I

106TH CONGRESS

1ST SESSION H. R. 1501

To provide grants to ensure increased accountability for juvenile offenders.

IN THE HOUSE OF REPRESENTATIVES

APRIL 21, 1999

Mr. MCCOLLUM (for himself, Mr. SCOTT, Mr. HYDE, Mr. CONYERS, Mr.

CHABOT, Mr. BARR of Georgia, Mr. GEKAS, Mr. COBLE, Mr. SMITH of

Texas, Mr. CANADY of Florida, Mr. HUTCHINSON, Mr. MEEHAN, Mr.

ROTHMAN, Mr. WEINER, Ms. JACKSON-LEE of Texas, Mr. WATT of

North Carolina, Mr. DELAHUNT, Mr. WEXLER, and Ms. LOFGREN) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To provide grants to ensure increased accountability for

juvenile offenders.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Consequences for Juve5 nile Offenders Act of 1999’’.
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1 SEC. 2. GRANT PROGRAM.

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

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

4 3796 et seq.) is amended to read as follows:

5 ‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK

6 GRANTS

7 ‘‘SEC. 1801. PROGRAM AUTHORIZED.

8 ‘‘(a) IN GENERAL.—The Attorney General is author9 ized to provide grants to States, for use by States and

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

11 specially qualified units.

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

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

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

15 purpose of strengthening the juvenile justice system,

16 which includes—

17 ‘‘(1) developing, implementing, and admin18 istering graduated sanctions for juvenile offenders;

19 ‘‘(2) building, expanding, renovating, or oper20 ating temporary or permanent juvenile correction,

21 detention, or community corrections facilities;

22 ‘‘(3) hiring juvenile court judges, probation offi23 cers, and court-appointed defenders and special ad24 vocates, and funding pretrial services for juvenile of-
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1 fenders, to promote the effective and expeditious ad2 ministration of the juvenile justice system;

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

4 cases involving violent juvenile offenders can be

5 prosecuted and case backlogs reduced;

6 ‘‘(5) providing funding to enable prosecutors to

7 address drug, gang, and youth violence problems

8 more effectively and for technology, equipment, and

9 training to assist prosecutors in identifying and ex10 pediting the prosecution of violent juvenile offenders;

11 ‘‘(6) establishing and maintaining training pro12 grams for law enforcement and other court per13 sonnel with respect to preventing and controlling ju14 venile crime;

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

16 prosecution and adjudication of juvenile firearms of17 fenders;

18 ‘‘(8) establishing drug court programs for juve19 nile offenders that provide continuing judicial super20 vision over juvenile offenders with substance abuse

21 problems and the integrated administration of other

22 sanctions and services for such offenders;

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

24 juvenile records designed to promote public safety;
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1 ‘‘(10) establishing and maintaining interagency

2 information-sharing programs that enable the juve3 nile and criminal justice system, schools, and social

4 services agencies to make more informed decisions

5 regarding the early identification, control, super6 vision, and treatment of juveniles who repeatedly

7 commit serious delinquent or criminal acts;

8 ‘‘(11) establishing and maintaining account9 ability-based programs designed to reduce recidivism

10 among juveniles who are referred by law enforce11 ment personnel or agencies.

12 ‘‘(12) establishing and maintaining programs to

13 conduct risk and need assessments of juvenile of14 fenders that facilitate the effective early intervention

15 and the provision of comprehensive services, includ16 ing mental health screening and treatment and sub17 stance abuse testing and treatment to such offend18 ers; and

19 ‘‘(13) establishing and maintaining account20 ability-based programs that are designed to enhance

21 school safety.

22 ‘‘SEC. 1802. GRANT ELIGIBILITY.

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

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

25 Attorney General an application at such time, in such
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1 form, and containing such assurances and information as

2 the Attorney General may require by rule, including assur3 ances that the State and any unit of local government to

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

5 has in effect (or shall have in effect, not later than 1 year

6 after the date that the State submits such application)

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

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

9 application) policies and programs, that provide for a sys10 tem of graduated sanctions described in subsection (c).

11 ‘‘(b) LOCAL ELIGIBILITY.—

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

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

14 than a specially qualified unit, shall provide such as15 surances to the State as the State shall require,

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

17 local government has in effect (or shall have in ef18 fect, not later than 1 year after the date that the

19 unit submits such application) laws, or has imple20 mented (or shall implement, not later than 1 year

21 after the date that the unit submits such applica22 tion) policies and programs, that provide for a sys23 tem of graduated sanctions described in subsection

24 (c).
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1 ‘‘(2) SPECIAL RULE.—The requirements of

2 paragraph (1) shall apply to a specially qualified

3 unit that receives funds from the Attorney General

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

5 is otherwise required to be submitted to the State

6 shall be submitted to the Attorney General.

7 ‘‘(c) GRADUATED SANCTIONS.—A system of grad8 uated sanctions, which may be discretionary as provided

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

10 ‘‘(1) sanctions are imposed on juvenile offend11 ers for every offense;

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

13 subsequent, more serious delinquent or criminal of14 fense;

15 ‘‘(3) there is sufficient flexibility to allow for in16 dividualized sanctions and services suited to the indi17 vidual juvenile offender; and

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

19 safety and victims of crime.

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

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

22 unit of local government may be eligible to receive

23 a grant under this part if—

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

25 discretionary; and
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1 ‘‘(B) it demonstrates that it has promoted

2 the use of a system of graduated sanctions by

3 taking steps to encourage implementation of

4 such a system by juvenile courts.

5 ‘‘(2) REPORTING REQUIREMENT IF GRADUATED

6 SANCTIONS NOT USED.—

7 ‘‘(A) JUVENILE COURTS.—A State or unit

8 of local government in which the imposition of

9 graduated sanctions is discretionary shall re10 quire each juvenile court within its

11 jurisdiction—

12 ‘‘(i) which has not implemented a sys13 tem of graduated sanctions, to submit an

14 annual report that explains why such court

15 did not implement graduated sanctions;

16 and

17 ‘‘(ii) which has implemented a system

18 of graduated sanctions but has not im19 posed graduated sanctions in 1 or more

20 specific cases, to submit an annual report

21 that explains why such court did not im22 pose graduated sanctions in each such

23 case.

24 ‘‘(B) UNITS OF LOCAL GOVERNMENT.—

25 Each unit of local government, other than a
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1 specially qualified unit, that has 1 or more juve2 nile courts that use a discretionary system of

3 graduated sanctions shall collect the informa4 tion reported under subparagraph (A) for sub5 mission to the State each year.

6 ‘‘(C) STATES.—Each State and specially

7 qualified unit that has 1 or more juvenile courts

8 that use a discretionary system of graduated

9 sanctions shall collect the information reported

10 under subparagraph (A) for submission to the

11 Attorney General each year. A State shall also

12 collect and submit to the Attorney General the

13 information collected under subparagraph (B).

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

15 ‘‘(1) The term ‘discretionary’ means that a sys16 tem of graduated sanctions is not required to be im17 posed by each and every juvenile court in a State or

18 unit of local government.

19 ‘‘(2) The term ‘sanctions’ means tangible, pro20 portional consequences that hold the juvenile of21 fender accountable for the offense committed. A

22 sanction may include counseling, restitution, commu23 nity service, a fine, supervised probation, or confine24 ment.
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1 ‘‘SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

2 ‘‘(a) STATE ALLOCATION.—

3 ‘‘(1) IN GENERAL.—In accordance with regula4 tions promulgated pursuant to this part and except

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

6 shall allocate—

7 ‘‘(A) 0.25 percent for each State; and

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

9 allocation under subparagraph (A), to each

10 State, an amount which bears the same ratio to

11 the amount of remaining funds described in this

12 subparagraph as the population of people under

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

14 recent calendar year in which such data is

15 available bears to the population of people

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

17 fiscal year.

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

19 State under this subsection or received by a State

20 for distribution under subsection (b) may be distrib21 uted by the Attorney General or by the State in22 volved for any program other than a program con23 tained in an approved application.

24 ‘‘(3) INCREASE FOR STATE RESERVE.—

25 ‘‘(A) IN GENERAL.—Subject to subpara26 graph (B), if a State demonstrates and certifies
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1 to the Attorney General that the State’s law en2 forcement expenditures in the fiscal year pre3 ceding the date in which an application is sub4 mitted under this part is more than 25 percent

5 of the aggregate amount of law enforcement ex6 penditures by the State and its eligible units of

7 local government, the percentage referred to in

8 paragraph (1)(A) shall equal the percentage de9 termined by dividing the State’s law enforce10 ment expenditures by such aggregate.

11 ‘‘(B) LAW ENFORCEMENT EXPENDITURES

12 OVER 50 PERCENT.—If the law enforcement ex13 penditures of a State exceed 50 percent of the

14 aggregate amount described in subparagraph

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

16 many units of local government in such State

17 as practicable regarding the State’s proposed

18 uses of funds.

19 ‘‘(b) LOCAL DISTRIBUTION.—

20 ‘‘(1) IN GENERAL.—Except as provided in sub21 section (a)(3), each State which receives funds under

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

23 less than 75 percent of such amounts received

24 among units of local government, for the purposes

25 specified in section 1801. In making such distribu-
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1 tion the State shall allocate to such units of local

2 government an amount which bears the same ratio

3 to the aggregate amount of such funds as—

4 ‘‘(A) the sum of—

5 ‘‘(i) the product of—

6 ‘‘(I) three-quarters; multiplied by

7 ‘‘(II) the average law enforce8 ment expenditure for such unit of

9 local government for the 3 most re10 cent calendar years for which such

11 data is available; plus

12 ‘‘(ii) the product of—

13 ‘‘(I) one-quarter; multiplied by

14 ‘‘(II) the average annual number

15 of part 1 violent crimes in such unit

16 of local government for the 3 most re17 cent calendar years for which such

18 data is available, bears to—

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

20 under subparagraph (A) for all such units of

21 local government in the State.

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

23 of local government shall receive under paragraph

24 (1) for a payment period shall not exceed 100 per-
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1 cent of law enforcement expenditures of the unit for

2 such payment period.

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

4 of local government’s allocation that is not available

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

6 available to other units of local government that are

7 not affected by such operation in accordance with

8 this subsection.

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

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

11 that the reported rate of part 1 violent crimes or law en12 forcement expenditures for a unit of local government is

13 insufficient or inaccurate, the State shall—

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

15 unit to determine the accuracy of the submitted

16 data; and

17 ‘‘(2) if necessary, use the best available com18 parable data regarding the number of violent crimes

19 or law enforcement expenditures for the relevant

20 years for the unit of local government.

21 ‘‘(d) LOCAL GOVERNMENT WITH ALLOCATIONS LESS

22 THAN $5,000.—If under this section a unit of local gov23 ernment is allocated less than $5,000 for a payment pe24 riod, the amount allotted shall be expended by the State

25 on services to units of local government whose allotment
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1 is less than such amount in a manner consistent with this

2 part.

3 ‘‘(e) DIRECT GRANTS TO SPECIALLY QUALIFIED

4 UNITS.—

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

6 or apply for funds reserved for allocation under sub7 section (a) by the application deadline established by

8 the Attorney General, the Attorney General shall re9 serve not more than 75 percent of the allocation that

10 the State would have received under subsection (a)

11 for such fiscal year to provide grants to specially

12 qualified units which meet the requirements for

13 funding under section 1802.

14 ‘‘(2) AWARD BASIS.—In addition to the quali15 fication requirements for direct grants for specially

16 qualified units the Attorney General may use the av17 erage amount allocated by the States to units of

18 local government as a basis for awarding grants

19 under this section.

20 ‘‘SEC. 1804. REGULATIONS.

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

22 regulations establishing procedures under which a State

23 or unit of local government that receives funds under sec24 tion 1803 is required to provide notice to the Attorney
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1 General regarding the proposed use of funds made avail2 able under this part.

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

4 in subsection (a) shall include a requirement that such eli5 gible State or unit of local government establish and con6 vene an advisory board to review the proposed uses of such

7 funds. The board shall include representation from, if

8 appropriate—

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

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

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

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

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

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

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

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

17 ‘‘SEC. 1805. PAYMENT REQUIREMENTS.

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

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

20 receives funds under section 1803 that has submitted an

21 application under this part not later than—

22 ‘‘(1) 90 days after the date that the amount is

23 available, or
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1 ‘‘(2) the first day of the payment period if the

2 State has provided the Attorney General with the as3 surances required by subsection (c),

4 whichever is later.

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

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

7 awarded under this part, a State or specially quali8 fied unit shall repay to the Attorney General, or a

9 unit of local government shall repay to the State by

10 not later than 27 months after receipt of funds from

11 the Attorney General, any amount that is not ex12 pended by the State within 2 years after receipt of

13 such funds from the Attorney General.

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

15 amount required to be repaid is not repaid, the At16 torney General shall reduce payment in future pay17 ment periods accordingly.

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

19 received by the Attorney General as repayments

20 under this subsection shall be deposited in a des21 ignated fund for future payments to States and spe22 cially qualified units.

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

24 local government that receives funds under this part may
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1 use not more than 5 percent of such funds to pay for ad2 ministrative costs.

3 ‘‘(d) NONSUPPLANTING REQUIREMENT.—Funds

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

5 government shall not be used to supplant State or local

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

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

8 made available under this part, be made available from

9 State or local sources, as the case may be.

10 ‘‘(e) MATCHING FUNDS.—The Federal share of a

11 grant received under this part may not exceed 90 percent

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

13 part.

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

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

16 part may be utilized to contract with private, nonprofit

17 entities, or community-based organizations to carry out

18 the purposes specified under section 1801(a)(2).

19 ‘‘SEC. 1807. ADMINISTRATIVE PROVISIONS.

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

21 unit that receives funds under this part shall—

22 ‘‘(1) establish a trust fund in which the govern23 ment will deposit all payments received under this

24 part;
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1 ‘‘(2) use amounts in the trust fund (including

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

3 the date the first grant payment is made to the

4 State or specially qualified unit;

5 ‘‘(3) designate an official of the State or spe6 cially qualified unit to submit reports as the Attor7 ney General reasonably requires, in addition to the

8 annual reports required under this part; and

9 ‘‘(4) spend the funds only for the purposes

10 under section 1801(b).

11 ‘‘(b) TITLE I PROVISIONS.—Except as otherwise pro12 vided, the administrative provisions of part H shall apply

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

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

15 a reference to this part.

16 ‘‘SEC. 1808. DEFINITIONS.

17 ‘‘For purposes of this part:

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

19 means—

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

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

22 is a unit of local government as determined by

23 the Secretary of Commerce for general statis24 tical purposes; and
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1 ‘‘(B) the District of Columbia and the rec2 ognized governing body of an Indian tribe or

3 Alaskan Native village that carries out substan4 tial governmental duties and powers.

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

6 unit of local government which may receive funds

7 under this part only in accordance with section

8 1803(e).

9 ‘‘(3) The term ‘State’ means any State of the

10 United States, the District of Columbia, the Com11 monwealth of Puerto Rico, the Virgin Islands, Amer12 ican Samoa, Guam, and the Northern Mariana Is13 lands, except that American Samoa, Guam, and the

14 Northern Mariana Islands shall be considered as 1

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

16 percent of the amounts allocated shall be allocated

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

18 percent to the Northern Mariana Islands.

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

20 who is 17 years of age or younger.

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

22 means the expenditures associated with prosecu23 torial, legal, and judicial services, and corrections as

24 reported to the Bureau of the Census for the fiscal
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1 year preceding the fiscal year for which a determina2 tion is made under this part.

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

4 murder and nonnegligent manslaughter, forcible

5 rape, robbery, and aggravated assault as reported to

6 the Federal Bureau of Investigation for purposes of

7 the Uniform Crime Reports.

8 ‘‘SEC. 1809. AUTHORIZATION OF APPROPRIATIONS.

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

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

11 ‘‘(1) $500,000,000 for fiscal year 2000;

12 ‘‘(2) $500,000,000 for fiscal year 2001; and

13 ‘‘(3) $500,000,000 for fiscal year 2002.

14 ‘‘(b) OVERSIGHT ACCOUNTABILITY AND ADMINIS15 TRATION.—Not more than 3 percent of the amount au16 thorized to be appropriated under subsection (a), with

17 such amounts to remain available until expended, for each

18 of the fiscal years 2000 through 2002 shall be available

19 to the Attorney General for evaluation and research re20 garding the overall effectiveness and efficiency of the pro21 visions of this part, assuring compliance with the provi22 sions of this part, and for administrative costs to carry

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

24 establish and execute an oversight plan for monitoring the

25 activities of grant recipients.
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1 ‘‘(c) FUNDING SOURCE.—Appropriations for activi2 ties authorized in this part may be made from the Violent

3 Crime Reduction Trust Fund.’’.

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

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

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

7 part R and inserting the following:

‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK GRANTS

‘‘Sec. 1801. Program authorized.

‘‘Sec. 1802. Grant eligibility.

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

‘‘Sec. 1804. Regulations.

‘‘Sec. 1805. Payment requirements.

‘‘Sec. 1806. Utilization of private sector.

‘‘Sec. 1807. Administrative provisions.

‘‘Sec. 1808. Definitions.

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

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