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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6029 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Juvenile Justice and Delinquency 
Prevention Reauthorization Act of 2010''.

SEC. 2. TABLE OF CONTENTS.

    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

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.

              TITLE I--FINDINGS AND DECLARATION OF PURPOSE

SEC. 101. FINDINGS.

    Section 101 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5601) is amended to read as follows:

``SEC. 101. FINDINGS.

    ``Congress finds the following:
            ``(1) A growing body of adolescent development research 
        supports the use of developmentally appropriate services and 
        sanctions for youth in the juvenile justice system and those at 
        risk for delinquent behavior to help prevent youth crime and to 
        successfully intervene with youth who have already entered the 
        system.
            ``(2) Research has shown that targeted investments to 
        redirect offending juveniles onto a different path are cost 
        effective and can help reduce juvenile recidivism and adult 
        crime.
            ``(3) Detention of youth who are arrested for nonviolent 
        crime in secure facilities is not an effective way to enhance 
        public safety. Youth who are detained in secure facilities are 
        almost 5 times more likely to be rearrested than youth who have 
        committed the same offense and have not been detained.
            ``(4) African-American and other youth of color are 
        disproportionately represented in the juvenile justice system. 
        In 2003, African-American youth constituted 16 percent of the 
        adolescent population of the United States, but constituted 28 
        percent of youth arrested, 37 percent of youth securely 
        detained before adjudication, 30 percent of youth adjudicated 
        in juvenile court, 35 percent of youth judicially waived to 
        adult criminal court, 38 percent of youth sent to residential 
        placement, and 58 percent of youth admitted to State prisons.
            ``(5) African-American and other youth of color are treated 
        more harshly than White youth, even when charged with the same 
        type of offense. African-American and other youth of color are 
        disproportionately more likely than White youth to be arrested, 
        referred to juvenile court, detained before adjudication, 
        petitioned, judicially waived to adult court, ordered to 
        residential placement, admitted to locked State public 
        facilities, spend longer periods of time incarcerated, and 
        admitted to State prisons, even for the same type of offense.
            ``(6) Youth of color charged with low-level offenses, 
        technical violations, and minor misbehavior unnecessarily enter 
        and move more deeply into the juvenile justice system. Youth of 
        color constitute 69 percent of the youth held in secure 
        detention. In 2006, only 21 percent of the youth in secure 
        detention were charged with serious violent crimes, while 10 
        percent were charged with simple assaults and other offenses 
        against persons, and 28 percent were charged with status 
        offenses (offenses that are only a crime if committed by a 
        minor) and technical violations of probation or court orders.
            ``(7) Comprehensive, collaborative, data-driven efforts and 
        objective risk assessment instruments are necessary to achieve 
        significant reductions in the number and percentage of youth of 
        color at the key decision points of the juvenile justice 
        system, as identified by the Office of Juvenile Justice and 
        Delinquency Prevention, including arrest, referral, informal 
        processing, detention, petition, adjudication, probation, 
        placement, and transfer to adult court. Comprehensive, 
        collaborative, data-driven efforts are also necessary to 
        implement effective, gender-specific alternatives to detention. 
        Jurisdictions that have made such efforts have enhanced the 
        fairness of their juvenile justice systems.
            ``(8) Juvenile detention is a crucial decision point in the 
        juvenile justice process. Juvenile detention is the `gateway' 
        to processing and treatment of youth by the courts, probation, 
        and State juvenile justice agencies. An estimated 400,000 youth 
        are held in secure detention each year. Approximately 26,000 
        are held each night.
            ``(9) Unnecessary and inappropriate detention has 
        significant negative consequences for youth of color and other 
        youth in the juvenile justice system. Research shows that youth 
        who are incarcerated are less likely to complete high school, 
        find employment, and form stable families, and are more likely 
        to be rearrested and to abuse drugs and alcohol.
            ``(10) Detention populations have been reduced by 35 
        percent in 78 jurisdictions that have followed comprehensive 
        detention reform based upon national best practices. In 24 of 
        those jurisdictions, detention populations were reduced by more 
        than 50 percent.
            ``(11) Comprehensive detention reform based on national 
        best practices does not jeopardize public safety. Jurisdictions 
        that have followed such comprehensive detention reform have 
        seen reductions in the number of arrests of juveniles for 
        serious offenses. In some jurisdictions the reductions have 
        exceeded 40 percent.
            ``(12) Jurisdictions that have followed comprehensive 
        detention reform based on national best practices have achieved 
        substantial savings for taxpayers. Twenty-seven jurisdictions 
        that have followed such comprehensive detention reform have 
        closed detention units or entire facilities as a result of 
        smaller detention populations, reducing the total number of 
        detention beds in those 27 jurisdictions by 978 beds.
            ``(13) Between 1990 and 2004, the number of youth in adult 
        jails increased by 208 percent.
            ``(14) Every day in the United States, an average of 7,500 
        youth are incarcerated in adult jails.
            ``(15) Youth who have been previously tried as adults are, 
        on average, 34 percent more likely to commit crimes than youth 
        retained in the juvenile justice system.
            ``(16) Research has shown that every dollar spent on 
        evidence-based programs can yield up to $13 in cost savings.
            ``(17) Each child prevented from engaging in repeat 
        criminal offenses can save the community $1,700,000 to 
        $3,400,000.
            ``(18) Youth are 19 times more likely to commit suicide in 
        jail than youth in the general population and 36 times more 
        likely to commit suicide in an adult jail than in a juvenile 
        detention facility.
            ``(19) Seventy percent of youth in detention are held for 
        nonviolent charges, and more than \2/3\ are charged with 
        property offenses, public order offenses, technical probation 
        violations, or status offenses, such as truancy, running away, 
        or breaking curfew.
            ``(20) The prevalence of mental disorders among youth in 
        juvenile justice systems is 2 to 3 times higher than among 
        youth in the general population.
            ``(21) Eighty percent of juveniles in juvenile justice 
        systems have a nexus to substance abuse.
            ``(22) The proportion of females entering the justice 
        system has increased steadily over the past several decades, 
        rising from 20 percent in 1980 to 29 percent in 2007. Most of 
        the girls entering the system, up to 73 percent, have histories 
        of physical and sexual victimization, and their entry into the 
        criminal and juvenile justice system is often preceded by their 
        sexual and physical victimization. Females are 
        disproportionately arrested for status offenses, such as 
        running away from violent and turbulent home situations. In 
        2003, while females represented 15 percent of all juvenile 
        offenders in custody, they represented 40 percent of status 
        offenders in custody. Recent statistics also show that female 
        status offenders are held in custody twice as long as male 
        status offenders.''.

SEC. 102. PURPOSES.

    (a) Purposes.--The purposes of this Act are--
            (1) to reduce recidivism by reiterating that the original 
        purpose of the Juvenile Justice and Delinquency Prevention Act 
        of 1974 was to provide for education and rehabilitation of 
        youth involved with the juvenile justice system, not punishment 
        alone;
            (2) to provide alternatives to detention for youth involved 
        in the juvenile justice system;
            (3) to support effective State and local efforts to reduce 
        the disproportionate numbers of youth of color involved in the 
        juvenile justice system;
            (4) to support State and local efforts to provide effective 
        gender-specific prevention, treatment, and intervention for 
        youth involved in, or at risk of becoming involved in, the 
        juvenile justice system; and
            (5) to support State and local efforts to achieve 
        comprehensive detention reform based upon national best 
        practices and evidence-based models that reduce recidivism, 
        including reduction in the detention of youth of color and 
        female youth who are awaiting adjudication hearings.
    (b) Amendments.--Section 102 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5602) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) to support a continuum of programs (including 
        delinquency prevention, intervention, mental health and 
        substance abuse treatment, and aftercare) to address the needs 
        of at-risk youth and youth who come into contact with the 
        justice system.''.

SEC. 103. DEFINITIONS.

    Section 103 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5603) is amended--
            (1) in paragraph (8), by amending subparagraph (C) to read 
        as follows:
                    ``(C) an Indian tribe; or'';
            (2) by amending paragraph (18) to read as follows:
            ``(18) the term `Indian tribe' has the meaning given that 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b);'';
            (3) in paragraph (22), by striking ``or confine adults'' 
        and all that follows and inserting ``or confine adult 
        inmates;'';
            (4) by amending paragraph (26) to read as follows:
            ``(26) the term `adult inmate'--
                    ``(A) means an individual who--
                            ``(i) has reached the age of full criminal 
                        responsibility under applicable State law; and
                            ``(ii) has been arrested and is in custody 
                        for or awaiting trial on a criminal charge, or 
                        is convicted of a criminal charge offense; and
                    ``(B) does not include an individual who--
                            ``(i) at the time of the time of the 
                        offense, was younger than the maximum age at 
                        which a youth can be held in a juvenile 
                        facility under applicable State law; and
                            ``(ii) was committed to the care and 
                        custody of a juvenile correctional agency by a 
                        court of competent jurisdiction or by operation 
                        of applicable State law;'';
            (5) in paragraph (28), by striking ``and'' at the end;
            (6) in paragraph (29), by striking the period at the end 
        and inserting a semicolon; and
            (7) by adding at the end the following:
            ``(30) the term `core requirements' means the requirements 
        described in paragraphs (11), (12), (13), (14), and (15) of 
        section 223(a);
            ``(31) the term `chemical agent' means a spray used to 
        temporarily incapacitate a person, including oleoresin capsicum 
        spray, tear gas, and 2-chlorobenzalmalononitrile gas;
            ``(32) the term `isolation'--
                    ``(A) means any instance in which a youth is 
                confined alone for more than 15 minutes in a room or 
                cell; and
                    ``(B) does not include confinement during regularly 
                scheduled sleeping hours, or for not more than 1 hour 
                during any 24-hour period in the room or cell in which 
                the youth usually sleeps, protective confinement (for 
                injured youths or youths whose safety is threatened), 
                separation based on an approved treatment program, 
                confinement that is requested by the youth, or the 
                separation of the youth from a group in a non-locked 
                setting for the purpose of calming;
            ``(33) the term `restraint' has the meaning given that term 
        in section 591 of the Public Health Service Act (42 U.S.C. 
        290ii);
            ``(34) the term `evidence-based' means a program or 
        practice that is demonstrated to be effective and that--
                    ``(A) is based on a clearly articulated and 
                empirically supported theory;
                    ``(B) has measurable outcomes, including a detailed 
                description of what outcomes were produced in a 
                particular population; and
                    ``(C) has been scientifically tested, optimally 
                through randomized control studies or comparison group 
                studies;
            ``(35) the term `promising' means a program or practice 
        that is demonstrated to be effective based on positive outcomes 
        from 1 or more objective evaluations, as documented in writing 
        to the Administrator;
            ``(36) the term `dangerous practice' means an act, 
        procedure, or program that creates an unreasonable risk of 
        physical injury, pain, or psychological harm to a juvenile 
        subjected to the act, procedure, or program;
            ``(37) the term `screening' means a brief process--
                    ``(A) designed to identify youth who may have 
                mental health or substance abuse needs requiring 
                immediate attention, intervention, and further 
                evaluation; and
                    ``(B) the purpose of which is to quickly identify a 
                youth with a possible mental health or substance abuse 
                need in need of further assessment;
            ``(38) the term `assessment' includes, at a minimum, an 
        interview and review of available records and other pertinent 
        information--
                    ``(A) by a mental health or substance abuse 
                professional who meets the criteria of the applicable 
                State for licensing and education in the mental health 
                or substance abuse field; and
                    ``(B) which is designed to identify significant 
                mental health or substance abuse treatment needs to be 
                addressed during a youth's confinement;
            ``(39) the term `contact with the juvenile justice system' 
        means the point at which a youth interacts with the juvenile 
        justice system or criminal justice system, including 
        interaction with a juvenile justice, juvenile court, or law 
        enforcement official, and including brief, sustained, or 
        repeated interaction;
            ``(40) the term `gender-specific services' means juvenile 
        justice programs, policies, practices, workforce training, or 
        direct services targeted to address needs unique to the gender 
        of the juveniles being served, which may include--
                    ``(A) treatment for trauma, domestic violence, 
                dating violence, sexual assault, child abuse, and 
                witnessing domestic violence;
                    ``(B) alternatives to detention and incarceration;
                    ``(C) mental and physical health screening and 
                services;
                    ``(D) education and services related to health, 
                pregnancy, and parenting;
                    ``(E) training and vocational programs in high-
                demand, high-wage fields that are nontraditional fields 
                for juveniles of the gender being served;
                    ``(F) substance abuse screening and prevention;
                    ``(G) methods used to protect safety and security 
                in programs;
                    ``(H) programs that foster positive relationships 
                of juveniles with the peers, family, and community of 
                such juveniles; and
                    ``(I) policies to reduce gender bias in pre-
                adjudication and post-adjudication placement, 
                particularly with respect to placement of female 
                juvenile offenders when there are a lack of gender-
                specific, community-based placement options; and
            ``(41) the term `comprehensive detention reform based upon 
        national best practices' means a collaborative, data-driven, 
        interrelated set of changes to juvenile justice policy, 
        practice, and programming designed to safely eliminate 
        unnecessary and inappropriate reliance on secure detention of 
        juveniles that--
                    ``(A) may include--
                            ``(i) participation of non-traditional 
                        stakeholders (such as communities of color and 
                        children and families impacted by the juvenile 
                        justice system); and
                            ``(ii) other strategies and practices 
                        required of States participating in the 
                        Juvenile Detention Alternatives Initiative 
                        sponsored by the Annie E. Casey Foundation; and
                    ``(B) at a minimum, utilizes all of the following 
                strategies:
                            ``(i) Collaborating among juvenile justice 
                        agencies, other governmental entities, and 
                        community organizations for planning and 
                        policymaking related to detention of juveniles.
                            ``(ii) Using data to analyze system 
                        processes, develop interventions, and monitor 
                        reforms related to detention of juveniles.
                            ``(iii) Developing objective juvenile 
                        detention admissions criteria and instruments.
                            ``(iv) Establishing new or enhanced 
                        alternatives to secure detention, particularly 
                        alternatives that permit juveniles to remain in 
                        their local communities.
                            ``(v) Instituting case processing reforms 
                        to expedite the flow of cases through the 
                        juvenile justice system.
                            ``(vi) Identifying special populations of 
                        youth in contact with the juvenile justice 
                        system, including probation violators and youth 
                        awaiting out-of-home placement after 
                        adjudication, who may not need to be securely 
                        confined.
                            ``(vii) Reducing racial, ethnic, and gender 
                        disparities in the juvenile justice system, 
                        including overrepresentation of youth of color 
                        in such system, and unnecessary entry and 
                        further progression of such youth deeper into 
                        such system.
                            ``(viii) Improving conditions of 
                        confinement for youth who are held in secure 
                        detention.''.

         TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.

    Section 204(a)(2)(B)(i) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5614(a)(2)(B)(i)) is amended by 
striking ``240 days after the date of enactment of this paragraph'' and 
inserting ``July 2, 2010''.

SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY 
              PREVENTION.

    Section 206 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5616) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by inserting ``the Administrator of the 
                        Substance Abuse and Mental Health Services 
                        Administration, the Secretary of Defense, the 
                        Secretary of Agriculture,'' after ``the 
                        Secretary of Health and Human Services,''; and
                            (ii) by striking ``Commissioner of 
                        Immigration and Naturalization'' and inserting 
                        ``Assistant Secretary for Immigration and 
                        Customs Enforcement''; and
                    (B) in paragraph (2)(A), by inserting ``(including 
                at least 1 representative from the mental health 
                fields)'' after ``field of juvenile justice''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``paragraphs 
                (12)(A), (13), and (14) of section 223(a) of this 
                title'' and inserting ``the core requirements''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, on an annual basis'' 
                        after ``collectively'';
                            (ii) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (B),
                                    (I) by striking ``180 days after 
                                the date of the enactment of this 
                                paragraph'' and inserting ``May 3, 
                                2010'';
                                    (II) by striking ``Committee on 
                                Education and the Workforce'' and 
                                inserting ``Committee on Education and 
                                Labor''; and
                                    (III) by striking the period and 
                                inserting ``; and''; and
                            (iv) by adding at the end the following:
            ``(C) not later than 120 days after the completion of the 
        last meeting in any fiscal year, submit to Congress a report 
        regarding the recommendations described in subparagraph (A), 
        which shall--
                    ``(i) include a detailed account of the activities 
                conducted by the Council during the fiscal year, 
                including a complete detailed accounting of expenses 
                incurred by the Coordinating Council to conduct 
                operations in accordance with this section;
                    ``(ii) be published on the websites of the 
                Department of Justice and the Coordinating Council; and
                    ``(iii) be in addition to the annual report 
                required by section 207.''.

SEC. 203. ANNUAL REPORT.

    Section 207 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5617) is amended--
            (1) in the matter preceding paragraph (1), by striking ``a 
        fiscal year'' and inserting ``each fiscal year'';
            (2) in paragraph (1)--
                    (A) in subparagraph (B), by inserting ``, 
                ethnicity,'' after ``race'';
                    (B) in subparagraph (E), by striking ``and'' at the 
                end;
                    (C) in subparagraph (F)--
                            (i) by inserting ``and other'' before 
                        ``disabilities,''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (D) by adding at the end the following:
                    ``(G) a summary of data from 1 month of the 
                applicable fiscal year of the use of restraints and 
                isolation upon juveniles held in the custody of secure 
                detention and correctional facilities operated by a 
                State or unit of local government;
                    ``(H) the number of juveniles released from custody 
                and the type of living arrangement to which each such 
                juvenile was released;
                    ``(I) the number of status offense cases petitioned 
                to court (including a breakdown by type of offense and 
                disposition), number of status offenders held in secure 
                detention, the findings used to justify the use of 
                secure detention, and the average period of time a 
                status offender was held in secure detention; and
                    ``(J) the number of pregnant juveniles held in the 
                custody of secure detention and correctional facilities 
                operated by a State or unit of local government.''; and
            (3) by adding at the end the following:
            ``(5) A description of the criteria used to determine what 
        programs qualify as evidence-based and promising programs under 
        this title and title V and a comprehensive list of those 
        programs the Administrator has determined meet such criteria.
            ``(6) A description of funding provided to Indian tribes 
        under this Act, including direct Federal grants and funding 
        provided to Indian tribes through a State or unit of local 
        government.
            ``(7) An analysis and evaluation of the internal controls 
        at Office of Juvenile Justice and Delinquency Prevention to 
        determine if grantees are following the requirements of Office 
        of Juvenile Justice and Delinquency Prevention grant programs 
        and what remedial action Office of Juvenile Justice and 
        Delinquency Prevention has taken to recover any grant funds 
        that are expended in violation of the grant programs, including 
        instances where supporting documentation was not provided for 
        cost reports, where unauthorized expenditures occurred, and 
        where subrecipients of grant funds were not compliant with 
        program requirements.
            ``(8) An analysis and evaluation of the total amount of 
        payments made to grantees that were recouped by the Office of 
        Juvenile Justice and Delinquency Prevention from grantees that 
        were found to be in violation of policies and procedures of the 
        Office of Juvenile Justice and Delinquency Prevention grant 
        programs. This analysis shall include the full name and 
        location of the grantee, the violation of the program found, 
        the amount of funds sought to be recouped by the Office of 
        Juvenile Justice and Delinquency Prevention, and the actual 
        amount recouped by the Office of Juvenile Justice and 
        Delinquency Prevention.''.

SEC. 204. ALLOCATION OF FUNDS.

    (a) Technical Assistance.--Section 221(b)(1) of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5631(b)(1)) 
is amended by striking ``2 percent'' and inserting ``5 percent''.
    (b) Other Allocations.--Section 222 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is amended--
            (1) in subsection (a)(1), by striking ``age eighteen.'' and 
        inserting ``18 years of age, based on the most recent census 
        data to monitor any significant changes in the relative 
        population of people under 18 years of age occurring in the 
        States.'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively;
            (3) by inserting after subsection (b) the following:
    ``(c)(1) If any amount allocated under subsection (a) is withheld 
from a State due to noncompliance with the core requirements, the funds 
shall be reallocated for an improvement grant designed to assist the 
State in achieving compliance with the core requirements.
    ``(2) The Administrator shall condition a grant described in 
paragraph (1) on--
            ``(A) the State, with the approval of the Administrator, 
        developing specific action steps designed to restore compliance 
        with the core requirements; and
            ``(B) submitting to the Administrator semiannually a report 
        on progress toward implementing the specific action steps 
        developed under subparagraph (A).
    ``(3) The Administrator shall provide appropriate and effective 
technical assistance directly or through an agreement with a contractor 
to assist a State receiving a grant described in paragraph (1) in 
achieving compliance with the core requirements.'';
            (4) in subsection (d), as so redesignated, by striking 
        ``efficient administration, including monitoring, evaluation, 
        and one full-time staff position'' and inserting ``effective 
        and efficient administration, including the designation of at 
        least 1 person to coordinate efforts to achieve and sustain 
        compliance with the core requirements''; and
            (5) in subsection (e), as so redesignated, by striking ``5 
        per centum of the minimum'' and inserting ``not more than 5 
        percent of the''.

SEC. 205. STATE PLANS.

    Section 223 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5633) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``Not later than 30 days after the date on 
                which a plan or amended plan submitted under this 
                subsection is finalized, a State shall make the plan or 
                amended plan publicly available by posting the plan or 
                amended plan on a publicly available website.'' after 
                ``compliance with State plan requirements.'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (A)(ii)--
                                    (I) in subclause (II), by striking 
                                ``counsel for children and youth'' and 
                                inserting ``publicly supported court-
                                appointed legal counsel for children 
                                and youth charged in delinquency 
                                matters'';
                                    (II) in subclause (III), by 
                                striking ``mental health, education, 
                                special education'' and inserting 
                                ``children's mental health, education, 
                                child and adolescent substance abuse, 
                                special education, services for youth 
                                with disabilities'';
                                    (III) in subclause (IV), by 
                                inserting ``youth violence,'' before 
                                ``youth development'';
                                    (IV) in subclause (V), by striking 
                                ``delinquents or potential 
                                delinquents'' and inserting 
                                ``delinquent youth or youth at risk of 
                                delinquency, including volunteers who 
                                work with youth of color'';
                                    (V) in subclause (VII), by striking 
                                ``and'' at the end;
                                    (VI) by redesignating subclause 
                                (VIII) as subclause (XII);
                                    (VII) by inserting after subclause 
                                (VII) the following:
                                    ``(VIII) the executive director or 
                                the designee of the executive director 
                                of a public or nonprofit entity that is 
                                located in the State and receiving a 
                                grant under part A of title III;
                                    ``(IX) persons with expertise and 
                                competence in preventing and addressing 
                                mental health or substance abuse needs 
                                in juvenile delinquents and those at-
                                risk of delinquency;
                                    ``(X) representatives of victim or 
                                witness advocacy groups;
                                    ``(XI) individuals with special 
                                expertise or competence in addressing 
                                the needs of female youth or 
                                implementing gender-specific juvenile 
                                services; and''; and
                                    (VIII) in subclause (XII), as so 
                                redesignated--
                                            (aa) by striking 
                                        ``disabilities'' and inserting 
                                        ``and other disabilities, 
                                        truancy reduction or school 
                                        failure''; and
                                            (bb) by striking ``and 
                                        youth violence'' and inserting 
                                        ``domestic violence, sexual 
                                        assault, or other sexual 
                                        victimization'';
                            (ii) in subparagraph (D)(ii), by striking 
                        ``requirements of paragraphs (11), (12), and 
                        (13)'' and inserting ``core requirements''; and
                            (iii) in subparagraph (E)(i), by adding 
                        ``and'' at the end;
                    (C) in paragraph (5)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``section 222(d)'' and 
                        inserting ``section 222(e)''; and
                            (ii) in subparagraph (C), by striking 
                        ``Indian tribes'' and all that follows through 
                        ``applicable to the detention and confinement 
                        of juveniles'' and inserting ``Indian tribes 
                        that agree to attempt to comply with the core 
                        requirements applicable to the detention and 
                        confinement of juveniles'';
                    (D) in paragraph (7)(B)--
                            (i) by striking clause (i) and inserting 
                        the following:
                    ``(i) a plan for ensuring that the chief executive 
                officer of the State, State legislature, and all 
                appropriate public agencies in the State with 
                responsibility for provision of services to children, 
                youth and families are informed of the requirements of 
                the State plan and compliance with the core 
                requirements;'';
                            (ii) in clause (ii), by inserting ``, 
                        including identifiable needs related to 
                        physical and sexual victimization'' after 
                        ``delinquency'';
                            (iii) in clause (iii), by striking ``and'' 
                        at the end; and
                            (iv) by striking clause (iv) and inserting 
                        the following:
                    ``(iv) a plan to provide alternatives to detention, 
                including diversion to home-based or community-based 
                services that are culturally and linguistically 
                competent or treatment for those youth in need of 
                mental health, substance abuse, or co-occurring 
                disorder services at the time such juveniles first come 
                into contact with the juvenile justice system;
                    ``(v) a plan to reduce the number of children 
                housed in secure detention and corrections facilities 
                who are awaiting placement in residential treatment 
                programs;
                    ``(vi) a plan to engage family members in the 
                design and delivery of juvenile delinquency prevention 
                and treatment services, particularly post-placement; 
                and
                    ``(vii) a plan for providing easily accessible, 
                community-based and operated, culturally, 
                linguistically, and developmentally competent services 
                to youth at risk or in contact with the juvenile 
                justice system;'';
                    (E) in paragraph (8), by striking ``existing'' and 
                inserting ``evidence-based and promising'';
                    (F) in paragraph (9)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``section 222(d)'' and 
                        inserting ``section 222(e)'';
                            (ii) in subparagraph (A)(i), by inserting 
                        ``status offenders and other'' before ``youth 
                        who need'';
                            (iii) in subparagraph (B)(i)--
                                    (I) by striking ``parents and other 
                                family members'' and inserting ``status 
                                offenders, other youth, and the parents 
                                and other family members of such 
                                offenders and youth''; and
                                    (II) by striking ``be retained'' 
                                and inserting ``remain'';
                            (iv) in subparagraph (D), by inserting ``or 
                        physical or sexual violence'' after ``child 
                        abuse or neglect'';
                            (v) by redesignating subparagraphs (G) 
                        through (S) as subparagraphs (J) through (V), 
                        respectively;
                            (vi) by redesignating subparagraphs (E) and 
                        (F) as subparagraphs (F) and (G), respectively;
                            (vii) by inserting after subparagraph (D) 
                        the following:
                    ``(E) providing training and technical assistance 
                to, and consultation with, juvenile justice and child 
                welfare agencies of States and units of local 
                government to develop coordinated plans for early 
                intervention and treatment of youth who have a history 
                of abuse and juveniles who have prior involvement with 
                the juvenile justice system;'';
                            (viii) in subparagraph (G), as so 
                        redesignated, by striking ``expanding'' and 
                        inserting ``programs to expand'';
                            (ix) by inserting after subparagraph (G), 
                        as so redesignated, the following:
                    ``(H) programs to improve the recruitment, 
                selection, training, and retention of professional 
                personnel in the fields of medicine, law enforcement, 
                judiciary, juvenile justice, social work and child 
                protection, education, and other relevant fields who 
                are engaged in, or intend to work in, the field of 
                prevention, identification, and treatment of 
                delinquency;
                    ``(I) expanding access to publicly supported, 
                court-appointed legal counsel and enhancing capacity 
                for the competent representation of every child;'';
                            (x) in subparagraph (O), as so 
                        redesignated--
                                    (I) in clause (i), by striking 
                                ``restraints'' and inserting 
                                ``alternatives''; and
                                    (II) in clause (ii), by striking 
                                ``by the provision''; and
                            (xi) in subparagraph (V), as so 
                        redesignated, by striking the period at the end 
                        and inserting a semicolon;
                    (G) in paragraph (11)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by adding ``and'' 
                        at the end; and
                            (iii) by adding at the end the following:
                    ``(C) encourage the use of community-based 
                alternatives to secure detention, including programs of 
                public and nonprofit entities receiving a grant under 
                part A of title III;'';
                    (H) by striking paragraph (22);
                    (I) by redesignating paragraphs (23) through (28) 
                as paragraphs (24) through (29), respectively;
                    (J) by redesignating paragraphs (14) through (21) 
                as paragraphs (16) through (23), respectively;
                    (K) by inserting after paragraph (13) the 
                following:
            ``(14) require that--
                    ``(A) not later than 3 years after the date of 
                enactment of the Juvenile Justice and Delinquency 
                Prevention Reauthorization Act of 2010, unless a court 
                finds, after a hearing and in writing, that it is in 
                the interest of justice, juveniles awaiting trial or 
                other legal process who are treated as adults for 
                purposes of prosecution in criminal court and housed in 
                a secure facility--
                            ``(i) shall not have contact with adult 
                        inmates; and
                            ``(ii) except as provided in paragraph 
                        (13), may not be held in any jail or lockup for 
                        adults;
                    ``(B) in determining under subparagraph (A) whether 
                it is in the interest of justice to permit a juvenile 
                to be held in any jail or lockup for adults, or have 
                contact with adult inmates, a court shall consider--
                            ``(i) the age of the juvenile;
                            ``(ii) the physical and mental maturity of 
                        the juvenile;
                            ``(iii) the present mental state of the 
                        juvenile, including whether the juvenile 
                        presents an imminent risk of harm to the 
                        juvenile;
                            ``(iv) the nature and circumstances of the 
                        alleged offense;
                            ``(v) the juvenile's history of prior 
                        delinquent acts;
                            ``(vi) the relative ability of the 
                        available adult and juvenile detention 
                        facilities to meet the specific needs of the 
                        juvenile and to protect the public;
                            ``(vii) whether placement in a juvenile 
                        facility will better serve the long-term 
                        interests of the juvenile and be more likely to 
                        prevent recidivism;
                            ``(viii) the availability of programs 
                        designed to treat the juvenile's behavioral 
                        problems; and
                            ``(ix) any other relevant factor; and
                    ``(C) if a court determines under subparagraph (A) 
                that it is in the interest of justice to permit a 
                juvenile to be held in any jail or lockup for adults, 
                or have contact with adult inmates--
                            ``(i) the court shall hold a hearing not 
                        less frequently than once every 30 days to 
                        review whether it is still in the interest of 
                        justice to permit the juvenile to be so held or 
                        have such contact; and
                            ``(ii) the juvenile shall not be held in 
                        any jail or lockup for adults, or permitted to 
                        have contact with adult inmates, for more than 
                        180 days, unless the court, in writing, 
                        determines there is good cause for an extension 
                        or the juvenile expressly waives this 
                        limitation;
            ``(15) provide for juvenile justice policy, practice, and 
        system improvement strategies at the State, territory, local, 
        and tribal levels, as applicable, to identify and reduce 
        racial, ethnic, and gender disparities among youth who come 
        into contact with the juvenile justice system (without 
        establishing or requiring numerical standards or quotas) by--
                    ``(A) establishing coordinating bodies composed of 
                juvenile justice stakeholders at the State, territory, 
                local, or tribal levels, to oversee and monitor efforts 
                by States, territories, units of local government, and 
                Indian tribes to reduce racial, ethnic, and gender 
                disparities;
                    ``(B) identifying and analyzing in State, 
                territory, local, or tribal juvenile justice systems 
                key decision points of arrest, referral, informal 
                resolution, detention, petition, adjudication, 
                probation, and placement and transfer to the adult 
                criminal justice system to determine which points 
                create racial, ethnic, and gender disparities among 
                youth who come into contact with the juvenile justice 
                system;
                    ``(C) developing and implementing data collection 
                and analysis systems to identify where racial, ethnic, 
                and gender disparities exist in the juvenile justice 
                system and to track and analyze such disparities;
                    ``(D) developing and implementing a plan of action 
                that includes measurable objectives for policy, 
                practice, or other system changes to reduce racial, 
                ethnic, and gender disparities, based on the needs 
                identified in the data collection and analysis under 
                subparagraph (B); and
                    ``(E) publicly reporting, on an annual basis, the 
                efforts made in accordance with subparagraphs (B), (C), 
                and (D);'';
                    (L) in paragraph (16), as so redesignated--
                            (i) by striking ``adequate system'' and 
                        inserting ``effective system'';
                            (ii) by striking ``requirements of 
                        paragraph (11),'' and all that follows through 
                        ``monitoring to the Administrator'' and 
                        inserting ``the core requirements are met, and 
                        for annual reporting to the Administrator of 
                        such plan, including the results of such 
                        monitoring and all related enforcement and 
                        educational activities''; and
                            (iii) by striking ``, in the opinion of the 
                        Administrator,'';
                    (M) in paragraph (17), as so redesignated, by 
                striking ``family income,'' and inserting ``ethnicity, 
                family income, sexual orientation, gender identity,'';
                    (N) in paragraph (24), as so redesignated--
                            (i) in subparagraph (B), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (C)--
                                    (I) in clause (i), by striking 
                                ``and'' at the end;
                                    (II) in clause (ii), by adding 
                                ``and'' at the end; and
                                    (III) by adding at the end the 
                                following:
                            ``(iii) if such court determines the 
                        juvenile should be placed in a secure detention 
                        facility or correctional facility for violating 
                        such order--
                                    ``(I) the court shall issue a 
                                written order that--
                                            ``(aa) identifies the valid 
                                        court order that has been 
                                        violated;
                                            ``(bb) specifies the 
                                        factual basis for determining 
                                        that there is reasonable cause 
                                        to believe that the juvenile 
                                        has violated such order;
                                            ``(cc) includes findings of 
                                        fact to support a determination 
                                        that there is no appropriate 
                                        less restrictive alternative 
                                        available to placing the 
                                        juvenile in such a facility, 
                                        with due consideration to the 
                                        best interest of the juvenile;
                                            ``(dd) specifies the length 
                                        of time, not to exceed 7 days, 
                                        that the juvenile may remain in 
                                        a secure detention facility or 
                                        correctional facility, and 
                                        includes a plan for the 
                                        juvenile's release from such 
                                        facility; and
                                            ``(ee) may not be renewed 
                                        or extended; and
                                    ``(II) the court may not issue a 
                                second or subsequent order described in 
                                subclause (I) relating to a juvenile, 
                                unless the juvenile violates a valid 
                                court order after the date on which the 
                                court issues an order described in 
                                subclause (I);''; and
                            (iii) by adding at the end the following:
                    ``(D) there are procedures in place to ensure that 
                any juvenile held in a secure detention facility or 
                correctional facility pursuant to a court order 
                described in this paragraph does not remain in custody 
                longer than 7 days or the length of time authorized by 
                the court, which ever is shorter; and
                    ``(E) not later than 3 years after the date of 
                enactment of the Juvenile Justice and Delinquency 
                Prevention Reauthorization Act of 2010, with not more 
                than one 1-year extension if the State can demonstrate 
                hardship as determined by the Administrator, the State 
                will eliminate the use of valid court orders to provide 
                secure lockup of status offenders;'';
                    (O) in paragraph (26), as so redesignated, by 
                striking ``section 222(d)'' and inserting ``section 
                222(e)'';
                    (P) in paragraph (27), as so redesignated--
                            (i) by inserting ``and in accordance with 
                        confidentiality concerns,'' after ``maximum 
                        extent practicable,''; and
                            (ii) by striking the semicolon at the end 
                        and inserting the following: ``, so as to 
                        provide for--
                    ``(A) a compilation of data reflecting information 
                on juveniles entering the juvenile justice system with 
                a prior reported history as victims of child abuse or 
                neglect through arrest, court intake, probation and 
                parole, juvenile detention, and corrections; and
                    ``(B) a plan to use the data described in 
                subparagraph (A) to provide necessary services for the 
                treatment of victims of child abuse and neglect who 
                have entered, or are at risk of entering, the juvenile 
                justice system;'';
                    (Q) in paragraph (28), as so redesignated--
                            (i) by striking ``establish policies'' and 
                        inserting ``establish protocols, policies, 
                        procedures,''; and
                            (ii) by striking ``and'' at the end;
                    (R) in paragraph (29), as so redesignated, by 
                striking the period at the end and inserting a 
                semicolon; and
                    (S) by adding at the end the following:
            ``(30) provide for the coordinated use of funds provided 
        under this Act with other Federal and State funds directed at 
        juvenile delinquency prevention and intervention programs;
            ``(31) develop policies and procedures, and provide 
        training for facility staff to eliminate the use of dangerous 
        practices, unreasonable restraints, and unreasonable isolation, 
        including by developing effective behavior management 
        techniques;
            ``(32) describe--
                    ``(A) how the State will ensure that mental health 
                and substance abuse screening, assessment, referral, 
                and treatment for juveniles in the juvenile justice 
                system includes efforts to implement an evidence-based 
                mental health and substance abuse disorder screening 
                and assessment program for all juveniles held in a 
                secure facility for a period of more than 24 hours that 
                provides for 1 or more initial screenings and, if an 
                initial screening of a juvenile demonstrates a need, 
                further assessment;
                    ``(B) the method to be used by the State to provide 
                screening and, where needed, assessment, referral, and 
                treatment for youth who request or show signs of 
                needing mental health or substance abuse screening, 
                assessment, referral, or treatment during the period 
                after the initial screening that the youth is 
                incarcerated;
                    ``(C) the method to be used by the State to provide 
                or arrange for mental health and substance abuse 
                disorder treatment for juveniles determined to be in 
                need of such treatment; and
                    ``(D) the policies of the State designed to develop 
                and implement comprehensive collaborative State or 
                local plans to meet the service needs of juveniles with 
                mental health or substance abuse needs who come into 
                contact with the justice system and the families of the 
                juveniles;
            ``(33) provide procedural safeguards to adjudicated 
        juveniles, including--
                    ``(A) a written case plan for each juvenile, based 
                on an assessment of the needs of the juvenile and 
                developed and updated in consultation with the 
                juvenile, the family of the juvenile, and, if 
                appropriate, counsel for the juvenile, that--
                            ``(i) describes the pre-release and post-
                        release programs and reentry services that will 
                        be provided to the juvenile;
                            ``(ii) describes the living arrangement to 
                        which the juvenile is to be discharged; and
                            ``(iii) establishes a plan for the 
                        enrollment of the juvenile in post-release 
                        health care, behavioral health care, 
                        educational, vocational, training, family 
                        support, pregnancy and parenting support, 
                        public assistance, and legal services programs, 
                        as appropriate;
                    ``(B) as appropriate, a hearing that--
                            ``(i) shall take place in a family or 
                        juvenile court or another court (including a 
                        tribal court) of competent jurisdiction, or by 
                        an administrative body appointed or approved by 
                        the court, not earlier than 30 days before the 
                        date on which the juvenile is scheduled to be 
                        released, and at which the juvenile shall be 
                        represented by counsel; and
                            ``(ii) shall determine the discharge plan 
                        for the juvenile, including a determination of 
                        whether a safe, appropriate, and permanent 
                        living arrangement has been secured for the 
                        juvenile and whether enrollment in health care, 
                        behavioral health care, educational, 
                        vocational, training, family support, pregnancy 
                        and parenting support, public assistance, and 
                        legal services programs, as appropriate, has 
                        been arranged for the juvenile; and
                    ``(C) policies to ensure that discharge planning 
                and procedures--
                            ``(i) are accomplished in a timely fashion 
                        prior to the release from custody of each 
                        adjudicated juvenile; and
                            ``(ii) do not delay the release from 
                        custody of the juvenile; and
            ``(34) provide a description of the use by the State of 
        funds for reentry and aftercare services for juveniles released 
        from the juvenile justice system.'';
            (2) in subsection (c)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``applicable requirements 
                        of paragraphs (11), (12), (13), and (22) of 
                        subsection (a)'' and inserting ``core 
                        requirements''; and
                            (ii) by striking ``2001, then'' and 
                        inserting ``2010'';
                    (B) in paragraph (1)--
                            (i) by striking ``the subsequent fiscal 
                        year'' and inserting ``that fiscal year''; and
                            (ii) by striking ``, and'' at the end and 
                        inserting a semicolon;
                    (C) in paragraph (2)(B)(ii)--
                            (i) by inserting ``, administrative,'' 
                        after ``appropriate executive''; and
                            (ii) by striking the period at the end and 
                        inserting ``, as specified in section 222(c); 
                        and''; and
                    (D) by adding at the end the following:
            ``(3) the State shall submit to the Administrator a report 
        detailing the reasons for noncompliance with the core 
        requirements, including the plan of the State to regain full 
        compliance, and the State shall make publicly available such 
        report, not later than 30 days after the date on which the 
        Administrator approves the report, by posting the report on a 
        publicly available website.'';
            (3) in subsection (d)--
                    (A) by striking ``section 222(d)'' and inserting 
                ``section 222(e)'';
                    (B) by striking ``described in paragraphs (11), 
                (12), (13), and (22) of subsection (a)'' and inserting 
                ``described in the core requirements''; and
                    (C) by striking ``the requirements under paragraphs 
                (11), (12), (13), and (22) of subsection (a)'' and 
                inserting ``the core requirements''; and
            (4) by striking subsection (f) and inserting the following:
    ``(f) Compliance Determination.--
            ``(1) In general.--Not later than 60 days after the date of 
        receipt of information indicating that a State may be out of 
        compliance with any of the core requirements, the Administrator 
        shall determine whether the State is in compliance with the 
        core requirements.
            ``(2) Reporting.--The Administrator shall--
                    ``(A) issue an annual public report--
                            ``(i) describing any determination 
                        described in paragraph (1) made during the 
                        previous year, including a summary of the 
                        information on which the determination is based 
                        and the actions to be taken by the 
                        Administrator (including a description of any 
                        reduction imposed under subsection (c)); and
                            ``(ii) for any such determination that a 
                        State is out of compliance with any of the core 
                        requirements, describing the basis for the 
                        determination; and
                    ``(B) make the report described in subparagraph (A) 
                available on a publicly available website.
    ``(g) Technical Assistance.--
            ``(1) Organization of state advisory group member 
        representatives.--The Administrator shall provide technical and 
        financial assistance to an agency, institution, or organization 
        to assist in carrying out the activities described in paragraph 
        (3). The functions and activities of an agency, institution, or 
        organization under this subsection shall not be subject to the 
        Federal Advisory Committee Act.
            ``(2) Composition.--To be eligible to receive assistance 
        under this subsection, an agency, institution, or organization 
        shall--
                    ``(A) be governed by individuals who--
                            ``(i) have been appointed by a chief 
                        executive of a State to serve as a member of a 
                        State advisory group established under 
                        subsection (a)(3); and
                            ``(ii) are elected to serve as a governing 
                        officer of such an agency, institution, or 
                        organization by a majority of the member Chairs 
                        (or the designees of the member Chairs) of all 
                        State advisory groups established under 
                        subsection (a)(3);
                    ``(B) include member representatives--
                            ``(i) from a majority of the State advisory 
                        groups established under subsection (a)(3); and
                            ``(ii) who are representative of regionally 
                        and demographically diverse State 
                        jurisdictions; and
                    ``(C) annually seek advice from the Chairs (or the 
                designees of the member Chairs) of each State advisory 
                group established under subsection (a)(3) to implement 
                the advisory functions specified in subparagraphs (D) 
                and (E) of paragraph (3) of this subsection.
            ``(3) Activities.--To be eligible to receive assistance 
        under this subsection, an agency, institution, or organization 
        shall agree to--
                    ``(A) conduct an annual conference of the member 
                representatives of the State advisory groups 
                established under subsection (a)(3) for purposes 
                relating to the activities of such State advisory 
                groups;
                    ``(B) disseminate information, data, standards, 
                advanced techniques, and program models;
                    ``(C) review Federal policies regarding juvenile 
                justice and delinquency prevention;
                    ``(D) advise the Administrator regarding particular 
                functions or aspects of the work of the Office; and
                    ``(E) advise the President and Congress regarding 
                State perspectives on the operation of the Office and 
                Federal legislation relating to juvenile justice and 
                delinquency prevention.''.

SEC. 206. AUTHORITY TO MAKE GRANTS.

    Section 241(a) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5651(a)) is amended--
            (1) in paragraph (1), by inserting ``status offenders,'' 
        before ``juvenile offenders, and juveniles'';
            (2) in paragraph (5), by striking ``juvenile offenders and 
        juveniles'' and inserting ``status offenders, juvenile 
        offenders, and juveniles'';
            (3) in paragraph (10), by inserting ``, including juveniles 
        with disabilities'' before the semicolon;
            (4) in paragraph (17), by inserting ``truancy prevention 
        and reduction,'' after ``mentoring,'';
            (5) in paragraph (24), by striking ``and'' at the end;
            (6) by redesignating paragraph (25) as paragraph (26); and
            (7) by inserting after paragraph (24) the following:
            ``(25) projects that support the establishment of 
        partnerships between a State and a university, institution of 
        higher education, or research center designed to improve the 
        recruitment, selection, training, and retention of professional 
        personnel in the fields of medicine, law enforcement, 
        judiciary, juvenile justice, social work and child protection, 
        education, and other relevant fields who are engaged in, or 
        intend to work in, the field of prevention, identification, and 
        treatment of delinquency; and''.

SEC. 207. GRANTS TO INDIAN TRIBES.

    (a) In General.--Section 246(a)(2) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5656(a)(2)) is amended--
            (1) by striking subparagraph (A);
            (2) by redesignating subparagraphs (B) through (E) as 
        subparagraphs (A) through (D), respectively; and
            (3) in subparagraph (B)(ii), as so redesignated, by 
        striking ``subparagraph (B)'' and inserting ``subparagraph 
        (A)''.
    (b) Technical and Conforming Amendment.--Section 223(a)(7)(A) of 
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
5633(a)(7)(A)) is amended by striking ``(including any geographical 
area in which an Indian tribe performs law enforcement functions)'' and 
inserting ``(including any geographical area of which an Indian tribe 
has jurisdiction)''.

SEC. 208. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION 
              DISSEMINATION.

    (a) In General.--Section 251 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5661) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the matter proceeding subparagraph 
                        (A), by striking ``may'' and inserting 
                        ``shall'';
                            (ii) in subparagraph (A), by striking 
                        ``plan and identify'' and inserting ``annually 
                        provide a written and publicly available plan 
                        to identify''; and
                            (iii) in subparagraph (B)--
                                    (I) by amending clause (iii) to 
                                read as follows:
                    ``(iii) successful efforts to prevent status 
                offenders and first-time minor offenders from 
                subsequent involvement with the criminal justice 
                system;'';
                                    (II) by amending clause (vii) to 
                                read as follows:
                    ``(vii) the prevalence and duration of behavioral 
                health needs (including mental health, substance abuse, 
                and co-occurring disorders) among juveniles pre-
                placement and post-placement when held in the custody 
                of secure detention and corrections facilities, 
                including an examination of the effects of 
                confinement;'';
                                    (III) by redesignating clauses 
                                (ix), (x), and (xi) as clauses (xi), 
                                (xii), and (xiii), respectively; and
                                    (IV) by inserting after clause 
                                (viii) the following:
                    ``(ix) training efforts and reforms that have 
                produced reductions in or elimination of the use of 
                dangerous practices;
                    ``(x) methods to improve the recruitment, 
                selection, training, and retention of professional 
                personnel in the fields of medicine, law enforcement, 
                judiciary, juvenile justice, social work and child 
                protection, education, and other relevant fields who 
                are engaged in, or intend to work in, the field of 
                prevention, identification, and treatment of 
                delinquency;'';
                    (B) in paragraph (4)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``and not later than 1 year 
                        after the date of enactment of the Juvenile 
                        Justice and Delinquency Prevention 
                        Reauthorization Act of 2010'' after ``date of 
                        enactment of this paragraph'';
                            (ii) in subparagraph (F), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (G), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iv) by adding at the end the following:
            ``(H) a description of the best practices in discharge 
        planning; and
            ``(I) an assessment of living arrangements for juveniles 
        who cannot return to the homes of the juveniles.''; and
                    (C) by adding at the end the following:
            ``(5) Not later than 3 years after the date of enactment of 
        this paragraph, the Administrator shall--
                    ``(A) complete a study with respect to meeting the 
                needs of female youth and of youth with a prior history 
                of sexual or physical victimization, which shall 
                include--
                            ``(i) identifying screening and assessment 
                        tools that have a favorable gender-based 
                        performance rating and that effectively 
                        identify histories of child abuse, sexual 
                        assault, dating violence, other sexual 
                        victimization, and witnessing domestic 
                        violence;
                            ``(ii) identifying links between exposure 
                        to violence and abuse (including domestic 
                        violence, dating violence, and sexual assault) 
                        and behaviors that bring youth into contact 
                        with the juvenile justice system that could 
                        assist with the goal of developing better 
                        services and care for youth who are exposed to 
                        such violence and abuse and who come into 
                        contact with the juvenile justice system;
                            ``(iii) assessing whether the provision of 
                        educational and recreational programs for 
                        female youth is equitable compared to the 
                        provision of such programs for males; and
                            ``(iv) identifying and evaluating gender-
                        specific care and practices for juvenile 
                        offenders, including--
                                    ``(I) care and practices related to 
                                hygiene needs, pregnancy and sexual 
                                health, access to family (including 
                                children of offenders), and the 
                                provision of services and treatment for 
                                current and past physical or sexual 
                                victimization;
                                    ``(II) the availability of equal 
                                access for males and females to 
                                programs and services, including 
                                opportunities for physical exercise; 
                                and
                                    ``(III) practices related to 
                                gender-responsive training for staff, 
                                supervision of female youth by female 
                                staff, restraint and isolation 
                                practices; and protection from abuse 
                                while in institutions; and
                            ``(v) evaluating prevention, treatment, or 
                        rehabilitation programs for female youth that 
                        are promising or research-based with the goal 
                        of identifying a set of evidence-based programs 
                        for such youth; and
                    ``(B) submit to Congress and the President a report 
                on the results of the study carried out under 
                subparagraph (A), including recommendations on the 
                following:
                            ``(i) A standard set of screening and 
                        assessment tools described in subparagraph 
                        (A)(i), based on the study of tools conducted 
                        under such subparagraph, that may be used to 
                        screen and assess juvenile offenders.
                            ``(ii) Appropriate training for personnel 
                        working with female juveniles who are victims 
                        of sexual violence.
                            ``(iii) Referral to services or treatment.
                            ``(iv) Cross-agency collaboration.
                            ``(v) Issues related to confidentiality.
                            ``(vi) Standards for gender-specific care 
                        and practices for juvenile offenders, based on 
                        the study of such care and practices conducted 
                        under subparagraph (A)(iv).'';
            (2) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``may'' and inserting ``shall''; and
            (3) by adding at the end the following:
    ``(f) National Recidivism Measure.--The Administrator, in 
consultation with experts in the field of juvenile justice research, 
recidivism, and data collection, shall--
            ``(1) establish a uniform method of data collection and 
        technology that States shall use to evaluate data on juvenile 
        recidivism on an annual basis;
            ``(2) establish a common national juvenile recidivism 
        measurement system; and
            ``(3) make cumulative juvenile recidivism data that is 
        collected from States available to the public.''.
    (b) Studies.--
            (1) Assessment of treating juveniles as adults.--The 
        Administrator shall--
                    (A) not later than 3 years after the date of 
                enactment of this Act, assess the effectiveness of the 
                practice of treating youth under 18 years of age as 
                adults for purposes of prosecution in criminal court; 
                and
                    (B) not later than 42 months after the date of 
                enactment of this Act, submit to Congress and the 
                President, and make publicly available, a report on the 
                findings and conclusions of the assessment under 
                subparagraph (A) and any recommended changes in law 
                identified as a result of the assessment under 
                subparagraph (A).
            (2) Outcome study of former juvenile offenders.--The 
        Administrator shall conduct a study of adjudicated juveniles 
        and publish a report on the outcomes for juveniles who have 
        reintegrated into the community, which shall include 
        information on the outcomes relating to family reunification, 
        housing, education, employment, health care, behavioral health 
        care, and repeat offending.
            (3) Disabilities.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall conduct a study 
        that addresses the prevalence of disability and various types 
        of disabilities in the juvenile justice population.
            (4) Definition of administrator.--In this subsection, the 
        term ``Administrator'' means the head of the Office of Juvenile 
        Justice and Delinquency Prevention.

SEC. 209. TRAINING AND TECHNICAL ASSISTANCE.

    Section 252 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5662) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``may'';
                    (B) in paragraph (1), by inserting ``shall'' before 
                ``develop and carry out projects''; and
                    (C) in paragraph (2), by inserting ``may'' before 
                ``make grants to and contracts with'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``may'';
                    (B) in paragraph (1)--
                            (i) by inserting ``shall'' before ``develop 
                        and implement projects''; and
                            (ii) by striking ``and'' at the end;
                    (C) in paragraph (2)--
                            (i) by inserting ``may'' before ``make 
                        grants to and contracts with''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(3) shall provide technical assistance to States and 
        units of local government on achieving compliance with the 
        amendments made by the Juvenile Justice and Delinquency 
        Prevention Reauthorization Act of 2010; and
            ``(4) shall provide technical assistance to States in 
        support of efforts to establish partnerships between the State 
        and an institution of higher education or research center 
        designed to improve the recruitment, selection, training, and 
        retention of professional personnel in the fields of medicine, 
        law enforcement, judiciary, juvenile justice, social work and 
        child protection, education, and other relevant fields who are 
        engaged in, or intend to work in, the field of prevention, 
        identification, and treatment of delinquency.''; and
            (3) by adding at the end the following:
    ``(d) Technical Assistance to States Regarding Legal Representation 
of Children.--The Administrator shall develop and issue standards of 
practice for attorneys representing children, and ensure that the 
standards are adapted for use in States.
    ``(e) Training and Technical Assistance for Local and State 
Juvenile Detention and Corrections Personnel.--The Administrator shall 
coordinate training and technical assistance programs with juvenile 
detention and corrections personnel of States and units of local 
government to--
            ``(1) promote methods for improving conditions of juvenile 
        confinement, including those that are designed to minimize the 
        use of dangerous practices, unreasonable restraints, and 
        isolation; and
            ``(2) encourage alternative behavior management techniques.
    ``(f) Training and Technical Assistance to Support Mental Health or 
Substance Abuse Treatment Including Home-Based or Community-Based 
Care.--The Administrator shall provide training and technical 
assistance, in conjunction with the appropriate public agencies, to 
individuals involved in making decisions regarding the disposition of 
cases for youth who enter the juvenile justice system about the 
appropriate services and placement for youth with mental health or 
substance abuse needs, including--
            ``(1) juvenile justice intake personnel;
            ``(2) probation officers;
            ``(3) juvenile court judges and court services personnel;
            ``(4) prosecutors and court-appointed counsel; and
            ``(5) family members of juveniles and family advocates.
    ``(g) Training To Meet the Needs of Female Youth in Contact With 
the Juvenile Justice System.--The Administrator shall provide training 
to law enforcement, juvenile court judges, attorneys, and staff who 
work with youth in detention related to--
            ``(1) the benefits and availability of community-based 
        alternatives to incarceration, especially for youth who have 
        experienced physical or sexual abuse or other trauma;
            ``(2) indicators of possible abuse (including child abuse, 
        domestic violence, dating violence, and sexual assault), and 
        proper referral of youth who demonstrate such indicators for 
        further assessment and services;
            ``(3) examples of possible bias in arrest patterns and case 
        processing, such as detention for technical violations, 
        detention to protect female youth from sexual victimization, 
        and intolerance of female youth who violate social norms 
        related to sexuality and compliance; and
            ``(4) strength-based and gender-responsive programming.''.

SEC. 210. GRANTS FOR YOUTH AND FAMILY SERVING ORGANIZATIONS.

    Section 261 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5665) is amended by adding at the end the following:
    ``(c) Grants for Youth and Family Serving Organizations.--
            ``(1) In general.--The Administrator, using a competitive 
        process, may make grants to and enter contracts with qualified 
        youth and family serving organizations, or combinations 
        thereof, to provide an integrated continuum of services and 
        programs for the prevention, control, or reduction of juvenile 
        delinquency.
            ``(2) Definitions.--In this subsection--
                    ``(A) the term `integrated continuum of services 
                and programs' means a variety of services and programs 
                for youth at risk of becoming juvenile offenders and 
                families of such youth, with each service or program--
                            ``(i) sharing a well-defined set of 
                        procedures and practices that are applied 
                        similarly in different situations and programs;
                            ``(ii) being replicable and producing 
                        results that can be observed, tracked, and 
                        measured;
                            ``(iii) sharing a common theory and 
                        philosophy of care;
                            ``(iv) operating in a manner that allows 
                        youth and families to move across different 
                        service levels and expect and experience the 
                        same teaching methods, language, expectations, 
                        and outcome goals from caregivers and other 
                        providers; and
                            ``(v) allowing each youth and family to 
                        maintain and build on the success achieved at a 
                        previous level of service; and
                    ``(B) the term `qualified youth and family serving 
                organization' means a private, nonprofit youth and 
                family serving organization that--
                            ``(i) provides an integrated continuum of 
                        programs and services for youth at risk of 
                        becoming juvenile offenders and the families of 
                        such youth in areas affected by poverty and 
                        violence;
                            ``(ii) serves a large percentage of 
                        eligible youth at risk of becoming juvenile 
                        offenders and provides evidence-based, or 
                        evidence-informed, services and programs;
                            ``(iii) teaches social and independent 
                        living skills for youth and families, builds 
                        healthy relationships between youth and 
                        families, and promotes self-government and 
                        self-determination for all youth and families 
                        served; and
                            ``(iv) is successful in balancing public 
                        funds with private donations and maximizing 
                        community involvement.''.

SEC. 211. INCENTIVE GRANTS FOR STATE AND LOCAL PROGRAMS.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended--
            (1) by redesignating part F as part G; and
            (2) by inserting after part E the following:

        ``PART F--INCENTIVE GRANTS FOR STATE AND LOCAL PROGRAMS

``SEC. 271. INCENTIVE GRANTS.

    ``(a) Incentive Grant Funds.--
            ``(1) In general.--The Administrator may make incentive 
        grants to a State, unit of local government, or combination of 
        States and local governments to assist a State, unit of local 
        government, or combination thereof in carrying out an activity 
        identified in subsection (b)(1).
            ``(2) Limited eligibility.--Notwithstanding paragraph (1), 
        the Administrator may only make incentive grants to carry out 
        the activities described in subparagraph (F) of subsection 
        (b)(1) to eligible States. For the purposes of this paragraph, 
        an eligible State is--
                    ``(A) a State that the Administrator determines, at 
                the time of application for such a grant, is not 
                engaged in comprehensive detention reform based upon 
                national best practices (as defined in section 103); or
                    ``(B) a State that the Administrator determines, at 
                the time of application for such a grant, is engaged in 
                such comprehensive detention reform based upon national 
                best practices, but that demonstrates to the 
                Administrator that the State will use such a grant to 
                enhance or expand such reform (such as by expanding 
                such reform to include additional local jurisdictions 
                in the State, or by building a State infrastructure 
                capable of supporting and sustaining detention reform 
                at the local level).
    ``(b) Use of Funds.--
            ``(1) In general.--An incentive grant made by the 
        Administrator under this section may be used to--
                    ``(A) increase the use of evidence-based or 
                promising prevention and intervention programs;
                    ``(B) improve the recruitment, selection, training, 
                and retention of professional personnel (including in 
                the fields of medicine, law enforcement, judiciary, 
                juvenile justice, social work, and child prevention) 
                who are engaged in, or intend to work in, the field of 
                prevention, intervention, and treatment of juveniles to 
                reduce delinquency;
                    ``(C) establish or support a partnership between 
                juvenile justice agencies of a State or unit of local 
                government and mental health authorities of State or 
                unit of local government to establish and implement 
                programs to ensure there are adequate mental health and 
                substance abuse screening, assessment, referral, 
                treatment, and after-care services for juveniles who 
                come into contact with the juvenile justice system by--
                            ``(i) carrying out programs that divert 
                        from incarceration juveniles who come into 
                        contact with the juvenile justice system 
                        (including facilities contracted for operation 
                        by State or local juvenile authorities) and 
                        have mental health or substance abuse needs--
                                    ``(I) when such juveniles are at 
                                imminent risk of being taken into 
                                custody;
                                    ``(II) at the time such juveniles 
                                are initially taken into custody;
                                    ``(III) after such juveniles are 
                                charged with an offense or act of 
                                juvenile delinquency;
                                    ``(IV) after such juveniles are 
                                adjudicated delinquent and before case 
                                disposition; and
                                    ``(V) after such juveniles are 
                                committed to secure placement; or
                            ``(ii) improving treatment of juveniles 
                        with mental health needs by working to ensure--
                                    ``(I) that--
                                            ``(aa) initial mental 
                                        health screening is--

                                                    ``(AA) completed 
                                                for a juvenile 
                                                immediately upon 
                                                entering the juvenile 
                                                justice system or a 
                                                juvenile facility; and

                                                    ``(BB) conducted by 
                                                qualified health and 
                                                mental health 
                                                professionals or by 
                                                staff who have been 
                                                trained by qualified 
                                                health, mental health, 
                                                and substance abuse 
                                                professionals; and

                                            ``(bb) in the case of 
                                        screening, results that 
                                        indicate possible need for 
                                        mental health or substance 
                                        abuse services are reviewed by 
                                        qualified mental health or 
                                        substance abuse treatment 
                                        professionals not later than 24 
                                        hours after the screening;
                                    ``(II) that a juvenile who suffers 
                                from an acute mental disorder, is 
                                suicidal, or is in need of medical 
                                attention due to intoxication is--
                                            ``(aa) placed in or 
                                        immediately transferred to an 
                                        appropriate medical or mental 
                                        health facility; and
                                            ``(bb) only admitted to a 
                                        secure correctional facility 
                                        with written medical clearance;
                                    ``(III) that--
                                            ``(aa) for a juvenile 
                                        identified by a screening as 
                                        needing a mental health 
                                        assessment, the mental health 
                                        assessment and any indicated 
                                        comprehensive evaluation or 
                                        individualized treatment plan 
                                        are written and implemented--

                                                    ``(AA) not later 
                                                than 2 weeks after the 
                                                date on which the 
                                                juvenile enters the 
                                                juvenile justice 
                                                system; or

                                                    ``(BB) if a 
                                                juvenile is entering a 
                                                secure facility, not 
                                                later than 1 week after 
                                                the date on which the 
                                                juvenile enters the 
                                                juvenile justice 
                                                system; and

                                            ``(bb) the assessments 
                                        described in item (aa) are 
                                        completed by qualified health, 
                                        mental health, and substance 
                                        abuse professionals;
                                    ``(IV) that--
                                            ``(aa) if the need for 
                                        treatment is indicated by the 
                                        assessment of a juvenile, the 
                                        juvenile is referred to or 
                                        treated by a qualified 
                                        professional;
                                            ``(bb) a juvenile who is 
                                        receiving treatment for a 
                                        mental health or substance 
                                        abuse need on the date of the 
                                        assessment continues to receive 
                                        treatment;
                                            ``(cc) treatment of a 
                                        juvenile continues until a 
                                        qualified mental health 
                                        professional determines that 
                                        the juvenile is no longer in 
                                        need of treatment; and
                                            ``(dd) treatment plans for 
                                        juveniles are reevaluated at 
                                        least every 30 days;
                                    ``(V) that--
                                            ``(aa) discharge plans are 
                                        prepared for an incarcerated 
                                        juvenile when the juvenile 
                                        enters the correctional 
                                        facility in order to integrate 
                                        the juvenile back into the 
                                        family and the community;
                                            ``(bb) discharge plans for 
                                        an incarcerated juvenile are 
                                        updated, in consultation with 
                                        the family or guardian of a 
                                        juvenile, before the juvenile 
                                        leaves the facility; and
                                            ``(cc) discharge plans 
                                        address the provision of 
                                        aftercare services;
                                    ``(VI) that any juvenile in the 
                                juvenile justice system receiving 
                                psychotropic medications is--
                                            ``(aa) under the care of a 
                                        licensed psychiatrist; and
                                            ``(bb) monitored regularly 
                                        by trained staff to evaluate 
                                        the efficacy and side effects 
                                        of the psychotropic 
                                        medications; and
                                    ``(VII) that specialized treatment 
                                and services are continually available 
                                to a juvenile in the juvenile justice 
                                system who has--
                                            ``(aa) a history of mental 
                                        health needs or treatment;
                                            ``(bb) a documented history 
                                        of sexual offenses or sexual 
                                        abuse, as a victim or 
                                        perpetrator;
                                            ``(cc) substance abuse 
                                        needs or a health problem, 
                                        learning disability, or history 
                                        of family abuse or violence; or
                                            ``(dd) developmental 
                                        disabilities;
                    ``(D) provide training, in conjunction with the 
                public or private agency that provides mental health 
                services, to individuals involved in making decisions 
                involving youth who enter the juvenile justice system 
                (including intake personnel, law enforcement, 
                prosecutors, juvenile court judges, public defenders, 
                mental health and substance abuse service providers and 
                administrators, probation officers, and parents) that 
                focuses on--
                            ``(i) the availability of screening and 
                        assessment tools and the effective use of such 
                        tools;
                            ``(ii) the purpose, benefits, and need to 
                        increase availability of mental health or 
                        substance abuse treatment programs (including 
                        home-based and community-based programs) 
                        available to juveniles within the jurisdiction 
                        of the recipient;
                            ``(iii) the availability of public and 
                        private services available to juveniles to pay 
                        for mental health or substance abuse treatment 
                        programs; or
                            ``(iv) the appropriate use of effective 
                        home-based and community-based alternatives to 
                        juvenile justice or mental health system 
                        institutional placement;
                    ``(E) develop comprehensive collaborative plans to 
                address the service needs of juveniles with mental 
                health or substance abuse disorders who are at risk of 
                coming into contact with the juvenile justice system 
                that--
                            ``(i) revise and improve the delivery of 
                        intensive home-based and community-based 
                        services to juveniles who have been in contact 
                        with (or who are at risk of coming into contact 
                        with) the juvenile justice system;
                            ``(ii) determine how the service needs of 
                        juveniles with mental health or substance abuse 
                        disorders who come into contact with the 
                        juvenile justice system will be furnished from 
                        the initial detention stage until after 
                        discharge in order for these juveniles to avoid 
                        further contact with the justice system;
                            ``(iii) demonstrate that the State or unit 
                        of local government has entered into 
                        appropriate agreements with all entities 
                        responsible for providing services under the 
                        plan, such as the agency of the State or unit 
                        of local government charged with administering 
                        juvenile justice programs, the agency of the 
                        State or unit of local government charged with 
                        providing mental health services, the agency of 
                        the State or unit of local government charged 
                        with providing substance abuse treatment 
                        services, the educational agency of the State 
                        or unit of local government, the child welfare 
                        system of the State or local government, and 
                        private nonprofit community-based 
                        organizations;
                            ``(iv) ensure that the State or unit of 
                        local government has in effect any laws 
                        necessary for services to be delivered in 
                        accordance with the plan;
                            ``(v) establish a network of individuals 
                        (or incorporates an existing network) to 
                        provide coordination between mental health 
                        service providers, substance abuse service 
                        providers, probation and parole officers, 
                        judges, corrections personnel, law enforcement 
                        personnel, State and local educational agency 
                        personnel, parents and families, and other 
                        appropriate parties regarding effective 
                        treatment of juveniles with mental health or 
                        substance abuse disorders;
                            ``(vi) provide for cross-system training 
                        among law enforcement personnel, corrections 
                        personnel, State and local educational agency 
                        personnel, mental health service providers, and 
                        substance abuse service providers to enhance 
                        collaboration among systems;
                            ``(vii) provide for coordinated and 
                        effective aftercare programs for juveniles who 
                        have been diagnosed with a mental health or 
                        substance abuse disorder and who are discharged 
                        from home-based care, community-based care, any 
                        other treatment program, secure detention 
                        facilities, secure correctional facilities, or 
                        jail;
                            ``(viii) provide for the purchase of 
                        technical assistance to support the 
                        implementation of the plan;
                            ``(ix) estimate the costs of implementing 
                        the plan and proposes funding sources 
                        sufficient to meet the non-Federal funding 
                        requirements for implementation of the plan 
                        under subsection (c)(2)(E);
                            ``(x) describe the methodology to be used 
                        to identify juveniles at risk of coming into 
                        contact with the juvenile justice system;
                            ``(xi) provide a written plan to ensure 
                        that all training and services provided under 
                        the plan will be culturally and linguistically 
                        competent; and
                            ``(xii) describe the outcome measures and 
                        benchmarks that will be used to evaluate the 
                        progress and effectiveness of the plan; and
                    ``(F) support State and local efforts to promote 
                comprehensive detention reform based upon national best 
                practices (as defined in section 103), including--
                            ``(i) providing funding to States for use 
                        by such States and units of local government 
                        within such States to conduct planning and 
                        implementation of such comprehensive detention 
                        reform; and
                            ``(ii) providing training, technical 
                        assistance, travel costs, and other resources 
                        to States for use by such States and units of 
                        local government within such States for efforts 
                        to implement the comprehensive detention reform 
                        strategies described in paragraph (41)(B) of 
                        section 103.
            ``(2) Coordination and administration.--A State or unit of 
        local government receiving a grant under this section shall 
        ensure that--
                    ``(A) the use of the grant under this section is 
                developed as part of the State plan required under 
                section 223(a); and
                    ``(B) not more than 5 percent of the amount 
                received under this section is used for administration 
                of the grant under this section.
    ``(c) Application.--
            ``(1) In general.--A State or unit of local government 
        desiring a grant under this section shall submit an application 
        at such time, in such manner, and containing such information 
        as the Administrator may prescribe.
            ``(2) Contents.--In accordance with guidelines that shall 
        be established by the Administrator, each application for 
        incentive grant funding under this section shall--
                    ``(A) describe any activity or program the funding 
                would be used for and how the activity or program is 
                designed to carry out 1 or more of the activities 
                described in subsection (b);
                    ``(B) if any of the funds provided under the grant 
                would be used for evidence-based or promising 
                prevention or intervention programs, include a detailed 
                description of the studies, findings, or practice 
                knowledge that support the assertion that such programs 
                qualify as evidence-based or promising;
                    ``(C) for any program for which funds provided 
                under the grant would be used that is not evidence-
                based or promising, include a detailed description of 
                any studies, findings, or practice knowledge which 
                support the effectiveness of the program;
                    ``(D) if the funds provided under the grant will be 
                used for an activity described in subsection (b)(1)(D), 
                include a certification that the State or unit of local 
                government--
                            ``(i) will work with public or private 
                        entities in the area to administer the training 
                        funded under subsection (b)(1)(D), to ensure 
                        that such training is comprehensive, 
                        constructive, linguistically and culturally 
                        competent, and of a high quality;
                            ``(ii) is committed to a goal of increasing 
                        the diversion of juveniles coming under its 
                        jurisdiction into appropriate home-based or 
                        community-based care when the interest of the 
                        juvenile and public safety allow;
                            ``(iii) intends to use amounts provided 
                        under a grant under this section for an 
                        activity described in subsection (b)(1)(D) to 
                        further such goal; and
                            ``(iv) has a plan to demonstrate, using 
                        appropriate benchmarks, the progress of the 
                        agency in meeting such goal; and
                    ``(E) if the funds provided under the grant will be 
                used for an activity described in subsection (b)(1)(D), 
                include a certification that not less than 25 percent 
                of the total cost of the training described in 
                subsection (b)(1)(D) that is conducted with the grant 
                under this section will be contributed by non-Federal 
                sources.
    ``(d) Requirements for Grants To Establish Partnerships.--
            ``(1) Mandatory reporting.--A State or unit of local 
        government receiving a grant for an activity described in 
        subsection (b)(1)(C) shall keep records of the incidence and 
        types of mental health and substance abuse disorders in their 
        juvenile justice populations, the range and scope of services 
        provided, and barriers to service. The State or unit of local 
        government shall submit an analysis of this information yearly 
        to the Administrator.
            ``(2) Staff ratios for correctional facilities.--A State or 
        unit of local government receiving a grant for an activity 
        described in subsection (b)(1)(C) shall require that a secure 
        correctional facility operated by or on behalf of that State or 
        unit of local government--
                    ``(A) has a minimum ratio of not fewer than 1 
                mental health and substance abuse counselor for every 
                50 juveniles, who shall be professionally trained and 
                certified or licensed;
                    ``(B) has a minimum ratio of not fewer than 1 
                clinical psychologist for every 100 juveniles; and
                    ``(C) has a minimum ratio of not fewer than 1 
                licensed psychiatrist for every 100 juveniles receiving 
                psychiatric care.
            ``(3) Limitation on isolation.--A State or unit of local 
        government receiving a grant for an activity described in 
        subsection (b)(1)(C) shall require that--
                    ``(A) isolation is used only for immediate and 
                short-term security or safety reasons;
                    ``(B) no juvenile is placed in isolation without 
                approval of the facility superintendent or chief 
                medical officer or their official staff designee;
                    ``(C) all instances in which a juvenile is placed 
                in isolation are documented in the file of a juvenile 
                along with the justification;
                    ``(D) a juvenile is in isolation only the amount of 
                time necessary to achieve security and safety of the 
                juvenile and staff;
                    ``(E) staff monitor each juvenile in isolation once 
                every 15 minutes and conduct a professional review of 
                the need for isolation at least every 4 hours; and
                    ``(F) any juvenile held in isolation for 24 hours 
                is examined by a physician or licensed psychologist.
            ``(4) Medical and mental health emergencies.--A State or 
        unit of local government receiving a grant for an activity 
        described in subsection (b)(1)(C) shall require that a 
        correctional facility operated by or on behalf of that State or 
        unit of local government has written policies and procedures on 
        suicide prevention. All staff working in a correctional 
        facility operated by or on behalf of a State or unit of local 
        government receiving a grant for an activity described in 
        subsection (b)(1)(C) shall be trained and certified annually in 
        suicide prevention. A correctional facility operated by or on 
        behalf of a State or unit of local government receiving a grant 
        for an activity described in subsection (b)(1)(C) shall have a 
        written arrangement with a hospital or other facility for 
        providing emergency medical and mental health care. Physical 
        and mental health services shall be available to an 
        incarcerated juvenile 24 hours per day, 7 days per week.
            ``(5) IDEA and rehabilitation act.--A State or unit of 
        local government receiving a grant for an activity described in 
        subsection (b)(1)(C) shall require that all juvenile facilities 
        operated by or on behalf of the State or unit of local 
        government abide by all mandatory requirements and timelines 
        set forth under the Individuals with Disabilities Education Act 
        (20 U.S.C. 1400 et seq.) and section 504 of the Rehabilitation 
        Act of 1973 (29 U.S.C. 794).
            ``(6) Fiscal responsibility.--A State or unit of local 
        government receiving a grant for an activity described in 
        subsection (b)(1)(C) shall provide for such fiscal control and 
        fund accounting procedures as may be necessary to ensure 
        prudent use, proper disbursement, and accurate accounting of 
        funds received under this section that are used for an activity 
        described in subsection (b)(1)(C).''.

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

    Section 299 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5671) is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking ``Parts 
                C and E'' and inserting ``Parts C, E, and F'';
                    (B) in paragraph (1), by striking ``this title'' 
                and all that follows and inserting the following: 
                ``this title--
            ``(A) $245,900,000 for fiscal year 2011;
            ``(B) $295,100,000 for fiscal year 2012;
            ``(C) $344,300,000 for fiscal year 2013;
            ``(D) $393,500,000 for fiscal year 2014; and
            ``(E) $442,700,000 for fiscal year 2015.''; and
                    (C) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``parts C and E'' and 
                inserting ``parts C, E, and F'';
            (2) in subsection (b), by striking ``fiscal years 2003, 
        2004, 2005, 2006, and 2007'' and inserting ``fiscal years 2011, 
        2012, 2013, 2014, and 2015'';
            (3) in subsection (c)--
                    (A) by inserting ``(other than section 216(c))'' 
                after ``Part E''; and
                    (B) by striking ``fiscal years 2003, 2004, 2005, 
                2006, and 2007'' and inserting ``fiscal years 2011, 
                2012, 2013, 2014, and 2015'';
            (4) by redesignating subsection (d) as subsection (f); and
            (5) by inserting after subsection (c) the following:
    ``(d) Authorization of Appropriations for Part E, Section 261(c).--
There are authorized to be appropriated to carry out section 261(c), 
and authorized to remain available until expended--
            ``(1) $23,000,000 for each of fiscal years 2011, 2012, and 
        2013;
            ``(2) $8,000,000 for fiscal year 2014; and
            ``(3) $3,000,000 for fiscal year 2015.
    ``(e) Authorization of Appropriations for Part F.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out part F, and authorized to remain available until 
        expended, $80,000,000 for each of fiscal years 2011, 2012, 
        2013, 2014, and 2015.
            ``(2) Allocation.--Of the sums that are appropriated for a 
        fiscal year to carry out part F--
                    ``(A) not less than 40 percent shall be used to 
                fund programs that are carrying out an activity 
                described in subparagraph (C), (D), or (E) of section 
                271(b)(1);
                    ``(B) not less than 50 percent shall be used to 
                fund programs that are carrying out an activity 
                described in subparagraph (A) of such section; and
                    ``(C) not less than 5 percent shall be used to fund 
                activities described in subparagraph (F) of such 
                section.''.

SEC. 213. ADMINISTRATIVE AUTHORITY.

    Section 299A(e) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5672(e)) is amended by striking ``requirements 
described in paragraphs (11), (12), and (13) of section 223(a)'' and 
inserting ``core requirements''.

SEC. 214. AUTHORITY FOR FEDERAL PRETRIAL SERVICES WITH RESPECT TO 
              JUVENILES.

    Section 3154 of title 18, United States Code, is amended--
            (1) by redesignating paragraph (14) as paragraph (15); and
            (2) by inserting after paragraph (13) the following:
            ``(14) Perform, in a manner appropriate for juveniles, any 
        of the functions identified in this section with respect to 
        juveniles awaiting adjudication, trial, or disposition under 
        chapter 403 of this title who are not detained.''.

SEC. 215. TECHNICAL AND CONFORMING AMENDMENTS.

    The Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601 et seq.) is amended--
            (1) in section 204(b)(6), by striking ``section 
        223(a)(15)'' and inserting ``section 223(a)(16)'';
            (2) in section 246(a)(2)(D), by striking ``section 222(c)'' 
        and inserting ``section 222(d)''; and
            (3) in section 299D(b), of by striking ``section 222(c)'' 
        and inserting ``section 222(d)''.

 TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

SEC. 301. DEFINITIONS.

    Section 502 of the Incentive Grants for Local Delinquency 
Prevention Programs Act of 2002 (42 U.S.C. 5781) is amended--
            (1) in the section heading, by striking ``definition'' and 
        inserting ``definitions''; and
            (2) by striking ``this title, the term'' and inserting the 
        following: ``this title--
            ``(1) the term `mentoring' means matching 1 adult with 1 or 
        more youths (not to exceed 4 youths) for the purpose of 
        providing guidance, support, and encouragement aimed at 
        developing the character of the youths, where the adult and 
        youths meet regularly for not less than 4 hours each month for 
        not less than a 9-month period; and
            ``(2) the term''.

SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.

    Section 504(a) of the Incentive Grants for Local Delinquency 
Prevention Programs Act of 2002 (42 U.S.C. 5783(a)) is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) mentoring programs.''.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    Section 505 of the Incentive Grants for Local Delinquency 
Prevention Programs Act of 2002 (42 U.S.C. 5784) is amended to read as 
follows:

``SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title--
            ``(1) $322,800,000 for fiscal year 2011;
            ``(2) $373,400,000 for fiscal year 2012;
            ``(3) $424,000,000 for fiscal year 2013;
            ``(4) $474,600,000 for fiscal year 2014; and
            ``(5) $525,200,000 for fiscal year 2015.''.

SEC. 304. TECHNICAL AND CONFORMING AMENDMENT.

    The Juvenile Justice and Delinquency Prevention Act of 1974 is 
amended by striking title V, as added by the Juvenile Justice and 
Delinquency Prevention Act of 1974 (Public Law 93-415; 88 Stat. 1133) 
(relating to miscellaneous and conforming amendments).

                        TITLE IV--PRECAUTION ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Prevention Resources for 
Eliminating Criminal Activity Using Tailored Interventions in Our 
Neighborhoods Act of 2010'' or the ``PRECAUTION Act''.

SEC. 402. PURPOSES.

    The purposes of this title are to--
            (1) establish a commitment on the part of the Federal 
        Government to provide leadership on successful crime prevention 
        and intervention strategies;
            (2) further the integration of crime prevention and 
        intervention strategies into traditional law enforcement 
        practices of State and local law enforcement offices around the 
        country;
            (3) develop a plain-language, implementation-focused 
        assessment of those current crime and delinquency prevention 
        and intervention strategies that are supported by rigorous 
        evidence;
            (4) provide additional resources to the National Institute 
        of Justice to administer grants, contracts, and cooperative 
        agreements for research and development for promising crime 
        prevention and intervention strategies;
            (5) develop recommendations for Federal priorities for 
        crime and delinquency prevention and intervention research, 
        development, and funding that may augment important Federal 
        grant programs, including the Edward Byrne Memorial Justice 
        Assistance Grant Program under subpart 1 of part E of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3750 et seq.), grant programs administered by the Office 
        of Community Oriented Policing Services of the Department of 
        Justice, grant programs administered by the Office of Safe and 
        Drug-Free Schools of the Department of Education, and other 
        similar programs; and
            (6) reduce the costs that rising violent crime imposes on 
        interstate commerce.

SEC. 403. DEFINITIONS.

    In this title, the following definitions shall apply:
            (1) Commission.--The term ``Commission'' means the National 
        Commission on Public Safety Through Crime Prevention 
        established under section 404(a).
            (2) Rigorous evidence.--The term ``rigorous evidence'' 
        means evidence generated by scientifically valid forms of 
        outcome evaluation, particularly randomized trials (where 
        practicable).
            (3) Subcategory.--The term ``subcategory'' means 1 of the 
        following categories:
                    (A) Family and community settings (including public 
                health-based strategies).
                    (B) Law enforcement settings (including probation-
                based strategies).
                    (C) School settings (including anti-gang and 
                general anti-violence strategies).
            (4) Top-tier.--The term ``top-tier'' means any strategy 
        supported by rigorous evidence of the sizable, sustained 
        benefits to participants in the strategy or to society.

SEC. 404. NATIONAL COMMISSION ON PUBLIC SAFETY THROUGH CRIME 
              PREVENTION.

    (a) Establishment.--There is established a commission to be known 
as the National Commission on Public Safety Through Crime Prevention.
    (b) Members.--
            (1) In general.--The Commission shall be composed of 9 
        members, of whom--
                    (A) 3 shall be appointed by the President, 1 of 
                whom shall be the Assistant Attorney General for the 
                Office of Justice Programs or a representative of such 
                Assistant Attorney General;
                    (B) 2 shall be appointed by the Speaker of the 
                House of Representatives, unless the Speaker is of the 
                same party as the President, in which case 1 shall be 
                appointed by the Speaker of the House of 
                Representatives and 1 shall be appointed by the 
                minority leader of the House of Representatives;
                    (C) 1 shall be appointed by the minority leader of 
                the House of Representatives (in addition to any 
                appointment made under subparagraph (B));
                    (D) 2 shall be appointed by the majority leader of 
                the Senate, unless the majority leader is of the same 
                party as the President, in which case 1 shall be 
                appointed by the majority leader of the Senate and 1 
                shall be appointed by the minority leader of the 
                Senate; and
                    (E) 1 shall be appointed by the minority leader of 
                the Senate (in addition to any appointment made under 
                subparagraph (D)).
            (2) Persons eligible.--
                    (A) In general.--Each member of the Commission 
                shall be an individual who has knowledge or expertise 
                in matters to be studied by the Commission.
                    (B) Required representatives.--At least--
                            (i) 2 members of the Commission shall be 
                        respected social scientists with experience 
                        implementing or interpreting rigorous, outcome-
                        based trials; and
                            (ii) 2 members of the Commission shall be 
                        law enforcement practitioners.
            (3) Consultation required.--The President, the Speaker of 
        the House of Representatives, the minority leader of the House 
        of Representatives, and the majority leader and minority leader 
        of the Senate shall consult prior to the appointment of the 
        members of the Commission to achieve, to the maximum extent 
        possible, fair and equitable representation of various points 
        of view with respect to the matters to be studied by the 
        Commission.
            (4) Term.--Each member shall be appointed for the life of 
        the Commission.
            (5) Time for initial appointments.--The appointment of the 
        members shall be made not later than 60 days after the date of 
        enactment of this Act.
            (6) Vacancies.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made, and 
        shall be made not later than 60 days after the date on which 
        the vacancy occurred.
            (7) Ex officio members.--The Director of the National 
        Institute of Justice, the Director of the Office of Juvenile 
        Justice and Delinquency Prevention, the Director of the 
        Community Capacity Development Office, the Director of the 
        Bureau of Justice Statistics, the Director of the Bureau of 
        Justice Assistance, and the Director of Community Oriented 
        Policing Services (or a representative of each such director) 
        shall each serve in an ex officio capacity on the Commission to 
        provide advice and information to the Commission.
    (c) Operation.--
            (1) Chairperson.--At the initial meeting of the Commission, 
        the members of the Commission shall elect a chairperson from 
        among its voting members, by a vote of \2/3\ of the members of 
        the Commission. The chairperson shall retain this position for 
        the life of the Commission. If the chairperson leaves the 
        Commission, a new chairperson shall be selected, by a vote of 
        \2/3\ of the members of the Commission.
            (2) Meetings.--The Commission shall meet at the call of the 
        chairperson. The initial meeting of the Commission shall take 
        place not later than 30 days after the date on which all the 
        members of the Commission have been appointed.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum to conduct business, and the 
        Commission may establish a lesser quorum for conducting 
        hearings scheduled by the Commission.
            (4) Rules.--The Commission may establish by majority vote 
        any other rules for the conduct of Commission business, if such 
        rules are not inconsistent with this title or other applicable 
        law.
    (d) Public Hearings.--
            (1) In general.--The Commission shall hold public hearings. 
        The Commission may hold such hearings, sit and act at such 
        times and places, take such testimony, and receive such 
        evidence as the Commission considers advisable to carry out its 
        duties under this section.
            (2) Focus of hearings.--The Commission shall hold at least 
        3 separate public hearings, each of which shall focus on 1 of 
        the subcategories.
            (3) Witness expenses.--Witnesses requested to appear before 
        the Commission shall be paid the same fees as are paid to 
        witnesses under section 1821 of title 28, United States Code. 
        The per diem and mileage allowances for witnesses shall be paid 
        from funds appropriated to the Commission.
    (e) Comprehensive Study of Evidence-Based Crime Prevention and 
Intervention Strategies.--
            (1) In general.--The Commission shall carry out a 
        comprehensive study of the effectiveness of crime and 
        delinquency prevention and intervention strategies, organized 
        around the 3 subcategories.
            (2) Matters included.--The study under paragraph (1) shall 
        include--
                    (A) a review of research on the general 
                effectiveness of incorporating crime prevention and 
                intervention strategies into an overall law enforcement 
                plan;
                    (B) an evaluation of how to more effectively 
                communicate the wealth of social science research to 
                practitioners;
                    (C) a review of evidence regarding the 
                effectiveness of specific crime prevention and 
                intervention strategies, focusing on those strategies 
                supported by rigorous evidence;
                    (D) an identification of--
                            (i) promising areas for further research 
                        and development; and
                            (ii) other areas representing gaps in the 
                        body of knowledge that would benefit from 
                        additional research and development;
                    (E) an assessment of the best practices for 
                implementing prevention and intervention strategies;
                    (F) an assessment of the best practices for 
                gathering rigorous evidence regarding the 
                implementation of intervention and prevention 
                strategies; and
                    (G) an assessment of those top-tier strategies best 
                suited for duplication efforts in a range of settings 
                across the country.
            (3) Initial report on top-tier crime prevention and 
        intervention strategies.--
                    (A) Distribution.--Not later than 18 months after 
                the date on which all members of the Commission have 
                been appointed, the Commission shall submit a public 
                report on the study carried out under this subsection 
                to--
                            (i) the President;
                            (ii) Congress;
                            (iii) the Attorney General;
                            (iv) the Chief Federal Public Defender of 
                        each district;
                            (v) the chief executive of each State;
                            (vi) the Director of the Administrative 
                        Office of the Courts of each State;
                            (vii) the Director of the Administrative 
                        Office of the United States Courts; and
                            (viii) the attorney general of each State.
                    (B) Contents.--The report under subparagraph (A) 
                shall include--
                            (i) the findings and conclusions of the 
                        Commission;
                            (ii) a summary of the top-tier strategies, 
                        including--
                                    (I) a review of the rigorous 
                                evidence supporting the designation of 
                                each strategy as top-tier;
                                    (II) a brief outline of the keys to 
                                successful implementation for each 
                                strategy; and
                                    (III) a list of references and 
                                other information on where further 
                                information on each strategy can be 
                                found;
                            (iii) recommended protocols for 
                        implementing crime and delinquency prevention 
                        and intervention strategies generally;
                            (iv) recommended protocols for evaluating 
                        the effectiveness of crime and delinquency 
                        prevention and intervention strategies; and
                            (v) a summary of the materials relied upon 
                        by the Commission in preparation of the report.
                    (C) Consultation with outside authorities.--In 
                developing the recommended protocols for implementation 
                and rigorous evaluation of top-tier crime and 
                delinquency prevention and intervention strategies 
                under this paragraph, the Commission shall consult with 
                the Committee on Law and Justice at the National 
                Academy of Science and with national associations 
                representing the law enforcement and social science 
                professions, including the National Sheriffs' 
                Association, the Police Executive Research Forum, the 
                International Association of Chiefs of Police, the 
                Consortium of Social Science Associations, and the 
                American Society of Criminology.
    (f) Recommendations Regarding Innovative Crime Prevention and 
Intervention Strategies.--
            (1) Submission.--
                    (A) In general.--Not later than 30 days after the 
                date of the final hearing under subsection (d) relating 
                to a subcategory, the Commission shall provide the 
                Director of the National Institute of Justice and the 
                Attorney General with recommendations on qualifying 
                considerations relating to that subcategory for 
                selecting recipients of contracts, cooperative 
                agreements, and grants under section 405.
                    (B) Deadline.--Not later than 13 months after the 
                date on which all members of the Commission have been 
                appointed, the Commission shall provide all 
                recommendations required under this subsection.
            (2) Matters included.--The recommendations provided under 
        paragraph (1) shall include recommendations relating to--
                    (A) the types of strategies for the applicable 
                subcategory that would best benefit from additional 
                research and development;
                    (B) any geographic or demographic targets;
                    (C) the types of partnerships with other public or 
                private entities that might be pertinent and 
                prioritized; and
                    (D) any classes of crime and delinquency prevention 
                and intervention strategies that should not be given 
                priority because of a pre-existing base of knowledge 
                that would benefit less from additional research and 
                development.
    (g) Final Report on the Results of Innovative Crime Prevention and 
Intervention Strategies.--
            (1) In general.--Following the close of the 3-year period 
        for the evaluation of an innovative strategy under section 405, 
        the Commission shall collect the results of the evaluation and 
        shall submit a public report to the President, the Attorney 
        General, Congress, the chief executive of each State, and the 
        attorney general of each State describing each strategy funded 
        under section 405 and the results of the strategy. The report 
        under this paragraph shall be submitted not later than 5 years 
        after the date of the selection of the chairperson of the 
        Commission.
            (2) Collection of information and evidence regarding 
        recipients.--The collection of information and evidence by the 
        Commission regarding each recipient of a contract, cooperative 
        agreement, or grant under section 405 shall be carried out by--
                    (A) ongoing communications with the grant 
                administrator at the National Institute of Justice and 
                other appropriate officers at other components of the 
                Department of Justice;
                    (B) visits by representatives of the Commission 
                (including at least 1 member of the Commission) to the 
                site where the recipient of a contract, cooperative 
                agreement, or grant is carrying out the strategy funded 
                under section 405, at least once in the second and once 
                in the third year of the contract, cooperative 
                agreement, or grant;
                    (C) a review of the data generated by the study 
                monitoring the effectiveness of the strategy; and
                    (D) other means as necessary.
            (3) Matters included.--The report submitted under paragraph 
        (1) shall include a review of each strategy carried out with a 
        contract, cooperative agreement, or grant under section 405, 
        detailing--
                    (A) the type of crime or delinquency prevention or 
                intervention strategy;
                    (B) where the activities under the strategy were 
                carried out, including geographic and demographic 
                targets;
                    (C) any partnerships with public or private 
                entities through the course of the period of the 
                contract, cooperative agreement, or grant;
                    (D) the type and design of the effectiveness study 
                conducted under section 405(b)(4) or section 
                405(c)(2)(C) for that strategy;
                    (E) the results of the effectiveness study 
                conducted under section 405(b)(4) or section 
                405(c)(2)(C) for that strategy;
                    (F) lessons learned regarding implementation of 
                that strategy or of the effectiveness study conducted 
                under section 405(b)(4) or section 405(c)(2)(C), 
                including recommendations regarding which types of 
                environments might best be suited for successful 
                replication; and
                    (G) recommendations regarding the need for further 
                research and development of the strategy.
    (h) Personnel Matters.--
            (1) Travel expenses.--The members of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of service for the Commission.
            (2) Compensation of members.--Members of the Commission 
        shall serve without compensation.
            (3) Staff.--
                    (A) In general.--The chairperson of the Commission 
                may, without regard to the civil service laws and 
                regulations, appoint and terminate an executive 
                director and such other additional personnel as may be 
                necessary to enable the Commission to perform its 
                duties. The employment of an executive director shall 
                be subject to confirmation by the Commission.
                    (B) Compensation.--The chairperson of the 
                Commission may fix the compensation of the executive 
                director and other personnel without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates, except that the rate of pay for the executive 
                director and other personnel may not exceed the rate 
                payable for level V of the Executive Schedule under 
                section 5316 of such title.
            (4) Detail of federal employees.--With the affirmative vote 
        of \2/3\ of the members of the Commission, any Federal 
        Government employee, with the approval of the head of the 
        appropriate Federal agency, may be detailed to the Commission 
        without reimbursement, and such detail shall be without 
        interruption or loss of civil service status, benefits, or 
        privileges.
    (i) Contracts for Research.--
            (1) National institute of justice.--With a \2/3\ 
        affirmative vote of the members of the Commission, the 
        Commission may select nongovernmental researchers and experts 
        to assist the Commission in carrying out its duties under this 
        title. The National Institute of Justice shall contract with 
        the researchers and experts selected by the Commission to 
        provide funding in exchange for their services.
            (2) Other organizations.--Nothing in this subsection shall 
        be construed to limit the ability of the Commission to enter 
        into contracts with other entities or organizations for 
        research necessary to carry out the duties of the Commission 
        under this section.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 to carry out this section.
    (k) Termination.--The Commission shall terminate on the date that 
is 30 days after the date on which the Commission submits the last 
report required by this section.
    (l) Exemption.--The Commission shall be exempt from the Federal 
Advisory Committee Act.

SEC. 405. INNOVATIVE CRIME PREVENTION AND INTERVENTION STRATEGIES.

    (a) In General.--The Attorney General may fund the implementation 
and evaluation of innovative crime or delinquency prevention or 
intervention strategies though coordinated initiatives, as described in 
subsection (b), through grants authorized under subsection (c), or a 
combination of the coordinated initiatives and grants.
    (b) Coordinated Initiatives.--
            (1) In general.--The Attorney General, acting through the 
        Director of the National Institute of Justice, may coordinate 
        efforts between the National Institute of Justice and other 
        appropriate components of the Department of Justice to 
        implement and rigorously evaluate innovative crime or 
        delinquency prevention or intervention strategies.
            (2) Selection of strategies.--The Director of the National 
        Institute of Justice, in consultation with the heads of other 
        appropriate components of the Department of Justice, shall 
        identify innovative crime or delinquency prevention or 
        intervention strategies that would best benefit from additional 
        funding and evaluation, taking into consideration the 
        recommendations of the Commission under section 404(f).
            (3) Program office role.--The head of any appropriate 
        component of the Department of Justice, as determined by the 
        Attorney General, may provide incentives under a contract, 
        cooperative agreement, or grant entered into or made by the 
        component, including a competitive preference priority and 
        providing additional funds, for a public or private entity to--
                    (A) implement a strategy identified under paragraph 
                (2); or
                    (B) participate in the evaluation under paragraph 
                (4) of the strategies identified under paragraph (2).
            (4) National institute of justice evaluation.--
                    (A) In general.--The Director of the National 
                Institute of Justice may enter into or make contracts, 
                cooperative agreements, or grants to conduct a rigorous 
                study of the effectiveness of each strategy relating to 
                which an incentive is provided under paragraph (3).
                    (B) Amount and duration.--A contract, cooperative 
                agreement, or grant under subparagraph (A) shall be for 
                not more than $700,000, and shall be for a period of 
                not more than 3 years.
                    (C) Methodology of study.--Each study conducted 
                under subparagraph (A) shall use a study design that is 
                likely to produce rigorous evidence of the 
                effectiveness of the strategy and, where feasible, 
                measure outcomes using available administrative data, 
                such as police arrest records, so as to minimize the 
                costs of the study.
    (c) Grants Authorized.--
            (1) In general.--The Director of the National Institute of 
        Justice may make grants to public and private entities to fund 
        the implementation and evaluation of innovative crime or 
        delinquency prevention or intervention strategies. The purpose 
        of grants under this subsection shall be to provide funds for 
        all expenses related to the implementation of such a strategy 
        and to conduct a rigorous study on the effectiveness of that 
        strategy.
            (2) Grant distribution.--
                    (A) Period.--A grant under this subsection shall be 
                made for a period of not more than 3 years.
                    (B) Amount.--The amount of each grant under this 
                subsection--
                            (i) shall be sufficient to ensure that 
                        rigorous evaluations may be performed; and
                            (ii) shall not exceed $2,000,000.
                    (C) Evaluation set-aside.--
                            (i) In general.--A grantee shall use not 
                        less than $300,000 and not more than $700,000 
                        of the funds from a grant under this subsection 
                        for a rigorous study of the effectiveness of 
                        the strategy during the 3-year period of the 
                        grant for that strategy.
                            (ii) Methodology of study.--
                                    (I) In general.--Each study 
                                conducted under clause (i) shall use an 
                                evaluator and a study design approved 
                                by the employee of the National 
                                Institute of Justice hired or assigned 
                                under subsection (e) and, where 
                                feasible, measure outcomes using 
                                available administrative data, such as 
                                police arrest records, so as to 
                                minimize the costs of the study.
                                    (II) Criteria.--The employee of the 
                                National Institute of Justice hired or 
                                assigned under subsection (e) shall 
                                approve--
                                            (aa) an evaluator that has 
                                        successfully carried out 
                                        multiple studies producing 
                                        rigorous evidence of 
                                        effectiveness; and
                                            (bb) a proposed study 
                                        design that is likely to 
                                        produce rigorous evidence of 
                                        the effectiveness of the 
                                        strategy.
                                    (III) Approval.--Before a grant is 
                                awarded under this subsection, the 
                                evaluator and study design of a grantee 
                                shall be approved by the employee of 
                                the National Institute of Justice hired 
                                or assigned under subsection (e).
                    (D) Date of award.--Not later than 6 months after 
                the date of receiving recommendations relating to a 
                subcategory from the Commission under section 404(f), 
                the Director of the National Institute of Justice shall 
                award all grants under this subsection relating to that 
                subcategory.
                    (E) Type of grants.--One-third of the grants made 
                under this subsection shall be made in each 
                subcategory. In distributing grants, the 
                recommendations of the Commission under section 404(f) 
                shall be considered.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $18,000,000 to carry out subsections (b) and (c).
    (e) Dedicated Staff.--
            (1) In general.--The Director of the National Institute of 
        Justice shall hire or assign a full-time employee to oversee 
        the contracts, cooperative agreements, and grants under this 
        section.
            (2) Study oversight.--The employee of the National 
        Institute of Justice hired or assigned under paragraph (1) 
        shall be responsible for ensuring that recipients of a 
        contract, cooperative agreement, or grant under this section 
        adhere to the study design approved before the contract, 
        cooperative agreement, or grant was entered into or awarded.
            (3) Liaison.--The employee of the National Institute of 
        Justice hired or assigned under paragraph (1) may be used as a 
        liaison between the Commission and the recipients of a 
        contract, cooperative agreement, or grant under this section. 
        The employee shall be responsible for ensuring timely 
        cooperation with Commission requests.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated $150,000 for each of fiscal years 2010 
        through 2014 to carry out this subsection.
    (f) Applications.--A public or private entity desiring a contract, 
cooperative agreement, or grant under this section shall submit an 
application at such time, in such manner, and accompanied by such 
information as the Director of the National Institute of Justice or 
other appropriate component of the Department of Justice may reasonably 
require.
    (g) Cooperation With the Commission.--A person entering into a 
contract or cooperative agreement or receiving a grant under this 
section shall cooperate with the Commission in providing the Commission 
with full information on the progress of the strategy being carried out 
with a contract, cooperative agreement, or grant under this section, 
including--
            (1) hosting visits by the members of the Commission to the 
        site where the activities under the strategy are being carried 
        out;
            (2) providing pertinent information on the logistics of 
        establishing the strategy for which the contract, cooperative 
        agreement, or grant under this section was received, including 
        details on partnerships, selection of participants, and any 
        efforts to publicize the strategy; and
            (3) responding to any specific inquiries that may be made 
        by the Commission.

SEC. 406. FUNDING.

    Section 524(c) of title 28, United States Code, is amended by 
adding at the end the following:
    ``(12) For the first full fiscal year after the date of enactment 
of the PRECAUTION Act, and each fiscal year thereafter through the end 
of the fifth full fiscal year after such date of enactment, there is 
appropriated to the Attorney General from the Fund $4,750,000 to carry 
out the PRECAUTION Act.''.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. EVALUATION BY GENERAL ACCOUNTING OFFICE.

    (a) Evaluation.--Not later than October 1, 2010, the Comptroller 
General of the United States shall--
            (1) conduct a comprehensive analysis and evaluation 
        regarding the performance of the Office of Juvenile Justice 
        Delinquency and Prevention (referred to in this section as 
        ``the agency''), its functions, its programs, and its grants;
            (2) conduct a comprehensive audit and evaluation of a 
        selected, statistically significant sample of grantees (as 
        determined by the Comptroller General) that receive Federal 
        funds under grant programs administered by the Office of 
        Juvenile Justice Delinquency and Prevention including a review 
        of internal controls to prevent fraud, waste, and abuse of 
        funds by grantees; and
            (3) submit a report in accordance with subsection (d).
    (b) Considerations for Evaluation.--In conducting the analysis and 
evaluation under subsection (a)(1), and in order to document the 
efficiency and public benefit of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601 et seq.), excluding the Runaway 
and Homeless Youth Act (42 U.S.C. 5701 et seq.) and the Missing 
Children's Assistance Act (42 U.S.C. 5771 et seq.), the Comptroller 
General shall take into consideration--
            (1) the extent to which the jurisdiction of, and the 
        programs administered by, the agency duplicate or conflict with 
        the jurisdiction and programs of other agencies;
            (2) the potential benefits of consolidating programs 
        administered by the agency with similar or duplicative programs 
        of other agencies; and the potential for consolidating those 
        programs;
            (3) whether present functions or operations are impeded or 
        enhanced by existing statutes, rules and procedures;
            (4) the number and types of beneficiaries or persons served 
        by programs carried out by the agency;
            (5) the manner with which the agency seeks public input and 
        input from State and local Governments on the performance of 
        the functions of the agency;
            (6) the extent to which the agency complies with section 
        552 of title 5, United States Code (commonly known as the 
        Freedom of Information Act);
            (7) whether greater oversight is needed of programs 
        developed with grants made by the agency; and
            (8) the extent to which changes are necessary in the 
        authorizing statutes of the agency in order that the functions 
        of the agency can be performed in a more efficient and 
        effective manner.
    (c) Considerations for Audits.--In conducting the audit and 
evaluation under subsection (a)(2), and in order to document the 
efficiency and public benefit of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601 et seq.), excluding the Runaway 
and Homeless Youth Act (42 U.S.C. 5701 et seq.) and the Missing 
Children's Assistance Act (42 U.S.C. 5771 et seq.), the Comptroller 
General shall take into consideration--
            (1) whether grantees timely file Financial Status Reports;
            (2) whether grantees have sufficient internal controls to 
        ensure adequate oversight of grant fund received;
            (3) whether disbursements were accompanied with adequate 
        supporting documentation (including invoices and receipts);
            (4) whether expenditures were authorized;
            (5) whether subrecipients of grant funds were complying 
        with program requirements;
            (6) whether salaries and fringe benefits of personnel were 
        adequately supported by documentation;
            (7) whether contracts were bid in accordance with program 
        guidelines; and
            (8) whether grant funds were spent in accordance with 
        program goals and guidelines.
    (d) Report.--
            (1) In general.--The Comptroller General of the United 
        States shall submit a report regarding the evaluation conducted 
        under subsection (a) and audit under subsection (b), together 
        with supporting materials, to the Speaker of the House of 
        Representatives and the President pro tempore of the Senate, 
        and be made available to the public, not later than October 1, 
        2011.
            (2) Contents.--The report submitted in accordance with 
        paragraph (1) shall include all audit findings determined by 
        the selected, statistically significant sample of grantees as 
        required by subsection (a)(2) and shall include the name and 
        location of any selected grantee as well as any findings 
        required by subsection (a)(2).
                                 <all>
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