I

106TH CONGRESS

1ST SESSION H. R. 1498

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

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 20, 1999

Mrs. WILSON introduced the following bill; which was referred to the

Committee on Education and the Workforce

A BILL

To amend the Juvenile Justice and Delinquency Prevention

Act of 1974, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Juvenile Crime Control and Community Protection Act

6 of 1999’’.

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

8 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Severability.

TITLE I—REFORM OF EXISTING PROGRAMS
2

•HR 1498 IH

Sec. 101. Findings and purposes.

Sec. 102. Definitions.

Sec. 103. Office of Juvenile Justice and Delinquency Prevention.

Sec. 104. Annual report.

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

Sec. 106. State plans.

Sec. 107. Repeals.

TITLE II—INCENTIVE GRANTS FOR ACCOUNTABILITY-BASED

REFORMS

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

TITLE III—GENERAL PROVISIONS

Sec. 301. Authorization of appropriations.

1 SEC. 2. SEVERABILITY.

2 If any provision of this Act, an amendment made by

3 this Act, or the application of such provision or amend4 ment to any person or circumstance is held to be unconsti5 tutional, the remainder of this Act, the amendments made

6 by this Act, and the application of the provisions of such

7 to any person or circumstance shall not be affected there8 by.

9 TITLE I—REFORM OF EXISTING

10 PROGRAMS

11 SEC. 101. FINDINGS AND PURPOSES.

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

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

14 is amended—

15 (1) by striking subsection (a) and inserting the

16 following:

17 ‘‘(a) FINDINGS.—Congress finds that—
3

•HR 1498 IH

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

2 trouble, including dangerously overcrowded facilities,

3 overworked field staff, and a growing number of

4 children who are breaking the law;

5 ‘‘(2) a redesigned juvenile corrections program

6 for the next century should be based on 4 principles,

7 including—

8 ‘‘(A) protecting the community;

9 ‘‘(B) accountability for offenders and their

10 families;

11 ‘‘(C) restitution for victims and the com12 munity; and

13 ‘‘(D) community-based prevention;

14 ‘‘(3) existing programs have not adequately re15 sponded to the particular problems of juvenile

16 delinquents in the 1990’s;

17 ‘‘(4) State and local communities, which experi18 ence directly the devastating failure of the juvenile

19 justice system, do not have sufficient resources to

20 deal comprehensively with the problems of juvenile

21 crime and delinquency;

22 ‘‘(5) limited State and local resources are being

23 unnecessarily wasted complying with overly technical

24 Federal requirements for ‘sight and sound’ separa25 tion currently in effect under the 1974 Act, while
4

•HR 1498 IH

1 prohibiting the commingling of adults and juvenile

2 populations would achieve this important purpose

3 without imposing an undue burden on State and

4 local governments;

5 ‘‘(6) limited State and local resources are being

6 unnecessarily wasted complying with the overly re7 strictive Federal mandate that no juveniles be de8 tained or confined in any jail or lockup for adults,

9 which mandate is particularly burdensome for rural

10 communities;

11 ‘‘(7) the juvenile justice system should give ad12 ditional attention to the problem of juveniles who

13 commit serious crimes, with particular attention

14 given to the area of sentencing;

15 ‘‘(8) local school districts lack information nec16 essary to track serious violent juvenile offenders, in17 formation that is essential to promoting safety in

18 public schools;

19 ‘‘(9) the term ‘prevention’ should mean both en20 suring that families have a greater chance to raise

21 their children so that those children do not engage

22 in criminal or delinquent activities, and preventing

23 children who have engaged in such activities from

24 becoming permanently entrenched in the juvenile

25 justice system;
5

•HR 1498 IH

1 ‘‘(10) in 1994, there were more than 330,000

2 juvenile arrests for violent crimes, and between 1985

3 and 1994, the number of juvenile criminal homicide

4 cases increased by 144 percent, and the number of

5 juvenile weapons cases increased by 156 percent;

6 ‘‘(11) in 1994, males age 14 through 24 con7 stituted only 8 percent of the population, but ac8 counted for more than 25 percent of all homicide

9 victims and nearly half of all convicted murderers;

10 ‘‘(12) in a survey of 250 judges, 93 percent of

11 those judges stated that juvenile offenders should be

12 fingerprinted, 85 percent stated that juvenile crimi13 nal records should be made available to adult au14 thorities, and 40 percent stated that the minimum

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

16 ‘‘(13) studies indicate that good parenting

17 skills, including normative development, monitoring,

18 and discipline, clearly affect whether children will

19 become delinquent, and adequate supervision of free20 time activities, whereabouts, and peer interaction is

21 critical to ensure that children do not drift into de22 linquency;

23 ‘‘(14) school officials lack the information nec24 essary to ensure that school environments are safe

25 and conducive to learning;
6

•HR 1498 IH

1 ‘‘(15) in the 1970’s, less than half of our Na2 tion’s cities reported gang activity, while 2 decades

3 later, a nationwide survey reported a total of 23,388

4 gangs and 664,906 gang members on the streets of

5 United States cities in 1995;

6 ‘‘(16) the high incidence of delinquency in the

7 United States results in an enormous annual cost

8 and an immeasurable loss of human life, personal se9 curity, and wasted human resources; and

10 ‘‘(17) juvenile delinquency constitutes a grow11 ing threat to the national welfare, requiring imme12 diate and comprehensive action by the Federal Gov13 ernment to reduce and eliminate the threat.’’; and

14 (2) in subsection (b)—

15 (A) by striking ‘‘further’’; and

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

17 inserting ‘‘Federal, State, and local govern18 ments’’.

19 (b) PURPOSES.—Section 102 of the Juvenile Justice

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

21 is amended to read as follows:

22 ‘‘SEC. 102. PURPOSES.

23 ‘‘The purposes of this title and title II are—
7

•HR 1498 IH

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

2 promoting public safety by supporting juvenile delin3 quency prevention and control activities;

4 ‘‘(2) to give greater flexibility to schools to de5 sign academic programs and educational services for

6 juvenile delinquents expelled or suspended for dis7 ciplinary reasons;

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

9 promoting public safety by encouraging account10 ability through the imposition of meaningful sanc11 tions for acts of juvenile delinquency;

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

13 promoting public safety by improving the extent, ac14 curacy, availability, and usefulness of juvenile court

15 and law enforcement records and the openness of

16 the juvenile justice system to the public;

17 ‘‘(5) to assist teachers and school officials in

18 ensuring school safety by improving their access to

19 information concerning juvenile offenders attending

20 or intending to enroll in their schools or school-re21 lated activities;

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

23 promoting public safety by encouraging the identi24 fication of violent and hardcore juveniles and in

25 transferring such juveniles out of the jurisdiction of
8

•HR 1498 IH

1 the juvenile justice system and into the jurisdiction

2 of adult criminal court;

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

4 assisted juvenile crime control programs, and train5 ing necessary for the establishment and operation of

6 such programs;

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

8 regarding juvenile crime control programs by pro9 viding a national clearinghouse; and

10 ‘‘(9) to provide technical assistance to public

11 and private nonprofit juvenile justice and delin12 quency prevention programs.’’.

13 SEC. 102. DEFINITIONS.

14 Section 103 of the Juvenile Justice and Delinquency

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

16 (1) in paragraph (3), by inserting ‘‘punish17 ment,’’ after ‘‘control,’’;

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

19 the end;

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

21 the end and inserting a semicolon; and

22 (4) by adding at the end the following:

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

24 ‘‘(A) murder or nonnegligent man25 slaughter, or robbery;
9

•HR 1498 IH

1 ‘‘(B) aggravated assault committed with

2 the use of a dangerous or deadly weapon, forc3 ible rape, kidnaping, felony aggravated battery,

4 assault with intent to commit a serious violent

5 crime, and vehicular homicide committed while

6 under the influence of an intoxicating liquor or

7 controlled substance; or

8 ‘‘(C) a serious drug offense;

9 ‘‘(25) the term ‘serious drug offense’ means an

10 act or acts which, if committed by an adult subject

11 to Federal criminal jurisdiction, would be punishable

12 under section 401(b)(1)(A) or 408 of the Controlled

13 Substances Act (21 U.S.C. 841(b)(1)(A), 848) or

14 section 1010(b)(1)(A) of the Controlled Substances

15 Import and Export Act (21 U.S.C. 960(b)(1)(A));

16 and

17 ‘‘(26) the term ‘serious habitual offender’

18 means a juvenile who—

19 ‘‘(A) has been adjudicated delinquent and

20 subsequently arrested for a capital offense, life

21 offense, first degree aggravated sexual offense,

22 or serious drug offense;

23 ‘‘(B) has had not fewer than 5 arrests,

24 with 3 arrests chargeable as felonies if com25 mitted by an adult and not fewer than 3 arrests
10

•HR 1498 IH

1 occurring within the most recent 12-month pe2 riod;

3 ‘‘(C) has had not fewer than 10 arrests,

4 with 2 arrests chargeable as felonies if com5 mitted by an adult and not fewer than 3 arrests

6 occurring within the most recent 12-month pe7 riod; or

8 ‘‘(D) has had not fewer than 10 arrests,

9 with 8 or more arrests for misdemeanor crimes

10 involving theft, assault, battery, narcotics pos11 session or distribution, or possession of weap12 ons, and not fewer than 3 arrests occurring

13 within the most recent 12-month period.’’.

14 SEC. 103. OFFICE OF JUVENILE JUSTICE AND DELIN15 QUENCY PREVENTION.

16 Section 204 of the Juvenile Justice and Delinquency

17 Prevention Act of 1974 (42 U.S.C. 5614) is amended—

18 (1) in subsection (a)(1)—

19 (A) by striking ‘‘shall develop’’ and insert20 ing the following: ‘‘shall—

21 ‘‘(A) develop’’;

22 (B) by inserting ‘‘punishment,’’ before ‘‘di23 version’’; and

24 (C) in the first sentence, by striking

25 ‘‘States’’ and all that follows through the end of
11

•HR 1498 IH

1 the paragraph and inserting the following:

2 ‘‘States; and

3 ‘‘(B) annually submit the plan required by

4 subparagraph (A) to the Congress.’’;

5 (2) in subsection (b)—

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

7 the end; and

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

9 and inserting the following:

10 ‘‘(2) reduce duplication among Federal juvenile

11 delinquency programs and activities conducted by

12 Federal departments and agencies.’’;

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

15 (4) by striking subsection (i).

16 SEC. 104. ANNUAL REPORT.

17 Section 207 of the Juvenile Justice and Delinquency

18 Prevention Act of 1974 (42 U.S.C. 5617) is amended to

19 read as follows:

20 ‘‘SEC. 207. ANNUAL REPORT.

21 ‘‘Not later than 180 days after the end of a fiscal

22 year, the Administrator shall submit to the President, the

23 Speaker of the House of Representatives, the President

24 pro tempore of the Senate, and the Governor of each
12

•HR 1498 IH

1 State, a report that contains the following with respect

2 to such fiscal year:

3 ‘‘(1) SUMMARY AND ANALYSIS.—A detailed

4 summary and analysis of the most recent data avail5 able regarding the number of juveniles taken into

6 custody, the rate at which juveniles are taken into

7 custody, the number of repeat juvenile offenders, the

8 number of juveniles using weapons, the number of

9 juvenile and adult victims of juvenile crime and the

10 trends demonstrated by the data required by sub11 paragraphs (A), (B), and (C). Such summary and

12 analysis shall set out the information required by

13 subparagraphs (A), (B), (C), and (D) separately for

14 juvenile nonoffenders, juvenile status offenders, and

15 other juvenile offenders. Such summary and analysis

16 shall separately address with respect to each cat17 egory of juveniles specified in the preceding

18 sentence—

19 ‘‘(A) the types of offenses with which the

20 juveniles are charged, data on serious violent

21 crimes committed by juveniles, and data on se22 rious habitual offenders;

23 ‘‘(B) the race and gender of the juveniles

24 and their victims;
13

•HR 1498 IH

1 ‘‘(C) the ages of the juveniles and their

2 victims;

3 ‘‘(D) the types of facilities used to hold the

4 juveniles (including juveniles treated as adults

5 for purposes of prosecution) in custody, includ6 ing secure detention facilities, secure correc7 tional facilities, jails, and lockups;

8 ‘‘(E) the number of juveniles who died

9 while in custody and the circumstances under

10 which they died;

11 ‘‘(F) the educational status of juveniles, in12 cluding information relating to learning disabil13 ities, failing performance, grade retention, and

14 dropping out of school;

15 ‘‘(G) the number of juveniles who are sub16 stance abusers; and

17 ‘‘(H) information on juveniles fathering or

18 giving birth to children out of wedlock, and

19 whether such juveniles have assumed financial

20 responsibility for their children.

21 ‘‘(2) ACTIVITIES FUNDED.—A description of

22 the activities for which funds are expended under

23 this part.

24 ‘‘(3) STATE COMPLIANCE.—A description based

25 on the most recent data available of the extent to
14

•HR 1498 IH

1 which each State complies with section 223 and with

2 the plan submitted under that section by the State

3 for that fiscal year.

4 ‘‘(4) SUMMARY AND EXPLANATION.—A sum5 mary of each program or activity for which assist6 ance is provided under part C or D, an evaluation

7 of the results of such program or activity, and a de8 termination of the feasibility and advisability of re9 placing such program or activity in other locations.

10 ‘‘(5) EXEMPLARY PROGRAMS AND PRAC11 TICES.—A description of selected exemplary delin12 quency prevention programs and accountability13 based youth violence reduction practices.’’.

14 SEC. 105. BLOCK GRANTS FOR STATE AND LOCAL PRO15 GRAMS.

16 Section 221 of the Juvenile Justice and Delinquency

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

18 (1) in subsection (a)—

19 (A) by inserting ‘‘(1)’’ before ‘‘The Admin20 istrator’’; and

21 (B) by inserting before the period at the

22 end the following: ‘‘, including—

23 ‘‘(A) initiatives for holding juveniles account24 able for any act for which they are adjudicated de25 linquent;
15

•HR 1498 IH

1 ‘‘(B) increasing public awareness of juvenile

2 proceedings;

3 ‘‘(C) improving the content, accuracy, avail4 ability, and usefulness of juvenile court and law en5 forcement records (including fingerprints and photo6 graphs); and

7 ‘‘(D) education programs such as funding for

8 extended hours for libraries and recreational pro9 grams which benefit all juveniles’’; and

10 (2) in subsection (b), by striking paragraph (1)

11 and inserting the following:

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

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

14 is greater) may be used by the Administrator—

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

16 to disseminate to the States information on juvenile

17 delinquency prevention, treatment, and control; and

18 ‘‘(B) to provide training and technical assist19 ance to States to improve the administration of the

20 juvenile justice system.’’.

21 SEC. 106. STATE PLANS.

22 Section 223 of the Juvenile Justice and Delinquency

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

24 (1) in subsection (a)—

25 (A) by striking the second sentence;
16

•HR 1498 IH

1 (B) by striking paragraph (3) and insert2 ing the following:

3 ‘‘(3) provide for an advisory group, which—

4 ‘‘(A) shall—

5 ‘‘(i)(I) consist of not less than 5 mem6 bers appointed by the chief executive offi7 cer of the State; and

8 ‘‘(II) consist of a majority of members

9 (including the chairperson) who are not

10 full-time employees of the Federal Govern11 ment, or a State or local government;

12 ‘‘(ii) include members who have train13 ing, experience, or special knowledge

14 concerning—

15 ‘‘(I) the prevention and treat16 ment of juvenile delinquency;

17 ‘‘(II) the administration of juve18 nile justice, including law enforce19 ment; and

20 ‘‘(III) the representation of the

21 interests of the victims of violent juve22 nile crime and their families; and

23 ‘‘(iii) include as members at least 1

24 locally elected official representing general

25 purpose local government;
17

•HR 1498 IH

1 ‘‘(B) shall participate in the development

2 and review of the State’s juvenile justice plan

3 prior to submission to the supervisory board for

4 final action;

5 ‘‘(C) shall be afforded an opportunity to

6 review and comment, not later than 30 days

7 after the submission to the advisory group, on

8 all juvenile justice and delinquency prevention

9 grants submitted to the State agency des10 ignated under paragraph (1);

11 ‘‘(D) shall, consistent with this title—

12 ‘‘(i) advise the State agency des13 ignated under paragraph (1) and its super14 visory board; and

15 ‘‘(ii) submit to the chief executive offi16 cer and the legislature of the State not less

17 frequently than annually recommendations

18 regarding State compliance with this sub19 section; and

20 ‘‘(E) may, consistent with this title—

21 ‘‘(i) advise on State supervisory board

22 and local criminal justice advisory board

23 composition;
18

•HR 1498 IH

1 ‘‘(ii) review progress and accomplish2 ments of projects funded under the State

3 plan; and

4 ‘‘(iii) contact and seek regular input

5 from juveniles currently under the jurisdic6 tion of the juvenile justice system;’’;

7 (C) in paragraph (10)—

8 (i) in subparagraph (N), by striking

9 ‘‘and’’ at the end;

10 (ii) in subparagraph (O), by striking

11 the period at the end and inserting ‘‘;

12 and’’; and

13 (iii) by adding at the end the fol14 lowing:

15 ‘‘(P) programs implementing the practices

16 described in paragraphs (6) through (12) and

17 (17) and (18) of section 242(b);’’;

18 (D) by striking paragraph (13) and insert19 ing the following:

20 ‘‘(13) provide assurances that, in each secure

21 facility located in the State (including any jail or

22 lockup for adults), there is no commingling in the

23 same cell or community room of, or any other reg24 ular, sustained, physical contact between any juve25 nile detained or confined for any period of time in
19

•HR 1498 IH

1 that facility and any adult offender detained or con2 fined for any period of time in that facility, except

3 that this paragraph may not be construed to pro4 hibit the use of a community room or other common

5 area of the facility by such juveniles and adults at

6 different times, or to prohibit the use of the same

7 staff for both juvenile and adult inmates;’’;

8 (E) by striking paragraphs (8), (9), (12),

9 (14), (15), (17), (18), (19), (24), and (25);

10 (F) by redesignating paragraphs (10),

11 (11), (13), (16), (20), (21), (22), and (23) as

12 paragraphs (8) through (15), respectively;

13 (G) in paragraph (14), as redesignated, by

14 adding ‘‘and’’ at the end; and

15 (H) in paragraph (15), as redesignated, by

16 striking the semicolon at the end and inserting

17 a period; and

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

19 SEC. 107. REPEALS.

20 The Juvenile Justice and Delinquency Prevention Act

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

22 (1) in title II—

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

24 (B) by striking part I, as added by section

25 2(i)(1)(C) of Public Law 102–586; and
20

•HR 1498 IH

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

2 redesignated by section 2(i)(1)(A) of Public

3 Law 102–586, to read as follows:

4 ‘‘PART E—GENERAL AND ADMINISTRATIVE

5 PROVISIONS’’; and

6 (2) by striking title V, as added by section 5(a)

7 of Public Law 102–586.

8 TITLE II—INCENTIVE GRANTS

9 FOR ACCOUNTABILITY-BASED

10 REFORMS

11 SEC. 201. INCENTIVE GRANTS FOR ACCOUNTABILITY12 BASED REFORMS.

13 Title II of the Juvenile Justice and Delinquency Pre14 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

15 by inserting after part B the following:

16 ‘‘PART C—INCENTIVE GRANTS FOR ACCOUNTABILITY17 BASED REFORMS

18 ‘‘SEC. 241. AUTHORIZATION OF GRANTS.

19 ‘‘The Administrator shall provide juvenile delinquent

20 accountability grants under section 242 to eligible States

21 to carry out this title.

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

23 ‘‘(a) ELIGIBILITY FOR GRANT.—To be eligible to re24 ceive a grant under section 241, a State shall submit to

25 the Administrator an application at such time, in such
21

•HR 1498 IH

1 form, and containing such assurances and information as

2 the Administrator may require by rule, including assur3 ances that the State has in effect (or will have in effect

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

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

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

7 which the State submits such application)—

8 ‘‘(1) policies and programs that ensure that all

9 juveniles who commit an act after attaining 14 years

10 of age that would be a serious violent crime if com11 mitted by an adult are treated as adults for pur12 poses of prosecution, unless on a case-by-case basis,

13 as a matter of law or prosecutorial discretion, the

14 transfer of such juveniles for disposition in the juve15 nile system is determined to be in the interest of jus16 tice, except that the age of the juvenile alone shall

17 not be determinative of whether such transfer is in

18 the interest of justice;

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

20 ensuring a sanction for every delinquent or criminal

21 act, ensuring that the sanction is of increasing se22 verity based on the nature of the act, and escalating

23 the sanction with each subsequent delinquent or

24 criminal act; and
22

•HR 1498 IH

1 ‘‘(3) a system of records relating to any adju2 dication of juveniles less than 15 years of age who

3 are adjudicated delinquent for conduct that if com4 mitted by an adult would constitute a serious violent

5 crime, which records are—

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

7 be kept of adults arrested for such conduct, in8 cluding fingerprints and photographs;

9 ‘‘(B) submitted to the Federal Bureau of

10 Investigation in the same manner in which

11 adult records are submitted;

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

13 equal to the period of time that records are re14 tained for adults; and

15 ‘‘(D) available to law enforcement agen16 cies, prosecutors, the courts, and school offi17 cials.

18 ‘‘(b) STANDARDS FOR HANDLING AND DISCLOSING

19 INFORMATION.—School officials referred to in subsection

20 (a)(3)(D) shall be subject to the same standards and pen21 alties to which law enforcement and juvenile justice system

22 employees are subject under Federal and State law for

23 handling and disclosing information referred to in that

24 paragraph.
23

•HR 1498 IH

1 ‘‘(c) ADDITIONAL AMOUNT BASED ON ACCOUNT2 ABILITY-BASED YOUTH VIOLENCE REDUCTION PRAC3 TICES.—A State that receives a grant under subsection

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

5 added to such grant if such State demonstrates that the

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

7 1 year after the deadline established by the Administrator

8 for the submission of applications under subsection (a) for

9 the fiscal year at issue, not fewer than 5 of the following

10 practices:

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

12 rights, including—

13 ‘‘(A) the right to be treated with fairness

14 and with respect for the dignity and privacy of

15 the victim;

16 ‘‘(B) the right to be reasonably protected

17 from the accused offender;

18 ‘‘(C) the right to be notified of court pro19 ceedings; and

20 ‘‘(D) the right to information about the

21 conviction, sentencing, imprisonment, and re22 lease of the offender.

23 ‘‘(2) RESTITUTION.—Mandatory victim and

24 community restitution, including statewide programs
24

•HR 1498 IH

1 to reach restitution collection levels of not less than

2 80 percent.

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

4 to juvenile court delinquency proceedings.

5 ‘‘(4) PARENTAL RESPONSIBILITY.—Juvenile

6 nighttime curfews and parental civil liability for seri7 ous acts committed by juveniles released to the cus8 tody of their parents by the court.

9 ‘‘(5) ZERO TOLERANCE FOR DEADBEAT JUVE10 NILE PARENTS.—A requirement as conditions of pa11 role that—

12 ‘‘(A) any juvenile offender who is a parent

13 demonstrates parental responsibility by working

14 and paying child support; and

15 ‘‘(B) the juvenile attends and successfully

16 completes school or pursues vocational training.

17 ‘‘(6) SERIOUS HABITUAL OFFENDERS COM18 PREHENSIVE ACTION PROGRAM (SHOCAP).—

19 ‘‘(A) IN GENERAL.—Implementation of a

20 serious habitual offender comprehensive action

21 program which is a multidisciplinary inter22 agency case management and information shar23 ing system that enables the juvenile and crimi24 nal justice system, schools, and social service

25 agencies to make more informed decisions re-
25

•HR 1498 IH

1 garding early identification, control, super2 vision, and treatment of juveniles who repeat3 edly commit serious delinquent or criminal acts.

4 ‘‘(B) MULTIDISCIPLINARY AGENCIES.—Es5 tablishment by units of local government in the

6 State under a program referred to in subpara7 graph (A), of a multidisciplinary agency com8 prised of representatives from—

9 ‘‘(i) law enforcement organizations;

10 ‘‘(ii) school districts;

11 ‘‘(iii) State’s attorneys offices;

12 ‘‘(iv) court services;

13 ‘‘(v) State and county children and

14 family services; and

15 ‘‘(vi) any additional organizations,

16 groups, or agencies deemed appropriate to

17 accomplish the purposes described in sub18 paragraph (A), including—

19 ‘‘(I) juvenile detention centers;

20 ‘‘(II) mental and medical health

21 agencies; and

22 ‘‘(III) the community at large.

23 ‘‘(C) IDENTIFICATION OF SERIOUS HABIT24 UAL OFFENDERS.—Each multidisciplinary

25 agency established under subparagraph (B)
26

•HR 1498 IH

1 shall adopt, by a majority of its members, cri2 teria to identify individuals who are serious ha3 bitual offenders.

4 ‘‘(D) INTERAGENCY INFORMATION SHAR5 ING AGREEMENT.—

6 ‘‘(i) IN GENERAL.—Each multidisci7 plinary agency established under subpara8 graph (B) shall adopt, by a majority of its

9 members, an interagency information shar10 ing agreement to be signed by the chief ex11 ecutive officer of each organization and

12 agency represented in the multidisciplinary

13 agency.

14 ‘‘(ii) DISCLOSURE OF INFORMA15 TION.—The interagency information shar16 ing agreement shall require that—

17 ‘‘(I) all records pertaining to se18 rious habitual offenders shall be kept

19 confidential to the extent required by

20 State law;

21 ‘‘(II) information in the records

22 may be made available to other staff

23 from member organizations and agen24 cies as authorized by the multidisci25 plinary agency for the purposes of
27

•HR 1498 IH

1 promoting case management, commu2 nity supervision, conduct control, and

3 tracking of the serious habitual of4 fender for the application and coordi5 nation of appropriate services; and

6 ‘‘(III) access to the information

7 in the records shall be limited to indi8 viduals who provide direct services to

9 the serious habitual offender or who

10 provide community conduct control

11 and supervision to the serious habit12 ual offender.

13 ‘‘(7) COMMUNITY-WIDE PARTNERSHIPS.—Com14 munity-wide partnerships involving county, munic15 ipal government, school districts, appropriate State

16 agencies, and nonprofit organizations to administer

17 a unified approach to juvenile delinquency.

18 ‘‘(8) ZERO TOLERANCE FOR TRUANCY.—Imple19 mentation by school districts of programs to curb

20 truancy and implement certain and swift punish21 ments for truancy, including parental notification of

22 every absence, mandatory Saturday school makeup

23 sessions for truants or weekends in jail for truants

24 and denial of participation or attendance at extra25 curricular activities by truants.
28

•HR 1498 IH

1 ‘‘(9) ALTERNATIVE SCHOOLING.—A require2 ment that, as a condition of receiving any State

3 funding provided to school districts in accordance

4 with a formula allocation based on the number of

5 children enrolled in school in the school district, each

6 school district shall establish one or more alternative

7 schools or classrooms for juvenile offenders or juve8 niles who are expelled or suspended for disciplinary

9 reasons and shall require that such juveniles attend

10 the alternative schools or classrooms. Any juvenile

11 who refuses to attend such alternative school or

12 classroom shall be immediately detained pending a

13 hearing. If a student is transferred from a regular

14 school to an alternative school for juvenile offenders

15 or juveniles who are expelled or suspended for dis16 ciplinary reasons such State funding shall also be

17 transferred to the alternative school.

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

19 under which municipal and magistrate courts have—

20 ‘‘(A) jurisdiction over minor delinquency

21 offenses such as truancy, curfew violations, and

22 vandalism; and

23 ‘‘(B) short term detention authority for

24 habitual minor delinquent behavior.
29

•HR 1498 IH

1 ‘‘(11) ELIMINATION OF CERTAIN INEFFECTIVE

2 PENALTIES.—Elimination of ‘counsel and release’ or

3 ‘refer and release’ as a penalty for juveniles with re4 spect to the second or subsequent offense for which

5 the juvenile is referred to a juvenile probation offi6 cer.

7 ‘‘(12) REPORT BACK ORDERS.—A system of ‘re8 port back’ orders when juveniles are placed on pro9 bation, so that after a period of time (not to exceed

10 2 months) the juvenile appears before and advises

11 the judge of the progress of the juvenile in meeting

12 certain goals.

13 ‘‘(13) PENALTIES FOR USE OF FIREARM.—

14 Mandatory penalties for the use of a firearm during

15 a violent crime or a drug felony.

16 ‘‘(14) STREET GANGS.—A prohibition on en17 gaging in criminal conduct as a member of a street

18 gang and imposition of severe penalties for terrorism

19 by criminal street gangs.

20 ‘‘(15) CHARACTER COUNTS.—Establishment of

21 character education and training for juvenile offend22 ers.

23 ‘‘(16) MENTORING.—Establishment of men24 toring programs for at-risk youth.
30

•HR 1498 IH

1 ‘‘(17) DRUG COURTS AND COMMUNITY-ORI2 ENTED POLICING STRATEGIES.—Establishment of

3 courts for juveniles charged with drug offenses and

4 community-oriented policing strategies.

5 ‘‘(18) RECORDKEEPING AND FINGER6 PRINTING.—Programs that provide that, whenever a

7 juvenile who has not achieved his or her 14th birth8 day is adjudicated delinquent (as defined by Federal

9 or State law in a juvenile delinquency proceeding)

10 for conduct that, if committed by an adult, would

11 constitute a felony under Federal or State law, the

12 State shall ensure that a record is kept relating to

13 the adjudication that is—

14 ‘‘(A) equivalent to the record that would be

15 kept of an adult conviction for such an offense;

16 ‘‘(B) retained for a period of time that is

17 equal to the period of time that records are

18 kept for adult convictions;

19 ‘‘(C) made available to prosecutors, courts,

20 and law enforcement agencies of any jurisdic21 tion upon request; and

22 ‘‘(D) made available to officials of a school,

23 school district, or postsecondary school where

24 the individual who is the subject of the juvenile

25 record seeks, intends, or is instructed to enroll,
31

•HR 1498 IH

1 and that such officials are held liable to the

2 same standards and penalties that law enforce3 ment and juvenile justice system employees are

4 held liable to, for handling and disclosing such

5 information.

6 ‘‘(19) EVALUATION.—Establishment of a com7 prehensive process for monitoring and evaluating the

8 effectiveness of State juvenile justice and delin9 quency prevention programs in reducing juvenile

10 crime and recidivism.

11 ‘‘(20) BOOT CAMPS.—Establishment of State

12 boot camps with an intensive restitution or work and

13 community service requirement as part of a system

14 of graduated sanctions.

15 ‘‘SEC. 243. GRANT AMOUNTS.

16 ‘‘(a) ALLOCATION AND DISTRIBUTION OF FUNDS.—

17 ‘‘(1) ELIGIBILITY.—Of the total amount made

18 available to carry out part C for each fiscal year,

19 subject to subsection (b), each State shall be eligible

20 to receive the sum of—

21 ‘‘(A) an amount that bears the same rela22 tion to one-third of such total as the number of

23 juveniles in the State bears to the number of

24 juveniles in all States;
32

•HR 1498 IH

1 ‘‘(B) an amount that bears the same rela2 tion to one-third of such total as the number of

3 juveniles from families with incomes below the

4 poverty line in the State bears to the number

5 of such juveniles in all States; and

6 ‘‘(C) an amount that bears the same rela7 tion to one-third of such total as the average

8 annual number of part 1 violent crimes re9 ported by the State to the Federal Bureau of

10 Investigation for the 3 most recent calendar

11 years for which such data are available, bears

12 to the number of part 1 violent crimes reported

13 by all States to the Federal Bureau of Inves14 tigation for such years.

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

16 shall be eligible to receive not less than 3.5 percent

17 of one-third of the total amount appropriated to

18 carry out part C for each fiscal year, except that the

19 amount for which the Virgin Islands of the United

20 States, Guam, American Samoa, and the Common21 wealth of the Northern Mariana Islands is eligible

22 shall be not less than $100,000 and the amount for

23 which Palau is eligible shall be not less than

24 $15,000.
33

•HR 1498 IH

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

2 purposes of this subsection, if data regarding the

3 measures governing allocation of funds under para4 graphs (1) and (2) in any State are unavailable or

5 substantially inaccurate, the Administrator and the

6 State shall utilize the best available comparable data

7 for the purposes of allocation of any funds under

8 this section.

9 ‘‘(b) ALLOCATED AMOUNT.—The amount made

10 available to carry out part C for any fiscal year shall be

11 allocated among the States as follows:

12 ‘‘(1) 50 percent of the amount for which a

13 State is eligible under subsection (a) shall be allo14 cated to that State if it meets the requirements of

15 section 242(a).

16 ‘‘(2) 50 percent of the amount for which a

17 State is eligible under subsection (a) shall be allo18 cated to that State if it meets the requirements of

19 subsections (a) and (c) of section 242.

20 ‘‘(c) AVAILABILITY.—Any amounts made available

21 under this section to carry out part C shall remain avail22 able until expended.

23 ‘‘SEC. 244. ACCOUNTABILITY.

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

25 use accounting, audit, and fiscal procedures that conform
34

•HR 1498 IH

1 to guidelines prescribed by the Administrator, and shall

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

3 represent the best value for the State at the lowest pos4 sible cost and employ the best available technology.

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

6 ‘‘(a) NONSUPPLANTING REQUIREMENT.—Funds

7 made available under section 241 shall not be used to sup8 plant State funds, but shall be used to increase the

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

10 funds, be made available from State sources.

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

12 more than 2 percent of the funds appropriated under sec13 tion 299(a) for a fiscal year shall be available to the Ad14 ministrator for such fiscal year for purposes of—

15 ‘‘(1) research and evaluation, including assess16 ment of the effect on public safety and other effects

17 of the expansion of correctional capacity and sen18 tencing reforms implemented pursuant to this part;

19 and

20 ‘‘(2) technical assistance relating to the use of

21 grants made under section 241, and development

22 and implementation of policies, programs, and prac23 tices described in section 242.
35

•HR 1498 IH

1 ‘‘(c) CARRYOVER OF APPROPRIATIONS.—Funds ap2 propriated under section 299(a) shall remain available

3 until expended.

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

5 grant received under this part may not exceed 90 percent

6 of the costs of a proposal, as described in an application

7 approved under this part.’’.

8 TITLE III—GENERAL

9 PROVISIONS

10 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

11 Section 299 of the Juvenile Justice and Delinquency

12 Prevention Act of 1974 (42 U.S.C. 5671) is amended by

13 striking subsections (a) through (e) and inserting the fol14 lowing:

15 ‘‘(a) OFFICE OF JUVENILE JUSTICE AND DELIN16 QUENCY PREVENTION.—There are authorized to be ap17 propriated for each of fiscal years 1998, 1999, 2000,

18 2001, and 2002, such sums as may be necessary to carry

19 out part A.

20 ‘‘(b) BLOCK GRANTS FOR STATE AND LOCAL PRO21 GRAMS.—There is authorized to be appropriated

22 $200,000,000 for each of fiscal years 1998, 1999, 2000,

23 2001, and 2002, to carry out part B.

24 ‘‘(c) INCENTIVE GRANTS FOR ACCOUNTABILITY25 BASED REFORMS.—There is authorized to be appro-
36

•HR 1498 IH

1 priated $300,000,000 for each of fiscal years 1998, 1999,

2 2000, 2001, and 2002, to carry out part C.

3 ‘‘(d) SOURCE OF APPROPRIATIONS.—Funds author4 ized to be appropriated by this section may be appro5 priated from the Violent Crime Reduction Trust Fund.’’.

Æ