I
104TH CONGRESS
2D SESSION
H. R. 3445
To make changes in Federal juvenile justice proceedings, and to foster youth
development and prevent juvenile crime and delinquency.
IN THE HOUSE OF REPRESENTATIVES
MAY 10, 1996
Mr. SCHUMER introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Economic
and Educational Opportunities, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To make changes in Federal juvenile justice proceedings,
and to foster youth development and prevent juvenile
crime and delinquency.
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 ‘‘Balanced Juvenile Jus-
tice and Crime Prevention Act of 1996’’.
SEC. 2. FINDINGS; TABLE OF CONTENTS.
(a) FINDINGS.—Congress finds the following:
(1) Violent juvenile crime is increasing both in
frequency and severity.
(2) The system of criminal justice for juveniles
has not kept up with the changing nature of juvenile
crime. Many acts of juvenile delinquency can be ap-
propriately handled under existing court procedures,
but adequate response to the increasingly violent
criminal acts of the more serious juvenile offenders
demands major procedural changes to ensure prompt
and effective criminal prosecutions and punishment.
(3) Penalties imposed under the current juve-
nile justice system also have failed to keep pace with
and deter violent juvenile crime.
(4) To deter violent juvenile crime, and protect
innocent Americans, prosecutors must be empowered
to prosecute particularly serious juvenile offenders
as adults.
(5) Drugs and gun-related crime threaten the
life and well-being of American youth and the future
of the Nation.
(6) The number of American youths killing
with, and killed by firearms has increased.
(7) To deter the use of firearms in the commis-
sion of crime, and to protect the law abiding public
there must be swift disposition of gun related of-
fenses in our courts, and there must be the certain
prospect of punishment for those who commit such
crimes.
(8) Drug use and addiction among American
youth has increased, and only with a comprehensive
strategy of deterrence through education and sure
punishment, in tandem with provision of treatment
for addicted youth, can American youth grow into
productive and responsible citizens and parents.
(9) Gangs have spread nationwide, inhabit
cities large and small, and have growing juvenile
membership.
(10) The use of illegal drugs supports the drug
trafficking industry and the often violent crime asso-
ciated with the drug trade.
(11) Drug courts effectively address drug-relat-
ed crime by offering intensive treatment to non-
violent, drug addicted offenders who seek to become
drug free.
(12) The responsiveness of community-based
organizations to local community values and con-
cerns, allow such organizations to effectively create
and implement youth development programs.
(13) The problems facing troubled youth de-
mand a cooperative effort involving parents, schools,
local government, law enforcement, juvenile and
family courts, and community-based organizations.
(14) A lack of youth programs providing mean-
ingful and positive after school activities for at-risk
youth contributes to the proliferation of violent juve-
nile crime, including gang-related violence and drug
trafficking, and the overall hopelessness among the
Nation’s youth.
(15) Although parents have responsibility for
the social, moral, emotional, physical, and cognitive
development of their children, social and demo-
graphic changes in recent decades have had a sig-
nificant effect on family life and youth development,
increasing the need for programs to strengthen fami-
lies and help parents meet the social, moral, emo-
tional, physical, and cognitive needs of their chil-
dren.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title.
Sec. 2. Findings; table of contents.
TITLE I—ENHANCED PROSECUTION OF DANGEROUS JUVENILE
OFFENDERS
Sec. 101. Short title.
Sec. 102. Delinquency proceedings or criminal prosecutions in district courts.
Sec. 103. Custody prior to appearance before judicial officer.
Sec. 104. Technical and conforming amendments to section 5034.
Sec. 105. Detention prior to disposition or sentencing.
Sec. 106. Speedy trial.
Sec. 107. Disposition; availability of increased detention, fines and supervised
release for juvenile offenders.
Sec. 108. Records of crimes committed by juvenile delinquents.
Sec. 109. Restriction on commitment.
Sec. 110. Technical amendments of sections 5031 and 5034.
Sec. 111. Serious juvenile delinquency drug trafficking adjudications as armed
career criminal act predicates.
Sec. 112. Clerical amendments to table of sections for chapter.
TITLE II—YOUTH DEVELOPMENT AND JUVENILE CRIME
PREVENTION
Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A—Juvenile Gun Courts
Sec. 211. Grant authorization.
Sec. 212. Uses of funds.
Sec. 213. Applications.
Sec. 214. Grant awards.
Sec. 215. Limitations on grants; renewal of grants.
Sec. 216. Federal share.
Sec. 217. Report and evaluation.
Sec. 218. Definition.
Sec. 219. Authorization of appropriations.
Subtitle B—Community-Based Juvenile Justice Grants For Prosecutors
Sec. 221. Grant authorization.
Sec. 222. Uses of funds.
Sec. 223. Applications.
Sec. 224. Grant awards.
Sec. 225. Allocation of funds; limitations on grants.
Sec. 226. Reports.
Sec. 227. Definitions.
Sec. 228. Authorization of appropriations.
Subtitle C—Juvenile Drug Courts
Sec. 231. Juvenile drug courts.
Subtitle D—After School Crime Prevention Act
Sec. 241. Short title.
Sec. 242. Program authority.
Sec. 243. Program requirements.
Sec. 244. Applications.
Sec. 245. Eligibility of participants.
Sec. 246. Investigations and inspections.
Sec. 247. Federal share.
Sec. 248. Definitions.
Sec. 249. Authorization of appropriations.
TITLE I—ENHANCED PROSECU-
TION OF DANGEROUS JUVE-
NILE OFFENDERS
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Enhanced Prosecution
of Dangerous Juvenile Offenders Act of 1996’’.
SEC. 102. DELINQUENCY PROCEEDINGS OR CRIMINAL
PROSECUTIONS IN DISTRICT COURTS.
(a) IN GENERAL.—Section 5032 of title 18, United
States Code, is amended to read as follows:
‘‘§ 5032. Delinquency proceedings or criminal pros-
ecutions in district courts
‘‘(a)(1) A juvenile alleged to have committed an of-
fense against the United States or an act of juvenile delin-
quency may be surrendered to State authorities or pro-
ceeded against as a juvenile under this subsection, or tried
as an adult in the circumstances described in subsections
(b) and (c).
‘‘(2) Such juvenile may be proceeded against as a ju-
venile in a court of the United States under this subsection
if the Attorney General, after investigation certifies to the
appropriate United States district court that—
‘‘(A)(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 such act of alleged juvenile delinquency,
or
‘‘(ii) the offense charged is described in sub-
section (b)(2), and
‘‘(B) 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, 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 not surrendered to the authori-
ties of a State pursuant to 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,
in chambers or otherwise. The Attorney General shall pro-
ceed by information or as authorized by section 3401(g)
of this title, and no criminal prosecution shall be instituted
except as provided in this chapter.
‘‘(b) A juvenile may be prosecuted as an adult—
‘‘(1) if the juvenile has requested in writing
upon advice of counsel to be prosecuted as an adult;
or
‘‘(2) if the juvenile is alleged to have committed
an act after the juvenile attains the age of 15 years
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), 922(x), or subsection (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 violate an offense de-
scribed in any of subparagraphs (A) through
(E); 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 Sub-
stances Act (21 U.S.C. 849, 860), or an offense
described in section 1002(a), 1003, 1005, or
1009 of the Controlled Substances Import and
Export Act (21 U.S.C. 952(a), 953, 955, or
959).
‘‘(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 but before
the juvenile has attained the age of 15 years, which if com-
mitted by an adult would be an offense described in any
of subparagraphs (A) through (F) of subsection (b)(2),
upon approval of the Attorney General or the Attorney
General’s designee.
‘‘(2) Any such designee shall be at a level not 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 jurisdic-
tion 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 commission in Indian country (as defined in section
1151), unless the governing body of the tribe having juris-
diction over the place in which the alleged act was commit-
ted has before such act notified the Attorney General in
writing of its election that prosecution may take place
under this subsection.
‘‘(d) A determination to approve or not to approve,
or to institute or not to institute, a prosecution under sub-
section (b) or (c) 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 Fed-
eral Rules of Criminal Procedure, and may also be con-
victed of a lesser included offense.’’.
(b) CONFORMING AMENDMENT
TO DEFINITIONS
SECTION.—Section 5031 of title 18, United States Code,
is amended by adding at the end the following: ‘‘As used
in this chapter, 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 fed-
erally recognized tribe.’’.
SEC. 103. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI-
CIAL OFFICER.
Section 5033 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5033. Custody prior to appearance before judicial
officer
‘‘(a) Whenever a juvenile is taken into custody, the
arresting officer shall immediately advise such juvenile of
the juvenile’s rights, in language comprehensible to a juve-
nile. The arresting officer shall promptly take reasonable
steps to notify the juvenile’s parents, guardian, or custo-
dian 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 offi-
cer without unreasonable delay.’’.
SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS TO
SECTION 5034.
Section 5034 of title 18, United States Code, is
amended—
(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) by designating the 3 paragraphs as para-
graphs (1), (2), and (3), respectively; and
(4) by inserting at the beginning of such section
before those paragraphs the following:‘‘In a proceed-
ing under section 5032(a)—’’.
SEC. 105. DETENTION PRIOR TO DISPOSITION OR SENTENC-
ING.
Section 5035 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5035. Detention prior to disposition or sentencing
‘‘(a)(1) A juvenile 15 years of age or older prosecuted
pursuant to subsection (b) or (c) of section 5032, if de-
tained at any time prior to sentencing, shall be detained
in such suitable place as the Attorney General may des-
ignate. Preference shall be given to a place located within,
or within a reasonable distance of, the district in which
the juvenile is being prosecuted.
‘‘(2) A juvenile less than 15 years of age prosecuted
pursuant to subsection (b) or (c) of section 5032, if de-
tained at any time prior to sentencing, shall be detained
in a suitable juvenile facility located within, or within a
reasonable distance of, the district in which the juvenile
is being prosecuted. If such a facility is not available, such
a juvenile may be detained in any other suitable facility
located within, 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 15 years of age prosecuted pursuant to section sub-
section (b) or (c) of 5032 shall not be detained prior to
sentencing in any facility in which the juvenile has regular
contact with adult persons convicted of a crime or await-
ing trial on criminal charges.
‘‘(b) A juvenile proceeded against under section
5032(a) 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
medical care, including necessary psychiatric, psycho-
logical, or other care and treatment.’’.
SEC. 106. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is
amended by—
(1) striking ‘‘If an alleged delinquent’’ and in-
serting ‘‘If a juvenile proceeded against under sec-
tion 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. 107. DISPOSITION; AVAILABILITY OF INCREASED DE-
TENTION, FINES AND SUPERVISED RELEASE
FOR JUVENILE OFFENDERS.
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 find-
ing 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
promptly provide a copy to the juvenile, the juvenile’s
counsel, and the attorney for the Government. Victim im-
pact information shall be included in the report, and vic-
tims, or in appropriate cases their official representatives,
shall be provided the opportunity to make a statement to
the court in person or present any information in relation
to the disposition. After the dispositional hearing, and
after considering any pertinent policy statements promul-
gated by the Sentencing Commission pursuant to section
994 of title 28, the court shall enter an order of restitution
pursuant to section 3556 of this title, and may suspend
the findings of juvenile delinquency, place the juvenile on
probation, commit the juvenile to official detention (in-
cluding the possibility of a term of supervised release), and
impose any fine that would be authorized if the juvenile
had been tried and convicted as an adult. 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 the provisions of chapter 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 author-
ized by section 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 twen-
ty-six years old.
Section 3624 is applicable to an order placing a juvenile
in detention.
‘‘(d) The term for which supervised release may be
ordered for a juvenile found to be a juvenile delinquent
may not extend beyond 5 years. Subsections (c) through
(i) of sections 3583 apply to an order placing a juvenile
on supervised release.
‘‘(e) If the court desires more detailed information
concerning a juvenile alleged to have committed an act of
juvenile 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
appropriate agency or entity. Such observation and study
shall be conducted on an outpatient basis, unless the court
determines that inpatient observation and study are nec-
essary to obtain the desired information. In the case of
an alleged juvenile delinquent, inpatient study may be or-
dered only with the consent of the juvenile and the juve-
nile’s attorney. The agency or entity shall make a complete
study of the alleged or adjudicated delinquent to ascertain
the juvenile’s personal traits, capabilities, background,
previous delinquency or criminal experience, mental or
physical defect, and any other relevant factors. The Attor-
ney General shall submit to the court and the attorneys
for the juvenile and the Government the results of the
study within 30 days after the commitment of the juvenile,
unless the court grants additional time. Time spent in cus-
tody under this subsection shall be excluded for purposes
of section 5036.
‘‘(f) With respect to any juvenile prosecuted and con-
victed as an adult under section 5032(c), the court may,
pursuant to guidelines promulgated by the United States
Sentencing Commission under section 994 of title 28, de-
termine to treat the conviction as an adjudication of delin-
quency and impose any disposition authorized under this
section. The United States Sentencing Commission shall
promulgate such guidelines as soon as practicable and not
later than one year from the date of enactment of the En-
hanced Prosecution of Dangerous Juvenile Offenders Act
of 1996.’’.
SEC. 108. RECORDS OF CRIMES COMMITTED BY JUVENILE
DELINQUENTS.
Section 5038 of title 18, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘Throughout
and’’ and all that follows through the colon and in-
serting the following: ‘‘Throughout and upon com-
pletion of the juvenile delinquency proceeding, the
court records of the original proceeding shall be
safeguarded from disclosure to unauthorized per-
sons. The records shall be released to the extent nec-
essary to meet the following circumstances:’’;
(2) in subsection (a)(3), by inserting before the
semicolon ‘‘or analysis requested by the Attorney
General’’;
(3) in subsection (a), so that paragraph (6)
reads as follows:
‘‘(6) communications with any victim of such
juvenile delinquency, or in appropriate cases with
the official representative of the victim, in order to
apprise such victim or representative of the status or
disposition of the proceeding or in order to effec-
tuate any other provision of law or to assist in a vic-
tim’s, or the victim’s official representative’s, allocu-
tion at disposition.’’; and
(4) by striking subsections (d) and (f), by re-
designating subsection (e) as subsection (d), by in-
serting ‘‘pursuant to section 5032 (b) or (c)’’ after
‘‘adult’’ in subsection (d) as so redesignated, and by
adding at the end new subsections (e) through (f) as
follows:
‘‘(e) 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 922(x), the juvenile
shall be fingerprinted and photographed, and the finger-
prints and photograph shall be sent to the Federal Bureau
of Investigation. The court shall also transmit to the Fed-
eral 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 adjudication. The fingerprints,
photograph, and other records and information relating to
a juvenile described in this subsection, or to a juvenile who
is prosecuted as an adult pursuant to section 5032 (b)
or (c), shall be made available in the manner applicable
to adult defendants.
‘‘(f) In addition to any other authorization under this
section for the reporting, retention, disclosure, or avail-
ability 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, disclo-
sure, or availability of records or information relating to
a juvenile or to a juvenile delinquency proceeding or adju-
dication in certain circumstances, then such reporting, re-
tention, disclosure, or availability is permitted under this
section whenever the same circumstances exist.’’.
SEC. 109. RESTRICTION ON COMMITMENT.
Section 5039 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5039. Commitment
‘‘(a) The Attorney General shall not cause any juve-
nile less than 21 years of age adjudicated delinquent under
section 5032(a) to be placed or retained in an adult jail
or correctional facility in which the juvenile has regular
contact with adults incarcerated because they have been
convicted of a crime or are awaiting trial on criminal
charges, except for placement in a community-based facil-
ity.
‘‘(b) Every juvenile adjudicated delinquent who has
been committed shall be provided with reasonable safety
and security and with adequate food, heat, light, sanitary
facilities, bedding, clothing, recreation, counseling, edu-
cation, training, and medical care including necessary psy-
chiatric, psychological, or other care and treatment.’’.
SEC. 110. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND
5034.
(a) SECTION 5031.—Sections 5031 and 5034 of title
18, United States Code, are each amended by striking
‘‘his’’ each place it appears and inserting ‘‘the juvenile’s’’.
(b) SECTION 5034.—Section 5034 of title 18, United
States Code, is amended by striking ‘‘magistrate’’ each
place it appears and inserting ‘‘judicial officer’’.
SEC. 111. SERIOUS JUVENILE DELINQUENCY DRUG TRAF-
FICKING ADJUDICATIONS AS ARMED CAREER
CRIMINAL ACT PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of clause (i);
(2) by inserting ‘‘or’’ at the end of clause (ii);
and
(3) by adding at the end the following:
‘‘(iii) any act of juvenile delinquency
that if committed by an adult would be a
serious drug offense described in this para-
graph;’’.
SEC. 112. CLERICAL AMENDMENTS TO TABLE OF SECTIONS
FOR CHAPTER.
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 magistrate.
‘‘5035. Detention prior to disposition or sentencing.
‘‘5036. Speedy trial.
‘‘5037. Disposition.
‘‘5038. Use of juvenile records.
‘‘5039. Commitment.
‘‘5040. Support.
‘‘5041. Repealed.
‘‘5042. Revocation of probation.’’.
TITLE II—YOUTH DEVELOPMENT
AND JUVENILE CRIME PRE-
VENTION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Youth Development and
Juvenile Crime Prevention Act of 1996’’.
SEC. 202. DEFINITIONS.
Unless otherwise provided, for purposes of this title—
(1) the term ‘‘juvenile’’ has the meaning given
such term under State law; and
(2) the term ‘‘State’’ means any of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico.
Subtitle A—Juvenile Gun Courts
SEC. 211. GRANT AUTHORIZATION.
The Attorney General may provide grants to States,
State courts, local courts, units of local government, and
Indian tribes, for court-based juvenile justice programs
that target young firearm offenders through the establish-
ment of juvenile gun courts.
SEC. 212. USES OF FUNDS.
Grants made by the Attorney General under this sec-
tion shall be used to fund programs that—
(1) establish juvenile gun courts for adjudica-
tion and prosecution of juvenile firearm offenders;
(2) grant prosecutorial discretion to try, in a
gun court, cases involving the illegal possession, use,
transfer, or threatened use of a firearm by a juve-
nile;
(3) require prosecutors to transfer such cases to
the gun court calendar not later than 30 days after
arraignment;
(4) require that gun court trials commence not
later than 60 days after transfer to the gun court;
(5) allow prosecution of appropriately aged of-
fenders as adults or juveniles in accordance with
State law;
(6) facilitate innovative and individualized sen-
tencing (such as incarceration, house arrest, elec-
tronic monitoring, restitution, and gang prevention
programs);
(7) provide services in furtherance of paragraph
(6);
(8) limit grounds for continuances and grant
continuances only for the shortest practicable time;
and
(9) allow transfer of a case or an offender out
of the gun court by agreement of the parties, subject
to court approval.
SEC. 213. APPLICATIONS.
(a) ELIGIBILITY.—In order to be eligible to receive
a grant under this subtitle, the chief executive or chief
justice of a State or the chief executive or chief judge of
a unit of local government or Indian tribe shall submit
an application to the Attorney General in such form and
containing such information as the Attorney General may
reasonably require.
(b) REQUIREMENTS.—Each application shall in-
clude—
(1) a request for funds for the purposes de-
scribed in section 212;
(2) a description of the communities to be
served by the grant, including the nature of juvenile
crime, juvenile violence, and juvenile firearm use and
possession in such communities;
(3) assurances that Federal funds received
under this subtitle shall be used to supplement, not
supplant, non-Federal funds that would otherwise be
available for activities funded under this section;
(4) statistical information in such form and
containing such information as the Attorney General
may require; and
(5) any additional requirements the Attorney
General may reasonably require.
(c) IMPLEMENTATION PLAN.—Each applicant shall
include a comprehensive implementation plan that con-
tains—
(1) a description of the applicant jurisdiction’s
juvenile crime and juvenile violence problem, includ-
ing gang crime, and juvenile firearm use and posses-
sion;
(2) an action plan outlining how the applicant
will achieve the purposes described in section 212;
and
(3) a description of any resources available in
the community to implement the plan.
SEC. 214. GRANT AWARDS.
(a) GRANT-MAKING CONSIDERATIONS.—The Attor-
ney General shall consider the following in awarding
grants under this subtitle:
(1) Demonstrated need and evidence of the abil-
ity to provide the services described in the plan re-
quired under section 213.
(2) To the extent practicable, achievement of an
equitable geographic distribution of grant awards.
(3) An allotment of .5 percent of the total
amount authorized each fiscal year for each State
that meets the requirements under this subtitle.
(b) AVAILABILITY OF FUNDS.—Amounts made avail-
able under this subtitle shall remain available until ex-
pended.
SEC. 215. LIMITATIONS ON GRANTS; RENEWAL OF GRANTS.
(a) ADMINISTRATIVE COST LIMITATION.—The Attor-
ney General and any grant recipient may each use not
more than 5 percent of the funds available under this sub-
title for administrative purposes and technical assistance.
(b) RENEWAL OF GRANTS.—A grant under this sub-
title may be renewed for not more than 2 additional years
after the first fiscal year during which the recipient re-
ceives its initial grant under this subtitle, subject to the
availability of funds, if—
(1) the Attorney General determines that the
funds made available to the recipient during the pre-
vious years were used in a manner required under
an approved application; and
(2) the Attorney General determines that an
additional grant is necessary to implement the com-
prehensive plan required by section 213.
SEC. 216. FEDERAL SHARE.
(a) IN GENERAL.—The Federal share of a grant
made under this subtitle may not exceed 90 percent of
the total costs of the program described in the application
submitted under section 213 for the fiscal year for which
the program receives assistance under this subtitle.
(b) WAIVER.—The Attorney General may waive, in
whole or in part, the requirement of a matching contribu-
tion under subsection (a).
(c) IN-KIND CONTRIBUTIONS.—In-kind contributions
may constitute a portion of the non-Federal share of a
grant under this subtitle.
SEC. 217. REPORT AND EVALUATION.
(a) REPORT TO THE ATTORNEY GENERAL.—States,
State courts, local courts, Indian tribes, or units of local
government that receive funds under this subtitle during
a fiscal year shall submit to the Attorney General not later
than March 1 of each year beginning in 1998, a report
that describes progress achieved in carrying out the plan
described under section 213.
(b) EVALUATION AND REPORT TO CONGRESS.—The
Attorney General shall submit to the Congress an evalua-
tion and report by October 1 of each year beginning in
1998, that contains a detailed statement regarding grant
awards, activities of grant recipients, a compilation of sta-
tistical information submitted by applicants, and an eval-
uation of programs established under this subtitle.
(c) DOCUMENTS AND INFORMATION.—Grant recipi-
ents shall provide the Attorney General with all relevant
documents and information that the Attorney General
deems necessary to conduct an evaluation of the effective-
ness of programs funded under this subtitle.
(d) CRITERIA.—In assessing the effectiveness of the
programs established and operated pursuant to this sub-
title, the Attorney General shall consider, at a minimum—
(1) the number of youths tried in gun court ses-
sions;
(2) recidivism rates of offenders tried in gun
court sessions;
(3) changes in the amount of gun and gang re-
lated crime in the jurisdiction of the grantee;
(4) the quantity of firearms and ammunition
recovered in gun court cases; and
(5) the costs of the program to the criminal jus-
tice system.
SEC. 218. DEFINITION.
For purposes of this subtitle the term ‘‘firearm of-
fender’’ means any individual charged with an offense in-
volving the illegal possession, use, transfer, or threatened
use of a firearm.
SEC. 219. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this subtitle—
(1) $50,000,000 for fiscal year 1997;
(2) $55,000,000 for fiscal year 1998;
(3) $60,000,000 for fiscal year 1999; and
(4) $60,000,000 for fiscal year 2000.
Subtitle B—Community-Based Ju-
venile Justice Grants For Pros-
ecutors
SEC. 221. GRANT AUTHORIZATION.
(a) IN GENERAL.—The Attorney General may pro-
vide grants to State prosecutors, Indian tribal prosecutors,
and local prosecutors to support the establishment or ex-
pansion of community-based juvenile justice programs.
(b) CONSULTATION.—The Attorney General may
consult with the Ounce of Prevention Council when mak-
ing grants under subsection (a).
SEC. 222. USES OF FUNDS.
Grants made by the Attorney General under this sec-
tion may be used—
(1) to fund programs that require the coopera-
tion and coordination of prosecutors, school officials,
police, probation officers, youth and social service
professionals, and community members in the effort
to reduce the incidence of, and increase the success-
ful identification and speed of prosecution of, violent
juvenile offenders;
(2) to fund programs in which prosecutors
focus on the juvenile offender, not simply the spe-
cific offense, and impose individualized sanctions,
designed to deter juvenile offenders from further
antisocial conduct, and impose increasingly serious
sanctions on juvenile offenders who continue to com-
mit offenses;
(3) to fund programs that coordinate criminal
justice resources with educational, social service, and
community resources to develop and deliver violence
prevention programs including mediation and other
conflict resolution methods, treatment, counseling,
educational, and recreational programs that create
alternatives to criminal activity; and
(4) in rural States (as defined in section
1501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)), to
fund cooperative efforts between State and local
prosecutors, victim advocacy and assistance groups,
social and community service providers, and law en-
forcement agencies to work in cooperation with the
community to develop education and prevention
strategies directed toward the issues with which such
entities are concerned.
SEC. 223. APPLICATIONS.
(a) ELIGIBILITY.—In order to be eligible to receive
a grant under this subtitle for any fiscal year, the chief
executive officer of the jurisdiction in which the program
will be located and the designated representative of a
State, Indian tribe, or local prosecutor shall submit an ap-
plication to the Attorney General in such form and con-
taining such information as the Attorney General may rea-
sonably require.
(b) REQUIREMENTS.—Each application shall in-
clude—
(1) a request for funds for the purposes de-
scribed in section 222;
(2) a description of the communities to be
served by the grant, including the nature of the ju-
venile crime, juvenile violence, and child abuse prob-
lems within such communities;
(3) assurances that Federal funds received
under this subtitle shall be used to supplement, not
supplant, non-Federal funds that would otherwise be
available for activities funded under this section; and
(4) statistical information in such form and
containing such information that the Attorney Gen-
eral may require.
(c) COMPREHENSIVE PLAN.—Each application shall
include a comprehensive plan that shall contain—
(1) a description of the juvenile violence or child
abuse crime problem;
(2) an action plan outlining how the applicant
will achieve the purposes described in section 222;
(3) a description of the resources available in
the community to implement the plan together with
a description of the services that cannot be provided
with existing resources; and
(4) a description of how the requested grant
will be used to provide such services.
SEC. 224. GRANT AWARDS.
The Attorney General shall consider the following in
awarding grants:
(1) Demonstrated need and evidence of the abil-
ity to provide the services described in the plan re-
quired under section 223.
(2) To the extent practicable, the achievement
of an equitable geographic distribution of grant
awards.
SEC. 
225. 
ALLOCATION 
OF 
FUNDS; 
LIMITATIONS 
ON
GRANTS.
(a) ADMINISTRATIVE COST LIMITATION.—The Attor-
ney General shall use not more than 5 percent of the funds
available under this subtitle for administration costs and
technical assistance.
(b) RENEWAL OF GRANTS.—A grant under this sub-
title may be renewed for not more than 2 additional years
after the first fiscal year during which the recipient re-
ceives its initial grant under this subtitle, subject to the
availability of funds, if—
(1) the Attorney General determines that the
funds made available to the recipient during the pre-
vious years were used in a manner required under
the approved application; and
(2) the Attorney General determines that an
additional grant is necessary to implement the com-
munity prosecution program designed in the com-
prehensive plan required by section 223.
SEC. 226. REPORTS.
(a) REPORT TO ATTORNEY GENERAL.—Recipients of
funds under this subtitle shall submit to the Attorney Gen-
eral a report not later than March 1 of each year begin-
ning in 1998, that describes progress achieved in carrying
out the plan described under section 223(c).
(b) REPORT TO CONGRESS.—The Attorney General
shall submit to the Congress a report by October 1 of each
year, beginning in 1998, in which grants are made avail-
able under this subtitle which shall contain a detailed
statement regarding grant awards, activities of grant re-
cipients, a compilation of statistical information submitted
by applicants, and an evaluation of programs established
under this subtitle.
SEC. 227. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘Indian tribe’’ means a tribe,
band, pueblo, nation, or other organized group or
community of Indians, including an Alaska Native
village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)), that is recognized as eligible for the special
programs and services provided by the United States
to Indians because of their status as Indians;
(2) the term ‘‘violent juvenile offender’’ means
an individual, considered a juvenile under State law,
who is charged with or has committed a violent of-
fense as defined in section 2503 of title I of the Om-
nibus Crime Control and Safe Streets Act of 1968;
and
(3) the term ‘‘juvenile offender’’ means an indi-
vidual who—
(A) is charged with an offense or against
whom the State is bringing a petition or equiva-
lent legal action; or
(B) has been convicted of, or adjudicated
as involved in or guilty of, an offense.
SEC. 228. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this subtitle—
(1) $15,000,000 for fiscal year 1997;
(2) $20,000,000 for fiscal year 1998;
(3) $20,000,000 for fiscal year 1999; and
(4) $20,000,000 for fiscal year 2000.
Subtitle C—Juvenile Drug Courts
SEC. 231. JUVENILE DRUG COURTS.
Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amend-
ed—
(1) by redesignating part Y as part Z;
(2) by redesignating section 2501 as 2601; and
(3) by inserting after part X the following new
part:
‘‘PART Y—JUVENILE DRUG COURTS
‘‘SEC. 2501. GRANT AUTHORITY.
‘‘(a) APPROPRIATE DRUG COURT PROGRAMS.—The
Attorney General may make grants to States, State
courts, local courts, units of local government, and Indian
tribes to establish programs that—
‘‘(1) continue judicial supervision over juvenile
offenders, other than violent juvenile offenders as
defined in section 227 of the Youth Development
and Juvenile Crime Prevention Act of 1996, with
substance abuse problems; and
‘‘(2) integrate administration of other sanctions
and services, which include—
‘‘(A) mandatory periodic testing for the
use of controlled substances or other addictive
substances during any period of supervised re-
lease or probation for each participant;
‘‘(B) substance abuse treatment for each
participant;
‘‘(C) diversion, probation, or other super-
vised release involving the possibility of prosecu-
tion, confinement, or incarceration based on
noncompliance with program requirements or
failure to show satisfactory progress;
‘‘(D) programmatic, offender management,
and aftercare services such as relapse preven-
tion, health care, education, vocational training,
job placement, housing placement, and child
care or other family support service for each
participant who requires such services;
‘‘(E) payment by the offender of treatment
costs, to the extent practicable, such as costs
for urinalysis or counseling; and
‘‘(F) payment by the offender of restitu-
tion, to the extent practicable, to either a victim
of the offender’s offense or to a restitution or
similar victim support fund.
‘‘(b) USE OF FUNDS FOR NECESSARY SUPPORT PRO-
GRAMS.—Grant recipients may use Federal grant funds
received under this subtitle to pay treatment, counseling,
and other related and necessary expenses not covered by
other Federal, State, Indian tribal, and local sources of
funding that would otherwise be available.
‘‘(c) CONTINUED AVAILABILITY OF GRANT FUNDS.—
Amounts made available under this part shall remain
available until expended.
‘‘SEC. 2502. PROHIBITION OF PARTICIPATION BY VIOLENT
OFFENDERS.
‘‘The Attorney General shall issue regulations and
guidelines to ensure that the programs authorized in this
part do not permit participation by violent offenders.
‘‘SEC. 2503. DEFINITION.
‘‘For purposes of this part, the term ‘violent offense’
means an offense during the course of which—
‘‘(1) the individual carried, possessed, or used a
firearm or dangerous weapon;
‘‘(2) the death of or serious bodily injury of an-
other person occurred as a direct result of the com-
mission of such offense; or
‘‘(3) the individual used force against the per-
son of another.
‘‘SEC. 2504. ADMINISTRATION.
‘‘(a) REGULATORY AUTHORITY.—The Attorney Gen-
eral shall issue any regulations and guidelines necessary
to carry out this part.
‘‘(b) APPLICATIONS.—In addition to any other re-
quirements that may be specified by the Attorney General,
an application for a grant under this part shall—
‘‘(1) include a long-term strategy and detailed
implementation plan;
‘‘(2) explain the applicant’s inability to fund the
program adequately without Federal assistance;
‘‘(3) certify that the Federal support provided
will be used to supplement, and not supplant, State,
Indian tribal, and local sources of funding that
would otherwise be available;
‘‘(4) identify related governmental or commu-
nity initiatives which complement or will be coordi-
nated with the proposal;
‘‘(5) certify that there has been appropriate
consultation with all affected agencies and that there