I
104TH CONGRESS
1ST SESSION
H. R. 600
To allow States to use funds to develop a system which increases the extent
of consequences for juveniles repeatedly found guilty of offenses and
to construct, develop, expand, modify, operate or improve youth correc-
tional facilities.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 20, 1995
Mr. WYDEN introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To allow States to use funds to develop a system which
increases the extent of consequences for juveniles repeat-
edly found guilty of offenses and to construct, develop,
expand, modify, operate or improve youth correctional
facilities.
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 in
Sentencing for Young Offenders Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) The juvenile justice system in this country
is built around an outdated philosophy that places
the goal of rehabilitation above community safety
concerns.
(2) Violent juvenile crime is increasing at a rate
that is double that for adults, and few juveniles are
held accountable for their offenses.
(3) Many juvenile justice programs do not col-
lect data or analyze whether sanctions or treatment
programs now in use are effective in reducing recidi-
vism.
(4) The Federal Government should encourage
the States to pursue new juvenile justice policies
that emphasize community safety, individual ac-
countability, work, restitution to victims, parental
involvement, and zero-tolerance for repeated criminal
acts.
(b) PURPOSES.—The purposes of the Act are as
follows:
(1) To provide States with an incentive to es-
tablish a system of graduated sanctions for juvenile
delinquents with sentencing options ranging from
restitution and community service to youth correc-
tional facilities to remand to adult court for older
violent juvenile offenders. If a juvenile continues to
commit offenses, he or she will move up a ladder of
increasing consequences.
(2) To promote parental involvement and re-
sponsibility in the juvenile justice system.
(3) To provide incentives for States to develop
periodic evaluations of the effectiveness of their juve-
nile justice systems in keeping communities safe and
working to reduce rates of juvenile recidivism.
SEC. 3. GRANTS FOR CORRECTIONAL FACILITIES.
The Violent Crime Control and Law Enforcement Act
of 1994 is amended—
(1) in section 20101(a), by inserting ‘‘adult and
juvenile’’ before ‘‘correctional facilities’’ each place it
appears;
(2) in section 20103(b)(2), by adding at the
end: ‘‘In making allocations under this paragraph,
the Attorney General shall give a preference to
States that provide assurances to the Attorney Gen-
eral that such States have in effect graduated sanc-
tions for the State’s juvenile justice system.’’; and
(3) in section 20102(b)(2), by striking ‘‘shall
transfer’’ and all that follows through ‘‘paragraph
(1).’’ and inserting ‘‘shall—
‘‘(A) make grants from a portion, deter-
mined by the Attorney General, of any funds
made available to carry out this section that are
not allocated to an eligible State under para-
graph (1), to a State or States that provide as-
surances to the Attorney General that such
State or States have in effect graduated sanc-
tions, for the construction, development, expan-
sion, modification, operation, or improvement of
juvenile facilities; and
‘‘(B) transfer to the funds to be allocated
under section 20103(b)(1) any remainder of the
funds so made available but not allocated under
paragraph (1) or used for grants under sub-
paragraph (A).’’
SEC. 4. OPTIONAL USE OF GRANTS FOR CORRECTIONAL
FACILITIES.
(a) USE OF GRANT MONEY.—A State, or States or-
ganized as multi-State compact, may opt to use any Fed-
eral grant money allocated to such State or States for
adult correctional facilities to construct, develop, expand,
modify, operate, or improve youth correctional facilities,
such as secure youth correctional facilities, youth acad-
emies, juvenile boot camps, and restitution centers, which
provide the State with a range of dispositional options and
promote reduced recidivism.
(b) ELIGIBILITY.—To be eligible to opt to use grant
money in the manner provided in subsection (a), the State
or States shall submit an application to the Attorney Gen-
eral which includes, at a minimum—
(1) assurances that—
(A) the State or States has established or
is in the process of establishing a system of
graduated sanctions for the State’s juvenile jus-
tice system in which the State bases disposi-
tions for juveniles on a scale of increasingly se-
vere sanctions for the commission of a repeat
offense, particularly if the subsequent offense
committed by such juvenile is of similar or
greater seriousness or if a court dispositional
order for a delinquent act is violated;
(B) such dispositions should, to the extent
practicable, require the juvenile delinquent to
compensate victims for losses and compensates
the juvenile justice authorities for supervision
costs;
(2) assurances that the State or States imposes
a sanction on each juvenile adjudicated delinquent;
(3) assurances that the State or States requires
that a State court concur in allowing a juvenile to
be sent to a diversionary program in lieu of juvenile
court proceedings;
(4) assurances that the State or States has pro-
grams that address the need for effective bindover
systems or for the prosecution as adults of juveniles,
15 years of age or older, who are charged with a
crime of violence as defined in section 16 of title 18,
United States Code;
(5) assurances that where practicable and ap-
propriate, the State or States requires parents to
participate in meeting the dispositional requirements
imposed on the juvenile by the court;
(6) assurances that the State or States has con-
sulted with any units of local government responsible
for youth secure facilities in setting priorities for
construction, development, expansion and modifica-
tion, operation or improvement of juvenile facilities,
and to the extent practicable, ensures that the needs
of entities currently administering juvenile facilities
are addressed; and
(7) assurances that the State or States have in
place or are putting in place systems to provide ob-
jective evaluations of State and local juvenile justice
systems to determine such systems’ effectiveness in
protecting the community, reducing recidivism, and
ensuring compliance with dispositions.
SEC. 5. DEFINITIONS.
Section 20108 of the Violent Crime Control and Law
Enforcement Act of 1994 is amended by adding at the
end the following:
‘‘ ‘youth academy’ means a residential facility
that provides basic education, rehabilitation services,
job skills training and apprenticeship programs to
young offenders.
‘‘ ‘restitution center’ means a residential facility
with an intensive program of accountability centered
activities that provide a needed community service.
‘‘ ‘juvenile boot camps’ means a residential facil-
ity or program based on a military basic training
model that includes extensive discipline, physical
work, physical exercise, and military drill.
‘‘ ‘secure youth correctional facility’ means a fa-
cility that provides the highest level of security and
direct supervision for juvenile offenders.
‘‘ ‘youth correctional facility’ means any public
or private residential facility which—
‘‘(A) includes construction fixtures de-
signed to physically restrict the movements and
activities of juveniles held in lawful custody;
and
‘‘(B) is used for the placement, after adju-
dication and disposition, for any juvenile who
has been adjusted as having committed on of-
fense, or any juvenile tried and convicted of a
crime as an adult.
‘‘ ‘sanctions’ means a penalty for a delinquent
act that ensures accountability and may range from
community service and restitution requirements to
incarceration in a secure youth correctional facility,
and, to the extent practicable, that ensures com-
pensation to victims for losses and compensation to
the juvenile justice authorities for supervision costs.
‘‘ ‘offense’ means an act by a juvenile that
would be considered a crime if it were committed by
an adult.
‘‘ ‘delinquent act’ has the same meaning as the
term offense.
‘‘ ‘graduated sanctions’ means that—
‘‘(A) the State or States has established or
is in the process of establishing a system of
sanctions for the State’s juvenile justice system
in which the State bases dispositions for juve-
niles on a scale of increasingly severe sanctions
for the commission of a repeat offense, particu-
larly if the subsequent offense committed by
such juvenile is of similar or greater seriousness
or if a court dispositional order for a delinquent
act is violated;
‘‘(B) such dispositions should, to the ex-
tent practicable, require the juvenile delinquent
to compensate victims for losses and com-
pensates the juvenile justice authorities for su-
pervision costs;
‘‘(C) the State or States imposes a sanc-
tion on each juvenile adjudicated delinquent;
‘‘(D) the State or States requires that a
State court concur in allowing a juvenile to be
sent to a diversionary program in lieu of juve-
nile court proceedings;
‘‘(E) the State or States has programs
that address the need for effective bindover sys-
tems or for the prosecution as adults of juve-
niles, 15 years of age or older, who are charged
with a crime of violence as defined in section 16
of title 18, United States Code;
‘‘(F) where practicable and appropriate,
the State or States requires parents to partici-
pate in meeting the dispositional requirements
imposed on the juvenile by the court;
‘‘(G) the State or States has consulted
with any units of local government responsible
for youth secure facilities in setting priorities
for construction, development, expansion and
modification, operation or improvement of juve-
nile facilities, and to the extent practicable, en-
sures that the needs of entities currently ad-
ministering juvenile facilities are addressed; and
‘‘(H) the State or States have in place or
are putting in place systems to provide objective
evaluations of State and local juvenile justice
systems to determine such systems’ effective-
ness in protecting the community, reducing re-
cidivism, and ensuring compliance with disposi-
tions.’’;’’.
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