107TH CONGRESS
1ST SESSION
H. R. 863
AN ACT
To provide grants to ensure increased
accountability for juvenile offenders.
107TH CONGRESS
1ST SESSION
H. R. 863
AN ACT
To provide grants to ensure increased accountability for
juvenile offenders.
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 ‘‘Consequences for Juve-
nile Offenders Act of 2001’’.
SEC. 2. GRANT PROGRAM.
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 Attorney General is author-
ized to provide grants to States, for use by States and
units of local government, and in certain cases directly to
specially qualified units.
‘‘(b) AUTHORIZED ACTIVITIES.—Amounts paid to a
State or a unit of local government under this part shall
be used by the State or unit of local government for the
purpose of strengthening the juvenile justice system,
which includes—
‘‘(1) developing, implementing, and admin-
istering graduated sanctions for juvenile offenders;
‘‘(2) building, expanding, renovating, or oper-
ating temporary or permanent juvenile correction,
detention, or community corrections facilities;
‘‘(3) hiring juvenile court judges, probation offi-
cers, and court-appointed defenders and special ad-
vocates, and funding pretrial services (including
mental health screening and assessment) for juvenile
offenders, to promote the effective and expeditious
administration of the juvenile justice system;
‘‘(4) hiring additional prosecutors, so that more
cases involving violent juvenile offenders can be
prosecuted and case backlogs reduced;
‘‘(5) providing funding to enable prosecutors to
address drug, gang, and youth violence problems
more effectively and for technology, equipment, and
training to assist prosecutors in identifying and ex-
pediting the prosecution of violent juvenile offenders;
‘‘(6) establishing and maintaining training pro-
grams for law enforcement and other court per-
sonnel with respect to preventing and controlling ju-
venile crime;
‘‘(7) establishing juvenile gun courts for the
prosecution and adjudication of juvenile firearms of-
fenders;
‘‘(8) establishing drug court programs for juve-
nile offenders that provide continuing judicial super-
vision over juvenile offenders with substance abuse
problems and the integrated administration of other
sanctions and services for such offenders;
‘‘(9) establishing and maintaining a system of
juvenile records designed to promote public safety;
‘‘(10) establishing and maintaining interagency
information-sharing programs that enable the juve-
nile and criminal justice systems, schools, and social
services agencies to make more informed decisions
regarding the early identification, control, super-
vision, and treatment of juveniles who repeatedly
commit serious delinquent or criminal acts;
‘‘(11) establishing and maintaining account-
ability-based programs designed to reduce recidivism
among juveniles who are referred by law enforce-
ment personnel or agencies;
‘‘(12) establishing and maintaining programs to
conduct risk and need assessments of juvenile of-
fenders that facilitate the effective early intervention
and the provision of comprehensive services, includ-
ing mental health screening and treatment and sub-
stance abuse testing and treatment to such offend-
ers;
‘‘(13) establishing and maintaining account-
ability-based programs that are designed to enhance
school safety;
‘‘(14) establishing and maintaining restorative
justice programs;
‘‘(15) establishing and maintaining programs to
enable juvenile courts and juvenile probation officers
to be more effective and efficient in holding juvenile
offenders accountable and reducing recidivism; or
‘‘(16) hiring detention and corrections per-
sonnel, and establishing and maintaining training
programs for such personnel to improve facility
practices and programming.
‘‘(c) DEFINITION.—For purposes of this section, the
term ‘restorative justice program’ means a program that
emphasizes the moral accountability of an offender toward
the victim and the affected community, and may include
community reparations boards, restitution (in the form of
monetary payment or service to the victim or, where no
victim can be identified, service to the affected commu-
nity), and mediation between victim and offender.
‘‘SEC. 1802. GRANT ELIGIBILITY.
‘‘(a) STATE ELIGIBILITY.—To be eligible to receive
a grant under this section, a State shall submit to the
Attorney General an application at such time, in such
form, and containing such assurances and information as
the Attorney General may require by guidelines,
including—
‘‘(1) information about—
‘‘(A) the activities proposed to be carried
out with such grant; and
‘‘(B) the criteria by which the State pro-
poses to assess the effectiveness of such activi-
ties on achieving the purposes of this part; and
‘‘(2) assurances that the State and any unit of
local government to which the State provides fund-
ing under section 1803(b), has in effect (or shall
have in effect, not later than 1 year after the date
that the State submits such application) laws, or has
implemented (or shall implement, not later than 1
year after the date that the State submits such ap-
plication) policies and programs, that provide for a
system of graduated sanctions described in sub-
section (c).
‘‘(b) LOCAL ELIGIBILITY.—
‘‘(1) SUBGRANT ELIGIBILITY.—To be eligible to
receive a subgrant, a unit of local government, other
than a specially qualified unit, shall provide to the
State—
‘‘(A) information about—
‘‘(i) the activities proposed to be car-
ried out with such subgrant; and
‘‘(ii) the criteria by which the unit
proposes to assess the effectiveness of such
activities on achieving the purposes of this
part; and
‘‘(B) such assurances as the State shall re-
quire, that, to the maximum extent applicable,
the unit of local government has in effect (or
shall have in effect, not later than 1 year after
the date that the unit submits such application)
laws, or has implemented (or shall implement,
not later than 1 year after the date that the
unit submits such application) policies and pro-
grams, that provide for a system of graduated
sanctions described in subsection (c).
‘‘(2) SPECIAL
RULE.—The requirements of
paragraph (1) shall apply to a specially qualified
unit that receives funds from the Attorney General
under section 1803(e), except that information that
is otherwise required to be submitted to the State
shall be submitted to the Attorney General.
‘‘(c) GRADUATED SANCTIONS.—A system of grad-
uated sanctions, which may be discretionary as provided
in subsection (d), shall ensure, at a minimum, that—
‘‘(1) sanctions are imposed on a juvenile of-
fender for each delinquent offense;
‘‘(2) sanctions escalate in intensity with each
subsequent, more serious delinquent offense;
‘‘(3) there is sufficient flexibility to allow for in-
dividualized sanctions and services suited to the indi-
vidual juvenile offender; and
‘‘(4) appropriate consideration is given to public
safety and victims of crime.
‘‘(d) DISCRETIONARY USE OF SANCTIONS.—
‘‘(1) VOLUNTARY PARTICIPATION.—A State or
unit of local government may be eligible to receive
a grant under this part if—
‘‘(A) its system of graduated sanctions is
discretionary; and
‘‘(B) it demonstrates that it has promoted
the use of a system of graduated sanctions by
taking steps to encourage implementation of
such a system by juvenile courts.
‘‘(2) REPORTING REQUIREMENT IF GRADUATED
SANCTIONS NOT USED.—
‘‘(A) JUVENILE COURTS.—A State or unit
of local government in which the imposition of
graduated sanctions is discretionary shall re-
quire 
each 
juvenile 
court 
within 
its
jurisdiction—
‘‘(i) which has not implemented a sys-
tem of graduated sanctions, to submit an
annual report that explains why such court
did not implement graduated sanctions;
and
‘‘(ii) which has implemented a system
of graduated sanctions but has not im-
posed graduated sanctions in all cases, to
submit an annual report that explains why
such court did not impose graduated sanc-
tions in all cases.
‘‘(B) UNITS
OF
LOCAL
GOVERNMENT.—
Each unit of local government, other than a
specially qualified unit, that has 1 or more juve-
nile courts that use a discretionary system of
graduated sanctions shall collect the informa-
tion reported under subparagraph (A) for sub-
mission to the State each year.
‘‘(C) STATES.—Each State and specially
qualified unit that has 1 or more juvenile courts
that use a discretionary system of graduated
sanctions shall collect the information reported
under subparagraph (A) for submission to the
Attorney General each year. A State shall also
collect and submit to the Attorney General the
information collected under subparagraph (B).
‘‘(e) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘discretionary’ means that a sys-
tem of graduated sanctions is not required to be im-
posed by each and every juvenile court in a State or
unit of local government.
‘‘(2) The term ‘sanctions’ means tangible, pro-
portional consequences that hold the juvenile of-
fender accountable for the offense committed. A
sanction may include counseling, restitution, commu-
nity service, a fine, supervised probation, or confine-
ment.
‘‘SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE ALLOCATION.—
‘‘(1) IN GENERAL.—In accordance with regula-
tions promulgated pursuant to this part and except
as provided in paragraph (3), the Attorney General
shall allocate—
‘‘(A) 0.50 percent for each State; and
‘‘(B) of the total funds remaining after the
allocation under subparagraph (A), to each
State, an amount which bears the same ratio to
the amount of remaining funds described in this
subparagraph as the population of people under
the age of 18 living in such State for the most
recent calendar year in which such data is
available bears to the population of people
under the age of 18 of all the States for such
fiscal year.
‘‘(2) PROHIBITION.—No funds allocated to a
State under this subsection or received by a State
for distribution under subsection (b) may be distrib-
uted by the Attorney General or by the State in-
volved for any program other than a program con-
tained in an approved application.
‘‘(b) LOCAL DISTRIBUTION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each State which receives funds under
subsection (a)(1) in a fiscal year shall distribute
among units of local government, for the purposes
specified in section 1801, not less than 75 percent
of such amounts received.
‘‘(2) WAIVER.—If a State submits to the Attor-
ney General an application for waiver that dem-
onstrates and certifies to the Attorney General
that—
‘‘(A) the State’s juvenile justice expendi-
tures in the fiscal year preceding the date in
which an application is submitted under this
part (the ‘State percentage’) is more than 25
percent of the aggregate amount of juvenile jus-
tice expenditures by the State and its eligible
units of local government; and
‘‘(B) the State has consulted with as many
units of local government in such State, or or-
ganizations representing such units, as prac-
ticable regarding the State’s calculation of ex-
penditures under subparagraph (A), the State’s
application for waiver under this paragraph,
and the State’s proposed uses of funds,
the percentage referred to in paragraph (1) shall
equal the percentage determined by subtracting the
State percentage from 100 percent.
‘‘(3) ALLOCATION.—In making the distribution
under paragraph (1), the State shall allocate to such
units of local government an amount which bears
the same ratio to the aggregate amount of such
funds as—
‘‘(A) the sum of—
‘‘(i) the product of—
‘‘(I) three-quarters; multiplied by
‘‘(II) the average juvenile justice
expenditure for such unit of local gov-
ernment for the 3 most recent cal-
endar years for which such data is
available; plus
‘‘(ii) the product of—
‘‘(I) one-quarter; multiplied by
‘‘(II) the average annual number
of part 1 violent crimes in such unit
of local government for the 3 most re-
cent calendar years for which such
data is available, bears to—
‘‘(B) the sum of the products determined
under subparagraph (A) for all such units of
local government in the State.
‘‘(4) EXPENDITURES.—The allocation any unit
of local government shall receive under paragraph
(3) for a payment period shall not exceed 100 per-
cent of juvenile justice expenditures of the unit for
such payment period.
‘‘(5) REALLOCATION.—The amount of any unit
of local government’s allocation that is not available
to such unit by operation of paragraph (4) shall be
available to other units of local government that are
not affected by such operation in accordance with
this subsection.
‘‘(c) UNAVAILABILITY
OF DATA
FOR UNITS
OF
LOCAL GOVERNMENT.—If the State has reason to believe
that the reported rate of part 1 violent crimes or juvenile