

19 youth who have experienced physical or sexual abuse 

20 or other trauma; 

21 ‘‘(2) indicators of possible abuse (including 

22 child abuse, domestic violence, dating violence, and 

23 sexual assault), and proper referral of youth who 

24 demonstrate such indicators for further assessment 

25 and services; 


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1 ‘‘(3) examples of possible bias in arrest patterns 

2 and case processing, such as detention for technical 

3 violations, detention to protect female youth from 

4 sexual victimization, and intolerance of female youth 

5 who violate social norms related to sexuality and 

6 compliance; and 

7 ‘‘(4) strength-based and gender-responsive pro8 gramming.’’. 

9 SEC. 210. GRANTS FOR YOUTH AND FAMILY SERVING ORGA10 NIZATIONS. 

11 Section 261 of the Juvenile Justice and Delinquency 

12 Prevention Act of 1974 (42 U.S.C. 5665) is amended by 

13 adding at the end the following: 

14 ‘‘(c) GRANTS FOR YOUTH AND FAMILY SERVING OR15 GANIZATIONS.— 

16 ‘‘(1) IN GENERAL.—The Administrator, using a 

17 competitive process, may make grants to and enter 

18 contracts with qualified youth and family serving or19 ganizations, or combinations thereof, to provide an 

20 integrated continuum of services and programs for 

21 the prevention, control, or reduction of juvenile de22 linquency. 

23 ‘‘(2) DEFINITIONS.—In this subsection— 

24 ‘‘(A) the term ‘integrated continuum of 

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1 ices and programs for youth at risk of becoming 

2 juvenile offenders and families of such youth, 

3 with each service or program— 

4 ‘‘(i) sharing a well-defined set of pro5 cedures and practices that are applied 

6 similarly in different situations and pro7 grams; 

8 ‘‘(ii) being replicable and producing 

9 results that can be observed, tracked, and 

10 measured; 

11 ‘‘(iii) sharing a common theory and 

12 philosophy of care; 

13 ‘‘(iv) operating in a manner that al14 lows youth and families to move across dif15 ferent service levels and expect and experi16 ence the same teaching methods, language, 

17 expectations, and outcome goals from care18 givers and other providers; and 

19 ‘‘(v) allowing each youth and family to 

20 maintain and build on the success achieved 

21 at a previous level of service; and 

22 ‘‘(B) the term ‘qualified youth and family 

23 serving organization’ means a private, nonprofit 

24 youth and family serving organization that— 


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1 ‘‘(i) provides an integrated continuum 

2 of programs and services for youth at risk 

3 of becoming juvenile offenders and the 

4 families of such youth in areas affected by 

5 poverty and violence; 

6 ‘‘(ii) serves a large percentage of eligi7 ble youth at risk of becoming juvenile of8 fenders and provides evidence-based, or 

9 evidence-informed, services and programs; 

10 ‘‘(iii) teaches social and independent 

11 living skills for youth and families, builds 

12 healthy relationships between youth and 

13 families, and promotes self-government and 

14 self-determination for all youth and fami15 lies served; and 

16 ‘‘(iv) is successful in balancing public 

17 funds with private donations and maxi18 mizing community involvement.’’. 

19 SEC. 211. INCENTIVE GRANTS FOR STATE AND LOCAL PRO20 GRAMS. 

21 Title II of the Juvenile Justice and Delinquency Pre22 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amend23 ed— 

24 (1) by redesignating part F as part G; and 

25 (2) by inserting after part E the following: 


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1 ‘‘PART F—INCENTIVE GRANTS FOR STATE AND 

2 LOCAL PROGRAMS 

3 ‘‘SEC. 271. INCENTIVE GRANTS. 

4 ‘‘(a) INCENTIVE GRANT FUNDS.— 

5 ‘‘(1) IN GENERAL.—The Administrator may 

6 make incentive grants to a State, unit of local gov7 ernment, or combination of States and local govern8 ments to assist a State, unit of local government, or 

9 combination thereof in carrying out an activity iden10 tified in subsection (b)(1). 

11 ‘‘(2) LIMITED ELIGIBILITY.—Notwithstanding 

12 paragraph (1), the Administrator may only make in13 centive grants to carry out the activities described in 

14 subparagraph (F) of subsection (b)(1) to eligible 

15 States. For the purposes of this paragraph, an eligi16 ble State is— 

17 ‘‘(A) a State that the Administrator deter18 mines, at the time of application for such a 

19 grant, is not engaged in comprehensive deten20 tion reform based upon national best practices 

21 (as defined in section 103); or 

22 ‘‘(B) a State that the Administrator deter23 mines, at the time of application for such a 

24 grant, is engaged in such comprehensive deten25 tion reform based upon national best practices, 

26 but that demonstrates to the Administrator 


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1 that the State will use such a grant to enhance 

2 or expand such reform (such as by expanding 

3 such reform to include additional local jurisdic4 tions in the State, or by building a State infra5 structure capable of supporting and sustaining 

6 detention reform at the local level). 

7 ‘‘(b) USE OF FUNDS.— 

8 ‘‘(1) IN GENERAL.—An incentive grant made by 

9 the Administrator under this section may be used 

10 to— 

11 ‘‘(A) increase the use of evidence-based or 

12 promising prevention and intervention pro13 grams; 

14 ‘‘(B) improve the recruitment, selection, 

15 training, and retention of professional personnel 

16 (including in the fields of medicine, law enforce17 ment, judiciary, juvenile justice, social work, 

18 and child prevention) who are engaged in, or in19 tend to work in, the field of prevention, inter20 vention, and treatment of juveniles to reduce 

21 delinquency; 

22 ‘‘(C) establish or support a partnership be23 tween juvenile justice agencies of a State or 

24 unit of local government and mental health au25 thorities of State or unit of local government to 


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1 establish and implement programs to ensure 

2 there are adequate mental health and substance 

3 abuse screening, assessment, referral, treat4 ment, and after-care services for juveniles who 

5 come into contact with the juvenile justice sys6 tem by— 

7 ‘‘(i) carrying out programs that divert 

8 from incarceration juveniles who come into 

9 contact with the juvenile justice system 

10 (including facilities contracted for oper11 ation by State or local juvenile authorities) 

12 and have mental health or substance abuse 

13 needs— 

14 ‘‘(I) when such juveniles are at 

15 imminent risk of being taken into cus16 tody; 

17 ‘‘(II) at the time such juveniles 

18 are initially taken into custody; 

19 ‘‘(III) after such juveniles are 

20 charged with an offense or act of juve21 nile delinquency; 

22 ‘‘(IV) after such juveniles are ad23 judicated delinquent and before case 

24 disposition; and 


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1 ‘‘(V) after such juveniles are 

2 committed to secure placement; or 

3 ‘‘(ii) improving treatment of juveniles 

4 with mental health needs by working to en5 sure— 

6 ‘‘(I) that— 

7 ‘‘(aa) initial mental health 

8 screening is— 

9 ‘‘(AA) completed for a 

10 juvenile immediately upon 

11 entering the juvenile justice 

12 system or a juvenile facility; 

13 and 

14 ‘‘(BB) conducted by 

15 qualified health and mental 

16 health professionals or by 

17 staff who have been trained 

18 by qualified health, mental 

19 health, and substance abuse 

20 professionals; and 

21 ‘‘(bb) in the case of screen22 ing, results that indicate possible 

23 need for mental health or sub24 stance abuse services are re25 viewed by qualified mental health 


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1 or substance abuse treatment 

2 professionals not later than 24 

3 hours after the screening; 

4 ‘‘(II) that a juvenile who suffers 

5 from an acute mental disorder, is sui6 cidal, or is in need of medical atten7 tion due to intoxication is— 

8 ‘‘(aa) placed in or imme9 diately transferred to an appro10 priate medical or mental health 

11 facility; and 

12 ‘‘(bb) only admitted to a se13 cure correctional facility with 

14 written medical clearance; 

15 ‘‘(III) that— 

16 ‘‘(aa) for a juvenile identi17 fied by a screening as needing a 

18 mental health assessment, the 

19 mental health assessment and 

20 any indicated comprehensive eval21 uation or individualized treat22 ment plan are written and imple23 mented— 

24 ‘‘(AA) not later than 2 

25 weeks after the date on 


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1 which the juvenile enters the 

2 juvenile justice system; or 

3 ‘‘(BB) if a juvenile is 

4 entering a secure facility, 

5 not later than 1 week after 

6 the date on which the juve7 nile enters the juvenile jus8 tice system; and 

9 ‘‘(bb) the assessments de10 scribed in item (aa) are com11 pleted by qualified health, mental 

12 health, and substance abuse pro13 fessionals; 

14 ‘‘(IV) that— 

15 ‘‘(aa) if the need for treat16 ment is indicated by the assess17 ment of a juvenile, the juvenile is 

18 referred to or treated by a quali19 fied professional; 

20 ‘‘(bb) a juvenile who is re21 ceiving treatment for a mental 

22 health or substance abuse need 

23 on the date of the assessment 

24 continues to receive treatment; 


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1 ‘‘(cc) treatment of a juvenile 

2 continues until a qualified mental 

3 health professional determines 

4 that the juvenile is no longer in 

5 need of treatment; and 

6 ‘‘(dd) treatment plans for 

7 juveniles are reevaluated at least 

8 every 30 days; 

9 ‘‘(V) that— 

10 ‘‘(aa) discharge plans are 

11 prepared for an incarcerated ju12 venile when the juvenile enters 

13 the correctional facility in order 

14 to integrate the juvenile back 

15 into the family and the commu16 nity; 

17 ‘‘(bb) discharge plans for an 

18 incarcerated juvenile are updated, 

19 in consultation with the family or 

20 guardian of a juvenile, before the 

21 juvenile leaves the facility; and 

22 ‘‘(cc) discharge plans ad23 dress the provision of aftercare 

24 services; 


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1 ‘‘(VI) that any juvenile in the ju2 venile justice system receiving psycho3 tropic medications is— 

4 ‘‘(aa) under the care of a li5 censed psychiatrist; and 

6 ‘‘(bb) monitored regularly by 

7 trained staff to evaluate the effi8 cacy and side effects of the psy9 chotropic medications; and 

10 ‘‘(VII) that specialized treatment 

11 and services are continually available 

12 to a juvenile in the juvenile justice 

13 system who has— 

14 ‘‘(aa) a history of mental 

15 health needs or treatment; 

16 ‘‘(bb) a documented history 

17 of sexual offenses or sexual 

18 abuse, as a victim or perpetrator; 

19 ‘‘(cc) substance abuse needs 

20 or a health problem, learning dis21 ability, or history of family abuse 

22 or violence; or 

23 ‘‘(dd) developmental disabil24 ities; 


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1 ‘‘(D) provide training, in conjunction with 

2 the public or private agency that provides men3 tal health services, to individuals involved in 

4 making decisions involving youth who enter the 

5 juvenile justice system (including intake per6 sonnel, law enforcement, prosecutors, juvenile 

7 court judges, public defenders, mental health 

8 and substance abuse service providers and ad9 ministrators, probation officers, and parents) 

10 that focuses on— 

11 ‘‘(i) the availability of screening and 

12 assessment tools and the effective use of 

13 such tools; 

14 ‘‘(ii) the purpose, benefits, and need 

15 to increase availability of mental health or 

16 substance abuse treatment programs (in17 cluding home-based and community-based 

18 programs) available to juveniles within the 

19 jurisdiction of the recipient; 

20 ‘‘(iii) the availability of public and pri21 vate services available to juveniles to pay 

22 for mental health or substance abuse treat23 ment programs; or 

24 ‘‘(iv) the appropriate use of effective 

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1 natives to juvenile justice or mental health 

2 system institutional placement; 

3 ‘‘(E) develop comprehensive collaborative 

4 plans to address the service needs of juveniles 

5 with mental health or substance abuse disorders 

6 who are at risk of coming into contact with the 

7 juvenile justice system that— 

8 ‘‘(i) revise and improve the delivery of 

9 intensive home-based and community-based 

10 services to juveniles who have been in con11 tact with (or who are at risk of coming 

12 into contact with) the juvenile justice sys13 tem; 

14 ‘‘(ii) determine how the service needs 

15 of juveniles with mental health or sub16 stance abuse disorders who come into con17 tact with the juvenile justice system will be 

18 furnished from the initial detention stage 

19 until after discharge in order for these ju20 veniles to avoid further contact with the 

21 justice system; 

22 ‘‘(iii) demonstrate that the State or 

23 unit of local government has entered into 

24 appropriate agreements with all entities re25 sponsible for providing services under the 


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1 plan, such as the agency of the State or 

2 unit of local government charged with ad3 ministering juvenile justice programs, the 

4 agency of the State or unit of local govern5 ment charged with providing mental health 

6 services, the agency of the State or unit of 

7 local government charged with providing 

8 substance abuse treatment services, the 

9 educational agency of the State or unit of 

10 local government, the child welfare system 

11 of the State or local government, and pri12 vate nonprofit community-based organiza13 tions; 

14 ‘‘(iv) ensure that the State or unit of 

15 local government has in effect any laws 

16 necessary for services to be delivered in ac17 cordance with the plan; 

18 ‘‘(v) establish a network of individuals 

19 (or incorporates an existing network) to 

20 provide coordination between mental health 

21 service providers, substance abuse service 

22 providers, probation and parole officers, 

23 judges, corrections personnel, law enforce24 ment personnel, State and local edu25 cational agency personnel, parents and 


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1 families, and other appropriate parties re2 garding effective treatment of juveniles 

3 with mental health or substance abuse dis4 orders; 

5 ‘‘(vi) provide for cross-system training 

6 among law enforcement personnel, correc7 tions personnel, State and local educational 

8 agency personnel, mental health service 

9 providers, and substance abuse service pro10 viders to enhance collaboration among sys11 tems; 

12 ‘‘(vii) provide for coordinated and ef13 fective aftercare programs for juveniles 

14 who have been diagnosed with a mental 

15 health or substance abuse disorder and 

16 who are discharged from home-based care, 

17 community-based care, any other treat18 ment program, secure detention facilities, 

19 secure correctional facilities, or jail; 

20 ‘‘(viii) provide for the purchase of 

21 technical assistance to support the imple22 mentation of the plan; 

23 ‘‘(ix) estimate the costs of imple24 menting the plan and proposes funding 

25 sources sufficient to meet the non-Federal 


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1 funding requirements for implementation 

2 of the plan under subsection (c)(2)(E); 

3 ‘‘(x) describe the methodology to be 

4 used to identify juveniles at risk of coming 

5 into contact with the juvenile justice sys6 tem; 

7 ‘‘(xi) provide a written plan to ensure 

8 that all training and services provided 

9 under the plan will be culturally and lin10 guistically competent; and 

11 ‘‘(xii) describe the outcome measures 

12 and benchmarks that will be used to evalu13 ate the progress and effectiveness of the 

14 plan; and 

15 ‘‘(F) support State and local efforts to pro16 mote comprehensive detention reform based 

17 upon national best practices (as defined in sec18 tion 103), including— 

19 ‘‘(i) providing funding to States for 

20 use by such States and units of local gov21 ernment within such States to conduct 

22 planning and implementation of such com23 prehensive detention reform; and 

24 ‘‘(ii) providing training, technical as25 sistance, travel costs, and other resources 


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1 to States for use by such States and units 

2 of local government within such States for 

3 efforts to implement the comprehensive de4 tention reform strategies described in para5 graph (41)(B) of section 103. 

6 ‘‘(2) COORDINATION AND ADMINISTRATION.—A 

7 State or unit of local government receiving a grant 

8 under this section shall ensure that— 

9 ‘‘(A) the use of the grant under this sec10 tion is developed as part of the State plan re11 quired under section 223(a); and 

12 ‘‘(B) not more than 5 percent of the 

13 amount received under this section is used for 

14 administration of the grant under this section. 

15 ‘‘(c) APPLICATION.— 

16 ‘‘(1) IN GENERAL.—A State or unit of local 

17 government desiring a grant under this section shall 

18 submit an application at such time, in such manner, 

19 and containing such information as the Adminis20 trator may prescribe. 

21 ‘‘(2) CONTENTS.—In accordance with guide22 lines that shall be established by the Administrator, 

23 each application for incentive grant funding under 

24 this section shall— 


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1 ‘‘(A) describe any activity or program the 

2 funding would be used for and how the activity 

3 or program is designed to carry out 1 or more 

4 of the activities described in subsection (b); 

5 ‘‘(B) if any of the funds provided under 

6 the grant would be used for evidence-based or 

7 promising prevention or intervention programs, 

8 include a detailed description of the studies, 

9 findings, or practice knowledge that support the 

10 assertion that such programs qualify as evi11 dence-based or promising; 

12 ‘‘(C) for any program for which funds pro13 vided under the grant would be used that is not 

14 evidence-based or promising, include a detailed 

15 description of any studies, findings, or practice 

16 knowledge which support the effectiveness of 

17 the program; 

18 ‘‘(D) if the funds provided under the grant 

19 will be used for an activity described in sub20 section (b)(1)(D), include a certification that 

21 the State or unit of local government— 

22 ‘‘(i) will work with public or private 

23 entities in the area to administer the train24 ing funded under subsection (b)(1)(D), to 

25 ensure that such training is comprehensive, 


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1 constructive, linguistically and culturally 

2 competent, and of a high quality; 

3 ‘‘(ii) is committed to a goal of increas4 ing the diversion of juveniles coming under 

5 its jurisdiction into appropriate home6 based or community-based care when the 

7 interest of the juvenile and public safety 

8 allow; 

9 ‘‘(iii) intends to use amounts provided 

10 under a grant under this section for an ac11 tivity described in subsection (b)(1)(D) to 

12 further such goal; and 

13 ‘‘(iv) has a plan to demonstrate, using 

14 appropriate benchmarks, the progress of 

15 the agency in meeting such goal; and 

16 ‘‘(E) if the funds provided under the grant 

17 will be used for an activity described in sub18 section (b)(1)(D), include a certification that 

19 not less than 25 percent of the total cost of the 

20 training described in subsection (b)(1)(D) that 

21 is conducted with the grant under this section 

22 will be contributed by non-Federal sources. 

23 ‘‘(d) REQUIREMENTS FOR GRANTS TO ESTABLISH

24 PARTNERSHIPS.— 


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1 ‘‘(1) MANDATORY REPORTING.—A State or unit 

2 of local government receiving a grant for an activity 

3 described in subsection (b)(1)(C) shall keep records 

4 of the incidence and types of mental health and sub5 stance abuse disorders in their juvenile justice popu6 lations, the range and scope of services provided, 

7 and barriers to service. The State or unit of local 

8 government shall submit an analysis of this informa9 tion yearly to the Administrator. 

10 ‘‘(2) STAFF RATIOS FOR CORRECTIONAL FA11 CILITIES.—A State or unit of local government re12 ceiving a grant for an activity described in sub13 section (b)(1)(C) shall require that a secure correc14 tional facility operated by or on behalf of that State 

15 or unit of local government— 

16 ‘‘(A) has a minimum ratio of not fewer 

17 than 1 mental health and substance abuse 

18 counselor for every 50 juveniles, who shall be 

19 professionally trained and certified or licensed; 

20 ‘‘(B) has a minimum ratio of not fewer 

21 than 1 clinical psychologist for every 100 juve22 niles; and 

23 ‘‘(C) has a minimum ratio of not fewer 

24 than 1 licensed psychiatrist for every 100 juve25 niles receiving psychiatric care. 


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1 ‘‘(3) LIMITATION ON ISOLATION.—A State or 

2 unit of local government receiving a grant for an ac3 tivity described in subsection (b)(1)(C) shall require 

4 that— 

5 ‘‘(A) isolation is used only for immediate 

6 and short-term security or safety reasons; 

7 ‘‘(B) no juvenile is placed in isolation with8 out approval of the facility superintendent or 

9 chief medical officer or their official staff des10 ignee; 

11 ‘‘(C) all instances in which a juvenile is 

12 placed in isolation are documented in the file of 

13 a juvenile along with the justification; 

14 ‘‘(D) a juvenile is in isolation only the 

15 amount of time necessary to achieve security 

16 and safety of the juvenile and staff; 

17 ‘‘(E) staff monitor each juvenile in isola18 tion once every 15 minutes and conduct a pro19 fessional review of the need for isolation at least 

20 every 4 hours; and 

21 ‘‘(F) any juvenile held in isolation for 24 

22 hours is examined by a physician or licensed 

23 psychologist. 

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1 ceiving a grant for an activity described in sub2 section (b)(1)(C) shall require that a correctional fa3 cility operated by or on behalf of that State or unit 

4 of local government has written policies and proce5 dures on suicide prevention. All staff working in a 

6 correctional facility operated by or on behalf of a 

7 State or unit of local government receiving a grant 

8 for an activity described in subsection (b)(1)(C) shall 

9 be trained and certified annually in suicide preven10 tion. A correctional facility operated by or on behalf 

11 of a State or unit of local government receiving a 

12 grant for an activity described in subsection 

13 (b)(1)(C) shall have a written arrangement with a 

14 hospital or other facility for providing emergency 

15 medical and mental health care. Physical and mental 

16 health services shall be available to an incarcerated 

17 juvenile 24 hours per day, 7 days per week. 

18 ‘‘(5) IDEA AND REHABILITATION ACT.—A 

19 State or unit of local government receiving a grant 

20 for an activity described in subsection (b)(1)(C) shall 

21 require that all juvenile facilities operated by or on 

22 behalf of the State or unit of local government abide 

23 by all mandatory requirements and timelines set 

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1 cation Act (20 U.S.C. 1400 et seq.) and section 504 

2 of the Rehabilitation Act of 1973 (29 U.S.C. 794). 

3 ‘‘(6) FISCAL RESPONSIBILITY.—A State or unit 

4 of local government receiving a grant for an activity 

5 described in subsection (b)(1)(C) shall provide for 

6 such fiscal control and fund accounting procedures 

7 as may be necessary to ensure prudent use, proper 

8 disbursement, and accurate accounting of funds re9 ceived under this section that are used for an activ10 ity described in subsection (b)(1)(C).’’. 

11 SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 

12 Section 299 of the Juvenile Justice and Delinquency 

13 Prevention Act of 1974 (42 U.S.C. 5671) is amended— 

14 (1) in subsection (a)— 

15 (A) in the subsection heading, by striking 

16 ‘‘PARTS C AND E’’ and inserting ‘‘PARTS C, E, 

17 AND F’’; 

18 (B) in paragraph (1), by striking ‘‘this 

19 title’’ and all that follows and inserting the fol20 lowing: ‘‘this title— 

21 ‘‘(A) $245,900,000 for fiscal year 2011; 

22 ‘‘(B) $295,100,000 for fiscal year 2012; 

23 ‘‘(C) $344,300,000 for fiscal year 2013; 

24 ‘‘(D) $393,500,000 for fiscal year 2014; and 

25 ‘‘(E) $442,700,000 for fiscal year 2015.’’; and 


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1 (C) in paragraph (2), in the matter pre2 ceding subparagraph (A), by striking ‘‘parts C 

3 and E’’ and inserting ‘‘parts C, E, and F’’; 

4 (2) in subsection (b), by striking ‘‘fiscal years 

5 2003, 2004, 2005, 2006, and 2007’’ and inserting 

6 ‘‘fiscal years 2011, 2012, 2013, 2014, and 2015’’; 

7 (3) in subsection (c)— 

8 (A) by inserting ‘‘(other than section 

9 216(c))’’ after ‘‘Part E’’; and 

10 (B) by striking ‘‘fiscal years 2003, 2004, 

11 2005, 2006, and 2007’’ and inserting ‘‘fiscal 

12 years 2011, 2012, 2013, 2014, and 2015’’; 

13 (4) by redesignating subsection (d) as sub14 section (f); and 

15 (5) by inserting after subsection (c) the fol16 lowing: 

17 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR

18 PART E, SECTION 261(c).—There are authorized to be 

19 appropriated to carry out section 261(c), and authorized 

20 to remain available until expended— 

21 ‘‘(1) $23,000,000 for each of fiscal years 2011, 

22 2012, and 2013; 

23 ‘‘(2) $8,000,000 for fiscal year 2014; and 

24 ‘‘(3) $3,000,000 for fiscal year 2015. 


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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS FOR PART

2 F.— 

3 ‘‘(1) IN GENERAL.—There are authorized to be 

4 appropriated to carry out part F, and authorized to 

5 remain available until expended, $80,000,000 for 

6 each of fiscal years 2011, 2012, 2013, 2014, and 

7 2015. 

8 ‘‘(2) ALLOCATION.—Of the sums that are ap9 propriated for a fiscal year to carry out part F— 

10 ‘‘(A) not less than 40 percent shall be used 

11 to fund programs that are carrying out an ac12 tivity described in subparagraph (C), (D), or 

13 (E) of section 271(b)(1); 

14 ‘‘(B) not less than 50 percent shall be used 

15 to fund programs that are carrying out an ac16 tivity described in subparagraph (A) of such 

17 section; and 

18 ‘‘(C) not less than 5 percent shall be used 

19 to fund activities described in subparagraph (F) 

20 of such section.’’. 

21 SEC. 213. ADMINISTRATIVE AUTHORITY. 

22 Section 299A(e) of the Juvenile Justice and Delin23 quency Prevention Act of 1974 (42 U.S.C. 5672(e)) is 

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1 graphs (11), (12), and (13) of section 223(a)’’ and insert2 ing ‘‘core requirements’’. 

3 SEC. 214. AUTHORITY FOR FEDERAL PRETRIAL SERVICES 

4 WITH RESPECT TO JUVENILES. 

5 Section 3154 of title 18, United States Code, is 

6 amended— 

7 (1) by redesignating paragraph (14) as para8 graph (15); and 

9 (2) by inserting after paragraph (13) the fol10 lowing: 

11 ‘‘(14) Perform, in a manner appropriate for ju12 veniles, any of the functions identified in this section 

13 with respect to juveniles awaiting adjudication, trial, 

14 or disposition under chapter 403 of this title who 

15 are not detained.’’. 

16 SEC. 215. TECHNICAL AND CONFORMING AMENDMENTS. 

17 The Juvenile Justice and Delinquency Prevention Act 

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

19 (1) in section 204(b)(6), by striking ‘‘section 

20 223(a)(15)’’ and inserting ‘‘section 223(a)(16)’’; 

21 (2) in section 246(a)(2)(D), by striking ‘‘section 

22 222(c)’’ and inserting ‘‘section 222(d)’’; and 

23 (3) in section 299D(b), of by striking ‘‘section 

24 222(c)’’ and inserting ‘‘section 222(d)’’. 


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1 TITLE III—INCENTIVE GRANTS 

2 FOR LOCAL DELINQUENCY 

3 PREVENTION PROGRAMS 

4 SEC. 301. DEFINITIONS. 

5 Section 502 of the Incentive Grants for Local Delin6 quency Prevention Programs Act of 2002 (42 U.S.C. 

7 5781) is amended— 

8 (1) in the section heading, by striking ‘‘DEFI9 NITION’’ and inserting ‘‘DEFINITIONS’’; and 

10 (2) by striking ‘‘this title, the term’’ and insert11 ing the following: ‘‘this title— 

12 ‘‘(1) the term ‘mentoring’ means matching 1 

13 adult with 1 or more youths (not to exceed 4 youths) 

14 for the purpose of providing guidance, support, and 

15 encouragement aimed at developing the character of 

16 the youths, where the adult and youths meet regu17 larly for not less than 4 hours each month for not 

18 less than a 9-month period; and 

19 ‘‘(2) the term’’. 

20 SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PRO21 GRAMS. 

22 Section 504(a) of the Incentive Grants for Local De23 linquency Prevention Programs Act of 2002 (42 U.S.C. 

24 5783(a)) is amended— 


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1 (1) in paragraph (7), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (8), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(9) mentoring programs.’’. 

7 SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 505 of the Incentive Grants for Local Delin9 quency Prevention Programs Act of 2002 (42 U.S.C. 

10 5784) is amended to read as follows: 

11 ‘‘SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘There are authorized to be appropriated to carry out 

13 this title— 

14 ‘‘(1) $322,800,000 for fiscal year 2011; 

15 ‘‘(2) $373,400,000 for fiscal year 2012; 

16 ‘‘(3) $424,000,000 for fiscal year 2013; 

17 ‘‘(4) $474,600,000 for fiscal year 2014; and 

18 ‘‘(5) $525,200,000 for fiscal year 2015.’’. 

19 SEC. 304. TECHNICAL AND CONFORMING AMENDMENT. 

20 The Juvenile Justice and Delinquency Prevention Act 

21 of 1974 is amended by striking title V, as added by the 

22 Juvenile Justice and Delinquency Prevention Act of 1974 

23 (Public Law 93–415; 88 Stat. 1133) (relating to miscella24 neous and conforming amendments). 


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1 TITLE IV—PRECAUTION ACT 

2 SEC. 401. SHORT TITLE. 

3 This title may be cited as the ‘‘Prevention Resources 

4 for Eliminating Criminal Activity Using Tailored Inter5 ventions in Our Neighborhoods Act of 2010’’ or the 

6 ‘‘PRECAUTION Act’’. 

7 SEC. 402. PURPOSES. 

8 The purposes of this title are to— 

9 (1) establish a commitment on the part of the 

10 Federal Government to provide leadership on suc11 cessful crime prevention and intervention strategies; 

12 (2) further the integration of crime prevention 

13 and intervention strategies into traditional law en14 forcement practices of State and local law enforce15 ment offices around the country; 

16 (3) develop a plain-language, implementation17 focused assessment of those current crime and delin18 quency prevention and intervention strategies that 

19 are supported by rigorous evidence; 

20 (4) provide additional resources to the National 

21 Institute of Justice to administer grants, contracts, 

22 and cooperative agreements for research and devel23 opment for promising crime prevention and interven24 tion strategies; 


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1 (5) develop recommendations for Federal prior2 ities for crime and delinquency prevention and inter3 vention research, development, and funding that 

4 may augment important Federal grant programs, in5 cluding the Edward Byrne Memorial Justice Assist6 ance Grant Program under subpart 1 of part E of 

7 title I of the Omnibus Crime Control and Safe 

8 Streets Act of 1968 (42 U.S.C. 3750 et seq.), grant 

9 programs administered by the Office of Community 

10 Oriented Policing Services of the Department of 

11 Justice, grant programs administered by the Office 

12 of Safe and Drug-Free Schools of the Department 

13 of Education, and other similar programs; and 

14 (6) reduce the costs that rising violent crime 

15 imposes on interstate commerce. 

16 SEC. 403. DEFINITIONS. 

17 In this title, the following definitions shall apply: 

18 (1) COMMISSION.—The term ‘‘Commission’’ 

19 means the National Commission on Public Safety 

20 Through Crime Prevention established under section 

21 404(a). 

22 (2) RIGOROUS EVIDENCE.—The term ‘‘rigorous 

23 evidence’’ means evidence generated by scientifically 

24 valid forms of outcome evaluation, particularly ran25 domized trials (where practicable). 


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1 (3) SUBCATEGORY.—The term ‘‘subcategory’’ 

2 means 1 of the following categories: 

3 (A) Family and community settings (in4 cluding public health-based strategies). 

5 (B) Law enforcement settings (including 

6 probation-based strategies). 

7 (C) School settings (including anti-gang 

8 and general anti-violence strategies). 

9 (4) TOP-TIER.—The term ‘‘top-tier’’ means any 

10 strategy supported by rigorous evidence of the siz11 able, sustained benefits to participants in the strat12 egy or to society. 

13 SEC. 404. NATIONAL COMMISSION ON PUBLIC SAFETY 

14 THROUGH CRIME PREVENTION. 

15 (a) ESTABLISHMENT.—There is established a com16 mission to be known as the National Commission on Pub17 lic Safety Through Crime Prevention. 

18 (b) MEMBERS.— 

19 (1) IN GENERAL.—The Commission shall be 

20 composed of 9 members, of whom— 

21 (A) 3 shall be appointed by the President, 

22 1 of whom shall be the Assistant Attorney Gen23 eral for the Office of Justice Programs or a 

24 representative of such Assistant Attorney Gen25 eral; 


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1 (B) 2 shall be appointed by the Speaker of 

2 the House of Representatives, unless the Speak3 er is of the same party as the President, in 

4 which case 1 shall be appointed by the Speaker 

5 of the House of Representatives and 1 shall be 

6 appointed by the minority leader of the House 

7 of Representatives; 

8 (C) 1 shall be appointed by the minority 

9 leader of the House of Representatives (in addi10 tion to any appointment made under subpara11 graph (B)); 

12 (D) 2 shall be appointed by the majority 

13 leader of the Senate, unless the majority leader 

14 is of the same party as the President, in which 

15 case 1 shall be appointed by the majority leader 

16 of the Senate and 1 shall be appointed by the 

17 minority leader of the Senate; and 

18 (E) 1 shall be appointed by the minority 

19 leader of the Senate (in addition to any ap20 pointment made under subparagraph (D)). 

21 (2) PERSONS ELIGIBLE.— 

22 (A) IN GENERAL.—Each member of the 

23 Commission shall be an individual who has 

24 knowledge or expertise in matters to be studied 

25 by the Commission. 


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1 (B) REQUIRED REPRESENTATIVES.—At 

2 least— 

3 (i) 2 members of the Commission 

4 shall be respected social scientists with ex5 perience implementing or interpreting rig6 orous, outcome-based trials; and 

7 (ii) 2 members of the Commission 

8 shall be law enforcement practitioners. 

9 (3) CONSULTATION REQUIRED.—The President, 

10 the Speaker of the House of Representatives, the mi11 nority leader of the House of Representatives, and 

12 the majority leader and minority leader of the Sen13 ate shall consult prior to the appointment of the 

14 members of the Commission to achieve, to the max15 imum extent possible, fair and equitable representa16 tion of various points of view with respect to the 

17 matters to be studied by the Commission. 

18 (4) TERM.—Each member shall be appointed 

19 for the life of the Commission. 

20 (5) TIME FOR INITIAL APPOINTMENTS.—The 

21 appointment of the members shall be made not later 

22 than 60 days after the date of enactment of this 

23 Act. 

24 (6) VACANCIES.—A vacancy in the Commission 

25 shall be filled in the manner in which the original 


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1 appointment was made, and shall be made not later 

2 than 60 days after the date on which the vacancy 

3 occurred. 

4 (7) EX OFFICIO MEMBERS.—The Director of 

5 the National Institute of Justice, the Director of the 

6 Office of Juvenile Justice and Delinquency Preven7 tion, the Director of the Community Capacity Devel8 opment Office, the Director of the Bureau of Justice 

9 Statistics, the Director of the Bureau of Justice As10 sistance, and the Director of Community Oriented 

11 Policing Services (or a representative of each such 

12 director) shall each serve in an ex officio capacity on 

13 the Commission to provide advice and information to 

14 the Commission. 

15 (c) OPERATION.— 

16 (1) CHAIRPERSON.—At the initial meeting of 

17 the Commission, the members of the Commission 

18 shall elect a chairperson from among its voting 

members, by a vote of 2 19 ⁄3 of the members of the 

20 Commission. The chairperson shall retain this posi21 tion for the life of the Commission. If the chair22 person leaves the Commission, a new chairperson 

shall be selected, by a vote of 2 23 ⁄3 of the members of 

24 the Commission. 


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1 (2) MEETINGS.—The Commission shall meet at 

2 the call of the chairperson. The initial meeting of the 

3 Commission shall take place not later than 30 days 

4 after the date on which all the members of the Com5 mission have been appointed. 

6 (3) QUORUM.—A majority of the members of 

7 the Commission shall constitute a quorum to con8 duct business, and the Commission may establish a 

9 lesser quorum for conducting hearings scheduled by 

10 the Commission. 

11 (4) RULES.—The Commission may establish by 

12 majority vote any other rules for the conduct of 

13 Commission business, if such rules are not incon14 sistent with this title or other applicable law. 

15 (d) PUBLIC HEARINGS.— 

16 (1) IN GENERAL.—The Commission shall hold 

17 public hearings. The Commission may hold such 

18 hearings, sit and act at such times and places, take 

19 such testimony, and receive such evidence as the 

20 Commission considers advisable to carry out its du21 ties under this section. 

22 (2) FOCUS OF HEARINGS.—The Commission 

23 shall hold at least 3 separate public hearings, each 

24 of which shall focus on 1 of the subcategories. 


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1 (3) WITNESS EXPENSES.—Witnesses requested 

2 to appear before the Commission shall be paid the 

3 same fees as are paid to witnesses under section 

4 1821 of title 28, United States Code. The per diem 

5 and mileage allowances for witnesses shall be paid 

6 from funds appropriated to the Commission. 

7 (e) COMPREHENSIVE STUDY OF EVIDENCE-BASED

8 CRIME PREVENTION AND INTERVENTION STRATEGIES.— 

9 (1) IN GENERAL.—The Commission shall carry 

10 out a comprehensive study of the effectiveness of 

11 crime and delinquency prevention and intervention 

12 strategies, organized around the 3 subcategories. 

13 (2) MATTERS INCLUDED.—The study under 

14 paragraph (1) shall include— 

15 (A) a review of research on the general ef16 fectiveness of incorporating crime prevention 

17 and intervention strategies into an overall law 

18 enforcement plan; 

19 (B) an evaluation of how to more effec20 tively communicate the wealth of social science 

21 research to practitioners; 

22 (C) a review of evidence regarding the ef23 fectiveness of specific crime prevention and 

24 intervention strategies, focusing on those strate25 gies supported by rigorous evidence; 


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1 (D) an identification of— 

2 (i) promising areas for further re3 search and development; and 

4 (ii) other areas representing gaps in 

5 the body of knowledge that would benefit 

6 from additional research and development; 

7 (E) an assessment of the best practices for 

8 implementing prevention and intervention strat9 egies; 

10 (F) an assessment of the best practices for 

11 gathering rigorous evidence regarding the im12 plementation of intervention and prevention 

13 strategies; and 

14 (G) an assessment of those top-tier strate15 gies best suited for duplication efforts in a 

16 range of settings across the country. 

17 (3) INITIAL REPORT ON TOP-TIER CRIME PRE18 VENTION AND INTERVENTION STRATEGIES.— 

19 (A) DISTRIBUTION.—Not later than 18 

20 months after the date on which all members of 

21 the Commission have been appointed, the Com22 mission shall submit a public report on the 

23 study carried out under this subsection to— 

24 (i) the President; 

25 (ii) Congress; 


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1 (iii) the Attorney General; 

2 (iv) the Chief Federal Public Defender 

3 of each district; 

4 (v) the chief executive of each State; 

5 (vi) the Director of the Administrative 

6 Office of the Courts of each State; 

7 (vii) the Director of the Administra8 tive Office of the United States Courts; 

9 and 

10 (viii) the attorney general of each 

11 State. 

12 (B) CONTENTS.—The report under sub13 paragraph (A) shall include— 

14 (i) the findings and conclusions of the 

15 Commission; 

16 (ii) a summary of the top-tier strate17 gies, including— 

18 (I) a review of the rigorous evi19 dence supporting the designation of 

20 each strategy as top-tier; 

21 (II) a brief outline of the keys to 

22 successful implementation for each 

23 strategy; and 

24 (III) a list of references and 

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1 formation on each strategy can be 

2 found; 

3 (iii) recommended protocols for imple4 menting crime and delinquency prevention 

5 and intervention strategies generally; 

6 (iv) recommended protocols for evalu7 ating the effectiveness of crime and delin8 quency prevention and intervention strate9 gies; and 

10 (v) a summary of the materials relied 

11 upon by the Commission in preparation of 

12 the report. 

13 (C) CONSULTATION WITH OUTSIDE AU14 THORITIES.—In developing the recommended 

15 protocols for implementation and rigorous eval16 uation of top-tier crime and delinquency preven17 tion and intervention strategies under this para18 graph, the Commission shall consult with the 

19 Committee on Law and Justice at the National 

20 Academy of Science and with national associa21 tions representing the law enforcement and so22 cial science professions, including the National 

23 Sheriffs’ Association, the Police Executive Re24 search Forum, the International Association of 

25 Chiefs of Police, the Consortium of Social 


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1 Science Associations, and the American Society 

2 of Criminology. 

3 (f) RECOMMENDATIONS REGARDING INNOVATIVE

4 CRIME PREVENTION AND INTERVENTION STRATEGIES.— 

5 (1) SUBMISSION.— 

6 (A) IN GENERAL.—Not later than 30 days 

7 after the date of the final hearing under sub8 section (d) relating to a subcategory, the Com9 mission shall provide the Director of the Na10 tional Institute of Justice and the Attorney 

11 General with recommendations on qualifying 

12 considerations relating to that subcategory for 

13 selecting recipients of contracts, cooperative 

14 agreements, and grants under section 405. 

15 (B) DEADLINE.—Not later than 13 

16 months after the date on which all members of 

17 the Commission have been appointed, the Com18 mission shall provide all recommendations re19 quired under this subsection. 

20 (2) MATTERS INCLUDED.—The recommenda21 tions provided under paragraph (1) shall include rec22 ommendations relating to— 

23 (A) the types of strategies for the applica24 ble subcategory that would best benefit from 

25 additional research and development; 


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1 (B) any geographic or demographic tar2 gets; 

3 (C) the types of partnerships with other 

4 public or private entities that might be perti5 nent and prioritized; and 

6 (D) any classes of crime and delinquency 

7 prevention and intervention strategies that 

8 should not be given priority because of a pre9 existing base of knowledge that would benefit 

10 less from additional research and development. 

11 (g) FINAL REPORT ON THE RESULTS OF INNOVA12 TIVE CRIME PREVENTION AND INTERVENTION STRATE13 GIES.— 

14 (1) IN GENERAL.—Following the close of the 3- 

15 year period for the evaluation of an innovative strat16 egy under section 405, the Commission shall collect 

17 the results of the evaluation and shall submit a pub18 lic report to the President, the Attorney General, 

19 Congress, the chief executive of each State, and the 

20 attorney general of each State describing each strat21 egy funded under section 405 and the results of the 

22 strategy. The report under this paragraph shall be 

23 submitted not later than 5 years after the date of 

24 the selection of the chairperson of the Commission. 


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1 (2) COLLECTION OF INFORMATION AND EVI2 DENCE REGARDING RECIPIENTS.—The collection of 

3 information and evidence by the Commission regard4 ing each recipient of a contract, cooperative agree5 ment, or grant under section 405 shall be carried 

6 out by— 

7 (A) ongoing communications with the 

8 grant administrator at the National Institute of 

9 Justice and other appropriate officers at other 

10 components of the Department of Justice; 

11 (B) visits by representatives of the Com12 mission (including at least 1 member of the 

13 Commission) to the site where the recipient of 

14 a contract, cooperative agreement, or grant is 

15 carrying out the strategy funded under section 

16 405, at least once in the second and once in the 

17 third year of the contract, cooperative agree18 ment, or grant; 

19 (C) a review of the data generated by the 

20 study monitoring the effectiveness of the strat21 egy; and 

22 (D) other means as necessary. 

23 (3) MATTERS INCLUDED.—The report sub24 mitted under paragraph (1) shall include a review of 

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1 tive agreement, or grant under section 405, detail2 ing— 

3 (A) the type of crime or delinquency pre4 vention or intervention strategy; 

5 (B) where the activities under the strategy 

6 were carried out, including geographic and de7 mographic targets; 

8 (C) any partnerships with public or private 

9 entities through the course of the period of the 

10 contract, cooperative agreement, or grant; 

11 (D) the type and design of the effective12 ness study conducted under section 405(b)(4) 

13 or section 405(c)(2)(C) for that strategy; 

14 (E) the results of the effectiveness study 

15 conducted under section 405(b)(4) or section 

16 405(c)(2)(C) for that strategy; 

17 (F) lessons learned regarding implementa18 tion of that strategy or of the effectiveness 

19 study conducted under section 405(b)(4) or sec20 tion 405(c)(2)(C), including recommendations 

21 regarding which types of environments might 

22 best be suited for successful replication; and 

23 (G) recommendations regarding the need 

24 for further research and development of the 

25 strategy. 


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1 (h) PERSONNEL MATTERS.— 

2 (1) TRAVEL EXPENSES.—The members of the 

3 Commission shall be allowed travel expenses, includ4 ing per diem in lieu of subsistence, at rates author5 ized for employees of agencies under subchapter I of 

6 chapter 57 of title 5, United States Code, while 

7 away from their homes or regular places of business 

8 in the performance of service for the Commission. 

9 (2) COMPENSATION OF MEMBERS.—Members of 

10 the Commission shall serve without compensation. 

11 (3) STAFF.— 

12 (A) IN GENERAL.—The chairperson of the 

13 Commission may, without regard to the civil 

14 service laws and regulations, appoint and termi15 nate an executive director and such other addi16 tional personnel as may be necessary to enable 

17 the Commission to perform its duties. The em18 ployment of an executive director shall be sub19 ject to confirmation by the Commission. 

20 (B) COMPENSATION.—The chairperson of 

21 the Commission may fix the compensation of 

22 the executive director and other personnel with23 out regard to the provisions of chapter 51 and 

24 subchapter III of chapter 53 of title 5, United 

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1 tions and General Schedule pay rates, except 

2 that the rate of pay for the executive director 

3 and other personnel may not exceed the rate 

4 payable for level V of the Executive Schedule 

5 under section 5316 of such title. 

6 (4) DETAIL OF FEDERAL EMPLOYEES.—With 

the affirmative vote of 2 7 ⁄3 of the members of the 

8 Commission, any Federal Government employee, 

9 with the approval of the head of the appropriate 

10 Federal agency, may be detailed to the Commission 

11 without reimbursement, and such detail shall be 

12 without interruption or loss of civil service status, 

13 benefits, or privileges. 

14 (i) CONTRACTS FOR RESEARCH.— 

15 (1) NATIONAL INSTITUTE OF JUSTICE.—With a 

2 16 ⁄3 affirmative vote of the members of the Commis17 sion, the Commission may select nongovernmental 

18 researchers and experts to assist the Commission in 

19 carrying out its duties under this title. The National 

20 Institute of Justice shall contract with the research21 ers and experts selected by the Commission to pro22 vide funding in exchange for their services. 

23 (2) OTHER ORGANIZATIONS.—Nothing in this 

24 subsection shall be construed to limit the ability of 

25 the Commission to enter into contracts with other 


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1 entities or organizations for research necessary to 

2 carry out the duties of the Commission under this 

3 section. 

4 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated $5,000,000 to carry out 

6 this section. 

7 (k) TERMINATION.—The Commission shall terminate 

8 on the date that is 30 days after the date on which the 

9 Commission submits the last report required by this sec10 tion. 

11 (l) EXEMPTION.—The Commission shall be exempt 

12 from the Federal Advisory Committee Act. 

13 SEC. 405. INNOVATIVE CRIME PREVENTION AND INTERVEN14 TION STRATEGIES. 

15 (a) IN GENERAL.—The Attorney General may fund 

16 the implementation and evaluation of innovative crime or 

17 delinquency prevention or intervention strategies though 

18 coordinated initiatives, as described in subsection (b), 

19 through grants authorized under subsection (c), or a com20 bination of the coordinated initiatives and grants. 

21 (b) COORDINATED INITIATIVES.— 

22 (1) IN GENERAL.—The Attorney General, act23 ing through the Director of the National Institute of 

24 Justice, may coordinate efforts between the National 

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1 nents of the Department of Justice to implement 

2 and rigorously evaluate innovative crime or delin3 quency prevention or intervention strategies. 

4 (2) SELECTION OF STRATEGIES.—The Director 

5 of the National Institute of Justice, in consultation 

6 with the heads of other appropriate components of 

7 the Department of Justice, shall identify innovative 

8 crime or delinquency prevention or intervention 

9 strategies that would best benefit from additional 

10 funding and evaluation, taking into consideration the 

11 recommendations of the Commission under section 

12 404(f). 

13 (3) PROGRAM OFFICE ROLE.—The head of any 

14 appropriate component of the Department of Jus15 tice, as determined by the Attorney General, may 

16 provide incentives under a contract, cooperative 

17 agreement, or grant entered into or made by the 

18 component, including a competitive preference pri19 ority and providing additional funds, for a public or 

20 private entity to— 

21 (A) implement a strategy identified under 

22 paragraph (2); or 

23 (B) participate in the evaluation under 

24 paragraph (4) of the strategies identified under 

25 paragraph (2). 


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1 (4) NATIONAL INSTITUTE OF JUSTICE EVALUA2 TION.— 

3 (A) IN GENERAL.—The Director of the 

4 National Institute of Justice may enter into or 

5 make contracts, cooperative agreements, or 

6 grants to conduct a rigorous study of the effec7 tiveness of each strategy relating to which an 

8 incentive is provided under paragraph (3). 

9 (B) AMOUNT AND DURATION.—A contract, 

10 cooperative agreement, or grant under subpara11 graph (A) shall be for not more than $700,000, 

12 and shall be for a period of not more than 3 

13 years. 

14 (C) METHODOLOGY OF STUDY.—Each 

15 study conducted under subparagraph (A) shall 

16 use a study design that is likely to produce rig17 orous evidence of the effectiveness of the strat18 egy and, where feasible, measure outcomes 

19 using available administrative data, such as po20 lice arrest records, so as to minimize the costs 

21 of the study. 

22 (c) GRANTS AUTHORIZED.— 

23 (1) IN GENERAL.—The Director of the National 

24 Institute of Justice may make grants to public and 

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1 uation of innovative crime or delinquency prevention 

2 or intervention strategies. The purpose of grants 

3 under this subsection shall be to provide funds for 

4 all expenses related to the implementation of such a 

5 strategy and to conduct a rigorous study on the ef6 fectiveness of that strategy. 

7 (2) GRANT DISTRIBUTION.— 

8 (A) PERIOD.—A grant under this sub9 section shall be made for a period of not more 

10 than 3 years. 

11 (B) AMOUNT.—The amount of each grant 

12 under this subsection— 

13 (i) shall be sufficient to ensure that 

14 rigorous evaluations may be performed; 

15 and 

16 (ii) shall not exceed $2,000,000. 

17 (C) EVALUATION SET-ASIDE.— 

18 (i) IN GENERAL.—A grantee shall use 

19 not less than $300,000 and not more than 

20 $700,000 of the funds from a grant under 

21 this subsection for a rigorous study of the 

22 effectiveness of the strategy during the 3- 

23 year period of the grant for that strategy. 

24 (ii) METHODOLOGY OF STUDY.— 


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1 (I) IN GENERAL.—Each study 

2 conducted under clause (i) shall use 

3 an evaluator and a study design ap4 proved by the employee of the Na5 tional Institute of Justice hired or as6 signed under subsection (e) and, 

7 where feasible, measure outcomes 

8 using available administrative data, 

9 such as police arrest records, so as to 

10 minimize the costs of the study. 

11 (II) CRITERIA.—The employee of 

12 the National Institute of Justice hired 

13 or assigned under subsection (e) shall 

14 approve— 

15 (aa) an evaluator that has 

16 successfully carried out multiple 

17 studies producing rigorous evi18 dence of effectiveness; and 

19 (bb) a proposed study design 

20 that is likely to produce rigorous 

21 evidence of the effectiveness of 

22 the strategy. 

23 (III) APPROVAL.—Before a grant 

24 is awarded under this subsection, the 

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1 ee shall be approved by the employee 

2 of the National Institute of Justice 

3 hired or assigned under subsection 

4 (e). 

5 (D) DATE OF AWARD.—Not later than 6 

6 months after the date of receiving recommenda7 tions relating to a subcategory from the Com8 mission under section 404(f), the Director of 

9 the National Institute of Justice shall award all 

10 grants under this subsection relating to that 

11 subcategory. 

12 (E) TYPE OF GRANTS.—One-third of the 

13 grants made under this subsection shall be 

14 made in each subcategory. In distributing 

15 grants, the recommendations of the Commission 

16 under section 404(f) shall be considered. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated $18,000,000 to carry 

19 out subsections (b) and (c). 

20 (e) DEDICATED STAFF.— 

21 (1) IN GENERAL.—The Director of the National 

22 Institute of Justice shall hire or assign a full-time 

23 employee to oversee the contracts, cooperative agree24 ments, and grants under this section. 


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1 (2) STUDY OVERSIGHT.—The employee of the 

2 National Institute of Justice hired or assigned under 

3 paragraph (1) shall be responsible for ensuring that 

4 recipients of a contract, cooperative agreement, or 

5 grant under this section adhere to the study design 

6 approved before the contract, cooperative agreement, 

7 or grant was entered into or awarded. 

8 (3) LIAISON.—The employee of the National 

9 Institute of Justice hired or assigned under para10 graph (1) may be used as a liaison between the 

11 Commission and the recipients of a contract, cooper12 ative agreement, or grant under this section. The 

13 employee shall be responsible for ensuring timely co14 operation with Commission requests. 

15 (4) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated $150,000 

17 for each of fiscal years 2010 through 2014 to carry 

18 out this subsection. 

19 (f) APPLICATIONS.—A public or private entity desir20 ing a contract, cooperative agreement, or grant under this 

21 section shall submit an application at such time, in such 

22 manner, and accompanied by such information as the Di23 rector of the National Institute of Justice or other appro24 priate component of the Department of Justice may rea25 sonably require. 


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1 (g) COOPERATION WITH THE COMMISSION.—A per2 son entering into a contract or cooperative agreement or 

3 receiving a grant under this section shall cooperate with 

4 the Commission in providing the Commission with full in5 formation on the progress of the strategy being carried 

6 out with a contract, cooperative agreement, or grant under 

7 this section, including— 

8 (1) hosting visits by the members of the Com9 mission to the site where the activities under the 

10 strategy are being carried out; 

11 (2) providing pertinent information on the lo12 gistics of establishing the strategy for which the con13 tract, cooperative agreement, or grant under this 

14 section was received, including details on partner15 ships, selection of participants, and any efforts to 

16 publicize the strategy; and 

17 (3) responding to any specific inquiries that 

18 may be made by the Commission. 

19 SEC. 406. FUNDING. 

20 Section 524(c) of title 28, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(12) For the first full fiscal year after the date of 

23 enactment of the PRECAUTION Act, and each fiscal year 

24 thereafter through the end of the fifth full fiscal year after 

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1 ney General from the Fund $4,750,000 to carry out the 

2 PRECAUTION Act.’’. 

3 TITLE V—MISCELLANEOUS 

4 PROVISIONS 

5 SEC. 501. EVALUATION BY GENERAL ACCOUNTING OFFICE. 

6 (a) EVALUATION.—Not later than October 1, 2010, 

7 the Comptroller General of the United States shall— 

8 (1) conduct a comprehensive analysis and eval9 uation regarding the performance of the Office of 

10 Juvenile Justice Delinquency and Prevention (re11 ferred to in this section as ‘‘the agency’’), its func12 tions, its programs, and its grants; 

13 (2) conduct a comprehensive audit and evalua14 tion of a selected, statistically significant sample of 

15 grantees (as determined by the Comptroller General) 

16 that receive Federal funds under grant programs ad17 ministered by the Office of Juvenile Justice Delin18 quency and Prevention including a review of internal 

19 controls to prevent fraud, waste, and abuse of funds 

20 by grantees; and 

21 (3) submit a report in accordance with sub22 section (d). 

23 (b) CONSIDERATIONS FOR EVALUATION.—In con24 ducting the analysis and evaluation under subsection 

25 (a)(1), and in order to document the efficiency and public 


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1 benefit of the Juvenile Justice and Delinquency Preven2 tion Act of 1974 (42 U.S.C. 5601 et seq.), excluding the 

3 Runaway and Homeless Youth Act (42 U.S.C. 5701 et 

4 seq.) and the Missing Children’s Assistance Act (42 

5 U.S.C. 5771 et seq.), the Comptroller General shall take 

6 into consideration— 

7 (1) the extent to which the jurisdiction of, and 

8 the programs administered by, the agency duplicate 

9 or conflict with the jurisdiction and programs of 

10 other agencies; 

11 (2) the potential benefits of consolidating pro12 grams administered by the agency with similar or 

13 duplicative programs of other agencies; and the po14 tential for consolidating those programs; 

15 (3) whether present functions or operations are 

16 impeded or enhanced by existing statutes, rules and 

17 procedures; 

18 (4) the number and types of beneficiaries or 

19 persons served by programs carried out by the agen20 cy; 

21 (5) the manner with which the agency seeks 

22 public input and input from State and local Govern23 ments on the performance of the functions of the 

24 agency; 


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1 (6) the extent to which the agency complies 

2 with section 552 of title 5, United States Code (com3 monly known as the Freedom of Information Act); 

4 (7) whether greater oversight is needed of pro5 grams developed with grants made by the agency; 

6 and 

7 (8) the extent to which changes are necessary 

8 in the authorizing statutes of the agency in order 

9 that the functions of the agency can be performed 

10 in a more efficient and effective manner. 

11 (c) CONSIDERATIONS FOR AUDITS.—In conducting 

12 the audit and evaluation under subsection (a)(2), and in 

13 order to document the efficiency and public benefit of the 

14 Juvenile Justice and Delinquency Prevention Act of 1974 

15 (42 U.S.C. 5601 et seq.), excluding the Runaway and 

16 Homeless Youth Act (42 U.S.C. 5701 et seq.) and the 

17 Missing Children’s Assistance Act (42 U.S.C. 5771 et 

18 seq.), the Comptroller General shall take into consider19 ation— 

20 (1) whether grantees timely file Financial Sta21 tus Reports; 

22 (2) whether grantees have sufficient internal 

23 controls to ensure adequate oversight of grant fund 

24 received; 


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1 (3) whether disbursements were accompanied 

2 with adequate supporting documentation (including 

3 invoices and receipts); 

4 (4) whether expenditures were authorized; 

5 (5) whether subrecipients of grant funds were 

6 complying with program requirements; 

7 (6) whether salaries and fringe benefits of per8 sonnel were adequately supported by documentation; 

9 (7) whether contracts were bid in accordance 

10 with program guidelines; and 

11 (8) whether grant funds were spent in accord12 ance with program goals and guidelines. 

13 (d) REPORT.— 

14 (1) IN GENERAL.—The Comptroller General of 

15 the United States shall submit a report regarding 

16 the evaluation conducted under subsection (a) and 

17 audit under subsection (b), together with supporting 

18 materials, to the Speaker of the House of Represent19 atives and the President pro tempore of the Senate, 

20 and be made available to the public, not later than 

21 October 1, 2011. 

22 (2) CONTENTS.—The report submitted in ac23 cordance with paragraph (1) shall include all audit 

24 findings determined by the selected, statistically sig25 nificant sample of grantees as required by subsection 


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1 (a)(2) and shall include the name and location of 

2 any selected grantee as well as any findings required 

3 by subsection (a)(2). 

Æ 


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