II 

110TH CONGRESS 

2D SESSION S. 3155 

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, and Mr. KOHL) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

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’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—FINDINGS AND DECLARATION OF PURPOSE 

Sec. 101. Findings. 


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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. 

1 TITLE I—FINDINGS AND 

2 DECLARATION OF PURPOSE 

3 SEC. 101. FINDINGS. 

4 Section 101 of the Juvenile Justice and Delinquency 

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

6 read as follows: 

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 juve12 nile justice system and those at risk for delinquent 

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1 fully intervene with youth who have already entered 

2 the system. 

3 ‘‘(2) Research has shown that targeted invest4 ments to redirect offending juveniles onto a different 

5 path are cost effective and can help reduce juvenile 

6 recidivism and adult crime. 

7 ‘‘(3) Minorities are disproportionately rep8 resented in the juvenile justice system. 

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

10 youth in adult jails increased by 208 percent. 

11 ‘‘(5) Every day in the United States, an aver12 age of 7,500 youth are incarcerated in adult jails. 

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

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

15 commit crimes than youth retained in the juvenile 

16 justice system. 

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

18 spent on evidence based programs can yield up to 

19 $13 in cost savings. 

20 ‘‘(8) Each child prevented from engaging in re21 peat criminal offenses can save the community 

22 $1,700,000 to $3,400,000. 

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

24 suicide in jail than youth in the general population 


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1 and 36 times more likely to commit suicide in an 

2 adult jail than in a juvenile detention facility. 

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

held for nonviolent charges, and more than 2 4 ⁄3 are 

5 charged with property offenses, public order of6 fenses, technical probation violations, or status of7 fenses, such as truancy, running away, or breaking 

8 curfew. 

9 ‘‘(11) The prevalence of mental disorders 

10 among youth in juvenile justice systems is 2 to 3 

11 times higher than among youth in the general popu12 lation. 

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

14 justice systems have a nexus to substance abuse. 

15 ‘‘(13) The proportion of girls entering the jus16 tice system has increased steadily over the past sev17 eral decades, rising from 20 percent in 1980 to 29 

18 percent in 2003.’’. 

19 SEC. 102. PURPOSES. 

20 Section 102 of the Juvenile Justice and Delinquency 

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

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

23 end; 

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

25 the end and inserting ‘‘; and’’; and 


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

2 ‘‘(4) to support a continuum of programs (in3 cluding delinquency prevention, intervention, mental 

4 health and substance abuse treatment, and 

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

6 youth who come into contact with the justice sys7 tem.’’. 

8 SEC. 103. DEFINITIONS. 

9 Section 103 of the Juvenile Justice and Delinquency 

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

11 (1) by amending paragraph (18) to read as fol12 lows: 

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

14 given that term in section 4 of the Indian Self-De15 termination and Education Assistance Act (25 

16 U.S.C. 450b);’’; 

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

18 adults’’ and all that follows and inserting ‘‘or con19 fine adult inmates;’’; 

20 (3) by amending paragraph (26) to read as fol21 lows: 

22 ‘‘(26) the term ‘adult inmate’— 

23 ‘‘(A) means an individual who— 


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1 ‘‘(i) has reached the age of full crimi2 nal responsibility under applicable State 

3 law; and 

4 ‘‘(ii) has been arrested and is in cus5 tody for or awaiting trial on a criminal 

6 charge, or is convicted of a criminal charge 

7 offense; and 

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

9 ‘‘(i) at the time of the time of the of10 fense, was younger than the maximum age 

11 at which a youth can be held in a juvenile 

12 facility under applicable State law; and 

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

14 custody of a juvenile correctional agency by 

15 a court of competent jurisdiction or by op16 eration of applicable State law;’’; 

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

18 end; 

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

20 the end and inserting a semicolon; and 

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

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

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

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


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

2 used to temporarily incapacitate a person, including 

3 oleoresin capsicum spray, tear gas, and 2-chloro4 benzalmalononitrile gas; 

5 ‘‘(32) the term ‘isolation’— 

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

7 is confined alone for more than 15 minutes in 

8 a room or cell; and 

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

10 room or cell in which the youth usually sleeps, 

11 protective confinement (for injured youths or 

12 youths whose safety is threatened), separation 

13 based on an approved treatment program, rou14 tine confinement at the time of the youth’s ad15 mission, confinement that is requested by the 

16 youth, or the separation of the youth from a 

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

18 calming; 

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

20 given that term in section 591 of the Public Health 

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

22 ‘‘(34) the term ‘evidence based’ means a pro23 gram or practice that is demonstrated to be effective 

24 and that— 


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

2 empirically supported theory; 

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

4 detailed description of what outcomes were pro5 duced in a particular population; and 

6 ‘‘(C) has been scientifically tested, opti7 mally through randomized, controlled studies; 

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

9 practice that is demonstrated to be effective based 

10 on positive outcomes from 1 or more objective eval11 uations, or based on practice knowledge, as docu12 mented in writing to the Administrator; and 

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

14 act, procedure, or program that creates an unreason15 able risk of physical injury, pain, or psychological 

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

17 or program.’’. 

18 TITLE II—JUVENILE JUSTICE 

19 AND DELINQUENCY PREVEN20 TION 

21 SEC. 201. CONCENTRATION OF FEDERAL EFFORTS. 

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

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

24 5614(a)(2)(B)(i)) is amended by striking ‘‘240 days after 


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

2 ‘‘July 2, 2009’’. 

3 SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE 

4 AND DELINQUENCY PREVENTION. 

5 Section 206 of the Juvenile Justice and Delinquency 

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

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

9 (i) by inserting ‘‘the Administrator of 

10 the Substance Abuse and Mental Health 

11 Services Administration, the Secretary of 

12 Defense, the Secretary of Agriculture,’’ 

13 after ‘‘the Secretary of Health and Human 

14 Services,’’; and 

15 (ii) by striking ‘‘Commissioner of Im16 migration and Naturalization’’ and insert17 ing ‘‘Assistant Secretary for Immigration 

18 and Customs Enforcement’’; and 

19 (B) in paragraph (2)(A), by inserting ‘‘(in20 cluding at least 1 representative from the men21 tal health fields)’’ after ‘‘field of juvenile jus22 tice’’; and 

23 (2) in subsection (c)— 

24 (A) in paragraph (1), by striking ‘‘para25 graphs (12)(A), (13), and (14) of section 


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1 223(a) of this title’’ and inserting ‘‘the core re2 quirements’’; and 

3 (B) in paragraph (2)(B)— 

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

5 date of the enactment of this paragraph’’ 

6 and inserting ‘‘May 3, 2009’’; and 

7 (ii) by striking ‘‘Committee on Edu8 cation and the Workforce’’ and inserting 

9 ‘‘Committee on Education and Labor’’. 

10 SEC. 203. ANNUAL REPORT. 

11 Section 207 of the Juvenile Justice and Delinquency 

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

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

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

15 year’’; 

16 (2) in paragraph (1)— 

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

18 ethnicity,’’ after ‘‘race’’; 

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

20 ‘‘and’’ at the end; 

21 (C) in subparagraph (F)— 

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

23 ‘‘disabilities,’’; and 

24 (ii) by striking the period at the end 

25 and inserting a semicolon; and 


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

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

3 the applicable fiscal year of the use of restraints 

4 and isolation upon juveniles held in the custody 

5 of secure detention and correctional facilities 

6 operated by a State or unit of local government; 

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

8 custody and the type of living arrangement to 

9 which each such juvenile was released; and 

10 ‘‘(I) the number of status offense cases pe11 titioned to court, number of status offenders 

12 held in secure detention, the findings used to 

13 justify the use of secure detention, and the av14 erage period of time a status offender was held 

15 in secure detention’’; and 

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

17 ‘‘(5) A description of the criteria used to deter18 mine what programs qualify as evidence based and 

19 promising programs under this title and title V and 

20 a comprehensive list of those programs the Adminis21 trator has determined meet such criteria. 

22 ‘‘(6) A description of funding provided to In23 dian tribes under this Act, including direct Federal 

24 grants and funding provided to Indian tribes 

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


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1 SEC. 204. ALLOCATION OF FUNDS. 

2 Section 222 of the Juvenile Justice and Delinquency 

3 Prevention Act of 1974 (42 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 

8 18 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 

16 improvement grant designed to assist the State in achiev17 ing 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 semi24 annually a report on progress toward implementing 

25 the specific action steps developed under subpara26 graph (A). 


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

2 effective technical assistance directly or through an agree3 ment with a contractor to assist a State receiving a grant 

4 described in paragraph (1) in achieving compliance with 

5 the core requirements.’’; 

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

7 striking ‘‘efficient administration, including moni8 toring, evaluation, and one full-time staff position’’ 

9 and inserting ‘‘effective and efficient administration, 

10 including the designation of at least 1 person to co11 ordinate efforts to achieve and sustain compliance 

12 with the core requirements’’; and 

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

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

15 than 5 percent’’. 

16 SEC. 205. STATE PLANS. 

17 Section 223 of the Juvenile Justice and Delinquency 

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

19 (1) in subsection (a)— 

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

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

22 date on which a plan or amended plan sub23 mitted under this subsection is finalized, a 

24 State shall make the plan or amended plan pub25 licly available by posting the plan or amended 


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1 plan on a publicly available website.’’ after 

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

3 (B) in paragraph (3)— 

4 (i) in subparagraph (A)(ii)— 

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

6 ‘‘counsel for children and youth’’ and 

7 inserting ‘‘publicly supported court8 appointed legal counsel for children 

9 and youth charged in delinquency 

10 matters’’; 

11 (II) in subclause (III), by strik12 ing ‘‘mental health, education, special 

13 education’’ and inserting ‘‘children’s 

14 mental health, education, child and 

15 adolescent substance abuse, special 

16 education, services for youth with dis17 abilities’’; 

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 

7 of a public or nonprofit entity that is 

8 located 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 ad12 dressing mental health or substance 

13 abuse problems in juvenile delinquents 

14 and 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), 

23 (12), and (13)’’ and inserting ‘‘core re24 quirements’’; and 


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

2 ‘‘and’’ at the end; 

3 (C) in paragraph (5)— 

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

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

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

8 ‘‘Indian tribes’’ and all that follows 

9 through ‘‘applicable to the detention and 

10 confinement of juveniles’’ and inserting 

11 ‘‘Indian tribes that agree to attempt to 

12 comply with the core requirements applica13 ble to the detention and confinement of ju14 veniles’’; 

15 (D) in paragraph (7)(B)— 

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

17 the following: 

18 ‘‘(i) a plan for ensuring that the chief ex19 ecutive officer of the State, State legislature, 

20 and all appropriate public agencies in the State 

21 with responsibility for provision of services to 

22 children, youth and families are informed of the 

23 requirements of the State plan and compliance 

24 with the core requirements;’’; 


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

2 at the end; and 

3 (iii) by striking clause (iv) and insert4 ing the following: 

5 ‘‘(iv) a plan to provide alternatives to de6 tention, including diversion to home-based or 

7 community-based services or treatment for 

8 those youth in need of mental health, substance 

9 abuse, or co-occurring disorder services at the 

10 time such juveniles first come into contact with 

11 the juvenile justice system; 

12 ‘‘(v) a plan to reduce the number of chil13 dren housed in secure detention and corrections 

14 facilities who are awaiting placement in residen15 tial treatment programs; 

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

17 the design and delivery of juvenile delinquency 

18 prevention and treatment services, particularly 

19 post-placement; and 

20 ‘‘(vii) a plan to use community-based serv21 ices to address the needs of at-risk youth or 

22 youth who have come into contact with the ju23 venile justice system;’’; 


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

4 (F) in paragraph (9)— 

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

7 and inserting ‘‘section 222(e)’’; 

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

10 ‘‘youth who need’’; 

11 (iii) in subparagraph (B)(i)— 

12 (I) by striking ‘‘parents and 

13 other family members’’ and inserting 

14 ‘‘status offenders, other youth, and 

15 the parents and other family members 

16 of such offenders and youth’’; and 

17 (II) by striking ‘‘be retained’’ 

18 and inserting ‘‘remain’’; 

19 (iv) by redesignating subparagraphs 

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

21 through (V), respectively; 

22 (v) by redesignating subparagraphs 

23 (E) and (F) as subparagraphs (F) and 

24 (G), respectively; 


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1 (vi) by inserting after subparagraph 

2 (D) the following: 

3 ‘‘(E) providing training and technical as4 sistance to, and consultation with, juvenile jus5 tice and child welfare agencies of States and 

6 units of local government to develop coordinated 

7 plans for early intervention and treatment of 

8 youth who have a history of abuse and juveniles 

9 who have prior involvement with the juvenile 

10 justice system;’’; 

11 (vii) in subparagraph (G), as so redes12 ignated, by striking ‘‘expanding’’ and in13 serting ‘‘programs to expand’’; 

14 (viii) by inserting after subparagraph 

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

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

17 selection, 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; 

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1 hancing capacity for the competent representa2 tion of every child;’’; 

3 (ix) in subparagraph (O), as so redes4 ignated— 

5 (I) in clause (i), by striking ‘‘re6 straints’’ and inserting ‘‘alternatives’’; 

7 and 

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

9 the provision’’; and 

10 (x) in subparagraph (V), as so redes11 ignated, by striking the period at the end 

12 and inserting a semicolon; 

13 (G) in paragraph (11)— 

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

15 ‘‘and’’ at the end; 

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

17 ‘‘and’’ at the end; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(C) encourage the use of community21 based alternatives to secure detention, including 

22 programs of public and nonprofit entities re23 ceiving a grant under part A of title III;’’; 

24 (H) by striking paragraph (22); 


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1 (I) by redesignating paragraphs (23) 

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

3 respectively; 

4 (J) by redesignating paragraphs (14) 

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

6 respectively; 

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

8 following: 

9 ‘‘(14) require that— 

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

11 of enactment of the Juvenile Justice and Delin12 quency Prevention Reauthorization Act of 2008, 

13 unless a court finds, after a hearing and in 

14 writing, that it is in the interest of justice, juve15 niles awaiting trial or other legal process who 

16 are treated as adults for purposes of prosecu17 tion in criminal court and housed in a secure 

18 facility— 

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

20 inmates; and 

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

22 lockup for adults; 

23 ‘‘(B) in determining under subparagraph 

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

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1 up for adults, or have contact with adult in2 mates, a court shall consider— 

3 ‘‘(i) the age of the juvenile; 

4 ‘‘(ii) the physical and mental maturity 

5 of the juvenile; 

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

7 juvenile, including whether the juvenile 

8 presents an imminent risk of harm to the 

9 juvenile; 

10 ‘‘(iv) the nature and circumstances of 

11 the alleged offense; 

12 ‘‘(v) the juvenile’s history of prior de13 linquent acts; 

14 ‘‘(vi) the relative ability of the avail15 able adult and juvenile detention facilities 

16 to meet the specific needs of the juvenile 

17 and to protect the public; 

18 ‘‘(vii) whether placement in a juvenile 

19 facility will better serve the long-term in20 terests of the juvenile and be more likely to 

21 prevent recidivism; 

22 ‘‘(viii) the availability of programs de23 signed to treat the juvenile’s behavioral 

24 problems; and 

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


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1 ‘‘(C) if a court determines under subpara2 graph (A) that it is in the interest of justice to 

3 permit a juvenile to be held in any jail or lock4 up for adults, or have contact with adult in5 mates— 

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

7 less frequently than once every 30 days to 

8 review whether it is still in the interest of 

9 justice to permit the juvenile to be so held 

10 or have such contact; and 

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

12 any jail or lockup for adults, or permitted 

13 to have contact with adult inmates, for 

14 more than 180 days, unless the court, in 

15 writing, determines there is good cause for 

16 an extension or the juvenile expressly 

17 waives this limitation; 

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

19 improvement strategies at the State, territorial, 

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

21 reduce racial and ethnic disparities among youth 

22 who come into contact with the juvenile justice sys23 tem, without establishing or requiring numerical 

24 standards or quotas, by— 


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1 ‘‘(A) establishing coordinating bodies, com2 posed of juvenile justice stakeholders at the 

3 State, local, or tribal levels, to oversee and mon4 itor efforts by States, units of local government, 

5 and Indian tribes to reduce racial and ethnic 

6 disparities; 

7 ‘‘(B) identifying and analyzing key decision 

8 points in State, local, or tribal juvenile justice 

9 systems to determine which points create racial 

10 and ethnic disparities among youth who come 

11 into contact with the juvenile justice system; 

12 ‘‘(C) developing and implementing data 

13 collection and analysis systems to identify 

14 where racial and ethnic disparities exist in the 

15 juvenile justice system and to track and analyze 

16 such disparities; 

17 ‘‘(D) developing and implementing a work 

18 plan that includes measurable objectives for pol19 icy, practice, or other system changes, based on 

20 the needs identified in the data collection and 

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

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

23 basis, the efforts made in accordance with sub24 paragraphs (B), (C), and (D);’’ 


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1 (L) in paragraph (16), as so redesig2 nated— 

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

4 inserting ‘‘effective system’’; 

5 (ii) by striking ‘‘requirements of para6 graph (11),’’ and all that follows through 

7 ‘‘monitoring to the Administrator’’ and in8 serting ‘‘the core requirements are met, 

9 and for annual reporting to the Adminis10 trator of such plan, including the results of 

11 such monitoring and all related enforce12 ment and educational activities’’; and 

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

14 the Administrator,’’; 

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

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

17 (N) in paragraph (24), as so redesig18 nated— 

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

20 ‘‘and’’ at the end; 

21 (ii) in subparagraph (C)— 

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

23 ‘‘and’’ at the end; 

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

25 ‘‘and’’ at the end; and 


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1 (III) by adding at the end the 

2 following: 

3 ‘‘(iii) if such court determines the ju4 venile should be placed in a secure deten5 tion facility or correctional facility for vio6 lating such order, the court shall issue a 

7 written order that— 

8 ‘‘(I) identifies the valid court 

9 order that has been violated; 

10 ‘‘(II) specifies the factual basis 

11 for determining that there is reason12 able cause to believe that the juvenile 

13 has violated such order; 

14 ‘‘(III) includes findings of fact to 

15 support a determination that there is 

16 no appropriate less restrictive alter17 native available to placing the juvenile 

18 in such a facility, with due consider19 ation to the best interest of the juve20 nile; and 

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

22 not to exceed 7 days, that the juvenile 

23 may remain in a secure detention fa24 cility or correctional facility, and inVerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155

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1 cludes a plan for the juvenile’s release 

2 from such facility; and’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(D) there are procedures in place to en6 sure that any juvenile held in a secure detention 

7 facility or correctional facility pursuant to a 

8 court order described in this paragraph does 

9 not remain in custody longer than 7 days or the 

10 length of time authorized by the court, which11 ever is shorter;’’; 

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

13 by striking ‘‘section 222(d)’’ and inserting ‘‘sec14 tion 222(e)’’; 

15 (P) in paragraph (27), as so redesig16 nated— 

17 (i) by inserting ‘‘and in accordance 

18 with confidentiality concerns,’’ after ‘‘max19 imum extent practicable,’’; and 

20 (ii) by striking the semicolon at the 

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

22 provide for— 

23 ‘‘(A) a compilation of data reflecting infor24 mation on juveniles entering the juvenile justice 

25 system with a prior reported history as victims 


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1 of child abuse or neglect through arrest, court 

2 intake, probation and parole, juvenile detention, 

3 and corrections; and 

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

5 subparagraph (A) to provide necessary services 

6 for the treatment of victims of child abuse and 

7 neglect who have entered, or are at risk of en8 tering, the juvenile justice system;’’; 

9 (Q) in paragraph (28), as so redesig10 nated— 

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

12 inserting ‘‘establish protocols, policies, pro13 cedures,’’; and 

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

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

16 by striking the period at the end and inserting 

17 a semicolon; and 

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

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

20 provided under this Act with other Federal and 

21 State funds directed at juvenile delinquency preven22 tion and intervention programs; 

23 ‘‘(31) develop policies and procedures, and pro24 vide training for facility staff, on evidence based and 

25 promising techniques for effective behavior manageVerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155

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1 ment that are designed to eliminate the use of dan2 gerous practices, unreasonable restraints, and isola3 tion; 

4 ‘‘(32) provide mental health and substance 

5 abuse screening, assessment, referral, and treatment 

6 for juveniles in the juvenile justice system; 

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 ju11 venile and developed and updated in consulta12 tion with the juvenile, the family of the juvenile, 

13 and, if appropriate, counsel for the juvenile, 

14 that— 

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

16 post-release programs and reentry services 

17 that will be provided to the juvenile; 

18 ‘‘(ii) describes the living arrangement 

19 to which the juvenile is to be discharged; 

20 and 

21 ‘‘(iii) establishes a plan for the enroll22 ment of the juvenile in post-release health 

23 care, behavioral health care, educational, 

24 vocational, training, family support, public 


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1 assistance, and legal services programs, as 

2 appropriate; 

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

4 ‘‘(i) shall take place in a family or ju5 venile court or another court (including a 

6 tribal court) of competent jurisdiction, or 

7 by an administrative body appointed or ap8 proved by the court, not earlier than 30 

9 days before the date on which the juvenile 

10 is scheduled to be released, and at which 

11 the juvenile would be represented by coun12 sel; and 

13 ‘‘(ii) shall determine the discharge 

14 plan for the juvenile, including a deter15 mination of whether a safe, appropriate, 

16 and permanent living arrangement has 

17 been secured for the juvenile and whether 

18 enrollment in health care, behavioral health 

19 care, educational, vocational, training, fam20 ily support, public assistance and legal 

21 services, as appropriate, has been arranged 

22 for the juvenile; and 

23 ‘‘(C) policies to ensure that discharge plan24 ning and procedures— 


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1 ‘‘(i) are accomplished in a timely fash2 ion prior to the release from custody of 

3 each adjudicated juvenile; and 

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

5 custody of the juvenile; and 

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

7 State of funds for reentry and aftercare services for 

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

9 (2) in subsection (c)— 

10 (A) in the matter preceding paragraph 

11 (1)— 

12 (i) by striking ‘‘applicable require13 ments of paragraphs (11), (12), (13), and 

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

15 requirements’’; and 

16 (ii) by striking ‘‘2001, then’’ and in17 serting ‘‘2008’’; 

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

19 at the end and 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 Adminis3 trator a report detailing the reasons for noncompli4 ance with the core requirements, including the plan 

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

6 shall make publicly available such report, not later 

7 than 30 days after the date on which the Adminis8 trator approves the report, by posting the report on 

9 a publicly available website.’’; 

10 (3) in subsection (d)— 

11 (A) by striking ‘‘section 222(d)’’ and in12 serting ‘‘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.—Not later than 

24 60 days after the date of receipt of information indicating 


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•S 3155 IS

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

2 core requirements, the Administrator shall— 

3 ‘‘(1) determine whether the State is in compli4 ance with the core requirements; 

5 ‘‘(2) issue a public report describing the deter6 mination described in paragraph (1), including a 

7 summary of the information on which the determina8 tion is based and the actions to be taken by the Ad9 ministrator (including a description of any reduction 

10 imposed under subsection (c)); and 

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

12 (2) available on a publicly available website. 

13 ‘‘(g) TECHNICAL ASSISTANCE.— 

14 ‘‘(1) ORGANIZATION OF STATE ADVISORY

15 GROUP MEMBER REPRESENTATIVES.—The Adminis16 trator shall provide technical and financial assist17 ance to an agency, institution, or organization to as18 sist in carrying out the activities described in para19 graph (3). The functions and activities of an agency, 

20 institution, or organization under this subsection 

21 shall not be subject to the Federal Advisory Com22 mittee Act. 

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

24 assistance under this subsection, an agency, institu25 tion, or organization shall— 


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•S 3155 IS

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

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

3 executive of a State to serve as a member 

4 of a State advisory group established 

5 under subsection (a)(3); and 

6 ‘‘(ii) are elected to serve as a gov7 erning officer of such an agency, institu8 tion, or organization by a majority of the 

9 member Chairs (or the designees of the 

10 member Chairs) of all State advisory 

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

12 ‘‘(B) include member representatives— 

13 ‘‘(i) from a majority of the State advi14 sory groups established under subsection 

15 (a)(3); and 

16 ‘‘(ii) who are representative of region17 ally and demographically diverse State ju18 risdictions; and 

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

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

21 State advisory group established under sub22 section (a)(3) to implement the advisory func23 tions specified in subparagraphs (D) and (E) of 

24 paragraph (3) of this subsection. 


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•S 3155 IS

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

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

5 member representatives of the State advisory 

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

7 purposes relating to the activities of such State 

8 advisory groups; 

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

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

14 ‘‘(D) advise the Administrator regarding 

15 particular functions or aspects of the work of 

16 the Office; and 

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

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

21 SEC. 206. AUTHORITY TO MAKE GRANTS. 

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

24 amended— 


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•S 3155 IS

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

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

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

7 juveniles with disabilities’’ before the semicolon; 

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

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

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

11 end; 

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

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

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

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

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

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


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1 SEC. 207. RESEARCH AND EVALUATION; STATISTICAL 

2 ANALYSES; INFORMATION DISSEMINATION. 

3 (a) IN GENERAL.—Section 251 of the Juvenile Jus4 tice and Delinquency Prevention Act of 1974 (42 U.S.C. 

5 5661) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)— 

8 (i) in the matter proceeding subpara9 graph (A), by striking ‘‘may’’ and inserting 

10 ‘‘shall’’; 

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

12 ‘‘plan and identify’’ and inserting ‘‘annu13 ally provide a written and publicly avail14 able plan to identify’’; and 

15 (iii) in subparagraph (B)— 

16 (I) by amending clause (iii) to 

17 read as follows: 

18 ‘‘(iii) successful efforts to prevent status 

19 offenders and first-time minor offenders from 

20 subsequent involvement with the criminal jus21 tice system;’’; 

22 (II) by amending clause (vii) to 

23 read as follows: 

24 ‘‘(vii) the prevalence and duration of be25 havioral health needs (including mental health, 

26 substance abuse, and co-occurring disorders) 


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•S 3155 IS

1 among juveniles pre-placement and post-place2 ment when held in the custody of secure deten3 tion and corrections facilities, including an ex4 amination of the effects of confinement;’’; 

5 (III) by redesignating clauses 

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

7 and (xiii), respectively; and 

8 (IV) by inserting after clause 

9 (viii) the following: 

10 ‘‘(ix) training efforts and reforms that 

11 have produced reductions in or elimination of 

12 the use of dangerous practices; 

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

14 selection, training, and retention of professional 

15 personnel in the fields of medicine, law enforce16 ment, judiciary, juvenile justice, social work and 

17 child protection, education, and other relevant 

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

19 the field of prevention, identification, and treat20 ment of delinquency;’’; and 

21 (B) in paragraph (4)— 

22 (i) in the matter preceding subpara23 graph (A), by inserting ‘‘and not later than 

24 1 year after the date of enactment of the 

25 Juvenile Justice and Delinquency PrevenVerDate Aug 31 2005 21:36 Jun 20, 2008 Jkt 069200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S3155.IS S3155

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•S 3155 IS

1 tion Reauthorization Act of 2008’’ after 

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

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

4 ‘‘and’’ at the end; 

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

6 the period at the end and inserting a semi7 colon; and 

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

10 ‘‘(H) a description of the best practices in dis11 charge planning; and 

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

13 juveniles who cannot return to the homes of the ju14 veniles.’’; 

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

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

17 ‘‘shall’’; and 

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

19 ‘‘(f) NATIONAL RECIDIVISM MEASURE.—The Admin20 istrator shall— 

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

23 data on juvenile recidivism on an annual basis; 

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


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•S 3155 IS

1 ‘‘(3) make cumulative juvenile recidivism data 

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

4 (b) STUDIES.— 

5 (1) IN GENERAL.—The Administrator shall con6 duct a study and publish a report on the differences 

7 between male and female juvenile offenders that in8 cludes analyses of— 

9 (A) risk factors specific to the development 

10 of delinquent behavior in girls; 

11 (B) the mental health needs of delinquent 

12 girls and girls at risk of delinquency; 

13 (C) delinquency prevention and interven14 tion programs that are effective among girls; 

15 and 

16 (D) how prevention and intervention pro17 grams for delinquent girls and girls at-risk of 

18 delinquency can be made more effective. 

19 (2) ASSESSMENT OF TREATING JUVENILES AS

20 ADULTS.—The Administrator shall— 

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

22 of enactment of this Act, assess the effective23 ness of the practice of treating juveniles as 

24 adults for purposes of prosecution in criminal 

25 court; and 


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•S 3155 IS

1 (B) not later than 42 months after the 

2 date of enactment of this Act, submit to Con3 gress and the President, and make publicly 

4 available, a report on the findings and conclu5 sions of the assessment under subparagraph 

6 (A) and any recommended changes in law iden7 tified as a result of the assessment under sub8 paragraph (A). 

9 (3) OUTCOME STUDY OF FORMER JUVENILE

10 OFFENDERS.—The Administrator shall conduct a 

11 study of adjudicated juveniles and publish a report 

12 on the outcomes for juveniles who have reintegrated 

13 into the community, which shall include information 

14 on the outcomes relating to family reunification, 

15 housing, education, employment, health care, behav16 ioral health care, and repeat offending. 

17 (4) DEFINITION OF ADMINISTRATOR.—In this 

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

19 head of the Office of Juvenile Justice and Delin20 quency Prevention. 

21 SEC. 208. TRAINING AND TECHNICAL ASSISTANCE. 

22 Section 252 of the Juvenile Justice and Delinquency 

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

24 (1) in subsection (a)— 


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•S 3155 IS

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

2 by striking ‘‘may’’; 

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

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

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

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

7 (2) in subsection (b)— 

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

9 by striking ‘‘may’’; 

10 (B) in paragraph (1)— 

11 (i) by inserting ‘‘shall’’ before ‘‘de12 velop and implement projects’’; and 

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

14 (C) in paragraph (2)— 

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

16 grants to and contracts with’’; 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 ‘‘(3) shall provide technical assistance to States 

21 and units of local government on achieving compli22 ance with the amendments made by the Juvenile 

23 Justice and Delinquency Prevention Reauthorization 

24 Act of 2008; and 


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•S 3155 IS

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

2 in support of efforts to establish partnerships be3 tween the State and a university, institution of high4 er education, or research center designed to improve 

5 the recruitment, selection, training, and retention of 

6 professional personnel in the fields of medicine, law 

7 enforcement, judiciary, juvenile justice, social work 

8 and child protection, education, and other relevant 

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

10 field of prevention, identification, and treatment of 

11 delinquency.’’; and 

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

13 ‘‘(d) TECHNICAL ASSISTANCE TO STATES REGARD14 ING LEGAL REPRESENTATION OF CHILDREN.—The Ad15 ministrator shall develop and issue standards of practice 

16 for attorneys representing children, and ensure that the 

17 standards are adapted for use in States. 

18 ‘‘(e) TRAINING AND TECHNICAL ASSISTANCE FOR

19 LOCAL AND STATE JUVENILE DETENTION AND CORREC20 TIONS PERSONNEL.—The Administrator shall coordinate 

21 training and technical assistance programs with juvenile 

22 detention and corrections personnel of States and units 

23 of local government to promote evidence based and prom24 ising methods for improving conditions of juvenile confine25 ment, including those that are designed to minimize the 


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•S 3155 IS

1 use of dangerous practices, unreasonable restraints, and 

2 isolation. 

3 ‘‘(f) TRAINING AND TECHNICAL ASSISTANCE TO

4 SUPPORT MENTAL HEALTH OR SUBSTANCE ABUSE

5 TREATMENT INCLUDING HOME-BASED OR COMMUNITY6 BASED CARE.—The Administrator shall provide training 

7 and technical assistance, in conjunction with the appro8 priate public agencies, to individuals involved in making 

9 decisions regarding the disposition of cases for youth who 

10 enter the juvenile justice system, including— 

11 ‘‘(1) juvenile justice intake personnel; 

12 ‘‘(2) probation officers; 

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

14 personnel; 

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

16 and 

17 ‘‘(5) family members of juveniles and family ad18 vocates.’’. 

19 SEC. 209. INCENTIVE GRANTS FOR STATE AND LOCAL PRO20 GRAMS. 

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

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

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


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•S 3155 IS

1 ‘‘PART F—INCENTIVE GRANTS FOR STATE AND 

2 LOCAL PROGRAMS 

3 ‘‘SEC. 271. INCENTIVE GRANTS. 

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

5 may make incentive grants to a State, unit of local govern6 ment, or combination of States and local governments to 

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

8 thereof in carrying out an activity identified in subsection 

9 (b)(1). 

10 ‘‘(b) USE OF FUNDS.— 

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

12 the Administrator under this section may be used 

13 to— 

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

15 promising prevention and intervention pro16 grams; 

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

18 training, and retention of professional personnel 

19 (including in the fields of medicine, law enforce20 ment, judiciary, juvenile justice, social work, 

21 and child prevention) who are engaged in, or in22 tend to work in, the field of prevention, inter23 vention, and treatment of juveniles to reduce 

24 delinquency; 

25 ‘‘(C) establish a partnership between juve26 nile justice agencies of a State or unit of local 


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•S 3155 IS

1 government and mental health authorities of 

2 State or unit of local government to establish 

3 and implement programs to ensure there are 

4 adequate mental health and substance abuse 

5 screening, assessment, referral, treatment, and 

6 after-care services for juveniles who come into 

7 contact with the justice system; 

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

9 the public or private agency that provides men10 tal health services, to individuals involved in 

11 making decisions involving youth who enter the 

12 juvenile justice system (including intake per13 sonnel, law enforcement, prosecutors, juvenile 

14 court judges, public defenders, mental health 

15 and substance abuse service providers and ad16 ministrators, probation officers, and parents) 

17 that focuses on— 

18 ‘‘(i) the availability of screening and 

19 assessment tools and the effective use of 

20 such tools; 

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

22 to increase availability of mental health or 

23 substance abuse treatment programs (in24 cluding home-based and community-based 


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•S 3155 IS

1 programs) available to juveniles within the 

2 jurisdiction of the recipient; 

3 ‘‘(iii) the availability of public and pri4 vate services available to juveniles to pay 

5 for mental health or substance abuse treat6 ment programs; or 

7 ‘‘(iv) the appropriate use of effective 

8 home-based and community-based alter9 natives to juvenile justice or mental health 

10 system institutional placement; and 

11 ‘‘(E) provide services to juveniles with 

12 mental health or substance abuse disorders who 

13 are at risk of coming into contact with the jus14 tice system. 

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

16 State or unit of local government receiving a grant 

17 under this section shall ensure that— 

18 ‘‘(A) the use of the grant under this sec19 tion is developed as part of the State plan re20 quired under section 223(a); and 

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

22 amount received under this section is used for 

23 administration of the grant under this section. 

24 ‘‘(c) APPLICATION.— 


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•S 3155 IS

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

2 government desiring a grant under this section shall 

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

4 and containing such information as the Adminis5 trator may prescribe. 

6 ‘‘(2) CONTENTS.—In accordance with guide7 lines that shall be established by the Administrator, 

8 each application for incentive grant funding under 

9 this section shall— 

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

11 funding would be used for and how the activity 

12 or program is designed to carry out 1 or more 

13 of the activities described in subsection (b); 

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

15 the grant would be used for evidence based or 

16 promising prevention or intervention programs, 

17 include a detailed description of the studies, 

18 findings, or practice knowledge that support the 

19 assertion that such programs qualify as evi20 dence based or promising; and 

21 ‘‘(C) for any program for which funds pro22 vided under the grant would be used that is not 

23 evidence based or promising, include a detailed 

24 description of any studies, findings, or practice 


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•S 3155 IS

1 knowledge which support the effectiveness of 

2 the program.’’. 

3 SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 299 of the Juvenile Justice and Delinquency 

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

6 (1) in subsection (a)— 

7 (A) in the subsection heading, by striking 

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

9 AND F’’; 

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

11 title’’ and all that follows and inserting the fol12 lowing: ‘‘this title— 

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

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

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

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

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

18 (C) in paragraph (2), in the matter pre19 ceding subparagraph (A), by striking ‘‘parts C 

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

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

22 2003, 2004, 2005, 2006, and 2007’’ and inserting 

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


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•S 3155 IS

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

2 2003, 2004, 2005, 2006, and 2007’’ and inserting 

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

4 (4) by redesignating subsection (d) as sub5 section (e); and 

6 (5) by inserting after subsection (c) the fol7 lowing: 

8 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR

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

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

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

12 2010, 2011, 2012, and 2013. Of the sums that are appro13 priated for a fiscal year to carry out part F, not less than 

14 50 percent shall be used to fund programs that are car15 rying out an activity described in subparagraph (C), (D), 

16 or (E) of section 271(b)(1).’’. 

17 SEC. 211. ADMINISTRATIVE AUTHORITY. 

18 Section 299A(e) of the Juvenile Justice and Delin19 quency Prevention Act of 1974 (42 U.S.C. 5672(e)) is 

20 amended by striking ‘‘requirements described in para21 graphs (11), (12), and (13) of section 223(a)’’ and insert22 ing ‘‘core requirements’’. 

23 SEC. 212. TECHNICAL AND CONFORMING AMENDMENTS. 

24 The Juvenile Justice and Delinquency Prevention Act 

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


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

2 223(a)(15)’’ and inserting ‘‘section 223(a)(16)’’; 

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

4 222(c)’’ and inserting ‘‘section 222(d)’’; and 

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

6 222(c)’’ and inserting ‘‘section 222(d)’’. 

7 TITLE III—INCENTIVE GRANTS 

8 FOR LOCAL DELINQUENCY 

9 PREVENTION PROGRAMS 

10 SEC. 301. DEFINITIONS. 

11 Section 502 of the Incentive Grants for Local Delin12 quency Prevention Programs Act of 2002 (42 U.S.C. 

13 5781) is amended— 

14 (1) in the section heading, by striking ‘‘DEFI15 NITION’’ and inserting ‘‘DEFINITIONS’’; and 

16 (2) by striking ‘‘this title, the term’’ and insert17 ing the following: ‘‘this title— 

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

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

20 for the purpose of providing guidance, support, and 

21 encouragement aimed at developing the character of 

22 the youths, where the adult and youths meet regu23 larly for not less than 4 hours each month for not 

24 less than a 9-month period; and 

25 ‘‘(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 De4 linquency 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. 

15 5784) 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). 

Æ 


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