IB 
Union Calendar No. 596 
114TH CONGRESS 
2D SESSION 
H. R. 5963 
[Report No. 114–763] 
To reauthorize and improve the Juvenile Justice and Delinquency Prevention 
Act of 1974, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 8, 2016 
Mr. CURBELO of Florida (for himself, Mr. CARTER of Georgia, Mr. KLINE, 
Mr. SCOTT of Virginia, Mrs. DAVIS of California, and Ms. WILSON of 
Florida) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce 
SEPTEMBER 20, 2016 
Additional sponsors: Mr. BISHOP of Michigan, Mr. ROKITA, Mr. WILSON of 
South Carolina, Mr. ROE of Tennessee, Ms. STEFANIK, Mr. THOMPSON 
of Pennsylvania, Mr. BARLETTA, Ms. ADAMS, Ms. BONAMICI, Mr. 
TAKANO, Mr. DESAULNIER, Mr. CA´RDENAS, Mr. HINOJOSA, Ms. BASS, 
and Mr. SMITH of Washington 
SEPTEMBER 20, 2016 
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 September 8, 2016] 
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A BILL 
To reauthorize and improve the Juvenile Justice and 
Delinquency Prevention Act of 1974, and for other purposes. 
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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 ‘‘Supporting Youth Op-
portunity and Preventing Delinquency Act of 2016’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—DECLARATION OF FINDINGS, PURPOSE, AND DEFINITIONS 
Sec. 101. Findings. 
Sec. 102. Purposes. 
Sec. 103. Definitions. 
TITLE II—JUVENILE JUSTICE AND DELINQUENCY PREVENTION 
Sec. 201. Concentration of Federal efforts. 
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency Prevention. 
Sec. 203. Annual report. 
Sec. 204. Allocation of funds. 
Sec. 205. State plans. 
Sec. 206. Repeal of juvenile delinquency prevention block grant program. 
Sec. 207. Research and evaluation; statistical analyses; information dissemina-
tion. 
Sec. 208. Training and technical assistance. 
Sec. 209. Authorization of appropriations. 
Sec. 210. Administrative authority. 
TITLE III—INCENTIVE GRANTS FOR LOCAL DELINQUENCY 
PREVENTION PROGRAMS 
Sec. 301. Short Title. 
Sec. 302. Definitions. 
Sec. 303. Duties and functions of the administrator. 
Sec. 304. Grants for delinquency prevention programs. 
Sec. 305. Grants for tribal delinquency prevention and response programs. 
Sec. 306. Authorization of appropriations. 
Sec. 307. Technical amendment. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Evaluation by Government Accountability Office. 
Sec. 402. Accountability and oversight. 
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TITLE I—DECLARATION OF FIND-
INGS, PURPOSE, AND DEFINI-
TIONS 
SEC. 101. FINDINGS. 
Section 101(a)(9) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5601(a)(9)) is 
amended by inserting ‘‘, including offenders who enter the 
juvenile justice system as the result of sexual abuse, exploi-
tation, and trauma,’’ after ‘‘young juvenile offenders’’. 
SEC. 102. PURPOSES. 
Section 102 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5602) is amended— 
(1) in paragraph (1), by inserting ‘‘, tribal,’’ 
after ‘‘State’’; 
(2) in paragraph (2)— 
(A) by inserting ‘‘, tribal,’’ after ‘‘State’’; 
and 
(B) by striking ‘‘and’’ at the end; 
(3) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) to assist State, tribal, and local govern-
ments in addressing juvenile crime through the provi-
sion of technical assistance, research, training, eval-
uation, and the dissemination of current and relevant 
information on effective and evidence-based programs 
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and practices for combating juvenile delinquency; 
and’’; and 
(4) by adding at the end the following: 
‘‘(4) to support a continuum of evidence-based or 
promising programs (including delinquency preven-
tion, intervention, mental health, behavioral health 
and substance abuse treatment, family services, and 
services for children exposed to violence) that are 
trauma informed, reflect the science of adolescent de-
velopment, and are designed to meet the needs of at- 
risk youth and youth who come into contact with the 
justice system.’’. 
SEC. 103. DEFINITIONS. 
Section 103 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5603) is amended— 
(1) in paragraph (8)— 
(A) in subparagraph (B)(ii), by adding 
‘‘or’’ at the end; 
(B) by striking subparagraph (C); and 
(C) by redesignating subparagraph (D) as 
subparagraph (C); 
(2) in paragraph (18) by adding at the end the 
following: 
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‘‘that has a law enforcement function, as determined 
by the Secretary of the Interior in consultation with 
the Attorney General;’’. 
(3) by amending paragraph (22) to read as fol-
lows: 
‘‘(22) the term ‘jail or lockup for adults’ means 
a secure facility that is used by a State, unit of local 
government, or law enforcement authority to detain 
or confine adult inmates;’’; 
(4) by amending paragraph (25) to read as fol-
lows: 
‘‘(25) the term ‘sight or sound contact’ means 
any physical, clear visual, or verbal contact that is 
not brief and inadvertent;’’; 
(5) by amending paragraph (26) to read as fol-
lows: 
‘‘(26) the term ‘adult inmate’— 
‘‘(A) means an individual who— 
‘‘(i) has reached the age of full crimi-
nal responsibility under applicable State 
law; and 
‘‘(ii) has been arrested and is in cus-
tody for or awaiting trial on a criminal 
charge, or is convicted of a criminal offense; 
and 
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‘‘(B) does not include an individual who— 
‘‘(i) at the time of the time of the of-
fense, was younger than the maximum age 
at which a youth can be held in a juvenile 
facility under applicable State law; and 
‘‘(ii) was committed to the care and 
custody or supervision, including post- 
placement or parole supervision, of a juve-
nile correctional agency by a court of com-
petent jurisdiction or by operation of appli-
cable State law;’’; 
(6) in paragraph (28), by striking ‘‘and’’ at the 
end; 
(7) in paragraph (29), by striking the period at 
the end and inserting a semicolon; and 
(8) by adding at the end the following: 
‘‘(30) the term ‘core requirements’— 
‘‘(A) means the requirements described in 
paragraphs (11), (12), (13), and (15) of section 
223(a); and 
‘‘(B) does not include the data collection re-
quirements described in subparagraphs (A) 
through (K) of section 207(1); 
‘‘(31) the term ‘chemical agent’ means a spray 
or injection used to temporarily incapacitate a per-
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son, including oleoresin capsicum spray, tear gas, 
and 2-chlorobenzalmalononitrile gas; 
‘‘(32) the term ‘isolation’— 
‘‘(A) means any instance in which a youth 
is confined alone for more than 10 minutes in a 
room or cell; and 
‘‘(B) does not include— 
‘‘(i) 
confinement 
during 
regularly 
scheduled sleeping hours; 
‘‘(ii) separation based on a treatment 
program approved by a licensed medical or 
mental health professional; 
‘‘(iii) confinement or separation that is 
requested by the youth; or 
‘‘(iv) the separation of the youth from 
a group in a nonlocked setting for the lim-
ited purpose of calming; 
‘‘(33) the term ‘restraints’ has the meaning given 
that term in section 591 of the Public Health Service 
Act (42 U.S.C. 290ii); 
‘‘(34) the term ‘evidence-based’ means a program 
or practice that— 
‘‘(A) is demonstrated to be effective when 
implemented with fidelity; 
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‘‘(B) is based on a clearly articulated and 
empirically supported theory; 
‘‘(C) has measurable outcomes relevant to 
juvenile justice, including a detailed description 
of the outcomes produced in a particular popu-
lation, whether urban or rural; and 
‘‘(D) has been scientifically tested and prov-
en effective through randomized control studies 
or comparison group studies and with the ability 
to replicate and scale; 
‘‘(35) the term ‘promising’ means a program or 
practice that— 
‘‘(A) is demonstrated to be effective based on 
positive outcomes relevant to juvenile justice 
from 1 or more objective, independent, and sci-
entifically valid evaluations, as documented in 
writing to the Administrator; and 
‘‘(B) will be evaluated through a well-de-
signed and rigorous study, as described in para-
graph (34)(D); 
‘‘(36) the term ‘dangerous practice’ means an 
act, procedure, or program that creates an unreason-
able risk of physical injury, pain, or psychological 
harm to a juvenile subjected to the act, procedure, or 
program; 
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‘‘(37) the term ‘screening’ means a brief proc-
ess— 
‘‘(A) designed to identify youth who may 
have mental health, behavioral health, substance 
abuse, or other needs requiring immediate atten-
tion, intervention, and further evaluation; and 
‘‘(B) the purpose of which is to quickly 
identify a youth with possible mental health, be-
havioral health, substance abuse, or other needs 
in need of further assessment; 
‘‘(38) the term ‘assessment’ includes, at a min-
imum, an interview and review of available records 
and other pertinent information— 
‘‘(A) by an appropriately trained profes-
sional who is licensed or certified by the applica-
ble State in the mental health, behavioral health, 
or substance abuse fields; and 
‘‘(B) which is designed to identify signifi-
cant mental health, behavioral health, or sub-
stance abuse treatment needs to be addressed 
during a youth’s confinement; 
‘‘(39) for purposes of section 223(a)(15), the term 
‘contact’ means the points at which a youth and the 
juvenile justice system or criminal justice system offi-
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cially intersect, including interactions with a juvenile 
justice, juvenile court, or law enforcement official; 
‘‘(40) the term ‘trauma-informed’ means— 
‘‘(A) understanding the impact that expo-
sure to violence and trauma have on a youth’s 
physical, psychological, and psychosocial devel-
opment; 
‘‘(B) recognizing when a youth has been ex-
posed to violence and trauma and is in need of 
help to recover from the adverse impacts of trau-
ma; and 
‘‘(C) responding in ways that resist re-
traumatization; 
‘‘(41) the term ‘racial and ethnic disparity’ 
means minority youth populations are involved at a 
decision point in the juvenile justice system at higher 
rates, incrementally or cumulatively, than non-mi-
nority youth at that decision point; 
‘‘(42) the term ‘status offender’ means a juvenile 
who is charged with or who has committed an offense 
that would not be criminal if committed by an adult; 
‘‘(43) the term ‘rural’ means an area that is not 
located in a metropolitan statistical area, as defined 
by the Office of Management and Budget; 
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‘‘(44) the term ‘internal controls’ means a proc-
ess implemented to provide reasonable assurance re-
garding the achievement of objectives in— 
‘‘(A) effectiveness and efficiency of oper-
ations, such as grant management practices; 
‘‘(B) reliability of reporting for internal 
and external use; and 
‘‘(C) compliance with applicable laws and 
regulations, as well as recommendations of the 
Office of Inspector General and the Government 
Accountability Office; and 
‘‘(45) the term ‘tribal government’ means the 
governing body of an Indian tribe.’’. 
TITLE 
II—JUVENILE 
JUSTICE 
AND DELINQUENCY PREVEN-
TION 
SEC. 201. CONCENTRATION OF FEDERAL EFFORTS. 
Section 204 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5614) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), in the first sen-
tence— 
(i) by striking ‘‘a long-term plan, and 
implement’’ and inserting the following: ‘‘a 
long-term plan to improve the juvenile jus-
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tice system in the United States, taking into 
account scientific knowledge regarding ado-
lescent development and behavior and re-
garding the effects of delinquency prevention 
programs and juvenile justice interventions 
on adolescents, and shall implement’’; and 
(ii) by striking ‘‘research, and im-
provement of the juvenile justice system in 
the United States’’ and inserting ‘‘and re-
search’’; and 
(B) in paragraph (2)(B), by striking ‘‘Fed-
eral Register’’ and all that follows and inserting 
‘‘Federal Register during the 30-day period end-
ing on October 1 of each year.’’; and 
(2) in subsection (b)— 
(A) by striking paragraph (7); 
(B) by redesignating paragraphs (5) and 
(6) as paragraphs (6) and (7), respectively; 
(C) by inserting after paragraph (4), the 
following: 
‘‘(5) not later than 1 year after the date of enact-
ment of the Supporting Youth Opportunity and Pre-
venting Delinquency Act of 2016, in consultation with 
Indian tribes, develop a policy for the Office of Juve-
nile Justice and Delinquency Prevention to collabo-
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rate with representatives of Indian tribes with a 
criminal justice function on the implementation of 
the provisions of this Act relating to Indian tribes;’’; 
(D) in paragraph (6), as so redesignated, by 
adding ‘‘and’’ at the end; and 
(E) in paragraph (7), as so redesignated— 
(i) by striking ‘‘monitoring’’; 
(ii) by striking ‘‘section 223(a)(15)’’ 
and inserting ‘‘section 223(a)(16)’’; and 
(iii) by striking ‘‘to review the ade-
quacy of such systems; and’’ and inserting 
‘‘for monitoring compliance.’’. 
SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE 
AND DELINQUENCY PREVENTION. 
Section 206 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5616) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘the Administrator of 
the Substance Abuse and Mental Health 
Services Administration, the Secretary of 
the Interior,’’ after ‘‘the Secretary of Health 
and Human Services,’’; and 
(ii) by striking ‘‘Commissioner of Im-
migration and Naturalization’’ and insert-
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ing ‘‘Assistant Secretary for Immigration 
and Customs Enforcement’’; and 
(B) in paragraph (2), by striking ‘‘United 
States’’ and inserting ‘‘Federal Government’’; 
and 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘para-
graphs (12)(A), (13), and (14) of section 223(a) 
of this title’’ and inserting ‘‘the core require-
ments’’; and 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘, on an annual 
basis’’ after ‘‘collectively’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) not later than 120 days after the com-
pletion of the last meeting of the Council during 
any fiscal year, submit to the Committee on 
Education and the Workforce of the House of 
Representatives and the Committee on the Judi-
ciary of the Senate a report that— 
‘‘(i) contains the recommendations de-
scribed in subparagraph (A); 
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‘‘(ii) includes a detailed account of the 
activities conducted by the Council during 
the fiscal year, including a complete de-
tailed accounting of expenses incurred by 
the Council to conduct operations in accord-
ance with this section; 
‘‘(iii) is published on the Web sites of 
the Office of Juvenile Justice and Delin-
quency Prevention, the Council, and the De-
partment of Justice; and 
‘‘(iv) is in addition to the annual re-
port required under section 207.’’. 
SEC. 203. ANNUAL REPORT. 
Section 207 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5617) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘a fiscal year’’ and inserting ‘‘each fiscal 
year’’; 
(2) in paragraph (1)— 
(A) in subparagraph (B), by striking ‘‘and 
gender’’ and inserting ‘‘, gender, and ethnicity, 
as such term is defined by the Bureau of the 
Census,’’; 
(B) in subparagraph (E), by striking ‘‘and’’ 
at the end; 
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(C) in subparagraph (F)— 
(i) by inserting ‘‘and other’’ before 
‘‘disabilities,’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(D) by adding at the end the following: 
‘‘(G) a summary of data from 1 month of 
the applicable fiscal year of the use of restraints 
and isolation upon juveniles held in the custody 
of secure detention and correctional facilities op-
erated by a State or unit of local government; 
‘‘(H) the number of status offense cases peti-
tioned to court, number of status offenders held 
in secure detention, the findings used to justify 
the use of secure detention, and the average pe-
riod of time a status offender was held in secure 
detention; 
‘‘(I) the number of juveniles released from 
custody and the type of living arrangement to 
which they are released; 
‘‘(J) the number of juveniles whose offense 
originated on school grounds, during school-spon-
sored off-campus activities, or due to a referral 
by a school official, as collected and reported by 
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the Department of Education or similar State 
educational agency; and 
‘‘(K) the number of juveniles in the custody 
of secure detention and correctional facilities op-
erated by a State or unit of local government 
who report being pregnant.’’; and 
(3) by adding at the end the following: 
‘‘(5) A description of the criteria used to deter-
mine what programs qualify as evidence-based and 
promising programs under this title and title V and 
a comprehensive list of those programs the Adminis-
trator has determined meet such criteria in both rural 
and urban areas. 
‘‘(6) A description of funding provided to Indian 
tribes under this Act or for a juvenile delinquency or 
prevention program under the Tribal Law and Order 
Act of 2010 (Public Law 111–211; 124 Stat. 2261), 
including direct Federal grants and funding provided 
to Indian tribes through a State or unit of local gov-
ernment. 
‘‘(7) An analysis and evaluation of the internal 
controls at the Office of Juvenile Justice and Delin-
quency Prevention to determine if grantees are fol-
lowing the requirements of the Office of Juvenile Jus-
tice and Delinquency Prevention grant programs and 
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what remedial action the Office of Juvenile Justice 
and Delinquency Prevention has taken to recover any 
grant funds that are expended in violation of the 
grant programs, including instances— 
‘‘(A) in which supporting documentation 
was not provided for cost reports; 
‘‘(B) where unauthorized expenditures oc-
curred; or 
‘‘(C) where subrecipients of grant funds 
were not compliant with program requirements. 
‘‘(8) An analysis and evaluation of the total 
amount of payments made to grantees that the Office 
of Juvenile Justice and Delinquency Prevention re-
couped from grantees that were found to be in viola-
tion of policies and procedures of the Office of Juve-
nile Justice and Delinquency Prevention grant pro-
grams, including— 
‘‘(A) the full name and location of the 
grantee; 
‘‘(B) the violation of the program found; 
‘‘(C) the amount of funds sought to be re-
couped by the Office of Juvenile Justice and De-
linquency Prevention; and 
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‘‘(D) the actual amount recouped by the Of-
fice of Juvenile Justice and Delinquency Preven-
tion.’’. 
SEC. 204. ALLOCATION OF FUNDS. 
(a) TECHNICAL ASSISTANCE.—Section 221(b)(1) of the 
Juvenile Justice and Delinquency Prevention Act of 1974 
(42 U.S.C. 5631(b)(1)) is amended by striking ‘‘2 percent’’ 
and inserting ‘‘5 percent’’. 
(b) OTHER ALLOCATIONS.—Section 222 of the Juve-
nile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5632) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘age 
eighteen’’ and inserting ‘‘18 years of age, based 
on the most recent data available from the Bu-
reau of the Census’’; and 
(B) by striking paragraphs (2) and (3) and 
inserting the following: 
‘‘(2)(A) If the aggregate amount appropriated for a fis-
cal year to carry out this title is less than $75,000,000, 
then— 
‘‘(i) the amount allocated to each State other 
than a State described in clause (ii) for that fiscal 
year shall be not less than $400,000; and 
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‘‘(ii) the amount allocated to the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands for 
that fiscal year shall be not less than $75,000. 
‘‘(B) If the aggregate amount appropriated for a fiscal 
year to carry out this title is not less than $75,000,000, 
then— 
‘‘(i) the amount allocated to each State other 
than a State described in clause (ii) for that fiscal 
year shall be not less than $600,000; and 
‘‘(ii) the amount allocated to the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands for 
that fiscal year shall be not less than $100,000.’’; 
(2) in subsection (c), by striking ‘‘efficient ad-
ministration, including monitoring, evaluation, and 
one full-time staff position’’ and inserting ‘‘effective 
and efficient administration of funds, including the 
designation of not less than 1 individual who shall co-
ordinate efforts to achieve and sustain compliance 
with the core requirements and certify whether the 
State is in compliance with such requirements’’; and 
(3) in subsection (d), by striking ‘‘5 per centum 
of the minimum’’ and inserting ‘‘not more than 5 
percent of the’’. 
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SEC. 205. STATE PLANS. 
Section 223 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5633) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘and shall describe the status of com-
pliance with State plan requirements.’’ and in-
serting ‘‘and shall describe how the State plan is 
supported by or takes account of scientific knowl-
edge regarding adolescent development and be-
havior and regarding the effects of delinquency 
prevention programs and juvenile justice inter-
ventions on adolescents. Not later than 60 days 
after the date on which a plan or amended plan 
submitted under this subsection is finalized, a 
State shall make the plan or amended plan pub-
licly available by posting the plan or amended 
plan on the State’s publicly available website.’’; 
(B) in paragraph (1), by striking ‘‘de-
scribed in section 299(c)(1)’’ and inserting ‘‘as 
designated by the chief executive officer of the 
State’’; 
(C) in paragraph (3)— 
(i) in subparagraph (A)— 
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(I) in clause (i), by inserting ‘‘ad-
olescent 
development,’’ 
after 
‘‘con-
cerning’’; 
(II) in clause (ii)— 
(aa) in subclause (II), by in-
serting ‘‘publicly supported court- 
appointed legal counsel with expe-
rience representing juveniles in 
delinquency proceedings,’’ after 
‘‘youth,’’; 
(bb) in subclause (III), by 
striking 
‘‘mental 
health, 
edu-
cation, special education’’ and in-
serting 
‘‘child 
and 
adolescent 
mental health, education, child 
and adolescent substance abuse, 
special education, services for 
youth with disabilities’’; 
(cc) in subclause (V), by 
striking ‘‘delinquents or potential 
delinquents’’ and inserting ‘‘delin-
quent youth or youth at risk of 
delinquency’’; 
(dd) in subclause (VI), by 
striking ‘‘youth workers involved 
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dividual with significant expertise in 
tribal law enforcement and juvenile 
justice in Indian tribal communities;’’; 
(III) in clause (iv), by striking 
‘‘24 at the time of appointment’’ and 
inserting ‘‘28 at the time of initial ap-
pointment’’; and 
(IV) in clause (v) by inserting 
‘‘or, if not feasible and in appropriate 
circumstances, who is the parent or 
guardian of someone who has been or 
is currently under the jurisdiction of 
the juvenile justice system’’ after ‘‘juve-
nile justice system’’; 
(ii) in subparagraph (C), by striking 
‘‘30 days’’ and inserting ‘‘45 days’’; and 
(iii) in subparagraph (D)— 
(I) in clause (i), by striking 
‘‘and’’ at the end; and 
(II) in clause (ii), by striking ‘‘at 
least annually recommendations re-
garding State compliance with the re-
quirements of paragraphs (11), (12), 
and (13)’’ and inserting ‘‘at least every 
2 years a report and necessary rec-
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ommendations regarding State compli-
ance with the core requirements’’; and 
(iv) in subparagraph (E)— 
(I) in clause (i), by adding ‘‘and’’ 
at the end; and 
(II) in clause (ii), by striking the 
period at the end and inserting a semi-
colon; 
(D) in paragraph (5)(C), by striking ‘‘In-
dian tribes’’ and all that follows through ‘‘appli-
cable to the detention and confinement of juve-
niles’’ and inserting ‘‘Indian tribes that agree to 
attempt to comply with the core requirements 
applicable to the detention and confinement of 
juveniles’’; 
(E) in paragraph (7)— 
(i) in subparagraph (A), by striking 
‘‘performs law enforcement functions’’ and 
inserting ‘‘has jurisdiction’’; and 
(ii) in subparagraph (B)— 
(I) in clause (iii), by striking 
‘‘and’’ at the end; and 
(II) by striking clause (iv) and 
inserting the following: 
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‘‘(iv) a plan to provide alternatives to 
detention for status offenders, survivors of 
commercial sexual exploitation, and others, 
where appropriate, such as specialized or 
problem-solving courts or diversion to home- 
based or community-based services or treat-
ment for those youth in need of mental 
health, substance abuse, or co-occurring dis-
order services at the time such juveniles first 
come into contact with the juvenile justice 
system; 
‘‘(v) a plan to reduce the number of 
children housed in secure detention and cor-
rections facilities who are awaiting place-
ment in residential treatment programs; 
‘‘(vi) a plan to engage family members, 
where appropriate, in the design and deliv-
ery of juvenile delinquency prevention and 
treatment services, particularly post-place-
ment; 
‘‘(vii) a plan to use community-based 
services to respond to the needs of at-risk 
youth or youth who have come into contact 
with the juvenile justice system; 
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‘‘(viii) a plan to promote evidence- 
based and trauma-informed programs and 
practices; and 
‘‘(ix) not later than 1 year after the 
date of enactment of the Supporting Youth 
Opportunity and Preventing Delinquency 
Act of 2016, a plan, which shall be imple-
mented not later than 2 years after the date 
of enactment of the Supporting Youth Op-
portunity and Preventing Delinquency Act 
of 2016, to— 
‘‘(I) eliminate the use of restraints 
of known pregnant juveniles housed in 
secure juvenile detention and correction 
facilities, during labor, delivery, and 
post-partum recovery, unless credible, 
reasonable grounds exist to believe the 
detainee presents an immediate and se-
rious threat of hurting herself, staff, or 
others; and 
‘‘(II) eliminate the use of abdom-
inal restraints, leg and ankle re-
straints, wrist restraints behind the 
back, and four-point restraints on 
known pregnant juveniles, unless— 
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‘‘(aa) 
credible, 
reasonable 
grounds exist to believe the de-
tainee presents an immediate and 
serious threat of hurting herself, 
staff, or others; or 
‘‘(bb) 
reasonable 
grounds 
exist to believe the detainee pre-
sents an immediate and credible 
risk of escape that cannot be rea-
sonably minimized through any 
other method;’’; 
(F) in paragraph (8), by striking ‘‘existing’’ 
and inserting ‘‘evidence-based and promising’’; 
(G) in paragraph (9)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘, with priority in 
funding given to entities meeting the cri-
teria for evidence-based or promising pro-
grams’’ after ‘‘used for’’; 
(ii) in subparagraph (A)— 
(I) in clause (i)— 
(aa) by inserting ‘‘status of-
fenders and other’’ before ‘‘youth 
who need’’; and 
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(bb) by striking ‘‘and’’ at the 
end; 
(II) in clause (ii) by adding 
‘‘and’’ at the end; and 
(III) by inserting after clause (ii) 
the following: 
‘‘(iii) for youth who are active or 
former gang members, specialized intensive 
and comprehensive services that address the 
unique issues encountered by youth when 
they become involved with gangs;’’; 
(iii) in subparagraph (B)(i)— 
(I) by striking ‘‘parents and other 
family members’’ and inserting ‘‘status 
offenders, other youth, and the parents 
and other family members of such of-
fenders and youth’’; and 
(II) by striking ‘‘be retained’’ and 
inserting ‘‘remain’’; 
(iv) in subparagraph (E)— 
(I) in the matter preceding clause 
(i), by striking ‘‘delinquent’’ and in-
serting ‘‘at-risk or delinquent youth’’; 
and 
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(II) in clause (i), by inserting ‘‘, 
including for truancy prevention and 
reduction’’ before the semicolon; 
(v) in subparagraph (F), in the matter 
preceding clause (i), by striking ‘‘expand-
ing’’ and inserting ‘‘programs to expand’’; 
(vi) by redesignating subparagraphs 
(G) through (S) as subparagraphs (H) 
through (T), respectively; 
(vii) by inserting after subparagraph 
(F), the following: 
‘‘(G) programs— 
‘‘(i) to ensure youth have access to ap-
propriate legal representation; and 
‘‘(ii) to expand access to publicly sup-
ported, court-appointed legal counsel who 
are trained to represent juveniles in adju-
dication proceedings, 
except that the State may not use more than 2 
percent of the funds received under section 222 
for these purposes;’’; 
(viii) in subparagraph (H), as so re-
designated, by striking ‘‘State,’’ each place 
the term appears and inserting ‘‘State, trib-
al,’’; 
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(ix) in subparagraph (M), as so redes-
ignated— 
(I) in clause (i)— 
(aa) by inserting ‘‘pre-adju-
dication and’’ before ‘‘post-adju-
dication’’; 
(bb) by striking ‘‘restraints’’ 
and inserting ‘‘alternatives’’; and 
(cc) by inserting ‘‘specialized 
or problem-solving courts,’’ after 
‘‘(including’’; and 
(II) in clause (ii)— 
(aa) by striking ‘‘by the pro-
vision by the Administrator’’; and 
(bb) by striking ‘‘to States’’; 
(x) in subparagraph (N), as redesig-
nated— 
(I) by inserting ‘‘and reduce the 
risk of recidivism’’ after ‘‘families’’; 
and 
(II) by striking ‘‘so that such ju-
veniles may be retained in their 
homes’’; 
(xi) in subparagraph (S), as so redes-
ignated, by striking ‘‘and’’ at the end; 
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(xii) in subparagraph (T), as so redes-
ignated— 
(I) by inserting ‘‘or co-occurring 
disorder’’ after ‘‘mental health’’; 
(II) by inserting ‘‘court-involved 
or’’ before ‘‘incarcerated’’; 
(III) by striking ‘‘suspected to 
be’’; 
(IV) by striking ‘‘and discharge 
plans’’ and inserting ‘‘provision of 
treatment, and development of dis-
charge plans’’; and 
(V) by striking the period at the 
end and inserting a semicolon; and 
(xiii) by inserting after subparagraph 
(T) the following: 
‘‘(U) programs and projects designed— 
‘‘(i) to inform juveniles of the oppor-
tunity 
and 
process 
for 
sealing 
and 
expunging juvenile records; and 
‘‘(ii) to assist juveniles in pursuing ju-
venile record sealing and expungements for 
both adjudications and arrests not followed 
by adjudications; 
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except that the State may not use more than 2 
percent of the funds received under section 222 
for these purposes; 
‘‘(V) programs that address the needs of 
girls in or at risk of entering the juvenile justice 
system, including pregnant girls, young mothers, 
victims of sexual abuse, survivors of commercial 
sexual exploitation or domestic child sex traf-
ficking, girls with disabilities, and girls of color, 
including girls who are members of an Indian 
tribe; and 
‘‘(W) monitoring for compliance with the 
core requirements and providing training and 
technical assistance on the core requirements to 
secure facilities;’’; 
(H) by striking paragraph (11) and insert-
ing the following: 
‘‘(11)(A) in accordance with rules issued by the 
Administrator, provide that a juvenile shall not be 
placed in a secure detention facility or a secure cor-
rectional facility, if— 
‘‘(i) the juvenile is charged with or has com-
mitted an offense that would not be criminal if 
committed by an adult, excluding— 
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‘‘(I) a juvenile who is charged with or 
has committed a violation of section 
922(x)(2) of title 18, United States Code, or 
of a similar State law; 
‘‘(II) a juvenile who is charged with or 
has committed a violation of a valid court 
order issued and reviewed in accordance 
with paragraph (23); and 
‘‘(III) a juvenile who is held in accord-
ance with the Interstate Compact on Juve-
niles as enacted by the State; or 
‘‘(ii) the juvenile— 
‘‘(I) is not charged with any offense; 
and 
‘‘(II)(aa) is an alien; or 
‘‘(bb) is alleged to be dependent, ne-
glected, or abused; and 
‘‘(B) require that— 
‘‘(i) not later than 3 years after the date of 
enactment of the Supporting Youth Opportunity 
and Preventing Delinquency Act of 2016, unless 
a court finds, after a hearing and in writing, 
that it is in the interest of justice, juveniles 
awaiting trial or other legal process who are 
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treated as adults for purposes of prosecution in 
criminal court and housed in a secure facility— 
‘‘(I) shall not have sight or sound con-
tact with adult inmates; and 
‘‘(II) except as provided in paragraph 
(13), may not be held in any jail or lockup 
for adults; 
‘‘(ii) in determining under subparagraph 
(A) whether it is in the interest of justice to per-
mit a juvenile to be held in any jail or lockup 
for adults, or have sight or sound contact with 
adult inmates, a court shall consider— 
‘‘(I) the age of the juvenile; 
‘‘(II) the physical and mental matu-
rity of the juvenile; 
‘‘(III) the present mental state of the 
juvenile, including whether the juvenile pre-
sents an imminent risk of harm to the juve-
nile; 
‘‘(IV) the nature and circumstances of 
the alleged offense; 
‘‘(V) the juvenile’s history of prior de-
linquent acts; 
‘‘(VI) the relative ability of the avail-
able adult and juvenile detention facilities 
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to not only meet the specific needs of the ju-
venile but also to protect the safety of the 
public as well as other detained youth; and 
‘‘(VII) any other relevant factor; and 
‘‘(iii) if a court determines under subpara-
graph (A) that it is in the interest of justice to 
permit a juvenile to be held in any jail or lockup 
for adults— 
‘‘(I) the court shall hold a hearing not 
less frequently than once every 30 days, or 
in the case of a rural jurisdiction, not less 
frequently than once every 45 days, to re-
view whether it is still in the interest of jus-
tice to permit the juvenile to be so held or 
have such sight or sound contact; and 
‘‘(II) the juvenile shall not be held in 
any jail or lockup for adults, or permitted 
to have sight or sound contact with adult 
inmates, for more than 180 days, unless the 
court, in writing, determines there is good 
cause for an extension or the juvenile ex-
pressly waives this limitation;’’. 
(I) in paragraph (12)(A), by striking ‘‘con-
tact’’ and inserting ‘‘sight or sound contact’’; 
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(J) in paragraph (13), by striking ‘‘con-
tact’’ each place it appears and inserting ‘‘sight 
or sound contact’’; 
(K) in paragraph (14)— 
(i) by striking ‘‘adequate system’’ and 
inserting ‘‘effective system’’; 
(ii) by inserting ‘‘lock-ups,’’ after 
‘‘monitoring jails,’’; 
(iii) by inserting ‘‘and’’ after ‘‘deten-
tion facilities,’’; 
(iv) by striking ‘‘, and non-secure fa-
cilities’’; 
(v) by striking ‘‘insure’’ and inserting 
‘‘ensure’’; 
(vi) by striking ‘‘requirements of para-
graphs (11), (12), and (13)’’ and inserting 
‘‘core requirements’’; and 
(vii) by striking ‘‘, in the opinion of 
the Administrator,’’; 
(L) by striking paragraphs (22) and (27); 
(M) by redesignating paragraph (28) as 
paragraph (27); 
(N) by redesignating paragraphs (15) 
through (21) as paragraphs (16) through (22), 
respectively; 
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