IB
Union Calendar No. 57
105TH CONGRESS
1ST SESSION
H. R. 3
[Report No. 105–86]
To combat violent youth crime and increase accountability for juvenile
criminal offenses.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. MCCOLLUM (for himself, Mr. COBLE, Mr. BARR of Georgia, Mr. BRYANT,
and Mr. CANADY of Florida) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
MAY 1, 1997
Additional sponsor: Mr. CHRISTENSEN
MAY 1, 1997
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 7, 1997]
A BILL
To combat violent youth crime and increase accountability
for juvenile criminal offenses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Juvenile Crime Control
Act of 1997’’.
TITLE I—REFORMING THE FED-
ERAL JUVENILE JUSTICE SYS-
TEM
SEC. 101. DELINQUENCY PROCEEDINGS OR CRIMINAL
PROSECUTIONS IN DISTRICT COURTS.
Section 5032 of title 18, United States Code, is amend-
ed to read as follows:
‘‘§ 5032. Delinquency proceedings or criminal prosecu-
tions in district courts
‘‘(a)(1) A juvenile alleged to have committed an offense
against the United States or an act of juvenile delinquency
may be surrendered to State authorities, but if not so sur-
rendered, shall be proceeded against as a juvenile under this
subsection or tried as an adult in the circumstances de-
scribed in subsections (b) and (c).
‘‘(2) A juvenile may be proceeded against as a juvenile
in a court of the United States under this subsection if—
‘‘(A) the alleged offense or act of juvenile delin-
quency is committed within the special maritime and
territorial jurisdiction of the United States and is one
for which the maximum authorized term of imprison-
ment does not exceed 6 months; or
‘‘(B) the Attorney General, after investigation,
certifies to the appropriate United States district
court that—
‘‘(i) the juvenile court or other appropriate
court of a State does not have jurisdiction or de-
clines to assume jurisdiction over the juvenile
with respect to the alleged act of juvenile delin-
quency, and
‘‘(ii) there is a substantial Federal interest
in the case or the offense to warrant the exercise
of Federal jurisdiction.
‘‘(3) If the Attorney General does not so certify or does
not have authority to try such juvenile as an adult, such
juvenile shall be surrendered to the appropriate legal au-
thorities of such State.
‘‘(4) If a juvenile alleged to have committed an act
of juvenile delinquency is proceeded against as a juvenile
under this section, any proceedings against the juvenile
shall be in an appropriate district court of the United
States. For such purposes, the court may be convened at
any time and place within the district, and shall be open
to the public, except that the court may exclude all or some
members of the public, other than a victim unless the victim
is a witness in the determination of guilt or innocence, if
required by the interests of justice or if other good cause
is shown. The Attorney General shall proceed by informa-
tion or as authorized by section 3401(g) of this title, and
no criminal prosecution shall be instituted except as pro-
vided in this chapter.
‘‘(b)(1) Except as provided in paragraph (2), a juve-
nile shall be prosecuted as an adult—
‘‘(A) if the juvenile has requested in writing
upon advice of counsel to be prosecuted as an adult;
or
‘‘(B) if the juvenile is alleged to have committed
an act after the juvenile attains the age of 14 years
which if committed by an adult would be a serious
violent felony or a serious drug offense described in
section 3559(c) of this title, or a conspiracy or at-
tempt to commit that felony or offense, which is pun-
ishable under section 406 of the Controlled Substances
Act (21 U.S.C. 846), or section 1013 of the Controlled
Substances Import and Export Act (21 U.S.C. 963).
‘‘(2) The requirements of paragraph (1) do not apply
if the Attorney General certifies to the appropriate United
States district court that the interests of public safety are
best served by proceeding against the juvenile as a juvenile.
‘‘(c)(1) A juvenile may also be prosecuted as an adult
if the juvenile is alleged to have committed an act after the
juvenile has attained the age of 13 years which if committed
by a juvenile after the juvenile attained the age of 14 years
would require that the juvenile be prosecuted as an adult
under subsection (b), upon approval of the Attorney Gen-
eral.
‘‘(2) The Attorney General shall not delegate the au-
thority to give the approval required under paragraph (1)
to an officer or employee of the Department of Justice at
a level lower than a Deputy Assistant Attorney General.
‘‘(3) Such approval shall not be granted, with respect
to such a juvenile who is subject to the criminal jurisdiction
of an Indian tribal government and who is alleged to have
committed an act over which, if committed by an adult,
there would be Federal jurisdiction based solely on its com-
mission in Indian country (as defined in section 1151), un-
less the governing body of the tribe having jurisdiction over
the place in which the alleged act was committed has before
such act notified the Attorney General in writing of its elec-
tion that prosecution may take place under this subsection.
‘‘(4) A juvenile may also be prosecuted as an adult
if the juvenile is alleged to have committed an act which
is not described in subsection (b)(1)(B) after the juvenile
has attained the age of 14 years and which if committed
by an adult would be—
‘‘(A) a crime of violence (as defined in sec-
tion 3156(a)(4)) that is a felony;
‘‘(B) an offense described in section 844 (d),
(k), or (l), or subsection (a)(6), (b), (g), (h), (j),
(k), or (l) of section 924;
‘‘(C) a violation of section 922(o) that is an
offense under section 924(a)(2);
‘‘(D) a violation of section 5861 of the In-
ternal Revenue Code of 1986 that is an offense
under section 5871 of such Code (26 U.S.C.
5871);
‘‘(E) a conspiracy to commit an offense de-
scribed in any of subparagraphs (A) through
(D); or
‘‘(F) an offense described in section 401 or
408 of the Controlled Substances Act (21 U.S.C.
841, 848) or a conspiracy or attempt to commit
that offense which is punishable under section
406 of the Controlled Substances Act (21 U.S.C.
846), or an offense punishable under section 409
or 419 of the Controlled Substances Act (21
U.S.C. 849, 860), or an offense described in sec-
tion 1002, 1003, 1005, or 1009 of the Controlled
Substances Import and Export Act (21 U.S.C.
952, 953, 955, or 959), or a conspiracy or at-
tempt to commit that offense which is punishable
under section 1013 of the Controlled Substances
Import and Export Act (21 U.S.C. 963).
‘‘(d) A determination to approve or not to approve,
or to institute or not to institute, a prosecution under sub-
section (b) or (c), and a determination to file or not to file,
and the contents of, a certification under subsection (a) or
(b) shall not be reviewable in any court.
‘‘(e) In a prosecution under subsection (b) or (c), the
juvenile may be prosecuted and convicted as an adult for
any other offense which is properly joined under the Federal
Rules of Criminal Procedure, and may also be convicted
of a lesser included offense.
‘‘(f) The Attorney General shall annually report to
Congress—
‘‘(1) the number of juveniles adjudicated delin-
quent or tried as adults in Federal court;
‘‘(2) the race, ethnicity, and gender of those juve-
niles;
‘‘(3) the number of those juveniles who were
abused or neglected by their families, to the extent
such information is available; and
‘‘(4) the number and types of assault crimes,
such as rapes and beatings, committed against juve-
niles while incarcerated in connection with the adju-
dication or conviction.
‘‘(g) As used in this section—
‘‘(1) the term ‘State’ includes a State of the
United States, the District of Columbia, any common-
wealth, territory, or possession of the United States
and, with regard to an act of juvenile delinquency
that would have been a misdemeanor if committed by
an adult, a federally recognized tribe; and
‘‘(2) the term ‘serious violent felony’ has the
same 
meaning 
given 
that 
term 
in 
section
3559(c)(2)(F)(i).’’.
SEC. 102. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI-
CIAL OFFICER.
Section 5033 of title 18, United States Code, is amend-
ed to read as follows:
‘‘§ 5033. Custody prior to appearance before judicial
officer
‘‘(a) Whenever a juvenile is taken into custody, the ar-
resting officer shall immediately advise such juvenile of the
juvenile’s rights, in language comprehensible to a juvenile.
The arresting officer shall promptly take reasonable steps
to notify the juvenile’s parents, guardian, or custodian of
such custody, of the rights of the juvenile, and of the nature
of the alleged offense.
‘‘(b) The juvenile shall be taken before a judicial officer
without unreasonable delay.’’.
SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS TO
SECTION 5034.
Section 5034 of title 18, United States Code, is amend-
ed—
(1) by striking ‘‘The’’ each place it appears at
the beginning of a paragraph and inserting ‘‘the’’;
(2) by striking ‘‘If’’ at the beginning of the 3rd
paragraph and inserting ‘‘if’’;
(3)(A) by designating the 3 paragraphs as para-
graphs (1), (2), and (3), respectively; and
(B) by moving such designated paragraphs 2
ems to the right; and
(4) by inserting at the beginning of such section
before those paragraphs the following:
‘‘In a proceeding under section 5032(a)—’’.
SEC. 104. DETENTION PRIOR TO DISPOSITION OR SENTENC-
ING.
Section 5035 of title 18, United States Code, is amend-
ed to read as follows:
‘‘§ 5035. Detention prior to disposition or sentencing
‘‘(a)(1) A juvenile who has attained the age of 16 years
and who is prosecuted pursuant to subsection (b) or (c) of
section 5032, if detained at any time prior to sentencing,
shall be detained in such suitable place as the Attorney Gen-
eral may designate. Preference shall be given to a place lo-
cated within, or within a reasonable distance of, the district
in which the juvenile is being prosecuted.
‘‘(2) A juvenile less than 16 years of age prosecuted
pursuant to subsection (b) or (c) of section 5032, if detained
at any time prior to sentencing, shall be detained in a suit-
able juvenile facility located within, or within a reasonable
distance of, the district in which the juvenile is being pros-
ecuted. If such a facility is not available, such a juvenile
may be detained in any other suitable facility located with-
in, or within a reasonable distance of, such district. If no
such facility is available, such a juvenile may be detained
in any other suitable place as the Attorney General may
designate.
‘‘(3) To the maximum extent feasible, a juvenile less
than 16 years of age prosecuted pursuant to subsection (b)
or (c) of section 5032 shall not be detained prior to sentenc-
ing in any facility in which the juvenile has regular contact
with adult persons convicted of a crime or awaiting trial
on criminal charges.
‘‘(b) A juvenile proceeded against under section 5032
shall not be detained prior to disposition in any facility
in which the juvenile has regular contact with adult persons
convicted of a crime or awaiting trial on criminal charges.
‘‘(c) Every juvenile who is detained prior to disposi-
tion or sentencing shall be provided with reasonable safety
and security and with adequate food, heat, light, sanitary
facilities, bedding, clothing, recreation, education, and med-
ical care, including necessary psychiatric, psychological, or
other care and treatment.’’.
SEC. 105. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is amend-
ed by—
(1) striking ‘‘If an alleged delinquent’’ and in-
serting ‘‘If a juvenile proceeded against under section
5032(a)’’;
(2) striking ‘‘thirty’’ and inserting ‘‘45’’; and
(3) striking ‘‘the court,’’ and all that follows
through the end of the section and inserting ‘‘the
court. The periods of exclusion under section 3161(h)
of this title shall apply to this section.’’.
SEC. 106. DISPOSITION; AVAILABILITY OF INCREASED DE-
TENTION, FINES AND SUPERVISED RELEASE
FOR JUVENILE OFFENDERS.
(a) DISPOSITION.—Section 5037 of title 18, United
States Code, is amended to read as follows:
‘‘§ 5037. Disposition
‘‘(a) In a proceeding under section 5032(a), if the
court finds a juvenile to be a juvenile delinquent, the court
shall hold a hearing concerning the appropriate disposition
of the juvenile no later than 40 court days after the finding
of juvenile delinquency, unless the court has ordered further
study pursuant to subsection (e). A predisposition report
shall be prepared by the probation officer who shall prompt-
ly provide a copy to the juvenile, the juvenile’s counsel, and
the attorney for the Government. Victim impact informa-
tion shall be included in the report, and victims, or in ap-
propriate cases their official representatives, shall be pro-
vided the opportunity to make a statement to the court in
person or present any information in relation to the dis-
position. After the dispositional hearing, and after consider-
ing the sanctions recommended pursuant to subsection (f),
the court shall impose an appropriate sanction, including
the ordering of restitution pursuant to section 3556 of this
title. The court may order the juvenile’s parent, guardian,
or custodian to be present at the dispositional hearing and
the imposition of sanctions and may issue orders directed
to such parent, guardian, custodian regarding conduct with
respect to the juvenile. With respect to release or detention
pending an appeal or a petition for a writ of certiorari
after disposition, the court shall proceed pursuant to chap-
ter 207.
‘‘(b) The term for which probation may be ordered for
a juvenile found to be a juvenile delinquent may not extend
beyond the maximum term that would be authorized by sec-
tion 3561(c) if the juvenile had been tried and convicted
as an adult. Sections 3563, 3564, and 3565 are applicable
to an order placing a juvenile on probation.
‘‘(c) The term for which official detention may be or-
dered for a juvenile found to be a juvenile delinquent may
not extend beyond the lesser of—
‘‘(1) the maximum term of imprisonment that
would be authorized if the juvenile had been tried and
convicted as an adult;
‘‘(2) ten years; or
‘‘(3) the date when the juvenile becomes twenty-
six years old.
Section 3624 is applicable to an order placing a juvenile
in detention.
‘‘(d) The term for which supervised release may be or-
dered for a juvenile found to be a juvenile delinquent may
not extend beyond 5 years. Subsections (c) through (i) of
section 3583 apply to an order placing a juvenile on super-
vised release.
‘‘(e) If the court desires more detailed information con-
cerning a juvenile alleged to have committed an act of juve-
nile delinquency or a juvenile adjudicated delinquent, it
may commit the juvenile, after notice and hearing at which
the juvenile is represented by counsel, to the custody of the
Attorney General for observation and study by an appro-
priate agency or entity. Such observation and study shall
be conducted on an outpatient basis, unless the court deter-
mines that inpatient observation and study are necessary
to obtain the desired information. In the case of an alleged
juvenile delinquent, inpatient study may be ordered only
with the consent of the juvenile and the juvenile’s attorney.
The agency or entity shall make a study of all matters rel-
evant to the alleged or adjudicated delinquent behavior and
the court’s inquiry. The Attorney General shall submit to
the court and the attorneys for the juvenile and the Govern-
ment the results of the study within 30 days after the com-
mitment of the juvenile, unless the court grants additional
time. Time spent in custody under this subsection shall be
excluded for purposes of section 5036.
‘‘(f)(1) The United States Sentencing Commission, in
consultation with the Attorney General, shall develop a list
of possible sanctions for juveniles adjudicated delinquent.
‘‘(2) Such list shall—
‘‘(A) be comprehensive in nature and encompass
punishments of varying levels of severity;
‘‘(B) include terms of confinement; and
‘‘(C) provide punishments that escalate in sever-
ity with each additional or subsequent more serious
delinquent conduct.’’.
(b) EFFECTIVE DATE.—The Sentencing Commission
shall develop the list required pursuant to section 5037(f),
as amended by subsection (a), not later than 180 days after
the date of the enactment of this Act.
(c) CONFORMING AMENDMENT TO ADULT SENTENCING
SECTION.—Section 3553 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY
MINIMUMS
IN
CERTAIN
PROSECUTIONS
OF
PERSONS
UNDER THE AGE OF 16.—Notwithstanding any other pro-
vision of law, in the case of a defendant convicted for con-
duct that occurred before the juvenile attained the age of
16 years, the court shall impose a sentence without regard
to any statutory minimum sentence, if the court finds at
sentencing, after affording the Government an opportunity
to make a recommendation, that the juvenile has not been
previously adjudicated delinquent for or convicted of an of-
fense described in section 5032(b)(1)(B).’’.
SEC. 107. JUVENILE RECORDS AND FINGERPRINTING.
Section 5038 of title 18, United States Code, is amend-
ed to read as follows:
‘‘§ 5038. Juvenile records and fingerprinting
‘‘(a)(1) Throughout and upon the completion of the ju-
venile delinquency proceeding under section 5032(a), the
court shall keep a record relating to the arrest and adju-
dication that is—
‘‘(A) equivalent to the record that would be kept
of an adult arrest and conviction for such an offense;
and
‘‘(B) retained for a period of time that is equal
to the period of time records are kept for adult convic-
tions.
‘‘(2) Such records shall be made available for official
purposes, including communications with any victim or,
in the case of a deceased victim, such victim’s representa-
tive, or school officials, and to the public to the same extent
as court records regarding the criminal prosecutions of
adults are available.
‘‘(b) The Attorney General shall establish guidelines for
fingerprinting and photographing a juvenile who is the sub-
ject of any proceeding authorized under this chapter. Such
guidelines shall address the availability of pictures of any
juvenile taken into custody but not prosecuted as an adult.
Fingerprints and photographs of a juvenile who is pros-
ecuted as an adult shall be made available in the manner
applicable to adult offenders.
‘‘(c) Whenever a juvenile has been adjudicated delin-
quent for an act that, if committed by an adult, would be
a felony or for a violation of section 924(a)(6), the court
shall transmit to the Federal Bureau of Investigation the
information concerning the adjudication, including name,
date of adjudication, court, offenses, and sentence, along
with the notation that the matter was a juvenile adjudica-
tion.
‘‘(d) In addition to any other authorization under this
section for the reporting, retention, disclosure, or availabil-
ity of records or information, if the law of the State in
which a Federal juvenile delinquency proceeding takes place
permits or requires the reporting, retention, disclosure, or
availability of records or information relating to a juvenile
or to a juvenile delinquency proceeding or adjudication in
certain circumstances, then such reporting, retention, dis-
closure, or availability is permitted under this section
whenever the same circumstances exist.’’.
SEC. 108. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND
5034.
(a) ELIMINATION OF PRONOUNS.—Sections 5031 and
5034 of title 18, United States Code, are each amended by
striking ‘‘his’’ each place it appears and inserting ‘‘the juve-
nile’s’’.
(b) UPDATING OF REFERENCE.—Section 5034 of title
18, United States Code, is amended—
(1) in the heading of such section, by striking
‘‘magistrate’’ and inserting ‘‘judicial officer’’;
and
(2) by striking ‘‘magistrate’’ each place it ap-
pears and inserting ‘‘judicial officer’’.
SEC. 109. CLERICAL AMENDMENTS TO TABLE OF SECTIONS
FOR CHAPTER 403.
The heading and the table of sections at the beginning
of chapter 403 of title 18, United States Code, is amended
to read as follows:
‘‘CHAPTER 403—JUVENILE DELINQUENCY
‘‘Sec.
‘‘5031. Definitions.
‘‘5032. Delinquency proceedings or criminal prosecutions in district courts.
‘‘5033. Custody prior to appearance before judicial officer.
‘‘5034. Duties of judicial officer.
‘‘5035. Detention prior to disposition or sentencing.
‘‘5036. Speedy trial.
‘‘5037. Disposition.
‘‘5038. Juvenile records and fingerprinting.
‘‘5039. Commitment.
‘‘5040. Support.
‘‘5041. Repealed.
‘‘5042. Revocation of probation.’’.
TITLE II—APPREHENDING
ARMED VIOLENT YOUTH
SEC. 201. ARMED VIOLENT YOUTH APPREHENSION DIREC-
TIVE.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Attorney General of
the United States shall establish an armed violent youth
apprehension program consistent with the following re-
quirements:
(1) Each United States attorney shall designate
at least 1 assistant United States attorney to pros-
ecute, on either a full- or part-time basis, armed vio-
lent youth.
(2) Each United States attorney shall establish
an armed youth criminal apprehension task force
comprised of appropriate law enforcement representa-
tives. The task force shall develop strategies for remov-
ing armed violent youth from the streets, taking into
consideration—
(A) the importance of severe punishment in
deterring armed violent youth crime;
(B) the effectiveness of Federal and State
laws pertaining to apprehension and prosecution
of armed violent youth;
(C) the resources available to each law en-
forcement agency participating in the task force;
(D) the nature and extent of the violent
youth crime occurring in the district for which
the United States attorney is appointed; and
(E) the principle of limited Federal involve-
ment in the prosecution of crimes traditionally
prosecuted in State and local jurisdictions.
(3) Not less frequently than bimonthly, the Attor-
ney General shall require each United States attorney
to report to the Department of Justice the number of
youths charged with, or convicted of, violating section
922(g) or 924 of title 18, United States Code, in the
district for which the United States attorney is ap-
pointed and the number of youths referred to a State
for prosecution for similar offenses.
(4) Not less frequently than twice annually, the
Attorney General shall submit to the Congress a com-
pilation of the information received by the Depart-
ment of Justice pursuant to paragraph (3) and a re-
port on all waivers granted under subsection (b).
(b) WAIVER AUTHORITY.—
(1) REQUEST FOR WAIVER.—A United States at-
torney may request the Attorney General to waive the
requirements of subsection (a) with respect to the
United States attorney.
(2) PROVISION OF WAIVER.—The Attorney Gen-
eral may waive the requirements of subsection (a)
pursuant to a request made under paragraph (1), in
accordance with guidelines which shall be established
by the Attorney General. In establishing the guide-
lines, the Attorney General shall take into consider-
ation the number of assistant United States attorneys
in the office of the United States attorney making the
request and the level of violent youth crime committed
in the district for which the United States attorney
is appointed.
(c) ARMED VIOLENT YOUTH DEFINED.—As used in
this section, the term ‘‘armed violent youth’’ means a person
who has not attained 18 years of age and is accused of vio-
lating—
(1) section 922(g)(1) of title 18, United States
Code, having been previously convicted of—
(A) a violent crime; or
(B) conduct that would have been a violent
crime had the person been an adult; or
(2) section 924 of such title.
(d) SUNSET.—This section shall have no force or effect
after the 5-year period that begins 180 days after the date
of the enactment of this Act.
TITLE 
III—ACCOUNTABILITY
FOR JUVENILE OFFENDERS
AND PUBLIC PROTECTION IN-
CENTIVE GRANTS
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Juvenile Accountability
Block Grants Act of 1997’’.
SEC. 302. BLOCK GRANT PROGRAM.
(a) IN GENERAL.—Part R of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796
et seq.) is amended to read as follows:
‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK
GRANTS
‘‘SEC. 1801. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Director of the Bureau of Jus-
tice Assistance is authorized to provide grants to States,
for use by States and units of local government, and in
certain cases directly to eligible units.
‘‘(b) AUTHORIZED ACTIVITIES.—Amounts paid to a
State, a unit of local government, or an eligible unit under
this part shall be used by the State, unit of local govern-
ment, or eligible unit for the purpose of promoting greater
accountability in the juvenile justice system, which in-
cludes—
‘‘(1) building, expanding or operating temporary
or permanent juvenile correction or detention facili-
ties;
‘‘(2) developing and administering accountabil-
ity-based sanctions for juvenile offenders;
‘‘(3) hiring additional juvenile judges, probation
officers, and court-appointed defenders, and funding
pre-trial services for juveniles, to ensure the smooth
and expeditious administration of the juvenile justice
system;
‘‘(4) hiring additional prosecutors, so that more
cases involving violent juvenile offenders can be pros-
ecuted and backlogs reduced;
‘‘(5) providing funding to enable prosecutors to
address drug, gang, and youth violence problems more
effectively;
‘‘(6) providing funding for technology, equip-
ment, and training to assist prosecutors in identify-
ing and expediting the prosecution of violent juvenile
offenders;
‘‘(7) providing funding to enable juvenile courts
and juvenile probation offices to be more effective and
efficient in holding juvenile offenders accountable and
reducing recidivism;
‘‘(8) the establishment of court-based juvenile jus-
tice programs that target young firearms offenders
through the establishment of juvenile gun courts for
the adjudication and prosecution of juvenile firearms
offenders;
‘‘(9) the establishment of drug court programs
for juveniles so as to provide continuing judicial su-
pervision over juvenile offenders with substance abuse
problems and to provide the integrated administra-
tion of other sanctions and services;
‘‘(10) establishing and maintaining interagency
information-sharing programs that enable the juvenile
and criminal justice system, schools, and social serv-
ices agencies to make more informed decisions regard-
ing the early identification, control, supervision, and
treatment of juveniles who repeatedly commit serious
delinquent or criminal acts; and
‘‘(11) establishing and maintaining accountabil-
ity-based programs that work with juvenile offenders
who are referred by law enforcement agencies, or
which are designed, in cooperation with law enforce-
ment officials, to protect students and school person-
nel from drug, gang, and youth violence.
‘‘SEC. 1802. GRANT ELIGIBILITY.
‘‘(a) STATE ELIGIBILITY.—To be eligible to receive a
grant under this section, a State shall submit to the Direc-
tor an application at such time, in such form, and contain-
ing such assurances and information as the Director may
require by rule, including assurances that the State and
any unit of local government to which the State provides
funding under section 1803(b), has in effect (or will have
in effect not later than 1 year after the date a State submits
such application) laws, or has implemented (or will imple-
ment not later than 1 year after the date a State submits
such application) policies and programs, that—
‘‘(1) ensure that juveniles who commit an act
after attaining 15 years of age that would be a seri-
ous violent crime if committed by an adult are treat-
ed as adults for purposes of prosecution as a matter
of law, or that the prosecutor has the authority to
determine whether or not to prosecute such juveniles
as adults;
‘‘(2) impose sanctions on juvenile offenders for
every delinquent or criminal act, or violation of pro-
bation, ensuring that such sanctions escalate in sever-
ity with each subsequent, more serious delinquent or
criminal act, or violation of probation, including
such accountability-based sanctions as—
‘‘(A) restitution;
‘‘(B) community service;
‘‘(C) punishment imposed by community
accountability councils comprised of individuals
from the offender’s and victim’s communities;
‘‘(D) fines; and
‘‘(E) short-term confinement;
‘‘(3) establish at a minimum a system of records
relating to any adjudication of a juvenile who has a
prior delinquency adjudication and who is adju-
dicated delinquent for conduct that if committed by
an adult would constitute a felony under Federal or
State law which is a system equivalent to that main-
tained for adults who commit felonies under Federal
or State law; and