II 

Calendar No. 1033 

110TH CONGRESS 

2D SESSION S. 3155 

[Report No. 110–472] 

To reauthorize and improve the Juvenile Justice and Delinquency Prevention 

Act of 1974, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2008 

Mr. LEAHY (for himself, Mr. SPECTER, Mr. KOHL, Ms. COLLINS, Mrs. FEINSTEIN, Ms. SNOWE, Mr. DURBIN, Mr. COLEMAN, and Mr. SMITH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

SEPTEMBER 18 (legislative day, SEPTEMBER 17), 2008 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To reauthorize and improve the Juvenile Justice and 

Delinquency Prevention Act of 1974, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Delinquency Prevention Reauthorization Act of 2008’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 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. Research and evaluation; statistical analyses; information dissemination. 

Sec. 208. Training and technical assistance. 

Sec. 209. Incentive grants for State and local programs. 

Sec. 210. Authorization of appropriations. 

Sec. 211. Administrative authority. 

Sec. 212. 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. 

3 TITLE I—FINDINGS AND 

4 DECLARATION OF PURPOSE 

5 SEC. 101. FINDINGS. 

6 Section 101 of the Juvenile Justice and Delinquency 

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

8 read as follows: 

9 ‘‘SEC. 101. FINDINGS. 

10 ‘‘Congress finds the following: 


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

2 research supports the use of developmentally appro3 priate services and sanctions for youth in the juve4 nile justice system and those at risk for delinquent 

5 behavior to help prevent youth crime and to success6 fully intervene with youth who have already entered 

7 the system. 

8 ‘‘(2) Research has shown that targeted invest9 ments to redirect offending juveniles onto a different 

10 path are cost effective and can help reduce juvenile 

11 recidivism and adult crime. 

12 ‘‘(3) Minorities are disproportionately rep13 resented in the juvenile justice system. 

14 ‘‘(4) Between 1990 and 2004, the number of 

15 youth in adult jails increased by 208 percent. 

16 ‘‘(5) Every day in the United States, an aver17 age of 7,500 youth are incarcerated in adult jails. 

18 ‘‘(6) Youth who have been previously tried as 

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

20 commit crimes than youth retained in the juvenile 

21 justice system. 

22 ‘‘(7) Research has shown that every dollar 

23 spent on evidence based programs can yield up to 

24 $13 in cost savings. 


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1 ‘‘(8) Each child prevented from engaging in re2 peat criminal offenses can save the community 

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

4 ‘‘(9) Youth are 19 times more likely to commit 

5 suicide in jail than youth in the general population 

6 and 36 times more likely to commit suicide in an 

7 adult jail than in a juvenile detention facility. 

8 ‘‘(10) Seventy percent of youth in detention are 

held for nonviolent charges, and more than 2 9 ⁄3 are 

10 charged with property offenses, public order of11 fenses, technical probation violations, or status of12 fenses, such as truancy, running away, or breaking 

13 curfew. 

14 ‘‘(11) The prevalence of mental disorders 

15 among youth in juvenile justice systems is 2 to 3 

16 times higher than among youth in the general popu17 lation. 

18 ‘‘(12) Eighty percent of juveniles in juvenile 

19 justice systems have a nexus to substance abuse. 

20 ‘‘(13) The proportion of girls entering the jus21 tice system has increased steadily over the past sev22 eral decades, rising from 20 percent in 1980 to 29 

23 percent in 2003.’’. 


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1 SEC. 102. PURPOSES. 

2 Section 102 of the Juvenile Justice and Delinquency 

3 Prevention Act of 1974 (42 U.S.C. 5602) is amended— 

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

5 end; 

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

7 the end and inserting ‘‘; and’’; and 

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

9 ‘‘(4) to support a continuum of programs (in10 cluding delinquency prevention, intervention, mental 

11 health and substance abuse treatment, and 

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

13 youth who come into contact with the justice sys14 tem.’’. 

15 SEC. 103. DEFINITIONS. 

16 Section 103 of the Juvenile Justice and Delinquency 

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

18 (1) by amending paragraph (18) to read as fol19 lows: 

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

21 given that term in section 4 of the Indian Self-De22 termination and Education Assistance Act (25 

23 U.S.C. 450b);’’; 

24 (2) in paragraph (22), by striking ‘‘or confine 

25 adults’’ and all that follows and inserting ‘‘or con26 fine adult inmates;’’; 


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

3 ‘‘(26) the term ‘adult inmate’— 

4 ‘‘(A) means an individual who— 

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

7 law; and 

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

10 charge, or is convicted of a criminal charge 

11 offense; and 

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

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

15 at which a youth can be held in a juvenile 

16 facility under applicable State law; and 

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

18 custody of a juvenile correctional agency by 

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

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

22 end; 

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

24 the end and inserting a semicolon; and 

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


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

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

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

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

5 used to temporarily incapacitate a person, including 

6 oleoresin capsicum spray, tear gas, and 2-chloro7 benzalmalononitrile gas; 

8 ‘‘(32) the term ‘isolation’— 

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

10 is confined alone for more than 15 minutes in 

11 a room or cell; and 

12 ‘‘(B) does not include confinement in the 

13 room or cell in which the youth usually sleeps, 

14 protective confinement (for injured youths or 

15 youths whose safety is threatened), separation 

16 based on an approved treatment program, rou17 tine confinement at the time of the youth’s ad18 mission, confinement that is requested by the 

19 youth, or the separation of the youth from a 

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

21 calming; 

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

23 given that term in section 591 of the Public Health 

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


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

3 and that— 

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

5 empirically supported theory; 

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

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

9 ‘‘(C) has been scientifically tested, opti10 mally through randomized, controlled studies; 

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

12 practice that is demonstrated to be effective based 

13 on positive outcomes from 1 or more objective eval14 uations, or based on practice knowledge, as docu15 mented in writing to the Administrator; and 

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

17 act, procedure, or program that creates an unreason18 able risk of physical injury, pain, or psychological 

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

20 or program.’’. 


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1 TITLE II—JUVENILE JUSTICE 

2 AND DELINQUENCY PREVEN3 TION 

4 SEC. 201. CONCENTRATION OF FEDERAL EFFORTS. 

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

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

7 5614(a)(2)(B)(i)) is amended by striking ‘‘240 days after 

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

9 ‘‘July 2, 2009’’. 

10 SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE 

11 AND DELINQUENCY PREVENTION. 

12 Section 206 of the Juvenile Justice and Delinquency 

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

14 (1) in subsection (a)— 

15 (A) in paragraph (1)— 

16 (i) by inserting ‘‘the Administrator of 

17 the Substance Abuse and Mental Health 

18 Services Administration, the Secretary of 

19 Defense, the Secretary of Agriculture,’’ 

20 after ‘‘the Secretary of Health and Human 

21 Services,’’; and 

22 (ii) by striking ‘‘Commissioner of Im23 migration and Naturalization’’ and insert24 ing ‘‘Assistant Secretary for Immigration 

25 and Customs Enforcement’’; and 


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1 (B) in paragraph (2)(A), by inserting ‘‘(in2 cluding at least 1 representative from the men3 tal health fields)’’ after ‘‘field of juvenile jus4 tice’’; and 

5 (2) in subsection (c)— 

6 (A) in paragraph (1), by striking ‘‘para7 graphs (12)(A), (13), and (14) of section 

8 223(a) of this title’’ and inserting ‘‘the core re9 quirements’’; and 

10 (B) in paragraph (2)(B)— 

11 (i) by striking ‘‘180 days after the 

12 date of the enactment of this paragraph’’ 

13 and inserting ‘‘May 3, 2009’’; and 

14 (ii) by striking ‘‘Committee on Edu15 cation and the Workforce’’ and inserting 

16 ‘‘Committee on Education and Labor’’. 

17 SEC. 203. ANNUAL REPORT. 

18 Section 207 of the Juvenile Justice and Delinquency 

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

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

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

22 year’’; 

23 (2) in paragraph (1)— 

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

25 ethnicity,’’ after ‘‘race’’; 


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

2 ‘‘and’’ at the end; 

3 (C) in subparagraph (F)— 

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

5 ‘‘disabilities,’’; and 

6 (ii) by striking the period at the end 

7 and inserting a semicolon; and 

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

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

10 the applicable fiscal year of the use of restraints 

11 and isolation upon juveniles held in the custody 

12 of secure detention and correctional facilities 

13 operated by a State or unit of local government; 

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

15 custody and the type of living arrangement to 

16 which each such juvenile was released; and 

17 ‘‘(I) the number of status offense cases pe18 titioned to court, number of status offenders 

19 held in secure detention, the findings used to 

20 justify the use of secure detention, and the av21 erage period of time a status offender was held 

22 in secure detention’’; and 

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

24 ‘‘(5) A description of the criteria used to deter25 mine what programs qualify as evidence based and 


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1 promising programs under this title and title V and 

2 a comprehensive list of those programs the Adminis3 trator has determined meet such criteria. 

4 ‘‘(6) A description of funding provided to In5 dian tribes under this Act, including direct Federal 

6 grants and funding provided to Indian tribes 

7 through a State or unit of local government.’’. 

8 SEC. 204. ALLOCATION OF FUNDS. 

9 Section 222 of the Juvenile Justice and Delinquency 

10 Prevention Act of 1974 (42 U.S.C. 5632) is amended— 

11 (1) in subsection (a)(1), by striking ‘‘age eight12 een.’’ and inserting ‘‘18 years of age, based on the 

13 most recent census data to monitor any significant 

14 changes in the relative population of people under 

15 18 years of age occurring in the States.’’; 

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

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

18 (3) by inserting after subsection (b) the fol19 lowing: 

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

21 is withheld from a State due to noncompliance with the 

22 core requirements, the funds shall be reallocated for an 

23 improvement grant designed to assist the State in achiev24 ing compliance with the core requirements. 


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1 ‘‘(2) The Administrator shall condition a grant de2 scribed in paragraph (1) on— 

3 ‘‘(A) the State, with the approval of the Admin4 istrator, developing specific action steps designed to 

5 restore compliance with the core requirements; and 

6 ‘‘(B) submitting to the Administrator semi7 annually a report on progress toward implementing 

8 the specific action steps developed under subpara9 graph (A). 

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

11 effective technical assistance directly or through an agree12 ment with a contractor to assist a State receiving a grant 

13 described in paragraph (1) in achieving compliance with 

14 the core requirements.’’; 

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

16 striking ‘‘efficient administration, including moni17 toring, evaluation, and one full-time staff position’’ 

18 and inserting ‘‘effective and efficient administration, 

19 including the designation of at least 1 person to co20 ordinate efforts to achieve and sustain compliance 

21 with the core requirements’’; and 

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

23 striking ‘‘5 per centum’’ and inserting ‘‘not more 

24 than 5 percent’’. 


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1 SEC. 205. STATE PLANS. 

2 Section 223 of the Juvenile Justice and Delinquency 

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

4 (1) in subsection (a)— 

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

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

7 date on which a plan or amended plan sub8 mitted under this subsection is finalized, a 

9 State shall make the plan or amended plan pub10 licly available by posting the plan or amended 

11 plan on a publicly available website.’’ after 

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

13 (B) in paragraph (3)— 

14 (i) in subparagraph (A)(ii)— 

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

16 ‘‘counsel for children and youth’’ and 

17 inserting ‘‘publicly supported court18 appointed legal counsel for children 

19 and youth charged in delinquency 

20 matters’’; 

21 (II) in subclause (III), by strik22 ing ‘‘mental health, education, special 

23 education’’ and inserting ‘‘children’s 

24 mental health, education, child and 

25 adolescent substance abuse, special 


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1 education, services for youth with dis2 abilities’’; 

3 (III) in subclause (V), by striking 

4 ‘‘delinquents or potential delinquents’’ 

5 and inserting ‘‘delinquent youth or 

6 youth at risk of delinquency, including 

7 volunteers who work with youth of 

8 color’’; 

9 (IV) in subclause (VII), by strik10 ing ‘‘and’’ at the end; 

11 (V) by redesignating subclause 

12 (VIII) as subclause (XI); 

13 (VI) by inserting after subclause 

14 (VII) the following: 

15 ‘‘(VIII) the executive director or 

16 the designee of the executive director 

17 of a public or nonprofit entity that is 

18 located in the State and receiving a 

19 grant under part A of title III; 

20 ‘‘(IX) persons with expertise and 

21 competence in preventing and ad22 dressing mental health or substance 

23 abuse problems in juvenile delinquents 

24 and those at-risk of delinquency; 


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1 ‘‘(X) representatives of victim or 

2 witness advocacy groups; and’’; and 

3 (VII) in subclause (XI), as so re4 designated, by striking ‘‘disabilities’’ 

5 and inserting ‘‘and other disabilities, 

6 truancy reduction or school failure’’; 

7 (ii) in subparagraph (D)(ii), by strik8 ing ‘‘requirements of paragraphs (11), 

9 (12), and (13)’’ and inserting ‘‘core re10 quirements’’; and 

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

12 ‘‘and’’ at the end; 

13 (C) in paragraph (5)— 

14 (i) in the matter preceding subpara15 graph (A), by striking ‘‘section 222(d)’’ 

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

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

18 ‘‘Indian tribes’’ and all that follows 

19 through ‘‘applicable to the detention and 

20 confinement of juveniles’’ and inserting 

21 ‘‘Indian tribes that agree to attempt to 

22 comply with the core requirements applica23 ble to the detention and confinement of ju24 veniles’’; 

25 (D) in paragraph (7)(B)— 


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

2 the following: 

3 ‘‘(i) a plan for ensuring that the chief ex4 ecutive officer of the State, State legislature, 

5 and all appropriate public agencies in the State 

6 with responsibility for provision of services to 

7 children, youth and families are informed of the 

8 requirements of the State plan and compliance 

9 with the core requirements;’’; 

10 (ii) in clause (iii), by striking ‘‘and’’ 

11 at the end; and 

12 (iii) by striking clause (iv) and insert13 ing the following: 

14 ‘‘(iv) a plan to provide alternatives to de15 tention, including diversion to home-based or 

16 community-based services or treatment for 

17 those youth in need of mental health, substance 

18 abuse, or co-occurring disorder services at the 

19 time such juveniles first come into contact with 

20 the juvenile justice system; 

21 ‘‘(v) a plan to reduce the number of chil22 dren housed in secure detention and corrections 

23 facilities who are awaiting placement in residen24 tial treatment programs; 


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

2 the design and delivery of juvenile delinquency 

3 prevention and treatment services, particularly 

4 post-placement; and 

5 ‘‘(vii) a plan to use community-based serv6 ices to address the needs of at-risk youth or 

7 youth who have come into contact with the ju8 venile justice system;’’; 

9 (E) in paragraph (8), by striking ‘‘exist10 ing’’ and inserting ‘‘evidence based and prom11 ising’’; 

12 (F) in paragraph (9)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘section 222(d)’’ 

15 and inserting ‘‘section 222(e)’’; 

16 (ii) in subparagraph (A)(i), by insert17 ing ‘‘status offenders and other’’ before 

18 ‘‘youth who need’’; 

19 (iii) in subparagraph (B)(i)— 

20 (I) by striking ‘‘parents and 

21 other family members’’ and inserting 

22 ‘‘status offenders, other youth, and 

23 the parents and other family members 

24 of such offenders and youth’’; and 


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1 (II) by striking ‘‘be retained’’ 

2 and inserting ‘‘remain’’; 

3 (iv) by redesignating subparagraphs 

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

5 through (V), respectively; 

6 (v) by redesignating subparagraphs 

7 (E) and (F) as subparagraphs (F) and 

8 (G), respectively; 

9 (vi) by inserting after subparagraph 

10 (D) the following: 

11 ‘‘(E) providing training and technical as12 sistance to, and consultation with, juvenile jus13 tice and child welfare agencies of States and 

14 units of local government to develop coordinated 

15 plans for early intervention and treatment of 

16 youth who have a history of abuse and juveniles 

17 who have prior involvement with the juvenile 

18 justice system;’’; 

19 (vii) in subparagraph (G), as so redes20 ignated, by striking ‘‘expanding’’ and in21 serting ‘‘programs to expand’’; 

22 (viii) by inserting after subparagraph 

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

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

25 selection, training, and retention of professional 


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1 personnel in the fields of medicine, law enforce2 ment, judiciary, juvenile justice, social work and 

3 child protection, education, and other relevant 

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

5 the field of prevention, identification, and treat6 ment of delinquency; 

7 ‘‘(I) expanding access to publicly sup8 ported, court-appointed legal counsel and en9 hancing capacity for the competent representa10 tion of every child;’’; 

11 (ix) in subparagraph (O), as so redes12 ignated— 

13 (I) in clause (i), by striking ‘‘re14 straints’’ and inserting ‘‘alternatives’’; 

15 and 

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

17 the provision’’; and 

18 (x) in subparagraph (V), as so redes19 ignated, by striking the period at the end 

20 and inserting a semicolon; 

21 (G) in paragraph (11)— 

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

23 ‘‘and’’ at the end; 

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

25 ‘‘and’’ at the end; and 


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

3 ‘‘(C) encourage the use of community4 based alternatives to secure detention, including 

5 programs of public and nonprofit entities re6 ceiving a grant under part A of title III;’’; 

7 (H) by striking paragraph (22); 

8 (I) by redesignating paragraphs (23) 

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

10 respectively; 

11 (J) by redesignating paragraphs (14) 

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

13 respectively; 

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

15 following: 

16 ‘‘(14) require that— 

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

18 of enactment of the Juvenile Justice and Delin19 quency Prevention Reauthorization Act of 2008, 

20 unless a court finds, after a hearing and in 

21 writing, that it is in the interest of justice, juve22 niles awaiting trial or other legal process who 

23 are treated as adults for purposes of prosecu24 tion in criminal court and housed in a secure 

25 facility— 


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

2 inmates; and 

3 ‘‘(ii) may not be held in any jail or 

4 lockup for adults; 

5 ‘‘(B) in determining under subparagraph 

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

7 permit a juvenile to be held in any jail or lock8 up for adults, or have contact with adult in9 mates, a court shall consider— 

10 ‘‘(i) the age of the juvenile; 

11 ‘‘(ii) the physical and mental maturity 

12 of the juvenile; 

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

14 juvenile, including whether the juvenile 

15 presents an imminent risk of harm to the 

16 juvenile; 

17 ‘‘(iv) the nature and circumstances of 

18 the alleged offense; 

19 ‘‘(v) the juvenile’s history of prior de20 linquent acts; 

21 ‘‘(vi) the relative ability of the avail22 able adult and juvenile detention facilities 

23 to meet the specific needs of the juvenile 

24 and to protect the public; 


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1 ‘‘(vii) whether placement in a juvenile 

2 facility will better serve the long-term in3 terests of the juvenile and be more likely to 

4 prevent recidivism; 

5 ‘‘(viii) the availability of programs de6 signed to treat the juvenile’s behavioral 

7 problems; and 

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

9 ‘‘(C) if a court determines under subpara10 graph (A) that it is in the interest of justice to 

11 permit a juvenile to be held in any jail or lock12 up for adults, or have contact with adult in13 mates— 

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

15 less frequently than once every 30 days to 

16 review whether it is still in the interest of 

17 justice to permit the juvenile to be so held 

18 or have such contact; and 

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

20 any jail or lockup for adults, or permitted 

21 to have contact with adult inmates, for 

22 more than 180 days, unless the court, in 

23 writing, determines there is good cause for 

24 an extension or the juvenile expressly 

25 waives this limitation; 


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1 ‘‘(15) implement policy, practice, and system 

2 improvement strategies at the State, territorial, 

3 local, and tribal levels, as applicable, to identify and 

4 reduce racial and ethnic disparities among youth 

5 who come into contact with the juvenile justice sys6 tem, without establishing or requiring numerical 

7 standards or quotas, by— 

8 ‘‘(A) establishing coordinating bodies, com9 posed of juvenile justice stakeholders at the 

10 State, local, or tribal levels, to oversee and mon11 itor efforts by States, units of local government, 

12 and Indian tribes to reduce racial and ethnic 

13 disparities; 

14 ‘‘(B) identifying and analyzing key decision 

15 points in State, local, or tribal juvenile justice 

16 systems to determine which points create racial 

17 and ethnic disparities among youth who come 

18 into contact with the juvenile justice system; 

19 ‘‘(C) developing and implementing data 

20 collection and analysis systems to identify 

21 where racial and ethnic disparities exist in the 

22 juvenile justice system and to track and analyze 

23 such disparities; 

24 ‘‘(D) developing and implementing a work 

25 plan that includes measurable objectives for polVerDate Aug 31 2005 02:10 Sep 19, 2008 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6401 E:\BILLS\S3155.RS S3155

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1 icy, practice, or other system changes, based on 

2 the needs identified in the data collection and 

3 analysis under subparagraphs (B) and (C); and 

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

5 basis, the efforts made in accordance with sub6 paragraphs (B), (C), and (D);’’ 

7 (L) in paragraph (16), as so redesig8 nated— 

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

10 inserting ‘‘effective system’’; 

11 (ii) by striking ‘‘requirements of para12 graph (11),’’ and all that follows through 

13 ‘‘monitoring to the Administrator’’ and in14 serting ‘‘the core requirements are met, 

15 and for annual reporting to the Adminis16 trator of such plan, including the results of 

17 such monitoring and all related enforce18 ment and educational activities’’; and 

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

20 the Administrator,’’; 

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

22 by inserting ‘‘ethnicity,’’ after ‘‘race,’’; 

23 (N) in paragraph (24), as so redesig24 nated— 


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

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (C)— 

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

5 ‘‘and’’ at the end; 

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

7 ‘‘and’’ at the end; and 

8 (III) by adding at the end the 

9 following: 

10 ‘‘(iii) if such court determines the ju11 venile should be placed in a secure deten12 tion facility or correctional facility for vio13 lating such order, the court shall issue a 

14 written order that— 

15 ‘‘(I) identifies the valid court 

16 order that has been violated; 

17 ‘‘(II) specifies the factual basis 

18 for determining that there is reason19 able cause to believe that the juvenile 

20 has violated such order; 

21 ‘‘(III) includes findings of fact to 

22 support a determination that there is 

23 no appropriate less restrictive alter24 native available to placing the juvenile 

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1 ation to the best interest of the juve2 nile; and 

3 ‘‘(IV) specifies the length of time, 

4 not to exceed 7 days, that the juvenile 

5 may remain in a secure detention fa6 cility or correctional facility, and in7 cludes a plan for the juvenile’s release 

8 from such facility; and’’; and 

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

11 ‘‘(D) there are procedures in place to en12 sure that any juvenile held in a secure detention 

13 facility or correctional facility pursuant to a 

14 court order described in this paragraph does 

15 not remain in custody longer than 7 days or the 

16 length of time authorized by the court, which17 ever is shorter;’’; 

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

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

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

23 (i) by inserting ‘‘and in accordance 

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


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1 (ii) by striking the semicolon at the 

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

3 provide for— 

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

6 system with a prior reported history as victims 

7 of child abuse or neglect through arrest, court 

8 intake, probation and parole, juvenile detention, 

9 and corrections; and 

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

11 subparagraph (A) to provide necessary services 

12 for the treatment of victims of child abuse and 

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

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

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

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

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

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

22 by striking the period at the end and inserting 

23 a semicolon; and 

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


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

2 provided under this Act with other Federal and 

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

5 ‘‘(31) develop policies and procedures, and pro6 vide training for facility staff, on evidence based and 

7 promising techniques for effective behavior manage8 ment that are designed to eliminate the use of dan9 gerous practices, unreasonable restraints, and isola10 tion; 

11 ‘‘(32) provide mental health and substance 

12 abuse screening, assessment, referral, and treatment 

13 for juveniles in the juvenile justice system; 

14 ‘‘(33) provide procedural safeguards to adju15 dicated juveniles, including— 

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

17 based on an assessment of the needs of the ju18 venile and developed and updated in consulta19 tion with the juvenile, the family of the juvenile, 

20 and, if appropriate, counsel for the juvenile, 

21 that— 

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

23 post-release programs and reentry services 

24 that will be provided to the juvenile; 


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1 ‘‘(ii) describes the living arrangement 

2 to which the juvenile is to be discharged; 

3 and 

4 ‘‘(iii) establishes a plan for the enroll5 ment of the juvenile in post-release health 

6 care, behavioral health care, educational, 

7 vocational, training, family support, public 

8 assistance, and legal services programs, as 

9 appropriate; 

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

11 ‘‘(i) shall take place in a family or ju12 venile court or another court (including a 

13 tribal court) of competent jurisdiction, or 

14 by an administrative body appointed or ap15 proved by the court, not earlier than 30 

16 days before the date on which the juvenile 

17 is scheduled to be released, and at which 

18 the juvenile would be represented by coun19 sel; and 

20 ‘‘(ii) shall determine the discharge 

21 plan for the juvenile, including a deter22 mination of whether a safe, appropriate, 

23 and permanent living arrangement has 

24 been secured for the juvenile and whether 

25 enrollment in health care, behavioral health 


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1 care, educational, vocational, training, fam2 ily support, public assistance and legal 

3 services, as appropriate, has been arranged 

4 for the juvenile; and 

5 ‘‘(C) policies to ensure that discharge plan6 ning and procedures— 

7 ‘‘(i) are accomplished in a timely fash8 ion prior to the release from custody of 

9 each adjudicated juvenile; and 

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

11 custody of the juvenile; and 

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

13 State of funds for reentry and aftercare services for 

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

15 (2) in subsection (c)— 

16 (A) in the matter preceding paragraph 

17 (1)— 

18 (i) by striking ‘‘applicable require19 ments of paragraphs (11), (12), (13), and 

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

21 requirements’’; and 

22 (ii) by striking ‘‘2001, then’’ and in23 serting ‘‘2008’’; 

24 (B) in paragraph (1), by striking ‘‘, and’’ 

25 at the end and inserting a semicolon; 


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1 (C) in paragraph (2)(B)(ii)— 

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

3 after ‘‘appropriate executive’’; and 

4 (ii) by striking the period at the end 

5 and inserting ‘‘, as specified in section 

6 222(c); and’’; and 

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

8 ‘‘(3) the State shall submit to the Adminis9 trator a report detailing the reasons for noncompli10 ance with the core requirements, including the plan 

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

12 shall make publicly available such report, not later 

13 than 30 days after the date on which the Adminis14 trator approves the report, by posting the report on 

15 a publicly available website.’’; 

16 (3) in subsection (d)— 

17 (A) by striking ‘‘section 222(d)’’ and in18 serting ‘‘section 222(e)’’; 

19 (B) by striking ‘‘described in paragraphs 

20 (11), (12), (13) and (22) of subsection (a)’’ and 

21 inserting ‘‘described in the core requirements’’; 

22 and 

23 (C) by striking ‘‘the requirements under 

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1 section (a)’’ and inserting ‘‘the core require2 ments’’; and 

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

4 following: 

5 ‘‘(f) COMPLIANCE DETERMINATION.—Not later than 

6 60 days after the date of receipt of information indicating 

7 that a State may be out of compliance with any of the 

8 core requirements, the Administrator shall— 

9 ‘‘(1) determine whether the State is in compli10 ance with the core requirements; 

11 ‘‘(2) issue a public report describing the deter12 mination described in paragraph (1), including a 

13 summary of the information on which the determina14 tion is based and the actions to be taken by the Ad15 ministrator (including a description of any reduction 

16 imposed under subsection (c)); and 

17 ‘‘(3) make the report described in paragraph 

18 (2) available on a publicly available website. 

19 ‘‘(g) TECHNICAL ASSISTANCE.— 

20 ‘‘(1) ORGANIZATION OF STATE ADVISORY

21 GROUP MEMBER REPRESENTATIVES.—The Adminis22 trator shall provide technical and financial assist23 ance to an agency, institution, or organization to as24 sist in carrying out the activities described in para25 graph (3). The functions and activities of an agency, 


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1 institution, or organization under this subsection 

2 shall not be subject to the Federal Advisory Com3 mittee Act. 

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

5 assistance under this subsection, an agency, institu6 tion, or organization shall— 

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

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

9 executive of a State to serve as a member 

10 of a State advisory group established 

11 under subsection (a)(3); and 

12 ‘‘(ii) are elected to serve as a gov13 erning officer of such an agency, institu14 tion, or organization by a majority of the 

15 member Chairs (or the designees of the 

16 member Chairs) of all State advisory 

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

18 ‘‘(B) include member representatives— 

19 ‘‘(i) from a majority of the State advi20 sory groups established under subsection 

21 (a)(3); and 

22 ‘‘(ii) who are representative of region23 ally and demographically diverse State ju24 risdictions; and 


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

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

3 State advisory group established under sub4 section (a)(3) to implement the advisory func5 tions specified in subparagraphs (D) and (E) of 

6 paragraph (3) of this subsection. 

7 ‘‘(3) ACTIVITIES.—To be eligible to receive as8 sistance under this subsection, an agency, institu9 tion, or organization shall agree to— 

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

11 member representatives of the State advisory 

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

13 purposes relating to the activities of such State 

14 advisory groups; 

15 ‘‘(B) disseminate information, data, stand16 ards, advanced techniques, and program mod17 els; 

18 ‘‘(C) review Federal policies regarding ju19 venile justice and delinquency prevention; 

20 ‘‘(D) advise the Administrator regarding 

21 particular functions or aspects of the work of 

22 the Office; and 

23 ‘‘(E) advise the President and Congress re24 garding State perspectives on the operation of 


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1 the Office and Federal legislation relating to ju2 venile justice and delinquency prevention.’’. 

3 SEC. 206. AUTHORITY TO MAKE GRANTS. 

4 Section 241(a) of the Juvenile Justice and Delin5 quency Prevention Act of 1974 (42 U.S.C. 5651(a)) is 

6 amended— 

7 (1) in paragraph (1), by inserting ‘‘status of8 fenders,’’ before ‘‘juvenile offenders, and juveniles’’; 

9 (2) in paragraph (5), by striking ‘‘juvenile of10 fenders and juveniles’’ and inserting ‘‘status offend11 ers, juvenile offenders, and juveniles’’; 

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

13 juveniles with disabilities’’ before the semicolon; 

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

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

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

17 end; 

18 (6) by redesignating paragraph (25) as para19 graph (26); and 

20 (7) by inserting after paragraph (24) the fol21 lowing: 

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

23 partnerships between a State and a university, insti24 tution of higher education, or research center de25 signed to improve the recruitment, selection, trainVerDate Aug 31 2005 02:10 Sep 19, 2008 Jkt 069200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6401 E:\BILLS\S3155.RS S3155

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1 ing, and retention of professional personnel in the 

2 fields of medicine, law enforcement, judiciary, juve3 nile justice, social work and child protection, edu4 cation, and other relevant fields who are engaged in, 

5 or intend to work in, the field of prevention, identi6 fication, and treatment of delinquency; and’’. 

7 SEC. 207. RESEARCH AND EVALUATION; STATISTICAL 

8 ANALYSES; INFORMATION DISSEMINATION. 

9 (a) IN GENERAL.—Section 251 of the Juvenile Jus10 tice and Delinquency Prevention Act of 1974 (42 U.S.C. 

11 5661) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1)— 

14 (i) in the matter proceeding subpara15 graph (A), by striking ‘‘may’’ and inserting 

16 ‘‘shall’’; 

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

18 ‘‘plan and identify’’ and inserting ‘‘annu19 ally provide a written and publicly avail20 able plan to identify’’; and 

21 (iii) in subparagraph (B)— 

22 (I) by amending clause (iii) to 

23 read as follows: 

24 ‘‘(iii) successful efforts to prevent status 

25 offenders and first-time minor offenders from 


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1 subsequent involvement with the criminal jus2 tice system;’’; 

3 (II) by amending clause (vii) to 

4 read as follows: 

5 ‘‘(vii) the prevalence and duration of be6 havioral health needs (including mental health, 

7 substance abuse, and co-occurring disorders) 

8 among juveniles pre-placement and post-place9 ment when held in the custody of secure deten10 tion and corrections facilities, including an ex11 amination of the effects of confinement;’’; 

12 (III) by redesignating clauses 

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

14 and (xiii), respectively; and 

15 (IV) by inserting after clause 

16 (viii) the following: 

17 ‘‘(ix) training efforts and reforms that 

18 have produced reductions in or elimination of 

19 the use of dangerous practices; 

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

21 selection, training, and retention of professional 

22 personnel in the fields of medicine, law enforce23 ment, judiciary, juvenile justice, social work and 

24 child protection, education, and other relevant 

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


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

3 (B) in paragraph (4)— 

4 (i) in the matter preceding subpara5 graph (A), by inserting ‘‘and not later than 

6 1 year after the date of enactment of the 

7 Juvenile Justice and Delinquency Preven8 tion Reauthorization Act of 2008’’ after 

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

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

11 ‘‘and’’ at the end; 

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

13 the period at the end and inserting a semi14 colon; and 

15 (iv) by adding at the end the fol16 lowing: 

17 ‘‘(H) a description of the best practices in dis18 charge planning; and 

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

20 juveniles who cannot return to the homes of the ju21 veniles.’’; 

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

23 paragraph (a), by striking ‘‘may’’ and inserting 

24 ‘‘shall’’; and 

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


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1 ‘‘(f) NATIONAL RECIDIVISM MEASURE.—The Admin2 istrator shall— 

3 ‘‘(1) establish a uniform method of data collec4 tion and technology that States shall use to evaluate 

5 data on juvenile recidivism on an annual basis; 

6 ‘‘(2) establish a common national juvenile re7 cidivism measurement system; and 

8 ‘‘(3) make cumulative juvenile recidivism data 

9 that is collected from States available to the pub10 lic.’’. 

11 (b) STUDIES.— 

12 (1) IN GENERAL.—The Administrator shall con13 duct a study and publish a report on the differences 

14 between male and female juvenile offenders that in15 cludes analyses of— 

16 (A) risk factors specific to the development 

17 of delinquent behavior in girls; 

18 (B) the mental health needs of delinquent 

19 girls and girls at risk of delinquency; 

20 (C) delinquency prevention and interven21 tion programs that are effective among girls; 

22 and 

23 (D) how prevention and intervention pro24 grams for delinquent girls and girls at-risk of 

25 delinquency can be made more effective. 


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1 (2) ASSESSMENT OF TREATING JUVENILES AS

2 ADULTS.—The Administrator shall— 

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

4 of enactment of this Act, assess the effective5 ness of the practice of treating juveniles as 

6 adults for purposes of prosecution in criminal 

7 court; and 

8 (B) not later than 42 months after the 

9 date of enactment of this Act, submit to Con10 gress and the President, and make publicly 

11 available, a report on the findings and conclu12 sions of the assessment under subparagraph 

13 (A) and any recommended changes in law iden14 tified as a result of the assessment under sub15 paragraph (A). 

16 (3) OUTCOME STUDY OF FORMER JUVENILE

17 OFFENDERS.—The Administrator shall conduct a 

18 study of adjudicated juveniles and publish a report 

19 on the outcomes for juveniles who have reintegrated 

20 into the community, which shall include information 

21 on the outcomes relating to family reunification, 

22 housing, education, employment, health care, behav23 ioral health care, and repeat offending. 

24 (4) DEFINITION OF ADMINISTRATOR.—In this 

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


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1 head of the Office of Juvenile Justice and Delin2 quency Prevention. 

3 SEC. 208. TRAINING AND TECHNICAL ASSISTANCE. 

4 Section 252 of the Juvenile Justice and Delinquency 

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

6 (1) in subsection (a)— 

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

8 by striking ‘‘may’’; 

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

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

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

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

13 (2) in subsection (b)— 

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

15 by striking ‘‘may’’; 

16 (B) in paragraph (1)— 

17 (i) by inserting ‘‘shall’’ before ‘‘de18 velop and implement projects’’; and 

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

20 (C) in paragraph (2)— 

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

22 grants to and contracts with’’; and 

23 (ii) by striking the period at the end 

24 and inserting a semicolon; and 

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


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

2 and units of local government on achieving compli3 ance with the amendments made by the Juvenile 

4 Justice and Delinquency Prevention Reauthorization 

5 Act of 2008; and 

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

7 in support of efforts to establish partnerships be8 tween the State and a university, institution of high9 er education, or research center designed to improve 

10 the recruitment, selection, training, and retention of 

11 professional personnel in the fields of medicine, law 

12 enforcement, judiciary, juvenile justice, social work 

13 and child protection, education, and other relevant 

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

15 field of prevention, identification, and treatment of 

16 delinquency.’’; and 

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

18 ‘‘(d) TECHNICAL ASSISTANCE TO STATES REGARD19 ING LEGAL REPRESENTATION OF CHILDREN.—The Ad20 ministrator shall develop and issue standards of practice 

21 for attorneys representing children, and ensure that the 

22 standards are adapted for use in States. 

23 ‘‘(e) TRAINING AND TECHNICAL ASSISTANCE FOR

24 LOCAL AND STATE JUVENILE DETENTION AND CORREC25 TIONS PERSONNEL.—The Administrator shall coordinate 


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1 training and technical assistance programs with juvenile 

2 detention and corrections personnel of States and units 

3 of local government to promote evidence based and prom4 ising methods for improving conditions of juvenile confine5 ment, including those that are designed to minimize the 

6 use of dangerous practices, unreasonable restraints, and 

7 isolation. 

8 ‘‘(f) TRAINING AND TECHNICAL ASSISTANCE TO

9 SUPPORT MENTAL HEALTH OR SUBSTANCE ABUSE

10 TREATMENT INCLUDING HOME-BASED OR COMMUNITY11 BASED CARE.—The Administrator shall provide training 

12 and technical assistance, in conjunction with the appro13 priate public agencies, to individuals involved in making 

14 decisions regarding the disposition of cases for youth who 

15 enter the juvenile justice system, including— 

16 ‘‘(1) juvenile justice intake personnel; 

17 ‘‘(2) probation officers; 

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

19 personnel; 

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

21 and 

22 ‘‘(5) family members of juveniles and family ad23 vocates.’’. 


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1 SEC. 209. INCENTIVE GRANTS FOR STATE AND LOCAL PRO2 GRAMS. 

3 Title II of the Juvenile Justice and Delinquency Pre4 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amend5 ed— 

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

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

8 ‘‘PART F—INCENTIVE GRANTS FOR STATE AND 

9 LOCAL PROGRAMS 

10 ‘‘SEC. 271. INCENTIVE GRANTS. 

11 ‘‘(a) INCENTIVE GRANT FUNDS.—The Administrator 

12 may make incentive grants to a State, unit of local govern13 ment, or combination of States and local governments to 

14 assist a State, unit of local government, or combination 

15 thereof in carrying out an activity identified in subsection 

16 (b)(1). 

17 ‘‘(b) USE OF FUNDS.— 

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

19 the Administrator under this section may be used 

20 to— 

21 ‘‘(A) increase the use of evidence based or 

22 promising prevention and intervention pro23 grams; 

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

25 training, and retention of professional personnel 

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1 ment, judiciary, juvenile justice, social work, 

2 and child prevention) who are engaged in, or in3 tend to work in, the field of prevention, inter4 vention, and treatment of juveniles to reduce 

5 delinquency; 

6 ‘‘(C) establish a partnership between juve7 nile justice agencies of a State or unit of local 

8 government and mental health authorities of 

9 State or unit of local government to establish 

10 and implement programs to ensure there are 

11 adequate mental health and substance abuse 

12 screening, assessment, referral, treatment, and 

13 after-care services for juveniles who come into 

14 contact with the justice system; 

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

16 the public or private agency that provides men17 tal health services, to individuals involved in 

18 making decisions involving youth who enter the 

19 juvenile justice system (including intake per20 sonnel, law enforcement, prosecutors, juvenile 

21 court judges, public defenders, mental health 

22 and substance abuse service providers and ad23 ministrators, probation officers, and parents) 

24 that focuses on— 


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1 ‘‘(i) the availability of screening and 

2 assessment tools and the effective use of 

3 such tools; 

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

5 to increase availability of mental health or 

6 substance abuse treatment programs (in7 cluding home-based and community-based 

8 programs) available to juveniles within the 

9 jurisdiction of the recipient; 

10 ‘‘(iii) the availability of public and pri11 vate services available to juveniles to pay 

12 for mental health or substance abuse treat13 ment programs; or 

14 ‘‘(iv) the appropriate use of effective 

15 home-based and community-based alter16 natives to juvenile justice or mental health 

17 system institutional placement; and 

18 ‘‘(E) provide services to juveniles with 

19 mental health or substance abuse disorders who 

20 are at risk of coming into contact with the jus21 tice system. 

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

23 State or unit of local government receiving a grant 

24 under this section shall ensure that— 


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1 ‘‘(A) the use of the grant under this sec2 tion is developed as part of the State plan re3 quired under section 223(a); and 

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

5 amount received under this section is used for 

6 administration of the grant under this section. 

7 ‘‘(c) APPLICATION.— 

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

9 government desiring a grant under this section shall 

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

11 and containing such information as the Adminis12 trator may prescribe. 

13 ‘‘(2) CONTENTS.—In accordance with guide14 lines that shall be established by the Administrator, 

15 each application for incentive grant funding under 

16 this section shall— 

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

18 funding would be used for and how the activity 

19 or program is designed to carry out 1 or more 

20 of the activities described in subsection (b); 

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

22 the grant would be used for evidence based or 

23 promising prevention or intervention programs, 

24 include a detailed description of the studies, 

25 findings, or practice knowledge that support the 


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1 assertion that such programs qualify as evi2 dence based or promising; and 

3 ‘‘(C) for any program for which funds pro4 vided under the grant would be used that is not 

5 evidence based or promising, include a detailed 

6 description of any studies, findings, or practice 

7 knowledge which support the effectiveness of 

8 the program.’’. 

9 SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 299 of the Juvenile Justice and Delinquency 

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

12 (1) in subsection (a)— 

13 (A) in the subsection heading, by striking 

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

15 AND F’’; 

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

17 title’’ and all that follows and inserting the fol18 lowing: ‘‘this title— 

19 ‘‘(A) $196,700,000 for fiscal year 2009; 

20 ‘‘(B) $245,900,000 for fiscal year 2010; 

21 ‘‘(C) $295,100,000 for fiscal year 2011; 

22 ‘‘(D) $344,300,000 for fiscal year 2012; and 

23 ‘‘(E) $393,500,000 for fiscal year 2013.’’; and 


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

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

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

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

6 ‘‘fiscal years 2009, 2010, 2011, 2012, and 2013’’; 

7 (3) in subsection (c), by striking ‘‘fiscal years 

8 2003, 2004, 2005, 2006, and 2007’’ and inserting 

9 ‘‘fiscal years 2009, 2010, 2011, 2012, and 2013’’; 

10 (4) by redesignating subsection (d) as sub11 section (e); and 

12 (5) by inserting after subsection (c) the fol13 lowing: 

14 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR

15 PART F.—There are authorized to be appropriated to 

16 carry out part F, and authorized to remain available until 

17 expended, $60,000,000 for each of fiscal years 2009, 

18 2010, 2011, 2012, and 2013. Of the sums that are appro19 priated for a fiscal year to carry out part F, not less than 

20 50 percent shall be used to fund programs that are car21 rying out an activity described in subparagraph (C), (D), 

22 or (E) of section 271(b)(1).’’. 

23 SEC. 211. ADMINISTRATIVE AUTHORITY. 

24 Section 299A(e) of the Juvenile Justice and Delin25 quency Prevention Act of 1974 (42 U.S.C. 5672(e)) is 


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1 amended by striking ‘‘requirements described in para2 graphs (11), (12), and (13) of section 223(a)’’ and insert3 ing ‘‘core requirements’’. 

4 SEC. 212. TECHNICAL AND CONFORMING AMENDMENTS. 

5 The Juvenile Justice and Delinquency Prevention Act 

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

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

8 223(a)(15)’’ and inserting ‘‘section 223(a)(16)’’; 

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

10 222(c)’’ and inserting ‘‘section 222(d)’’; and 

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

12 222(c)’’ and inserting ‘‘section 222(d)’’. 

13 TITLE III—INCENTIVE GRANTS 

14 FOR LOCAL DELINQUENCY 

15 PREVENTION PROGRAMS 

16 SEC. 301. DEFINITIONS. 

17 Section 502 of the Incentive Grants for Local Delin18 quency Prevention Programs Act of 2002 (42 U.S.C. 

19 5781) is amended— 

20 (1) in the section heading, by striking ‘‘DEFI21 NITION’’ and inserting ‘‘DEFINITIONS’’; and 

22 (2) by striking ‘‘this title, the term’’ and insert23 ing the following: ‘‘this title— 

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

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


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1 for the purpose of providing guidance, support, and 

2 encouragement aimed at developing the character of 

3 the youths, where the adult and youths meet regu4 larly for not less than 4 hours each month for not 

5 less than a 9-month period; and 

6 ‘‘(2) the term’’. 

7 SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PRO8 GRAMS. 

9 Section 504(a) of the Incentive Grants for Local De10 linquency Prevention Programs Act of 2002 (42 U.S.C. 

11 5783(a)) is amended— 

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

13 end; 

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

15 the end and inserting ‘‘; and’’; and 

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

17 ‘‘(9) mentoring programs.’’. 

18 SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 505 of the Incentive Grants for Local Delin20 quency Prevention Programs Act of 2002 (42 U.S.C. 

21 5784) is amended to read as follows: 

22 ‘‘SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 

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

24 this title— 

25 ‘‘(1) $272,200,000 for fiscal year 2009; 


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1 ‘‘(2) $322,800,000 for fiscal year 2010; 

2 ‘‘(3) $373,400,000 for fiscal year 2011; 

3 ‘‘(4) $424,000,000 for fiscal year 2012; and 

4 ‘‘(5) $474,600,000 for fiscal year 2013.’’. 

5 SEC. 304. TECHNICAL AND CONFORMING AMENDMENT. 

6 The Juvenile Justice and Delinquency Prevention Act 

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

8 Juvenile Justice and Delinquency Prevention Act of 1974 

9 (Public Law 93–415; 88 Stat. 1133) (relating to miscella10 neous and conforming amendments). 

11 SECTION 1. SHORT TITLE. 

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

13 Delinquency Prevention Reauthorization Act of 2008’’. 

14 SEC. 2. TABLE OF CONTENTS. 

15 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. Incentive grants for State and local programs. 

Sec. 211. Authorization of appropriations. 


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Sec. 212. Administrative authority. 

Sec. 213. 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. 

1 TITLE I—FINDINGS AND 

2 DECLARATION OF PURPOSE 

3 SEC. 101. FINDINGS. 

4 Section 101 of the Juvenile Justice and Delinquency 

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

6 as follows: 

7 ‘‘SEC. 101. FINDINGS. 

8 ‘‘Congress finds the following: 

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

10 research supports the use of developmentally appro11 priate services and sanctions for youth in the juvenile 

12 justice system and those at risk for delinquent behav13 ior to help prevent youth crime and to successfully in14 tervene with youth who have already entered the sys15 tem. 

16 ‘‘(2) Research has shown that targeted invest17 ments to redirect offending juveniles onto a different 

18 path are cost effective and can help reduce juvenile re19 cidivism and adult crime. 

20 ‘‘(3) Minorities are disproportionately rep21 resented in the juvenile justice system. 


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

2 youth in adult jails increased by 208 percent. 

3 ‘‘(5) Every day in the United States, an average 

4 of 7,500 youth are incarcerated in adult jails. 

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

6 adults are, on average, 34 percent more likely to com7 mit crimes than youth retained in the juvenile justice 

8 system. 

9 ‘‘(7) Research has shown that every dollar spent 

10 on evidence based programs can yield up to $13 in 

11 cost savings. 

12 ‘‘(8) Each child prevented from engaging in re13 peat criminal offenses can save the community 

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

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

16 suicide in jail than youth in the general population 

17 and 36 times more likely to commit suicide in an 

18 adult jail than in a juvenile detention facility. 

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

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

21 charged with property offenses, public order offenses, 

22 technical probation violations, or status offenses, such 

23 as truancy, running away, or breaking curfew. 


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1 ‘‘(11) The prevalence of mental disorders among 

2 youth in juvenile justice systems is 2 to 3 times high3 er than among youth in the general population. 

4 ‘‘(12) Eighty percent of juveniles in juvenile jus5 tice systems have a nexus to substance abuse. 

6 ‘‘(13) The proportion of girls entering the justice 

7 system has increased steadily over the past several 

8 decades, rising from 20 percent in 1980 to 29 percent 

9 in 2003.’’. 

10 SEC. 102. PURPOSES. 

11 Section 102 of the Juvenile Justice and Delinquency 

12 Prevention Act of 1974 (42 U.S.C. 5602) is amended— 

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

14 end; 

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

16 the end and inserting ‘‘; and’’; and 

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

18 ‘‘(4) to support a continuum of programs (in19 cluding delinquency prevention, intervention, mental 

20 health and substance abuse treatment, and aftercare) 

21 to address the needs of at-risk youth and youth who 

22 come into contact with the justice system.’’. 

23 SEC. 103. DEFINITIONS. 

24 Section 103 of the Juvenile Justice and Delinquency 

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


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1 (1) in paragraph (8), by amending subpara2 graph (C) to read as follows: 

3 ‘‘(C) an Indian tribe; or’’; 

4 (2) by amending paragraph (18) to read as fol5 lows: 

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

7 given that term in section 4 of the Indian Self-Deter8 mination and Education Assistance Act (25 U.S.C. 

9 450b);’’; 

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

11 adults’’ and all that follows and inserting ‘‘or confine 

12 adult inmates;’’; 

13 (4) by amending paragraph (26) to read as fol14 lows: 

15 ‘‘(26) the term ‘adult inmate’— 

16 ‘‘(A) means an individual who— 

17 ‘‘(i) has reached the age of full crimi18 nal responsibility under applicable State 

19 law; and 

20 ‘‘(ii) has been arrested and is in cus21 tody for or awaiting trial on a criminal 

22 charge, or is convicted of a criminal charge 

23 offense; and 

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


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1 ‘‘(i) at the time of the time of the of2 fense, was younger than the maximum age 

3 at which a youth can be held in a juvenile 

4 facility under applicable State law; and 

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

6 custody of a juvenile correctional agency by 

7 a court of competent jurisdiction or by op8 eration of applicable State law;’’; 

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

10 end; 

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

12 the end and inserting a semicolon; and 

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

14 ‘‘(30) the term ‘core requirements’ means the re15 quirements described in paragraphs (11), (12), (13), 

16 and (15) of section 223(a); 

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

18 used to temporarily incapacitate a person, including 

19 oleoresin capsicum spray, tear gas, and 2- 

20 chlorobenzalmalononitrile gas; 

21 ‘‘(32) the term ‘isolation’— 

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

23 is confined alone for more than 15 minutes in a 

24 room or cell; and 


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1 ‘‘(B) does not include confinement during 

2 regularly scheduled sleeping hours, or for not 

3 more than 1 hour during any 24-hour period, in 

4 the room or cell in which the youth usually 

5 sleeps, protective confinement (for injured youths 

6 or youths whose safety is threatened), separation 

7 based on an approved treatment program, con8 finement that is requested by the youth, or the 

9 separation of the youth from a group in a non10 locked setting for the purpose of calming; 

11 ‘‘(33) the term ‘restraint’ has the meaning given 

12 that term in section 591 of the Public Health Service 

13 Act (42 U.S.C. 290ii); 

14 ‘‘(34) the term ‘evidence based’ means a program 

15 or practice that is demonstrated to be effective and 

16 that— 

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

18 empirically supported theory; 

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

20 detailed description of what outcomes were pro21 duced in a particular population; and 

22 ‘‘(C) has been scientifically tested, optimally 

23 through randomized control studies or compari24 son group studies; 


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

2 practice that is demonstrated to be effective based on 

3 positive outcomes from 1 or more objective evalua4 tions, as documented in writing to the Administrator; 

5 and 

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

7 act, procedure, or program that creates an unreason8 able risk of physical injury, pain, or psychological 

9 harm to a juvenile subjected to the act, procedure, or 

10 program.’’. 

11 TITLE II—JUVENILE JUSTICE 

12 AND DELINQUENCY PREVEN13 TION 

14 SEC. 201. CONCENTRATION OF FEDERAL EFFORTS. 

15 Section 204(a)(2)(B)(i) of the Juvenile Justice and De16 linquency Prevention Act of 1974 (42 U.S.C. 

17 5614(a)(2)(B)(i)) is amended by striking ‘‘240 days after 

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

19 ‘‘July 2, 2009’’. 

20 SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE 

21 AND DELINQUENCY PREVENTION. 

22 Section 206 of the Juvenile Justice and Delinquency 

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

24 (1) in subsection (a)— 

25 (A) in paragraph (1)— 


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1 (i) by inserting ‘‘the Administrator of 

2 the Substance Abuse and Mental Health 

3 Services Administration, the Secretary of 

4 Defense, the Secretary of Agriculture,’’ after 

5 ‘‘the Secretary of Health and Human Serv6 ices,’’; and 

7 (ii) by striking ‘‘Commissioner of Im8 migration and Naturalization’’ and insert9 ing ‘‘Assistant Secretary for Immigration 

10 and Customs Enforcement’’; and 

11 (B) in paragraph (2)(A), by inserting ‘‘(in12 cluding at least 1 representative from the mental 

13 health fields)’’ after ‘‘field of juvenile justice’’; 

14 and 

15 (2) in subsection (c)— 

16 (A) in paragraph (1), by striking ‘‘para17 graphs (12)(A), (13), and (14) of section 223(a) 

18 of this title’’ and inserting ‘‘the core require19 ments’’; and 

20 (B) in paragraph (2)— 

21 (i) in the matter preceding subpara22 graph (A), by inserting ‘‘, on an annual 

23 basis’’ after ‘‘collectively’’; 

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

25 ‘‘and’’ at the end; 


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1 (iii) in subparagraph (B), 

2 (I) by striking ‘‘180 days after the 

3 date of the enactment of this para4 graph’’ and inserting ‘‘May 3, 2009’’; 

5 (II) by striking ‘‘Committee on 

6 Education and the Workforce’’ and in7 serting ‘‘Committee on Education and 

8 Labor’’; and 

9 (III) by striking the period and 

10 inserting ‘‘; and’’; and 

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

12 ‘‘(C) not later than 120 days after the comple13 tion of the last meeting in any fiscal year, submit to 

14 Congress a report regarding the recommendations de15 scribed in subparagraph (A), which shall— 

16 ‘‘(i) include a detailed account of the activi17 ties conducted by the Council during the fiscal 

18 year, including a complete detailed accounting of 

19 expenses incurred by the Coordinating Council to 

20 conduct operations in accordance with this sec21 tion; 

22 ‘‘(ii) be published on the websites of the De23 partment of Justice and the Coordinating Coun24 cil; and 


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

2 required by section 207.’’. 

3 SEC. 203. ANNUAL REPORT. 

4 Section 207 of the Juvenile Justice and Delinquency 

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

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

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

8 year’’; 

9 (2) in paragraph (1)— 

10 (A) in subparagraph (B), by inserting 

11 ‘‘, ethnicity,’’ after ‘‘race’’; 

12 (B) in subparagraph (E), by striking ‘‘and’’ 

13 at the end; 

14 (C) in subparagraph (F)— 

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

16 ‘‘disabilities,’’; and 

17 (ii) by striking the period at the end 

18 and inserting a semicolon; and 

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

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

21 the applicable fiscal year of the use of restraints 

22 and isolation upon juveniles held in the custody 

23 of secure detention and correctional facilities op24 erated by a State or unit of local government; 


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

2 custody and the type of living arrangement to 

3 which each such juvenile was released; and 

4 ‘‘(I) the number of status offense cases peti5 tioned to court, number of status offenders held 

6 in secure detention, the findings used to justify 

7 the use of secure detention, and the average pe8 riod of time a status offender was held in secure 

9 detention’’; and 

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

11 ‘‘(5) A description of the criteria used to deter12 mine what programs qualify as evidence based and 

13 promising programs under this title and title V and 

14 a comprehensive list of those programs the Adminis15 trator has determined meet such criteria. 

16 ‘‘(6) A description of funding provided to Indian 

17 tribes under this Act, including direct Federal grants 

18 and funding provided to Indian tribes through a 

19 State or unit of local government. 

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

21 controls at Office of Juvenile Justice and Delinquency 

22 Prevention to determine if grantees are following the 

23 requirements of Office of Juvenile Justice and Delin24 quency Prevention grant programs and what reme25 dial action Office of Juvenile Justice and DelinVerDate Aug 31 2005 02:10 Sep 19, 2008 Jkt 069200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6203 E:\BILLS\S3155.RS S3155

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1 quency Prevention has taken to recover any grant 

2 funds that are expended in violation of the grant pro3 grams, including instances where supporting docu4 mentation was not provided for cost reports, where 

5 unauthorized expenditures occurred, and where 

6 subreceipients of grant funds were not compliant with 

7 program requirements. 

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

9 amount of payments made to grantees that were re10 couped by the Office of Juvenile Justice and Delin11 quency Prevention from grantees that were found to 

12 be in violation of policies and procedures of the Office 

13 of Juvenile Justice and Delinquency Prevention grant 

14 programs. This analysis shall include the full name 

15 and location of the grantee, the violation of the pro16 gram found, the amount of funds sought to be re17 couped by the Office of Juvenile Justice and Delin18 quency Prevention, and the actual amount recouped 

19 by the Office of Juvenile Justice and Delinquency 

20 Prevention.’’. 

21 SEC. 204. ALLOCATION OF FUNDS. 

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

23 Juvenile Justice and Delinquency Prevention Act of 1974 

24 (42 U.S.C. 5631(b)(1)) is amended by striking ‘‘2 percent’’ 

25 and inserting ‘‘5 percent’’. 


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1 (b) OTHER ALLOCATIONS.—Section 222 of the Juve2 nile Justice and Delinquency Prevention Act of 1974 (42 

3 U.S.C. 5632) is amended— 

4 (1) in subsection (a)(1), by striking ‘‘age eight5 een.’’ and inserting ‘‘18 years of age, based on the 

6 most recent census data to monitor any significant 

7 changes in the relative population of people under 18 

8 years of age occurring in the States.’’; 

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

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

11 (3) by inserting after subsection (b) the fol12 lowing: 

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

14 is withheld from a State due to noncompliance with the 

15 core requirements, the funds shall be reallocated for an im16 provement grant designed to assist the State in achieving 

17 compliance with the core requirements. 

18 ‘‘(2) The Administrator shall condition a grant de19 scribed in paragraph (1) on— 

20 ‘‘(A) the State, with the approval of the Admin21 istrator, developing specific action steps designed to 

22 restore compliance with the core requirements; and 

23 ‘‘(B) submitting to the Administrator semiannu24 ally a report on progress toward implementing the 


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1 specific action steps developed under subparagraph 

2 (A). 

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

4 effective technical assistance directly or through an agree5 ment with a contractor to assist a State receiving a grant 

6 described in paragraph (1) in achieving compliance with 

7 the core requirements.’’; 

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

9 striking ‘‘efficient administration, including moni10 toring, evaluation, and one full-time staff position’’ 

11 and inserting ‘‘effective and efficient administration, 

12 including the designation of at least 1 person to co13 ordinate efforts to achieve and sustain compliance 

14 with the core requirements’’; and 

15 (5) in subsection (e), as so redesignated, by strik16 ing ‘‘5 per centum of the minimum’’ and inserting 

17 ‘‘not more than 5 percent of the’’. 

18 SEC. 205. STATE PLANS. 

19 Section 223 of the Juvenile Justice and Delinquency 

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

21 (1) in subsection (a)— 

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

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

24 date on which a plan or amended plan sub25 mitted under this subsection is finalized, a State 


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1 shall make the plan or amended plan publicly 

2 available by posting the plan or amended plan 

3 on a publicly available website.’’ after ‘‘compli4 ance with State plan requirements.’’; 

5 (B) in paragraph (3)— 

6 (i) in subparagraph (A)(ii)— 

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

8 ‘‘counsel for children and youth’’ and 

9 inserting ‘‘publicly supported court-ap10 pointed legal counsel for children and 

11 youth charged in delinquency matters’’; 

12 (II) in subclause (III), by striking 

13 ‘‘mental health, education, special edu14 cation’’ and inserting ‘‘children’s men15 tal health, education, child and adoles16 cent substance abuse, special education, 

17 services for youth with disabilities’’; 

18 (III) in subclause (V), by striking 

19 ‘‘delinquents or potential delinquents’’ 

20 and inserting ‘‘delinquent youth or 

21 youth at risk of delinquency, including 

22 volunteers who work with youth of 

23 color’’; 

24 (IV) in subclause (VII), by strik25 ing ‘‘and’’ at the end; 


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1 (V) by redesignating subclause 

2 (VIII) as subclause (XI); 

3 (VI) by inserting after subclause 

4 (VII) the following: 

5 ‘‘(VIII) the executive director or 

6 the designee of the executive director of 

7 a public or nonprofit entity that is lo8 cated in the State and receiving a 

9 grant under part A of title III; 

10 ‘‘(IX) persons with expertise and 

11 competence in preventing and address12 ing mental health or substance abuse 

13 problems in juvenile delinquents and 

14 those at-risk of delinquency; 

15 ‘‘(X) representatives of victim or 

16 witness advocacy groups; and’’; and 

17 (VII) in subclause (XI), as so re18 designated, by striking ‘‘disabilities’’ 

19 and inserting ‘‘and other disabilities, 

20 truancy reduction or school failure’’; 

21 (ii) in subparagraph (D)(ii), by strik22 ing ‘‘requirements of paragraphs (11), (12), 

23 and (13)’’ and inserting ‘‘core require24 ments’’; and 


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1 (iii) in subparagraph (E)(i), by add2 ing ‘‘and’’ at the end; 

3 (C) in paragraph (5)— 

4 (i) in the matter preceding subpara5 graph (A), by striking ‘‘section 222(d)’’ and 

6 inserting ‘‘section 222(e)’’; and 

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

8 ‘‘Indian tribes’’ and all that follows through 

9 ‘‘applicable to the detention and confine10 ment of juveniles’’ and inserting ‘‘Indian 

11 tribes that agree to attempt to comply with 

12 the core requirements applicable to the de13 tention and confinement of juveniles’’; 

14 (D) in paragraph (7)(B)— 

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

16 the following: 

17 ‘‘(i) a plan for ensuring that the chief exec18 utive officer of the State, State legislature, and 

19 all appropriate public agencies in the State with 

20 responsibility for provision of services to chil21 dren, youth and families are informed of the re22 quirements of the State plan and compliance 

23 with the core requirements;’’; 

24 (ii) in clause (iii), by striking ‘‘and’’ 

25 at the end; and 


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

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

5 community-based services that are culturally and 

6 linguistically competent or treatment for those 

7 youth in need of mental health, substance abuse, 

8 or co-occurring disorder services at the time such 

9 juveniles first come into contact with the juvenile 

10 justice system; 

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

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

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

16 the design and delivery of juvenile delinquency 

17 prevention and treatment services, particularly 

18 post-placement; and 

19 ‘‘(vii) a plan to use community-based serv20 ices to address the needs of at-risk youth or 

21 youth who have come into contact with the juve22 nile justice system;’’; 

23 (E) in paragraph (8), by striking ‘‘exist24 ing’’ and inserting ‘‘evidence based and prom25 ising’’; 


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1 (F) in paragraph (9)— 

2 (i) in the matter preceding subpara3 graph (A), by striking ‘‘section 222(d)’’ and 

4 inserting ‘‘section 222(e)’’; 

5 (ii) in subparagraph (A)(i), by insert6 ing ‘‘status offenders and other’’ before 

7 ‘‘youth who need’’; 

8 (iii) in subparagraph (B)(i)— 

9 (I) by striking ‘‘parents and other 

10 family members’’ and inserting ‘‘status 

11 offenders, other youth, and the parents 

12 and other family members of such of13 fenders and youth’’; and 

14 (II) by striking ‘‘be retained’’ and 

15 inserting ‘‘remain’’; 

16 (iv) by redesignating subparagraphs 

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

18 through (V), respectively; 

19 (v) by redesignating subparagraphs 

20 (E) and (F) as subparagraphs (F) and (G), 

21 respectively; 

22 (vi) by inserting after subparagraph 

23 (D) the following: 

24 ‘‘(E) providing training and technical as25 sistance to, and consultation with, juvenile jusVerDate Aug 31 2005 02:10 Sep 19, 2008 Jkt 069200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6203 E:\BILLS\S3155.RS S3155

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1 tice and child welfare agencies of States and 

2 units of local government to develop coordinated 

3 plans for early intervention and treatment of 

4 youth who have a history of abuse and juveniles 

5 who have prior involvement with the juvenile 

6 justice system;’’; 

7 (vii) in subparagraph (G), as so redes8 ignated, by striking ‘‘expanding’’ and in9 serting ‘‘programs to expand’’; 

10 (viii) by inserting after subparagraph 

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

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

13 selection, training, and retention of professional 

14 personnel in the fields of medicine, law enforce15 ment, judiciary, juvenile justice, social work and 

16 child protection, education, and other relevant 

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

18 the field of prevention, identification, and treat19 ment of delinquency; 

20 ‘‘(I) expanding access to publicly supported, 

21 court-appointed legal counsel and enhancing ca22 pacity for the competent representation of every 

23 child;’’; 

24 (ix) in subparagraph (O), as so redes25 ignated— 


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1 (I) in clause (i), by striking ‘‘re2 straints’’ and inserting ‘‘alternatives’’; 

3 and 

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

5 the provision’’; and 

6 (x) in subparagraph (V), as so redesig7 nated, by striking the period at the end and 

8 inserting a semicolon; 

9 (G) in paragraph (11)— 

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

11 ‘‘and’’ at the end; 

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

13 ‘‘and’’ at the end; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(C) encourage the use of community-based 

17 alternatives to secure detention, including pro18 grams of public and nonprofit entities receiving 

19 a grant under part A of title III;’’; 

20 (H) by striking paragraph (22); 

21 (I) by redesignating paragraphs (23) 

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

23 respectively; 


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1 (J) by redesignating paragraphs (14) 

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

3 respectively; 

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

5 following: 

6 ‘‘(14) require that— 

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

8 of enactment of the Juvenile Justice and Delin9 quency Prevention Reauthorization Act of 2008, 

10 unless a court finds, after a hearing and in writ11 ing, that it is in the interest of justice, juveniles 

12 awaiting trial or other legal process who are 

13 treated as adults for purposes of prosecution in 

14 criminal court and housed in a secure facility— 

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

16 inmates; and 

17 ‘‘(ii) except as provided in paragraph 

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

19 for adults; 

20 ‘‘(B) in determining under subparagraph 

21 (A) whether it is in the interest of justice to per22 mit a juvenile to be held in any jail or lockup 

23 for adults, or have contact with adult inmates, 

24 a court shall consider— 

25 ‘‘(i) the age of the juvenile; 


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1 ‘‘(ii) the physical and mental maturity 

2 of the juvenile; 

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

4 juvenile, including whether the juvenile pre5 sents an imminent risk of harm to the juve6 nile; 

7 ‘‘(iv) the nature and circumstances of 

8 the alleged offense; 

9 ‘‘(v) the juvenile’s history of prior de10 linquent acts; 

11 ‘‘(vi) the relative ability of the avail12 able adult and juvenile detention facilities 

13 to meet the specific needs of the juvenile and 

14 to protect the public; 

15 ‘‘(vii) whether placement in a juvenile 

16 facility will better serve the long-term inter17 ests of the juvenile and be more likely to 

18 prevent recidivism; 

19 ‘‘(viii) the availability of programs de20 signed to treat the juvenile’s behavioral 

21 problems; and 

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

23 ‘‘(C) if a court determines under subpara24 graph (A) that it is in the interest of justice to 


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1 permit a juvenile to be held in any jail or lockup 

2 for adults, or have contact with adult inmates— 

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

4 less frequently than once every 30 days to 

5 review whether it is still in the interest of 

6 justice to permit the juvenile to be so held 

7 or have such contact; and 

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

9 any jail or lockup for adults, or permitted 

10 to have contact with adult inmates, for 

11 more than 180 days, unless the court, in 

12 writing, determines there is good cause for 

13 an extension or the juvenile expressly 

14 waives this limitation; 

15 ‘‘(15) implement policy, practice, and system 

16 improvement strategies at the State, territorial, local, 

17 and tribal levels, as applicable, to identify and reduce 

18 racial and ethnic disparities among youth who come 

19 into contact with the juvenile justice system, without 

20 establishing or requiring numerical standards or 

21 quotas, by— 

22 ‘‘(A) establishing coordinating bodies, com23 posed of juvenile justice stakeholders at the State, 

24 local, or tribal levels, to oversee and monitor ef25 forts by States, units of local government, and 


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1 Indian tribes to reduce racial and ethnic dis2 parities; 

3 ‘‘(B) identifying and analyzing key decision 

4 points in State, local, or tribal juvenile justice 

5 systems to determine which points create racial 

6 and ethnic disparities among youth who come 

7 into contact with the juvenile justice system; 

8 ‘‘(C) developing and implementing data col9 lection and analysis systems to identify where 

10 racial and ethnic disparities exist in the juvenile 

11 justice system and to track and analyze such dis12 parities; 

13 ‘‘(D) developing and implementing a work 

14 plan that includes measurable objectives for pol15 icy, practice, or other system changes, based on 

16 the needs identified in the data collection and 

17 analysis under subparagraphs (B) and (C); and 

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

19 basis, the efforts made in accordance with sub20 paragraphs (B), (C), and (D);’’ 

21 (L) in paragraph (16), as so redesignated— 

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

23 inserting ‘‘effective system’’; 

24 (ii) by striking ‘‘requirements of para25 graph (11),’’ and all that follows through 


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1 ‘‘monitoring to the Administrator’’ and in2 serting ‘‘the core requirements are met, and 

3 for annual reporting to the Administrator 

4 of such plan, including the results of such 

5 monitoring and all related enforcement and 

6 educational activities’’; and 

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

8 the Administrator,’’; 

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

10 by inserting ‘‘ethnicity,’’ after ‘‘race,’’; 

11 (N) in paragraph (24), as so redesignated— 

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

13 ‘‘and’’ at the end; 

14 (ii) in subparagraph (C)— 

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

16 ‘‘and’’ at the end; 

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

18 ‘‘and’’ at the end; and 

19 (III) by adding at the end the fol20 lowing: 

21 ‘‘(iii) if such court determines the juve22 nile should be placed in a secure detention 

23 facility or correctional facility for violating 

24 such order— 


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1 ‘‘(I) the court shall issue a written 

2 order that— 

3 ‘‘(aa) identifies the valid 

4 court order that has been violated; 

5 ‘‘(bb) specifies the factual 

6 basis for determining that there is 

7 reasonable cause to believe that 

8 the juvenile has violated such 

9 order; 

10 ‘‘(cc) includes findings of fact 

11 to support a determination that 

12 there is no appropriate less re13 strictive alternative available to 

14 placing the juvenile in such a fa15 cility, with due consideration to 

16 the best interest of the juvenile; 

17 ‘‘(dd) specifies the length of 

18 time, not to exceed 7 days, that 

19 the juvenile may remain in a se20 cure detention facility or correc21 tional facility, and includes a 

22 plan for the juvenile’s release from 

23 such facility; and 

24 ‘‘(ee) may not be renewed or 

25 extended; and 


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1 ‘‘(II) the court may not issue a 

2 second or subsequent order described in 

3 subclause (I) relating to a juvenile, un4 less the juvenile violates a valid court 

5 order after the date on which the court 

6 issues an order described in subclause 

7 (I);’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(D) there are procedures in place to ensure 

11 that any juvenile held in a secure detention facil12 ity or correctional facility pursuant to a court 

13 order described in this paragraph does not re14 main in custody longer than 7 days or the length 

15 of time authorized by the court, which ever is 

16 shorter; and 

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

18 of enactment of the Juvenile Justice and Delin19 quency Prevention Reauthorization Act of 2008 

20 with a 1 year extension for each additional year 

21 that the State can demonstrate hardship as de22 termined by the Administrator, the State will 

23 eliminate the use of valid court orders to provide 

24 secure lockup of status offenders;’’; 


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

2 by striking ‘‘section 222(d)’’ and inserting ‘‘sec3 tion 222(e)’’; 

4 (P) in paragraph (27), as so redesignated— 

5 (i) by inserting ‘‘and in accordance 

6 with confidentiality concerns,’’ after ‘‘max7 imum extent practicable,’’; and 

8 (ii) by striking the semicolon at the 

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

10 provide for— 

11 ‘‘(A) a compilation of data reflecting infor12 mation on juveniles entering the juvenile justice 

13 system with a prior reported history as victims 

14 of child abuse or neglect through arrest, court in15 take, probation and parole, juvenile detention, 

16 and corrections; and 

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

18 subparagraph (A) to provide necessary services 

19 for the treatment of victims of child abuse and 

20 neglect who have entered, or are at risk of enter21 ing, the juvenile justice system;’’; 

22 (Q) in paragraph (28), as so redesignated— 

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

24 inserting ‘‘establish protocols, policies, pro25 cedures,’’; and 


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

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

3 by striking the period at the end and inserting 

4 a semicolon; and 

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

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

7 provided under this Act with other Federal and State 

8 funds directed at juvenile delinquency prevention and 

9 intervention programs; 

10 ‘‘(31) develop policies and procedures, and pro11 vide training for facility staff to eliminate the use of 

12 dangerous practices, unreasonable restraints, and un13 reasonable isolation, including by developing effective 

14 behavior management techniques; 

15 ‘‘(32) describe— 

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

17 health and substance abuse screening, assessment, 

18 referral, and treatment for juveniles in the juve19 nile justice system includes efforts to implement 

20 an evidence-based mental health and substance 

21 abuse disorder screening and assessment pro22 gram for all juveniles held in a secure facility for 

23 a period of more than 24 hours that provides for 

24 1 or more initial screenings and, if an initial 


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1 screening of a juvenile demonstrates a need, fur2 ther assessment; and 

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

4 provide or arrange for mental health and sub5 stance abuse disorder treatment for juveniles de6 termined to be in need of such treatment; 

7 ‘‘(33) provide procedural safeguards to adju8 dicated juveniles, including— 

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

10 based on an assessment of the needs of the juve11 nile and developed and updated in consultation 

12 with the juvenile, the family of the juvenile, and, 

13 if appropriate, counsel for the juvenile, that— 

14 ‘‘(i) describes the pre-release and post15 release programs and reentry services that 

16 will be provided to the juvenile; 

17 ‘‘(ii) describes the living arrangement 

18 to which the juvenile is to be discharged; 

19 and 

20 ‘‘(iii) establishes a plan for the enroll21 ment of the juvenile in post-release health 

22 care, behavioral health care, educational, 

23 vocational, training, family support, public 

24 assistance, and legal services programs, as 

25 appropriate; 


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

2 ‘‘(i) shall take place in a family or ju3 venile court or another court (including a 

4 tribal court) of competent jurisdiction, or by 

5 an administrative body appointed or ap6 proved by the court, not earlier than 30 

7 days before the date on which the juvenile is 

8 scheduled to be released, and at which the 

9 juvenile would be represented by counsel; 

10 and 

11 ‘‘(ii) shall determine the discharge 

12 plan for the juvenile, including a deter13 mination of whether a safe, appropriate, 

14 and permanent living arrangement has been 

15 secured for the juvenile and whether enroll16 ment in health care, behavioral health care, 

17 educational, vocational, training, family 

18 support, public assistance and legal services, 

19 as appropriate, has been arranged for the 

20 juvenile; and 

21 ‘‘(C) policies to ensure that discharge plan22 ning and procedures— 

23 ‘‘(i) are accomplished in a timely fash24 ion prior to the release from custody of each 

25 adjudicated juvenile; and 


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1 ‘‘(ii) do not delay the release from cus2 tody of the juvenile; and 

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

4 State of funds for reentry and aftercare services for 

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

6 (2) in subsection (c)— 

7 (A) in the matter preceding paragraph 

8 (1)— 

9 (i) by striking ‘‘applicable require10 ments of paragraphs (11), (12), (13), and 

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

12 requirements’’; and 

13 (ii) by striking ‘‘2001, then’’ and in14 serting ‘‘2008’’; 

15 (B) in paragraph (1)— 

16 (i) by striking ‘‘the subsequent fiscal 

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

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

19 inserting a semicolon; 

20 (C) in paragraph (2)(B)(ii)— 

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

22 after ‘‘appropriate executive’’; and 

23 (ii) by striking the period at the end 

24 and inserting ‘‘, as specified in section 

25 222(c); and’’; and 


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

2 ‘‘(3) the State shall submit to the Administrator 

3 a report detailing the reasons for noncompliance with 

4 the core requirements, including the plan of the State 

5 to regain full compliance, and the State shall make 

6 publicly available such report, not later than 30 days 

7 after the date on which the Administrator approves 

8 the report, by posting the report on a publicly avail9 able website.’’; 

10 (3) in subsection (d)— 

11 (A) by striking ‘‘section 222(d)’’ and insert12 ing ‘‘section 222(e)’’; 

13 (B) by striking ‘‘described in paragraphs 

14 (11), (12), (13), and (22) of subsection (a)’’ and 

15 inserting ‘‘described in the core requirements’’; 

16 and 

17 (C) by striking ‘‘the requirements under 

18 paragraphs (11), (12), (13), and (22) of sub19 section (a)’’ and inserting ‘‘the core require20 ments’’; and 

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

22 following: 

23 ‘‘(f) COMPLIANCE DETERMINATION.— 

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

25 the date of receipt of information indicating that a 


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1 State may be out of compliance with any of the core 

2 requirements, the Administrator shall determine 

3 whether the State is in compliance with the core re4 quirements. 

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

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

7 ‘‘(i) describing any determination de8 scribed in paragraph (1) made during the 

9 previous year, including a summary of the 

10 information on which the determination is 

11 based and the actions to be taken by the Ad12 ministrator (including a description of any 

13 reduction imposed under subsection (c)); 

14 and 

15 ‘‘(ii) for any such determination that a 

16 State is out of compliance with any of the 

17 core requirements, describing the basis for 

18 the determination; and 

19 ‘‘(B) make the report described in subpara20 graph (A) available on a publicly available 

21 website. 

22 ‘‘(g) TECHNICAL ASSISTANCE.— 

23 ‘‘(1) ORGANIZATION OF STATE ADVISORY GROUP

24 MEMBER REPRESENTATIVES.—The Administrator 

25 shall provide technical and financial assistance to an 


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1 agency, institution, or organization to assist in car2 rying out the activities described in paragraph (3). 

3 The functions and activities of an agency, institution, 

4 or organization under this subsection shall not be sub5 ject to the Federal Advisory Committee Act. 

6 ‘‘(2) COMPOSITION.—To be eligible to receive as7 sistance under this subsection, an agency, institution, 

8 or organization shall— 

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

10 ‘‘(i) have been appointed by a chief ex11 ecutive of a State to serve as a member of 

12 a State advisory group established under 

13 subsection (a)(3); and 

14 ‘‘(ii) are elected to serve as a governing 

15 officer of such an agency, institution, or or16 ganization by a majority of the member 

17 Chairs (or the designees of the member 

18 Chairs) of all State advisory groups estab19 lished under subsection (a)(3); 

20 ‘‘(B) include member representatives— 

21 ‘‘(i) from a majority of the State advi22 sory groups established under subsection 

23 (a)(3); and 


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1 ‘‘(ii) who are representative of region2 ally and demographically diverse State ju3 risdictions; and 

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

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

6 State advisory group established under sub7 section (a)(3) to implement the advisory func8 tions specified in subparagraphs (D) and (E) of 

9 paragraph (3) of this subsection. 

10 ‘‘(3) ACTIVITIES.—To be eligible to receive assist11 ance under this subsection, an agency, institution, or 

12 organization shall agree to— 

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

14 member representatives of the State advisory 

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

16 purposes relating to the activities of such State 

17 advisory groups; 

18 ‘‘(B) disseminate information, data, stand19 ards, advanced techniques, and program models; 

20 ‘‘(C) review Federal policies regarding juve21 nile justice and delinquency prevention; 

22 ‘‘(D) advise the Administrator regarding 

23 particular functions or aspects of the work of the 

24 Office; and 


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1 ‘‘(E) advise the President and Congress re2 garding State perspectives on the operation of 

3 the Office and Federal legislation relating to ju4 venile justice and delinquency prevention.’’. 

5 SEC. 206. AUTHORITY TO MAKE GRANTS. 

6 Section 241(a) of the Juvenile Justice and Delin7 quency Prevention Act of 1974 (42 U.S.C. 5651(a)) is 

8 amended— 

9 (1) in paragraph (1), by inserting ‘‘status of10 fenders,’’ before ‘‘juvenile offenders, and juveniles’’; 

11 (2) in paragraph (5), by striking ‘‘juvenile of12 fenders and juveniles’’ and inserting ‘‘status offenders, 

13 juvenile offenders, and juveniles’’; 

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

15 juveniles with disabilities’’ before the semicolon; 

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

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

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

19 end; 

20 (6) by redesignating paragraph (25) as para21 graph (26); and 

22 (7) by inserting after paragraph (24) the fol23 lowing: 

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

25 partnerships between a State and a university, instiVerDate Aug 31 2005 02:10 Sep 19, 2008 Jkt 069200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6203 E:\BILLS\S3155.RS S3155

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1 tution of higher education, or research center designed 

2 to improve the recruitment, selection, training, and 

3 retention of professional personnel in the fields of 

4 medicine, law enforcement, judiciary, juvenile justice, 

5 social work and child protection, education, and other 

6 relevant fields who are engaged in, or intend to work 

7 in, the field of prevention, identification, and treat8 ment of delinquency; and’’. 

9 SEC. 207. GRANTS TO INDIAN TRIBES. 

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

11 Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 

12 5656(a)(2)) is amended— 

13 (1) by striking subparagraph (A); 

14 (2) by redesignating subparagraphs (B) through 

15 (E) as subparagraphs (A) through (D), respectively; 

16 and 

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

18 by striking ‘‘subparagraph (B)’’ and inserting ‘‘sub19 paragraph (A)’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.—Sec21 tion 223(a)(7)(A) of the Juvenile Justice and Delinquency 

22 Prevention Act of 1974 (42 U.S.C. 5633(a)(7)(A)) is 

23 amended by striking ‘‘(including any geographical area in 

24 which an Indian tribe performs law enforcement funcVerDate Aug 31 2005 02:10 Sep 19, 2008 Jkt 069200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6203 E:\BILLS\S3155.RS S3155

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1 tions)’’ and inserting ‘‘(including any geographical area of 

2 which an Indian tribe has jurisdiction)’’. 

3 SEC. 208. RESEARCH AND EVALUATION; STATISTICAL ANAL4 YSES; INFORMATION DISSEMINATION. 

5 (a) IN GENERAL.—Section 251 of the Juvenile Justice 

6 and Delinquency Prevention Act of 1974 (42 U.S.C. 5661) 

7 is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1)— 

10 (i) in the matter proceeding subpara11 graph (A), by striking ‘‘may’’ and inserting 

12 ‘‘shall’’; 

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

14 ‘‘plan and identify’’ and inserting ‘‘annu15 ally provide a written and publicly avail16 able plan to identify’’; and 

17 (iii) in subparagraph (B)— 

18 (I) by amending clause (iii) to 

19 read as follows: 

20 ‘‘(iii) successful efforts to prevent status of21 fenders and first-time minor offenders from sub22 sequent involvement with the criminal justice 

23 system;’’; 

24 (II) by amending clause (vii) to 

25 read as follows: 


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1 ‘‘(vii) the prevalence and duration of behav2 ioral health needs (including mental health, sub3 stance abuse, and co-occurring disorders) among 

4 juveniles pre-placement and post-placement when 

5 held in the custody of secure detention and cor6 rections facilities, including an examination of 

7 the effects of confinement;’’; 

8 (III) by redesignating clauses (ix), 

9 (x), and (xi) as clauses (xi), (xii), and 

10 (xiii), respectively; and 

11 (IV) by inserting after clause 

12 (viii) the following: 

13 ‘‘(ix) training efforts and reforms that have 

14 produced reductions in or elimination of the use 

15 of dangerous practices; 

16 ‘‘(x) methods to improve the recruitment, se17 lection, training, and retention of professional 

18 personnel in the fields of medicine, law enforce19 ment, judiciary, juvenile justice, social work and 

20 child protection, education, and other relevant 

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

22 the field of prevention, identification, and treat23 ment of delinquency;’’; and 

24 (B) in paragraph (4)— 


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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘and not later than 

3 1 year after the date of enactment of the Ju4 venile Justice and Delinquency Prevention 

5 Reauthorization Act of 2008’’ after ‘‘date of 

6 enactment of this paragraph’’; 

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

8 ‘‘and’’ at the end; 

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

10 the period at the end and inserting a semi11 colon; and 

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

13 ‘‘(H) a description of the best practices in dis14 charge planning; and 

15 ‘‘(I) an assessment of living arrangements for ju16 veniles who cannot return to the homes of the juve17 niles.’’; 

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

19 paragraph (a), by striking ‘‘may’’ and inserting 

20 ‘‘shall’’; and 

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

22 ‘‘(f) NATIONAL RECIDIVISM MEASURE.—The Adminis23 trator, in consultation with experts in the field of juvenile 

24 justice research, recidivism, and date collection, shall— 


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1 ‘‘(1) establish a uniform method of data collec2 tion and technology that States shall use to evaluate 

3 data on juvenile recidivism on an annual basis; 

4 ‘‘(2) establish a common national juvenile recidi5 vism measurement system; and 

6 ‘‘(3) make cumulative juvenile recidivism data 

7 that is collected from States available to the public.’’. 

8 (b) STUDIES.— 

9 (1) ASSESSMENT OF TREATING JUVENILES AS

10 ADULTS.—The Administrator shall— 

11 (A) not later than 3 years after the date of 

12 enactment of this Act, assess the effectiveness of 

13 the practice of treating juveniles as adults for 

14 purposes of prosecution in criminal court; and 

15 (B) not later than 42 months after the date 

16 of enactment of this Act, submit to Congress and 

17 the President, and make publicly available, a re18 port on the findings and conclusions of the as19 sessment under subparagraph (A) and any rec20 ommended changes in law identified as a result 

21 of the assessment under subparagraph (A). 

22 (2) OUTCOME STUDY OF FORMER JUVENILE OF23 FENDERS.—The Administrator shall conduct a study 

24 of adjudicated juveniles and publish a report on the 

25 outcomes for juveniles who have reintegrated into the 


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1 community, which shall include information on the 

2 outcomes relating to family reunification, housing, 

3 education, employment, health care, behavioral health 

4 care, and repeat offending. 

5 (3) DEFINITION OF ADMINISTRATOR.—In this 

6 subsection, the term ‘‘Administrator’’ means the head 

7 of the Office of Juvenile Justice and Delinquency Pre8 vention. 

9 SEC. 209. TRAINING AND TECHNICAL ASSISTANCE. 

10 Section 252 of the Juvenile Justice and Delinquency 

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

12 (1) in subsection (a)— 

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

14 by striking ‘‘may’’; 

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

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

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

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

19 (2) in subsection (b)— 

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

21 by striking ‘‘may’’; 

22 (B) in paragraph (1)— 

23 (i) by inserting ‘‘shall’’ before ‘‘develop 

24 and implement projects’’; and 

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


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1 (C) in paragraph (2)— 

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

3 grants to and contracts with’’; and 

4 (ii) by striking the period at the end 

5 and inserting a semicolon; and 

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

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

8 and units of local government on achieving compli9 ance with the amendments made by the Juvenile Jus10 tice and Delinquency Prevention Reauthorization Act 

11 of 2008; and 

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

13 in support of efforts to establish partnerships between 

14 the State and a university, institution of higher edu15 cation, or research center designed to improve the re16 cruitment, selection, training, and retention of profes17 sional personnel in the fields of medicine, law enforce18 ment, judiciary, juvenile justice, social work and 

19 child protection, education, and other relevant fields 

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

21 of prevention, identification, and treatment of delin22 quency.’’; and 

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

24 ‘‘(d) TECHNICAL ASSISTANCE TO STATES REGARDING

25 LEGAL REPRESENTATION OF CHILDREN.—The AdminisVerDate Aug 31 2005 02:10 Sep 19, 2008 Jkt 069200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6203 E:\BILLS\S3155.RS S3155

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1 trator shall develop and issue standards of practice for at2 torneys representing children, and ensure that the stand3 ards are adapted for use in States. 

4 ‘‘(e) TRAINING AND TECHNICAL ASSISTANCE FOR

5 LOCAL AND STATE JUVENILE DETENTION AND CORREC6 TIONS PERSONNEL.—The Administrator shall coordinate 

7 training and technical assistance programs with juvenile 

8 detention and corrections personnel of States and units of 

9 local government to— 

10 ‘‘(1) promote methods for improving conditions 

11 of juvenile confinement, including those that are de12 signed to minimize the use of dangerous practices, un13 reasonable restraints, and isolation; and 

14 ‘‘(2) encourage alternative behavior management 

15 techniques. 

16 ‘‘(f) TRAINING AND TECHNICAL ASSISTANCE TO SUP17 PORT MENTAL HEALTH OR SUBSTANCE ABUSE TREAT18 MENT INCLUDING HOME-BASED OR COMMUNITY-BASED

19 CARE.—The Administrator shall provide training and tech20 nical assistance, in conjunction with the appropriate public 

21 agencies, to individuals involved in making decisions re22 garding the disposition of cases for youth who enter the ju23 venile justice system, including— 

24 ‘‘(1) juvenile justice intake personnel; 

25 ‘‘(2) probation officers; 


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1 ‘‘(3) juvenile court judges and court services per2 sonnel; 

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

4 and 

5 ‘‘(5) family members of juveniles and family ad6 vocates.’’. 

7 SEC. 210. INCENTIVE GRANTS FOR STATE AND LOCAL PRO8 GRAMS. 

9 Title II of the Juvenile Justice and Delinquency Pre10 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended— 

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

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

13 ‘‘PART F—INCENTIVE GRANTS FOR STATE AND 

14 LOCAL PROGRAMS 

15 ‘‘SEC. 271. INCENTIVE GRANTS. 

16 ‘‘(a) INCENTIVE GRANT FUNDS.—The Administrator 

17 may make incentive grants to a State, unit of local govern18 ment, or combination of States and local governments to 

19 assist a State, unit of local government, or combination 

20 thereof in carrying out an activity identified in subsection 

21 (b)(1). 

22 ‘‘(b) USE OF FUNDS.— 

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

24 the Administrator under this section may be used 

25 to— 


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1 ‘‘(A) increase the use of evidence based or 

2 promising prevention and intervention pro3 grams; 

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

5 training, and retention of professional personnel 

6 (including in the fields of medicine, law enforce7 ment, judiciary, juvenile justice, social work, and 

8 child prevention) who are engaged in, or intend 

9 to work in, the field of prevention, intervention, 

10 and treatment of juveniles to reduce delinquency; 

11 ‘‘(C) establish a partnership between juve12 nile justice agencies of a State or unit of local 

13 government and mental health authorities of 

14 State or unit of local government to establish 

15 and implement programs to ensure there are 

16 adequate mental health and substance abuse 

17 screening, assessment, referral, treatment, and 

18 after-care services for juveniles who come into 

19 contact with the justice system by— 

20 ‘‘(i) carrying out programs that divert 

21 from incarceration juveniles who come into 

22 contact with the justice system (including 

23 facilities contracted for operation by State 

24 or local juvenile authorities) and have men25 tal health or substance abuse problems— 


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1 ‘‘(I) when such juveniles are at 

2 imminent risk of being taken into cus3 tody; 

4 ‘‘(II) at the time such juveniles 

5 are initially taken into custody; 

6 ‘‘(III) after such juveniles are 

7 charged with an offense or act of juve8 nile delinquency; 

9 ‘‘(IV) after such juveniles are ad10 judicated delinquent and before case 

11 disposition; and 

12 ‘‘(V) after such juveniles are re13 leased from a juvenile facility for the 

14 purpose of attending after-care pro15 grams; or 

16 ‘‘(ii) improving treatment of juveniles 

17 with mental illness by working to ensure— 

18 ‘‘(I) that— 

19 ‘‘(aa) initial mental health 

20 screening is— 

21 ‘‘(AA) completed for a 

22 juvenile immediately upon 

23 entering the juvenile justice 

24 system or a juvenile facility; 

25 and 


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1 ‘‘(BB) conducted by 

2 qualified health and mental 

3 health professionals or by 

4 staff who have been trained 

5 by qualified health, mental 

6 health, and substance abuse 

7 professionals; and 

8 ‘‘(bb) in the case of screening 

9 by staff, the screening results are 

10 reviewed by qualified health and 

11 mental health professionals not 

12 later than 24 hours after the 

13 screening; 

14 ‘‘(II) that a juvenile who suffers 

15 from an acute mental disorder, is sui16 cidal, or is in need of detoxification 

17 is— 

18 ‘‘(aa) placed in or imme19 diately transferred to an appro20 priate medical or mental health 

21 facility; and 

22 ‘‘(bb) only admitted to a se23 cure correctional facility with 

24 written medical clearance; 

25 ‘‘(III) that— 


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1 ‘‘(aa) a juvenile entering the 

2 juvenile justice system has a com3 prehensive assessment conducted 

4 and an individualized treatment 

5 plan written and implemented— 

6 ‘‘(AA) not later than 2 

7 weeks after the date on which 

8 the juvenile enters the juve9 nile justice system; or 

10 ‘‘(BB) if a juvenile is 

11 entering a secure facility, not 

12 later than 1 week after the 

13 date on which the juvenile 

14 enters the juvenile justice sys15 tem; and 

16 ‘‘(bb) the assessments de17 scribed in item (aa) are completed 

18 by qualified health, mental health, 

19 and substance abuse professionals; 

20 ‘‘(IV) that— 

21 ‘‘(aa) if the need for treat22 ment is indicated by the assess23 ment of a juvenile, the juvenile is 

24 referred to or treated by a quali25 fied professional; 


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1 ‘‘(bb) a juvenile who is re2 ceiving treatment for a mental or 

3 emotional disorder on the date of 

4 the assessment continues to receive 

5 treatment; 

6 ‘‘(cc) treatment of a juvenile 

7 continues until an additional 

8 mental health assessment deter9 mines that the juvenile is no 

10 longer in need of treatment; and 

11 ‘‘(dd) treatment plans for ju12 veniles are reevaluated at least 

13 every 30 days; 

14 ‘‘(V) that— 

15 ‘‘(aa) discharge plans are 

16 prepared for an incarcerated juve17 nile when the juvenile enters the 

18 correctional facility in order to 

19 integrate the juvenile back into 

20 the family and the community; 

21 ‘‘(bb) discharge plans for an 

22 incarcerated juvenile are updated, 

23 in consultation with the family or 

24 guardian of a juvenile, before the 

25 juvenile leaves the facility; and 


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1 ‘‘(cc) discharge plans address 

2 the provision of aftercare services; 

3 ‘‘(VI) that any juvenile in the ju4 venile justice system receiving psycho5 tropic medications is— 

6 ‘‘(aa) under the care of a li7 censed psychiatrist; and 

8 ‘‘(bb) monitored regularly by 

9 trained staff to evaluate the effi10 cacy and side effects of the psycho11 tropic medications; and 

12 ‘‘(VII) that specialized treatment 

13 and services are continually available 

14 to a juvenile in the juvenile justice sys15 tem who has— 

16 ‘‘(aa) a history of mental 

17 health problems or treatment; 

18 ‘‘(bb) a documented history 

19 of sexual offenses or sexual abuse, 

20 as a victim or perpetrator; 

21 ‘‘(cc) a substance abuse prob22 lem, health problem, learning dis23 ability, or history of family abuse 

24 or violence; or 


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1 ‘‘(dd) developmental disabil2 ities; 

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

4 the public or private agency that provides men5 tal health services, to individuals involved in 

6 making decisions involving youth who enter the 

7 juvenile justice system (including intake per8 sonnel, law enforcement, prosecutors, juvenile 

9 court judges, public defenders, mental health and 

10 substance abuse service providers and adminis11 trators, probation officers, and parents) that fo12 cuses on— 

13 ‘‘(i) the availability of screening and 

14 assessment tools and the effective use of such 

15 tools; 

16 ‘‘(ii) the purpose, benefits, and need to 

17 increase availability of mental health or 

18 substance abuse treatment programs (in19 cluding home-based and community-based 

20 programs) available to juveniles within the 

21 jurisdiction of the recipient; 

22 ‘‘(iii) the availability of public and 

23 private services available to juveniles to pay 

24 for mental health or substance abuse treat25 ment programs; or 


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1 ‘‘(iv) the appropriate use of effective 

2 home-based and community-based alter3 natives to juvenile justice or mental health 

4 system institutional placement; and 

5 ‘‘(E) develop comprehensive collaborative 

6 plans to address the service needs of juveniles 

7 with mental health or substance abuse disorders 

8 who are at risk of coming into contact with the 

9 juvenile justice system that— 

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

11 intensive home-based and community-based 

12 services to juveniles who have been in con13 tact with or who are at risk of coming into 

14 contact with the justice system; 

15 ‘‘(ii) determine how the service needs of 

16 juveniles with mental health or substance 

17 abuse disorders who come into contact with 

18 the juvenile justice system will be furnished 

19 from the initial detention stage until after 

20 discharge in order for these juveniles to 

21 avoid further contact with the justice sys22 tem; 

23 ‘‘(iii) demonstrate that the State or 

24 unit of local government has entered into 

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1 sponsible for providing services under the 

2 plan, such as the agency of the State or unit 

3 of local government charged with admin4 istering juvenile justice programs, the agen5 cy of the State or unit of local government 

6 charged with providing mental health serv7 ices, the agency of the State or unit of local 

8 government charged with providing sub9 stance abuse treatment services, the edu10 cational agency of the State or unit of local 

11 government, the child welfare system of the 

12 State or local government, and private non13 profit community-based organizations; 

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

15 local government has in effect any laws nec16 essary for services to be delivered in accord17 ance with the plan; 

18 ‘‘(v) establish a network of individuals 

19 (or incorporates an existing network) to 

20 provide coordination between mental health 

21 service providers, substance abuse service 

22 providers, probation and parole officers, 

23 judges, corrections personnel, law enforce24 ment personnel, State and local educational 

25 agency personnel, parents and families, and 


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1 other appropriate parties regarding effective 

2 treatment of juveniles with mental health or 

3 substance abuse disorders; 

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

5 among law enforcement personnel, correc6 tions personnel, State and local educational 

7 agency personnel, mental health service pro8 viders, and substance abuse service pro9 viders to enhance collaboration among sys10 tems; 

11 ‘‘(vii) provide for coordinated and ef12 fective aftercare programs for juveniles who 

13 have been diagnosed with a mental health 

14 or substance abuse disorder and who are 

15 discharged from home-based care, commu16 nity-based care, any other treatment pro17 gram, secure detention facilities, secure cor18 rectional facilities, or jail; 

19 ‘‘(viii) provide for the purchase of tech20 nical assistance to support the implementa21 tion of the plan; 

22 ‘‘(ix) estimate the costs of imple23 menting the plan and proposes funding 

24 sources sufficient to meet the non-Federal 


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1 funding requirements for implementation of 

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

3 ‘‘(x) describe the methodology to be 

4 used to identify juveniles at risk of coming 

5 into contact with the juvenile justice system; 

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

7 that all training and services provided 

8 under the plan will be culturally and lin9 guistically competent; and 

10 ‘‘(xii) describe the outcome measures 

11 and benchmarks that will be used to evalu12 ate the progress and effectiveness of the 

13 plan. 

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

15 State or unit of local government receiving a grant 

16 under this section shall ensure that— 

17 ‘‘(A) the use of the grant under this section 

18 is developed as part of the State plan required 

19 under section 223(a); and 

20 ‘‘(B) not more than 5 percent of the amount 

21 received under this section is used for adminis22 tration of the grant under this section. 

23 ‘‘(c) APPLICATION.— 

24 ‘‘(1) IN GENERAL.—A State or unit of local gov25 ernment desiring a grant under this section shall subVerDate Aug 31 2005 02:10 Sep 19, 2008 Jkt 069200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 E:\BILLS\S3155.RS S3155

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1 mit an application at such time, in such manner, 

2 and containing such information as the Adminis3 trator may prescribe. 

4 ‘‘(2) CONTENTS.—In accordance with guidelines 

5 that shall be established by the Administrator, each 

6 application for incentive grant funding under this 

7 section shall— 

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

9 funding would be used for and how the activity 

10 or program is designed to carry out 1 or more 

11 of the activities described in subsection (b); 

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

13 grant would be used for evidence based or prom14 ising prevention or intervention programs, in15 clude a detailed description of the studies, find16 ings, or practice knowledge that support the as17 sertion that such programs qualify as evidence 

18 based or promising; 

19 ‘‘(C) for any program for which funds pro20 vided under the grant would be used that is not 

21 evidence based or promising, include a detailed 

22 description of any studies, findings, or practice 

23 knowledge which support the effectiveness of the 

24 program; 


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

2 will be used for an activity described in sub3 section (b)(1)(D), include a certification that the 

4 State or unit of local government— 

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

6 entities in the area to administer the train7 ing funded under subsection (b)(1)(D), to 

8 ensure that such training is comprehensive, 

9 constructive, linguistically and culturally 

10 competent, and of a high quality; 

11 ‘‘(ii) is committed to a goal of increas12 ing the diversion of juveniles coming under 

13 its jurisdiction into appropriate home-based 

14 or community-based care when the interest 

15 of the juvenile and public safety allow; 

16 ‘‘(iii) intends to use amounts provided 

17 under a grant under this section for an ac18 tivity described in subsection (b)(1)(D) to 

19 further such goal; and 

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

21 appropriate benchmarks, the progress of the 

22 agency in meeting such goal; and 

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

24 will be used for an activity described in sub25 section (b)(1)(D), include a certification that not 


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1 less than 25 percent of the total cost of the train2 ing described in subsection (b)(1)(D) that is con3 ducted with the grant under this section will be 

4 contributed by non-Federal sources. 

5 ‘‘(d) REQUIREMENTS FOR GRANTS TO ESTABLISH

6 PARTNERSHIPS.— 

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

8 of local government receiving a grant for an activity 

9 described in subsection (b)(1)(C) shall keep records of 

10 the incidence and types of mental health and sub11 stance abuse disorders in their juvenile justice popu12 lations, the range and scope of services provided, and 

13 barriers to service. The State or unit of local govern14 ment shall submit an analysis of this information 

15 yearly to the Administrator. 

16 ‘‘(2) STAFF RATIOS FOR CORRECTIONAL FACILI17 TIES.—A State or unit of local government receiving 

18 a grant for an activity described in subsection 

19 (b)(1)(C) shall require that a secure correctional facil20 ity operated by or on behalf of that State or unit of 

21 local government— 

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

23 than 1 mental health counselor for every 50 juve24 niles, who shall be professionally trained and 

25 certified or licensed; 


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

2 than 1 clinical psychologist for every 100 juve3 niles; and 

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

5 than 1 licensed psychiatrist for every 100 juve6 niles receiving psychiatric care. 

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

8 unit of local government receiving a grant for an ac9 tivity described in subsection (b)(1)(C) shall require 

10 that— 

11 ‘‘(A) isolation and seclusion are used only 

12 for immediate and short-term security or safety 

13 reasons; 

14 ‘‘(B) no juvenile is placed in isolation with15 out approval of the facility superintendent or 

16 chief medical officer or their official staff des17 ignee; 

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

19 placed in isolation are documented in the file of 

20 a juvenile along with the justification; 

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

22 amount of time necessary to achieve security and 

23 safety of the juvenile and staff; 

24 ‘‘(E) staff monitor each juvenile in isolation 

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1 sional review of the need for isolation at least 

2 every 4 hours; and 

3 ‘‘(F) any juvenile held in seclusion for 24 

4 hours is examined by a physician or licensed 

5 psychologist. 

6 ‘‘(4) MEDICAL AND MENTAL HEALTH EMER7 GENCIES.—A State or unit of local government receiv8 ing a grant for an activity described in subsection 

9 (b)(1)(C) shall require that a correctional facility op10 erated by or on behalf of that State or unit of local 

11 government has written policies and procedures on 

12 suicide prevention. All staff working in a correctional 

13 facility operated by or on behalf of a State or unit 

14 of local government receiving a grant for an activity 

15 described in subsection (b)(1)(C) shall be trained and 

16 certified annually in suicide prevention. A correc17 tional facility operated by or on behalf of a State or 

18 unit of local government receiving a grant for an ac19 tivity described in subsection (b)(1)(C) shall have a 

20 written arrangement with a hospital or other facility 

21 for providing emergency medical and mental health 

22 care. Physical and mental health services shall be 

23 available to an incarcerated juvenile 24 hours per 

24 day, 7 days per week. 


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1 ‘‘(5) IDEA AND REHABILITATION ACT.—A State 

2 or unit of local government receiving a grant for an 

3 activity described in subsection (b)(1)(C) shall require 

4 that all juvenile facilities operated by or on behalf of 

5 the State or unit of local government abide by all 

6 mandatory requirements and timelines set forth under 

7 the Individuals with Disabilities Education Act (20 

8 U.S.C. 1400 et seq.) and section 504 of the Rehabili9 tation Act of 1973 (29 U.S.C. 794). 

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

11 of local government receiving a grant for an activity 

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

13 such fiscal control and fund accounting procedures as 

14 may be necessary to ensure prudent use, proper dis15 bursement, and accurate accounting of funds received 

16 under this section that are used for an activity de17 scribed in subsection (b)(1)(C).’’. 

18 SEC. 211. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 299 of the Juvenile Justice and Delinquency 

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

21 (1) in subsection (a)— 

22 (A) in the subsection heading, by striking 

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

24 AND F’’; 


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

2 title’’ and all that follows and inserting the fol3 lowing: ‘‘this title— 

4 ‘‘(A) $196,700,000 for fiscal year 2009; 

5 ‘‘(B) $245,900,000 for fiscal year 2010; 

6 ‘‘(C) $295,100,000 for fiscal year 2011; 

7 ‘‘(D) $344,300,000 for fiscal year 2012; and 

8 ‘‘(E) $393,500,000 for fiscal year 2013.’’; and 

9 (C) in paragraph (2), in the matter pre10 ceding subparagraph (A), by striking ‘‘parts C 

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

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

13 2003, 2004, 2005, 2006, and 2007’’ and inserting 

14 ‘‘fiscal years 2009, 2010, 2011, 2012, and 2013’’; 

15 (3) in subsection (c), by striking ‘‘fiscal years 

16 2003, 2004, 2005, 2006, and 2007’’ and inserting 

17 ‘‘fiscal years 2009, 2010, 2011, 2012, and 2013’’; 

18 (4) by redesignating subsection (d) as subsection 

19 (e); and 

20 (5) by inserting after subsection (c) the fol21 lowing: 

22 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR PART

23 F.— 

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

25 appropriated to carry out part F, and authorized to 


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1 remain available until expended, $80,000,000 for each 

2 of fiscal years 2009, 2010, 2011, 2012, and 2013. 

3 ‘‘(2) ALLOCATION.—Of the sums that are appro4 priated for a fiscal year to carry out part F— 

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

6 to fund programs that are carrying out an activ7 ity described in subparagraph (C), (D), or (E) 

8 of section 271(b)(1); and 

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

10 to fund programs that are carrying out an activ11 ity described in subparagraph (A) of that sec12 tion.’’. 

13 SEC. 212. ADMINISTRATIVE AUTHORITY. 

14 Section 299A(e) of the Juvenile Justice and Delin15 quency Prevention Act of 1974 (42 U.S.C. 5672(e)) is 

16 amended by striking ‘‘requirements described in paragraphs 

17 (11), (12), and (13) of section 223(a)’’ and inserting ‘‘core 

18 requirements’’. 

19 SEC. 213. TECHNICAL AND CONFORMING AMENDMENTS. 

20 The Juvenile Justice and Delinquency Prevention Act 

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

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

23 223(a)(15)’’ and inserting ‘‘section 223(a)(16)’’; 

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

25 222(c)’’ and inserting ‘‘section 222(d)’’; and 


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

2 222(c)’’ and inserting ‘‘section 222(d)’’. 

3 TITLE III—INCENTIVE GRANTS 

4 FOR LOCAL DELINQUENCY 

5 PREVENTION PROGRAMS 

6 SEC. 301. DEFINITIONS. 

7 Section 502 of the Incentive Grants for Local Delin8 quency Prevention Programs Act of 2002 (42 U.S.C. 5781) 

9 is amended— 

10 (1) in the section heading, by striking ‘‘DEFINI11 TION’’ and inserting ‘‘DEFINITIONS’’; and 

12 (2) by striking ‘‘this title, the term’’ and insert13 ing the following: ‘‘this title— 

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

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

16 for the purpose of providing guidance, support, and 

17 encouragement aimed at developing the character of 

18 the youths, where the adult and youths meet regularly 

19 for not less than 4 hours each month for not less than 

20 a 9-month period; and 

21 ‘‘(2) the term’’. 


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1 SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PRO2 GRAMS. 

3 Section 504(a) of the Incentive Grants for Local Delin4 quency Prevention Programs Act of 2002 (42 U.S.C. 

5 5783(a)) is amended— 

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

7 end; 

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

9 the end and inserting ‘‘; and’’; and 

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

11 ‘‘(9) mentoring programs.’’. 

12 SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 505 of the Incentive Grants for Local Delin14 quency Prevention Programs Act of 2002 (42 U.S.C. 5784) 

15 is amended to read as follows: 

16 ‘‘SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 

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

18 this title— 

19 ‘‘(1) $272,200,000 for fiscal year 2009; 

20 ‘‘(2) $322,800,000 for fiscal year 2010; 

21 ‘‘(3) $373,400,000 for fiscal year 2011; 

22 ‘‘(4) $424,000,000 for fiscal year 2012; and 

23 ‘‘(5) $474,600,000 for fiscal year 2013.’’. 

24 SEC. 304. TECHNICAL AND CONFORMING AMENDMENT. 

25 The Juvenile Justice and Delinquency Prevention Act 

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


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1 Juvenile Justice and Delinquency Prevention Act of 1974 

2 (Public Law 93–415; 88 Stat. 1133) (relating to miscella3 neous and conforming amendments). 


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Calendar No. 1033 

110TH CONGRESS 

2D SESSION S. 3155 

[Report No. 110–472] 

A BILL 

To reauthorize and improve the Juvenile Justice 

other purposes. and Delinquency Prevention Act of 1974, and for 

SEPTEMBER 18 (legislative day, SEPTEMBER 17), 2008 

Reported with an amendment 


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